ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, JUNE 24, 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 Ron Robertson, Full Gospel Tabernacle
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. JULY IS PARKS & RECREATION MONTH PROCLAMATION - Community Services
2. INTRODUCTION OF NEW HUMAN RESOURCES TECHNICIAN -Administrative Services PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than three (3) minutes. No more than ten (10) minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 3-10)
3. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 10, 2025 - (City Clerk)
Staff Recommendation: Approve
4. APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST - (Administrative Services)
Staff Recommendation: Approve
5. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A LEAGUE
REGISTRATION AGREEMENT WITH RCX SPORTS FOR NATIONAL FOOTBALL LEAGUE (NFL) FLAG PROGRAM- (Community Services)
Staff Recommendation: Approve
6. APPROVE AND AUTHORIZE THE CITY MANGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH MINTIER HARNISH FOR CONSUL TING SERVICES
FOR AN UPDATE TO THE GENERAL PLAN AND THE ACCOMPANYING
ENVIRONMENTAL ANALYSIS- (Community Development)
Staff Recommendation: Approve
7. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC, FOR THE REMOVAL, 2 TRANSPORTATION AND PROPER DISPOSAL OF THE CITY OF REEDLEY WASTEWATER TREATMENT PLANT BIO SOLIDS - (Public Works)
Staff Recommendation: Approve
8. APPROVE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
ENCROACHMENT AGREEMENT WITH ALTA IRRIGATION DISTRICT FOR THE VESTING TENTATIVE SUBDIVISION MAP NO. 6488 PROJECT - (Engineering) Staff Recommendation: Approve
9. APPROVE LIST DECLARING VEHICLES AND EQUIPMENT AS SURPLUS - (Public Works)
Staff Recommendation: Approve
10. CONSIDERATION OF ITEMS PERTAINING TO THE CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN:
A. ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-042 AMENDING THE FISCAL YEAR 2024-25 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $550,770 FOR THE UTILITY MASTER PLAN
B. ADOPT RESOLUTION NO. 2025-043 APPROVING AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR UPDATING THE
CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN
(Engineering)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
11. REEVALUATION OF WATER AEROBICS ONE-DAY PASS FEE AND MONTHLY RATE
ADJUSTMENTS AND DIRECTION TO STAFF
Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Community Services)
Staff Recommendation: Approve
WORKSHOP
12. COMMUNITY CRIME AND STATISTICS BRIEFING - Police Department
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.
13. REEDLEY'S RIVER CITY THEATRE COMPANY, PROFIT & LOSS STATEMENT FOR THE PERIOD OF JANUARY 1 - MAY 31, 2025- Community Services 3 COUNCIL REPORTS
14.BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
15.UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS
CLOSED SESSION
16. Government Code Section 54957
THREAT TO PUBLIC SERVICES OR FACILITIES; CONSIDERATION OF TACTICAL
RESPONSE PLAN
Consultation with: Marc A. Ediger Chief of Police
RECONVENE TO OPEN SESSION
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 19th day of June 2025.
Ruf~ Greenwoocl,Cityie,k ~
Dates to Remember:
July 8, 2025-Dark
July 22, 2025 -Regular Meeting at 7pm
4 JULY IS PARKS & RECREATION MONTH
WHEREAS, Parks and Recreation promotes physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and . WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses and non-profits, and offering events for resident's engagement; and WHEREAS, Parks and Recreation creates memorable experiences through youth sports and enrichment activities, senior activity centers, adult fitness, enrichment programs, free community events, Expanded Learning Programs, and beyond; and WHEREAS, Parks and Recreation supports human development and endless learning opportunities that foster social, intellectual, physical, and emotional growth in people of all ages and abilities; and
WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, and landscape; and
WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open space, connecting people to nature; and WHEREAS, Parks and Recreation supports safe, vibrant, attractive communities that make life better through positive alternatives offered in their recreational opportunities; and WHEREAS, hundreds of California children, adults and seniors' benefit from the wide range of services, facilities and programs provided by the City of Reedley Community Servttes Department;
NOW, THEREFORE, be it resolved that City Council of the City of Reedley urges all residents to enjoy and recognize the social, physical, mental, economic, environmental and community benefits derived from our community center, public parks, community swimming programs and all services and programs offered through Community Services Department, which provide something of value to everyone, and recognize July as "Parks and Recreation Month".
ATED: June 24, 2025
Matthew Tuttle
Mayor of the City of Reedley
REEDLEY CITY COUNCIL MEETING - June 10, 2025
A complete audio record of the minutes is available at www.reedley.ca..gov The meeting of Reedley City Council was called to order by Mayor Tuttle at 7:01 p.m. on Tuesday, June 10, 2025 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION -Pastor Jeremy Manning, Awaken Church
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Arriaga.
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
City Manager Nicole Zieba requested item 2 be removed off Consent Agenda and heard on Administrative Business after the conclusion of item 7. This item would be listed as 8A on Administrative Business.
Council Member Friesen motioned, Council Member Crutchfield seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
Larry Salinas with Congressman Jim Costa's oif1ce came an__dintroduced._himseJLto Coun.ciLand~Staff.
Jose Verduzco the Government Relation Representative with PG&E introduced himself to Council and Staff.
CONSENT AGENDA (Item 1-4)
Council Member Fast asked to discuss item 4 prior to the vote. City Engineer Marilu Morales answered questions about that item.
Council Member Arriaga asked to discuss item 3 prior to the vote. Public Works Director Russ Robertson answered questions regarding the item.
Council Member Friesen moved, Council Member Fast seconded to accept, approve and adopt all items listed under the CONSENT AGENDA.
1. APPROVAL OF MINUTES OF THE SPECIAL AND REGULAR COUNCIL MEETINGS OF MAY 27, 2025 - Approved
2. ADOPT RESOLUTION NO. 2025-038 APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE GRANT DEEDS ON BEHALF OF THE CITY
OF REEDLEY TO ACCEPT STREET RIGHT OF WAY AND/OR TEMPORARY CONSTRUCTION
EASEMENTS FROM FIVE PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT -Removed off Consent and listed as item 8A on Administrative Business
3. ADOPT RESOLUTION NO. 2025-039 AMENDING THE FISCAL YEAR 2024-2025 ADOPTED BUDGET TO RECEIVE NEW REVENUE AND APPROPRIATE SUFFICIENT FUNDS FOR DBCP (DIBROMOCHLOROPROP ANE) SETTLEMENT AGREEMENT LEGAL FEES -Approved REEDLEY CITY COUNCIL MEETING - June 10, 2025
4. ADOPT RESOLUTION NO. 2025-041 , ACCEPTING THE CONSTRUCTION IMPROVEMENTS FOR THE REEDLEY SPORTS PARK PHASE 2 PROJECT AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE COUNTY OF FRESNO RECORDER'S OFFICE -Approved
ADMINISTRATIVE BUSINESS
5. ANNUAL ADOPTION OF 2025-2026 FISCAL YEAR BUDGET AND RELATED FISCAL ITEMS A. ADOPT RESOLUTION NO. 2025-029 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2025 TO JUNE 30, 2026, PROVIDING FOR THE APPROPRIATION AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL BUDGET, PROVIDING FOR
THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND REPEALING ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 10, 2025 B. ADOPT RESOLUTION NO. 2025-030 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF
REEDLEY
C. ADOPT RESOLUTION NO. 2025-031 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
D. ADOPT RESOLUTION NO. 2025-037 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE VOLUNTEER FIRE
DEPARTMENT
E. APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE A
SOFTWARE AS A SERVICE AGREEMENT AND RELATED DOCUMENTS WITH CITYBASE, INC. FOR UTILITY PAYMENT KIOSKS AND SUPPORTING PAYMENT
PROCESSING SERVICES
Assistant City Manager Paul Melikian explained this item is the final action to adopt the city budget. Mr.
Melikian explained each item listed in the budget document.
Mayor Tuttle motioned to approve item A with the order that $5,000 from the $80,000 Reedley Chamber of Commerce FY 2025-26 appropriation will be appropriated to Marjaree Mason Center for the Crisis Call Center, Council Member Arriaga seconded to
A. ADOPT RESOLUTION NO. 2025-029 OF THE CITY COUNCIL OF THE CITY OF REEDLEY,
ADOPTING THE FINAL BUDGET OF THE CITY OF REEDLEY FOR THE FISCAL YEAR JULY 1, 2025 TO JUNE 30, 2026, PROVIDING FOR THE APPROPRIATION AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID FINAL BUDGET, PROVIDING FOR
THE TRANSFERS AND ADDITIONAL APPROPRIATIONS AND REPEALING ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, EXCEPT AS PROVIDED FOR BY MINUTE ORDER OF THE CITY COUNCIL ON JUNE 10, 2025 Motion unanimously carried.
Council Member Fast moved, Council Member Friesen seconded to B. ADOPT RESOLUTION NO. 2025-030 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ADOPTING MASTER SALARY TABLES FOR ALL EMPLOYEES OF THE CITY OF
REEDLEY
Motion unanimously carried.
Council Member Friesen moved, Council Member Crutchfield seconded to C. ADOPT RESOLUTION NO. 2025-031 OF THE CITY COUNCIL OF THE CITY OF REEDLEY
ESTABLISHING A SALARY AND BENEFIT SCHEDULE FOR UNREPRESENTED
EMPLOYEES
Motion unanimously carried.
2 REEDLEY CITY COUNCIL MEETING - June 10, 2025
Council Member Crutchfield moved, Council Member Friesen seconded to D. ADOPT RESOLUTION NO. 2025-037 OF THE CITY COUNCIL OF THE CITY OF
REEDLEY ESTABLISHING A REVISED COMPENSATION SCHEDULE FOR THE
VOLUNTEER FIRE DEPARTMENT
Motion unanimously carried.
Council Member Friesen moved, Council Member Fast seconded to E. APPROVE AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE A
SOFTWARE AS A SERVICE AGREEMENT AND RELATED DOCUMENTS WITH CITYBASE, INC. FOR UTILITY PAYMENT KIOSKS AND SUPPORTING PAYMENT
PROCESSING SERVICES
Motion unanimously carried.
6. DISAPPROVE PROPOSED ASSESSMENT INCREASES FROM CONSOLIDATED IRRIGATION DISTRICT
TO BE LEVIED UPON CITY OWNED PARCELS THAT ARE LOCATED WITHIN THE DISTRICT Public Works Director Russ Robertson explained that staff is recommending a no vote on the attached official ballot which would increase the assessment fees for Consolidated Irrigation District. The proposed increase would nearly triple the current assessment fee.
Council Member Fast motioned to approve staff marking no on the approved ballot and DISAPPROVE
PROPOSED ASSESSMENT INCREASES FROM CONSOLIDATED IRRIGATION DISTRICT TO BE LEVIED UPON CITY OWNED PARCELS THAT ARE LOCATED WITHIN THE DISTRICT and Mayor Tuttle seconded to approve the motion.
Motion unanimously carried.
7. ADOPT RESOLUTION NO. 2025-040 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Council Member Friesen stated due to he owns property that is located within 500 feet of the proposed project he would recuse himself from this item.
City Engineer Marilu Morales stated that each year the city is required to update and provide a list of proposed projects to receive funding from the Road Maintenance and Rehabilitation Account also known as SB 1. This list must include the location of the project, proposed schedule of completion and the estimated useful life of the improvement.
Council Member Fast moved, Council Member Crutchfield seconded to ADOPT RESOLUTION NO. 2025-040 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNT ABILITY ACT OF 2017
A YES: Fast, Crutchfield, Arriaga, Tuttle
NOES: None.
ABSTAIN: Friesen.
ABSENT: None.
8A. ADOPT RESOLUTION NO. 2025-038 APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AGREEMENTS AND SIGN THE GRANT DEEDS ON BEHALF OF THE
CITY OF REEDLEY TO ACCEPT STREET RIGHT OF WAY AND/OR TEMPORARY CONSTRUCTION
EASEMENTS FROM FIVE PROPERTY OWNERS RELATED TO THE JEFFERSON ELEMENTARY SAFE
ROUTES TO SCHOOL PROJECT
Council Member Arriaga stated due to he owns property that is located within 500 feet of the proposed project he would like to recuse himself from this item.
City Engineer Marilu Morales stated that the Jefferson Elementary Safe Routes to School Project is scheduled to begin construction in the Spring or Summer of 2026. The project will install sidewalks and curb ramps along Jefferson, Washington, Lincoln, Columbia and Sunset Avenues where ther is currently no sidewalks or curb ramps. There are a 3 REEDLEY CITY COUNCIL MEETING - June 10, 2025
total of ten additional properties that are still being negotiated and staff expects to bring those items to a future council meeting.
Council Member Friesen moved, Council Member Crutchfield seconded to ADOPT RESOLUTION NO. 2025-038
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AGREEMENTS
AND SIGN THE GRANT DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT STREET RIGHT OF
WAY AND/OR TEMPORARY CONSTRUCTION EASEMENTS FROM FIVE PROPERTY OWNERS RELATED
TO THE JEFFERSON ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT A YES: Friesen, Crutchfield, Fast, Tuttle
NOES: None.
ABSTAIN: Arriaga.
ABSENT: None.
COUNCIL REPORTS
8. 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 Senior exercise program
Council Member Fast
• Discussed the Reedley and Immanuel High School Graduations. • Provided an update about Mosquito Abatement
Mayor Tuttle
• Discussed the Clovis Mayor's Breakfast he attended
• Shared about the Council of Governments meeting he attended and provided a brief update • Attended the Memorial Day event
STAFF REPORTS
UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS.
City Manager Nicole Zieba:
• Mentioned about earmark from Senator Padilla
• Provided an update on the State of California budget
• Discussed there are false posts on social media about immigration raids and wanted to set the record straight
• Updated Council about the river
Assistant City Manager Paul Melikian:
• Mentioned city wide phone system transition
• Reminded everyone about the upcoming annual employee luncheon
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 8:32 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
4 DATE: June 24, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D ClosedSession
D Public Hearing
ITEM NO: 4 ------------
TITLE: APPROVAL OF EXPENSE REIMBURSEMENT FOR COUNCILMEMBER FAST SUBMITTED: Paul A. Melikian, Assistant City Manager
APPROVED: Nicole R. Zieba, City Manager
RECOMMENDATION
Request the City Council approve a mileage expense reimbursement request from Councilmember Fast for miles driven for official City business.
EXECUTIVE SUMMARY
A mileage reimbursement was submitted on May 31, 2025, for miles driven for official City business. Upon review, most of the dates fall outside of the 30-calendar day submission requirement as set forth in Section 5 of the Expense Reimbursement and Travel/Conference Policy for Elected and Appointed Legislative Body Officials that was adopted in December 2018. The dates range from January 31, 2025 to May 6, 2025. Out of the 328 miles driven for City business during this period, 270 miles fall outside of the 30-day requirement, representing $189.00 at the 2025 IRS mileage rate of $0.70 per mile.
Section 5 of the policy states: "Officials must submit their expense reports within thirty (30) calendar days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Any expenses submitted after 30 days of being incurred will be required to be approved by a majority of the City Council at a regularly scheduled Council meeting. Expenses not approved by the majority of Council shall be borne by the official who incurred the expense."
FISCAL IMPACT
No new appropriations are needed for this reimbursement as mileage reimbursements for elected officials are included in the annual City budget.
ATTACHMENT
City of Reedley Councilmember Mileage Log dated May 31 , 2025 Employee: MARY FAST
City of Reedley Mileage Log
~ 6J244±, Date:5.31.2025
Date Destination Purpose of Trip
1.31.2025 Tulare City Hall Ali Macedo swearing in ceremony
2.7.2025 Sanger Park Academy/4th St Blossom Trail Opening
3.19.2025 Fresno Co Farm Bureau Upper Kings Water Mng Auth Adv meeting
4.16.2025 Fresno Co Farm Bureau Upper Kings Water Mng Auth Board meeting
4.30.2025 Clovis Veterans Memorial Bldg State Center RC Athlete Scholarship event
5.6.2025 SJ Valley Air Pollution Control Dist, Fresno CAC Advisory Board
TOTAL MILES
Department Head Approva l
Month : Jan-May, 2025
Total Miles
60 28
62 62
58 58
328 . -
DATE:
TITLE:
SUBMITTED:
REVIEWED:
APPROVED:
REEDLEY CITY COUNCIL
June 24, 2025
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ---=--------
APPROVE AND AUTHORIZE CITY MANAGER TO SIGN A LEAGUE
REGISTRATION AGREEMENT WITH RCX SPORTS FOR NATIONAL
FOOTBALL LEAGUE (NFL) FLAG PROGRAM
,---···--·--·- ··-·-~~-"-<..,
Taylor Cardenas, Recreation Coordinator ' -.. ...... ~ .... ~ Sarah Reid, Community Services Dire
Nicole R. Zieba, City Manager
RECOMMENDATION
Approve and authorize City Manager to sign a League Registration Agreement with RCX Sports for National Football League (NFL) Flag program.
EXECUTIVE SUMMARY
The Community Services Department staff recently discovered RCX Sports at the California Parks and Recreation Society (CPRS) professional conference in March. Following a meeting with a representative from RCX Sports, staff decided the NFL Flag program has the opportunity to enhance the department's already existing youth flag football league with the clout of the NFL brand.
Last year, the City's flag football league was offered to ages 3-8 years old. New this year with the NFL Flag program, the ages will expand to 3-12 years old. RCX charges a fee of $30 per player, this includes an NFL Flag jersey and flag belt. For every 5 players that register RCX Sports will provide one NFL Flag football, sizes will vary depending how many players are in each age group. RCX Sports will also provide practice plans for each coach customized for each age group.
FISCAL IMPACT
Appropriations are already assumed in the youth sports special supplies.
ATTACHMENTS
League Registration Agreement with RCX Sports for National Football League (NFL) Flag
LEAGUE REGISTRATION AGREEMENT
WHEREAS, RCX Sports LLC ("RCX") has the right to operate and manage the youth flag football program known as "NFL FLAG Football" (the "Program").
WHEREAS, League (as defined below) desires to obtain certain rights with respect to the Program, on the terms and subject to the conditions set forth herein.
By checking the box next to "Agree to terms and conditions of League Registration Agreement," and as consideration for the license granted to League in accordance with Section 2 below, League hereby agrees to (i) timely pay the charges set forth in any payment form or invoice (whether in hard copy, electronic or other format) for the purchase of merchandise and equipment, including uniforms, flags, belts, balls and other items related to League's participation in the Program (as defined below) (the "Payment Form"), (ii) comply with the other terms and conditions set forth in the Payment Form, and (iii) comply with all of the terms and conditions that are set forth below or otherwise referenced herein or in any section of NFLFLAG.com (all such terms and conditions, together with the Payment Form, this "Agreement").
League. The "League" shall be the person or legal entity that is on record in RCX's database as the registered league organizer. If registered in the name of a legal entity, a contact person must be identified for the limited purpose of correspondence and contact. RCX's acceptance of payment for equipment, merchandise or other benefits or privileges related to League's participation in the Program (collectively, "Program Privileges") from any person or entity other than the League does not grant any rights to equipment, merchandise, FLAG Marks or other Program Privileges, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to such person or entity.
1. License of FLAG Marks.
(a) Grant of License. Subject to the terms of this Agreement, RCX hereby grants to League, and League hereby accepts, the limited, non-exclusive, non-transferable, non-sublicensable, non-franchiseable, license and right to use the FLAG Marks (as defined below) solely for the Permitted Uses (as defined below) during the Term (as defined below) in the Territory and the Outer Market Territory (each as defined below), in each case, in compliance with the Style Guide (as defined below); provided that use of the FLAG Marks in the Outer Market Territory shall be limited to such Permitted Uses that are impossible or impractical to limit to the Territory, such as television, radio, newspaper, and magazine advertisements. Any other use of FLAG Marks by League shall be subject to the prior written approval of RCX and NFL Properties LLC ("NFLP") in each instance. The parties acknowledge and agree that the rights granted hereunder (including the use of any FLAG Marks) shall be limited to the Territory and the Outer Market Territory (each as defined below) with the sole exception of the use of the Internet to promote the Program in the Territory, which is inherently worldwide. For the avoidance of doubt, League shall not be permitted to use the FLAG Marks in any Permitted Uses that are directly targeted to or physically located in the Outer Market Territory, such as placing yard signs, displaying flyers or banners in schools, community centers, or other locations, or displaying billboards in the Outer Market Territory or engage in targeted social media posts or advertisements directed at the Outer Market Territory.
LEAGUE REGISTRATION AGREEMENT
"FLAG Marks" means the words "NFL FLAG" and the NFL FLAG logo. For the avoidance of doubt, although the National Football League (the "NFL") shield logo is incorporated into the NFL FLAG logo, the NFL shield logo in isolation shall not be deemed a FLAG Mark and League shall have no right to use the NFL shield logo in isolation. "Permitted Uses" means only the following uses: (i) on League's website, and (ii) on League marketing and promotional materials, including flyers and emails, in which no other third party items are present (i.e. no sponsor logos, other than RCX's logo, are permitted on the same marketing piece that contains FLAG Marks). "Style Guide" means any written style guide provided by NFLP or RCX from time to time that sets forth certain styles, formats, characterization and artwork depicting the FLAG Marks (a copy of the Style Guide, a copy of which is accessible at NFLFLAG.com and is incorporated herein by reference). "Outer Market Territory" means the Designated Market Area (as defined by the A.C. Nielsen Company) in which the Territory is located, subject to adjustment by RCX in accordance with RCX Rules. "Territory" means the geographical area set forth on Exhibit A. (b) League's Use of the FLAG Marks. League represents, warrants and agrees that its use of the FLAG Marks shall not be derogatory to, critical of, or otherwise reflect unfavorably on any Releasee (as defined below). League shall: (a) observe such requirements with respect to notice, use and other reasonable requirements as RCX or any of the NFL Releasees (as defined below) may require from time to time, including the requirements set forth in the Style Guide; (b) not misuse any FLAG Marks, bring them into disrepute or otherwise use any FLAG Marks in any manner that is inconsistent with the specific terms of this Agreement; (c) not use the FLAG Marks to perform any activity or to incur any obligation or indebtedness in such a manner as may subject any Releasee to liability; and (d) not register or apply to register any domain or social media accounts containing the FLAG Marks or any mark confusingly similar thereto without the written permission of RCX. RCX shall have the right, but not the obligation, to approve any use of the FLAG Marks before the League uses such FLAG Marks. RCX shall have the right, in its sole and absolute discretion, to withdraw its approval with respect to any use of the FLAG Marks if such use (i) ceases to be acceptable to RCX or NFLP, (ii) upon the happening of an event which might compromise or reflect unfavorably upon the good name, goodwill, reputation or image of any Releasee, or which might jeopardize or limit any Releasee's proprietary or other right, title or interest in or to any FLAG Mark or (iii) if required by NFLP or the NFL. If at any time RCX withdraws its approval of a use as provided in the immediately preceding sentence, League shall immediately cease all such uses of the FLAG Marks and such use shall no longer be considered a Permitted Use hereunder. League shall be responsible for all costs incurred in connection with (x) any use by League of the FLAG Marks and (y) ceasing any such use.
(c) NFL/RCX Ownership. League acknowledges and agrees that RCX and NFLP exclusively own or are the exclusive licensee of the FLAG Marks and all copyrights, trademarks and service marks and other intellectual property rights in and to them. League further acknowledges and agrees that RCX or NFLP (as applicable) shall own worldwide in perpetuity all tangible and intangible rights (including all intellectual property rights) in and to the following materials (collectively, "Proprietary Materials"): (i) all artwork, art, images or photographs (A) produced or created under this Agreement or in connection with League's affiliation with the Program, or otherwise controlled by any Releasee, and (B) bearing any FLAG Marks or incorporating graphic depictions of the FLAG Marks, as well as duplicates and copies thereof ("Artwork"); (ii) all promotional materials depicting any FLAG Marks; (iii) all secondary marks or football-related promotional concepts developed for use and used in connection with any FLAG Marks
I LEAGUE REGISTRATION AGREEMENT
("Secondary Marks"); (iv) all derivative work (as defined in the U.S. Copyright Act, 17 U.S.C. § 105) of the FLAG Marks, Secondary Marks, promotional materials depicting any FLAG Marks or Artwork; (v) all materials that are created through combining other material described in clauses (i) through (iv) and (vi) of this Section 1(c); and (vi) any new content created by League that: (A) makes any use of the FLAG Marks or other branding owned or controlled by any Releasee, or (B) is confusingly similar to, or otherwise infringes upon, the FLAG Marks or any other name, brand or mark owned or controlled by any Releasee. League's use of the FLAG Marks pursuant to the license granted herein is for RCX and NFLP's benefit and will inure to RCX and NFLP, and League shall not acquire any rights in any of them by such use. For the avoidance of doubt, (1) RCX or the NFL Releasees (as applicable) shall continue to own worldwide in perpetuity all tangible and intangible rights (including all intellectual property rights) to the FLAG Marks and Proprietary Materials following termination or expiration of this Agreement; and (2) League shall have no rights to use the FLAG Marks and Proprietary Materials following termination or expiration of this Agreement.
(d) No Alterations or Modifications of FLAG Marks. League shall not create or use new versions, adaptations or variations of any FLAG Marks either by alteration or by combining the FLAG Marks with other marks, words, or designs.
(e) No Challenges. League agrees that the FLAG Marks are valid and fully subsisting, and that League shall not (i) directly or indirectly, infringe the FLAG Marks or Proprietary Materials, (ii) contest or aid in contesting the validity or ownership and rights of RCX or the NFL Releasees to the FLAG Marks or Proprietary Materials or take any other action in derogation of RCX's or the NFL Releasees' rights in and to the FLAG Marks or Proprietary Materials, (iii) attack the validity of this Agreement or the license granted herein or (iv) apply for or seek to obtain trademark, copyright, or any other proprietary right or other protection or restriction in and to the FLAG Marks. (f) Domains and Social Media Accounts. League may not register or apply to register any domain or social media account containing or including the FLAG Marks or any mark confusingly similar thereto without the written permission of RCX. Should RCX consent to the registration any domain including the Flag Marks, such domain shall be registered in the name of RCX. League and RCX shall cause a senior executive officer of League to remain the technical contact with respect to the domain name registrar for the domain. Upon registration of any domain or social media account or upon the request of RCX, League shall provide to RCX the password and contact information with respect to the domain and social media accounts. League shall immediately notify RCX in writing upon any change to the password or contact information for any domain or social media account permitted to be registered under this Section. All such domains and social media accounts permitted to be registered under this Section shall be considered part of the FLAG Marks and shall be subject to all other terms of this Agreement applicable to such FLAG Marks, including, without limitation NFLP's exclusive ownership thereof. Without limiting RCX's other rights or remedies, RCX may disable League's access to any domain or social media account permitted to be registered under this Section for any or no reason and without notice to League. (g) Unauthorized Use of the FLAG Marks. League agrees to promptly notify RCX of any unauthorized use of the FLAG Marks of which League has knowledge. RCX or NFLP shall have sole discretion to bring proceedings alleging infringement of the FLAG Marks or unfair competition relating thereto. League agrees to provide RCX or NFLP reasonable cooperation and assistance with respect to any such infringement proceedings. (h) No Use of Other Marks. League understands that League shall have no right to use any of the NFL Marks (as defined below) or any of the RCX Marks (as defined below), other than the FLAG Marks as expressly permitted
LEAGUE REGISTRATION AGREEMENT
herein, for any purpose whatsoever without the prior written approval of the Releasees in each instance (such approval to be granted or withheld in the Releasees' sole discretion after a formal logo request process has been initiated by League). For the purposes of this Agreement, "NFL Marks" means the names, symbols, emblems, designs, and colors of the NFL and its member clubs, including the terms "National Football League", "NFL", "National Football Conference", "American Football Conference", "NFC", "AFC", "Super Bowl", "Pro Bowl", the NFL shield design and the NFL Punt, Pass and Kick trademarks, as well as the full team names, nicknames, helmet designs, uniform designs, logos and slogans of the NFL's member clubs, and any other indicia adopted for commercial purposes by the NFL or any of its member clubs. For the purposes of this Agreement, "RCX Marks" means the names, logos, symbols, emblems, and designs of RCX and its affiliates and any indicia adopted for commercial purposes by RCX or any of its affiliates. League acknowledges and agrees that all right, title and interest in and to the NFL Marks and RCX Marks belong to the NFL and RCX, respectively. League agrees that the NFL Marks and RCX Marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Notwithstanding anything to the contrary herein, League recognizes that irreparable injury would be caused by the unauthorized use of any of the NFL Marks or RCX Marks, and agrees that injunctive and other equitable relief from a court of competent jurisdiction would be appropriate in the event of such unauthorized use, and that such remedy would not be exclusive of other legal remedies. League recognizes that the great value and goodwill associated with the NFL Marks and RCX Marks belongs to the NFL and RCX respectively and that such marks have secondary meaning. (i) Territory.
(i). In consideration for the rights granted in the Territory, League shall use its best efforts to actively promote the Program in the Territory. League shall host all practices and all "home" games and official League events in the Territory and shall not be permitted to host League practices, "home" games or other official League events outside the Territory (including in the Outer Market Territory). (ii). League does not acquire any rights to the Program or FLAG Marks to any location or territory, other than the Territory and the Outer Market Territory, subject to the limitations set forth in this Agreement. League expressly acknowledges and agrees that this license for the Marks is nonexclusive and that RCX has and retains the right to own, acquire, establish and operate, and license others to establish and operate, Program leagues substantially similar to the League, whether under the FLAG Marks or other trademarks in the Territory and the Outer Market Territory.
2. Works and Rights.
(a) Works. League acknowledges and agrees that, as between the parties, RCX exclusively and in perpetuity owns and controls any and all rights to video tape, broadcast, telecast, display, publish, reproduce, film, exhibit, distribute, photograph, exploit, record, print or otherwise make use of, and any and all rights to authorize others to do so, whether on behalf of RCX or for their own account, any film, audio, depiction, audio visual, video, material, recording, document, image, record, statistic, data (of any kind, including biometric data), photo, sound or any other type of information or experience or content that is capable of being captured or recorded by any means arising from, related to or during any Program activity or event, any service performed by League pursuant to the terms herein or otherwise related to the Program, RCX or any of RCX's activities or business (collectively, the "Works") in any manner whatsoever, alone or in composite or conjunction with other materials, in any and all media, whether now known or hereafter devised (collectively, "Media"), in or by any manner, method or device (whether now known
LEAGUE REGISTRATION AGREEMENT
or hereafter devised), and all other rights, privileges, benefits, matters and things incident to or arising out of all or any of the foregoing, including for any and all commercial and non-commercial purposes, including for purposes of advertising and promoting RCX or the Program.
(b) Name, Image, Likeness, Etc. League hereby grants, for itself on behalf of its players, coaches, parents and other participants (collectively, "Participants"), to RCX and the other RCX Releasees (as defined below) the exclusive, perpetual, royalty-free, irrevocable, fully-paid up, worldwide right and license to use, exhibit, edit, disseminate, display, reproduce, print, publish, publicly perform and make any other uses of League's or its Participants' image, name, sobriquet, marks, logos, voice, movements, gestures, actions, persona, signature, likeness, uniform, biomaterial, biographical mat~rial and other indicia and attributes of League and its Participants, in any manner whatsoever, alone or in composite and/or conjunction with any other materials, on, via or through any and all Media, in connection with, related to or for any purpose of: (i) any of the rights to the Works described in Section 2(a); (ii) any advertising, promotion, publicity, operation or exploitation of Releasors (as defined below), Releasees or the Program and (iii) on www.NFLFLAG.com (the "Website") in connection with any postings of team rosters, stories or otherwise.
(c) Rights. The rights described in the foregoing Sections 3(a) and 3(b) are collectively referred to herein as the "Rights". League acknowledges and agrees that (i) the Rights granted to RCX shall expressly survive any termination or expiration of this Agreement and (ii) that RCX has the exclusive and unrestricted right in perpetuity, exercisable in its sole and absolute discretion, to: (x) sell, assign, exploit, lease, license, sublease, use or otherwise dispose of any and all of the Rights and the results of the exercise thereof, and to authorize, license and grant the right to exercise any of the Rights and to retain the proceeds therefrom, (y) do all things necessary for the full and complete use, exploitation and exercise of the Rights, including the right to promote and exploit all Rights granted hereunder, and the right to negotiate, enter into and perform any and all agreements relating to the Rights, and (z) receive and retain all subscription revenues, advertising revenues, merchandise and e-commerce revenues, sponsorship revenues, and all other revenues of all kinds whatsoever (regardless of source) related to RCX, the Rights, the Program, or any services performed by League or its Participants pursuant to the terms herein (and, for clarity, League shall have no such right).
3. League Operational Obligations.
(a) Player Registration Agreement. League agrees that (i) each of its player participants (and each such participant's parent or legal guardian, as applicable) shall execute and deliver to RCX a Player Registration Agreement (in the form provided by RCX) and League shall not allow any person that has not executed and delivered a Player Registration Agreement to participate in any Program or League activities or events and (ii) League shall obtain (through a written waiver) from each of its Participants (and each Participants' parents, as applicable) any right not covered by the Player Registration Agreement as necessary for either party to perform its obligations or exercise the rights granted to it hereunder.
(b) Background Checks. League shall engage a reputable company with experience in youth sports to conduct background checks on all coaches and other on-field representatives of League and League shall not permit any such person to engage in any Program events or activities until League receives the results of such background check and confirms there are no issues. League shall have all reasonability for conducting, reviewing and addressing any issues in such background checks and obtaining any necessary authorization to conduct such
LEAGUE REGISTRATION AGREEMENT
background checks. League agrees that RCX shall also have the right (but not the obligation) to perform background checks on League and its Participants.
(c) Compliance with Law; Safe Sport. League agrees that, at all times, League and its affiliates shall be (and shall conduct its business) in full compliance with all applicable federal, state and local laws, regulations, and ordinances, including the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and the Children's Online Privacy Protection Act of 1998. League agrees that it shall at all times (i) foster a culture of respect and a positive and safe environment for all of its participants and athletes, (ii) provide its teams, coaches and any other personnel with best-in-class support, training and resources to promote respect, prevent abuse and encourage safe play and (iii) protect its participants and athletes from abuse, violence or any other misconduct with respect to all of League's operations and services (which shall include background checks on all coaches or other on-field representatives in accordance with Section 3(b)). League agrees that it shall dedicate best-in-class resources and monitoring to ensure compliance with this Section 3(c). (d) Scope of League Offerings. In the event that League offers only one program for a certain age group, such program must be co-educational in nature (i.e., girls and boys are permitted to play together on the same team). (e) Ownership. League has disclosed in writing to RCX all direct and indirect beneficial owners of the League who own more than ten (10) percent of the equity, voting, ownership, or other economic interest in the League (each a "Major Owner"). For purposes of this Agreement, a "Change of Control" means (in each case, whether directly or indirectly and whether in a single transaction, a series of related transactions or as part of an overall plan) (i) the direct or indirect transfer, conveyance, or acquisition by any person of 10% or more of the League's direct or indirect beneficial ownership of, or voting control (whether by contract, arrangement, relationship, or otherwise) or 10% or more of the capital stock or other equity interests of the League; (ii) the sale, exchange, or transfer of all or substantially all of the League's assets; or (iii) the closing of a merger, consolidation, liquidation or reorganizational of the League into or with another company or other legal person. (f) Compliance Certificate. League shall provide RCX in writing with an executed copy of the annual certificate in the form provided by RCX and attached hereto as Schedule 1, (y) certifying that League and its affiliates are in compliance with Sections 3(a), 3(b), 3(c),3(d), 3(e), 4(a), and 4(b) and (z) setting forth a list of all Major Owners and their relative ownership interest, each year during the Term. (g) League Highlights/Clips. League shall be required to provide video clips/highlights of League games and other activities in a form mutually agreed upon by the parties to RCX upon the reasonable request of RCX or upon a mutually agreed periodic schedule.
(h) Program Merchandise and Equipment. League hereby acknowledges and agrees that RCX shall have the exclusive right to supply League's (including the teams in the League) on-field, game-day uniforms. League shall require that every League player wear exclusively such Program official uniforms whenever on-field and participating in games. RCX may offer for sale other items of Program equipment and merchandise including flag belts, balls, shorts, and other items. In order to protect the goodwill of the Program, League shall be prohibited from purchasing Program equipment from other leagues in the Program and re-selling any Program equipment or merchandise purchased from RCX (including to other leagues in the Program), without RCX's prior written consent. (i) NFL FLAG Championships. League shall have the option to send its League champion in each age group (or a runner-up in the event the League champion is unable to attend) to the NFL FLAG Championship tournament.
LEAGUE REGISTRATION AGREEMENT
(j) Exclusivity. Throughout the Term, RCX and the Program shall be the exclusive flag football partner with the League, which shall preclude the League from partnering, promoting, endorsing, or otherwise associating with any other flag football organizations which may be competitive with RCX or the Program, as determined by RCX in its reasonable discretion.
(k) Sponsorship Restrictions. League acknowledges and understands that certain sponsors of the Releasees have exclusive category rights ("Category Exclusivity") and such rights may preclude League from engaging with certain companies in any way, including with respect to all signage, displays, on-field gear, jerseys (recreational or competitive), apparel, equipment and any other advertising inventory due to League's relationship with the Releasees. League shall not engage in any way with a third party that potentially conflicts with any Category Exclusivity. Potential conflicts with any Category Exclusivity shall be determined by RCX in its sole discretion. (I) RCX Rules. This Agreement and all rights granted hereunder are subject and subordinate to and limited by all applicable RCX Rules (as defined below). In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the provisions of any RCX Rule, such RCX Rule shall govern. League shall comply with all applicable RCX Rules and shall not enter into any agreements in conflict with such applicable RCX Rules. "RCX Rules" shall mean collectively, (i) the "Program Rulebook" adopted by RCX, available at the following link:
PROGRAM RULE BOOK, (ii) the NFL FLAG Collaboration and Licensing Agreement, dated September 30, 2019, between NFLP and RCX, (iv) each of the rules, regulations, memoranda, resolutions, policies, procedures, guidelines, interpretations and directives of RCX related to the Program, and (v) any other agreements and arrangements to which RCX is (or after the date hereof may become) subject or by which RCX or its assets are (or after the date hereof may become) bound, in each case, as they may be adopted, amended or modified from time to time. (m) Standards. As the operator of the Program, RCX shall have the right to establish "Standards" for various aspects of the Program, that include the quality and professionalism of League staff and coaches, the efficiency and performance of League systems and processes, League performance in terms of player participation, operational and financial efficiency, parent and participant feedback, compliance with the terms of this Agreement, including limiting League activities to the Territory and collection and retention of Player Registration Agreements, compliance with RCX Rules, and general standing and reputation in the League's local community.
4. Insurance.
(a) League shall at all times carry, from insurance companies licensed to do business in the states in which the League operates and with a minimum rating of "A-" or better (as determined by A.M. Best Company): (i) commercial general liability insurance with a minimum combined bodily injury and property damage limit of at least one million dollars ($1,000,000) per occurrence and in the annual policy aggregate, and (ii) all-risk property insurance covering League-owned or rented property on a replacement cost basis. Such insurance policies shall (x) name the Releasees as additional insured, (y) be designated as primary and (z) provide that they may not be cancelled or materially changed without at least thirty (30) days prior written notice to RCX. League shall provide RCX with written notice of any decrease in the dollar amount of such policies. General conditions applying to all insurance coverage in this Section 4(a) are that (1) no policy shall contain a self-insured retention, (2) satisfaction of any and all deductibles shall be the sole responsibility of League, and (3) the coverage must include a waiver of subrogation in favor of the Releasees. All subcontractors of League shall be included as insured under League's insurance policies or shall obtain separate insurance and provide certificates evidencing the same.
LEAGUE REGISTRATION AGREEMENT
(b) Contemporaneously with the execution of this Agreement, League shall furnish to RCX certificates of insurance evidencing compliance with this Section 4(b) and, for the avoidance of doubt, this Agreement shall not be effective until such certificates have been received by RCX. RCX may, in its sole discretion, offer League the opportunity to purchase insurance through RCX's insurance provider. For more information, please visit [https://nflflag.com/league-insurance].
5. League Representations and Warranties. League represents and warrants to RCX that (i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action on the part of League, (iii) this Agreement has been duly executed and delivered on behalf of League and is the valid and binding obligation of League enforceable against League in accordance with its terms, (iv) no litigation, claim or action is pending or, to League's knowledge, threatened that could reasonably be expected to adversely affect League's ability to fully perform its obligations hereunder, and (v) entering into and performance by League of this Agreement will not breach or violate the organizational documents of League or any provision of any indenture, mortgage, lien, lease, agreement, order, judgment, or decree to which League is a party or by which its assets or properties are bound.
6. Term; Annual Review.
(a) Initial Term. The term of this Agreement will commence effective as of the date of this Agreement, and will expire on January 31 of the following year, unless earlier terminated or extended pursuant to this Agreement (the "Initial Term"). A "Contract Year" means, for the first year of this Agreement, from the effective date of this agreement through January 31 of the following calendar year. For all years thereafter, Contract Year means the period from February 1 through January 31 of the following calendar year. (b) Renewal Term. Upon expiration of the Initial Term or a Renewal Term, the parties may mutually agree to renew this Agreement for an additional term of one (1) Contract Year (each a "Renewal Term", and together with the Initial term, the "Term"), provided that League satisfactory passes its Annual Review (in RCX's sole and absolute discretion) pursuant to Section 6(c).
(c) Annual Review.
(i). On or prior to December 31 of each Contract Year, the League shall provide RCX with the annual certificate as required under Section 3(f) of this Agreement. (ii). After November 1 of each Contract Year, RCX will conduct a review of the League to determine whether the League has maintained the Standards and otherwise sustained compliance with the terms and conditions of this Agreement and RCX Rules over the applicable Initial Term or the Renewal Term (the "Annual Review"). RCX retains the sole discretion as to whether League has satisfied the Standards. As part of the Annual Review, RCX is permitted to revise or amend the Territory for any future Renewal Term (but not for the then-current Initial Term or Renewal Term).
7. Termination; Effect of Termination.
(a) Without limiting any other rights or remedies RCX may have under this Agreement or otherwise, RCX may terminate this Agreement by giving written notice to League at any t ime after any of t he following shall occur (or, automatically in the case of Section 7(a)(vi)):
LEAGUE REGISTRATION AGREEMENT
(i). League becomes involved in a business or industry, or undertakes any activity for which the RCX Rules prohibit RCX from having a relationship with League;
(ii). League is subject to a Change of Control, without RCX's prior written consent (to be granted or withheld in RC's sole and absolute discretion);
(iii). any Releasor commits (or is accused of committing) any act or becomes involved in any situation or occurrence which (A) may reasonably be considered to be immoral, deceptive, scandalous or obscene, (B) brings any Releasee into public disrepute, contempt, scandal, or ridicule or (C) shocks, insults, offends or reflects unfavorably upon RCX or any Releasee or otherwise would have an adverse impact on the name, image, reputation, goodwill, proprietary rights, or any other legitimate business rights of RCX or any other Releasee; (iv). either party's performance of its obligations hereunder would cause either party to be in violation of RCX Rules or any rule or policy of any NFL Releasee;
(v). League breaches, in any material respect, any of its obligations under this Agreement; or (vi). League has a receiver or similar party appointed for its property, ceases to do business, makes an assignment for the benefit of its creditors, or files a petition in bankruptcy. In the event this Agreement is terminated pursuant to this Section 7(a)(vi), in addition to the provisions in Section (b)7(b), neither League nor its receivers, representatives, trustees, agents, administrators, successors or assigns shall have any right to sell, exploit or otherwise use the FLAG Marks without the prior written consent of RCX and NFLP. (b) Termination of this Agreement by RCX as provided herein shall be without prejudice to any other rights or remedies which RCX may have under this Agreement, at law, in equity or otherwise. In the event this Agreement is terminated, (i) all rights granted to League hereunder shall immediately revert to RCX and NFLP (as applicable), (ii) League shall immediately and permanently cease all use of the FLAG Marks and (iii) League shall not be entitled to any refund or any other consideration, regardless of whether termination occurs prior to, during or after any League or Program season.
8. Data Sharing and Privacy.
(a) Definitions. For purposes of this Section, the following terms shall be defined as follow:
(i). "Applicable Privacy and Data Security Laws" means all data privacy, data security and data protection, advertising and marketing laws, rules, and regulations of any applicable jurisdiction (including the U.S. and each state of the U.S.).
(ii). "Data" means all (i) data, to the extent collected by or on behalf of the League from individuals (including, without limitation, Participants) in connection with such individuals' interactions with the League and the Program; (ii) the list of leagues and teams participating in the League and Program; (iii) all results, statistics and outcomes of the games and other events occurring in the Program; and (iv) any other information necessary for RCX or NFLP to exercise its rights or perform its obligations under this Agreement. Data shall not include shall include (i) any credit or debit card account numbers or any other payment card data or related information; or (ii) any protected health information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996. (b) League shall use commercially reasonable efforts to obtain from Participants and their parents or guardians, to the extent permitted by Applicable Privacy and Data Security Laws, the right of RCX to (i) collect, use,
LEAGUE REGISTRATION AGREEMENT
and disclose Data relating to such Participants to the NFLP and its affiliates and (ii) permit the NFLP and its affiliates to collect, use and disclose such Data in accordance with the terms of this Section 8 (e.g., by using commercially reasonable efforts to include an appropriate provision in its privacy policies and/or any Participant agreements (collectively with the "Governing Data Policies and Agreements") providing that each Participant agrees that its Data may be used by each of RCX and NFLP and their affiliates in accordance with the terms of this Section 8) without any additional permissions or authorizations required from any such Participant (subject to Applicable Privacy and Data Security Laws and such Participant's preferences (e.g., opt-outs and unsubscribes)).
Notwithstanding anything to the contrary in this Agreement, RCX shall comply with the provisions of this Agreement that relate to Data that RCX is required to comply with (including the scope of rights with respect thereto that League obtains from the applicable Participant and all limitations and restrictions on the exploitation thereof) and its own Governing Data Policies and Agreements, including, without limitation, its Privacy Policy accessible at https:/ / nflflag.com/ policy.
(c) Use & Advertising Restrictions. Each party's collection, use, and disclosure of Data shall comply with all Applicable Privacy and Data Security Laws and Governing Data Policies and Agreements and, with respect to the use of Data for marketing or promotional purposes, each party shall, to the extent commercially reasonable, also comply with applicable self-regulatory frameworks and industry standards that are relevant thereto. (d) Privacy Policies; Consents. League shall develop, implement and maintain Governing Data Policies and Agreements consistent with Applicable Privacy and Data Security Laws and League's obligations under this Agreement and League will use commercially reasonable efforts to structure such Governing Data Policies and Agreements to allow League to provide Data to RCX in accordance with this Section 8 in a manner that permits the RCX to use such Data for marketing purposes consistent with the terms of this Agreement. Without limiting the generality of the foregoing, League shall maintain reasonable administrative, technical and physical safeguards to protect such Data from unauthorized access, use or disclosure. (e) Process for Data Sharing. On a quarterly basis or as otherwise requested by RCX, League ·shall provide or direct its agents to provide RCX with all available Data (solely to the extent League has obtained all consents or rights from the applicable Participants necessary to do so) in a form mutually agreed upon by the parties. By providing any Data to RCX, League represents, warrants, covenants and agrees that it has obtained written consent from each Participant and their parents or guardians to collect, use and disclose such Data with RCX. Upon the reasonable request of RCX, League shall furnish such written consents to RCX. (f) Data Sharing Restriction. Notwithstanding League's obligations in Section S(e), League shall not provide any of the following data to RCX: (i) credit or debit card account numbers or other payment card data and related information; (ii) personal information known or reasonably suspected by League to have been collected online from children under the age of 13 in violation of the Children's Online Privacy Protection Act; (iii) PHI; (iv) data from Participants from which League has not received written consent from such Participants and their parents or guardians to share with RCX.
9. Release of Liability.
(a) League, on its own behalf, and on behalf of the other Releasors (as defined below), hereby (i) releases and forever discharges each of the Releasees (as defined below) from all Released Claims (as defined below) and (ii)
LEAGUE REGISTRATION AGREEMENT
agrees not to sue or bring any proceeding against any Releasee for any Released Claims, whether presently known or unknown and whether or not caused by the negligence of any of the Releasees. (b) As used in this Agreement, (i) the term "Releasors" means each of League, its past, present and future affiliates, each of its Participants, and the past, present and future heirs, executors, administrators, trustees, beneficiaries, legal representatives, agents, attorneys, servants, insurers, employees, directors, officers, partners, principals, shareholders, members, managers, investors, predecessors, successors and assigns of any such person or entity, (ii) the term "NFL Releasees" means NFLP, the NFL, and each of their respective past, present and future affiliates and each of their respective predecessors, successors and assigns and each of their respective past, present and future, direct or indirect, owners, partners, principals, managers, members, shareholders, directors, officers, agents, trustees, employees, governors, attorneys and other representatives, (iii) the term "RCX Releasees" means RCX, and its past, present and future affiliates and each of their respective predecessors, successors and assigns and each of their respective past, present and future, direct or indirect, owners, partners, principals, managers, members, shareholders, directors, officers, agents, trustees, employees, governors, attorneys and other representatives, (iv) the term "Releasees" means the NFL Releasees and the RCX Releasees, collectively, and (v) the term "Released Claims" means any actions, causes of action, suits, debts, losses, costs, controversies, damages, judgments, claims, liens, agreements, contracts and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, arising out of, attributable to, in connection with, or in any way relating to, this Agreement, or League's or any of its Participant's participation in the Program (including actions for property damage, personal injury or wrongful death).
League hereby expressly waives all rights under Section 1542 of the California Civil Code, and under any and all similar laws of any jurisdiction. League is aware that said Section 1542 of the California Civil Code provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." (c) League expressly acknowledges, for itself and on behalf of each of the other Releasors, that (i) the foregoing waiver of the provisions of Section 1542 of the California Civil Code is a material term and condition of this Agreement, (ii) this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown and unsuspected Released Claims, if any, to the same effect as those terms and provisions relating to any other Released Claims hereinabove described, and (iii) that each is fully aware that they might hereafter discover facts or other information in addition to or different from those which they now know or believe to be true, with respect to the subject matter of the Released Claims. Nevertheless, the Releasors intend to hereby fully, finally, and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, which might now exist or heretofore might exist in connection with the Released Claims. The releases given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts or information.
10. Indemnification.
LEAGUE REGISTRATION AGREEMENT
(a) League shall at all times indemnify, defend and hold harmless each of the Releasees from and against any and all actions, causes of action, suits, debts, obligations, losses, damages, amounts paid in settlement, liabilities, costs and expenses whatsoever, including reasonable attorneys' fees (collectively, "Losses"), whether arising out of a claim involving a third party or between the parties, resulting to, imposed upon, asserted against or incurred by any of the Releasees in connection with, arising out of or relating to (i) any breach of any representation, warranty, term, condition or covenant of this Agreement by any Releasor, (ii) the League's and its Participants participation in the Program (including in connection with any medical treatment offered or given to League's participants), (iii) the League's use of the Website, (iv) any infringing or unauthorized use, or allegation of such use, of the FLAG Marks, NFL Marks or RCX Marks by any Releasor, (v) the ownership and operation of the League and its football or other programs, including the acts or omissions of any Participant, employee, coach, volunteer or other person associated therewith, (vi) any negligent act or omission or the willful misconduct, of any Releasor or (vii) any use, collection, disclosure, disposal, administration, transfer, processing, storage, licensing, transmission or other exploitation of any Data, whether by any Releasor, a third party vendor or any other person or entity. (b) The applicable Releasee shall have the right to control and direct the investigation, defense, and settlement of any third-party claim, action, or proceeding for which such Releasee is entitled to indemnification pursuant to Section 9(a) (each, a "Third-Party Claim"), at League's expense. League will, if requested by the applicable Releasee, provide reasonable assistance to the applicable Releasee, at League's sole expense, in defense of any such Third- Party Claim.
11. Limitation of Liability.
WITHOUT LIMITING SECTIONS 8, 9 AND 10, THE RELEASEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE
FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR INDIRECT DAMAGES FROM (I) ANY
CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATED TO THE
TRANSACTIONS OR RELATIONSHIPS CONTEMPLATED BY THIS AGREEMENT (INCLUDING LEAGUE'S AND ITS
PARTICIPANTS PARTICIPATION IN THE PROGRAM) OR ANY OTHER TRANSACTION, RELATIONSHIP, ACT, OMISSION
OR EVENT ARISING OR OCCURRING IN CONNECTION THEREWITH (INCLUDING ANY BODILY AND PERSONAL
INJURIES, DEATH, DISABILITY OR DAMAGE TO PERSONAL PROPERTY (AND THE CONSEQUENCES THEREOF)
RESULTING FROM THE LEAGUE'S AND ITS PARTICIPANTS' PARTICIPATION IN THE PROGRAM OR THE COST OF
PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM) AND (II) THE USE OR THE
INABILITY TO USE THE WEBSITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTER
INTO THROUGH THE WEBSITE, OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES.
LEAGUE EXPRESSLY AGREES THAT PARTICIPATION IN THE PROGRAM AND USE OF THE WEBSITE IS AT THE LEAGUE'S SOLE RISK. THE PROGRAM AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
The RCX Releasees make no warranty that the Website's services will be uninterrupted, secure or error free. The RCX Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. The RCX Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. League understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Website is at League's own discretion and risk and that League will be
LEAGUE REGISTRATION AGREEMENT
solely responsible for any damage to League's computer system or loss of data that results from the download of such material and/or data.
12. Miscellaneous.
(a) Governing Law; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be performed entirely in the State of New York, without regard to principles of conflicts of law or choice of law of any jurisdiction that would cause the application of the law of another jurisdiction. In the event of any dispute arising out of this Agreement or the termination of this Agreement, League consents to the exclusive jurisdiction and venue in the state or federal courts in the Borough of Manhattan, in New York, New York and agrees that any such action must be brought in state or federal courts in in the Borough of Manhattan, in New York, New York.
(b) Equitable Relief. League acknowledges that the rights granted by RCX under this Agreement possess a special, unique and extraordinary character that makes difficult the assessment of monetary damage that would be sustained by RCX as a result of any actual or threatened breach by League of any of the provisions of this Agreement. Accordingly, in the event of any such actual or threatened breach by League of any of the provisions of this Agreement, RCX, in addition to such other contractual, legal and equitable rights and remedies that may be available to RCX, shall have the right to take such steps as are necessary to prevent any such actual or threatened breach, including petitioning a court of competent jurisdiction for a temporary restraining order, a preliminary or permanent injunction or a decree for specific performance, in each case without being required to prove actual damages or furnish a bond or other security. The rights of RCX under this Section 11(b) shall survive the termination or expiration of this Agreement.
(c) WAIVER OF TRIAL BY JURY. TO THE EXTENT PERMITTED BY LAW, LEAGUE IRREVOCABLY WAIVES ALL
RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, OR ANY MATTER ARISING HEREUNDER OR THEREUNDER.
(d) Cumulative Remedies; Waiver. Except as otherwise and specifically contemplated by this Agreement, all rights and remedies of RCX shall be cumulative and none shall exclude any other right or remedy at law or equity and said rights or remedies may be exercised and enforced concurrently. No waiver by RCX of any covenant or condition of this Agreement shall constitute a waiver by RCX of any subsequent breach of such covenant or condition or authorize the breach or non-observance on any other occasion of the same or any other covenant or condition of this Agreement.
(e) Effect of Agreement; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and to their respective permitted successors and assigns. League may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement (whether voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner) to any other person or entity without the prior written consent of RCX. Any purported assignment or delegation in violation of this Section 11(e) shall be null and void.
(f) Relationship of the Parties. The relationship of RCX and League under this Agreement is that of independent contractors and nothing herein or in any related document or representation shall be construed to create or imply any relationship of employment, joint venture, agency, partnership, franchisor-franchisee, or any
LEAGUE REGISTRATION AGREEMENT
other relationship other than that of independent contractors. League acknowledges and agrees that it is engaged in a separate and independent business and shall not state, represent or imply any interest in or control over the business of RCX.
{g) Severability. If any provision of this Agreement is deemed invalid or unenforceable pursuant to any statute, regulation or rule of law, the remaining provisions of this Agreement will remain valid and enforceable. {h) Third Party Beneficiaries. League agrees that the NFL Releasees are third party beneficiaries of any section that refers to the NFL or the NFL Releasees. Other than as provided for in the previous sentence and for the rights of the Releasees under Section 9, nothing in this Agreement is intended or shall be construed to confer on any other person other than the parties any rights or benefits under this Agreement. {i) Further Assurances. League shall execute, acknowledge and deliver, without additional consideration, such further assurances, instruments and documents, and shall take such further actions, as RCX shall reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby. {j) Construction. Whenever used in this Agreement, {i) the terms "include," "includes," and "including," mean "include{s), but are not limited to," and "including, but not limited to," respectively and are to be construed as inclusive, not exclusive; {ii) the term "or" shall have the inclusive meaning identified with the phrase "or," and {iii) references to any specific law, rule or regulation, or article, section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor law, rule or regulation thereof. {k) No Construction Against Drafting Party. League has had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.
{I) Survival. The following provisions shall survive any termination or expiration of this Agreement: Sections 2, 5, 6-12 and the last sentence of Section 1{c).
13. League Representations and Warranties; Authority to Register and/ or Act as Agent.
League represents and warrants to RCX that {i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has the full power and authority to enter into and perform its obligations under this Agreement, {ii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action on the part of League, {iii) this Agreement has been duly executed and delivered on behalf of League and is the valid and binding obligation of League enforceable against League in accordance with its terms, {iv) no litigation, claim or action is pending or, to League's knowledge, threatened that could reasonably be expected to adversely affect League's ability to fully perform its obligations hereunder, and {v) entering into and performance by League of this Agreement will not breach or violate the organizational documents of League or any provision of any indenture, mortgage, lien, lease, agreement, order, judgment, or decree to which League is a party or by which its assets or properties are bound.
The individual singing or accepting this Agreement on behalf of League {"League Representative") represents and warrants to the Releasees that League Representative has full legal authority to complete and submit this League Registration Agreement via the Website on behalf of the League. League Representative represents and warrants that League Representative has been duly authorized to act as agent on behalf of t he League in performing such
LEAGUE REGISTRATION AGREEMENT
registration. By proceeding with such registration, League Representative agrees that the terms of this League Registration Agreement shall apply equally to League Representative and to League.
BY INDICATING ACCEPTANCE OF LEAGUE REGISTRATION AGREEMENT, LEAGUE REPRESENTATIVE IS AFFIRMING,
FOR HIMSELF OR HERSELF AND ON BEHALF OF LEAGUE, THAT LEAGUE REPRESENTATIVE HAS READ AND UNDERSTANDS THIS LEAGUE REGISTRATION AGREEMENT AND FULLY UNDERSTANDS ITS TERMS. LEAGUE
REPRESENTATIVE UNDERSTANDS THAT THE LEAGUE AND LEAGUE REPRESENTATIVE ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. LEAGUE REPRESENTATIVE ACKNOWLEDGES THAT LEAGUE
REPRESENTATIVE IS SIGNING THIS LEAGUE REGISTRATION AGREEMENT FREELY AND VOLUNTARILY, AND INTEND
BY LEAGUE REPRESENTATIVE'S ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
[LEAGUE ENTITY NAME]
COMPLIANCE CERTIFICATE
___ _,20_
This certificate ("Certificate") is being delivered pursuant to Section 3(f) of that certain League Registration Agreement, dated as of ____ (the "Registration Agreement"), by and between RCX Sports LLC ("RCX") and [League Entity Name] (the "League"). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms as set forth in the Registration Agreement. The undersigned, on behalf of the League, in his or her capacity as an officer and not in any individual capacity, hereby certifies that:
1. The League has performed or complied with Section 3(a), 3(b), 3(c), 3(d), 3(e), 4(a) and 4(b) of the Registration Agreement.
2. The League has performed or complied in all material respects with all other agreements and covenants contained in Registration Agreement to be performed or complied with by the League.
3. The League has disclosed all Major Owners, including the relevant name and current ownership percentage. As of the date hereof, the following are Major Owners of the League:
Major Owner Relevant Ownership Interest
[Signature Page to Follow]
LEAGUE REGISTRATION AGREEMENT
IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of the League as of the date and year first written above.
[LEAGUE ENTITY NAME]
By:
Name:
Title:
Exhibit A
Territory: The following zip codes constitute the Territory:
[ADD ZIP CODES]
9971213.11
DATE:
TITLE:
June 24, 2025
REEDLEY CITY COUNCIL
C8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: (o ----
APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH MINTIER HARNISH FOR
CONSUL TING SERVICES FOR AN UPDATE TO THE GENERAL PLAN AND
THE ACCOMPANYING ENVIRONMENTAL ANALYSIS
SUBMITTED: Rodney L. Horton Ji/;/;/. ~ Community Development Directo~ APPROVED: Nicole R. Ziebw
City Manager ~
RECOMMENDATION
Approve and authorize the City Manager to make non-substantive changes to the attached draft agreement, and sign final agreement, with Mintier Harnish to provide consulting services for a General Plan Update and preparing the accompanying environmental analysis.
BACKGROUND
The Reedley City Council adopted the General Plan 2030 Update on February 18, 2014. The General Plan 2030 Update serves as a vision for future growth, development and it reflects the community's values and priorities. California state law requires each city and county to adopt a general plan. The general plan is presented as a collection of elements that include land use, circulation, housing, conservation, open space, noise, safety, environmental justice, and air quality. The current General Plan 2030 Update has all of those required elements, except for the environmental justice element. Since the February 18, 2014, adoption of the general plan, the state legislature has passed laws requiring cities and counties to address certain topics such as environmental justice.
For example, SB 1000, signed into law by Governor Jerry Brown, requires cities and counties to address environmental justice into their general plans. The goal of the state-required environmental justice element is to identify objectives and policies to reduce pollution exposure, improve air quality, promote public facilities, improve food access, advance access to housing, and increase physical activity in identified disadvantaged communities. To be consistent with recent changes in state law, the update will need to cover other state-required topic areas such as climate adaptation and resiliency, and updated safety requirements that
consider wildfire and flooding risks.
The successful completion of the Housing Element process triggers the general plan update.
Staff anticipates the focus of the general plan update to be limited to compliance with state law, minor alterations, consistency with the recently certified 2023-2031 Multijurisdictional Housing Element, and conformity with the recently adopted zoning code and subdivision ordinance.
The first part of the process involves the selection of a qualified planning consultant through a formal Request for Proposal (RFP) process. An RFP was electronically released on April 2, 2025, with a submittal deadline of May 5, 2025, at 5:00 p.m. The RFP was e-mailed to planning firms and was posted on the City's website. By the submittal deadline, staff received a proposal from 4-Creeks, Precision Engineering, and Mintier Harnish. After two rounds of interviews, Mintier Harnish was chosen to enter into a professional service agreement with the City of Reedley for consultant services on the preparation of an update to the General Plan 2030 Update and the accompanying environmental assessment.
Project activities will commence in early July 2025, and go through June 2027. Activities during that period include full research of existing content and community conditions; significant public outreach and engagement activities; plan formulation, review and editing of draft documentation; California Environmental Quality Act (CEQA) compliance; and plan adoption.
FISCAL IMPACT
The General Plan Update is expected to cost approximately $300,000. Funds have been appropriated in the FY 2025-26 budget to account for the full contract amount.
PRIOR COUNCIL ACTIONS
This is the first action being requested of Council in regards to entering into an agreement for consulting services associated with this project.
ATTACHMENTS
1. Draft Agreement with Mintier Harnish for Consulting Services
2. City of Reedley Request for Proposals (RFP) for Consulting Services
AGREEMENT BETWEEN CITY OF REEDLEY AND MINTIER
HARNISH FOR CONSULTING SERVICES FOR UPDATE TO THE
GENERAL PLAN UPDATE AND ENVIRONMENTAL ANALYSIS
This agreement is made and entered into effective on July 1, 2025, by and between the City of Reedley, a California municipal corporation (hereinafter referred to as "CITY") and Mintier Harnish, a California Limited Partnership business (hereinafter referred to as "CONSULT ANT").
RECITALS
WHEREAS, CITY desires to obtain consultant services in connection with analysis and updating of the City's Municipal Code sections specific and/or relating to housing and land use; and WHEREAS, CONSULT ANT is engaged in the business of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for CITY by City Manager, Nicole R. Zieba; with Project Management overseen by Community Development Director, Rodney L. Horton, or designee assigned by the City Manager.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are part of ·this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:
1. Scope of Services.
CONSULT ANT shall perform to the satisfaction of CITY services as requested by CITY relating to pursuant to Exhibit "A" which is incorporated herein by reference.
2. Term of Agreement.
This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through December 31 , 2028 subject to any earlier termination in accordance with this Agreement.
3. Compensation.
CONSUL TANT' S sole compensation for satisfactory performance of all services required or· rendered pursuant to this Agreement shall be pursuant to Exhibit "A," which is incorporated herein by reference.
4. Termination
Either party may tem1inate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination, all finished or unfinished documents, reports, or other materials prepared by CONSULT ANT I
under this Agreement shall become CITY'S property. CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.
5. Indemnification.
(a) Indemnity for Professional Liability: When the law establishes a professional standard of care for CONSULTANT'S Services, to the fullest extent permitted by law, CONSUL TANT shall indemnify, protect, defend, and hold harmless the CITY and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, partnering firm(s )/individuals, or Subconsultants ( or any Agency or individual that CONSUL TANT shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless the CITY, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsels fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by CONSULTANT or by any individual or Agency for which CONSULTANT is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of CONSULTANT.
6. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit "B" or as may be authorized, and any additional insurance as may be required, in writing by City Manager or her designee at any time and in her sole discretion. (b) If at any time during the life of the Agreement or any extension, CONSUL TANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULT ANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULT ANT of its responsibilities under this Agreement. This phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced 2 proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
7. Nondiscrimination.
8. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.
Independent Contractor.
In the furnishing of the services provided for herein, CONSULT ANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULT ANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULT ANT is performing its obligations in accordance with the terms and conditions thereof.
9. Notices.
Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.
10. Assignment.
11. This agreement is personal to CONSULT ANT and there shall be no assignment by CONSULT ANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.
Compliance with Law.
In providing the services required under this Agreement, CONSULT ANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
3 12. Waiver.
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governing Law and Venue.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict oflaws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
14. Headings.
15. 16.
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
Severability.
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
Interpretation.
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
17. Attorneys' Fees.
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys' fees and legal expenses.
18. Exhibits.
Each exhibit and attachment referenced in this Agreement 1s, by the reference, incorporated into and made a part of this Agreement.
4 19. Precedence of Documents.
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.
20. Cumulative Remedies.
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
21. No Third Party Beneficiaries.
22. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement.
Notwithstanding anything stated to the contrary n this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
Ownership of Documents and Data.
(a) Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including spreadsheets, calculations, drawings and specifications, prepared by CONSULT ANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY's sole risk and without liability to CONSULTANT.
Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULT ANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received from CONSUL TANT written consent for such changes. (b) Publication: No report, information, or other data given or prepared or assembled by the CONSULT ANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULT ANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the 5 CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
( c) Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
( d) Notwithstanding the paragraphs above, all computer financial models including without limitation compilations of formulas and spreadsheet models used or developed by the CONSULT ANT in performing its work are proprietary and shall remain property owned solely by the CONSULT ANT.
************************
CITY OF REEDLEY, Mintier Harnish,
a California municipal corporation a California limited partnership business By: By:
Nicole R. Zieba, City Manager Jim Harnish, Principal/Owner Date: Date:
ATTEST:
By:
Ruthie Greenwood, City Clerk
6 Exhibit "A"
SCOPE OF WORK AND BUDGET
Proposal to Provide Consulting Services for
Update to the General Plan Update and Environmental Analysis Reedley General Plan Update
Work Scope
June 6, 2025
Phase 1: Initiation
Task 1.1: Request for Information
Mintier Harnish will provide a Request for Information (RFI) to City staff in advance of the kickoff meeting. The RFI will include data necessary for Mintier Harnish to prepare the Existing Conditions and Trends Workbook, the General Plan, and General Plan EIR Addendum. Mintier Harnish will discuss the RFI at the kick-off meeting and identify the additional research, data collection, and growth and economic trends analysis tasks necessary.
Task 1.2: General Plan Kick-off Meeting
Mintier Harnish and City staff will hold a kick-off meeting at the outset of the Project. This meeting will provide an opportunity to discuss ideas and expectations for the project, confirm roles and responsibilities, refine the work program and schedule, establish communication protocols, and meet key City department staff. Mintier Harnish will also discuss the community engagement strategy with City staff to ensure that a diverse group of community members and organizations participate in preparing the General Plan in a meaningful way using the project's online presence, innovative graphics, and multiple means of providing input.
Task 1.3: Community Study Session (Workshop #1)
Following the kick-off meeting, Mintier Harnish will facilitate a Community Study Session with the City Council and Planning Commission. The intent is to facilitate the Community Study Session the same day as the kick-off meeting for schedule and budget efficiency. This study session will provide a common understanding of the need for and purpose of the General Plan, the key steps in the process, community engagement opportunities, new State requirements, and contemporary planning issues. Mintier Harnish will also facilitate an open dialog to gain input on the major planning issues and opportunities facing Reedley, as well as the vision of the Council, Commission, and community for the future of Reedley.
Task 1.4: Community Engagement Program
Mintier Harnish will organize and implement the community engagement program. The purpose of this program is to inform the community about the General Plan project, provide information relevant to the project, get feedback and direction from the Planning Commission and City Council, publish reports and meeting agendas as they become available, and enable interested community members an opportunity to participate in the project in person or online. There are three key components for every successful community engagement program: education and information; engagement and interaction; and validation and direction. Included in the work scope and budget are engagement activities that Mintier Harnish recommends for the General Plan project:
1. Education and Information
Project Webpage. Mintier Harnish will collaborate with City staff to develop content for the project's dedicated webpage on the City's official website. City staff will be responsible for posting updates and performing regular maintenance. The webpage is expected to include all meeting announcements and materials, draft and final documents, and meeting summaries.
Social Media. As part of the General Plan process, Mintier Harnish will provide content for social media posts that City staff can publish on the City of Reedley's social media accounts as well as other social media feeds at key points in the process. Posts will be in both English and Spanish.
Email Blasts. Within the first month of the project, Mintier Harnish will develop a template for email blasts. Mintier Harnish will work with the City to develop a project-specific email contact list and/or use the City's existing e-notifier to send regular email announcements. Eblasts will be in both English and Spanish.
Pop-Up Events. Mintier Harnish will work with City staff to develop interactive materials that can be used by City staff and community volunteers at various community events (such as the Reedley Farmers Market at Reedley College), providing a great way to educate the community about the General Plan and to gain their input at key stages of the project. All Pup-Up Event materials will be in English and Spanish.
2. Engagement and Interaction
Community Survey. Mintier Harnish will periodically prepare opinion surveys. The surveys will be an important tool to understand the community's wants, needs, and vision. Mintier Harnish will work with City staff to ensure surveys are delivered in a variety of ways based on successful implementation of similar outreach methods in other communities. Such outreach methods could include social media, local news resources, City newsletters, flyers in utility bills, and flyers distributed through the school system. All surveys will be available in English and Spanish.
Local Interest Group Meetings. Mintier Harnish will conduct a series of local interest group meetings to help them develop an early understanding of the project issues and opportunities to non-traditional participants. The selected local interest groups should represent a broad range of individuals and groups familiar with the community.
Community Meetings. At key phases of the project, Mintier Harnish will assist City staff in facilitating three community meetings. These meetings are intended to be engaging, accessible, and meaningful. The first meeting will be the Community Study Session where the community will be provided an overview of the General Plan Project, and discuss community issues and assets. At the second meeting Mintier Harnish will address environmental justice. This meeting will be organized and facilitated by Mintier Harnish to ensure compliance with the State's General Plan Guidelines. The third meeting will be used to present the Draft General Plan.
3. Direction and Validation
Joint Study Sessions. Mintier Harnish will facilitate joint study sessions with the Planning Commission and City Council at key points early in the project to provide informal advice and direction, particularly to narrow options and choices. Typically, no formal actions are taken at study sessions. Instead, informal consensus is sufficient. Joint study sessions are most useful early on in the project when they include more educational and interactive components.
Public Hearings. Toward the end of the project, Mintier Harnish will assist City staff with facilitating public hearings with the Planning Commission and City Council. The hearings will include certification of the environmental document and adoption of the General Plan. 2 Task 1.5: Local Interest Group Presentations
Mintier Harnish will conduct up to four local interest group presentations via Zoom to provide background on the General Plan Update and solicit input on issues and expectations for the General Plan. Mintier Harnish will coordinate with City staff on the local interest groups who will participate, which can include, but not be limited to, the Chamber of Commerce, Junior Board, and parent groups such as the Jefferson Moms. If the City desires to have these meetings in person, Mintier Harnish recommends consolidating them into a single day or in conjunction with another scheduled General Plan event.
Task 1.6: Existing Data Collection and Compilation
A strong understanding of existing conditions in the City of Reedley will provide Mintier Harnish, decision-makers, and the community with valuable insight into what has changed since the adoption of the 2030 General Plan, as well as the trends likely to shape the community's future.
Mintier Harnish will also utilize resources gathered through the RFI process to support the development of the General Plan and its associated environmental document. This information will be supplemented by additional data collected by our team.
Task 1.7: Assemble GIS Data and Prepare Base Map
Mintier Harnish will work with City staff to obtain existing City and County GIS data and review City mapping protocol and requirements. Mintier Harnish will prepare base maps for reports and display presentation, including establishing a uniform legend and title block for use on all maps Mintier Harnish prepares. Mintier Harnish will develop all G IS data and mapping prepared for the General Plan project consistent with City protocols and data formats to ensure easy integration into the City's information system. At the conclusion of the project, Mintier Harnish will provide to the City all original data as well as project specific data layers modified or created by Mintier Harnish as part of this project.
Deliverables
• Request for Information (digital; Excel, pdf)
• Kick-off meeting agenda (digital; Word
• Kick-off meeting summary (digital; Word, pdf)
• Community Study Session materials (hardcopy display boards, handouts; digital; pdf, PowerPoint)
• Community Study Session summary ( digital; pdf)
• Community Engagement Program (digital; Word, pdf)
• GIS base maps (digital; GIS)
• Local interest group presentations (digital; PowerPoint) Phase 2: Existing Conditions and Trends
The first component will be the preparation of an Existing Conditions and Trends Workbook that will summarize key topics covered in the General Plan. The Workbook will require initial data collection and research to provide a high-level summary. Much of this effort will be updating the background information from the 2030 Reedley General Plan. The second segment of the existing conditions task will include a more detailed discussion on selected topics at a level appropriate to support the environmental analysis. This portion of the work will take place in Phase 6: Environmental Review, as part of the development of the environmental document.
Task 2.1: Existing Conditions and Trends Data Development and Evaluation 3 Mintier Harnish will collect, research, and assess existing conditions and trends for the following topics. As described earlier, a summary of key information will be presented in the Existing Conditions and Trends Workbook while the full data assessment will be included in the environmental assessment under Phase 6.
Land Use. Mintier Harnish will analyze the existing 2030 General Plan land uses and other adopted plans that affect development in Reedley. Mintier Harnish will map and analyze existing land uses based on available GIS and/or Assessor's data and identify opportunities and constraints for future development and reuse. Mintier Harnish will also describe regional planning efforts affecting the city. Mintier Harnish will also assess the community character of Reedley neighborhoods and the design characteristics of each. This will include an understanding of architectural patterns, community gateways, and major geographic features that define the character of Reedley.
Population, Employment, and Housing. Mintier Harnish will collect and assess historical, current, and projected population, employment, and housing characteristics in the Planning Area. Mintier Harnish will work with the Fresno Council of Governments (FCOG) to obtain the most current demographic and housing data, including US Census data, and data available from the California Department of Finance.
Circulation and Transportation. Mintier Harnish will compile data and information on roadway segments, transit services, and bicycle and pedestrian facilities. Mintier Harnish will prepare a detailed description accompanied with maps and graphics illustrating the roadway system, bicycle and pedestrian facilities, peak hour traffic counts, and transit routes and stops. Mintier Harnish will use available Census and travel survey data (i.e., journey to work data) to describe the travel behavior of Reedley residents and employees, as well as, Federal, State, regional, and local regulations pertaining to multi-modal circulation in Reedley.
Biological Resources. Mintier Harnish will compile data on sensitive habitats, principal vegetation cover types, and special-status and endangered species. This will include primary source material from the local and regional habitat plans, supplemented with limited windshield surveys and review of existing biology studies completed for the city.
Cultural Resources. Mintier Harnish will conduct an archaeological sensitivity analysis for both prehistoric and historic sites using records maintained at the regional information center and published in research papers. Mintier Harnish will contact the appropriate individuals with the surrounding Native American Tribes to ensure sensitive cultural resources area documented appropriately. This assessment will include identification of areas for the protection of cultural resources consistent with recent State mandates (SB 18).
Public Facilities, Services, and Infrastructure. Mintier Harnish will compile data on infrastructure, resources, services, and facilities related to water supply and delivery, wastewater collection and disposal, stormwater drainage, solid waste and recycling, energy and telecommunications, law enforcement, fire protection, health care, schools, and education, and government services. There are no disadvantaged unincorporated communities within the Reedley Sphere of Influence per the 2020 City of Reedley Municipal Service Review and Sphere of Influence Update, so a SB 244 disadvantaged unincorporated communities analysis will not be required.
Noise. Mintier Harnish will review existing noise data and summarize the existing noise environment in Reedley resulting from major roadways and highways, and stationary noise 4 sources and activities. Mintier Harnish will document existing noise-sensitive areas and sites.
Mintier Harnish will also summarize current information on ground vibration.
Air Quality. Mintier Harnish will compile data on existing air quality conditions within Reedley and the nearby vicinity. This will specifically include the location of existing sensitive receptors and emission sources, existing mass emissions, ambient air quality concentration data from the most applicable monitoring station(s), attainment designations, and natural factors that relate to the transport and dispersion of air pollutants. This summary will include applicable Federal, State, and local regulations, as well as thresholds of significance recommended by the San Joaquin Valley Air Quality Management District.
Safety and Hazards. Mintier Harnish will compile data on existing natural and man-made hazards, ensuring consistency with the findings from the 2024 Fresno County Hazard Mitigation Plan. As part of this evaluation, Mintier Harnish will summarize the geological environment and associated hazards. This section will address Seismic Hazard Zones (i.e. , Seismic Hazards Mapping Act of 1990 and the Alquist-Prolo Earthquake Fault Zoning Act of 1972) and soil strength properties. Mintier Harnish will describe major creeks, streams, and drainages, and will summarize the latest FEMA floodplain mapping to illustrate potential safety and development constraints. Mintier Harnish will summarize urban and wildland fire risks, fire hazard risk areas, and fire protection resources. Finally, Mintier Harnish will also summarize major users and producers of hazardous materials within or adjacent to the city.
Hydrology and Water Quality. Mintier Harnish will summarize sources of groundwater and surface water, water consumption rates, measures used to conserve water, and renewable water faci lities and resources. This section will document potential pollution sources, areas susceptible to water quality degradation, and source issues and capacity constraints.
Task 2.2: Existing Conditions and Trends Workbook
Mintier Harnish will prepare an Existing Conditions and Trends Workbook. Mintier Harnish will write the Workbook in an engaging way to tell a thought-provoking story of Reedley - where it has been, where it is today, and the trends that will shape its future. The Workbook will be highly graphical and will use infographics, charts, maps, and photographs combined with storytelling techniques. While the content will largely depend on the direction provided by staff, decision-makers, and the community during the initial outreach efforts, Mintier Harnish assumes the workbook will cover, at a minimum, the following topics:
• Purpose of the General Plan
• Location and geographic boundary descriptions, including the regional setting, Planning Area, Sphere of Influence, and city limits
• A description of the city's brief history
• A snapshot of current conditions and trends, including a demographic profile, housing characteristics, economic and market conditions, transportation infrastructure and travel patterns, community character description, and population and development trends • A description of quality of life characteristics, including parks and open space, arts and culture, and publ ic realm improvements that have made Reedley an exceptional place to I ive
This task includes preparation of an initial outline, an Administrative Draft for City staff review, and a Final Draft that incorporates edits following one round of review by City staff. 5 Mintier Harnish will use the Workbook to help shape the discussion about policy options and land use choices.
Task 2.3: General Plan Audit
Mintier Harnish will work with City staff to evaluate the 2030 General Plan to determine what works, what does not work, and where the plan does not provide adequate or current guidance. This will be done using our proprietary General Plan Evaluation Tool. Our General Plan Evaluation Tool will provide insights on the existing General Plan's clarity; linkages to other plans; progress in achieving desired outcomes; and whether goals, objectives, policies, and actions should be carried forward, modified, or removed. This audit will also look at the additions needed to address changes in State law, the State's General Plan Guidelines, and contemporary planning practice and content. The results of this review will be documented in a General Plan Audit Report.
Task 2.4: Technical Studies Supporting the Safety Element Recent State laws passed in response to increased wildfire and flooding hazards resulting largely from climate change added significant new requirements for general plan safety elements. These requirements include the preparation of a climate vulnerability analysis and evacuation route analysis. During this phase, Mintier Harnish will complete those studies to support relevant public safety goals, policies, and actions.
Subtask 2.4.1: Climate Change Vulnerability Assessment
In accordance with California Government Code 65302(g) and SB 379, Mintier Harnish will complete a Climate Vulnerability Assessment which will detail the anticipated climate impacts in Reedley, such as increases in temperature, more intense and frequent extreme heat events, more intense and frequent drought, higher frequency of catastrophic floods, more extreme winter storms, and more severe and frequent wildfires. At a qualitative level, Mintier Harnish will identify the locations of the city's critical facilities and services in relation to potential climate change impacts based on readily available geospatial data. Mintier Harnish will prepare the Climate Change Vulnerability Assessment consistent with the latest (2020) California Adaptation Planning Guide, as described in California Government Code 65302(g) and the Office of Planning and Research General Plan Guidelines. Mintier Harnish will use maps and data from existing plans and available sources of geospatial data, including:
• Internet-based Cal-Adapt tool
• Internet-based Healthy Places Index tool to identify vulnerable population • The 2024 Fresno County Hazard Mitigation Plan
• California's Fourth Climate Change Assessment, Regional Report • Existing development in identified at-risk areas, including structures, roads, utilities, and essential public facilities
• Reedley land use plans and implementing documents
A key component of the Climate Change Vulnerability Assessment will be an evaluation of the potential for climate change to disproportionately impact vulnerable population groups (e.g., seniors, children, low-income communities, outdoor workers). The Climate Change Vulnerability Assessment will rely on modeling scenarios per the California Adaptation Planning Guide and the Office of Planning and Research's General Plan 6 Guidelines. The Climate Change Vulnerability Assessment will be a qualitative analysis and will not include quantitative asset analysis by hazard area.
Subtask 2.4.2: SB 99 Analysis
To address the new SB 99 requirements for the Safety Element, Mintier Harnish will begin by examining on-line CalFire mapping of single access parcels. As a starting point, Mintier Harnish will coordinate with the City to determine if pursuant to AB 2911, Section 4290.5 of the California Public Resource Code, the City has already identified residential developments that do not have at least two access routes. Mintier Harnish will then use a combination of FCOG's T AZ boundaries or Census tracts, web-based Google Earth reconnaissance as well as ArcGIS Network Analyzer to identify additional vulnerable T AZs or tracts. Mintier Harnish will coordinate with the City to acquire land use and building data that were also used to identify additional vulnerable developments in residential neighborhoods or parcels with residential buildings.
Mintier Harnish will map and stratify vulnerable TAZs/tracts as: single-access; twoaccess; limited multi-access. The latter reflects the situation where evacuees would have to travel along a single roadway that connects to alternative evacuation routes further away.
Mintier Harnish will also map the single access developments; two-access developments and use population or household data to determine population per access metrics for each TAZ/tract for thematic mapping of vulnerable areas. Mintier Harnish will compare this mapping relative to the multimodal network. Mintier Harnish will coordinate with the City to make recommendations for improving access and determine areas that could pose evacuation challenges.
Subtask 2.4.3: AB 747 Analysis
To address the new AB 747 requirements for the Safety Element, Mintier Harnish will coordinate with the City to develop up to three evacuation events resulting from plausible hazards including, but not limited to: wildfire; toxic contaminant transport spill, to determine likely affected areas and infrastructure assets that could be compromised.
Mintier Harnish will examine evacuation scenarios to determine the most likely areas of the city that will be evacuated and the distribution of vehicle trips (and pedestrian movements) that would likely occur. This would also include contra-flow needs for emergency vehicle access into affected areas. Based on each of these plausible reactions to an evacuation event, Mintier Harnish will perform an assessment of the affected transportation network identifying key roadways that would facilitate a given evacuation scenario.
Mintier Harnish will apply FCOG's travel demand model to assess three evacuation scenarios. Mintier Harnish will revise the future year model trip distribution (OriginDestination Matrix) to emulate the evacuation flows. Mintier Harnish will develop three separate model OD Matrices - one specific to each evacuation scenario. For each event scenario, Mintier Harnish will develop model plots that show the volume/capacity (V /C) of the roadway network. Peak hour roadways operating with a V/C over 1.0 (overcapacity) will be thematically shown in red. This will allow a quick visual assessment of potential roadway capacity constraint locations under each scenario event. Based on these results, Mintier Harnish will identify potential mitigations including converting specific roadways to contraflow and reverse contraflow facilities and/or identification of 7 refuge areas (destinations) to better facilitate an evacuation event. For each of these scenarios, Mintier Harnish will edit the future baseline model network to represent the mitigation strategy, and Mintier Harnish will then compare the model re-run with the modified networks. Mintier Harnish will then compare network V /C plots with the baseline model plots.
Task 2.5: City Council/Planning Commission Joint Study Session Mintier Harnish and City staff will facilitate a joint study session with the City Council and Planning Commission to discuss progress on the project, the General Plan Audit process and key findings, the proposed General Plan organization, and possible areas for land use changes.
Deliverables
• Existing Conditions and Trends Workbook (digital; lnDesign, pdf) • General Plan Audit Report (digital; Excel, pdf)
• Climate Vulnerability Analysis (digital; Word, pdf)
• SB 99 Access Analysis (digital; Word, pdf)
• SB 747 Evacuation Analysis (digital; Word, pdf)
• Joint Study Session materials (digital; pdf, PowerPoint) Phase 3: Preparing the General Plan
Task 3.1: Administrative Draft General Plan
Mintier Harnish and City staff will prepare an Administrative Review Draft General Plan. Mintier Harnish will format the General Plan to be attractive, contemporary, and user-friendly, using extensive photos, illustrations, and maps. The Plan will address all State-mandated topics (except the Housing Element), including land use, circulation, conservation , open space, safety, noise, air quality, and environmental justice (scoped separately under Task 5.2). Mintier Harnish will address all the requirements of State law, such as complete streets, flood risk reduction, adaptation, and resiliency using the 2017 OPR General Plan Guidelines as a guide. The Plan will reflect best practices for addressing contemporary planning issues, such as retail trends, transportation technology, and community health.
Mintier Harnish will prepare a comprehensive implementation strategy that includes discrete, tangible actions to implement the goals and policies. Mintier Harnish will also review current implementing ordinances/regulations and include recommendations as a part of the implementation programs for ordinance revisions needed to maintain consistency with the General Plan.
Task 3.2: Environmental Justice Element
Subtask 3.2.1: Environmental Justice Community Engagement Mintier Harnish will collaborate with City staff and local community organizations to facilitate up to three in-person community engagement events focused on the Environmental Justice Element. To ensure broader participation, Mintier Harnish will also develop an interactive online mapping questionnaire, providing an additional avenue for community input, particularly for those who may be unable or uncomfortable attending in-person meetings.
Pop-Up Booth. Mintier Harnish will provide City staff materials to facilitate pop-up booths at various events around the city. These events can include farmer's markets, 8 community open houses, and similar community events. It is recommended that these events take place within the identified "disadvantaged" communities (census tracts) in the city. The pop-up booth will include a physical community survey (in English and Spanish), a QR code/link to the online questionnaire, interactive exercises to gather community input, and environmental justice informational material. • Community Workshop #2. Mintier Harnish, along with City staff, will attend and facilitate one in person community workshop. The workshop will include a presentation on environmental justice and consist of multiple groups and individual exercises. These exercises will be designed to gather lived experiences and document environmental justice concerns. The workshop will be facilitated in both English and Spanish.
• Interactive Mapping Questionnaire. Mintier Harnish will develop, host, and manage an online, interactive questionnaire specific to gathering input from the EJ Element. The survey will be created using the platform Maptionnaire, which allows for interactive mapping questions within a traditional online survey. The survey will be divided into six sections covering the six State-mandated EJ topic areas (pollution exposure, public facilities, food access, safe and sanitary housing, physical activity, and civic engagement) with the goal of understanding lived experiences of community members related to each topic area. The questionnaire will be available in both English and Spanish.
The pop-up booth events, in person workshop, and online questionnaire will take place before preparing the Environmental Justice Element. This is to gather community level feedback from residents, which will be used to provide direction for drafting the Element.
Due to locational constraints, the pop-up booth event and workshops may differ slightly in structure and activities. The results of the community engagement effort will be summarized in detail in the Environmental Justice Element.
Subtask 3.2.2: Administrative Draft Environmental Justice Element Mintier Harnish will prepare an Administrative Draft Environmental Justice Element that aligns with the Governor's Office of Land Use and Climate Innovation Guidelines. Mintier Harnish will use CalEnviroScreen 4.0 (provided by the California Office of Environmental Health Hazard Assessment), and EJSCREEN (provided by the Federal Environmental Protection Agency) to determine areas of concern regarding environmental justice concerns in the community. The Environmental Justice Element at a minimum will address goals, policies, and programs pertaining to educational attainment, pollution burden of disadvantaged communities, and identification of burdensome quality of life metrics including poverty, unemployment, linguistic isolation, and health. The goals, policies, and programs in the Element will be directly influenced by the community feedback received during the engagement activities.
The Environmental Justice Element will include an introduction describing racial, social, and environmental concerns in the city, followed by a detailed summary of the public input gathered from the multitude of engagement opportunities. Mintier Harnish will focus goals, policies, and implementation programs for the Environmental Justice Element in the following areas:
• Pollution exposure: Air and water quality
9 • Food access: grocery stores, food desert, farmers markets, community gardens, affordable healthy food
• Physical activity: walkability, access to transit, traffic safety • Public facilities: libraries, schools, childcare, health facilities, parks • Safe and sanitary housing: housing location, quality, affordability • Civic Engagement: language access, participatory planning Subtask 3.2.3: Preliminary Public Review Draft Environmental Justice Element Mintier Harnish will revise the Administrative Draft Environmental Justice Element in response to a single set of consolidated comments from the City. Comments shall be made in Microsoft Word's "tracked changes" feature. Mintier Harnish will incorporate the revised draft into the overall Preliminary Public Review Draft General Plan as outlined in Task 3.4.
Task 3.3: Prepare Land Use and Circulation Diagrams
Mintier Harnish will prepare a Land Use Diagram as part of the Administrative Draft General Plan.
Mintier Harnish will discuss options for streamlining the land use designations and graphic design options for making the Land Use Diagram user-friendly. Based on the distribution of land uses on the Land Use Diagram, Mintier Harnish will develop and prepare a Draft Circulation Diagram.
Mintier Harnish will review existing roadway classifications and work with City staff to develop a concise set of roadway classifications that fit the needs of the City and that address new State regulations related to multi-modal transportation. If desired by the City, the classifications could also expand upon the functional classifications to consider street context and non-auto travel modes.
Task 3.4: Preliminary Public Review Draft General Plan
Following City staff review, Mintier Harnish will revise the Administrative Draft General Plan and prepare a Preliminary Public Review Draft General Plan for review by the community, Planning Commission, and City Council. The step of reviewing the Preliminary Public Review Draft General Plan with advisory bodies and decision-makers is important to ensure the Draft Plan meets expectations before conducting the CEQA analysis.
Task 3.5: Community Workshop #3
Mintier Harnish will assist City Staff in facilitating Community Workshop #3 to present the Preliminary Public Review Draft General Plan . This workshop will include several information stations that highlight key General Plan topics. Mintier Harnish will use this opportunity to inform the community about the General Plan contents, solicit their input, and help them understand their · opportunities for expressing their opinions to the city.
Task 3.6: Planning Commission Study Session: Preliminary Public Review Draft General Plan
Mintier Harnish and City staff will facilitate a study session with the Planning Commission to review and confirm the Preliminary Public Review Draft General Plan . Mintier Harnish will summarize the results of Community Workshop #3. The Planning Commission will recommend any revisions or adjustments to the General Plan to the City Council.
Task 3.7: City Council Study Session: Preliminary Public Review Draft General Plan 10 Mintier Harnish and City staff will facilitate a study session with the City Council to review and confirm the Preliminary Public Review Draft General Plan. Mintier Harnish will summarize the results of Community Workshop #3, as well as the Planning Commission recommendations. The City Council will provide direction on revisions or adjustments to the General Plan prior to Mintier Harnish conducting the CEQA analysis.
Task 3.8: Public Review Draft General Plan
Based on direction from the City Council, Mintier Harnish will prepare the Public Review Draft General Plan for publication and environmental review.
Task 3.9: General Plan Consultation and Referrals
State law requires consultation with a variety of Federal, State, regional, and local agencies whenever a jurisdiction prepares a general plan (e.g., Native American Tribes, Military Branches, water agencies). These statutes are located throughout the Government Code and have varying requirements for when draft and final documents must be submitted and how long agencies have to review and provide comments. Mintier Harnish will maintain a checklist of agency consultation requirements that will be used to ensure the City provides the Public Review Draft General Plan to the appropriate agencies.
Deliverables:
• Administrative Draft General Plan, inclusive of the Environmental Justice Element (digital; Word, pdf)
• Preliminary Public Review Draft General Plan (digital; Word, pdf) • Environmental Justice pop-up booth materials (digital; PowerPoint; hard copy display boards and handouts in English and Spanish)
• Online mapping questionnaire (digital, English and Spanish) • Community Workshop #2 materials (hardcopy display boards, maps, handouts; digital; pdf, PowerPoint)
• Community Workshop #2 Summary (digital; Word, pdf)
• Community Workshop #3 materials (hardcopy display boards, maps, handouts; digital; pdf, PowerPoint)
• Community Workshop #3 Summary (digital; Word, pdf)
• Public Review Draft General Plan (digital; Word, pdf) Phase 4: Environmental Review
Based on a review of the Request for Proposals and available information, the City anticipates that CEQA clearance for the General Plan may take the form of an Addendum to the 2030 General Plan EIR. This approach would be determined once all land use plan and policy changes have been identified. Mintier Harnish has provided a scope and fee for General Plan EIR addendum. Mintier Harnish assumes the CEQA technical studies will not be required as a part of an Addendum. In the event that technical studies are required, technical study support can be provided under a separate scope and fee.
Task 4.1: Project Description Preparation
11 Once the General Plan is completed to a level that CEQA can be initiated, Mintier Harnish will prepare the project description, outlining the General Plan contents. This section will be the basis for the analysis in the CEQA document. Consistent with Section 15152 of the CEQA Guidelines, the project description will include:
• A description of the project location and boundaries, including the regional location of the City
• A statement of project objectives
• A description of the technical, economic, and environmental characteristics of the General Plan
The project description will be the basis for the EIR Addendum analysis. Once complete, Mintier Harnish will submit the Project Description to City staff for review. After receiving comments and making the appropriate changes, Mintier Harnish will submit a final revised version of the project description, which will be the basis for the project's environmental analysis.
Task 4.2: General Plan EIR Addendum
Mintier Harnish will prepare an Administrative Draft General Plan EIR Addendum for City staff review. The EIR Addendum will analyze the impacts associated with the proposed General Plan compared to the project analyzed in the 2030 General Plan EIR.
Mintier Harnish does not propose the preparation of any additional technical studies to support the General Plan EIR Addendum, as Mintier Harnish understands the General Plan is not anticipated to meaningfully change the buildout of the city compared to the buildout analyzed in the 2030 General Plan EIR. Each response will include a conclusion regarding the significance of the project's impact, which may be determined to be potentially significant, potentially significant unless mitigated, less than significant, or no impact.
Once reviewed by City Staff, Mintier Harnish will revise the General Plan EIR Addendum to be finalized for public hearings. If warranted, Mintier Harnish will schedule a conference call with City staff to review any substantive comments and finalize the General Plan EIR Addendum. Mintier Harnish will then revise the Addendum based on comments from City staff and provide a final copy to City staff ahead of project hearings.
Deliverables
• Draft Project Description (digital; Word, pdf)
• Final Project Description (digital; Word, pdf)
• Draft General Plan EIR Addendum (digital; Word, pdf)
• Final General Plan EIR Addendum (digital; Word, pdf)
Phase 5: Adoption of the General Plan
Task 5.1: Planning Commission Hearing
Mintier Harnish will attend one public hearing with the Planning Commission to review the Draft General Plan and General Plan EIR Addendum. The Planning Commission will consider the comments made during the public hearing and make recommendations to the City Council.
12 Task 5.2: City Council Hearing
Mintier Harnish will attend one public hearing with the City Council to review the Draft General Plan and General Plan EIR Addendum. At the hearing, the City Council will consider the Planning Commission recommendations and the comments made at the Planning Commission public hearing. After the hearing, the City Council will direct Mintier Harnish to incorporate their recommendations and prepare the Final General Plan.
Task 5.3: Final General Plan Documents
Following public review of the Draft General Plan, Mintier Harnish will prepare the General Plan EIR Addendum for approval and the Final General Plan for adoption.
Task 5.4: City Council Adoption Hearing
Mintier Harnish will attend one hearing with the City Council for adoption of the Final General Plan.
Deliverables
• Approved General Plan EIR Addendum (Five hard copies; digital, Word, pdf) • Final General Plan (Five bound hard copies; digital, Word, pdf) • All milestone documents, data, and GIS files (uploaded to file sharing site) 13 City of Reedley I General Plan Update & Environmental Analysis Task 1.3
Task 1.4
Task 1.5
Task 1.6
Task 1.7
Subt9tal
r.,_ •
Task 2.1
Task 2.2
Task 2.3
Task 2.4
Subtask 2.4.1
Subtask 2.4.2
Subtask 2.4.3
Task 2.5
Subtotal
Task 3.1
Task 3.2
Subtask 3.2.1
Subtask 3.2.2
Subtask 3.2.3
Task 3.3
Task 3.4
Task 3.5
Task 3.6
Task 3.7
Task 3.8
Task 3.9
Subtotal
... ·-~
Task 4.1
Task4.2
Sub'total
Task 5.1
Task 5.2
Task 5.3
Task 5.4
$u_btotal
PM
Request for Information (RFI)
General Plan Kick-Off Meeting
Community Study Session (Workshop #1)
Community Engagement Program
Local Interest Group Presentations
Existing Data Collection and Compilation
Assemble GIS Data and Prepare Base Map
Existing Conditions and Trends Data Development and Evaluation Existing Conditions and Trends Workbook
General Plan Audit
Technical Studies Supporting the Safety Element
Climate Change Vulnerability Assessment
SB 99 Analysis
AB 747 Analysis
City Council and Planning Commission Joint Study Session · .. ;_ ~- .-;· .
Administrative Draft Plan
Environmental Justice Ele111ent
Environmental Justice Community Engagement (includes Community Workshop #2) Administrative Draft Environmental Justice Element
Public Review Draft Environmental Justice Element
Prepare Land Use and Circulation Diagrams
Preliminary Public Review Draft General Plan
Community Workshop #3
Planning Commission Study Session: Preliminary Public Review Draft General Plan City Council Study Session: Preliminary Public Review Draft General Plan Public Review Draft General Plan
General Plan Consultation and Referrals
.· ~ _!(/_
Project Description Preparation
General Plan EIR Addendum
City Council Public Hearing
Final General Plan Documents
City Council Adoption Hearing
-~~- - _.:,,_ -&~
6 6
6 8
2 4
24 2
2 14 48
2 6
10 50
8 2 8
2 2
2 2
10 18 86
20 60
2 16
2 10
2 4
2 4
4 10
10 10
10 4 8
2 2
38 1_44
2 8
10 0
10 10
2 10
. b 32
--"~
60 60
ioo 370
$300 $225
$30,000 . $83,250
1) This represents a total not to exceed cost based on the provided scope of work. 2) The distribution of hours between firms, staff categories, and tasks are an estimate.
While the total costs will not change, the distribution of hours/costs may vary depending on actual execution. 3} Labor rates are subject to change every January 1st, although this change will not change the total budget. $820
12 $3,150
6 20 $4)10
4 10 $2,240
24 4_8 . $9,840
2 4 $820
6 8 . $1,560
o 106 $23,140
. :' l2 ·. $2;i590 .
85 145 . $2_9,975
20 . 28 $4,890
6 $0
_80 " 9b __ · $11;200
·4 . $1,050
·4 $1,050 .
... 10 · $2,250
_ 169 20 · 29~ .·• $59,015
90 170 $~6,iSO
O $0
40 . 58 ·. $i,1,600
20 · _32 . $/{550
8 · 14 · . $2,980
10 16 30 ... $6,410
24 34 '." $6,690
•10 .· "$2,250
io · . $2,15b
10 . 22 · . $4,~5.Q
. i1s • ·
0 .
--;. .
10 $2,2$0
8 10 . . $1,930
$2;250
8 0 40 $8,680.
'f . .,,
80 ·.· 160 . . $"31,500_
. 0 80 _ ll;iO :· $31·,SOO
;, ""
439 100 .· 1009
$185 $150
$81,215 $15,000 . $209,465
$10,000
$219,465
fPRO POSAl COST ESl~MATE
....,
u
QJ
·e
0..
. ..:
VJ
._, ~../•pi]
~-
""
8 8
0 6
12 8
8 ··""
~6
$265
$14,840
I...
QJ
C
C
n:,
a:
0 ·c
QJ
VJ
0 0
0 0
,;· --~
0 0
. ·~
0 Q -'~ :i:::, . • ·••Y ~
0 38
$215 $200
$0 $7,600
0 -
0 0
30 30
,.._
QJ
C
C
~
0..
....,
C
t'l .. S1
.c
u
QJ
f-
~
0 0
0 ·.
24 24
$0
8 $2,120
8 $i,120
0 $0
0 $0
0 $0
0 $6
0 16 $-'l,240
"Ii0 $0
b $0
0 $6
SJ . $0
0 $0
0 $0
0 $0
0 ·. so
0 _() :· $Q . ii_,. ~ ~
b $0
: 0 $0
0 $0
b ' $0
6 ·$0.
.o .$6
.. 0 .$0
. 0 $6
a· Sb
0 $0
0 so:
0 $0
(j •,: O· . $0
6 - ·is ·. ' $3;416
22 . 1°2;2 -· $21,ll-SO
28 : 1'10 .· :$24;1360 w ·-
._· . 6 $1,590
0 $0
0 . $0
0 0 0 12 $3;180 . ,,
8 . $2,120
0 8 · $2,120
:i.'-
30 24 28 176
$170 $140 $125
$5,100 $3,360 . $3,500 $34,400
$500
- $34~900
6 6
_Q
C C
QJ 0 U) ·p
n:,
t
0 ~ ~ C C ro n:, .= . a: .·
12 ,i:;;,,_i( _,l~- 0
8 4
8 4
16 40
32 _ 48 . ~.,;,,_.-. ,..,~,
8 4
2 2
6 .
8 10
10 64
$320 $345
$24,960 $22,080
...
QJ
C
C
ro
a::
u.
LL
-'
0 5
@~~~-
0 '~-
25 30
,55
• \I - -·~
6 "'·
6 _
4 4
·~:Ii·
0 z',:,.
0 65
$225
Mintier Harnish I Proposal for Services
6 0
0 0
o·
0 . i2 ,, ..,.~.,
o . 25 62
0 6
0 30 72
44 100
0 2 20 ·
0 ' '.
0 ..
0 0
12 16
.. 0
6 .
·. 0
o.
0 0
0 . -.:·
22 -~ .
8 8
6 .0
· (i 16 · , l« . . ~ .... . ;,
6 0 o-·
!> .. -~ il3 320
$165
$14,625 $18,645 · $80,310 >,~$3i4Jis
$1,500 $12,000
$81,810 $336,-175
Exhibit "B"
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
ACORD® CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DD/YYYY)
~ 6/6/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER ~2~1~cT Casey Caietti lnterWest Insurance Services, LLC rtgNJo Ext\: 916-488-3100 I FAX
P.O. Box 255188 IA/C No\: 916-979-7992 E-MAIL Sacramento CA 95865-5188 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
License#: 0B01094 INSURER A: Hartford Underwriters Ins Co 30104 INSURED MINTHAR-01 INSURER B: Hartford Casualty Ins Company 29424 Mintier Harnish, LP INSURER c: Underwriters at Lloyds of London 32727 1415 20th Street Sacramento CA 95814 INSURER D:
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1117111536 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSn IAf\/n POLICY NUMBER (MM/DD/YYYY\ (MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 57SBABL0BNN 4/24/2025 4/24/2026 EACH OCCURRENCE S 2,000,000 - • CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence\ $ 1,000,000
MED EXP (Any one person) S 10,000 -
PERSONAL & ADV INJURY S 2,000,000 -
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ POLICY • JECT PRO- D Loc PRODUCTS - COMP/OP AGG S 4,000,000 OTHER: $
A AUTOMOBILE LIABILITY y y 57SBABL0BNN 4/24/2025 4/24/2026 COMBINED SINGLE LIMIT $2,000,000 /Ea accident) - ANY AUTO BODILY INJURY (Per person) $ - OWNED ~
SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ - HIRED - NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY {Per accident\ s - - $
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $
B WORKERS COMPENSATION y 57WECNU9666 4/24/2025 4/24/2026 X I ~~fTUTE I I OTHAND EMPLOYERS" LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE • E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability MPL523630224 11/21 /2024 11 /21/2025 Limit per Claim 2,000,000 Claims Made form Agg limit 2,000,000 Retro date 6/13/1994 Retention 5,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) RE: City of Reedley Community Development Project.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Reedley and its officers , ACCORDANCE WITH THE POLICY PROVISIONS. officials , employees and agents
1733 9th Street AUTHORIZED REPRESENTATIVE
Reedley CA 93654 CJ _ nc~( C4'\~?:tt1 -·
I
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE4
HARTFORD
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HARTFORD
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3
© 2021 , The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 1
HARTFORD
damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc. , with its permission) DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
June 24, 2025
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 7 ----
APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC, FOR THE REMOVAL,
TRANSPORTATION AND PROPER DISPOSAL OF THE CITY OF REEDLEY
WASTEWATER TREATMENT PLANT BIO SOLIDS
Russ Robertson, Public Works DirectorP,-
Nicole R. Zieba, City Manager r
RECOMMENDATION
Authorize the City Manager to execute an agreement with Holloway Environmental Solutions, LLC, for the removal, transportation and proper disposal of the City of Reedley Wastewater Treatment Plant Bio Solids.
BACKGROUND
The City of Reedley signed an agreement with Liberty Composting to transport and reuse the Wastewater Treatment Plant Bio Solids in 2022. That agreement has now reached an expiration date and the City solicited proposals from qualified firms for the service. In 2023, Liberty Composting sold to Synagro Technologies and the City and Synagro have been operating under the Liberty Composting agreement terms until the expiration of the agreement.
There are a very limited amount of companies that provide this service in the Central San Joaquin Valley, but the City was able to obtain two cost proposals from Synagro Technologies and Holloway Environmental Services. Holloway Environmental Services was the lowest qualified proposal, which included the transportation of the Bio Solids production, tipping and disposal fee at $53.50 per wet ton. Synagro's proposal for the service was $63.24 per wet ton. The City's current fee for the service through Synagro is $61.40 per wet ton, so the agreement with Holloway would result in a reduction of costs for the service.
If approved, the agreement shall become effective on August 1, 2025 and shall continue in
effect for a period of three (3) years. The Parties may extend the term of the Agreement on a year-to-year basis upon the written agreement of the Contractor and the City, and will be subject to an annual CPI adjustment as outlined in the Agreement.
FISCAL IMPACT
The reduction in service costs will have a positive impact on the Sewer fund. Adequate funds have been allocated in the proposed 2025-26 FY budget for this service.
ATTACHMENTS
Services Agreement between the City of Reedley and Holloway Environmental Services.
AGREEMENT FOR THE REMOVAL, TRANSPORTATION AND REUSE OF BIOSOLIDS The Agreement for the Removal, Transportation, and Disposal of Biosolids ("Agreement") between the CITY OF REEDLEY ("the City") and HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC. ("Contractor").
The City operates its waste water treatment plant at 1701 West Huntsman Avenue, Reedley, California ("the Plant"). The Plant produces approximately 2000 tons per year of biosolids.
The Contractor operates a permitted bio-solids disposal facility located at 14045 Holloway Road, Lost Hills. California ("the Site"). The Contractor has all permits and approvals necessary for the operation of the Site and wishes to remove, transport, and properly dispose of biosolids produced at the Plant.
1. DEFINITIONS
1.1. Biosolids means municipal sewage sludge resulting from the treatment of wastewater at the Plant that is digested and meets Class B and Table 1 quality standards for land application under Part 503 of Title 40 of the Code of Federal Regulations. "Standards for the Use and Disposal of Sewage Sludge" ("Part 503 Rule"), and mechanically dewatered.
1.2. Contractor means Holloway Environmental Solutions, LLC.
1.3. Permits means all federal, state and local permits that are required in order that the Contractor may lawfully perform the duties required by this Agreement including transportation, operation of the Site and disposal of Biosolids in accordance with legal requirements.
1.4. Site means the Contractor's permitted Site located at 14045 Holloway Road, Lost Hills, California.
1.5. Plant means the Waste Water Treatment Plant located at 1701 West Huntsman Ave, Reedley, California 93654.
2. BIOSOLIDS REMOVAL TRANSPORTATION AND DISPOSAL
2.1. The Contractor shall remove and transport Biosolids from the Plant to the Site. The Contractor shall properly dispose of the Biosolids at the permitted Site in accordance with the terms of this Agreement.
2.2. The Contractor shall remove from the Plant and transport to the Site for disposal a quantity of Biosolids of approximately 2000 wet tons per year at the request of the City.
The Contractor shall remove Biosolids as requested by the City on a timely basis. The time schedule for removing Biosolids will be as required by the City in its operation of the Plant and reasonable notification to the Contractor.
2.3. The Contractor shall provide one trailer staged at the Plant at all times and truck tractor/trailer(s) for hauling Biosolids to the Site. Upon special request from the City, the Contractor shall also provide an extra trailer for staging at the Plant for the additional fee listed below (Section 6.2.). Trailers shall be capable of properly collecting Biosolids at the Plant's dewatering station and safely containing the Biosolids during transportation to the Site. City personnel will fill trailers at the Plant with Biosolids.
2.4. The Contractor shall properly dispose of all Biosolids and perform all services in a workmanship like fashion full in accordance with applicable legal requirements.
2.5. The City shall exercise reasonable efforts to load trailers with 24 tons of Biosolids.
2.6. The Contractor shall weigh and obtain Weighmaster's Certificates for each load of Biosolids removed from the Plant at a certified and calibrated Scale. Such weights shall serve as the basis for the Contractor billing the City for services performed.
3. PERMITS
3.1. The Contractor shall, at no cost to City, obtain and maintain in effect all necessary licenses, Permits, and other approvals legally required in order to perform all activities and operations provided for in this Agreement. The Contractor and all process utilized at the Site shall comply with all applicable local, state, and federal laws, rules, regulations, and pronouncements including but not limited to the following.
4. SITE INSPECTION
4.1. The Contractor shall grant the City and its representative's access to the Site upon request. The City shall not be required to give advance notice of such inspections to the Contractor.
5. COMPOSITION OF BIOSOLIDS
5.1. The City warrants that all Biosolids delivered to the Contractor will be classified as nonhazardous under Title 22. Division 4.5 Chapter 11. Article 3 of the California Code of Regulations and will meet all applicable Federal Part 503 Rule minimum quality standards for Biosolids.
6. FEE FOR BIOSOLIDS REMOVAL, TRANSPORTATION AND REUSE
6.1. The City shall pay to the Contractor for Biosolids removed from the Plant, a combined transportation, gate fee (tipping), and disposal fee of $53.50 per wet ton.
6.2. Upon written request by the City, the Contractor may provide an additional staged trailer for a rental fee of $1,200.00 per month, for a period not to exceed three (3) months. In the event the trailer remains in service beyond the initial three-month period, the City shall pay the Contractor a combined transportation, gate (tipping), and disposal fee of $55.00 per wet ton for any material processed thereafter. No additional monthly rental fee shall be due while this per-ton fee is in effect.The Contractor shall submit invoices to the City on a monthly basis and the City shall make payment within thirty (30) days of receipt.
6.3. The wet ton price can be adjusted in accordance with Bureau of Labor Statistics Consumer Price Index (CPI), All Items, Los Angeles Area, on an annual basis per the request of the Contractor. Contractor shall provide 30 days' notice of the rate increase and also provide documentation of the CPI adjustment percentage.
7. INSURANCE
7.1. The Contractor shall obtain and keep in force during the term of this Agreement at its sole expense, comprehensive general liability insurance with the City as a named insured or with endorsement naming the City as an additional insured with Contractor covering all activities and operations undertaken in accordance with this Agreement including the transportation of Biosolids in any vehicle, including those leased by the Contractor. The coverage must provide the following minimum limits:
Automobile Liability:
Bodily injury
Property
General liability:
Bodily injury
Property
$2,000,000 each person
$2,000,000 each occurrence
$2,000,000 aggregate product and
completed operations
$2,000,000 each occurrence
$2,000,000 aggregate
$2,000,000 each person
$2,000,000 each occurrence
$2,000,000 aggregate product and
completed operations
$2,000,000 each occurrence
$2,000,000 aggregate
All liability insurance policies must bear an endorsement or have an attached rider that provides that, in the event of expiration, proposed cancellation, or reduction in coverage of the policies for any reason whatsoever, the City will be notified by certified mail, return receipt requested, at least ten (10) days before expiration, cancellation, or reduction in coverage is effective.
8. TERM OF AGREEMENT
This Agreement will become effective on August 1, 2025, and shall continue in effect for a period of three (3) years. The Parties may extend the term of the Agreement on a year-toyear basis upon the written agreement of the Contractor and the City, and will be subject to any annual CPI adjustment as noted in section 6.3.
9. ADDITIONAL PROVISIONS
9.1. Entire Agreement. This Agreement represents the entire agreement and understanding between the City and the Contractor as to those matters stated in this Agreement. No prior oral or written understanding is of any force or effect in regard to any matter covered by this Agreement.
9.2. Governing Law. The provisions of this Agreement will be interpreted and enforced in accordance with the laws of the State of California.
10. NOTICE
Any notice, payment or instrument required or permitted to be given under this Agreement will be deemed received upon a signed receipt of personal delivery or seventy-two (72) hours after deposit in any United States Post Office registered or certified postage and addressed to the Party for who intended as follows:
TO THE CITY:
City of Reedley
Attn: Russ Robertson
Public Works Director
1733 9th Street
Reedley, CA 93654
TO THE CONTRACTOR:
Holloway Environmental Solutions, LLC.
Attn: Jeremy Bowman
Senior Vice President, Director of Environmental Operation 5060 California Ave., Suite 710
Bakersfield, Ca 93309
Authorized signatures of the parties:
CITY OF REEDLEY
By:---------
Nicole Zieba, City Manager
HOLLOWAY ENVIRONMENTAL
SOLUTIONS, LLC.
By:---------
DATE: June 24, 2025
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 8 ---
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
ENCROACHMENT AGREEMENT WITH ALTA IRRIGATION DISTRICT FOR THE VESTING TENTATIVE SUBDIVISION MAP NO. 6488 PROJECT
SUBMITTED: Marilu S. Morales, P.E. 1 l
City Engineer JA
APPROVED: Nicole Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City of Reedley City Manager to enter into an Encroachment Agreement with Alta Irrigation District (AID) for the Vesting Tentative Subdivision Map No. 6488 (VTSM 6488) Project (Project).
EXECUTIVE SUMMARY
AID has an existing pipeline running in the north south direction along the west side of Buttonwillow Avenue that turns and heads east on the south side of Duff Avenue. The Project will install a new 15" sewer main that will cross under the existing AID pipeline, which requires that an encroachment agreement be executed with AID. The developer is required to install the pipeline in order to provide sewer services to the proposed subdivision. Staff is requesting that City Council authorize the City of Reedley City Manager to execute 2 original sets of the Encroachment Agreement with AID to authorize the sewer main work within the Al D easement. The timeline for construction is unknown at this time as it is dependent on the developer of VTSM 6488, however, the developer is proactively acquiring the AID encroachment permit so as to not delay construction operations in the future.
FISCAL IMPACT
There is no fiscal impact for this item as the developer is responsible for the fees associated with acquiring the AID encroachment permit.
ATTACHMENTS
1. Alta Irrigation District Encroachment Agreement
RECORDING REQUESTED BY
ALTA IRRIGATION DISTRICT
AND WHEN RECORDED RETURN TO:
ALTA IRRIGATION DISTRICT
289 NORTH L STREET
DINUBA, CALIFORNIA 93618
-NOFEEBenefit of Alta Irrigation District
Pursuant to Government Code § 6103
SP ACE ABOVE THIS LINE FOR RECORDERS USE ONLY
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT (this "Agreement") is made and entered into this __ day of ____________ , 202_ (the "Effective Date"), by and between ALTA IRRIGATION DISTRJCT, a California Irrigation District (the "District") and THE CITY OF REEDLEY, a California Incorporated city (the "Landowner"). The District and Landowner are sometimes collectively referred to in this Agreement as the "Parties" or singularly as a "Party" or by their individual names.
RECITALS
A. WHEREAS, the District has prior rights and was formed on August 14, 1888 for the purpose of delivering surface water from the Kings River to landowners in the Counties of Fresno, Kings, and Tulare; and
B. WHEREAS, the District is a California Irrigation District organized and existing under and by virtue of the Irrigation District Law, Division 11 of the California Water Code; C. WHEREAS, the District must have full access to and control over its facilities and the operation thereof, so the District may have to take possession and control of any improvements in the District's right-of-way to prevent damage to those facilities or impairment of the operations thereof;
D. WHEREAS, the District holds in fee title or an easement and right-of-way for ditches, canals, pipelines, and other water conveyance facilities known as the Buttonwillow Pipeline ("District Property"); and
E. WHEREAS, the Landowner desires to obtain from the District, and District is willing to grant to Landowner the right to encroach upon the District Property as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties hereby agree as follows:
City of Reedley
Buttonwillow Pipeline Page 1 of 8 11002401 - 2024
1. Right to Encroach. For consideration, and subject to the terms and conditions of this Agreement, the District hereby grants to the Landowner the right to place and maintain one (1) sub terranean crossing ("Encroachment").
2. Encroachment. The authorized E ncroachment is limited to one (1) subterranean crossing of approximately thirty-two (32') linear feet of fifteen (15") inch ductile Iron sewer main, encased in approximately twenty-three (23') linear feet of twenty-eight (28") inch outside diameter steel casing pipe. Crossing at approximately ninety (90) degrees to the centerline of Buttonwillow pipeline and maintaining a vertical separation of about eighteen (18") inches below District pipeline from outside of pipe to outside of pipe, canals, or structures for District facilities associated with the District Property. Encroachment will maintain its configuration for the full width of the District Property described in Exhibit "A", attached hereto and incorporated herein by this reference. Exhibit "B", attached hereto and incorporated herein by this reference, is a tabular summary of key parameters associated with the Encroachment. Improvements not authorized under this Agreement include, but not limited to, the following: signage, any poles, guy wires, trees, deep rooted vegetation, valves, valve boxes, vents, or any other improvements altering District operations or maintenance activity.
3. Location. The Encroachment is permitted on an alignment, across District Property, located approximately thirty (30) feet south of the intersection of E. Duff Avenue and S.
Buttonwillow Avenue.
4. Cost and Fee. Landowner acknowledges and agrees to pay, in full as part of the execution of this Agreement, an encroachment fee of Four Hundred Dollars and No Cents ($400.00) per each crossing. Encroachment fee will accompany two (2) signed originals of this Agreement. If payment is not provided with the signed original, then execution of this Agreements will be delayed.
5. Limitations; Obligations.
(a) The exercise by Landowner of its rights pursuant to the Agreement is subject to the right of District to the full and beneficial use and enjoyment of the District Property. Landowner shall not in any way interfere with or disrupt District's use of the District Property.
(b) Prior to placement of the Encroachment, Landowner, at its sole cost and expense, shall obtain all necessary permits, licenses, authorizations, approvals or other governmental dispensations required to proceed with Landowner's activities pursuant to this Agreement.
( c) Landowner shall ensure that all activities performed on District Property with respect to the E ncroachment is performed (i) in conformance with all applicable federal and State laws and regulations, and (ii) in a good and workmanlike manner. ( d) Landowner shall promptly pay all claims, especially those secured by a mechanic's or materialman's lien against the District Property or any interest therein, for City of Reedley
Buttonwillow Pipeline Page 2 of 8 11002401 - 2024
labor or materials furnished or alleged to have been furnished to or for Landowner at or for use on the E ncroachment thereto.
6. Placement, Maintenance and Repair. Landowner shall not enter the District Property for any reason, including the installation, placement, maintenance, or repair of the Encroachment, without the prior written consent of the District. Furthermore, Landowner shall not install or place the Encroachment until the manner of placement, the plans and specifications for such placement, and the description of materials to be used have been submitted in writing to the District, and have been approved in writing by the District. The placement, installation, maintenance, repair, and replacement of the Encroachment shall be at the sole cost and expense of the Landowner. In no event shall the District be responsible for any damage to such Encroachment, whether caused by District maintenance and cleaning operations, or otherwise.
Landowner further agrees at all times to keep the E ncroachment in a state of good and safe repair, at Landowner's sole cost and expense. Moreover, Landowner shall be responsible for all costs and expenses associated with replacing, restoring, or relocating the Encroachment if District, at the sole discretion of District, repairs, replaces, updates, relocates or maintains District facilities or the District Property.
Notwithstanding anything else to the contrary in this Agreement, District shall at all times have the right (but not the obligation) to stop the use of the Encroachment if District determines it to be in an unsafe condition. Upon such cessation and at Landowner's sole cost and expense, Landowner shall take actions determined by the District to be necessary to bring the Encroachment into a good and safe condition. If within a reasonable time Landowner fails to take such necessary actions to bring the Encroachment into a good and safe condition, then District may terminate Landowner's rights under this Agreement by providing notice to the Landowner of such termination.
7. Inspection. Landowner agrees to notify the District's Staff at least two (2) business days before Work commences within the District's Property. At the Landowner's sole cost and expense, the District may inspect the Work to ensure that the Project, as built, conforms to the Plans and Specifications. Such inspections may extend to all phases of the Work, including, but not limited to, the preparation of materials to be used. Failure of the District to detect any deviation from the Plan and Specifications, deficient materials or workmanship or any other defects in the Work shall not (i) release the Landowner or Contractor from any obligation to correct such defects or from any liability resulting therefrom, or (ii) impose any liability on the District.
8. Rights Not Exclusive. The rights granted herein by the District are not exclusive and shall not in any way interfere with District's use of the District Property. The District reserves the right to the full and beneficial use and enjoyment of the District Property for any and all District purposes. To maintain District facilities, District shall have the right to us e any E ncroachment placed, maintained, or constructed. Landowner shall construct, operate, or maintain the E ncroachment in a manner that does not diminish or restrict the ability of the District to use District Property for any District purpose and Landowner shall have no right to encroach upon the District Property other than as expressly granted by the District pursuant to this Agreement.
City of Reedley
Buttonwillow Pipeline Page 3 of 8 11002401 - 2024
Landowner shall have no right to increase the extent of the encroachment into the District Property as granted within this Agreement, without the express written authorization of the District.
9. Term. The term of this Agreement shall be ten (10) years, commencing on the Effective Date of this Agreement and ending on the tenth (10th) anniversary thereof. After the initial ten (10) years, the term of this Agreement is automatically extended for additional one (1)- year terms, unless at least thirty (30) days prior to the end of the previous term either Party gives written notice of termination. Notwithstanding any other provision in this Agreement to the contrary, it is understood and agreed by both Parties that the rights granted hereunder are permissive in character, and that the District shall have the right to terminate the right to encroach granted hereunder in the sole and exclusive judgment of the District whenever the District determines it is necessary to do so to protect the interests of the District or the public, or to protect and preserve the property or facilities of the District. Notwithstanding the above, District may terminate this Agreement upon the termination of use or abandonment of the Encroachment.
Abandonment shall occur upon the non-use of the Encroachment for one (1) year. Upon any termination of this Agreement, Landowner shall promptly stop the use of and remove said Encroachment from the District Property, at Landowner's sole cost and expense.
10. Indemnity; Liability Insurance. Landowner agrees to indemnify, defend, and hold the District and its directors, officers, employees, agents and consultants, harmless from and against any and all claims, demands, losses, obligations, damages, liabilities, causes of action, costs, and expenses (including without limitation, reasonable attorneys', paralegals, and other professionals fees and costs) arising out of or in connection with any rights granted herein, the placement of the Encroachment as permitted by this Agreement, or its use, operation, maintenance, or repair, including, without limitation, all damage to property of the Landowner or District, District utilities, and personal injury and property damage to third parties.
Landowner shall procure and maintain for the duration of the contract, Commercial General Liability (CGL) insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Encroachment, condition of the District Property, and any improvements thereon. Coverage shall be at least as broad as Insurance Services Office (ISO) Form CG 0001 covering on an "occurrence" basis, with limits no less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The District and its directors, officers, employees, agents and consultants, are to be covered as additional insured's on the CGL. Upon demand, at the sole discretion of the District, and as a condition to the continued exercise of the rights granted hereunder, Landowner may be required to provide the District with a certificate of such insurance naming the District and its directors, officer, employees, agents and consultants. The insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice (10 days for nonpayment) has been provided to the District.
11. Notices. All notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by City of Reedley
Buttonwillow Pipeline Page 4 of 8 11002401 - 2024
regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this Section 11. The addresses and addressees noted below are that Party's designated address and addressee for delivery or mailing of notices.
To District:
To City:
Alta Irrigation District
289 North L Street
Dinuba, California 93618
Telephone: (559) 591-0800
City of Reedley
Engineering Department
1733 9th Street
Reedley, CA 93654
Telephone: (559) 637-4200
Either Party may, by written notice to the other, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3) days after the postmark date. If sent by regular mail, the notice shall be deemed given forty-eight ( 48) hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery to the Postal Service or courier. If notice is received after 4:00 p.m. or on a Saturday, Sunday, or legal holiday, it shall be deemed received on the next business day.
12. Entire Agreement. This Agreement and items incorporated herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
13. Amendments. No provisions of this Agreement may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized by representatives of both Parties.
14. Successors. The terms, covenants, and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators and assignees of the respective Parties.
City of Reedley
Buttonwillow Pipeline Page 5 of 8 11002401 - 2024
15. Assignment. Landowner may assign any or all of his or her rights under this Agreement, provided that Landowner shall remain directly liable to the District for the performance of any and all provisions of this Agreement or any agreement relating hereto.
16. Governing Law. This Agreement and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of California (without giving effect to any choice of law principles).
17. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement shall not be affected.
18. Headings. The subject headings of the sections of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
"District"
ALTA IRRIGATION DISTRICT, a
California Irrigation District
By:------------
] ack Brandt, President
By:------------
Chad B. Wegley, Secretary
City of Reedley
Buttonwillow Pipeline
"City"
CITY OF REEDLEY, a
California Incorporated City
By:------------
Nicole R. Zieba, City Manager
EXHIBIT "A"
Real property in the County of Fresno, State of California, described as follows:
T he West 20 feet of the East 32 feet of Lot 1 of Tract 11 97, Wiens Subdivision, in the County of Fresno, State of California, according to the map thereof recorded in book 15, page 44 of Plats, in the offic e of the County Recorder of said County.
City of Reedley
Buttonwillow Pipeline Page 7 of 8 11 002401 - 2024
City of Reedley
Buttonwillow Pipeline
EXHIBIT "B"
Encroachment Owner
Type of Encroachment
Purpose of Encroachment
Ditch Crossing
Diameter / Size
Minimum Vertical Separation
Latitude @Lateral Entrance
Longitude @ Lateral Entrance
Latitude @ Lateral Exit
Longitude @ Lateral Exit
City of Reedley
Subterranean Steel Casing
City Sewer Line
Buttonwillow Pipeline
28"
1. 5 feet below
36.593241 °
-119.43091 7°
36.593153°
-11 9.43091 7°
11002401 - 2024
REEDLEY CITY COUNCIL
DATE: June 24, 2025
[:8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: q ---
TITLE: APPROVE LIST DECLARING VEHICLES AND EQUIPMENT AS SURPLUS SUBMITTED: Heather Kredit, Senior Management Analystk
REVIEWED: Russ Robertson, Public Works Directo;Jft'
APPROVED: Nicole R. Zieba, City Manager ~
RECOMMENDATION
It is recommended that the City Council approve the listed vehicles and equipment declaring them as surplus. City policy requires the Council approval for all equipment and vehicles valued at over $1,000 before they can be surplused.
EXECUTIVE SUMMARY
Staff is requesting that the following vehicles and equipment be declared as surplus:
Ford
VIN: 3FA6P0PUXGR187679
Year: 2016
Model: Fusion Energi SE
This unit is beyond its useful life and will placed out of service.
Ford
VIN: LSG-575-6005-A
Year: 2000
Model: Cummins 1 00ENBA Natural Gas Stationary Generator This unit is obsolete and has been replaced .
Chevrolet
VIN: 1GNFC13067J251913
Year: 2007
Model: Tahoe
This unit is beyond its useful life and has become too costly to repair.
Sulivan Palatek
VIN:22408 D185Q
Year: 2007
Model: Diesel Compressor
This unit is beyond it's useful life and has become too costly to repair.
Macro Paver
VIN:160400
Year: 2016
#3 Slurry Seal Machine
This unit will be replaced with a smaller more efficient one.
Polaris
VIN#3NSRMA505HE899403
Year:2017
RGR 500
This unit is beyond its useful life and has become too costly to repair.
FISCAL IMPACT
Revenues generated from the sale of surplus property will revert back to the appropriate City Department funds.
DATE:
TITLE:
June 24, 2025
REEDLEY CITY COUNCIL
~ Consent Calendar
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 10 ----
CONSIDERATION OF ITEMS PERTAINING TO THE CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN:
(A) ADOPT BUDGET AMENDMENT RESOLUTION NO. 2025-042 AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE AVAILABLE FUNDS IN THE AMOUNT OF $550,770 FOR THE UTILITY MASTER PLAN (B) ADOPT RESOLUTION NO. 2025-043 APPROVING AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR UPDATING
THE CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN
SUBMITTED: Marilu Morales, P.E. \ \
City Engineer J"';
APPROVED: Nicole Zieba
City Manager
RECOMMENDATION
Staff recommends that the City Council take the following actions:
(A) Adopt Budget Amendment Resolution No. 2024-042 amending the fiscal year 2024-2025 budget to appropriate available funds in the amount of $550,770 for the Utility Master Plan. (B) Adopt Resolution No. 2025-043 approving and authorizing the City Manager to enter into a professional services agreement with Akel Engineering Group, Inc. for updating the City of Reedley's Integrated Utility Master Plan.
EXECUTIVE SUMMARY
Staff is requesting that the City Council adopt Budget Amendment Resolution No. 2024-042 in the amount of $550,770 to fully fund the update to the City of Reedley's Integrated Utility Master Plan for potable water, sanitary sewer and storm drainage system including professional services and minor contingency. The utility master plan update is being funded by development impact fees for storm drainage, wastewater facilities and water facilities.
In conjunction with the requested budget amendment, staff is requesting that Council adopt Resolution No. 2025-043 authorizing the City Manager to enter into a professional services agreement with Akel Engineering Group, Inc. for professional services for a fee not to exceed $524,543. Staff is requesting an additional 5% contingency of $26,227 for any unforeseen items, to bring the total appropriation request to $550,770.
BACKGROUND
The update to the City of Reedley's Integrated Utility Master Plan will update the 2014 Integrated Master Plan for potable water, sanitary sewer and storm drainage systems to support existing and future asset management, emergency management, large scale project planning, financial viability and future capital improvement projects. Through the update an evaluation will be performed on the City's water supply, the infrastructure needs for water, sewer and storm water, upgrades needed to meet the infrastructure needs and a plan to complete the required upgrades over a 30-year time horizon. The consultant will review the existing water, sewer and storm drainage systems, project future water demands and wastewater and storm water flows, review water treatment requirements, develop planning and analysis criteria, analyze the utility systems and develop a capital build-out and improvement program.
The Engineering Department in conjunction with the Public Works Department issued a request for proposals (RFP) in September of 2024 for interested firms or individuals to update the City of Reedley's Integrated Utility Master Plan. Only one proposal was received and the proposal was over the anticipated budget amount for the plan. Staff decided to allow some time to pass before rereleasing the proposal to see if more consultants would have availability to prepare a proposal. The request for proposals was re-released at the end of April 2025 and staff performed outreach to various consultants to inform them of the RFP. Two proposals were received from interested firms for the master plan. The proposals were reviewed and scored by various staff members, staff reached out to references for both consultants and the two firms were interviewed by the City's selection committee who selected Akel Engineering Group, Inc. to update the Integrated Utility Master Plan.
The selected consultant will provide the services as listed above with the update commencing in July of 2025. The plan is anticipated to take approximately 15 months to complete, however, depending on the weather in the winter the duration of the update may be extended if it is a dry season.
FISCAL IMPACT
The professional services will be paid through development impact fees for storm drainage, wastewater facilities and water facilities funding.
ATTACHMENTS
1. Budget Amendment Resolution No. 2025-042
2. Resolution No. 2025-043
3. Professional Services Agreement with Akel Engineering Group, Inc.
BUDGET AMENDMENT
RESOLUTION 2025-042
The City Council of the City of Reedley does hereby amend the 2024-25 Budget as follows:
SECTION I - ADDITIONS
Account Number
1 04-427 4. 6120
105-4275.6120
111-4281.6120
Total
Account Description
Master Plan Update
Master Plan Update
Master Plan Update
Amount
$ 183,590
$ 183,590
$ 183,590
$ 550,770
Purpose: Update the City of Reedley's Integrated Utility Master Plan for Potable Water, Sanitary Sewer and Storm Drainage Systems
SECTION II - SOURCE OF FUNDING
Account Number
104-2710
105-2710
111-2710
Total
Account Description
DIF Storm Drain Fund Balance $
DIF Wastewater Facilities Fund Balance $
DIF Water Facilities Fund Balance $
$
Amount
183,590
183,590
183,590
550,770
Impact: Sufficient funds in DIF Storm Drain, Wastewater Facilities and Water Facilities fund balance REVIEWED:
f<.e~ t>L1&-t2...-sAssistant City Manager
The foregoing resolution was approved by the City Council of the City of Reedley on this 24th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
RESOLUTION NO. 2025-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY
APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH AKEL ENGINEERING GROUP, INC. FOR UPDATING THE CITY OF REEDLEY'S INTEGRATED UTILITY
MASTER PLAN
WHEREAS, the City of Reedley issued a Request for Proposals for qualified firms or individuals with demonstrated experience in preparing Utility Master Plans for Potable Water, Sanitary Sewer, and Storm Drainage Systems; and
WHEREAS, the City received, reviewed, and scored two responses from qualified engineering firms; and
WHEREAS, the City's selection committee interviewed the two engineering firms; and WHEREAS, Akel Engineering Group, Inc. was the selected firm to perform these services for the City of Reedley; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Reedley, using their independent judgment, hereby approve Resolution No. 2025-043 based on the following:
1. That the above recitals are true and correct.
2. That the City Council authorizes the City Manager, or her designee, to sign and execute a professional services agreement with Akel Engineering Group, Inc. in the amount of $524,543.
3. That the City Manager or her designee, is hereby authorized to sign any addendums to the professional services agreement that shall not exceed 5% or $26,227 without prior approval of the City Council.
4. This professional services agreement entered into shall be effective from the date of execution by the City Manager until the completion of the master plan.
5. This resolution is effective immediately upon adoption.
The foregoing resolution is hereby approved at a regular meeting of the City Council of the City of Reedley held on the 24th day of June 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Matthew Tuttle, Mayor
ATTEST:
Ruthie Greenwood, City Clerk
PROFESSIONAL SERVICES AGREEMENT
This Agreement, entered into this __ day of ________ , 2025, by and between the CITY OF REEDLEY, hereinafter referred to as the "CITY", and AKEL ENGINEERING GROUP, INC. hereinafter referred to as the "CONSUL TANT".
WITNESSETH
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions, and WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as "Scope of Services" in Exhibit "A", for the Professional Services for updating the CITY OF REEDLEY'S INTEGRATED UTILITY MASTER PLAN hereinafter referred to as the "PROJECT"; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONSUL TANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSUL TANT
A. Authorized Scope of Services: The CONSUL TANT agrees to perform all services necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit "A" - Scope of Services, for the cost identified in Exhibit "B" - Cost Proposal.
B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit "A" may be needed during the performance of this Agreement. The CONSUL TANT agrees to provide any and all additional services at the rates identified in attached Exhibit "B" - Cost Proposal - Rate Schedule. Such additional services shall not be performed by CONSUL TANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSUL TANT shall commence performance of this Agreement within ten (10) days following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit "A", unless otherwise extended in writing by CITY, in its sole discretion.
If the CONSULTANT fails to complete the Scope of Service within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent
of each work item completed and shall pay the CONSUL TANT on that basis.
CONSUL TANT shall not be responsible for delays which are due to causes beyond the CONSULTANT'S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties, but CONSUL TANT shall not be entitled to additional compensation as a result of such delay.
Ill. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSUL TANT agrees to accept, as payment in full on an actual cost plus fixed fee basis, a sum not to exceed
FIVE HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED FORTY
THREE DOLLARS AND ZERO CENTS ($524,543.00) in accordance with Exhibit 8. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for the Scope of Services as identified in Exhibit "A".
8. Payment of Compensation: The CONSUL TANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any. All billings shall be subject to verification and approval by the CITY.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The City Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Reedley is specifically required.
8. CONSUL TANT: Tony Akel shall represent and act as CONSUL TANT in all matters pertaining to the services to be rendered by it under this Agreement.
V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised by either party, without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSUL TANT specifying the effective date thereof, immediately terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSUL TANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSUL TANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, another party to complete the services under this Agreement.
2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSUL TANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event of the failure to perform is caused by the default of a subconsultant, the CONSUL TANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSUL TANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement. The use of all finished and unfinished work product shall be in accordance with Section XI, Documents and Data.
4. Upon termination, with or without cause, CONSUL TANT will be compensated for the services satisfactorily performed to the date of termination according to compensation provisions contained herein; provided that, upon termination for cause, the CITY may withhold such amount as the CITY deems appropriate to compensate the CITY for costs or damages incurred as a result of the
CONSUL TANT's default. In no event, shall the total compensation paid CONSUL TANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement for cause, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
8. The CONSUL TANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSUL TANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSUL TANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSUL TANT shall not subcontract or otherwise assign any portion of the services to be performed under this Agreement without the prior written approval of the CITY.
B. Without limiting Paragraph A, in no event shall the CONSUL TANT subcontract services in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project described in this Agreement.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSUL TANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSUL TANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSUL TANT in the performance of said services hereunder.
The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the services specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSUL TANT will be at CITY's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSUL TANT's deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSUL TANT prior notice and has received from CONSULTANT written consent for such changes.
8. Publication: No report, information, or other data given or prepared or assembled by the CONSUL TANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSUL TANT without the prior written approval of the CITY. Notwithstanding the foregoing, however, the CONSUL TANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSUL TANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
XII. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, CONSUL TANT shall indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or damages arising directly out of CONSUL TANT's negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligent acts of CITY.
8. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSUL TANT shall indemnify, defend (at CITY's option), and hold
harmless CITY, its elected and appointed officers, agents, employees, representatives, and designated volunteers from and against any and all claims, demands, defense costs, liability, or damages of any kind or nature arising out of or in connection with CONSUL TANT (or CONSUL TANT's subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligent acts of CITY.
C. Without limiting CITY's right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers' Compensation insurance as required by California statutes, and Employer's Liability Insurance in an amount not less than Two Million Dollars ($2,000,000).
2. Commercial general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence.
Such insurance shall include coverage for Premises and
Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than Two Million Dollars ($2,000,000).
4. Comprehensive automobile liability insurance coverage, in an amount not less than Two Million Dollars ($2,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
D. The City Manager is authorized to reduce or modify the requirements set forth above in the event he/she determines that such reduction is in the CITY's best interest.
E. Each insurance policy required by this Agreement shall contain the following clause:
"This insurance shall not be canceled, any change in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Reedley, 845 G Street, Reedley, CA 93654." The clause shall not contain "shall endeavor," best efforts or similar qualifiers.
In addition, the Commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
"It is agreed that any insurance maintained by the City of Reedley shall apply in excess of and not contribute with insurance provided by this policy."
For the general liability and automobile policies only, the City of Reedley, its officers, agents, employees, representatives and designated volunteers are added as additional insured's as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Reedley.
F. Prior to commencing any work under this Agreement, CONSUL TANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSUL TANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSUL TANT's responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
G. In addition to any other remedies CITY may have if CONSUL TANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY, may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSUL TANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT
hereunder until CONSUL TANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSUL TANT's failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSUL TANT may be held responsible for payments of damages to persons or property resulting from CONSUL TANT's or its subcontractor's performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSUL TANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSUL TANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Caltrans-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSUL TANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSUL TANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSUL TANT arising therefrom.
B. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties of this Agreement without the written consent of the other party.
D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
E. Notices: Notice shall be sufficient hereunder if personally served upon the
City Clerk of the CITY or an officer or principal of the CONSUL TANT, or if sent via the United State Postal Service, postage prepaid, addressed as follows:
CITY OF REEDLEY
1733 Ninth Street
Reedley, CA 93654
Attn: City Clerk
AKEL ENGINEERING GROUP, INC.
7433 N. First Street, Suite 103
Fresno, CA 93720
Attn: Tony Akel
F. JurisdictionNenue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that State.
Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Fresno County, California.
The CONSUL TANT hereby expressly waives any right to move any action to a county other than Fresno County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSUL TANT.
H. Conflict with Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
I. Attorney's Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its reasonable attorney's fees and court costs incurred in the action brought thereon.
J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature
represents.
L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
AKEL ENGINEERING GROUP, INC.
a California limited partnership business
BY: ------------- Tony Akel
President
Attachments:
Exhibit "A": Scope of Services
Exhibit "B": Cost Proposal
CITY OF REEDLEY
a California municipal corporation
BY: ------------- Nico I e R. Zieba
City Manager
RECOMMENDED FOR APPROVAL
BY: ------------- Mari I u S. Morales, P. E.
City Engineer
EXHIBIT "A"
The Scope of Work (SOW} tasks which are described in this section shall be included in the Proposers SOW. The
Proposer may expand upon these tasks as needed to
prepare complete Water, Stormwater, and Sewer Uti lity
Master Plans based on their experience. ln addition, if there are tasks which t he Proposer believes should be part of the SOW, these tasks shall be included as optional tasks
SCOPE OF WORK
in their proposed SOW. The City expects the Proposer to identify the assumptions, work products, and City Input for each of the tasks described in this section of the RFP. The quantity of each delive ra ble will be addressed during final scoping, fee, and schedule negotiation. i:ask 1 \ >•Proje~! Management
Each Proposer shall include Project Management as one of the work tasks. The following Project Management description is the minimum project management requirements and may be expanded upon by the Proposer:
The Proposer shall act as a manager of the Proposer's team, including any Subconsultants. The Proposer shall manage and coordinate all components of the Project and take a proactive role in keeping all tasks on schedule and budget and ensure
timely completion of the Project. Proposer shall give prior notice to City, and obtain acceptance from same, before performing work outside the contract work scope and
thereby contract budget amount.
The Proposer shall ensure full coordination w ith City staff and be responsive to any email and telephone discussions, in addition to the minimum meetings as listed under various tasks in the scope of work. The Proposer shall be in contact with the City frequently enough to ensure a timely Clty Communication
The mostirnpqftant .
review of deliverables. The Proposer is expected to work with all stakeholders in a responsible manner.
The Proposer shall organize a kickoff meeting with City staff:
• Define project goals and objectives
• Outline project and management approach
" Identify roles and responsibilities
" Confirm scope and schedule
P,ke! Engineering Group, !11c City of Reedley
Proposal fnteqmted Uii!ity Moster Plan
Proposer shall prepare all project related agendas and meeting minutes. All agendas and t he supporting information shall be distributed via emails to the City Engineer at !east three (3) business days prior to any meetings, except draft reports for which sha ll be submitted at least five (5) business days ahead of the meetings.
Meeting minutes sha ll be distributed to all attendees and any other identified parties within five (5) business days of the meeting date.
Submit a summary report of work completed by sub-tasks for the invoice period with each invoice. Indicate each individua! 1
s time spent on each sub-task for the invoice period. Alert the City if any issues or concerns may affect t he progress and/or cost of t he project.
Task 2 - Resburce Documents and Data Review
Proposer shall review the City's current Water, Stormwater, and Sewer Master Plans and all City resource documents
and data provided by the City. Proposer shall also review current water, stormwater, and sewer system information (mapping, water supply, pumping and storage volumes,
hydraulic models, and other pertinent data). The Proposer shall develop a list of additional information in t he form o-f a request to the City for any additional documents or data that may be useful in the development of t he mast er plans.
Tas'k 3..,... Fatilities Inventory-- ExistingiSyste .... mDes .• •.•···.c.· riptibn ' .. ' ;'. .. :, •. - ,: ,.-,,,: .,,. ,· ... _ .:-. . ~--. ·-. . .. ;: . :-:·_,. .
Available Data and GIS
·· .. On ·.the.:·
Proposer shall prepare water, storrnwater, and sewer syst em descriptions to inclu de, at a minimum:
~ System background
~ Current and future service area descriptions and boundary definition ~ Existing pressure zone characterization and boundary definitions ~ Future pressure zone characterization, establish new pressure zone nornenc!ature for " existing and future pressure zones, and boundary definitions Ake! Engineering Group, Inc City of Reedley
Proposol· )nteqruled UU!ity Master Plan
• Inventory of existing facilities (source and treatment, water rights, reservoirs, pumpstations, pressure
reducing valves, transmission and distribution piping1
hydrants1 stormwater pipe network, watershed and
drainage facil ity data, discharge points, existing
basins, stormwater pumps, sewer treatment
capacity1 system and provider 1 force mains,
collection piping, monitoring and alarm systems and
existing private pumping and treatment systems)
System Characteristics
This sectiondocumentsthe ·
task 4_; City w~.t. er,'.·. stormwaJ~r, anti Sewer Proiec'ts and Developm~ht At~ .. ivi.t.v.·••· - - _-:,.:,. - :.,·- .,._, . -::?-- ,.·: -.- ::.,:·/··.:: .,=· ,.:,:_: __ ._,,;. •- -:_:;: . -- :d:: ·=:-: :::,: :-'·· ... ::=:-:-.- .-., .. ·-.:.. . .. ,.,.,_, _., : .•. --~----='·':'·\; Proposer shall work with City staff to develop understanding of existing City Water1 Storrnwater, and Sewer Projects and Development Activity. This indudes1 but not limited to the following:
Review completed and in-progress CIP projects
Water 1 Stormwater and Sewer line replacement
programs
Regional Groundwater Sustainability Project
(recycled water project)
Industrial Zone Development activity and outlook
Commercial Zone Development activity and outlook
Residential Development activity and outlook
Development Activity and
Outlook ·
City Road Improvement Projects and their impact on water main, storm drain main and sewer main replacement projects
Summarize a list of additiona l improvements that are or will be needed Surrimarize previously recommended irnprovements that are no longer needed Task 5 7 U~dat~iPop~lation, WaterDerhanH~hd·Sthr~Water ~tbFag;an~ fv((ii~t~W?J1er :-,:,,:;;_ :.· . ··t;.,,., , .. , ,-/:)-, _,,;::},. ·;.:y:;: ····,: • ,:.::-·=:-•:: ·-::. ;, :_:- ... ::;,;,:(':••·'··:· · .• -$:· '··,.:_,.:,- :,.; Flow Estimates and Forecast. Prepare an updated forecast of population, water demand1 storrnwater storage and
wastewater flows for a 30-year planning horizon. The City anticipates using three (3) population growth scenarios defined as low growth, moderate growth, and high growth.
These scenarios will be used for estimating population
forecasts, water demands, stormwater storage and
wastewater flows. Proposer shall summarize current water Growth Forecasting
demands, and wastewater flows based on available water production/purchase and customer Ake! Englne1ning Group, inc ?.3 City of Reedley
Proposol fnteqmted Utility ivioster Pian
billing data. Forecast future water requirements based on available land use information and current water use by customer type for t he three growth scenarios. Review projected future water, stormwater and sewer requirements for consistency with other City planning documents and anticipated development time!ines.
Task 6 :: Water Supply Analysis Water Supply Portfolio
Building on t he City's Urban Water Management
Plan, the Proposer shall prepare an analysis of the
City's long-term water supply needs and develop a
strategy for meeting water supply goals (capacity,
reliability, redundancy, etc.). The analysis shall
address wate r rights, participation in regional water
supply development, capacity of existing wells, and
evaluation of emergency intertie usage. The proposer
wi ll assist the City in updating its water supply
strategy to meet current and future water demands.
Water supply planning is critical,
Proposer shall review and update capacity and performance criteri a for evaluating source and distribution facilities including:
~ Source capacity, redundancy and quality
"' Storage capacity
"' Booster pumping capacity and redundancy
"' Service pressure ranges under normal and
emergency conditions
I) Required fire flow capacity
Ta,sk 8 0 .. Water ar,d \(\/aste"Vater ~ysteill Mod~l Softtvare Evaluation and Selection
The City's current hydraulic model is a combination of the EPA's SWMM model and Excel spreadsheets and was used
to develop the City's Water and Sewer Master Plan
Updates, The Proposer shall work with City Staff to
determine if it is in the best interest of the City to consider updating to a different model software for each systern. ln addition, the Proposer shall work with City staff to
Performance Criteria
Criteria.will b8f evieW.ed.arid .
· '' c:1ea;
Hydraulic Software
. W..e .. wiUproyidE3. .. staffWiJh
........
.. be····tl'
City of Reedley
Proposol·· inteqraled Utility Master Plan
~ Evaluate and recommend changes in design and construction standa rds and standard drawings to update the existing City Standards and Specifications for C!P and development projects consistent with current best practices and surrounding water provider agencies.
Jask 11 - wa.~tewa,er syst~mDat~Collection by Temporary Sewer Flow Flow·iytbnit~ring and Dat~,~n~ly~i~ ~~~.it?,;?~t'(J.f'lrn< ... · ... · ·. ··.· ..
Proposer shall collect flow data and available rainfall data for representative areas within the City's
wastewater collection system and shall provide
mon itoring and documentation of fl ows necessary to
calibrate the sewer system model. Given current
drought conditions it may be necessary to develop
wet·weather flow assumptions based on limited
historic data or data from a neighboring agency.
Thf fl9\J\l 1]1QpiJg[Jngpfi?gr~:m yvjll
T~s1< .1i±±t~liBt~ie;.wastewaJert$yste11"1:;~HydrJu1ic,•: l\llqde1· ·;.:,c-· :;;::· ... ,,:;. ,::,::-._,-::.·::··--·;.:_:,:;.:_:=:::·: -:- ·:::-:':•:}. . .-C:·. : c-·:;: ···.·;-,=:·.,:, , .•• ·.•=·::•':-c·:\c···=''·" ... :":·,-.-, •,;•-:;:_~/·-:,,-v-··:·. ·•· .-.,.,.,.,,_, ···=·•-· :;.· ·:•,::•:'<}:'; The City will provide a working hydraulic model of the
existing collection system. The Proposer will update the calibration by measurement and estimation of flow at key locations necessary to input into the existing or new
modeling software. Ca libratio n will take into account existing lift stations, force ma ins, ground elevations, etc.
The ca!ibrat1on data will be used by the Consu lta nt to estimate friction C factors on pipes of different sizes, ages, and materials. The calibration w il l provide sufficient detail to identify hydraulic constraints and to predict pipe flows and lift station operations and demands.
Task 1~ -- Wastewate.r Collection Syster:n Analysis.
Sewer model Calibration
T.he, floVv•rri.ogjtg[ing data .vvi lJ[8~ t.8~9-ij§]~]if qr ....... . -c~lfHr~Hdh'.t x,
Proposer shall complete an ana lysis of the wastewater collection system using the hydraulic rnodel and based on field inspections of the City's lift stations and of representative portions of the wast ewater collect1on system. This analysis shall include an evaluation of the system under existing and future conditions. The analysis will include:
• Lift Station Safety, Code Compliance
Ake! Engineering Group, !nc City of Reedley
P1oposol !nteqroted Uii!ity Master Plan
,i, lift Station Capacity and Redundancy
,i, Collection System Piping and Capacity
<» System Renewal and Replacement
" Lift Station and Collection System Flood Resilience
• Monitoring and alarm systems
• Emergency Backup Electrical Power to critical
facilities
'll Facilities
" Evaluate and recommend changes in design and
construction standards and standard drawings to
update the existing City Standards and Specifications
for CIP and development projects consistent with
current best practices and surrounding sewer
collection agencies.
Task 14.7" Stor~water ~oll~ction.~ysterr1~naly~is.
Sewer System Capacity
Analysis and
Improvements •· . .
Thf hYdf:f3qLic; 9p§JXRiP ... 'f'Ji t.t ...
be•:'80·m·t$r;1edJf~/r; 1,1·:j
1 •··~·xi·s:tl'r1g
Proposer shall complete an analysis of the stormwater collection system. This analysis shall include an evaluation of the system under existing and
future conditions. The analysis wi ll include:
Collection System Piping and Capacity
Basl n Capacity
Pump Station Evaluation
'll NPDES/MS4 General Permit review and recommend
updates and/or changes based on current
requirements
" Evaluate existing development retention design
requirements and update based on cu rrent state
housing requirements to ensure proper storage
* Evaluate and recomrnend changes in design and
construction standards and standard drawings to
update the existing City Standards and Specifications
for CIP and development projects consistent with
current best practices and surrounding stormwater
col lection agencies.
Stormwater Model
Development and
Capacity Analysis ..
The hYdra>tjlid rjjbde(\l\fill pe
City of Reedley
Proposol· fnt eqmted UUiity iv/osier Plan
TasklS ~ Capital lmprov~l'llents Plc!.n (CIP) ~pdate.
Proposer shall prepare a prioritized C!P list of water} stormwater, and sewer system improvements for the next 30 year planning period based on the findings of the work described in this RFP. The CIP shall address system upgrades, renewal and replacements, capacity 30-Year Capital expansion needs, and faci!lty needs. The Proposer sha ll prepare planning level estimates for all projects and future Improvement Program facilities proposed including collection system expansion and . Ih~ 9c:1pit9lJmwexrrne~r •. ... ·gfogramWilbdjstihgLJisht .. replacements, pumping, storage, distribution pipeline expansion and replacement, system controls and other
facilities which may be needed. Estirnates shall be prorated between existing system users {ratepayers), current
development projects (based on City input), and future
development.
The Proposer shall prepare a project sumrnary sheet for each project which will appear in the combined CIP. The data sheet wll! include a map locating the project, a
description of the goal and scope of the project} prorated .. ... . ___ .... -::-:·-:::,. :;. o,'·:::::o; ,:,=,-; :-;··,,,:·;:·:.C:·:.•, :~::-: .. ,,;=:::~\:;;:; ··· ·-' project cost, and any other assumptions which form the basis of the cost estimate. The relationship between timing of projects will be identified and described, as will the relationship of projects to growth, and other development factors.
•·ras'R ··tG;.;tPf~pare's~par~i~· .~;t~r;;~tot~w~fe.r;I~~1a ···· .. X'!·~··~~lwat.~··~· .. •&t!~!~·~tei~1 ,. ~··p~r\ .
Prepare Draft Master Plans summarizing the study and all work tasks. The Draft Master Plans will include drawings, maps and graphics, reflecting the information gathered and prepared. A draft of each report will be provided to the City for initial staff review. After incorporating staff comrrients, the Draft Master Plans will be provided for public review.
Final Master Plans will be prepared incorporating comments on the Draft Master Plans. Color copies will be used for any graphics in the Final Master Plans. Proposer should anticipate including any sensitive, or confidential, material as part of an appendix that will be removed from all electronic and hard copy versions of the
Plans distributed to the publ ic.
In addition to the complete Final Master Plans, a
short, stand-a lone Executive Summary will be
prepared and provided. This Executive Summary
wil l surnrnarize the overall goals, direction,
meanings, and implications of each Master Plan. The Executive Surnmary will be written in Ake! Engineering Group, !nc City of Reedley
Proposol ··fnteqmted UU!ity iv1aster Pian
simple, plain language directed at the layperson. Color copies will be used for any graphics in the Executive Summary. The City will review a draft of the documents and any comments will be incorporated into the fina l Executive Summary.
Proposer shall provide a table of contents that would be included in each of t he Water, Stormwater and Sewer
Master Plans in their proposa l.
Task 17,::- Stakehoi'der Involvement
The City wi ll establish a Technica l Advisory Committee. This committee will provide input at critical decision points in the plan development process and review of major milestone
deliverables. The Consultant will attend meetings and
prepare agendas, presentation materials, and meet1ng
minutes.
Task18-Pglicy<Ma.k~r,'Prese~tatio[IS',, Pian/\dQption ·""'='->-<-,.,:-. __ -_. '·'"' ·._.,-,.,.=-r·",:.,:.:-.. , ... ,, ··-.·-·,- .:---,,~, ,.,_.. • Communication with
Stakeholctqrs .
Consultant shall present the draft Water, Stormwater, and Sewer System Master Plans to the City Council for adoption. !tis anticipated that the Consultant will present the Plans at one work session and one forrnal Counci l meetlng.
Ake! Engineering Group, !nc City of Reedley
Pmposol · lnteqroted Utiiity fviaster Plan
I Task 1
I Task 2
I Task 3
I Task 4
ITMk5
Resource Documents and Data Review
Facilities Inventory - Existing System
Description
City Water, Stormwater, and Sewer
Projects and Development Activity
Update Population, Water Demand and
Stormwater and Wastewater Flow
Estimates
Water Supply Analysis I I Task 6
I Task7 Water System Planning and Analysis I
Criteria
Task 8 Water and Waste~ater System ~odel I
Software Evaluation and Selection
Task 9 Calibrate Water System Hydraulic Model I
I
Task 10 Supply_ and Distribution System I
Analysis
I
Task 11 Wastewat~r s_ystem Data Collecti~n by I Flow Monitoring and Data Analysis IT k 1 Calibrate Wastewater System Hydraulic I as 2 Model I Task 13 Wastewater Collection System Analysis I
!Task 14 Stormwater Collection System Analysis
!Task 15 Capital Improvements Plan (CIP) Update
I
Task 16 Prepare Separate Water, Storm water, I and Wastewater Master Plan Reports I Task 17 Stakeholder Involvement I
I
T 1 Policy Maker Presentations & Plan I ask 8 Adoption
LAK,.EL
Akel Eng;neering Grnup, inc
! I
I I
I
I
I
I
I
I
POPULATION, DEMANDS AND FLOWS FORECAST
\/ATER SUPPLY ANALYSIS
NATER PLANNING CRITERlA
HYDRAULIC MODEL SELECTIONS I
I I I I
I A I I ! I
I I I I I I
35 SEWER SYSTEM ANAL YS!S
I
I
•
City of Reedley
Proposal-integrated Utility rv1aster Plan
EXHIBIT "B"
RATE SCHEDU LE
AKEL
ENGINEERING GROUP, INC.
RATE SCHEDULE
Effective Through:
June 30, 2025
PERSONNEL
Senior GIS Technician
Engineering Assistant $131
Assistant Engineer $165
Associate Engineer $193
Senior Engineer $215
Principal Engineer $261
Senior Principal Engineer $289
EXPENSES
Notes:
1. Software usage costs are included in hourly rates shown.
2. AKEL Billing Rates are subject to an annual increase at the end of the fiscal year1 to reflect labor rates and related cost adjustments.
Akel Engineering Group, !nc Not inciudeci in ri;igt~ Count City of Reedley Proposal ·· integroted Utility Master Plan
COST PROPOSAL
Task 1 Project Management I 55
Task2 Resource Documents and Data I 2 Review
Task3 Facilities Inventory - Existing System I
Description 3
Task 4 City Water, Stormwater, and Sewer
I 3 Projects and Development Activity
Update Population, Water Demand and
I Task 5 Stormwater Storage and Wastewater Flow
Estimates and Forecasts
Task 6 Water Supply Analysis 2
Water System Planning and Analysis Task 7 Criteria 2
Task 8 Water and Wastewater System Model 8 Software Evaluation and Selection Task9 Calibrate Water System Hydraulic
Model
Task 10 Supply and Distribution System
Analysis
wastewater ::;ystem uata 1,;011ecuon
Task 11 by Flow Monitoring and Data
A n :aluc:i c:
Task 12 Calibrate Wastewater System
Hydraulic Model
Task 13 Wastewater Collection System
Analysis
Task 14 Stormwater Collection System
Analysis
I Task 15 Capital Improvements Plan (CIP)
Update
I Task 16 Prepare Separate Water, Stormwater, 6 and Wastewater Master Plan Reports I Task 17 Stakeholder Involvement 24
I Task 18 Policy Maker Presentations & Plan 8 Adoption
I Total 119
L AK~.L
ft,kd Engine;;ring Group, inc
55 40 I 20 60
7 18 16 I 16
24 32 32 I 40 62
I 16 32 24 I 16 24
I 8 I 16 I 24 I 16 32
6 32 I 42 I
10 36 42 8
8 8 18 30 I 40 20
8 32 I 28 24
2 I 8 16
8 18 I 30 I 40 I 24 I 8 I 36 I 18 I 24 I 16 18 72 64 48 I 6 6 90 60 I 60 54 I 48 I 120 I 60 24 16 I 16 I I 14 12
8 I 4 I 4 I I 4
r 282 r 340 r 538 r 406 r 440 r 72
Not !nC:udeci in P,ig,: Count
230 I $49,050 I $49,050
59 I $12.003 1 $12,003
193 $37,389 1 $20,000 Bedrock $58,389 Surveying
115 $23,299 $23,299
I 97 I $18,561 $18,561
I 82 $17.130 I $17,130
$20,402 1 MNS Water
98 $15,000 Quality $36,152
Regulations
16 $4,400 $4,400
117 $22,057 $22,057
93 $17,277 $1 7,277
$50,000 I K-Flow Flow 26 $4,578 Monitoring $57,078
121 $22,741 $22,741
87 $16,399 1 $16,399
I 219 I $40,999 1 $40,999
J 162 I $30.486 1 $30,486
1 348 1 $68,328 $68,328
I 106 I $23,478 $23,478
I 28 I $6,716 $6,716
121971 $435,293 $85,000 $524,543
City of Reedley
Proposo/ · inteqrated UU!ity fv1aster Plan
DATE: June 24, 2025
REEDLEY CITY COUNCIL
D Consent
~ Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
TITLE: REEVALUATION OF WATER AEROBICS ONE-DAY PASS FEE AND
MONTHLY RATE ADJUSTM ND DIRECTION TO STAFF
SUBMITTED: Sarah Reid
Community Services Dire
APPROVED:
RECOMMENDATION
Reevaluation of water aerobics one-day pass fee and monthly rate adjustments and direction to staff.
EXECUTIVE SUMMARY
In April, the City of Reedley's Master Fee Schedule was presented to City Council, including staff recommendations for fees across all departments. As part of this review, staff recommended increasing the one-day water aerobics pass from $5 to $10. The initial intent of having the one-day pass was to accommodate one-time visitors or new participants seeking to try the class before committing to the monthly class. It was never intended to serve as a substitute for the monthly fee due to the administrative burden of issuing passes and assuring all participants have signed waivers .
Over time, the monthly fee has increased, while the one-day pass had remained unchanged at $5. Over the past year, staff observed a growing trend of more participants purchasing multiple one-day passes and selectively attending classes that fit their schedules. This shift led to a notable increase in the volume of one-day passes sold and a decrease in the number of monthly passes. This prompted the implementation of new tracking procedures. Passes are now individually numbered creating a checks-and-balance system to prevent duplication.
The instructor is now required to submit collected one-day passes monthly for compensation, rather than twice per year. Additionally, because the office does not always have record of who will use the one-day pass, the instructor is now responsible for collecting waiver forms on-site from individuals who attend without having one on file.
To incentivize the monthly pass usage and discourage regular participants from simply buying numerous one-day passes, the fees were adjusted for FY 2025-2026. Following the adoption of the fee change in April, the Community Services Department received considerable feedback from participants expressing concern over losing the economical option of the oneday pass. It is important to note that the goal of the fee adjustment was never to restrict participation, but rather to maintain a logical and equitable fee structure. This change has also required staff to develop a more formal system to manage and track increased usage of the passes.
Staff continues to recommend the fee increase remain at $10 and has concerns with reverting the fee back to $5. In certain months, because of the limited number of days offered due to holidays, the cost of purchasing multiple one-day passes falls below the monthly fee, diminishing the incentive for participants to enroll for the full month. If the fee is reverted, staff recommends pro-rating the monthly fee during these months to maintain equity and better align with the cost of the one-day option. The monthly fee would remain at $38 in all other months. However, narrowing the gap between the one-day and monthly fees further reduces the incentive for full-month participation.
Capacity is another concern, particularly during peak months (June-August) when demand is highest. Increased use of one-day passes could lead to overcrowding and may result in the need to turn away drop-in participants. To assist with managing class size, the instructor will take daily attendance and will be notified when capacity is reached with monthly registrants. If space is unavailable, it will be the instructor's responsibility to turn away drop-in attendees, as the office will have no way of knowing in advance who plans to use a one-day pass on any given day. This may result in frustration for individuals who arrive expecting to participate.
Additionally, staff is observing increasing interest in the water aerobics class from individuals who reside outside the City of Reedley because of the flexibility the one-day pass presents.
Currently, there is no differential between resident and non-resident fees. While implementing a two-tiered fee structure may be a future consideration if capacity is regularly reached, doing so would present its own administrative challenges.
If the City Council elects to reevaluate the one-day pass fee for water aerobics, the process would require a public hearing, a second meeting for adoption, and a 30-day waiting period before the new fee could take effect. Due to limited meetings in July and August, any changes would not go into effect until the end of September. Staff is requesting that Council deliberate and determine whether the fee should remain as proposed by staff in April, or lowered from the approved $10 per day rate.
PRIOR COUNCIL ACTIONS
On April 22, 2025, the City Council adopted Resolution No. 2025-025 approving the Citywide Master Fee Schedule and amending departmental fees and charges for services.
FISCAL IMPACT
There may be a slight decrease in revenue to the Summer Aquatics 001-3616 as monthly fees will be reduced during months when one-day passes are more economical. If Council votes to reduce the fees, there will be a cost to re-notice a public hearing for July and August.
Reedley's River City Theatre Company
Quarterly Report: January- May 2025
Submitted by: Emily Medina-Delgado
January 2025
• January 4: Spring Production Auditions: Cinderella the Musical Open auditions for Cinderella the Musical were held at RCTC. Community members of all ages auditioned, with a record turnout for a spring production. • January 13: Spring Production First Audition
The full cast gathered for the first official read-through and rehearsal.
February- March 2025
Rodger and Hammerstein's Cinderella the _Musical: Directed Show rehearsals Monday-Friday from 6:00pm-8:00pm, including occasional weekend tech work.
The production featured elaborate set de igns and a diverse community cast, with a focus on inclu ive storytelling and family engagement.
March 28-29: City of Reedley Princess Tea Party
March 30: Summer Production Show Planning Meeting
Preliminary meetings for RCTC's summer production. Staff and volunteers discussed casting, logistics, and community outreach strategies.
April 2025
April 5: RCTC Clean Up Day
Volunteers and community members came together for a spring cleaning event, re freshing the theatre space, organizing costume storage, and preparing the building for upcoming shows and rehearsals.
April 19: Auditions for Fiddler on the Roof
Open auditions for Fiddler were held. The production team sought out a multigenerational cast and emphasized cultural authenticity and community participation.
April 25: City of Reedley Elvis Show
May 2025
May 19: First day of rehearsals for Fiddler on the Roof The cast for the summer production gathered for their first rehearsal. The production will run July I I -August 2, 2025. Tickets can be purchased online through our website: rctcreedley.com Income
Annual Membership Sponsors
Production Income
Bar Sales
Dessert Sales
Season Tickets
Ticket Sales
Total Production Income
Total Income
GROSS PROFIT
Expenses
Bank/Credit Card Fees
Event Entertainment
Food/Beverage
Bar
Desserts
Food/Beverage/Kitchen Supplies
Total Food/Beverage
Insurance
Liability Insurance
Worker's Comp Insurance
Total Insurance
Office
Phone/Internet Services
Printing
Supplies
Ticket Processing/Theatermania
Total Office
Payroll Expenses
Payroll Taxes Expense
Wages Expense
Total Payroll Expenses
Production Expenses
Choreography
Costumes
Crew
Direction
Music Production
Props
Royalities/Rights
Reedley River City Theatre Company
Profit and Loss
January - April, 2025
Cash Basis Sunday, May 18, 202512:40 PM GMT-07:00
TOTAL
101.99
500.49
590.00
35.00 60.00
19,323.53
20,509.02
$20,611.01
$20,611.01
720.42
637.29
5.10 374.64
648.95
161.27
1,189.96
300.30
113.34
413.64
1.50 181.81
1,412.25
128.02
656.48
2,380.06
1,904.86
7,191.10
9,095.96
100.00
1,326.40
250.00
1,000.00
100.00
740.46
494.02
1/2
Sets
Total Production Expenses
Professional Fees
Accounting
Legal Fees
Total Professional Fees
Rent Expense
Opera House
Storage
Total Rent Expense
Repairs and Maintenance
Disposal
Supplies
Total Repairs and Maintenance
Taxes,Licenses, Fees
Total Expenses
NET OPERATING INCOME
Other Income
Contributions
50/50 Raffle
Total Contributions
Total Other Income
NET OTHER INCOME
NET INCOME
Reedley River City Theatre Company
Profit and Loss
January - April, 2025
Cash Basis Sunday, May 18, 2025 12:40 PM GMT-07:00
TOTAL
555.77
4,566.65
72.90 13.52
86.42 2,600.00
506.81
3,106.81
368.82
61.88 430.70
1,065.62
$23,693.53
$-3,082.52
1,396.00
1,396.00
$1,396.00
$1,396.00
$ -1,686.52
2/2
Life Better
Parks Make
Presented by:
Community Services
Department
Summer Aquatics
Free Swim Lessons
16 Aquatics Summer Staff
Swim Lessons
Diving Classes
Family Movie Nights
Staff Trainings
Tiny Tot Sports
• Flag Football
• Cheer
• Basketball
• Baseball
• Volleyball
• Cheer
• Basketball
• Baseball
• Junior Giants
• Futsal
• Flag Football
Youth Sports
• Softball
• Pickleball
• Lap Swim
Adult Sports
Youth Classes
• Tumbling
• Jazz & Ballet
• Hip Hop
Instructor Classes
Adult Classes
• Tai Chi
• Paint Class
• Cookie Class
• Water Aerobics
• Zumba
Senior Center Programs
FMAAA Lunch Volunteers
Daily Lunch Program
Gleaners Program
Craft & Paint with Denise
Men’s Hobby Time
Gleaners Volunteers
Special Events & Trips
Senior Luncheons
Senior Health Fair
Opera House Events
Senior Trips
Expanded Learning Program
High School Internship Program
TL Reed School Site
Washington School Site
Student and teacher Support
21 staff and 250 students
18 staff and 180 students
4 staff at Washington & 6 staff at TL Reed
12 interns
You
Thank
REEDLEY POLICE DEPARTMENT
Marc A. Ediger
CHIEF OF POLICE
Annual Report
POLICE SERVICES
2024
REEDLEY POLICE DEPARTMENT
Lobby Services Available 24/7
Front Office / Records: Monday - Friday 8am-5pm
843 G STREET
REEDLEY, CA 93654
(559) 637-4250
(559) 638-2122
Reedley Police Department
www.reedley.ca.gov
TIP LINES:
English * (559) 356-8690
Spanish * (559) 246-4183
2 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT
CITY OF REEDLEY LEADERSHIP
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 3
CITY OF REEDLEY DEMOGRAPHICS
4 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT Welcome to the Reedley Police Department 2024 Annual Report. This report is designed to provide specific department information, statistics and accomplishments by the dedicated men and women of the Reedley Police Department. We focus on providing the best service possible to the Reedley community, and pride ourselves on being a full-service police department.
I am committed to leading this organization through our core values: Professionalism, Service, Integrity & Commitment. These values are essential to ensuring community safety and building trust between the police department and the residents we serve. We recognize and understand that policing is a partnership with the community and we will remain vigilant in providing services that improve the quality of life for Reedley citizens.
As the population and sphere of influence continues to grow in Reedley, the department will be responsive and adapt accordingly. Implementing new technologies and crime prevention strategies will continue to be a top priority. It is encouraging to see both business and housing growth in Reedley which reflects a positive and vibrant community.
My priorities as Chief of Police include swift response to crimes in progress, enhancing community engagement, reorganizing Neighborhood Watch, fostering open communication, and implementing innovative strategies to ensure public safety. I am dedicated to promoting fairness and equity in all aspects of our work, as well as supporting the well-being of the officers who serve on the front lines every day.
Although 2024 has presented challenges, we have continued to hire dedicated and qualified employees that are committed to public service and professionalism. I am grateful for the support of our City Council, City Manager, service partners, community organizations and the public. These partnerships are key to a safe and thriving community!
Respectfully,
Marc A. Ediger / Chief of Police
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 5 6 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 2024 AT A GLANCE
Operations Support Services
Administration
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 7 PATROL
TRAFFIC
DRONE UNIT
K9 UNIT
RANGE
FIELD TRAINING
ANIMAL CONTROL
EXPLORERS
SPECIAL RESPSONSE
TEAM
INVESTIGATIONS
DISPATCH
RECORDS
EVIDENCE
CRIME ANALYSIS
VICTIM SERVICES
TECHNOLOGY
BUILDING
JAIL FACILITY
We, the members of the Reedley Police Department, are committed to promoting a safe and secure environment for our community through the delivery of quality services. We will be responsive to the concerns of the community and improving the quality of life for all citizens of Reedley by working together in a problem-solving partnership. We will work to maintain safe and secure neighborhoods while treating everyone fairly, with dignity and respect.
ORGANIZATIONAL CHART
Marc Ediger
Gary Kincaid
REEDLEY POLICE DEPARTMENT
Todd Lowery
Dave Omstead
Jesus Rivera
Tim Kelly
Givanni Medina
Gill Garza
Nataly Juarez
Hector Aleman
Max Puryear
Pamela Staggs
MISSION STATEMENT
POLICE DEPARTMENT VALUES
2 1 3
4 5
6 7
8 9
10 1
2 3
REEDLEY
8 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT AREA 1
AREA 2
*** 2024 TOP 10 TRAFFIC ACCIDENT LOCATIONS***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 9 *** AVERAGE RESPONSE TIMES BY PRIORITY ***
CALLS FOR SERVICE *** DAY OF WEEK
CALLS FOR SERVICE ** TIME OF DAY
10 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT The Reedley Police Department responded to or initiated 23,655 calls for service during the 2024 calendar year. These are the “top 10” most frequent calls for service. These types of incidents are handled by both sworn police officers, and non-sworn professional staff. Public safety in Reedley is truly a team effort, with response, input and participation by all Reedley Police Department staff.
The most frequent call types can change throughout the year, and Police Department staff reviews this information on a weekly basis. Through our Crime Analysis Unit, accurate information is distributed to front-line staff to better understand the crime trends and needs within the community. Quality of life calls for service are given the same focus from our professional staff, as are the crime calls by our sworn police officers. *** 2024 TOP 10 CALLS FOR SERVICE
***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 11 The Uniform Crime Reporting (UCR) index categorizes these Part 1 crimes into two categories:
Violent and Non-Violent. The comparison chart shows the increase / decrease in specific crime types between 2023 and 2024. Below are the listed percentatge changes for each crime code from year to year.
1%
VIOLENT CRIME NON-VIOLENT CRIME
Uniform Crime Reporting (UCR): Part 1 Crimes
Aggravated Assault Types for 2024:
⚬ Assault with a firearm (33)
⚬ Assault with a knife (8)
⚬ Assault with other (78)
Total property crimes in Part 1
Categories for 2024: 225
Non-violent crime saw an overall 20%
decrease from 2023 calendar year.
Decreas
e
Overall
Decreas
e
Increas
e
Overall
*** 2024 CRIME STATISTICS & DATA ***
Decrease
Decreas
e
Decreas
e
Decreas
e
Decreas
e
12 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT
MENTAL HEALTH
CALLS 23 vs.24
DOMESTIC VIOLENCE
ARRESTS 23 vs. 24 DUI
ARRESTS 23 vs. 24
2024 FELONY ARRESTS 2024 MISDEMEANOR ARRESTS TRAFFIC CITATIONS 23 vs. 24 2023 FELONY ARRESTS 2023 MISDEMEANOR ARRESTS
*** 2024 CRIME STATISTICS & DATA ***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 13 FORMAL
COMPLAINTS
INVESTIGATED
CITIZEN
COMPLAINT
CALLS
MARC EDIGER
CHIEF OF POLICE
GUILLERMO GARZA
ADMINISTRATION
SERGEANT
NATALY JUAREZ
ADMINISTRATIVE ASSISTANT
HECTOR ALEMAN
SUPPORT COMMANDER
GARY KINCAID
OPERATIONS COMMANDER
The Reedley Police Department Administration team is staffed with (1) Police Chief, (2) Division Commanders, (1) Administrative Assistant, (1) Administration Sergeant and (3) Police Chaplains. The function of Administration is to provide leadership and support to the department through various means. Legal and policy compliance are critical to maintaining adherence to the department mission and public trust.
Recruitment and hiring efforts are key for continuous staffing for all areas of the department. Budget management, research and development, grant management, technology advancement and fleet services are key areas of focus, to provide the community with the best full-service police department possible.
Citizen complaint calls are handled and addressed by front-line supervisors.
If a formal complaint is not resolved at the first level, Administration is responsible for reviewing / investigating these formal complaints against members of the police department. Each complaint is reviewed and investigated to determine if professional standards were met, and that policy and legal requirements were followed.
The Reedley Police Chaplains Unit is staffed with (3)
dedicated chaplains. The mission and focus of the
Chaplains are to provide critical-incident and wellness support to all members of the police department. In
addition to employee support, the Chaplains are a key
component to providing compassionate services to
members of the community that have been affected
by crime or traumatic events. Our Chaplains are often
called to assist officers in the field, 24/7 to provide additional services to crime victims.
*** POLICE ADMINISTRATION ***
14 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT
GARY KINCAID
OPERATIONS
COMMANDER
The Operations Division is responsible for the largest team within the department, which is Patrol. The team is staffed with (1) Police Commander, (5) Patrol Sergeants, (14) Police Officers, (2) Reserve Police Officers, (1) Animal Control Officer, and (3) Reserve Community Service Officers. The primary focus of Patrol is to provide 24-hour response to calls for service. This is accomplished through officer initiated investigations and crime prevention strategies, community contacts, the enforcement of State and Federal laws and the enforcement of the Reedley Municipal Code.
*** OPERATIONS DIVISION ***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 15 • ** SPECIAL RESPONSE TEAM ** ** UAS / DRONE UNIT **
• ** K9 UNIT ** ** ANIMAL CONTROL **
*** OPERATIONS DIVISION ***
16 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT The Support Services Division is responsible for all areas of the Department other than Patrol. The team is staffed with (1) Police Commander, (1) Detective Sergeant, (1) Support Services Supervisor, (3) Detectives, (1) Juvenile Detective (SRO), (1) Crime Analyst, (7) Dispatchers, (3) Records Technicians, (1) Property & Crime Scene CSO, and (1) Victim Services CSO.
The primary focus of Support Services is to provide investigative services, crime analysis, 24-hour Dispatch communication, evidence entry and storage, crime scene investigation, records processing, data entry, case filing and victim services.
HECTOR ALEMAN
SUPPORT
COMMANDER
*** SUPPORT SERVICES DIVISION
***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 17 The Investigations Unit is the is responsible for the investigation of major felony crimes, crimes against persons, sexual assault investigations, felony threats against schools, narcotics investigations and gang related investigations. The team is staffed with (1) Detective Sergeant, (3) Detectives, (1) ACT / AB109 Detective, (1) Juvenile Detective, (1) Crime Analyst and (1) Victim Services Specialist. Collaboration with allied agencies is also critical to solving crime that may involve complex cases that reach beyond Reedley and into other communities.
The Police Department Crime Analyst plays a crucial and efficient role in community safety by using data and intelligence to help prevent and solve crimes. Major functions and resources provided by the Crime Analyst are:
Data collection and management, crime pattern and trend analysis, GIS mapping of crime locations and “hot spots”, forecasting and predictive policing, support the Investigations Unit on major crimes, analyze phone records, vehicle movements, and financial data, outside agency collaboration and intelligence sharing, monitoring and registering arson registrants and sex registrants and tracking of active missing persons cases.
*** INVESTIGATIONS UNIT
***
*** CRIME ANALYSIS ***
18 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT The Emergency Communications / Dispatch Center is staffed with (6) full-time and (1) part-time Police Dispatchers. The primary function of the Communications Center is to provide 24/7 radio communication on emergency and non-emergency calls for
service. As Dispatchers receive and triage emergency and nonemergency calls from officers and the public, they must quickly determine the nature, location, and urgency of the situation. *** DISPATCH / COMMUNICATIONS CENTER ***
The Dispatch Center combines multiple technologies simultaneously, to provide the fastest and safest emergency response to critical incidents and crimes in progress. Recently incorporating Text-to-911 technology allows for emergency calls to be received through text message. In addition to the 911 phone system, Dispatch also monitors the city-wide camera system to provide real time visual information to Officers, as well as City facilty and jail cameras. The Dispatchers also have the ability to view Officer locations in real-time, to provide the best coverage and response to active incidents. 2024 TOTAL CALLS FOR SERVICE : 23,655
2024 TOTAL EMERGENCY / PRIORITY 1
CALLS FOR SERVICE : 7,460
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 19 EVIDENCE ITEMS BOOKED: 4,786
HANDGUNS SEIZED: 48 LONG GUNS SEIZED: 36
*** PROPERTY / EVIDENCE & CRIME SCENE ***
20 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT Cases filed with the District Attorney’s Office 2024 : 998 *** RECORDS UNIT ***
*** VICTIM SERVICES UNIT
*** The Victim Services Unit is staffed with (1) Community Service Officer, who is specially trained to assist crime victims. The primary role is to provide crisis intervention and emotional support immediately after a crime or traumatic event. After a crime has occurred, the role changes to help victims manage shock and fear, provide information and support in the criminal justice process and to liaise between victims and investigators, prosecutors and court proceedings.
The Reedley Police Department Victim Services hosts a monthly meeting with over 30 service agencies within Fresno County, to discuss and develop efficient protocols, services and partnerships to better assist local victims of violent crime.
The Records Unit is staffed with (3) full-time Records Specialists, who function as public counter representatives as well. The Records Unit is responsible for all aspects of report processing, document security, District Attorney case filing, monthly Department of Justice statistics, data entry, public records release and directing front lobby reporting.
During the criminal case filing process, Records Specialists are responsible for gathering all body worn camera evidence pertaining to a criminal case and coordinating with Property & Evidence on evidence requests. These critical tasks ensure efficient and timely case filing and adherence to legal time frames and requirements in all criminal cases.
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 21 The Reedley Police Explorer program is designed to give young people an overview of a law enforcement career through training and community service. The program is open to young men and women between the ages of 14 and 21, and initially consists of an 11-week Police Explorer Academy which is instructed by Reedley Police Department personnel, both Sworn and Professional Staff.
There are undeniable benefits for Explorer program participants, such as offering a personal awareness of the criminal justice system through training, practical experiences, competitions, public events and other activities. Additionally, the program promotes personal growth through character development, respect for the rule of law, physical fitness, and good citizenship. The Reedley Police Department appreciates the dedication and attitude of public service of our Police Explorers!
*** POLICE EXPLORER POST #836 ***
22 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT The Reedley Peace Building Initiative (RPBI), established in October, 2011 with multiple community partners is a voluntary pre-arrest restorative justice process (RJ) that addresses low level crimes committed by juvenile offenders by holding them accountable, providing space for them to make right their harm done with victims, and help ensure a positive path forward. RPBI is focused on the prevention and intervention of juvenile criminal behavior. The Reedley Police Department, in partnership with Kings Canyon Unified School District and Community Youth Ministries, provide (2) full-time Restorative Justice Coordinators and (3) full-time case managers who work directly with offenders on and off school campuses.
Of the hundreds of youth RPBI has worked with since inception, the recidivism rate of reoffense or arrest remains at a highly successful percentage (7.5%). These Restorative Justice efforts have been critical to overall school and community safety. The number of successfully mediated criminal cases involving youth have directly contributed to the reduction in juvenile arrests.
Assault / Battery *
Drugs / Alcohol *
Vandalism *
Bullying *
Theft / Burglary *
Weapon on Campus *
Threat - Physical *
Distribute Lewd Photos *
Sexual Harrassment *
Terrorist Threat *
TOP 10 OFFENSE CATEGORIES * CASES MEDIATED * 2011 - 2024
OVERALL OBJECTIVE
Rather than focusing on whether
offenders get what they deserve,
Restorative Justice focuses on
repairing the harm of crime and
engaging individuals and community
members in the process.
REEDLEY PEACE BUILDING INITIATIVE
*** RESTORATIVE JUSTICE
***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 23 The Reedley Police Department is honored to partner with the community, for various events and functions. The importance of community partnership, outside the scope of normal law enforcement functions helps to build trust, cooperation and understanding.
Community events provide informal, positive interactions between police officers and residents.
This helps build mutual trust, especially in areas where law enforcement may be viewed with skepticism. Trust is foundational for effective policing and community cooperation.
Events often serve as platforms for educational outreach—sharing tips on safety, crime prevention, and local resources. Informed communities are more likely to work collaboratively with police to reduce crime and address local issues. In summary, Police participation in community events is not just about visibility—it’s about proactive engagement that builds safer, stronger, and more cooperative communities.
*** COMMUNITY ENGAGEMENT ***
24 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT • Coffee With A Cop - Starbucks
• Pink Patch Project - Community Medical
• CYM After School Sites
• Neighborhood Watch
• Cops, Jocks and Kids Camp
• KCUSD School Carnivals
• Christmas Light Parade
• Reedley College Career Fair
• Reedley Night Out
• Reedley Citizen’s Academy
• KCUSD Parent Awareness
• Marjaree Mason Prayer Vigil
• Blossom Trail Bike Ride
• Reedley Fiesta
• Reedley Street Faire
• Valley ROP Advisors
*** COMMUNITY ENGAGEMENT ***
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 25 The Annual Awards Ceremony recognizes outstanding work and achievements by the men and women of the Reedley Police Department. Employee awardees are nominated by Supervisors and then selected by Supervisory and Management Staff. The awards serve as an important achievement and reminder of the Department’s mission statement and values.
Police Officer
Of the Year
Anthony Jimenez
Detective Rosalinda Robeldo
Victim Services CSO
Max Puryear
Detective Sergeant
Jesus Rivera
Patrol Sergeant
Supervisor
Of the Year
Professional Staff
Of the Year Chief’s Award
Police Explorer
Of the Year
Matthew Chavez
Police Explorer
Dispatcher
Of the Year
Monica Capistran
Police Dispatcher
*** 2024 ANNUAL AWARDS ***
Anthony Jimenez
Detective
Jesus Rivera
Patrol Sergeant
Daniel Renteria
Police Officer
Narcotics Officer
Of the Year
DUI Officer
Of the Year
Top Gun
Of the Year
Thank you for your hard work, commitment and dedication ! 26 REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT In 2024, the Police Department re-launched the Community Academy. This ten-week course is designed to provide members of the Reedley community an opportunity to learn, interact with law enforcement and have a better understanding of police procedures, policies, and challenges. The course was well attended by community members, and provided a wide range of instruction from all areas within the Police Department. The training and instruction was a combination of classroom experiences, practical applications and even some hands-on experience with the Department’s K9 Unit and the section of the course that covered firearms and an evening range shooting exercise.
The Community Academy graduated 12 particpants, who walked away with a better understanding of the role of the Police Department, including the mission and goals. There was a shared excitement and engagement by all graduates, who were appreciative of the opportunity to train with the Police Department! The Reedley Police Department plans to host another Community Academy in the Fall of 2025. Stay tuned for details. *** 2024 COMMUNITY ACADEMY ***
We would like to take this opportunity to celebrate the distinguished career and well-earned retirement of
Reedley Police Chief, Jose L. Garza! On December
18, 2024, Chief Garza honorably retired after 36 years
of dedicated service in law enforcement.
Chief Garza was hired by the Reedley Police
Department in 1998, as a new graduate of the Tulare
Kings Police Academy. He has served as a police
officer, Field Training Officer, K9 handler, Sergeant,
Lieutenant and ultimately promoted to Chief of Police
in 2012.
We acknowledge the career of an exceptional leader,
a dedicated public servant, and, most importantly, a
person who has profoundly impacted our community.
Chief Garza was instrumental in implementing a
restorative justice initiative that has made
transformations within the school district and the
community. He also helped create the department’s
first crime analysis unit, and consistently implemented new ideas and technology.
Chief Garza, on behalf of the Reedley Police
Department, we thank you for your service and wish
you well in the next chapter of your life.
Congratulations on your retirement!!
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT 27 CHIEF JOSE L. GARZA
RETIREMENT
REEDLEY POLICE DEPARTMENT 2024 POLICE SERVICES REPORT
CITY OF REEDLEY, CALIFORNIA
Incorporated 1913