ALL CELL PHONES AND ELECTRONIC DEVICES MUST BE
TURNED OFF IN THE COUNCIL CHAMBERS
AGENDA
REEDLEY CITY COUNCIL MEETING
7:00 P.M.
TUESDAY, FEBRUARY 24, 2026
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- Rev. Denny Joseph, St. Anthony of Padua Catholic Church
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - ADDITIONS AND/OR DELETIONS
PRESENTATION
1. MARJAREE MASON CENTER TEEN DOMESTIC VIOLENCE AWARENESS MONTH 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 (1 OJ minutes per issue will be allowed. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
NOTICE TO PUBLIC
CONSENT AGENDA items are considered routine and a recommended action for each item is included, and will be voted upon as one item. If a Councilmember has questions, requests additional information, or wishes to comment on an item, the vote should not be taken until after questions have been addressed or comments made, and the public has had an opportunity to comment on the Consent Agenda items. If a Councilmember wishes to have an item considered individually or change the recommended action, then the item should be removed and acted upon as a separate item. A Councilmember's vote in favor of the Consent Agenda is considered and recorded as a separate affirmative vote in favor of each action listed. For adoption of ordinances, only those that have received a unanimous vote upon introduction are considered Consent items.
CONSENT AGENDA (Item 2-7)
2. APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING OF FEBRUARY 10, 2026 - (City Clerk)
Staff Recommendation: Approve
3. APPROVE MAYORS NOMINATION TO FILL TWO VACANCIES ON THE COMMUNITY
SERVICES COMMISSION AND TWO VACANCIES ON THE TRAFFIC SAFETY COMMISSION- (City Clerk)
Staff Recommendation: Approve
4. CONSIDERATION OF ITEMS PERTAINING TO THE TRANSITION OF STATE CENTER
COMMUNITY COLLEGE DISTRICT (SCCCD) AVIATION PROGRAMS TO THE
REEDLEY MUNICIPAL AIRPORT
A. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO LICENSE AGREEMENT WITH STATE CENTER
COMMUNITY COLLEGE DISTRICT (SCCCD) IN SUBSTANTIAL FORM TO
REVISE CERTAIN TERMS REGARDING FACILITY USE FEES AND
REIMBURSEMENT OF PROJECT COSTS, INCLUDING AUTHORIZING THE
CITY MANAGER TO MAKE SUBSTANTIVE REVISIONS TO CLARIFY TERMS B. RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE
PLANNED SERVICE AGREEMENT WITH JOHNSON CONTROLS FOR ALARM
AND DETECTION MONITORING SERVICES FOR THE TRAILER LOCATED
AT THE REEDLEY MUNICIPAL AIRPORT
2 (Community Services)
Staff Recommendation: Approve
5. APPROVE THE REQUEST BY KINGS RIVER CONSERVANCY TO WAIVE CITY OF
REEDLEY PARK FEES RELATED TO THE ANNUAL SPRING FLING ON THE KINGS - (Community Services)
Staff Recommendation: Approve
6. APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND SUBMIT PREGRANT APPLICATIONS FOR FISCAL YEAR 2026 CAPITAL AIRPORT IMPROVEMENT
PROGRAM (CAIP) TO THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR
CONSTRUCTION OF THE AVIATION FUEL FACILITY REPLACEMENT PROJECT - (Community Services)
Staff Recommendation: Approve
7. ADOPT ORDINANCE NO. 2026-001, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2024-01 AND
AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF REEDLEY- (Community Development)
Staff Recommendation: Approve
ADMINISTRATIVE BUSINESS
8. ADOPT RESOLUTION NO. 2026-008 APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PURCHASE AGREEMENT AND SIGN THE GRANT
DEEDS ON BEHALF OF THE CITY OF REEDLEY TO ACCEPT THE STREET RIGHT OF WAY AND TEMPORARY CONSTRUCTION EASEMENT- Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Engineering) Staff Recommendation: Approve
9. REVIEW ADOPT RESOLUTION NO. 2026-009 REVISING THE MUNICIPAL UTILITY
BILLING & COLLECTION POLICY TO INCLUDE A NEW UTILITY PAYMENT OPTION
AND CLARIFY CURRENT PROCEDURE TO ENSURE CONTINUING COMPLIANCE WITH SENATE BILL 998 (2018) - Report, discussion and/or other Council action to approve, modify, and/or take other action as appropriate. - (Administrative Services) Staff Recommendation: Approve
WORKSHOP
10. PRESENTATION AND INFORMATION PERTAINING TO STRATEGIC CAPITAL
PLANNING UPDATE
COUNCIL REPORTS
11 . BRIEF REPORT BY COUNCIL MEMBERS ON CITY RELATED ACTIVITIES AS AUTHORIZED BY THE BROWN ACT AND REQUESTS FOR FUTURE AGENDA ITEMS.
STAFF REPORTS
12. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS 3 ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 19"' day of February 2026/]; ,t/zr~~ RuthfeGreenwood, City Clerk
Dates to Remember:
March 10, 2026- Regular meeting 7pm
March 24, 2026-Regular meeting 7pm
4 REEDLEY CITY COUNCIL MEETING - February 10, 2026
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 February 10, 2026 in the City Hall Council Chambers, 845 "G" Street, Reedley, California.
INVOCATION - Chaplain Len Kinzel, Reedley Police Department
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Friesen
ROLL CALL
Council Members
Present:
Absent:
Christopher Arriaga, Michael Crutchfield, Mary Fast, Scott Friesen and Matthew Tuttle None.
AGENDA APPROVAL- ADDITIONS AND/OR DELETIONS
City Manager Nicole Zieba requested to move item 2 off consent and have it heard first on Administrative Business.
Council Member Friesen motioned, Council Member Crutchfield seconded to accept and approve agenda.
Motion unanimously carried.
PUBLIC COMMENT
Dr. Eimear O'Brien introduced herself as a candidate for Fresno County Superintendent of Schools.
CONSENT AGENDA (Item 1-3)
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 REGULAR COUNCIL MEETING OF JANUARY 27, 2026-Approved
2. AUTHORIZE MAYOR TUTTLE AND MAYOR PRO TEM FAST TO SPEAK ON BEHALF OF THE CITY
TO LEGISLATORS AND STAFF IN SACRAMENTO REGARDING FUTURE CITY OF REEDLEY FUNDING REQUESTS AND APPROVE NECESSARY RELATED TRAVEL EXPENSES-Removed from Consent and heard on Administrative Business
3. APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH TRI CITY ENGINEERING , INC. TO PERFORM ON-CALL PROFESSIONAL SERVICES FOR THE ENGINEERING DEPARTMENT AS NEEDED-Approved
PUBLIC HEARING
4. CONDUCT A PUBLIC HEARING AND CONSIDER ITEMS ASSOCIATED WITH THE PROPOSED BLOSSOM ESTATES ANNEXATION APPLICATION NO. 2024-01 (APN: 363-070-46 AND 363-070-48):
A. ADOPT RESOLUTION NO. 2026-005 , A RESOLUTION OF APPLICATION BY THE CITY OF
REEDLEY REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE
PROCEEDINGS FOR THE BUTTONWILLOW-CYPRESS REORGANIZATION B. ADOPT RESOLUTION NO. 2026-006, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING ENVIRONMENTAL ASSESSMENT NO. 2024-08, A MITIGATED NEGATIVE DECLARATION, DATED OCTOBER 10, 2025, AND APPROVING ANNEXATION APPLICATION NO. 2024-01, GENERAL PLAN AMENDMENT REEDLEY CITY COUNCIL MEETING - February 10, 2026
APPLICATION NO. 2024-01, CONDITIONAL USE PERMIT APPLICATION NO. 2024-01, AND VESTING TENTATIVE SUBDIVISION MAP NO. 6331 (BLOSSOM ESTATES) C. INTRODUCTION OF ORDINANCE NO. 2026-001, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2024-01 AND
AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
REEDLEY
Associate Planner Laura Friesen stated the proposed project is consistent with the General Plan and the Reedley Municipal Code. Ms. Friesen stated that the Planning Commission recommended approval of the project.
Public Hearing Opened: 7:33 p.m.
Jose Lemus introduced himself as the civil engineer, applicant and the owner of the project. Mr. Lemus said he was available to answer any questions that council or staff had regarding the project.
Public Hearing Closed: 7:36 p.m.
Council Member Friesen motioned and Council Member Crutchfield seconded to accept and approve A. ADOPT RESOLUTION NO. 2026-005, A RESOLUTION OF APPLICATION BY THE CITY OF
REEDLEY REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE
PROCEEDINGS FOR THE BUTTONWILLOW-CYPRESS REORGANIZATION Motion unanimously carried.
Council Member Friesen motioned and Council Member Crutchfield seconded to accept and approve B. ADOPT RESOLUTION NO. 2026-006, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REEDLEY ADOPTING ENVIRONMENTAL ASSESSMENT NO. 2024-08, A MITIGATED NEGATIVE DECLARATION, DATED OCTOBER 10, 2025, AND APPROVING ANNEXATION APPLICATION NO. 2024-01 , GENERAL PLAN AMENDMENT APPLICATION NO. 2024-01, CONDITIONAL USE PERMIT APPLICATION NO. 2024-01, AND VESTING TENTATIVE SUBDIVISION MAP NO. 6331 (BLOSSOM ESTATES) Motion unanimously carried.
Council Member Friesen motioned and Council Member Crutchfield seconded to accept and approve C. INTRODUCTION OF ORDINANCE NO. 2026-001, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REEDLEY APPROVING REZONE APPLICATION NO. 2024-01 AND
AUTHORIZING THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
REEDLEY
Motion unanimously carried.
ADMINISTRATIVE BUSINESS
2. AUTHORIZE MAYOR TUTTLE AND MAYOR PRO TEM FAST TO SPEAK ON BEHALF OF THE CITY
TO LEGISLATORS AND STAFF IN SACRAMENTO REGARDING FUTURE CITY OF REEDLEY
FUNDING REQUESTS AND APPROVE NECESSARY RELATED TRAVEL EXPENSES City Manager Nicole Zieba explained that staff is recommending that the City Council authorize Mayor Tuttle and Mayor Pro Tern Mary Fast to travel to Sacramento on behalf of the City to speak to legislators. It is also recommended that an alternate is selected in case either the Mayor or Mayor Pro Tern ·1s unavailable to attend then the alternate can attend on their behalf. Council Member Crutchfield stated that he would like to be the alternate if one is needed. Ms.
Zieba explained it was important to note that in order to be compliant with the Brown Act only two Council Members could attend.
Mayor Tuttle motioned and Council Member Friesen seconded to accept and approve AUTHORIZE MAYOR
TUTTLE AND MAYOR PRO TEM FAST TO SPEAK ON BEHALF OF THE CITY TO LEGISLATORS AND
STAFF IN SACRAMENTO REGARDING FUTURE CITY OF REEDLEY FUNDING REQUESTS AND
APPROVE NECESSARY RELATED TRAVEL EXPENSES
Motion unanimously carried.
5. REVIEW THE STATUS OF THE MID-YEAR CITY BUDGET AND CONSIDER ITEMS PERTAINING TO
VARIOUS OPERA TING PROGRAMS AND CAPITAL PROJECTS
2 REEDLEY CITY COUNCIL MEETING - February 10, 2026
A. ADOPT RESOLUTION NO. 2026-007 AMENDING THE 2025-26 ADOPTED BUDGET APPROPRIATING $1,844,136 IN MULTIPLE CITY FUNDS FOR VARIOUS OPERATING
PROGRAMS AND CAPITAL PROJECTS
Assistant City Manager Paul Melikian informed Council every year staff reviews the adopted budget at mid-year to make sure the budget is moving as expected based on assumptions that were made. Mid-year budget review is an opportunity to adjust if circumstances changed and also to update Council on any special needs. Mr. Melikian provided a summary of the City's Mid-Year-Budget Review to Council.
Council Member Friesen motioned and Council Member Fast seconded to accept and ADOPT RESOLUTION NO. 2026-007 AMENDING THE 2025-26 ADOPTED BUDGET APPROPRIATING $1,844,136 IN MULTIPLE CITY
FUNDS FOR VARIOUS OPERATING PROGRAMS AND CAPITAL PROJECTS Motion unanimously carried.
WORKSHOP
6. UPDATE FROM THE GREATER REEDLEY CHAMBER OF COMMERCE
Greater Reedley Chamber of Commerce President and Chief Executive Officer Erik Valencia provided an update on events and plans for the future.
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.
7. RECEIVE, REVIEW & FILE 2024-25 AUDITED CITY FINANCIAL STATEMENTS
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 Crutchfield
• Mentioned the Central Valley Transportation Authority meeting he attended • Attended a performance at T.L. Reed
• Was asked by the Lions Club to be a judge on student's speeches • Attended the memorial event for Gonzalo Carrasco in Selma Council Member Arriaga
• Attended an event with the Seniors at the Community Center Council Member Fast
• Discussed the meeting with Congressman Jim Costa she attended • Shared about the play she attended at Immanuel Schools • Mentioned the Blossom Trail kickoff she attended
• Attended a meeting at the air board she attended and provided a brief update Mayor Tuttle
• Shared about the meeting with Congressman Jim Costa
• Discussed the media conference he attended at the County of Fresno • Mentioned the Blossom Trail kickoff event in Selma he attended • Shared about the meeting he had with PG&E government affairs representative • Attended a Council of Governments meeting and provided a brief update
STAFF REPORTS
9. UPDATES AND/OR REPORTS BY CITY MANAGER AND/OR STAFF MEMBERS. 3 REEDLEY CITY COUNCIL MEETING - February 10, 2026
City Manager Nicole Zieba:
• Provided an update on the new city hall building
• Jersey Mikes will be opening tomorrow
• Discussed the meeting she had with the Vice President of Verizon-Frontier
CLOSED SESSION
10. GOVERNMENT CODE SECTION 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
RECONVENE TO OPEN SESSION AND REPORT ACTION
City Attorney Scott Cross reported no action was taken in closed session.
ADJOURNMENT
Mayor Tuttle adjourned the regular meeting at 9:26 p.m.
ATTEST:
Ruthie Greenwood, City Clerk
Mayor Matthew Tuttle
4 DATE: February 24, 2026
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 3 ----
TITLE: APPROVE MAYOR'S NOMINATION TO FILL TWO VACANCIES ON THE
COMMUNITY SERVICES COMMISSION AND TWO VACANCIES ON THE
TRAFFIC SAFETY COMMISSION.
SUBMITTED: Ruthie Greenwood o_ City Clerk ~,
APPROVED: Nicole R. Zieba J 11 /
City Manager V y
RECOMMENDATION
Staff is recommending that the Reedley City Council approve Mayor Tuttle's nominations to fill the vacancies on the Community Services Commission and Traffic Safety Commission. After review of the applications by Mayor Tuttle he is recommending the appointments to the commission.
BACKGROUND
The positions available on the Community Services Commission and Traffic Safety Commission are due to term expirations. The open positions were advertised in the Mid Valley Times. Mayor Tuttle has reviewed the applications and is recommending that Esther Ramos, and Dale Kennedy be approved to sit on the Traffic Safety Commission. Mayor Tuttle is also recommending that David Carter and Darren Minami be approved to sit on the Community Services Commission.
The Community Services Commission and Traffic Safety Commission terms are three (3) year terms. These appointments will have a term expiration of February 2029.
FISCAL IMPACT
No Fiscal Impact
ATTACHMENTS
. Four (4) applications
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION NAME:
•
•
g
•
Airport Commission
Community Services Commission
(Must reside within City limits)
Planning Commission
(Must reside within City limits)
Traffic Safety Commission
(Must reside within City limits)
Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
Esther Ramos
HOME ADDRESS:
Reedley, CA 93654
MAILING ADDRESS (if different from above):
EMAIL ADDRESS (if applicable): ____________________ _
RESIDENT OF REEDLEY FOR 48 YEARS. --- EMPLOYED BY:
DATE; _ o_1_11_31_2_6 ___ SIGNATURE: ___ (_. ~_&7t_-: _·W,_ -. _~_ea_---~---· _ ·_4 _· ·• ______ _
(Additional information is requested on the back of this fo rm)
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION NAME:
•
•
•
/ g
•
Airport Commission
Community Services Commission
(Must reside within City limits)
Planning Commission
(Must reside within City limits)
Traffic Safety Commission
(Must reside within City limits)
Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
Dale Kennedy
HOME ADDRESS:
Reedley, CA 93654
MAILING ADDRESS (if different from above)·
EMAIL ADDRESS (if applicable): ___________ _________ _
RESIDENT OF REEDLEY FOR 31 __
EMPLOYED BY: -
YEARS,
--------------------~--~---
DATE: 1/16/26
r.1 11&·1 /jf '(1~ _ ~_; SIGNATURE: ~=~~,-~/J~.,':1,..t_A~~,_~~-~-~~~------ -- (Additional information is requested on the back of this form) Please give a brief overview of any qualifications you might have that would be beneficial to the Commission you have chosen to serve on.
I have served on the Reedley Traffic Commission since 1995. During the work of the commIssIon, my continued service allows for the commIssIon to have h1stoncal information on past decisions made by the Reedley Traffic Commission. Additionally, I am able to look at traffic patterns and information and apply the experience I had involving traffic, due to my service as a California Highvvay Patrol State Traffic Officer. I am a retired CHP Officer.
Please note that the Mayor, or his designee, will be contacting you to set up a one-on-one interview. t
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY-USE SEPARATE APPLICATION FOR EACH COMMISSION NAME:
0 Airport Commission
QI' Community Services Commission
(Must reside within City limits)
D Planning Commission
(Must reside within City limits)
D Traffic Safety Commission
(Must reside within City limits)
D Streetscape Maintenance Committee
(Must be a business owner within downtown streetscape
maintenance district)
HOME ADDRESS:
) ~ ~ CoS:~
MAILING ADDRESS (if different from above):
/
s~,_~
HOME PHONE:
EMAIL ADDRESS (if applicable): ~
RESIDENT OF REEDLEY FOR :~ ~~ t- YEARS.
EMPLOYED BY: __ :5_e...._l...,f.~=-----~---------
DATE: I-· I i - 2...G SIGNATURE: a3~3kCl-~ ~~ -:
iAdJitionnl informa1ion i~ m.1u.:s11.:J on the bm:k of this f4.1nn ) l
Please give a brief overview of any qualifa:orion.s you might have 1h01 would he benefidul lo the Commission you have dio~cn w ~erH' on.
Please note that the Mayor, or his designee, will be contacting you to set up a one-on-one interview.
CITY OF REEDLEY
COMMISSION/COMMITTEE APPLICATION FORM
I hereby request that I be considered for appointment to the following Commission or Committee:
PLEASE TYPE OR PRINT IN BLACK INK
CHECK ONE ONLY- USE SEPARATE APPLICATION FOR EACH COMMISSION NAME:
D Airport Commission
121 Community Services Commission
(Must reside within City limits)
D Planning Commission
(Must reside within City limits)
GJ Traffic Safety Commission
(Must reside within City limits)
El
HOME ADDRESS:
MAILING ADDRESS (If different from above);
HOME PHONE: 559-859-1476
Please give a brief overview of any qualifications you might have that would be beneficial to the Commission you have chosen to serve on. \ ~' ( '
•~D - ·+e
DATE:
TITLE:
SUBMITTED:
APPROVED:
REEDLEY CITY COUNCIL
February 24, 2026
C8J Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 4 ---
CONSIDERATION OF ITEMS PERTAINING TO THE TRANSITION OF
THE STATE CENTER COMMUNITY COLLEGE DISTRICT (SCCCD)
AVIATION PROGRAMS TO THE REEDLEY MUNICIPAL AIRPORT
A) APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE
A FIRST AMENDMENT TO LICENSE AGREEMENT WITH STATE
CENTER COMMUNITY COLLEGE DISTRICT (SCCCD) IN
SUBSTANTIAL FORM TO REVISE CERTAIN TERMS REGARDING
FACILITY USE FEES AND REIMBURSEMENT OF PROJECT
COSTS, INCLUDING AUTHORIZING THE CITY MANAGER TO
MAKE NON-SUBSTANTIVE REVISIONS TO CLARIFY TERMS
B) RATIFY THE AUTHORIZATION FOR CITY MANAGER TO EXECUTE
PLANNED SERVICE AGREEMENT WITH JOHNSON CONTROLS
FOR ALARM AND DETECTION MONITORING SERVICES FOR THE
TRAILER LOCATED AT THE REEDLEY MUNICIPAL AIRPORT
Sarah Reid, Community Services Dire~ { ---------
Nicole R. Zieba, City Manager ·
RECOMMENDATION
Consideration of items pertaining to the transition of the State Center Community College District (SCCCD) aviation programs to the Reedley Municipal Airport: A) Approve and authorize the City Manager to execute a First Amendment to License Agreement with SCCCD, in substantial form to revise certain terms regarding facility use fees and reimbursement of project costs, including authorizing the City Manager to make non-substantive revisions to clarify terms and B) Ratify the authorization for the City Manager to execute a Planned Service Agreement with Johnson Controls for alarm and detection monitoring services for the trailer located at the Reedley Municipal Airport, as required by the Fire Code.
EXECUTIVE SUMMARY
In August 2023, the City of Reedley (City) and the State Center Community College District (SCCCD) executed a License Agreement to operate two AERO programs offered by Reedley College at the Reedley Municipal Airport. The five-year License Agreement, with an optional five-year extension, provides SCCCD with use of one City-owned hangar, seven tie-down spaces for SCCCD-owned aircraft, and designated open airport property for the installation of a pilot briefing room facility and student parking area.
SCCCD is subject to the airport use fees adopted in the City of Reedley Master Fee Schedule for the hangar and tie-down spaces and to any fee revisions adopted by the City Council during the term of the agreement. The land occupied for the pilot briefing room and student parking area was calculated based on fair market value (FMV) per square foot for leased airport property. Staff later identified that the agreement did not include a Cost-of-Living (CPI) adjustment for the land lease rate. The proposed First Amendment addresses this omission by applying the same CPI adjustment to the land lease fee as is applied to the hangars.
Over the past two years, both organizations have gained a better understanding of the space requirements and costs associated with operating successful aviation programs. Reedley College identified the need for additional hangar space and began occupying a second hangar when one became available. Additionally, to minimize sun damage to aircraft, Reedley College requested to relocate portable shade structures in the tie-down area to cover five college-owned planes. While the additional hangar rent and shade structure fees have been charged to Reedley College, these costs were not formally included in the original License Agreement and are now incorporated into the First Amendment.
Staff has also evaluated the increased impact of additional foot and air traffic on airport operations and maintenance. The City and SCCCD discussed the establishment of a Facilities Impact Fee in the amount of $500 per month to account for the increased demand placed on airport operations. Under the original License Agreement, SCCCD paid the same fees as other airport tenants; however, staff observed that the aviation programs significantly increased usage of utilities and services, including electricity, restroom facilities, and ground maintenance.
The Facilities Impact Fee is intended to offset these additional operational costs beyond standard maintenance of the leased areas.
Several construction projects were associated with the transition of the aviation programs to the airport. At the time, staff provided its best estimate of project costs, with the City serving as the lead agency for all purchases. The City received reimbursement for all project costs except for the restroom improvement project, which benefits both organizations. Now that all projects have been completed, the First Amendment addresses the funding gap associated with the restroom project and clarifies the cost-sharing responsibilities of each organization.
FISCAL IMPACT
The addition of a second hangar, five shade structures, and the Facilities Impact Fee will increase monthly rent revenue to the Airport Enterprise Account from $1,045.66 in the original License Agreement to $2,108.66. All fees remain subject to future revisions through the City of Reedley Master Fee Schedule adoption process.
Amended Exhibit B
Location # in use Rent Amount
Han ar#3 1 $272 er month
2 Hangar#202 1 $419 per month
Tiedown Spaces 7 $61 X 7 = $427
Shade Cover 5 $8 X 5=$40
Land Lease 16,900 sf. $.32 X 16,900 = $5,408/12 = $450.66 Facilities Impact Fee 1 $500
Total Monthly Amount Total Annual Amount $25,303.92
$2,108.66
PRIOR COUNCIL ACTIONS
On July 25, 2023, City Council approved the License Agreement with SCCCD for use of the Reedley Municipal Airport.
ATTACHMENTS
1 . License Agreement
2. Planned Service Agreement with Johnson Controls
3 FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendment to LICENSE AGREEMENT ("First Amendment") is entered into by and between the City of Reedley (CITY) and State Center Community College District, (LICENSEE). and is effective as of February 24, 2026 ("Effective Date").
WHEREAS, CITY and LICENSEE entered into that certain LICENSE AGREEMENT dated August 8, 2023 ("Agreement") which is incorporated herein by reference; and WHEREAS, the term of the lease is set to expire on August 1, 2028, in accordance with Section 2 of the Agreement; and
WHEREAS, CITY and LICENSEE desire to amend the Agreement as set forth in this First Amendment.
NOW, THEREFORE, in view of the above recitals, and in consideration for the mutual promises set forth herein, CITY and LICENSEE agree that the Agreement shall be amended as follows:
1. Section 5 of the Agreement, entitled "Fees and Licenses," is hereby amended to read in its entirety as
follows:
5. Fees and Licenses. LICENSEE is subject to current CITY Adopted AIRPORT Fees as listed in the CITY Master Fee Schedule. Exhibit "B'' is a calculation for rent owed to the CITY for use of the Reedley Airport property. CITY evaluates its fees on an annual basis and reserves the right to revise the rental amounts in subsequent periods by amending the Citywide Master Fee Schedule, subject to approval by the Reedley City Council. Beginning July 1, 2026, LICENSEE will be subject to the same percentage adjustment with the land lease rent as amended through the Citywide Master Fee Schedule for the Hangars. Fees are due monthly for areas used and rented by the LICENSEE. The areas of use include: two (2) hangars, seven (7) tiedown spaces, five (5) shade structures and the per square foot cost for land lease associated with the space being used for the LICENSEE classroom and parking area. Due to the increased demand on Airport facilities and grounds associated with the LICENSEE use; a Facility Impact Fee will be imposed monthly at the rate of $500. Beginning July 1, 2026, LICENSEE will be subject to the same percentage adjustment with the Facilities Impact Fee as amended through the Citywide Master Fee Schedule for the Hangars. Attached is Exhibit "C" which shows the area of use on the AIRPORT by LICENSEE.
Until the time the LICENSEE has its own designated electrical meter, CITY and LICENSE share the meter the trailer receives electrical through. cI·TY will invoice LICENSEE monthly 89% of the Cl'TY electrical bill which has been determined as the average increase in use.
Fire Code requires the trailer occupied by LICENSEE, to have a monitored fire alarm system. CITY is the lead agency for the Planned Service Agreement and will invoice LICENSEE annually for fees associated with monitoring the system. 1 2. Section 6 of the· Agreement, entitled "Project Costs," is hereby amended to read in its entirety as follows:
6. Project Costs. CITY and LICENSEE jointly agree to the Restroom Project at the AIRPORT and will split the project cost 50%, CITY portion not to exceed $132,384 as this will serve both entities needs into the future. Exhibit "A" has been revised to include actual cost verses project projections. CITY will deduct rent fees from the already applied credit of $80,000 as outlined in the original License Agreement. All other project costs associated with the Restroom Project, in the amount of $150,000, will be paid in full upon receipt of an invoice from CITY. Once the CITY credit to the project cost is paid in full, through the monthly rent, Facilities Impact Fee and land lease credit process, LICENSEE agrees to commence paying to CITY monthly hangar fees, tiedown fees, Facilities Impact Fee and per square foot cost for land lease and associated with the space being used for the LICENSEE classroom and parking area. CITY and LICENSEE may negotiate an alternative payment schedule for monthly fees, i.e. , annual or quarterly, for the mutual convenience of the parties.
3. All Other Terms Remain in Effect. Except as otherwise expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect and shall be interpreted so as to give full force and effect to this First Amendment.
IN WITNESS WHEREOF, CITY and LICENSEE have executed this First Amendment as of the Effective Date set forth above.
C[TY
Signed: Date: ------------- -----------
Print Name: Nicole R. Zieba
Title: City Manager
LICENSEE
Signed: ---------------Date: ------ ---
Print Name: Dr. David El fatel
Title: Vice Chancellor,
Finance and Administration
2 LICENSE AGREEMENT
This is a License Agreement (hereinafter "LICENSE"), by and between the City of Reedley (CITY), and State Center Community College District, (LICENSEE). In this Agreement, CITY and LICENSEE are referred to individually as "Party" and collectively as "Parties." This Agreement is effective as of the date that the last Party to the Agreement signs the Agreement ("Effective Date").
1. Description of Licensed Premises. CITY is the owner of the Reedley Municipal Airport which is a general aviation airport (hereinafter "AIRPORT"), located at 4557 S. Frankwood Avenue, Reedley, CA 93654. AIRPORT has tiedown spaces, hangars, pilots' lounge with restroom facilities, transient parking, taxiway, runway, fueling station with Avgas and JetA fuels available, and open park space. The AIRPORT is a public-use airport that does not have scheduled service and is available 365 days per year and 24 hours per day. At no time will portions of the AIRPORT be closed from public-use due to the terms of this LICENSE.
2. Term and Termination. The term of this LICENSE shall consist of a term of five (5) years expiring at midnight on August 1, 2028. LICENSEE may extend this LICENSE for an addition five (5) year term with notification in writing signed by both parties prior to the subsequent LICENSE period. Prior to the end of the LICENSE, LICENSEE or CITY may terminate this lease upon 30 days written notice with or without cause.
3. Federal Aviation Administration (FAA) Provisions. CITY and LICENSEE are going through the Section 163 Determination with the Federal Aviation Administration (FAA) since the structures for the LICENSEE are not listed on the Reedley Airport Layout Plan. All new structures are subject to the FAA review and the agreement rent terms must meet Fair Market Value. The LICENSEE for itself, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree that: ( 1) no person on the grounds of race color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
The LICENSEE by accepting this LICENSE agreement expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or building nor permit object of natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of Title 14 CFR Part 77. In the event the aforesaid covenants 1 I 0243649.4 ST080-500
are breached, the CITY reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the LICENSEE.
The LICENSEE by accepting this LICENSE agrees for itself, its successors and assigns that it will not make use of the leased premises in any manner that might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the CITY reserves the right to enter upon the premises hereby leased and cause the abatement of such interference at the expense of the LICENSEE.
The LICENSEE will conform to AIRPORT and Federal Aviation Administration safety and security rules and regulations regarding use of the AIRPORT operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction program when offered or required by the AIRPORT; and will be subject to penalties as prescribed by the AIRPORT for violations of the AIRPORT safety and security requirements.
4. Purchasing. CITY will be the lead agency related to purchases laid out in Exhibit "A." CITY purchasing policy will be followed with all expenses being invoiced to LICENSEE for reimbursement to the CITY.
5. Fees and Licenses. LICENSEE is subject to current CITY Adopted AIRPORT Fees as listed in the CITY Master Fee Schedule. Exhibit "B" is a calculation for rent owed to the CITY for use of the Reedley Airport property. CITY evaluates its fees on an annual basis and reserves the right to revise the rental amounts in subsequent periods by amending the Citywide Master Fee Schedule, subject to approval by the Reedley City Council. The LICENSEE will be subject to any adjustment. Fees are due monthly for areas used and rented by the LICENSEE.
The areas of use include: one ( 1) hangar, seven (7) tiedown spaces and the per square foot cost for land lease associated with the space being used for the LICENSEE classroom and parking area. Attached is Exhibit "C" which shows the area of use on the AIRPORT by LICENSEE.
6. Project Costs. CITY and LICENSEE jointly agree to the Restroom Project at the AIRPORT and will split the project cost 50%, CITY portion not to exceed $80,000, as this will serve both entities needs into the future. Exhibit "D" shows the Restroom Project scope of work. CITY will take the lead on preparing the bid documents and oversee the construction portion of the Restroom Project. CITY will deduct the 50% CITY obligation from the then in effect monthly rent until the amount is paid in full or will pay the balance remaining to LICENSEE if this agreement is terminated per Section 2 before the LICENSE expiration date. Once the CITY contribution to the project cost is paid in full, through the monthly rent and land lease credit process, LICENSEE agrees to commence paying to CITY monthly 2 10243649.4 ST080-500
hangar fees, tiedown fees and per square foot cost for land lease associated with the space being used for the LICENSEE classroom and parking area. CITY and LICENSEE may negotiate an alternative payment schedule for monthly fees, i.e. , annual or quarterly, for the mutual convenience of the parties.
7. Business License. LICENSEE shall require any vendors providing goods or services at AIRPORT in support of their ongoing operations to have a valid City business license.
8. Use of CITY's Facilities and Resources by LICENSEE. LICENSEE shall use the premises for Reedley College for two AERO programs.
(1) AMT - (Aviation Maintenance Technology); This program is to train Airframe and Powerplant (A and P) Technicians. A and P Technicians are mechanics that repair and/or maintain aircraft. These students will use the CITY hangar to store tools/supplies to work on the jet aircraft.
(2) Flight Science - (Piloting); This program is to train private pilots, instrument rated pilots, commercial pilots and certified fl ight instructors (CFI). These students will use the Pilot Briefing Trailer to plan their flight plan and they will fly the college owned aircraft with a CFI .
Students and Professors associated with the program will have the ability to come and leave the AIRPORT as needed and will be assigned gate cards for access. It is the responsibility of the LICENSEE to track and check in and out the keys as students and staff change. Exhibit "E" is an example of the key card receipt form.
LICENSEE received grant funding to develop necessary improvements at the AIRPORT to support the two AERO programs' needs. LICENSEE shall reserve the right to use these funds to compensate the CITY for the Restroom Project and additional necessary improvements as outlined in Exhibit "D" Restroom Project scope of work referred to in Section 5.
9. Maintenance of Premises. CITY agrees it will at all times maintain and operate with adequate and efficient personnel and keep in good repair the AIRPORT premises and the appurtenances, facilities and services now or hereafter connected therewith. CITY agrees to keep, operate, and maintain all AIRPORT facilities in good condition and repair, and in a neat, clean and operating condition including replacing all worn-out fixtures, furnishings, carpeting and other floor coverings, machinery and equipment as may be required.
LICENSEE shall at all times keep the premises in a neat, safe, and sanitary condition. LICENSEE is responsible for leaving the AIRPORT in the same condition it was found. Vehicles are not allowed to drive on the taxiway or runways and must stay on designed areas at all times. All trash and waste created from 3 l024 ' 649.4 ST0S0-500
the LICENSEE is the responsibility of the LICENSEE. LICENSEE may use the current disposal bins at the AIRPORT; however, if this trash becomes more than the bins can handle it will be the responsibility of the LICENSEE to make disposal services arrangements with Mid Valley Disposal and is responsible for all fees and cost associated with the disposal service. At the time this becomes a need , CITY will provide the LICENSEE a 30-day notice to get disposal services in place. At the cost of the LICENSEE is responsible for the internal areas of the classroom space and shared responsibility of the joint restroom being used by the LICENSEE. The CITY will provide cleaning of the joint restroom facility once a week. The CITY has full use of the storage area being provided by the "Restroom Project."
10. Safety and Security. LICENSEE is responsible for all the equipment, aircrafts, buildings and any other items associated with the LICENSEE's use. 11 . Student Release, Waiver, and Indemnity Agreement. Prior to each semester, LICENSEE is required to have all participants fill out and sign the CITY Release, Waiver, and Indemnity Agreement, attached hereto as Exhibit "F," or as may be amended from time to time. A copy of all completed waivers must be delivered to the CITY within 48 hours of the first day of instruction. Electronic copies of the waivers are acceptable.
12. Indemnification. Except for the intentional misconduct or gross negligence of CITY, LICENSEE shall defend, indemnify and keep and hold CITY, including CITY'S officers, employees, agents, their successors and assigns, harmless from any and all costs, liability, damage, or expense (including costs of suit and fees and expenses of legal services) claimed by anyone by reason of injury to or death of persons, or damage to or destruction of property, including property of LICENSEE, sustained in, on, or about the demised premises or arising out of LICENSEE's use or occupancy thereof, as a proximate result of the acts or omissions of LICENSEE, its employees and agents, or its contractors , licensees, invites or subtenants, their successors and assigns or arising out of the condition of the property. CITY shall, by appropriate, written notice to LICENSEE, advise LICENSEE as soon as practicable regarding any potential liability of LICENSEE under this Section.
13. Insurance Requirements.
i. Commercial General Liability
a. LICENSEE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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 4 I 02-D649.4 ST080-500
occurrence limit. LICENSEE general liability policies shall be primary and shall not seek contribution from the CITY's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by LICENSEE shall not affect coverage provided the CITY.
c. Coverage shall state that LICENSEE's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
ii. Business Automobile Liability
a. LICENSEE shall provide auto liability coverage for owned , non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
ii i. Workers' Compensation and Employers' Liability
a. LICENSEE shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1 ,000,000). LICENSEE shall submit to CITY, along with the certificate of insurance.
iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled , or reduced in limits except after thirty (30) days' prior written notice has been given to the CITY, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the CITY.
c. Evidence of Insurance - Prior to execution of this LICENSE, the LICENSEE shall furnish the CITY with certificates, additional insured endorsements, and evidencing compliance with the insurance requirements above. The LICENSEE must agree to provide complete, certified copies of all required insurance policies if requested by the CITY. 5 I 02-U649.4 ST080-500
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. e. Enforcement of Contract Provisions (non estoppel). LICENSEE acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform LICENSEE of non-compliance with any requirement imposes no additional obligation on the CITY, nor does it waive any rights hereunder.
f. Specifications not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific references to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive or to the exclusion of other coverage, or a waiver of any type.
14. General Provisions. The following general provisions apply to this Agreement:
a. Full Understanding of the Parties. This LICENSE represents the total and complete understanding of the Parties. Any other oral understandings or other prior understandings shall have no force or effect. This LICENSE is intended to be comprehensive as an integrated agreement containing all of the understandings and contractual obligations of the parties.
b. Further Assurances. The CITY and LICENSEE agree to cooperate fully in carrying out the terms and conditions of this LICENSE, including the execution of such documents or taking further action that may be necessary to carry out the purposes and intent of this LICENSE.
c. Compliance with Laws and Regulations. The Parties shall comply with all applicable laws and regulations in performing any rights or obligations of this LICENSE, or which may be applicable to the AIRPORT.
d. Severability. If any provision in this LICENSE is held by a court of competent jurisdiction to be invalid, void , or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way. Each and every provision required by law to be inserted into this LICENSE shall be deemed to be inserted herein, and the LICENSEE shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted , or is not correctly inserted, then upon application of either Party, this LICENSE shall forthwith be physically amended to make such insertion or correction .
e. Amendment. The terms of this LICENSE shall not be amended in any manner except by written agreement signed by the Parties.
6 I 02-D649.4 ST080-500
f. Headings and Captions. The clause headings or captions appearing in this LICENSE have been inserted for the purpose of convenience and ready reference.
They do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the clauses to which they appertain.
g. Authorized Representative. Each signatory to this LICENSE on behalf of an entity other than an individual, represents and warrants that he or she is the duly authorized representative of the Party for whom the signatory executes this LICENSE and may bind such entity to this LICENSE.
EXECUTION
Wherefore, the Parties hereto, by their signatures herein below, enter into this LICENSE effective as of the Effective Date.
CITY
~ 1xs Signed: Date: g/ f3/2J I
Print Name:
Title:
LICENSEE
Signed: Date: f, z -z J
Print Na
Title: Interim Vice Chancellor,
Finance and Administration
7 ! 0243649.4 ST080-500
* Restroom Purchase
* Restroom Construction
Pilot Briefing Room first year lease
Electrical Work for Pilot Briefing Room
Exhibit A
Estimated Costs
$114,669
$75,000
$56,907
$9,200
Pilot Briefing Room second year purchase $50,424
FAA Section 163 Review $4,764
Total Estimated Costs $310,964
City Engineer rate to prepare bid package for
Restroom Project (City contribution)
*City of Reedley and Reedley College will split the Restroom Project by 50% (not to exceed $80,000 f or the City of Reedley) because of the joint benefit both agencies receive from the project.
Exhibit "B"
Reedley College Estimated Rent for Airport Use
Location # in use Rent Amount
Hangar#3 1 $224 X 12=$2688
Tiedown Spaces 7 $53 X 7=$371/12=$4452
Land Lease 16,900 sf. $.32 X 16,900=$5,408/12
$450.66
Total Monthly Amount Total Annual Amount
$1,045.66 $12,547.92
These amounts are based on the land lease rate and hangar and tiedown fees that are in place as of May 2022, and are expected to change annually after the Citis normal annual review of fees. The City's contribution to the project, effectuated through monthly rent credits., will be calculated using the fees in effect at the time of the credit until full~ satisfied.
Project : Reed ley Airport
Customer: City of Reedley
Location : Reedley, California
Date : 11av 9, 2022
i; ·· r 11 .. -,
. ,... ) s
Exhibit D
Building Supply Only
0 Section 1 below is an outline of the scope of products and services that will be included as part of the Romtec build ing package . Section 2 below is an outline of the scope of work fo r the installe r to complete installation .
Section 1 - Romtec Scol)e
ess - Star 0 s
Below is an outline of Romtec's process for design ing , producing , and delivering the building kit(s) . This process may require the customer to release Romtec to begin production prior to receipt of final building permit(s) .
A Rom tee Provides a Quote/ Pro po a I
1. Customer will have 30 days to place a purchase order after receipt of the Romtec quote.
2. If the customer has not placed a purchase order within the time above, Romtec reserves the right to update pricing .
3 . Romtec's Quote/Proposal will include Credit Application and Project Information forms .
4. Depending on the nature and complexity of the project, Romtec's Quote/Proposal may also include a proposed payment schedule . Otherwise, a proposed schedule will be provided in the next step . 3 ustomer Provide~ Signed Purchase Ord-:!r tomolete Credit Appl,ca wn and D
Co p e ed Project Inforrnat on ·orm
1. Romtec and the customer will finalize the agreed payment schedule.
Rorntec provides the full cop€ of Sup !y and Des gn Suom1t al .ac ·ane sso1. Romtec provides the SSDS in Romtec's standard electronic submittal format.
2. The SSDS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building . The SSDS supersedes this preliminary scope letter.
Customer re news and comments on the SSDS
1. At this time, the SSDS should also be prov ided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc. 2 . The SSDS typically does not contain final sealed plans and is NOT intended for review by the local building department (or other permitting authority) at this time.
3. Customer will have 45 days from purchase order date to approve the SSDS . .:usto er A ppro1es the SSOS a d re-lease- Rom ec to pr d ce e F J S'=aled Pa Se
1. The customer approves the SSDS and releases Romtec to produce the Full Plan Set by signing the submittal approval form included in the SSDS.
2. The customer's approval of the SSDS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDS is approved .
Romtec pro11 es the Full Sealed Pan et and reque- s otic ..... t Pro· e:e r ?roduc ·,or
1. After the customer has approved the SSDS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority) .
2. Romtec will also provide a Notice Proceed on Production (NTP) form for the customer to formally release Romtec to begin production of the order. Romtec cannot begin production without a signed NTP form . 3 . The Full Sealed Plan Set will include all relevant calculations, and all architectural , mechanical, structural, electrical, and plumbing plan sheets stamped by an architect or engineer licensed in the state where the project is located.
4 . Romtec's standard plan size is ll"x17".
5. Customer will have ninety (90) total days from the purchase order date to provide NTP. If the 90- day approval deadline is missed, Romtec reserves the right to update pricing at any time. rhe local building d 0 par"'rnent rev1e\f\r and comment-s or. the Rom re_ pl 3r,s
1. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority) .
2. Romtec includes one revision of the Full Sealed Plan Set in response to building department comments . Any comments that result_ in revisions of the sealed plans may result in a price increase, especially if they affect items that are already in production .
The local bu1ldtng d~par .ri n· appro ;~st ~ r 11-ed P.omt~c plan.,
1. Romtec will provide up to two (2) sets of the fina l, approved, for-construction plans .
2. Romtec will complete production/manufacturing of the building package per the final approved plans.
I omte,.. delivers he cornple e b I d1~g pac 39e
1. Romtec will package and pal letize the completed building package, and then coo rd inate with the customer to deliver the package to the jobsite for construction by the instal ler. 2 . Romtec's warra nty period beg ins.
Romtec , I nc. ! 18240 North Bank Road ! Roseburg, OR 97470 ! 541 -496-3541 I Email : sa [email protected] ! www .rom tec.com 2, Rom tee Scop uppty
A St ructure
1. Romtec's proposa I includes the specific color selections noted below. Deviation from these may result in a price increase.
2. The following building package structural items will be supplied by Romtec . a. Concrete Masonry Units - CMU
i. Exterior walls will be constructed of split-face, mortar joint, concrete masonry units (concrete blocks).
ii. Block color will be tan.
b. Interior wall finish to have anti-graffiti coating . c. Sanitary tile cove base on interior restroom walls . d. Wire weave gable vents for natural ventilation .
i. Vents are powder coated black.
e. Doors, frames and hardware
i. Stainless steel, ball bearing hinges.
ii. Heavy duty door closers .
iii. Restroom doors to have interconnected lock with occupancy indicator. iv . Double door/frame on mechanical room .
f. Roofing materials
i. 2x6 tongue and groove decking .
ii. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels .
Note: Roofing color shall be selected by the owner from the manufactures standard color chart.
B Plumbing F 1xt.ures and Accessories
1 . The following items relative to the fixtures will be supplied by Romtec:
a. Floor mount, china toilets with exposed , sensor flush valves. b. Wall mount, china sinks with chrome push faucet.
c. Wall mount, stainless steel 3-roll toilet paper dispensers. d . Utility sink with faucet located in the mechanical room. e. 18x36 mirrors
( Electrical Fixture~
3 De ·v r
1 . The following electrical fixtures will be supplied by Romtec :
a. Exterior lighting
i. Wall cylinder, LED downlight light fixtures .
ii. Lights controlled by photocell.
b. Interior lighting
i. Ceiling mount, 48" LED light fixtures .
ii. Light controlled by motion sensor.
c. Electric tank, 20-gallon water heater.
d. Wall mount, Xlerator hand dryers.
e. Main breaker panel sized for the building components . i. 100 amp, single-phase, indoor.
S o age, and an
,.\ Delivery Vehicle Size
1. Romtec's delivery vehicles are vans or trucks with 53' tra ilers, or the largest trailer up to 53 ' that is legally allowed to access the job site . Overall dimensions of the delivery vehicles are :
a. 70 ' overall length
b. 102" wide
c. 168" high
i3 umber of 0?.I 1veri 2
1. Romtec bases its freight quote on the optimal m inimum number of deliveries. If the customer elects to increase the number of deliveries, it may result in additional freight charges . 2 . Regardless of the number of deliveries, the customer is re sponsible for all offload ing and related costs .
Romtec, Inc. I 18240 North Bank Road I Roseburg , OR 97470 I 541 -496-3541 l Email: [email protected] I wvvw .romtec.com C Delive ry inspection
1 . Romtec allows for fi ve ( 5) business da ys fo r th e customer to inspect and acce pt the del ivered bu ilding package.
2 . Any items not specifi cally rejected a~er fiv e days are considered accepted . :l wa rantya d lim·t
A Warranty
1. Romtec gua rantees that the build ing will be free from defects in materials and workmanship for a period of not less than one (1 ) year from date of del ivery acceptance . If delivery of the completed building kit is delayed for any reason, the w arranty begins on the date that the building kit was ready to deliver.
2. Romtec may optionally delay the warranty sta rt date for up to si x (6) mon ths from the delivery date to allow for the customer to complete installation of the building . If the customer completes installation of the building within this time, the 1-year warranty will begin on the installation completion date.
3 . In no case will the 1-year warranty start date be later than si x (6) months from the delivery date .
Any delay not caused by Romtec that requires an extension of the warranty start date may result in a change order to cover the ex tended warranty period . 4 . Romtec passes along individual product manufacturers' warranties to the customer and/ or end owner. Some of these individual products may include warra nty terms that vary from the Romtec warranty and may be shorter or longer than the overall bu ilding package warranty. For example, metal roofing includes special wa rranty terms noted in the disclaimers below .
B Oisdaimers
1 . Stone and mineral products such as tile, stone veneer, and concrete will all show surface cracks over time due to multiple factors, including bu ilding settl ing , wall movement, environmental conditions, and maintenance/ upkeep (or lack thereof). Romtec cannot guarantee that stone products in the building will not eventually crack . Repairing of cracks in stone products is a maintenance issu e, not a warranty issue . In other words, stone products in the building may eventually crack, and repair of these cracks is not covered under the Romtec warranty. 2 . Romtec passes along the manufacturer's warranty for metal roofing . Most metal roofing manufacturers intend for their roofing to be installed immed iately upon delivery from the factory ; otherwise, most ha ve special storage requ irements to validate their wa rranty . All project circumstances are different, and because Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer or that the meta l roofi ng will be stored at the jobsite accord ing to the manufact urer's requirements, Romtec does not include metal roofing in the overal l Romtec build ing w arranty .
3 . Smooth face CMU block can have a significant variation in color and texture and should never be used as an architectural finish . Smooth face CMU block shou ld always be either painted or have siding covering it. Romtec does not guarantee uniform color or texture of block, nor claim that any aspect of block color or texture will remain stable over t ime .
4. Most HVAC eq uipment manufacturers (heat pu m ps, air condit ioners, heaters, etc.) requ ire insta llation by a factory certified technicia n to engage the ir warranty. The installer w ill need t o demonstrate installation was completed pe r m anufacturer req uirements to m ake a val id warranty claim for HVAC equipment.
Section 2 - Installer Scoge (bl/ others)
.S ope S p ly a d Ser "ces b 0th rs
Overview
The followi ng section incl udes an overv iew of items to be provided by others t hat are required to com plete the installation of t he Romt ec build ing package.
1. Items in this section are typically prov ided by th e installe r, or, for proj ect s where the insta lle r is sepa rate subcontractor of the general contra ctor and/or owne r, som e items are typically provid ed the contractor.
2. The items below are se para ted into installe r items and contractor it ems . If the insta lle r and contractor are the same entity, then that enti ty is responsi ble for all items in t his section.
Rom tec, Inc. I 18240 North Ba nk Road I Roseburg , OR 97470 I 541-496-3541 ! Ema il: [email protected] ! www .romtec.com 8 . Installer Scope
The installer's scope will generally consist of foundation/ pad construction and build ing package assem bly /construction .
1 . Structu ra I
The following structural components will be provided by the installer:
a. All materials, equipment and labor for footings and interior slabs. b. Latex epoxy paint wall finish .
c. Caulking.
d. Concrete sealant for floor and CMU block exterior.
e. Masonry (concrete) grout and rebar
f. The installer may be required to notch CMU block for bond beams, cut full blocks to create half blocks and grind blocks for fi x ture mounting purposes .
Note: Romtec is not responsible for any cost or installation delays associated with this CMU block modification work.
g. The installer may be required to cut stone veneer to achieve the required shapes necessary for installation.
Note: Romtec is not responsible for any additional stone veneer work required of the installer. h. Sealant for all exposed wood.
i. Typical fasteners such as nails, staples, and screws, and any other fasteners not included in product packaging.
j . Doors and frames will arrive primed to be painted on-site by installer. 2 . Plumbing
The following plumbing components will be provided by the installer. a. Plumbing rough-in, installation and trim within 10' of the building footprint will be by the installer.
b. All water and sewer piping and floor drains within the building footprint are provided by the insta ller.
3. Electrical
The following electrical components will be provided by the installer. a. Electrical rough -in, installation and trim· within 10' of the building footprint will be by the installer.
b. All switches and outlets that are not included with electrical products are provided by the insta ller.
4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the installer. a. Building package installation
b. All other items within the building footprint indicated on final plans or required by building codes to complete installation of the building package which are not specifically stated as supplied by Romtec or by others.
C Contractor Scope
The contra ctor's scope will generally consist of site preparation and grading , excavation for structures, backfill and/or structura l backfil l, and any site work or utility work outside the bu ilding package footprint.
1. Structu ra I
The following items relative to the structural co mponents will be supplied by the contractor:
a. All materials, equipment and labor for exterior slabs and sidewalks. b. If required, design and supply of gutters and downspouts is by the contractor or others.
Romtec can show basic gutters and downspouts on the plans upon request . 2 . Plumbing
The following plumbing components wi ll be provided by the contract or. a. Incoming plumbing utilities to within 10' of t he building exterior will be by the contractor. b. All water and sewer piping, drains, and valves external of the building footprint are provided by the contractor.
3 . Electrical
The following electrical components wil l be prov ided by the contractor.
Romtec, I nc. I 18240 North Bank Road I Roseburg, OR 97470 I 541 -495- 3541 I Email: [email protected] I www.romtec.com u
a. Incoming electrical utilities to with 10' of the building exterior are provided by the contractor.
b. Electrical meter base and meter are provided by the contractor. 4 . Other materials, equipment, and services
The following materials, equipment, and services are provided by the contractor. a. Site grading and/or asphalt g. Backflow check valves & paving
b. Masonry pavers
C.
d.
Branch circuit breakers
Fire alarm & fire
suppression equipment
e. Gutters and downspouts
f. Lighting equipment not
attached to the building
Delivery Storage and Ha dling
h.
i.
j .
k.
I.
drain valves
Freeze protection
Landscaping
Specia l inspection serv ices
Permits and fees
Site plans
m . Geotechn ical reports
1. The installer and/or contract or will be responsible for all equipment and labor required for offloading of the delivered building package onsite . This includes providing appropriate equipment, including but not limited to a forklift with minimum 8,000 lb . capacity and 6 ft. fork extension .
2. Installer or contract or shall comply with all handling instructions/recom menda tio ns provided by Romtec.
3 . The installer and/ or contractor will assume responsibility for adequate protection of delivered materials from weather, damage, and pilferage or all warranties, expressed or im plied may be voided .
4. Do not throw away the Operations & Maintenance manuals that are provided by some manufacturers in their product packaging . It is the responsibility of the installer and/ or contractor to collect and maintain these manuals until delivered to the owner. om ec General E cept10ns 1 E "Cius. ')fi.5
The following are items that Romtec does not provide as part of its standard prod ucts and services .
1. Site v isits by Romtec staff are not included in the proposal.
Note: If site visits are required, Romtec will issue a change order.
2. Unless otherwise stated, Romtec is not proposing to meet any Buy Ameri ca standard for materials . 3 . Romtec's proposed building design is based on the following standard design loads . These standard design loads are typical for many locations. Local design loads specifi c to this project may require changes to the build ing design, which may result in a price increase due to increased material costs .
a. Roof Snow Load : 25 psf
b. IBC Seismic Design Category : C
c. Design Wind Speed : 110 mph
d. Allowable Soil Bearing : 1500 psf
e. Occupancy Type: U
f. Type: VB
4. Any site utility sizing shown on the Romtec pla ns is either based on design criteria provided by others or based on Romtec's assumption of the appropriate sizing . Sit e utility sizing m ust be confirmed by the customer. Romtec is not responsible for determining or confirming site utili ty sizing .
5 . To ensure timely delivery of the building package amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec reserves the right make equivalent or better substitutions at any time for any co m ponents tha t are not specifically required to match an exact brand/ model.
6 . Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green stand ards , but Romtec does not provide or fill out LEED credit fo rms. Unless specifically included in Romtec 's proposal and quote, Romtec does not supply materials wi th the intent of meeting LEED standards. Any changes due to LEED or Green building requirements wi ll result in a change order and increased lead times ."
7. Any CM U block pla n(s) provided by Ro mtec are only accurate if Ro mtec supplies the CMU block . 8 . All steel fabrication w ork is performed by qualified fabricators in conforma nce w ith engineered dra wi ngs . Romtec does not offer third pa rty certifica tion or inspection of steel fabrication work .
Note: Romtec's scope of work is based on customer acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately.
Romtec, Inc. l 18240 North Bank Road I Roseburg, OR 97470 l 541 -496- 3541 I Email: [email protected] I www .romtec.com LEGEND
SYHBOL DESCRIPTION AREA/
QUANTITY
~ GABLE VENT 4
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EXTERIOR Y'lALL LIGHTS 4
INTERIOR CEILING LIGHTS 4
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THE BUILD ING . ALL D IHENSIONS, FEATURES AND
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D RAl"IINGS H AY OR HAY NOT BE PART OF THE
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PRELIHINARY ARCHITECTURAL REPRESENTATION Of
THE BUILD ING . ALL DIHENSIONS, FEATURES AND
C.OHPONENTS SHOl"lN ON THESE PRELIHINARY
DRAY'llNGS HAY OR HAY NOT BE PART OF THE
QUOTE. PLEASE REFER TO THE "SC.OPE OF SUPPLY
AND SERVICES" LETTER PROVIDED V'llTH YOUR QUOTE
FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY.
Y: J,c.hOMUCi- -ON- Til2/20~2-----: -L)l.5l'-f"'RIN
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18240 North Bank Rd .
Rosebu rg, OR 97470
P: 541-496-3541
Date
5/9/2022
--· ... ·---·--' -·. - -- ........... ,.. --··----.. --------· ... ·-·- F: 541-496-0803 ;~ :~
E: servi [email protected]
PROPOSAL/PO #081721-RMT • Sourcewell ~ · l
~· Reedley Airpo rt Restroo m
Customer: City of Reedley
----- 1
Sarah Reid
100 N. East Ave
Reedley, CA 93654
CA DIR# 1000002582
Quantity Building Proposal Description
1 Romtec Model 2024 Restroom building per Romtec Scope of Supply and Services Document Dated 5-9-22
Sourcewell DISCOUNT: Available only to members of Sourcewell. 5.00% ROMTEC INC. SUPPLY SUBTOTAL
Estimated Freight t o: Reed ley, CA
ROMTEC INC. PURCHASE ORDER TOTAL
$
$
$
$
$
Extended Pri ce
116,347.55
(5,817.38)
110)530.17
4;138.50
1141668.67
,..Due to recent market volatility and inflation rates, the proposal pricing is valid for thirty (30) days from the proposal date. If the Customer has not returned a signed Purchase Order within thirty (30} days of the proposal date, Rom tee, Inc. reserves the right to update the price to reflect cost changes . .,This pricing is based on the understanding that Romtec, Inc. will be released for production within ninety {90} days. If, for any reason, Romtec, Inc. has not received Submittal Approval and Notice to Proceeed with Production within ninety (90} days of the Purchase Order date, Romtec, Inc. reserves the right to update the Purchase Order price to reflect inflationary cost changes.
• sales or use ax is not included in the bove price. Sales or use taxes may be required for your project depending on exus requirements.
Rom tec cha rges 2.75% of total contract va lue for the bonding rate (if required). Unless specifically stated in the above quote, thi s amou nt is not included in the total amount shown, and may be appl icable at t he ti me of invoice . *This proposa l includes the design & engineering by Romtec Inc. t o produce a com plete plan set that wi ll meet the architectural and engineering code required in you r state . In some cases local code may vary from typica l state requireme nts and may result in a change in pri ce t hat cou ld not have been anticipated at ti me of quote. * All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document. * Non-Agency orders must be placed on Romtec Inc. purchase order forms . * Shipping prices are esti mates only and are subject t o change without notice. * Quote ba sed on standard design averages, including: roof snowload of 25 psf, IBC Seismic Design Category: C, Design Wind Speed : 115 MPH, Allowable Soule Bearing: 1500 psf, Occupancy Type: U, Construction: VB. * Unless included with this quote, a payment schedu le and terms wi ll be established after the signed Purchase Ord er is received . Romtec Inc. generally requ ires a deposit payment upon receipt of the signed Submittal Approval & Notice to Proceed on Production document.
Any deposit amount w ill be defined with the forthcoming payment schedule.
* Design Services include Romtec providing one(l) initial unsealed plan set on llx17 format and one (1) sealed revision in response to reviewing authority comments (excluding Romtec Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing of plans for Trads and Original models is only available upon request and may result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will be charged. *Sales or use Tax is not included in the above price. Sales or use taxes may be required for your project depending on Nexus req uirements.
*The pricing defined in this proposal is contingent upon the customer signing thi s form and agreeing to the Romtec terms and conditions defined in this proposal. Any modifications to the terms and conditions defined herein may result in a price increase. * Romtec's stand ad insurance coverage document is available upon request. Unless otherwise specifically noted herein, Romtec's standard insurance coverage is accepted by Customer and considered sufficient coverge for all work related to this purchase order. Customer agrees to pay any costs related to additional insurance requirements not specifically noted in this order. *The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.
Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable} can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production.
Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature Date Customer/Owner Printed Name Romtec Inc. Printed Name
Customer/Owner Company
Proposal Terms & Conditions
Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in accordance with the following terms and conditions :
Terms of Payment
Romtec offers terms upon approved payment bond and credit approval by Romtec's accounting department (to be determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa, MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier's check if a ca rrier selected by Romtec ships materials.
Credit Terms
Upon execution of the Purchase Order agreement, if Customer is not pre-paying 100% of the contract value, Cu stomer shall provide a completed credit application (subject to Romtec's approval) and, if applicable, evidence of payment bond securing Customer's obligation to pay the balance of the purchase price in full. Credit terms are conditional and may be modified su bsequently at Romtec's discretion if new information or conditions warrant such modification .
Payment Terms
To be established by Romtec's accounting department after receipt of Cu stomer's credit application.
Deviation From Payment
Time is of the essence with respect to Customer' s payment of the purchase price, and timely payment shall not be delayed or excused for any reason . Payment agreement between Customer and other parties, or failure by other parties to pay Customer or perform any agreement with Customer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial payments, any offsets, and/or retainage against the Purchase Order price. Should Customer not act according to the terms of payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are subject to pre-payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15 percent, from the date payment was due. For accounts that are 15 days or more past due, ROMTEC will withhold all warranty service until the account is fully paid and in good standing. This does not in any way toll the warranty period.
Tax
Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this order. Customer is responsible for remitting any taxes that are applicable.
Change Orders
All Change Orders must be signed by the Customer. Prices stated herein are valid for 30 days from the purchase order date, or two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i) incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii) incurred costs of "reseal in{( plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11" x 17" format. Additionally, any modifications (for any reason ) to ROMTEC's Scope of Supply & Design Submittal, prior to formal approval, may result in a price adjustment. Any modification to ROMTEC's Scope of Supply & Design Submittal requested or required by Customer for any reason after formal submital approval shall be performed by ROMTEC at Customer's expense, as follows : (i) Customer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Customer's description, ROMTEC shall provide to Customer a written price quote for the modifications requested; (iii) Cu stomer shall pay the Change Order Invoice to ROMTEC in accordance with payment terms.
Delay of Project
Sho uld progress of the project be delayed so that ROMTEC cannot produce and deliver the goods within six months from the date the purchase order is signed, Customer agrees to reimburse ROMTEC for all design and administrative expenses related to the completion of the Scope of Supply & Design Submittal as compe nsation for design services rendered. Customer also agrees to immediately pay any expenses related to any Customer authorized procurement or production of items. Add itionally, Customer agrees to accept cost increases that may occur during t he time the project is delayed.
Terms of Delivery
ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is beyond ROMTEC' s control. Unless otherwise stated herein, all goods are shipped F.O.B. Roseburg, Oregon, and the risk of loss or damage to the goods and risk of delays in transit passes to the Customer w hen the goods are duly delivered to the carrier in Roseburg, Oregon. ROMTEC has no control over arrival time of a shipment, and ROMTEC shall not be responsible for delays in shipments once the goods lea ve ROMTEC's plant. ROMTEC's required procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling instructions of the manufacturer of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE CUSTOMER.
Description of Products and Warranty
ROMTEC's Scope of Supply & Design Submittal document (provided subsequent to this order) contains and defines ROMTEC's complete offering of its products and services (as applicable). The Scope of Supply & Design Submittal also defines ROMTEC's Limited One Year Warranty. Warranty terms available prior to the su bmission of the Scope of Supply & Design Submittal upon request.
Terms of Shipment & Delivery
Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC shipment ordered by a Customer is ready to deliver the goods to the Customer, the Customer agrees to accept the goods at the carrier's earliest possible delivery date and time.
Store & Invoice
If Cu stomer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Customer agrees to pay ROMTEC under the agreed payment terms, using the date the order was ready for shipment as the invoice date (if prepayment or COD terms apply, paym ent is due within 7 days from the time of delay). Once the order is invoiced, the materials shall become property of the Customer.
Further, ROMTEC may at its sole discretion invoice the Customer for a minimum of $450 per month for on-site storage. Deliveries that are delayed by the Customer may be canceled by ROMTEC and the goods returned t o ROMTEC at ROMTEC's discretion. Any costs or other issues arising from the Customer's act in delaying receipt of ROMTEC1s shipments are the complete responsibility of the Customer. The Customer agrees to pay for the complete shipping cost if ROMTEC elects to allow the goods to be returned to ROMTEC or delivered to another Buyer.
Cancellation
Mutual accepta nce of the purchase order indicates notice for ROMTEC to proceed with the provision of design services required in completing its Scope of Supply & Design Submittal. Should Customer cancel its purchase orde r prior, the following fee schedule will take effect:
1. Cancellation after Purchase Order but prior to Submittal Approval : 30% of total contract value due
2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production: 75% of tota l contract value due
3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total contract value due
In addition, Customer shall reimburse all expenses related to any Customer authorized procurement or production of items prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Customer indicate approval of its supply offering by executing the approval signature page of the Scope of Supply & Design Submittal document and/or a formal Notice to Proceed on Production. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of t he building kit package(s), the Customer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or exchanges.
Contract Documents
Together with this Purchase Order, the following constitute the "Contract Documents" and the entire contract between the parties, either written or oral: (i) ROMTEC's Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).
Legal Proceedings
If Customer fails ·to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Customer agrees t o pay the reasonable attorney feesand other costs of such collection, regardless of whether litigation is actually commenced.
In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the prevailing party in the dispute, including those arising before and during any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.
This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County with respect to litigation regarding any dispute, claim or other matter related to this contract.
Controlling Provisions
The terms and conditions of this Pu rchase Order shall supersede and control any provisions, terms, and conditions contained on any confirmation order, Purchase Order, or other writing the Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.
Binding Effect
This Purchase Order agreement shall be effective and in force only when signed by Customer and also signed by ROMTEC. ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and assigns of t he parties.
Notice
All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this paragraph.
Modification
No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.
Interpretation
The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or mea ning of the paragraphs themselves. All parties agree that they have had sufficient opportunity to negotiate these terms and have them reviewed by their cousel of choice. The parties agree that no legal interpretation of these terms should be construed against the drafting party.
Severability
The invalidity of any term or provision of this agreement shall not affect t he validity of any other provision.
Waiver
Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or prejudice any party' s right to require strict performance of the same provision in the future or of any other provision.
Force Majeure
Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage resu lts from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault or negligence of such party. A contingency for the purposes of this Agreement includes Acts of God, fires, floods, earthquakes, explosions, storms, wars, hostilities, blockad es, publ ic disorders, pandemic or other public health emergency, quarantine restrictions, embargoes, stri kes, other labor disturbances or down t ime, unavailability of electronic communication lines or equipment, and compliance with any law, order or control of, or insistence by any governm ental or military authority.
Counterparts
This Purchase Order agreement may be executed in multiple counterparts, each of which sha ll constitute one agreement, even though all parties do not sign the same counterpa rt.
Exhibit E
REEDLEY AIRPORT
KEYLESS ENTRY/CARD READER RECEIPT
I, ____________ , HEREBY ACKNOWLEDGE I HAVE RECEIVED
CARD# KEY# _________ _
I AGREE THAT IF I LOSE OR DAMAGE THE CARD ASSIGNED TO ME OR REQUEST ANOTHER CARD, I WILL BE CHARGED AN ADDITIONAL FEE OF $10.00 PER CARD/KEY. I
ALSO ACKNOWLEDGE THAT IF FOR ANY REASON, I NO LONGER NEED A CARD, I WILL WlTHIN 30 DAYS RETURN IT TO THE AIRPORT MANAGER AT 100 N. EAST AVENUE, REEDLEY, CA 93654 OR THE REPLACEMENT AMOUNT WILL BE TAKEN FROM MY DEPOSIT. THIS AMOUNT WILL BE CHARGED AT $50.00 PER CARD/KEY.
DATE: __________ _ SIGNED: ___________ _
ADDRESS: _____ ___________________ _
HOME PHONE: ___________ CELL: _________ _
CHECKED OUT BY ___ (INITIALS)
INITIAL CARD/KEY _______ _ REPLACEMENT _____ _
RETURNED DATE: ________ _ CHECKED IN BY ____ (INITIALS) Exhibit F
CITY OF REEDLEY
RELEASEJ WAtVER AND tNDEMN ITY AGREEMEN T
For and in consideration of permitting _ ___________________ ("Perm ittee") to ("Event"), including activities in
preparation thereof, in the City of Reedley , County of Fresn o, and State of California and to the furthest extent allowed by law, Permittee agrees to release , indemnify , hold harmless and defend City of Reedley ("City") and its officers, officials , agents, employees and volunteers from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Permittee or any other person , and from any and all claims , demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen out of Permittee's participation in the Event. PERl\JIITTEE AGREES TO
ASSUME THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO
HIMSELF/HERSELF WHILE PARTICPATING IN THE EVENT AND HE/SHE DOES HEREBY
VOLUNTARILY RELEASE THE CITY FROM , AND DOES WAIVE ANY RIGHT OF ACTION OR CLAIM
FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY OF THEIR NEGLIGENCE.
Permittee agrees (i) participation in the Event does not make Permittee an employee of the City; and (i i) any injury sustained by Permittee during his/her participation in the Event does not grant him/her any right, title or interest in any Workers' Compensation benefits for such injury as offered employees of the City, and Permittee waives and relinquishes any interest or right to claim any interest for such injury in the City's employment benefits offered employees of the City by reason of any common law employee rights theory or similar employment entitlements of any kind.
Permittee shall reimburse City for all costs and attorney's fees incurred by City in enforcing this Agreement.
This Agreement shall survive Permittee's participation in the Event.
The Permittee agrees that the contents of this document shall be binding upon his/her heirs, executors , administrators and assigns.
The Permittee acknowledges that he/she (i) has read and fully understands the content of this Release, Waiver and Indemnity Agreement; (ii) is aware that this is a release of liabi lity and a contract between the City and Permittee; (iii) has been fully and completely advised of the potential dangers incidental to participating in the Event; (iv) has had the opportunity to consult with his/her attorney, in his/her discretion; and (v) is fully aware of the legal consequences of sign ing this document.
Signature of Permittee Date
Signature of Witness Date
City of Reedley CS Trailer
Planned Service Agreement
Johnson Controls Fire Protn LP
2788 North Larkin Avenue
Fresno CA93727
USA
The Power behind your mission
Proposal Presented On:
07-25-2024
Customer#: 815128
City of Reedley
Date: 25-Jul-24
Proposal#: CPQ-674654
Term: 1-Nov-24 to 31-0ct-29
Service Location:
Reedley Municipal Airport
4557 S Frankwood Ave,
Reedley, CA 93654
SE ICE SOLUTIO
Billing Customer:
Reedley City Hall
100 N East Ave
REEDLEY, CA 93654-0000
Johnson Controls Fire Protection LP
Sales Representative:
Sheryl Ashton
2788 North Larkin Avenue
Fresno CA 93727
[email protected]
(559) 312-9084
INVESTMENT SUMMARY
{ Service Solution Valid for 30 Days)
SERVICE/PRODUCT DESCRIPTION QUANTITY FREQUENCY
SYSTEM-FA-SIMPLEX 2050FS
SIMPLEX 2050FS FIRE ALARM PANEL
Customer Pricing Type : Local
Monitoring Account Type: Fire Alarm
Number of Additional Building Partitions: 0
Total Initiating Devices: 0
Primary Communication: Cellular
Secondary Communication:
Per Point: No
Reedley Municipal Airport
ALARM & DETECTION- MONITORING Total:
INVESTMENT
$900.00
$900.00
Johnson Controls has not included an estimate for all state and local sales tax for this quote based on the understanding that a valid exemption and/or resale certificate is received by Johnson Controls from Purchaser. Otherwise, actual sales tax due will be calculated and billed
SERVICE SOLUTION
SUMMARY OF SERVICES
The summary of services is intended to cover the following locations:
4557 S Frankwood Ave,
ALARM & DETECTION- MONITORING
SYSTEM-FA-SIMPLEX 2050FS
Reedley CA 93654 $900.00
Alarm signal initiated by a fire alarm control panel. Central Station will endeavor to notify the fire department and Customer when an alarm or trouble signal is received . This service includes 1- 800 toll-free signal transmission, 24-hour auto dialer test, and notification of Customer-provided Emergency Call List.
SERVICE SOLUTIO
This Service Solution (the "Agreement") sets forth the Terms and Conditions for the provision of equipment and services to be provided by Johnson Controls Fire Protection LP ("Company") to City of Reedley and is effective 1-Nov-24 (the "Effective Date") to 31- Oct-29 (the "Initial Term"). Customer agrees that initial inspections may be performed within 45 days from the Effective PAYMENT FREQUENCY: Annual In Advance
PAYMENT TERMS: Net30
For applicable taxes, please see Section 3 of the Terms & Conditions PAYMENT AMOUNT: $900.00 - Proposal#: CPQ-674654
PAYMENT SUMMARY:
Year Term
1 11/01/2024 - 10/31/2025
2 11/01/2025 - 10/31/2026
3 11/01/2026 - 10/31/2027
4 11/01/2027 - 10/31/2028
5 11/01/2028 - 10/31/2029
Signature:
Date
PSA Charges
$900.00
$963.00
$1,040.04
$1,133.64
$1,235.67
CUSTOMER ACCEPTANCE: In accepting this Agreement, Customer agrees to the Terms and Conditions on the following pages and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that Customer may issue. Any changes in the system requested by Customer after the execution of Agreement shall be paid for by Customer and such changes shall be authorized in writing.
ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS CONTAINED IN THIS AGREEMENT.
SERV CE SOLUTIO
Multi Year Contract Rider
AGREEMENT
Acknowledgement of Multi-Year Term. Customer agrees that issuance of a Purchase Order does not amend any provision of the service agreement, including without limitation the duration/term of the service agreement. Customer agrees to issue Purchase Orders sufficient to satisfy its obligations under the multi-year service agreement. Should Customer fail to issue additional Purchase Orders, Company will still be permitted to invoice Customer for services performed, and Customer shall not dispute the validity of such invoices.
Customer Initials:!
Unless otherwise agreed to by the parties, pricing is based upon the following billing and payment terms: Invoices will be delivered via Email () , payment is Net 30, and invoices are to be paid via Electronic Funds Transfer. Johnson Controls Electronic Funds Transfer transfer details will be forth coming upon contractual agreement.
This offer shall be void if not accepted in writing within thirty (30) days from the date first set forth above.
To ensure that JCI is compliant with your company's billing requirements, please provide the following information:
PO is required to facilitate billing:
ity of Reedley
Signature:
Print Name:
Title:
Phone #:
Fax#:
Email:
Date:
ti. NO: This signed contract satisfies requirement
D YES: Please reference this PO Number: ___ _____ _ _ __ _ Johnson Controls Fire Protection LP
Authorized ~~ ~rz_,
Signature:
Print Name:
Title:
Phone #:
Fax#:
/;A -~ t) V License #:
j (if applicable)
Date:
(559) 273-9536
11-25-24
© 2024 Johnson Controls. All rights reserved
SERVICE SOLUTION
TERMS AND CONDITIONS
1. Term. The Initial Term of this Agreement shall commence on the date of this Agreement and continue for the period indicated in this Agreement. At the conclusion of the Initial Term, this Agreement shall automatically extend for successive terms equal to the Initial Term (subject to Section 3) unless either party gives written notice to the other party at least thirty (30) days prior to the end of the then-current term (each a ("Renewal Term").
2. Payment and Invoicing. Unless otherwise agreed by the parties in writing, fees for Services to be performed shall be paid annually in advance. Unless otherwise agreed to by the parties, amounts are due upon receipt of the invoice by Customer. Invoices shall be paid by Customer via electronic delivery via EFT/ACH.
Invoicing disputes must be identified in writing within 21 days of the invoice date. Payments of any disputed amounts are due and payable upon resolution. Payment is a condition precedent to Company's obligation to perform Services under the Agreement.
Work performed on a time and material basis shall be at the thenprevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement. Customer acknowledges and agrees that timely payments of the full amounts listed on invoices is an essential term of this Agreement and Customer's failure to make payment in full when due is a material breach of this Agreement. Customer further acknowledges that if there is any amount outstanding on an invoice, it is material to Company and will give Company, without prejudice to any other right or remedy, the right to, without notice: (i) suspend, discontinue or terminate performing any Services and/or withhold further deliveries of equipment and other materials, terminate or suspend any unpaid software licenses, and/or suspend Company's obligations under or terminate this Agreement; and (ii) charge Customer interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month or the maximum rate permitted under applicable law, until payment is made in full.
Company's election to continue providing future services does not, in any way diminish Company's right to terminate or suspend services or exercise any or all rights or remedies under this Agreement. Company shall not be liable for any damages, claims, expenses, or liabilities arising from or relating to suspension of Services for non-payment. In the event that there are exigent circumstances requiring services or the Company otherwise performs Services at the premises following suspension, those services shall be governed by the terms of this Agreement unless a separate contract is executed. If Customer disputes any late payment notice or Company's efforts to collect payment, Customer shall immediately notify Company in writing and explain the basis of the dispute. Customer agrees to pay all of Company's reasonable collection costs, including legal fees and expenses. Customer shall provide financial information requested by Company to verify Customer's ability to pay for goods or services. If Customer fails to provide financial information or if Company, in its sole discretion determines that reasonable grounds exist to question Customer's ability or willingness to make payments when due (e.g., not making payments when due, late payments, or a reduction in Customer's credit score), Company may defer shipments, change payment terms, require cash in advance and/or require other security, without liability and without waiving any other remedies Company may have against Customer. Company shall provide Customer with advance written notice of changes to payment terms.
3. Pricing. The pricing set forth in this Agreement is based on the number of devices and services to be performed as set forth in this Agreement. If the actual number of devices installed or services to be performed is greater than that set forth in this Agreement, the price will be increased accordingly. Company may increase prices upon notice to Customer to reflect increases in material and labor costs. All stated prices are exclusive of and Customer agrees to pay any taxes, fees, duties, tariffs, false alarm assessments, installation or alarm permits and levies or other similar charges imposed and/ or enacted by a government, however designated or imposed, including but not limited to value-added and withholding taxes that are levied or based upon the amounts paid under this Agreement. This Agreement is entered into with the understanding that the services to be provided by Company are not subject to any local, state, or federal prevailing wage statute. If it is later determined that local, state, or federal prevailing wage rates apply to the services to be provided by Company, Company reserves the right to issue a modification or change order to adjust the wage rates to the required prevailing wage rate. Customer agrees to pay for the applicable prevailing wage rates. Prices in any quotation or proposal from Company are subject to change upon notice sent to Customer at any time before the quotation or proposal has been accepted. Company will provide Customer with notice of any pricing adjustments applicable to any Renewal Term no later than 45 days prior to the commencement of that Renewal Term. Unless Customer terminates the Agreement at least thirty (30) days prior to the start of such Renewal Term, the adjusted price shall be the price for the Renewal Term.
SERVICE SO TION
Prices for products covered by this Agreement may be adjusted by Company, upon notice to Customer at any time prior to shipment and regardless of Customer's acceptance of the Company's proposal or quotation, to reflect any increase in Company's cost of raw materials (e.g., steel, aluminum) inability to secure Products, changes or increases in law, labor, taxes, duties, tariffs or quotas, acts of government, any similar charges, or to cover any extra, unforeseen and unusual cost elements.
4. Code Compliance. Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically stated in this Agreement. Customer acknowledges that the Authority Having Jurisdiction (e.g., Fire Marshal) may establish additional requirements for compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer.
5. Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of protection services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It is understood and agreed by Customer that Company is not an insurer and that insurance coverage shall be obtained by Customer and that amounts payable to Company hereunder are based upon the value of the services and the scope of liability set forth in this Agreement and are unrelated to the value of Customer's
property and the property of others located on the premises.
Customer agrees to look exclusively to Customer's insurer to recover fer injuries or damage ir. the event of any loss or injury. Customer releases and waives all right of recovery against Company arising by way of subrogation. Company
makes no guaranty or warranty, including any implied
warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company
will detect or avert occurrences or the consequences
therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that Company shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the
equipment or service was designed to detect or avert.
Should Company be found liable for any loss, damage or
injury arising from a failure of the equipment or service in any respect, Company's liability shall be limited to an aggregate amount equal to the Agreement price (as
increased by the price for any additional work) or, where the time and material payment term is selected, Customer's time and material payments to Company. Where this Agreement
covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Company's liability with respect to Monitoring Services is set forth in Section 17 of this Agreement. Such sum shall be complete and exclusive. IN NO EVENT SHALL
COMPANY BE LIABLE, FOR ANY DAMAGE, LOSS, INJURY, OR
ANY OTHER CLAIM ARISING FROM ANY SERVICING,
ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS
OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR
ANY OF ITS COMPONENT PARTS BY CUSTOMER OR ANY THIRD
PARTY. To the maximum extent permitted by law, in no event shall Company and its affiliates and their respective
personnel, suppliers and vendors be liable to Customer or any third party under any cause of action or theory of
liability, even if advised of the possibility of such damages, for any (a) special, incidental, consequential, punitive or indirect damages of any kind; (b) loss of profits, revenues, data, customer opportunities, business, anticipated savings or goodwill; (c) business interruption; or (d) data loss or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems. The
limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company's employees, agents, officers and directors.
6. Reciprocal Waiver of Claims (SAFETY Act). Certain of Company's systems and services have received Certification and/or Designation as Qualified Anti-Terrorism Technologies ("QATT") under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the "SAFETY Act"). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Company and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act ofTerrorism.
SERVICE SOLUTION
7. Indemnity. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses
including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, arising in any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon
contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. Customer's responsibility with respect to
indemnification and defense of Company with respect to
Monitoring Services is set forth in Section 17 of this
Agreement.
8. General Provisions. Customer has selected the service level desired after considering and balancing various levels of protection afforded and their related costs. All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m. - 5:00 p.m., Monday through Friday, excluding Company holidays), as defined by Company, unless additional times are specifically described in this Agreement. All work performed unscheduled unless otherwise specified in this Agreement. Appointments scheduled for four-hour window. Additional charges may apply for special scheduling requests (e.g. working around equipment shutdowns, after hours work). Company will perform the services described in the Ser1ice Solution ("Services") for one or more system(s) or equipment as described in the Service Solution or the listed attachments ("Covered System(s)"). UNLESS OTHERWISE SPECIFIED IN THIS
AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING)
PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY
MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS,
OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE
THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR
EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE
PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE
THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT
DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS
THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER
OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL
WIRING, AND PIPING
9. Customer Responsibilities. Customer shall regularly test the System(s) in accordance with applicable law and manufacturers' and Company's recommendations. Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer's attention. This Agreement assumes any existing system(s) are in operational and maintainable condition as of the Agreement date. If, upon inspection, Company determines that repairs are recommended, repair charges will be submitted for approval by Customer's on-site representative prior to work.
Should such repair work be declined, Company shall be relieved from any and all liability arising therefrom.
Customer further agrees to:
• provide Company clear access to Covered System(s) to be serviced including, if applicable, lift trucks or other equipment needed to reach inaccessible equipment;
• supply suitable electrical service, heat, heat tracing adequate water supply, and required system schematics and/or drawings; • notify all required persons, including but not limited to authorities having jurisdiction, employees, and monitoring services, of scheduled testing and/or repair of systems; • provide a safe work environment;
• in the event of an emergency or Covered System(s) failure, take reasonable precautions to protect against personal injury, death, and/or property damage and continue such measures until the Covered System(s) are operational; and
• comply with al! laws, codes, and regulations pertaining to the equipment and/or Services provided under this Agreement.
Customer represents and warrants that it has the right to authorize the Services to be performed as set forth in this Agreement.
Customer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network ("Network") and shall supply Company secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Customer and/or end user against unauthorized access. Customer is responsible to take appropriate measures, including performing back-ups, to protect information, including without limit data, software, or files (collectively "Data") prior to receiving the service or products.
10. Repair Services. Where Customer expressly includes repair, replacement, and emergency response services in the Service Solution section of this Agreement, such Services apply only to the
SERVICE SOLUTIO
components or equipment of the Covered System(s). Customer agrees to promptly request repair services in the event the System becomes inoperable or otherwise requires repair. The Agreement price does not include repairs to the Covered System(s) recommended by Company as a result of an inspection, for which Company will submit independent pricing to Customer and as to which Company will not proceed until Customer authorizes such work and approves the pricing. Repair or replacement of nonmaintainable parts of the Covered System(s) including, but not limited to, unit cabinets, insulating material, electrical wiring, structural supports, and all other non-moving parts, is not included under this Agreement.
11 . System Equipment. The purchase of equipment or peripheral devices, (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement. If, in Company's sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company, Customer or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon notice from Company. Failure of Customer to remove or replace the device shall constitute a material breach of this Agreement. If Customer adds any third party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered System(s) caused in whole or in part by such device or equipment.
12. Reports.Where inspection and/or test services are selected, such inspection and/or test shall be completed on Company's then current report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction. The report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and
equipment inspected and/or tested. They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered System(s), equipment, and components are under control at the time of inspection. Final responsibility for the condition and operation of the Covered System(s) and equipment and
components lies with Customer.
13. Availability and Cost of Steel, Plastics & Other
Commodities.Company shall not be respons ible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available steel products or products made from plastics or other commodities. In the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, if required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the relevant portion of the Agreement, at no additional cost and without penalty. Customer agrees to pay Company in full for all work performed up to the time of any such termination.
14. Confined Space. If access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company's thencurrent hourly rate.
15. Hazardous Materials. Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer's knowledge there is no:
• Space in which work must be performed that, because of its construction, location, contents or work activity therein, accumulation of a hazardous gas, vapour, dust or fume or the creation of an oxygen-deficient atmosphere may occur,
• "permit confined space," as defined by OSHA for work Company performs in the United States;
• risk of infectious disease;
• need for air monitoring, respiratory protection, or other medical risk; or
• asbestos, asbestos-containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the floors, walls, ceilings, insulation or other structural components of the area of any building where work is required to be performed under this Agreement.
All of the above are hereinafter referred to as "Hazardous Conditions." Company shall have the right to rely on the representations listed above. If Hazardous Conditions are encountered by Company during the course of Company's work, the discovery of such materials shall constitute an event beyond Company's control, and Company shall have no obligation to further perform in the area where the Hazardous Conditions exist until the area has been made safe by Customer as certified in writing by an independent testing agency, and Customer shall pay disruption expenses and re-mobilization expenses as determined by Company. This Agreement does not provide for the cost of
S RVIC
testing involving a discharge or release, capture, containment, transport, removal, or disposal (collectively, the "Discharge Services") of any hazardous waste materials, hazardous materials, firefighting materials including without limitation any firefighting foam encountered in and/or discharged from any of the Covered System(s) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer.Customer shall be responsible for any Discharge Services associated with such materials, including all discharged firefighting foam in accordance with all applicable law. Company shall not be responsible for the testing, removal or disposal of such hazardous materials.Customer shall indemnify and hold Company harmless from and against any and all claims, demands and/or damages arising in whole or in part from the use of or any Discharge Services associated with any hazardous waste, hazardous materials, or firefighting materials including without limitation firefighting foam encountered or discharged during performance of the Services.
16. Other Services.
A. Remote Service. If Customer selects Remote Service, Company shall provide support for the Customer's system by way of education, remote assistance and triage that does not require programming changes to the Customer's panel. In addition, Remote Service does not include service to address physical damage to the system or a device; troubleshoot wiring issues; programming changes and/or relocating, remounting,
reconnecting, or adding a device to the system. Customer understands and agrees that, while Remote Service provides for communication regarding Customer's fire alarm system to Company via the Internet, Remote Service does not constitute monitoring of the system, and Customer understands that Remote Service does not provide for Company to contact the fire department or other authorities in the event of a fire alarm.
Customer understands that if it wishes to receive monitoring of its fire alarm system and notification of the fire department or other authorities in the event of a fire alarm, it must select monitoring services as a separate Service under this Agreement. CUSTOMER
FURTHER UNDERSTANDS AND AGREES THAT THE TERMS OF
SECTION 17.F OF THIS AGREEMENT APPLY TO REMOTE
SERVICE.
B. Connected Fire Sprinkler Services; Connected Fire Alarm Services. Connected Fire Sprinkler Services and Connected Fire Alarm Serviceseach means a data-analytics and software platform that uses a cellular or network connection to gather equipment
SOLUTIO
performance data about a Customer's Covered Equipment for Customer's sprinkler system or fire alarm system, as applicable, to assist Company in advising Customer on such equipment's health, performance or potential malfunction. Connected Fire Sprinkler Services and Connected Fire Alarm Services are collectively, the Connected Equipment Services. If Customer has purchased Connected Fire Sprinkler Services and/or Connected Fire Alarm Services on any Covered Equipment, Customer agrees to allow Company to install diagnostic sensors and communication hardware ("Gateway Device") or Customer will supply a network connection suitable to enable communication with Customer's Covered Equipment in order for Company to deliver the connected services. For more information on whether your equipment includes Connected Fire Sprinkler Services and/or Connected Fire Alarm Services, a subscription to such services and the cost, if any, of such subscription, please see your applicable order, quote, proposal or purchase documentation or talk to your Company sales representative. For certain subscriptions, Customer will be able to access equipment information from a mobile or smart device using the service's mobile or web app. The Gateway Device will be used to access, store, and trend data for the purposes of providing Connected Fire Sprinkler Services. Company will not use Connected Fire Sprinkler Services or the Connected Fire Alarm Services to remotely operate or make changes to Customer's Equipment. If the connection is disconnected by Customer, and a technician needs to be dispatched to the Customer site, then the Customer will pay Company at Company's then-current standard applicable contract regular time and/or overtime rate for such services. Company makes no warranty or guarantee relating to the Connected Fire Sprinkler Services or Connected Fire Alarm Services. Customer acknowledges that, while
Connected Fire Alarm Services or Connected Sprinkler
Services generally improve equipment performance and
services, these services do not prevent all potential
malfunction, insure against all loss or guarantee a certain level of performance and that Company shall not be
responsible for any injury, loss, or damage caused by any act or omission of Company related to or arising from the
proactive health notifications of the equipment under
Connected Equipment Services. Customer understands that if it wishes to receive monitoring of its fire alarm system or sprinkler system and notification of the fire department or other authorities in the event of an alarm, it must select monitoring services as a separate Service under this
SERVICE SOLUTIO
Agreement. CUSTOMER FURTHER UNDERSTANDS AND AGREES
SECTION 19 (SOFTWARE AND DIGITAL SERVICES} APPLY TO
CONNECTED FIRE ALARM SERVICES AND CONNECTED
SPRINKLER SERVICES. In the event of a conflict between
these terms and the Software Terms, the Software Terms will control.
C. Dashboards and Mobility Applications for Connected Fire Sprinkler Services and Connected Fire Alarm Services. If Customer has purchased Connected Fire Sprinkler Services and/or Connected Fire Alarm Services, Customer may utilize Company's Dashboard(s) and Mobility Application(s), as applicable, during the term of the Agreement, pursuant to the then applicable Terms of Use Agreement. Terms for the Dashboard are located at
www.johnsoncontrols.com/techterms
17. Monitoring Services. If Customer has selected Monitoring Services, the following shall apply to such Services:
A. Alarm Monitoring Service. Customer agrees and
acknowledges that Company's sole and only obligation under this Agreement shall be to provide alarm monitoring, notification, and/or Runner Services as set forth in this Agreement and to endeavor to notify the party(ies) identified by Customer on the Contact/Call List ("Contacts") and/or Local Emergency Dispatch Numbers for responding authorities. Upon receipt of an alarm signal, Company may, at our sole discretion, attempt to notify the Contacts to verify the signal is not false. If we fail to notify the Contacts or question the response we receive, we will attempt to notify the responding authority. In the event Company receives a supervisory signal or trouble signal, Company shal! endeavor to promptly notify one of the Contacts. Company shall not be responsible for a Contact's or responding authority's refusal to acknowledge/respond to Company's notifications of receipt of an alarm signal, nor shall Company be required to make additional notifications because of such refusal. The Contacts are authorized to act on Customer's behalf and, if so designated on the Contact/ Call List, are authorized to cancel an alarm prior to the notification of authorities. Customer understands that local laws, ordinances or policies may restrict Company's ability to provide the alarm monitoring and notification services described in this Agreement and/or necessitate modified or additional services and related charges to Customer. Customer understands that Company may employ a number of industry-recognized measures to help reduce occurrences of false alarm signal activations. These measures may include, but are not limited to, implementation of industryrecognized default settings; implementation of "partial clear time bypass" procedures at our alarm monitoring center and other similar measures at our sole discretion from time to time. THESE
MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM
AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE INITIAL
ALARM ACTIVATION UNTIL THE ALARM SYSTEM IS MANUALLY
RESET. Upon receiving notification from Company that a fire or gas detection (e.g. carbon monoxide) signal has been received, the responding authority may forcibly enter the premises. Cellular radio unit test supervision, if provided under this Agreement, provides only the status of the cellular radio unit's current signaling ability at the time of the test communication based on certain programmed intervals and does not serve to detect the potential loss of radio service at the time of an actual emergency event.
Company shall not be responsible to provide monitoring services under this Agreement unless and until the communication link between Customer's premises and Company's Monitoring Center has been tested . SUCH SERVICES ARE PROVIDED WITHOUT
WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
B. Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of Monitoring Services and that the level described has been chosen by Customer after considering and balancing various levels of protection afforded and their related costs. It is understood and agreed by Customer that Company is not an insurer and that insurance coverage shall be obtained by Customer and that amounts payable to Company hereunder are based upon the value of the Monitoring Services and the scope of liability set forth in this Agreement and are unrelated to the value of Customer's property and the property of others located on the premises.
Customer agrees to look exclusively to Customer's insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation.
Company makes no guaranty or warranty, including any
implied warranty of merchantability or fitness for a
particular purpose that equipment or Services supplied by Company will detect or avert occurrences or the
consequences therefrom that the equipment or Service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may
proximately result from failure on the part of Company to perform any of its monitoring obligations under this
SERVICE SOLUTION
Agreement. Accordingly, Customer agrees that Company
shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or Service
was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or Service in any respect, Company's liability with respect to Monitoring Services shall be the lesser of the annual fee for Monitoring Services allocable to the site where the incident occurred or two thousand five hundred ($2,500) dollars, as agreed upon damages and not as a penalty, as Customer's sole remedy. Such sum shall be complete and
exclusive. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM
ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES,
OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER
DEFINED, OR ANY OF ITS COMPONENT PARTS BY THE
CUSTOMER OR ANY THIRD PARTY. In no event shall Company
and its affiliates and their respective personnel, suppliers and vendors be liable to Customer or any third party under any cause of action or theory of liability, even if advised of the possibility of such damages, for any (a) special,
incidental, consequential, punitive or indirect damages of any kind, including but not limited to damages; (b) loss of profits, revenues, data, customer opportunities, business, anticipated savings or goodwill; (c) business interruption; or (d) data loss or other losses arising from viruses,
ransomware, cyber-attacks or failures or interruptions to network systems. COMPANY SHALL NOT BE LIABLE FOR
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES
ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR
FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The
limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, and each of their
employees, agents, officers and directors.
C. Indemnity, Insurance. Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all thirdparty claims for personal injury, death, property damage or economic loss, arising in any way from any act or omission of Customer or Company relating in any way to the Monitoring Services provided under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customer's general liability and auto liability policies.
D. No modification. Modification to Sections 17 B or C may only be made by a written amendment to this Agreement signed by both parties specifically referencing Section 17 Band/or C, and no such amendment shall be effective unless approved by the manager of Company's Central Monitoring Center.
E. Customer's Duties. In addition to Customer's duty to indemnify, defend, and hold Company harmless pursuant to this Section 17:
i. Customer agrees to furnish the names and telephone numbers of all persons authorized to enter or remain on Customer's premises and/or that should be notified in the event of an alarm (the Contact/Call List) and Local Emergency Dispatch Numbers and provide all changes, revision and modifications to the above to Company in writing in a timely manner. Customer must ensure that all such persons are authorized and able to respond to such notification.
ii. Customer shall carefully and properly test and set the system immediately prior to the securing of the premises and carefully test the system in a manner prescribed by Company during the term of this Agreement. Customer agrees that it is responsible for any losses or damages due to malfunction, miscommunication or failure of Customer's system to
accurately handle, process or communicate date data. If any defect in operation of the System develops, or in the event of a power failure, interruption of telephone service, or other interruption at Customer's premises of signal or data
transmission through any media, Customer shall notify
Company immediately. If space/interior protection (i.e. ultrasonic, microwave, infrared, etc.) is part of the System, Customer shall walk test the system in the manner
recommended by Company.
iii. When any device or protection is used, including, but not limited to, space protection, which may be affected by turbulence of air, occupied airspace change or other disturbance, forced air heaters, air conditioners, horns, bells, animals and any other sources of air turbulence or movement which may interfere with
SERVICE SOLUTIO
the effectiveness of the System during closed periods while the alarm system is on, Customer shall notify Company
iv. Customer shall promptly reset the System after any activation. v. Customer shall notify Company regarding any remodeling or other changes to the protected premises that may affect operation of the system.
vi. Customer shall cooperate with Company in the
installation, operation and/or maintenance of the system and agrees to follow all instructions and procedures which may be prescribed for the operation of the system, the
rendering of services and the provision of security for the premises.
vii. Customer shall pay all charges made by any telephone or communications provider company or other utility for installation, leasing, and service charges of telephone lines connecting Customer's premises to Company. Customer acknowledges that alarm signals from Customer's premises to Company are
transmitted over Customer's telephone or other transmission service and that in the event the telephone or other transmission service is out of order, disconnected, placed on "vacation," or otherwise interrupted, signals from Customer's alarm system will not be received by Company, during any such interruption in telephone or other transmission service and the interruption will not be known to Company. Customer agrees that in the event the equipment or system continuously transmits signals reasonably determined by Company to be false and/or excessive in number, Customer shall be subject to the additional costs and fees incurred by Company in the receiving and/or responding to the excessive signals and/or Company may at its sole discretion terminate this Agreement with respect to Monitoring services upon notice to Customer.
F. Communication Facilities.
i. Authorization. Customer authorizes Company, on Customer's behalf, to request services, orders or equipment from a telephone company, wireless carrier or other company providing
communication facilities, signal transmission services or facilities under this Agreement (referred to as "Communication Company").
Should any third-party service, equipment or facility be required to perform the Monitoring Services set forth in this Agreement, and should the same be terminated or become otherwise unavailable or impracticable to provide, Company may terminate Monitoring Services upon notice to Customer.
ii. Digital Communicator. Customer understands that a digital communicator (DACT), if installed under this Agreement, uses traditional telephone lines for sending signals which eliminate the need for a dedicated telephone line and the costs associated with such dedicated lines.
iii. Derived Local Channel. The Communication Company's services provided to Customer in connection with the Services may include Derived Local Channel service. Such service may be provided under the Communication Company's service marks or service names. These services include providing lines, signal paths, scanning and transmission. Customer agrees that the
Communication Company's liability is limited to the same extent Company's liability is limited pursuant to this Section 17. iv. CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT
RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR
OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS
BEEN CUT, INTERFERED WITH OR IS OTHERWISE DAMAGED OR
IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR
MAINTAIN AN ALARM SIGNAL OVER CUSTOMER'S TELEPHONE
SERVICE FOR ANY REASON INCLUDING NETWORK OUTAGE OR
OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR
DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL
QUALITY. CUSTOMER UNDERSTANDS THAT OTHER POTENTIAL
CAUSES OF SUCH A FAILURE OVER CERTAIN TELEPHONE
SERVICES (INCLUDING BUT NOT LIMITED TO SOME TYPES OF
DSL, ADSL, VOiP, DIGITAL PHONE, INTERNET PROTOCOL BASED
PHONE OR OTHER INTERNET INTERFACE-TYPE SERVICE OR
RADIO SERVICE, INCLUDING CELLULAR OR PRIVATE RADIO,
ETC. ("NON-TRADITIONAL TELEPHONE SERVICE"}) INCLUDE
BUT ARE NOT LIMITED TO: (1) LOSS OF NORMAL ELECTRIC
POWER TO CUSTOMER'S PREMISES (THE BATTERY BACK-UP
FOR THE ALARM PANEL DOES NOT POWER TELEPHONE
SERVICE}; AND (2) ELECTRONICS FAILURES SUCH AS A MODEM
MALFUNCTION. CUSTOMER UNDERSTANDS THAT COMPANY
WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF
CUSTOMER'S ALARM SYSTEM WITH NON-TRADITIONAL
TELEPHONE SERVICE AT THE TIME OF INITIAL CONNECTION TO
COMPANY'S MONITORING CENTER AND THAT CHANGES IN
CUSTOMER'S TELEPHONE SERVICE'S DATA FORMAT AFTER THE
INITIAL REVIEW OF COMPATIBILITY COULD MAKE
CUSTOMER'S TELEPHONE SERVICE UNABLE TO TRANSMIT
ALARM SIGNALS TO COMPANY'S MONITORING CENTERS. IF
COMPANY DETERMINES IN ITS SOLE DISCRETION THAT IT IS
COMPATIBLE, COMPANY WILL PERMIT CUSTOMER TO USE
NON-TRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD
OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER
SERVICE SOLUTION
UNDERSTANDS THAT COMPANY RECOMMENDS THE USE OF AN
ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO
CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING
CENTER REGARDLESS OF THE TYPE OF TELEPHONE SERVICE
USED. CUSTOMER ALSO UNDERSTANDS THAT IF COMPANY
DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S
NON-TRADITIONAL TELEPHONE SERVICE IS OR LATER
BECOMES NON-COMPATIBLE, OR IF CUSTOMER CHANGES TO
ANOTHER NON-TRADITIONAL TELEPHONE SERVICE THAT IS
NOT COMPATIBLE, THEN COMPANY REQUIRES THAT
CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION
ACCEPTABLE TO COMPANY AS THE PRIMARY METHOD TO
CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING
CENTER. CUSTOMER UNDERSTANDS THAT TRANSMISSION OF
FIRE ALARM SIGNALS BY MEANS OTHER THAN A TRADITIONAL
TELEPHONE LINE MAY NOT BE IN COMPLIANCE WITH FIRE
ALARM STANDARDS OR SOME LOCAL FIRE CODES, AND THAT IT
IS CUSTOMER'S OBLIGATION TO COMPLY WITH SUCH
STANDARDS AND CODES. CUSTOMER ALSO UNDERSTANDS
THAT IF THE ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY
NOT BE ABLE TO DETECT IF A NON-TRADITIONAL TELEPHONE
SERVICE LINE IS CUT OR INTERRUPTED, AND THAT COMPANY
MAY NOT BE ABLE TO PROVIDE CERTAIN AUXILIARY
MONITORING SERVICES THROUGH A NON-TRADITIONAL
TELEPHONE LINE OR SERVICE. CUSTOMER FURTHER
UNDERSTANDS THAT THE ALARM PANEL MAY BE UNABLE TO
SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF
ANOTHER CONNECTION IS OFF THE HOOK DUE TO IMPROPER
CONNECTION OR OTHERWISE.
G. Verification; Runner Service. Some jurisdictions may require alarm verification by telephone or on-site verification ("Runner Service") before dispatching emergency services. In the event that a requirement of alarm verification becomes effective after the date of this Agreement, such services may be available at an additional charge. Company shall not be held liable for any delay or failure of dispatch of emergency services arising from such verification. Where Runner Service is indicated, such services may be provided by a third party. COMPANY WILL NOT ARREST OR DETAIN ANY PERSON .
H. Personal Emergency Response Service. If Customer has selected Personal Emergency Response Services, Customer agrees that the very nature of Personal Emergency Response Services, irrespective of any delays, involves uncertainty, risk and possible serious injury, disability or death, for which Company should not under any circumstances be held responsible or liable; that the equipment furnished for Personal Emergency Response Services is not foolproof and may experience signal transmission failures or delays for any number of reasons, whether or not our fault or under Company's control; that the actual time required for medical emergency providers to arrive at the premises and/or to transport any person requiring medical attention is unpredictable and that many contributing factors, including but not limited to such things as telephone network operation, distance, weather, road and traffic conditions, alarm equipment function and human factors, both with responding authorities and with Company, may affect response
18. Limited Warranty. COMPANY WARRANTS THAT ITS
WORKMANSHIP AND MATERIAL, EXCLUDING MONITORING
SERVICES, FURNISHED UNDER THIS AGREEMENT WILL BE FREE
FROM DEFECTS FOR A PERIOD OF NINETY (90) DAYS FROM THE
DATE OF FURNISHING. No warranty is provided for thirdparty products and equipment installed or furnished by Company. Such products and equipment are provided with
the third-party manufacturer's warranty to the extent
available, and Company will transfer the benefits, together with all limitations, of that manufacturer's warranty to Customer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS,
SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER.
Company makes no and specifically disclaims all representations or warranties that the services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate, treat, or mitigate the spread transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19. Unless agreed to in writing by the parties, any technical support, assistance, or advice ("Technical Support") provided by Company, such as suggestions as to design use and suitability of the equipment or products for the Customer's application, is provided in good faith, but Customer acknowledges and agrees that Company is not the designer, engineer, or installer of record . Any Technical Support is provided for informational purposes only and shall not be construed as a representation or warranty, express or implied, concerning the proper selection, use, and/or application of equipment or products. Customer assumes
SERVICE SOL TION
exclusive responsibility for determining if the equipment and products supplied by Company are suitable for its intended application and all risk and liability, whether based in contract, tort or otherwise, in connection with its application and use of the equipment or products.
19. Software and Digital Services.
Digital Enabled Services; Data. If Company provides Digital Enabled Services under this Agreement, these Digital Enabled Services require the collection, transfer and ingestion of building, equipment, system time series, and other data to Company's cloud-hosted software applications. Customer consents to and grants Company the right to collect, transfer, ingest and use such data to enable Company and its affiliates and agents to provide, maintain, protect, develop and improve the Digital Enabled Services and Company products and services. Customer
acknowledges that, while Digital Enabled Services generally improve equipment performance and services, Digital Enabled Services do not prevent all potential malfunction, insure against all loss, or guarantee a certain level of performance. Customer shall be solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network ("Network"), shall appropriately protect hardware and products connected to the Network and will supply Company secure Network access for providing its Digital Enabled Services. As used herein, "Digital Enabled Services" mean services provided hereunder that employ Company software and related equipment installed at Customer facilities and Company cloud-hosted software offerings and tools to improve, develop , and enable such services.
Digital Enabled Service may include, but are not limited to, (a) remote servicing and inspection, (b) advanced equipment fault detection and diagnostics, and (c) data dashboarding and health reporting. If Customer accesses and uses Software that is used to provide the Digital Enabled Services, the Software Terms (defined below) will govern such access and use.
Digital Solutions. Use, implementation, and deployment of the software and hosted software products ("Software")
offered under these terms shall be subject to, and governed by, Company's standard terms for such Software and
Software related professional services in effect from time to time at www.johnsoncontrols.com/techterms (collectively, the "Software Terms"). Specifically, the Company General EULA set forth at www.johnsoncontrols.com/buildings/legal/ digital/generaleula governs access to and use of software installed on Customer's premises or systems and the
Company Terms of Service set forth at
www.johnsoncontrols.com/buildings/legal/digital/
generaltos govern access to and use of hosted software
products. The applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, Company and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take
precedence and govern with respect to rights and
responsibilities relating to the Software, its implementation and deployment and any improvements thereto.
Notwithstanding any other provisions of this Agreement, unless otherwise agreed, the following terms apply to Software that is provided to Customer on a subscription basis (i.e., a time limited license or use right), (each a "Software Subscription"): Each Software Subscription provided hereunder will commence on the date the initial credentials for the Software are made available (the "Subscription Start Date") and will continue in effect until the expiration of the subscription term noted in the applicable statement of work, order or other applicable ordering document.
At the expiration of the Software Subscription, such Software Subscription will automatically renew for consecutive one (1) year terms (each a "Renewal Subscription Term"), unless either party provides the other party with a notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term. To the extent permitted by applicable law, Software Subscriptions purchases are non-cancelable, and the sums paid nonrefundable.
Fees for Software Subscriptions shall be paid annually in advance, invoiced on the Subscription Start Date and each subsequent anniversary thereof. Customer shall pay all invoiced amounts within thirty calendar days after the date of invoice. Payments not made within such time period shall be subject to late charges as set forth in the Software Terms. Unless otherwise agreed by the parties in writing, the subscription fee for each Renewal Subscription Term will be priced at Company's then-applicable list price for that Software offering. Any use of Software that exceeds the scope, metrics or volume set forth in this Agreement and applicable SOW will be subject to additional fees based on the date such excess use began.
SER ICE SOLUTION
20. Taxes, Fees, Fines, Licenses, and Permits. Customer agrees to pay all sales tax, use tax, property tax, utility tax and other taxes required in connection with the equipment and Services listed, including telephone company line charges, if any. Customer shall comply with all laws and regulations relating to the equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all permit, license and registration fees now or hereafter imposed by any government body or agency upon the equipment or its use. Company may, without notice, obtain any required permit, license or registration for Customer at Customer's expense and charge a fee for this service. If Customer fails to maintain any required licenses or permits, Company shall not be responsible for performing the services and may terminate the services without notice to Customer.
21. Outside Charges. Customer understands and accepts that Company specifically disclaims any responsibility for charges associated with the notification or dispatching of anyone, including but not limited to fire department, police department, paramedics, doctors, or any other emergency personnel, and if there are any charges incurred as a result of said notification or dispatch, said charges shall be the responsibility of Customer.
22. Insurance. Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and representatives as additional insureds on Customer's general liability and auto liability policies.
23. Waiver of Subrogation. Customer does hereby for itself and all other parties claiming under it release and discharge Company from and against all hazards covered by Customer's insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against Company.
24. Force Majeure. Company shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by Company to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A "Force Majeure Event" is a condition or event that is beyond the reasonable control of Company, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civil disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in
telecommunications, computer, network, or electronic
communications systems, data breach, cyber-attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of Company. If Company's performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, Company shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if Company is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, Company will be entitled to extend the relevant completion date by the amount of time that Company was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay.
To the extent that the Force Majeure Event directly or indirectly increases Company's cost to perform the services, Customer is obligated to reimburse Company for such increased costs, including, without limitation, costs incurred by Company for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees, compliance with vaccination requirements or other costs and expenses incurred by Company in connection with the Force Majeure Event.
25. Exclusions. This Agreement expressly excludes, without limitation, provision of fire watches; reloading of, upgrading, and maintaining computer software; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customer's premises; vandalism; power failure; current fluctuation; failure due to non-Company installation; lightning, electrical storm, or other severe weather; water; accident; fire; acts of God; testing inspection and repair of duct detectors, beam detectors, and UV/IR equipment; provision of fire watches; clearing of ice blockage; draining of improperly pitched piping; batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; corrosion (including but not limited to micro-bacterially induced corrosion ("MIC")); cartridges greater than 16 grams; gas valve installation; or any other cause external to the Covered
SERVICE SOLUTION
System(s) and Company shall not be required to provide Service while interruption of service due to such causes shall continue. This Agreement does not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company's sole discretion at an additional charge. If Emergency Services are expressly included in the Service Solution, the Agreement price does not include travel expenses.
26. Delays. Company shall have no responsibility or liability to Customer or any other person for delays in the installation or repair of the System or the performance of our Services regardless of the reason, or for any resulting consequences.
27. Termination. Company may terminate this Agreement
immediately at its sole discretion upon the occurrence of any Event of Default as hereinafter defined. If Company's performance of its obligations becomes impracticable due to obsolescence or unavailability of systems, equipment, or products (including component parts and/or materials) or because the Company or its supplier(s) has discontinued the manufacture or the sale of the equipment and/or products or is no longer in the business of providing the Services, Company may terminate this Agreement, or the affected portions, at its sole discretion upon notice to Customer.
Company may terminate this Agreement, or the affected portions, at its sole discretion upon notice to the Customer if Company's performance of its obligations are prohibited because of changes in applicable laws, regulations or codes.
28. No Option to Solicit. Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or her employment with Company, for a period of two years after the termination of this Agreement.
29. Default. An Event of Default shall include (a) any full or partial termination of this Agreement by Customer before the expiration of the then-current Term, (b) failure of Customer to pay any amount when due and payable, (c) abuse of the System or the Equipment, (d) failure by Customer to observe, keep or perform any term of this Agreement; (e) dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the following remedies, (i) discontinue furnishing Services, (ii) by written notice to Customer declare the balance of unpaid amounts due and to become due under this Agreement to be immediately due and payable, (iii) receive immediate possession of any equipment for which Customer has not paid, (iv) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and (v) recover all costs and expenses, including without limitation reasonable attorneys' fees, in connection with enforcing or attempting to enforce this Agreement.
30. One-Year Limitation on Actions; Forum Choice of Law.
Company shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be submitted to a court of law or arbitrated. For Customers located in the United States, the laws of Delaware shall govern the validity, enforceability, and interpretation of this Agreement, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Milwaukee, Wisconsin. For customers located in Canada, this agreement shall be governed by and be construed in accordance with the laws of Ontario, without regard to conflicts of law principles thereof, and the exclusive venue for any such litigation or arbitration shall be in Ontario, Canada. The parties waive any objection to the exclusive jurisdiction of the specified forums, including any objection based on forum non conveniens. In the event the matter is submitted to a court, Company and Customer hereby agree to waive their right to trial by jury. In the event the matter is submitted to arbitration by Company, the costs of arbitration shall be borne equally by the parties, and the arbitrator's award may be confirmed and reduced to judgment in any court of competent jurisdiction. Except as provided below, no claim or cause of action, whether known or unknown, shall be brought by either party against the other more than one year after the claim first arose. Claims not subject to the one-year limitation include claims for unpaid: (1) contract amounts, (2) change order amounts (approved or requested) and (3) delays and/or work inefficiencies. Customer will pay all of Company's reasonable collection costs (including legal fees and expenses).
31. Assignment. This Agreement is not assignable by the Customer except upon written consent of Company first being obtained. Company shall have the right to assign this Agreement, in whole or in part, or to subcontract any of its obligations under this Agreement without notice to Customer.
32. Entire Agreement. The parties intend this Agreement, together with any attachments or Riders (collectively the "Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations, understandings or
SERVICE SOLUTIO
agreements between the parties, written or oral, and shall constitute the sole terms and conditions relating to the Services.
No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company.
33. Headings. The headings in this Agreement are for convenience only.
34. Severability. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision.
35. Electronic Media. Customer agrees that Company may scan, image or otherwise convert this Agreement into an electronic format of any nature. Customer agrees that a copy of this Agreement produced from such electronic format is legally equivalent to the original for any and all purposes, including litigation. Customer agrees that Company's receipt by fax of the Agreement signed by Customer legally binds Customer and such fax copy is legally equivalent to the original for any and all purposes, including litigation.
36. Legal Fees. Company shall be entitled to recover from Customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement.
37. Lien Legislation. Notwithstanding anything to the contrary contained herein, the terms of this Agreement shall be subject to the lien legislation applicable to the location where the work will be performed, and, in the event of conflict, the applicable lien legislation shall prevail.
38. Privacy. A. Company as : Where Company factually acts as Processor of Personal Data on behalf of Customer (as such terms are defined in the DPA} the terms at
www.johnsoncontrols.com/dpa shall apply. B. Company as :
Company will collect, process and transfer certain personal data of Customer and its personnel related to the business relationship between it and Customer (for example names, email addresses, telephone numbers} as controller and in accordance with Company's Privacy Notice at https://
www.johnsoncontrols.com/privacy. Customer acknowledges
Company's Privacy Notice and strictly to the extent consent is mandatorily required under applicable law, Customer
consents to such collection, processing and transfer. To the extent consent to such collection, processing and transfer by Company is mandatorily required from Customer's personnel under applicable law, Customer warrants and represents that it has obtained such consent.
39. FAR. Company supplies "commercial items" within the meaning of the Federal Acquisition Regulations (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. Government contract, Company will comply only with those mandatory flow-downs for commercial item and commercial services subcontracts listed either at FAR 52.244-6, or 52.212-5(e)(1), as applicable.
40. License Information (Security System Customers): AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, PMB 392, Montgomery, Alabama 36116 (334) 264-9388: AR
Regulated by: Arkansas Board of Private Investigators and Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, CA, 95814. Upon completion of the installation of thealarm system, the alarm company shall thoroughlyinstruct the purchaser in the proper use of the alarmsystem. Failure by the licensee, without legal excuse,to substantially commence work within 20 days fromthe approximate date specified in the agreementwhen the work will begin is a violation of the AlarmCompany Act: NY Licensed by N.Y.S.
Department ofthe State: TX Texas Commission on Private
Security,5805 N. Lamar Blvd., Austin,
78752-4422,512-424-7710.License numbers available
atwww.johnsoncontrols.com or contact your local Johnson Controls office.
DATE:
TITLE:
BY:
SUBMITTED:
APPROVED:
February 24, 2026
REEDLEY CITY COUNCIL
~ Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: 5 ----
APPROVE THE REQUEST BY KINGS RIVER CONSERVANCY TO
WAIVE CITY OF REEDLEY PARK FEES RELATED TO THE ANNUAL
SPRING FLING ON THE KINGS
Yuziry Sanchez \ A 9/
Administrative Assistanf ~
Sarah Reid
Community Services Direc o
Nicole R. Zieba ~ "' /
City Manager vr
RECOMMENDATION
Approve the request from Kings River Conservancy to waive City of Reedley Park fees associated with the use of Cricket Hollow for annual Spring Fling event.
EXECUTIVE SUMMARY
Kings River Conservancy is a non-profit organization dedicated to encouraging public safety and public conservation practices along the Kings River corridor from Pine Flat to Highway 99.
The organization participates in functions such as invasive species removal, warden patrol and hosts River Clean up events with a strong focus on ecology.
Every year the Kings River Conservancy hosts the annual Spring Fling event which features live music, kayak and fly-fishing demonstrations and boating safety. This event is open to the public and entrance to the event is free. Proceeds from the event benefit projects such as trail maintenance and public safety education. This is the second consecutive year Cricket Hollow would be used to host the event as the previous venue used for this event is no longer available.
The King's River Conservancy has requested the use of Cricket Hollow for May 9, 2026, which staff has confirmed is available. The King's River Conservancy has requested the waiving of the City of Reedley Park fees which total $268.00 and the Special Event fee of $260 if applicable. The Special Event process will remain the same with the event holding completing a Special Event Application, providing a certificate of insurance, providing their own tables and 1 chairs, cleaning after the event, and providing a porta potty to accommodate the estimated 250 people.
BACKGROUND
On February 25, 2025, City Council approved a total of $536 in park fees to be waived for the Kings River Conservancy Spring Fling event held on April 26, 2025 at Cricket Hollow. Low turnout was experienced in 2025 due to unexpected weather; in turn this did not trigger the Special Event fee which is required when attendance is 250+.
Resolution 2012-020 was adopted on March 27, 2012, which established guidelines for cosponsorship for Special Events and Youth Sport Events. Special Events are an important benefit to the community, waiving fees help absorb soft costs including City of Reedley fees, offering owned items including barricades, tables and chairs, and allowing organizations to continue to host long-standing events.
FISCAL IMPACT
Waiving the City of Reedley Park and Special Event fees for the 2026 Spring Fling event will result in a loss of park revenue totaling $528 to the General Fund.
This year's participation is expected to grow significantly with Kings River Conservancy estimating at least 250 people to attend the event. The additional fee of $260 in result of participation would be prompted and waived.
ATTACHMENTS
Request received from Kings River Conservancy
2 Reid, Sarah
Subject: FW: KRC Spring Fling 2026
From: Molly Schnur-Salimbene <[email protected]> Date: January 23, 2026 at 11 :26:02 AM PST
To: "Zieba, Nicole" <[email protected]>
Cc: Stephanie Duarte <[email protected]>, Matt Rogers <[email protected]>, Elizabeth Melendez <[email protected]>
Subject: KRC Spring Fling 2026
Hi Nicole,
We're beginning planning our Spring Fling 2026 event and very much enjoyed holding it at Cricket Hollow last year! We are hoping to hold it at that location again this year (hopefully with less rain!) and are looking at April 11th as our first choice of date. Would that work with the City?
Let me know and we can either begin planning for the 11th or look at some alternative options! Thanks,
Molly Schnur-Salimbene
Executive Director
Kings River Conservancy
www.kingsriverconservancy.org
Cell: (559) 818-8708
1 Sanchez, Vuziry
From:
Sent:
To:
Zieba, Nicole < [email protected]>
Thursday, February 12, 2026 1:18 PM
Sanchez, Yuziry; Reid, Sarah
Subject: Fwd: Spring Fling
Follow Up Flag:
Flag Status:
Sent from my iPhone.
Begin forwarded message:
Follow up
Completed
From: Molly Schnur-Salimbene <[email protected]> Date: February 12, 2026 at 1 :03:02 PM PST
To: "Zieba, Nicole" <[email protected]>, "Reid, Sarah" <[email protected]>
Subject: Spring Fling
Hi Nicole and Sarah,
So, we just realized Big Hat Days in Clovis is on April 11th. It looks like there are no other major events on May 9th, though. Would Cricket Hollow be available on that date if we moved Spring Fling to avoid conflict?
Molly Schnur-Salimbene
Executive Director
Kings River Conservancy
www.kingsriverconservancy.org
Cell: (559) 818-8708
1 DATE: February 24, 2026
REEDLEY CITY COUNCIL
[g) Consent
D Regular Item
D Workshop
D Closed Session
D Public Hearing
ITEM NO: ----
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND SUBMIT PRE-GRANT APPLICATIONS FOR FISCAL YEAR 2026 CAPITAL
AIRPORT IMPROVEMENT PROGRAM (CAIP) TO THE FEDERAL AVIATION
ADMINISTRATION (FAA) FOR CONSTRUCTION OF THE AVIATION FUEL
FACILITY REPLACEMENT PROJECT
SUBMITTED: Sarah Reid
APPROVED: Nicole R. Zieba
City Manager
RECOMMENDATION
Approve and authorize the City Manager to execute and submit pre-grant applications for Fiscal Year 2026 Capital Airport Improvement Program (CAIP) to the Federal Aviation Administration (FAA) for the construction of the Aviation Fuel Facility Replacement Project.
EXECUTIVE SUMMARY
During the past fiscal year, staff has met regularly with C&S Companies, the Reedley Municipal Airport's consulting firm, to advance the design of the Aviation Fuel Facility Replacement Project. The project design is nearing completion and will soon be ready to be advertised for bid.
The Aviation Fuel Facility Replacement Project is included in the Fiscal Year 2026 Capital Airport Improvement Plan (CAIP). This project has been identified in the Airport Capital Improvement Plan (ACIP) for several years and remains a high operational priority for the airport.
Pre-grant applications are due February 27, 2026. Submission of a pre-application does not guarantee funding approval; rather, it formally communicates to the FAA the City's intent, as Sponsor, to pursue funding and proceed with the project during the identified fiscal year. FAA grant funding, if awarded, is anticipated to become available in late summer 2026.
The City of Reedley plans to advertise the project for bid toward the end of March, contingent upon receipt of FAA funding. The bidding process is required to establish accurate project costs for inclusion in the final grant application submitted to the FAA for funding consideration.
Cost estimates included in the pre-grant application are preliminary placeholders and will be updated upon receipt of formal bid results.
FISCAL IMPACT
Under FAA Airport Improvement Grant (AIG) funding, the FAA typically funds 90% of eligible project costs, with the City responsible for the remaining 10% local match.
Under the Airport Improvement Program (AIP), project funding generally consists of 90% FAA funds, 5.5% State funds, and a 4.5% local match (City).
The FAA has indicated that its participation will not exceed the funding allocations available to the Reedley Municipal Airport under these programs. Any project costs exceeding approved grant and State funding amounts will be the responsibility of the City.
Construction FAA Portion Citv Portion State
Proiect
Aviation Fuel Facility $509,733 $23,171 $25,486
Replacement AIP
Aviation Fuel Facility $585,521 $454,754
Replacement AIG
Total Agency $1,095,254 $477,925 $25,486
Obligation
ATTACHMENTS
1. AIP Grant Application for construction of the Aviation Fuel Facility Replacement requesting use of AIP Entitlement funding
2. AIP Grant Application for construction of the Aviation Fuel Facility Replacement requesting use of available AIG funding
ARP SOP No. 6.00 Effective Date: 10/1/2015
AIP Grant Application Checklist
(032) Reedley Municipal Airport AIRPORT NAME: DATE: ---------- SYSTEM FOR AWARD MANAGEMENT (SAM) CAGE CODE#: 4LUM3 (UEI: XEU4BL2KMN33) SYSTEM FOR AWARD MANAGEMENT (SAM) EXPIRATION DATE: November 6, 2026
This checklist (and attached instructions) is a tool to assist a grantee (airport sponsor) in identifying the requirements and considerations associated with preparing an Airport Improvement Program (AIP) grant application package for submittal to the FAA. Airport sponsors should read and consider each of the items carefully. Some of the items can be answered by simply checking the "Yes" and "No" boxes while others require providing additional information as part of the airport's request for AIP funds.
Ref.
1. Standard Form 424 (signed) IB]
2. Project Cost Breakdown (attached) IB]
3. Project Sketch (at the request of the ADO) IB]
4. Project Narrative (attached or within Form s100- 11I 101 Part IV) IB]
5. Form 5100-100 (parts 11 - IV) (airport development grants) IB] Form 5100-101 (parts II - IV) (planning grants)
6. Bid Tabulations/Negotiated Amounts (attached or pre viously submitted to the ADO) •
7. Exhibit A (attached or previously submitted to the ADO) IB]
8. Title Certificate or Long Term Lease Agreement (atthe request of the ADO) 0 • •
• •
• •
• •
• •
• •
• •
• •
Comments
Attached
•
•
•
•
•
IB]
•
•
Last updated by Paul Melikian on Nov 06, 2025 at 04: 58 PM cS2i SAM*GOV®
CITY OF REEDLEY
Unique Entity ID
XEU4BL2KMN33
Registration Status
Active Registration
Physical Address
845 G ST
Reedley, California 93654-2625
United States
Bush:iess lnformatioa.
Doing Business as
(blank)
Congressional District
California 21
Registration Dates
Activation Date
Nov 10, 2025
Entity Dates
Entity Start Date
Jan 1, 1913
Immediate Owner
CAGE
(blank)
Highest Level Owner
CAGE
(blank)
Executive Compensation
CAGE/NCAGE
4LUM3
Expiration Date
Nov 6, 2026
Mailing Address
845 G ST
Reedley, California 93654-2625
United States
Division Name
(blank)
State I Country of Incorporation
(blank) / (blank)
Submission Date
Nov 6, 2025
Fiscal Year End Close Date
Jun 30
Legal Business Name
(blank)
Legal Business Name
(blank)
Purpose of Registration
All Awards
Division Number
(blank)
URL
https ://reedley .ca.gov/
Initial Registration Date
Dec 4, 2006
CITY OF REEDLEY
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.
Active Exclusions Records?
No
I authorize my entity's non-sensitive information to be displayed in SAM public search results :
Yes
Business Types
Entity Structure
U.S. Government Entity
Profit Structure
(blank)
Dec 23, 2025 07:10.55 PM GMT
https:llsam.gov/entity/XEU4BL2KMN33/coreData?status=null Entity Type
US Local Government
Organization Factors
(blank)
Page I of 2
Last updated by Paul Melikian on Nov 06, 2025 at 04:58 PM CITY OF REEDLEY Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.
Government Types
U.S. Local Government
City
Financial Information
Accepts Credit Card Payments
Yes
EFT Indicator
0000
Points of Contact ,
Electronic Business
9. Amar Bains, Senior Accountant
NICOLE ZIEBA
Government Business
9. PAUL MELIKIAN, ASST CITY MGR
NICOLE ZIEBA
Past Performance
9. NICOLE ZIEBA
NICOLE ZIEBA
Ser,iice Classificafio~
NAICS Codes
Primary
Yes
Disaster Response,
NAICS Codes
921190
Debt Subject To Offset
No
CAGE Code
4LUM3
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G ST
Reedley, California 93654
United States
845 G ST
Reedley, California 93654
United States
Yes, this entity appears in the disaster response registry.
Bonding Levels
(blank)
States
California
Dec 23, 2025 07:10.·55 PM GMT
https:l/sam.gov/entity/XEU4BL2KMN33/coreData?status=null Dollars
(blank)
Counties
CA: FRESNO
NAICS Title
Other General Government Support
Metropolitan Statistical Areas
CA: Fresno
Application for Federal Assistance SF-424
*1 . Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s):
!XI Preapplication !XI New
D Application D Continuation * Other (Specify)
D Changed/Corrected Application D Revision
*3. Date Received: 4. Applicant Identifier:
032
5a. Federal Entity Identifier: *Sb. Federal Award Identifier:
3-06-0196
State Use Only:
6. Date Received by State: I 7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name: City of Reedley
*b. Employer/Taxpayer Identification Number (EIN/TIN): *c. UEI:
94-6000402 XEU4BL2KMN33
d. Address:
*Street 1: 100 N. East Avenue
Street 2:
*City: Reedley
County/Parish: Fresno
*State: Province: CA
*Country: USA: United States
*Zip / Postal Code 93654-3103
e. Organizational Unit:
Department Name: Division Name:
Community Services Airport
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms. *First Name: Sarah
Middle Name:
*Last Name: Reid
Suffix:
Title: Community Services Director/ Airport Manager
Organizational Affiliation:
*Telephone Number: (559) 637-4203 ext. 234 Fax Number:
*Email: [email protected]
0MB Number: 4040-0004
Expiration Date: 11 /30/2025
Application for Federal Assistance SF-424
*9. Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
Pick an applicant type
Type of Applicant 3: Select Applicant Type:
Pick an applicant type
*Other (Specify)
*10. Name of Federal Agency:
Federal Aviation Administration
*11. Catalog of Federal Domestic Assistance Number:
CFDA No: CFDA Title:
20.1 16 Airport Improvement Program (AIP)
*12. Funding Opportunity Number:
*Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
City of Reedley, County of Fresno, California
*15. Descriptive Title of Applicant's Project:
Construction Aviation Fuel Facility Replacement (Site/Civil Work) - Constructing the concrete foundation for the tanks and concrete pad for the transfer area - Installing electrical conduit and cabling
- Installing necessary signage and surface painted markings Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a. Applicant: CA 21 *b. Program/Project: CA 21
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a . Start Date: 05/01 /2026 *b. End Date: 12/31/2027
18. Estimated Funding($):
*a. Federal $509,733
*b. Applicant $23,171
*c. State $25,486
*d. Local $0
*e. Other $0
*f. Program Income $0
*g. TOTAL $558,390 ·- ·-- ---- --
*19. Is Application Subject to Review By State Under Executive Order 12372 Process? • a. This application was made available to the State under the Executive Order 12372 Process for review on [81 b. Program is subject to E.O. 12372 but has not been selected by the State for review. • C. Program is not covered by E.O. 12372.
*20. Is the Applicant Delinquent On Any Federal Debt?
D Yes [8) No
If "Yes", explain:
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and ag ree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218 , Section 1001) ~** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Prefix: *First Name: Nicole
Middle Name: R.
*Last Name: Zieba
Suffix:
*Title: City Manager
*Telephone Number: (559) 637-4200 ext. 212 I Fax Number:
* Email: [email protected]
*Signature of Authorized Representative: I *Date Signed:
•"' U.S. Department of Transportation
'{-.i, Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Application for Federal Assistance (Development and Equipment Projects)
PART II- PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
Item 1.
Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)?
Item 2.
Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Item 3.
Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events.
Item 4.
Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of mitigating measures to this application and identify the name and date of the environmental document(s).
Item 5.
Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes.
D The project is included in an approved PFC application.
If included in an approved PFC application,
does the application only address AIP matching share? D Yes D No [gj yes 0 No
[gj Yes O No O N/A
0 Yes [gJ No ON/A
0 Yes [gj No • N/A
0 Yes [gj No ON/A
D The project is included in another Federal Assistance program. Its CFDA number is below.
Item 6.
Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals?
0 Yes [gj No O N/A
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply:
D De Minimis rate of 10% as permitted by 2 CFR § 200.414.
D Negotiated Rate equal to
on
% as approved by
(Date) (2 CFR part 200, appendix VII).
(the Cognizant Agency)
Note.- Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
FM Form 5100-100 (1 /24) SUPERSEDES PREVIOUS EDITION Page 1 of 7
PART II - SECTION B
Certification Regarding Lobbying
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form.
The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 2 of 7
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31 /2026
1. Compatible Land Use - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport:
The Reedley Municipal Airport Land Use Compatibility Plan (November 2007) will be used by the City of Reedley and the County of Fresno to guide land use decisions and permitting in those portions of the County within the Airport's influence area.
2. Defaults - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows:
None
4. Consistency with Local Plans - The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
Yes
5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located.
Yes
6. Consultation with Users - In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project(§ 47105(a)(2)).
Yes
7. Public Hearings - In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
N/A
8. Air and Water Quality Standards - In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed , and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.
N/A
FAA Form 5100-100 (1 /24) SUPERSEDES PREVIOUS EDITION Page 3 of 7 PART II - SECTION C (Continued)
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31 /2026
9. Exclusive Rights - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows:
None
10. Land - (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] Sponsor maintains property interest as depicted within the property table onthe Exhibit A property map dated 01/24/2014 on file with the FAA (AIP No. 3-06-0196-13-2012)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] N/A
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] N/A
1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 4 of 7 0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
PART Ill - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Assistance Listing Number: 20.116
2. Functional or Other Breakout: Airport Improvement Program SECTION 8- CALCULATION OF FEDERAL GRANT
Latest Approved Adjustment Total
Cost Classification Amount +or(-) Amount Amount (Use only for (Use only for Required revisions) revisions)
1. Administration expense $ 9,300
2. Prel iminary expense
3. Land, structures , right-of-way
4. Arch itectural engineering basic fees
5. Other Architectural engineering fees
6. Project inspection fees 84,730
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11 . Construction and project improvement 464,360
12. Equipment
13. Miscel laneous
14. Subtotal (Lines 1 through 13) $ 558,390
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15) 558,390
17. Less: Ineligible Exclusions (Section C, line 23 g.)
18. Subtotal (Lines 16 through 17) $ 558,390
19. Federal Share requested of Line 18 509,733
20. Grantee share 23,171
21. Other shares 25,486
22. TOTAL PROJECT (Lines 19, 20 & 21) $ 558,390
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS ED ITION Page 5 of 7 a.
b.
C.
d.
e.
f.
g.
SECTION C - EXCLUSIONS
23. Classification (Description of non-participating work) 0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
Amount Ineligible for
Participation
Total
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share - Fund Categories
a. Securities
b. Mortgages
c. Appropriations (by Applicant)
d. Bonds
e. Tax Levies
f. Non-Cash
g. Other (Explain):
h. TOTAL - Grantee share
25. Other Shares
a. State
b. Other
c. TOTAL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
SECTION E - REMARKS
(Attach sheets if additional space is required)
The amounts are based off of estimates. A final application based on bids will be submitted April 2026.
Federal Share is based off of available AIP Entitlements. The Sponsor to fund remaining amount.
FAA Form 51 00-100 (1 /24) SUPERSEDES PREVIOUS EDITION
Amount
23,171
$23,171
Amount
25,486
$ 25,486
$48,657
PART IV- PROGRAM NARRATIVE
(Suggested Format)
PROJECT: Construct Aviation Fuel Facility Replacement (Site/Civil Work) AIRPORT: (032) Reedley Municipal Airport
1. Objective:
0MB CONTROL NUMBER: 2120-0569
0MB EXPIRATION DATE: 12/31/2026
This project includes 3 approx.12,000-gallon aboveground storage tank (AST) systems. The site civil work includes constructing the necessary infrastructure to support the installation of the new aboveground storage tank (AST) fueling system. This scope of work involves demolishing existing pavement, preparing the subgrade for the construction of the concrete foundation for the tanks & the concrete pad for the transfer area, installing electrical conduit & cabling, placing bollards, guardrails, or equivalent equipment protection measures & installing the signage for the fueling system & surface-painted markings within the apron area adjacent to the fueling system.
2. Benefits Anticipated:
The existing fuel tanks are aging and requiring continuous maintenance of the tanks which is costly. Modern fuel farms are designed to meet stringent safety and environmental standards, reducing the risk of spills and other hazards. This ensures compliance with current regulations and enhances overall airport safety.
3. Approach: (See approved Scope of Work in Final Application) This project will be completed through a traditional Construction Administration contract. C&S Engineers, Inc. of Sacramento, CA will serve as the City's consultant to lead this effort. The design is anticipated to be completed January/February 2026, and bidding is anticipated to be completed by March/April 2026. Construction is anticipated to begin August/September 2026.
A copy of the scope and fee is attached following this page. A Bid tabulation will be submitted with the final based on bids application, anticipated to be submitted April 2026.
4. Geographic Location:
The Reedley Municipal Airport is located north of the City of Reedley, California, five miles north of the town center, in the County of Fresno.
5. If Applicable, Provide Additional Information:
CATEX approved by the FAA 08/19/2024
6. Sponsor's Representative: (include address & telephone number) Sarah Reid, Community Services Director/ Airport Manager 100 N. East Avenue, Reedley, CA 93654
P: (559) 637-4203 ext. 234 / E: Sarah [email protected] FAA Form 5100-100 (1 /24) SUPERSEDES PREVIOUS EDITION Page 7 of 7 CE&S
COMPANIES®
REEDLEY MUNICIPAL AIRPORT
REEDLEY, CALIFORNIA
PROBABLE PROJECT CONSTRUCTION COST
AVIATION FUEL FACILITY REPLACEMENT
90% DESIGN SUBMITTAL
BASE BID - SITE CIVIL WORK
ITEM
NO DESCRIPTION
MOBILIZATION (8% MAX.)
2 SAFETY, SECURITY & MAINTENANCE OF TRAFFIC
3 GENERAL CONDITIONS (E.G., BONDS, INSURANCE, PM, ETC.) 4 SOIL EROSION AND SEDIMENT CONTROL
5 STABILIZED CONSTRUCTION ENTRANCE
6 AC PAVEMENT REMOVAL, 4" THICK
7 UNCLASSIFIED EXCAVATION AND SUBGRADE PREP
8 CRUSHED AGGREGATE SUBBASE COURSE, 12" THICK
9 ASPHALT SURFACE COURSE, 4" THICK
10 8-INCH REINFORCED CONCRETE TANK PAD
11 CONCRETE TANK FOUNDATIONS
12 8-INCH REINFORCED CONCRETE FUEL TRANSFER PAD
13 GUIDERAIL
14 BOLLARDS
15 LIGHT POLE
16 OBLITERATE EXISTING PAVEMENT MARKINGS
17 PAVEMENT MARKINGS (YELLOW REFLECTORIZED)
18 PAVEMENT MARKINGS (BLACK NON-REFLECTORIZED)
19 ELECTRICAL
20 MISC. SIGNAGE, MARKINGS, ETC.
21 CRANE RENTAL
SUBTOTAL CONSTRUCTION COST
SPONSOR ADMIN COSTS (2%+/- OF CONSTRUCTION)
ENGINEERING & ADMINISTRATION
TOTAL PROJECT COST
QUANTITY
380
165
360
14 45
21 20
70 15
2 520
450
590
BASE BID - FUEL FACILITY WORK
ITEM
NO DESCRIPTION QUANTITY
1 12,000 GALLON JET-A AST W/200 GPM PUMP & FILTER ASSY
2 12,000 GALLON 100LL AVGAS AST SELF-SERVICE
3 12,000 GALLON UNLEADED AVGAS AST SELF-SERVICE
4 SOAK TEST TANK INTERNAL EPOXY COATING 3
5 RELOCATE EXISTING SELF-SERVICE FUEL MANAGEMENT SYSTEM 6 ELECTRONIC LEVEL & LEAK MONITORING SYSTEM
7 STARTUP, TESTING, & TRAINING
SUBTOTAL CONSTRUCTION COST
SPONSOR ADMIN COSTS (2%+/- OF CONSTRUCTION)
ENGINEERING & ADMINISTRATION
TOTAL PROJECT COST
GRAND TOTAL CONSTRUCTION COST
GRAND TOT AL SPONSOR ADMIN COST
GRANT TOT AL ENGINEERING & ADMININSTRA TION
GRAND TOTAL
PAGE-1
UNITS
LS
LS
LS
LS
LS
SY
CY
SY
TON
CY
CY
CY
LF
EA
EA
SF
SF
SF
LS
LS
DAY
UNITS
EA
EA
EA
LS
LS
LS
LS
UNIT
PRICE
$98,620.00
$10,000.00
$40,000.00
$10,000.00
$10,000.00
$15.00
$25.00
$45.00
$180.00
$800.00
$800.00
$800.00
$100.00
$3,000.00
$10,000.00
$3.00
$5.50
$4.00
$100,000.00
$10,000.00
$10,000.00
UNIT
PRICE
$325,000.00
$231 ,000.00
$231 ,000.00
$10,000.00
$10,000.00
$30,000.00
$10,000.00
H35.011.003
01/27/26
TOTAL
$98,620.00
$10,000.00
$40,000.00
$10,000.00
$10,000.00
$5,700.00
$4,125.00
$16,200.00
$2,520.00
$36,000.00
$16,800.00
$16,000.00
$7,000.00
$45,000.00
$20,000.00
$1 ,560.00
$2,475.00
$2,360.00
$100,000.00
$10,000.00
$10,000.00
$464,360.00
$9,300.00
$84,730.00
$558,390.00
TOTAL
$325,000.00
$231,000.00
$231 ,000.00
$30,000.00
$10,000.00
$30,000.00
$10,000.00
$867,000.00
$17,300.00
$155,975.00
$1 ,040,275.00
$1,331,360.00
$26,600.00
$240,705.00
$1,598,665.00
Project Title:
Airport Name:
Sponsor:
Services Provided:
SCOPE OF SERVICES
Aviation Fuel Facility Replacement
Reedley Municipal Airport
City of Reedley
Construction Administration and Observation Services
PROJECT DESCRIPTION:
C®S
COMPANIES®
The CONSULTANT shall provide required construction administration and observation services for the Aviation Fuel Facility Replacement Project (the "Project"). The Project will be performed and constructed by the City of Reedley with grant assistance from the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and Airport Infrastructure Grants (AIG).
This project includes three approximately 12,000-gallon aboveground storage tank (AST) systems. The proposed facility will include one AST for jet-A fuel, one AST for low lead aviation gasoline (1 OOLL Avgas) with the capability to convert to unleaded Avgas in the future, and one AST for unleaded aviation gasoline (UL Avgas). The proposed Avgas tank systems will accept fuel pumped from over-the-road supply vehicles, and will provide for self-service dispensing of fuel into aircraft over-wing via an interface with a card reader system. The proposed jet-A fuel tank system will include a pumping system to offload supply vehicles, and will provide for self-service dispensing of fuel into aircraft over- and under-wing via an interface with a card reader system.
The proposed facility will include the following main features:
One 12,000-gallon Jet-A AST, one 12,000-gallon 1 OOLL Avgas AST, one 12,000-gallon UL Avgas AST
Remote fill equipment
Pump, filter, and dispensing equipment
Concrete tank foundations
Concrete transfer area pad
Self-service card reader terminal
Bollards or equivalent equipment protection
Electronic level and leak monitoring systems
Fueling system marking, color coding, and signage systems Required fire prevention, environmental protection, and fuel quality systems.
ANTICIPATED CONSTRUCTION SCHEDULE
Contract Execution
Construction Notice to Proceed
Construction Complet~
@ ., ' ccros com ~ (9'16) 364-lJ.70
June 1, 2026
June 15, 2026
January 27, 2027
·, of Reedley
1ary 22. 2026
::e /:..-2
TASK 1- PROJECT MANAGEMENT
1.1 Project Management
The CONSULTANT will attend routine progress meetings with City of Reedley and the general contractor; coordinating field activities; and providing written progress reports to City of Reedley and FAA.
1.1.1 Communication with SPONSOR
Communicate with SPONSOR regularly. Assume ½-hour weekly for Managing Engineer and 3 hours weekly for Project Engineer/Manager for 20 weeks of Project Manager communication by email, phone, video, and/or conference calls using live file sharing.
1.1.2 Monthly Invoice Preparation
Perform invoice preparation monthly.
1.1.3 Preconstruction Meeting Coordination
Preparation for and participation in meetings with Airport, FBOs, City of Reedley invited stakeholders and the Contractor. Assumed 2-hour meeting attended by Managing Engineer, Design Team Disciplines and Project Engineer.
1.2 Progress Reports
The CONSULTANT will provide the following reports at the frequency stated;
1.2.1 Project Status Reports
Monthly progress reporting in writing to SPONSOR outlining the status of the work effort relative to the scope, schedule and budget. Issues affecting the progress and corrective actions necessary will be identified and implemented as appropriate.
1.3 Document Management and Record Keeping
The CONSULTANT will utilize electronic construction applications for document management and project record keeping. The CONSULTANT will provide software training for SPONSOR's project manager and other staff who need to utilize the "e" construction applications.
1.3.1 Document Management
All project documents relating to Reporting, Design Directives, Submittals and Shop Drawings, Requests for Information, Test Results and Payrolls will be posted and stored on Procore, a web-based document management application. And will be made available to appropriate SPONSOR staff.
1.3.2 Item Administration
© .J' ,,N (scos corn
Daily Construction Record Keeping will be conducted on Appia, a web-based Construction Administration Application. Appia will be the location where Engineer's Diaries, Daily Inspection Reports, Change Orders, Progress Payments are developed and Material Certifications are stored.
~ (916) 364-1470 ~I.
t; of Reedley
, i Jar1 22, 2026
,, l[Je A-3
1.3.3 Photo Management
All project photos documenting daily construction activities shall be taken by construction observation staff will be uploaded to a Procore/Microsoft One Drive and be made available to appropriate SPONSOR staff.
1.3.4 Licensing
The CONSULTANT will provide all licenses and any necessary training for use of Procore and Microsoft One Drive to all stakeholders.
1.3.5 Document Storage Locations
Stored Location
Doc Express One
Item /Procore Appia Drive
Meeting Minutes •
Project Schedule •
Shop Drawinqs •
Change Directives and Updated Plans •
Material Testing Reports •
Subcontractor Payment Forms • •
Certified Payrolls • •
Wage Rate Interviews • •
Inspectors Daily Reports with Field Measurements •
Project Payments • •
Chanqe Orders • •
Proqress Photos •
Record Plans and O & M Manuals •
1.4 Meetings
The following meetings with anticipated attendance are included. Meetings are f':-i ,w cscos corn
Managing
# of Est Enqineer
Mtg. Time
Meetinq Mtgs V p
Preconstructio
n
Preconstruction 1 2 Hours 1
Construction
Bi-Weekly 15 1 Hou r 15
Progress
Post
Construction
Final Inspection 1 2 Hours 1
v. Consu ltant shall attend the meeting virtually
P. Consulta nt shall attend meeti ng in person.
~ (916) 364-1470 ~cil1t
Project Resident Project
Enqineer Representative
V p V p
1 1
15 15
1 1
I tli •, __ ,-
r ty of Reedley
1 1uar; 22, 2026
f, 1 9e A-4
When appropriate, meetings will be held at a location acceptable by the SPONSOR. In addition, the CONSULTANT will schedule all meetings on MS Teams to allow for online attendance.
The CONSULTANT will prepare and distribute minutes to all meeting attendees.
TASK 2- CONSTRUCTION ADMINISTRATION
Construction Contract Administration includes the following services:
2.1 Review, approve, or take other appropriate action on Contractor-required shop drawings, product data, catalog cuts, and samples. CONSULTANT will review design submittals, construction submittals, and pay applications. These may include compaction/permeability tests. Shop Drawings and responses to be uploaded to Procore. This scope item also includes management of the Procore project by the Project Coordinator (assumed 40 hours).
2.2 Prepare change order (Assumed Final only) necessary to execute the work properly within the intended scope. Assist SPONSOR in resolving contractor claims and disputes. Attend Change Order Meeting with City of Reedley (assumed 1 hour with Managing Engineer and Engineer).
2.3 Review and coordination of response from Design Engineer to Contractor submitted Request For Information (RFls) and upload responses on Doc Express.
2.4 Conduct final inspection of the completed Project with SPONSOR personnel, and the Contractor.
Develop and distribute a punch-list for final inspection.
2.5 Furnish the SPONSOR one reproducible set of the record drawings in PDF format for the completed Project taken from the annotated record drawings prepared by the Resident Project Representative (RPR) based upon Contractor-provided information
2.6 Perform and orderly closeout of the Project as required by the SPONSOR, and the FAA.
2.7 Prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan as required by 40 CFR 112 and the CA APSA regulations.
TASK 3- CONSTRUCTION OBSERVATION AND MATERIAL TESTING
The CONSULTANT will provide the necessary qualified full-time staff (Resident Project Representative (RPR), and Engineer) during all operations for the duration of the construction project and closeout to:
Construction Observation
3.1 Maintain project records utilizing the e-Construction applications as listed in Task- 1 PROJECT MANAGEMENT. No labor hours are included for this task in the fee proposal as this work is included in the daily observation time task 3.2.
3.2 Observe the work to determine general conformity with the Contract Documents and to ascertain the need for correction or rejection of the Work. The activities of the Managing Engineer and @ wwvv cscos.corn ~ (9 16) 364 -1 470 3 -, 1( -• , r '• • I- I,· .. i ~ '-;. 1 )-1.~ ) ')f R.eedley
1 uary 22, 2026
ge A-5
Engineer or the presence of any of them at a construction/Project site shall not relieve Contractor nor make CONSULTANT responsible for, Contractor's obligations, duties, and responsibilities, including, but not limited to, construction means, methods, sequences, techniques, or procedures necessary for performing, superintending, or coordinating the Work in accordance with the Contract Documents and any health or safety precautions or measures required by regulatory agencies.
It is anticipated that the Contractor will conduct operations Five (5) days per week, Eight (8) hours per day for 20 weeks. The Project Manager will be available as needed for the Resident Project Representative (RPR) and this is assumed One (1) hour per week for 20 weeks. The RPR shall be on-site five (5) days per week for eight (8) hours (this includes office paperwork).
3.3 Prepare, review, and approve monthly Progress Payments and Final Payments to Contractor.
Construction Testing
Quality assurance or acceptance materials testing for the project during construction will be performed by CONSULTANT or subconsultant(s). The materials testing lab(s) and personnel will be scheduled to perform the following as applicable:
3.4 QA representative will be on-site during aggregate base placement to perform density and moisture tests (using nuclear density gage) and check for conformance with the project specifications.
3.5 QA representative will be on-site during placement of the concrete foundations. The materials and/or work will be examined and tested for conformance with the project specifications.
3.6 Obtain on-site materials and perform necessary quality assurance and acceptance tests.
3.7 Record all test results on the appropriate forms.
3.8 Prepare a summary and disposition of all testing and materials inspections.
3.9 Record all deviating tests.
ASSUMPTIONS
1) Construction will progress in the phases defined in the Construction Safety and Phasing Plan. 2) The anticipated Construction start and end dates are consistent with dates shown in this scope of services.
3) Petroleum contamination will not be encountered; therefore, we also assume that investigations or remediation design will not be required .
4) NOTAM's will be issued by the SPONSOR.
5) No construction NPDES permit and reporting are required for the project. (§ v'f<,W (:,COS.COin ~(916) 364-1470 "v" CI , .• s •
1 cf Reedley
·1 1 J,;1' / 22, 2026
· _:,;r-:s l1-6
6) Any extension of the project duration caused by the Contractor or Sponsor will be assessed by the Consultant team to determine if a Task Order Amendment is necessary. 7) Construction closeout shall only consist of Final Inspection and Final Change Order/Pay Application.
PROJECT FEE
At the request of the SPONSOR, the CONSULTANT proposes to provide the scope of services on a Time and Material basis not to exceed Two hundred Forty Thousand Seven Hundred and Five Dollars ($240,705.00), as itemized in Schedule B.
p
'TT I cs,_os corn l,._j/ ~ (916) 364-1470
PROJECT NAME: Aviation Fuel Facility Replacement
PROJ DESCRIPTION: Construct New Fuel Facility
CLIENT: City of Reedley
CLIENT MANAGER: Sarah Reid
I. ESTIMATE OF DIRECT SALARY COSTS:
A.
B.
C.
D.
E.
F.
TITLE
Managing Engineer
Senior Project Engineer
Project Engineer
Engineer
Staff Engineer
Resident Project Representative Ill
ENGINEERING
COST SUMMARY
SCHEDULE "B"
CA/CO PHASE
AVERAGE
RATE OF PAY
($/HR)
$285.00
$243.00
$188 .00
$171.00
$143.00
$168 .00
@
X
X
X
X
X
X
TOTAL ESTIMATED DIRECT SALARY COST:
II. ESTIMATE OF DIRECT EXPENSES:
A. TRAVEL, BY AUTO:
3 TRIPS@ 195 MILES/TRIP @ $0.725
B. TRAVEL, BY AIR (FUEL FACILITY SPECIALIST):
1 TRIP@ 1 PERSON@ $750.00
C. TRAVEL BY AIR (RESIDENT PROJECT REPRESENTATIVE):
9 TRIPS@ PERSON@ $450.00
D. CAR RENTAL:
110 DAYS@ CAR@ $75.00
E. PER DIEM:
110 DAYS@ PERSON@ $215.00
F. MISCELLANEOUS (PRINTING, SHIPPING, ETC.):
LS@ MISC@ $500.00
TOTAL ESTIMATE OF DIRECT EXPENSES:
Ill. SERVICES BY OTHERS:
A.
IV. TOTALS:
A.
QUALITY ASSURANCE TESTING (Kleinfelder)
TOTAL ESTIMATE OF SERVICES BY OTHERS
MAXIMUM TOTAL COST FOR CA/CO SERVICES, AGREEMENT TOTAL & FAA ELIGIBLE:
COST BREAK DOWN:
TOTAL COST FOR SITE CIVIL WORK
TOTAL COST FOR FUEL FACILITY WORK
B-1
DATE:
A/E:
PROJECT NO:
1/27/2026
C & S ENGINEERS, INC.
H35.TBD
C&S CONTACT: K. Gethers
ESTIMATED
HOURS
18 45
169
40 28
800
$424.00
$750.00
$4,050.00
$8 ,250.00
$23,650.00
$500.00
$10,000.00
ESTIMATED
COST
$5,130.00
$10,935.00
$31,772.00
$6,840.00
$4,004.00
$134,400.00
$193,081.00
$37 ,624. 00
$1 0,000.00
$240,705.00
$84,730.00
$155,975.00
CE&S
COMPANIES®
PROJECT: Aviation Fuel Facility Replacement
C&S ENGINEERS, INC.
ENGINEERING
WORK SUMMARY
SERVICES: Construction Administration/Observation Phase CLIENT: City of Reedley
CLIENT MGR: Sarah Reid
SR
CONT PHASE MAN PROJ PROJ STAFF
NO. NO. TASK ENG ENG ENG ENG ENG
CONSTRUCTION PHASE
400 PROJECT ADM INISTRATION 8 60
403 MEETINGS/SITE VISITS 4 20 40
404 SHOP DRAWING REVIEWS 15 15 10 4
405 RECORD DRAWINGS 2 4 16
406 SPCC PLAN PREPARATION 4 10 30
407 PROJECT CLOSEOUT 2 8 40 8
510 INSPECTION
600 DIRECT EXPENSES (ALL)
790 SERVICES BY OTHERS (ALL)
18 45 169 40 28
RES
PROJ
REP
800
800
DIRECT
COSTS
Date: 1/22/2026
Service Group Mgr: L. Mcintosh
Facility Manager: K. Gethers
Project Manager: D. Moreno
Project Number: H35.TBD
SERVICES BY
OTHERS TOTALS
$13 ,560.00
$13 ,520.00
$8,747.00
$3 ,526.00
$8,150.00
$11 ,178.00
$134 ,400.00
$37 ,624.00 $37,624.00
$10,000.00 $10,000.00
$37,624.00 $10,000.00 $240,705.00
TOTAL
HOURS
PER TASK
68 64
44 22
44 58
800
1100
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U.S. Department of Transportation
Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Construction Project Final Acceptance
Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 - Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents.
Certification Statements
Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. The personnel engaged in project administration, engineering supervision , project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance).
~ Yes • No ON/A
2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with:
a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). ~ Yes O No O N/A
3. All acceptance tests specified in the project specifications were or wil l be performed and documented. (AC 150/5370-12).
~Yes • No O N/A
FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 1 of 3
4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12).
~Yes O No ON/A
5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10). ~Yes O No ON/A
6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences:
a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200);
b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). ~Yes O No ON/A
7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). ~Yes O No ON/A
8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include:
a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200.302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29); and
d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55).
~Yes • No ON/A
9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure:
a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38);
b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and
c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38);
~Yes O No ON/A
10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38). ~Yes O No ON/A
FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 2 of 3
11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41.120.
• Yes O No ~ N/A
12. For development projects, sponsor has taken or will take the following close-out actions:
a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition);
b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and
c. Prepare and retain as-built plans (Order 5100.38).
~Yes O No ON/A
13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC§ 47107 and Order 5100.38). ~Yes O No ON/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official: Nicole R. Zieba
Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: _ _ ___ ______ ___ _ ______ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 3 of 3 •~ U.S. Department of Transportation
l~ Federal Aviation Administration
Drug-Free Workplace
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yesll represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). [81 Yes O No ON/A
2. An ongoing drug-free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation , and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
[81 Yes O No ON/A
FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). ~Yes • No • N/A
4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will:
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. ~ Yes • No • N/A
5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ~ Yes • No • N/A
6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted:
a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and
b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency .
~Yes • No • N/A
7. A good faith effort will be made, on a continuous basis, to maintain a drug-free workplace through implementation of items 1 through 6 above (2 CFR § 182 .200). ~Yes • No • N/A
Site(s) of performance of work (2 CFR § 182.230):
Location 1
Name of Location: Reedley Municipal Airport
Address: 4557 S. Frankwood Avenue, Reedley, CA 93654
Location 2 (if applicable)
Name of Location:
Address:
Location 3 (if applicable)
Name of Location:
Add ress:
FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response.
Sponsor's Certification
I certify, for the project identified herein , responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official : Nicole R. Zieba Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: _____________________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both .
FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 U.S. Department of Transportation
Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Equipment and Construction Contracts
Airport Improvement Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance C.1-General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards.
This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200.318). [gj Yes • No • N/A
FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 4
2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection , and testing (Grant Assurance C.17).
[81 Yes • No • N/A
3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FM have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. [81 Yes • No • N/A
4. Sponsors required to have a DBE program on file with the FM have implemented or will implement monitoring and enforcement measures that:
a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)). [81 Yes • No • N/A
5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be:
a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors;
b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder.
[81 Yes • No • N/A
6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FM approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following:
a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method;
b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors . • Yes • No [81 N/A
7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II).
[81 Yes • No • N/A
FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 4
8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any of the following circumstances (Order 5100.38D):
a. Only one qualified person/firm submits a responsive bid; b. Award is to be made to other than the lowest responsible bidder; and c. Life cycle costing is a factor in selecting the lowest responsive bidder. ~ Yes • No • NIA
9. All construction and equipment installation contracts contain or will contain provisions for:
a. Access to Records (§ 200.336)
b. Buy American Preferences (Title 49 U.S.C. § 50101)
c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety - building construction (49 CFR part 41) g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II) h. U.S. Trade Restriction (49 CFR part 30)
i. Veterans Preference (49 USC§ 47112(c))
~ Yes • No • N/A
10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by:
a. Davis-Bacon and Related Acts (29 CFR part 5)
b. Copeland "Anti-Kickback" Act (29 CFR parts 3 and 5)
~ Yes • No • N/A
11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a contract provision that discourages distracted driving (E.O. 13513). ~ Yes O No O N/A
12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable:
a. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity;
b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8;
c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200.322 and 40 CFR part 247; and
d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II).
~ Yes • No • N/A
FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 4
13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200).
[81 Yes • No • N/A
14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include provisions, as applicable, that address the following :
a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II); and
e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251 -1387, and Executive Order 11738.
[81 Yes • No • N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official: Nicole R. Zieba
Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: _ ______ _____________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 4 of 4 U.S. Department of Transportation
Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Project Plans and Specifications
Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1-General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars , or FAA-accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC§ 47105). 11g Yes • No • N/A
2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319) .
11g Yes • No • N/A
FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3
3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC§ 47107).
[8] Yes • No • N/A
4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). [8] Yes • No • N/A
5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5).
[8] Yes • No • NIA
6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). [8] Yes • No • N/A
7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). • Yes • No [8] N/A
8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). [8] Yes • No ON/A
9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). [8] Yes • No • N/A
10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). • Yes • No • N/A
11 . The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92)
• Yes • No [8] N/A
12. The project specification include or wil l include process control and acceptance tests required for the project by as per the applicable standard:
a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. [8] Yes • No • N/A
FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. • Yes • No [g] N/A
c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. • Yes • No [g] N/A
13. For construction activities within or near aircraft operational areas(AOA):
a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2.
b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement.
c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29).
[g] Yes • No • N/A
14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). [g] Yes • No • N/A
Attach documentation clarifying any above item marked with "No" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
Executed on th is day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official: Nicole R. Zieba
Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: __________________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 •"' U.S. Department of Transportation tw Federal Aviation Administration 0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Selection of Consultants
Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
49 USC§ 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications-based procedures provided they are equivalent to standards ofTitle 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects.
Certification Statements
Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis.
1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.31 S(k)). [B]Yes • No • N/A
2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319).
[B] Yes • No • N/A
3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request-forqualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). [B] Yes • No O N/A
FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3
4. The advertisement describes or will describe specific project statements-of-work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). 181Yes • No ON/A
5. Sponsor has publicized or will publicize a RFQ that:
a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). 181 Yes • No • N/A
6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). 181Yes • No ON/A
7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federal ly assisted projects (2 CFR §180.300).
181Yes • No ON/A
8. A/E services covering multiple projects: Sponsor has agreed to or will agree to:
a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and
b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14).
181 Yes • No • N/A
9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). 181 Yes • No • N/A
10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). 181Yes • No ON/A
11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.31 S(i)). 181Yes • No • NIA
12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) 181Yes • No • NIA
FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3
13. For contracts that apply a time-and-material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish:
a. Justification that there is no other suitable contract method for the services (2 CFR §200.318U));
b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318U)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.31 SU)). [8] Yes • No • N/A
14. Sponsor is not using or will not use the prohibited cost-plus-percentage-of-cost (CPPC) contract method. (2 CFR § 200.323(d)).
[8] Yes • No • N/A
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official: Nicole R. Zieba
Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: _____________________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 •--- U.S. Department of Transportation
re,, Federal Aviation Administration
0MB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31 /2026
Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification
Sponsor: City of Reedley
Airport: (032) Reedley Municipal Airport
Project Number: 3-06-0196
Description of Work: Construct Aviation Fuel Facility Replacement Application
Title 2 CFR § 200.112 and§ 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award:
a) The employee, officer or agent,
b) Any member of his immediate family,
c) His or her partner, or
d) An organization which employs, or is about to employ, any of the above.
Selecting "Yes" represents sponsor or sub-recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub-recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance .
Certification Statements
1. The sponsor or sub-recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.31 S(c)). To the extent permitted by state or local law or regulations , such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub-recipient's officers, employees, or agents, or by contractors or their agents.
(gJ Yes D No
FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 2
2. The sponsor's or sub-recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors , or parties to sub-agreements (2 CFR § 200.31 S(c)).
181 Yes D No
3. The sponsor or sub-recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). 181 Yes • No
Attach documentation clarifying any above item marked with "no" response.
Sponsor's Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete.
Executed on this day of
Name of Sponsor: City of Reedley
Name of Sponsor's Authorized Official: Nicole R. Zieba
Title of Sponsor's Authorized Official: City Manager
Signature of Sponsor's Authorized Official: _____________________ _ I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.
FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITI ON Page 2 of 2
STANDARD DOT TITLE VI ASSURANCES
City of Reedley (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that:
1. Each "program" and "facility" (as defined in Section 21.23(a) and 21 .23(b)) will be conducted or operated in compliance with all requirements of the Regulations.
2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations.
3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith.
4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties:
(a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and
(b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project.
6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods:
Standard DOT Title VI Assurances Page 1 of 2
(a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which the Sponsor retains ownership or possession of the property.
7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance.
8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor.
City of Reedley
Sponsor
Signature of Authorized Official
Date
Standard DOT Title VI Assurances Page 2 of 2
0MB Number: 4040-0013
Expiration Date: 06/30/2028
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants , Loans , and Cooperative Agreements The undersigned certifies , to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation , renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities ," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure .
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $1 0,000 and not more than $100,000 for each such failure.
* APPLICANT'S ORGANIZATION
lei ty of Reedley I
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix: IMs. I * First Name: !Nicole I Middle Name: IR. * Last Name: Jzieba I Suffix: I I
* Title : !city Manager I
• SIGNATURE:!
I
* DATE: I 1
I
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded, IIJA Funded, and PFC Approved Projects
Updated: 03/05/2025
View current and previous versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars and http://www.faa.gov/regulations policies/advisory circulars/. 1 NUMBER TITLE .. "
70/7460-1M Obstruction Marking and Lighting
150/5000-9B Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations
150/5000-17 Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B, Airport Master Plans
Changes 1 - 2
150/5070-7 The Airport System Planning Process
Change 1
150/5100-13C Development of State Aviation Standards for Airport Pavement Construction 150/5200-28G Notices to Airmen (NOTAMs) for Airport Operators 150/5200-30D, Airport Field Condition Assessments and Winter Operations Safety Changes 1 - 2
150/5200-31 C, Airport Emergency Plan
Changes 1 - 2
150/5200-33C Hazardous Wildlife Attractants on or near Airports 1 All grant recipients are responsible for reviewing errata sheets and addendums pertaining to these Advisory Circulars.
FAA Advisory Circulars Required for Use in AIP
Funded, IIJA Funded and PFC Approved Projects
Updated 03/05/2025
ARP
NUMBER TITLE
150/5200-34A Construction or Establishment of Landfills Near Public Airports 150/5200-38 Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7E Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14C Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Aircraft Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19B Driver's Enhanced Vision System (DEVs)
150/5220-1 OE Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16E, Automated Weather Observing Systems (AWOS) for Non-Federal Change 1 Applications
150/5220-1 ?B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-1 BA Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21 C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23A Frangible Connections
150/5220-24 Airport Foreign Object Debris (FOO) Detection Equipment 150/5220-25 Airport Avian Radar Systems
150/5220-26, Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-- Changes 1 - 2 B) Out Squitter Equipment
150/5230-4C Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports 150/5300-13B, Airport Design
Change 1
150/5300-14D Design of Aircraft Deicing Facilities
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects FAA Advisory Circulars Required for Use in AIP
Funded, IIJA Funded, and PFC Approved Projects
Updated 03/05/2025
ARP
NUMBER TITLE
150/5300-16B General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-1 ?C, Standards for Using Remote Sensing Technologies in Airport Surveys Change 1
150/5300-18B, General Guidance and Specifications for Submission of Aeronautical Surveys Change 1 to NGS: Field Data Collection and Geographic Information System (GIS) Standards
150/5300-19 Airport Data and Information Program
150/5300-20 Submission of On-Airport Proposals for Aeronautical Study 150/5320-5D Airport Drainage Design
150/5320-6G Airport Pavement Design and Evaluation
150/5320-12C, Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1 - 8 Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5320-1 7 A Airfield Pavement Surface Evaluation and Rating Manuals 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5D Standardized Method of Reporting Airport Pavement Strength - PCR 150/5340-1 M, Standards for Airport Markings
Change 1
150/5340-50 Segmented Circle Airport Marker System
150/5340-1 BH Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Specifications for Airport Lighting Circuit Selector Switch 150/5345-?F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-1 OH Specification for Constant Current Regulators and Regulator Monitors FAA Advisory Circulars Required for Use in AIP
Funded, IIJA Funded, and PFC Approved Projects
Updated 03/05/2025
ARP
.
. NUMBER TITLE
150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26E FAA Specification For L-823 Plug and Receptacle, Cable Connectors 150/5345-27F FAA Specification for Wind Cone Assemblies 150/5345-28H Precision Approach Path Indicator (PAPI) Systems 150/5345-39E Specification for L-853, Runway and Taxiway Retroreflective Markers 150/5345-42K Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories
150/5345-43J Specification for Obstruction Lighting Equipment 150/5345-44L Specification for Runway and Taxiway Signs 150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46F Specification for Runway, Taxiway, Heliport, and Vertiport Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems
150/5345-490 Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge-Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-530 Airport Lighting Equipment Certification Program 150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13A Airport Terminal Planning
150/5360-14A Access to Airports By Individuals With Disabilities FM Advisory Circulars Required for Use in AIP
Funded, IIJA Funded, and PFC Approved Projects
Updated 03/05/2025
ARP
NUMBER TITLE
150/5370-2G Operational Safety on Airports During Construction 150/5370-1 OH Standard Specifications for Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-158 Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems
150/5380-SC Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-78 Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-20 Heliport Design
150/5395-1 B Seaplane Bases
THE FOLLOWING ADDITIONAL ADVISORY CIRCULARS APPLY TO AIP AND IIJA
PROJECTS ONLY
" .,,. - ·-
NUMBER TITLE
150/5100-14E, Architectural, Engineering, and Planning Consultant Services for Airport Grant Change 1 Projects
150/5100-17, Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1 - 7 Assisted Projects
150/5100-21 State Block Grant Program
150/5370-128 Quality Management for Federally Funded Airport Construction Projects FAA Advisory Circulars Required for Use in AIP
Funded, IIJA Funded, and PFC Approved Projects
Updated 03/05/2025
ARP
A. General.
ASSURANCES
AIRPORT SPONSORS
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
Airport Sponso r Assurances (4/ 2025) Page 1 of 19
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
The Sponsor will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended - 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq. 1 c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act-5 U.S.C. § 1501, et seq. 2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq. 1
• 2
f. National Historic Preservation Act of 1966 -Section 106 - 54 U.S.C. § 306108. 1 g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq. 1 h. Native Americans Grave Repatriation Act - 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq . j. Coastal Zone Management Act, P.L. 92.-583, as amended - 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 - Section 102{a) - 42 U.S.C. § 4012a. 1 I. 49 U.S.C. § 303, (formerly known as Section 4{f)) .
m. Rehabilitation Act of 1973 - 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 {42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, {42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq . q. American Indian Religious Freedom Act, P.L. 95-341, as ame nded. r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 415 1, et seq. 1 s. Powerplant and Industrial Fuel Use Act of 1978 - · Section 403 - 42 U.S.C. § 8373. 1 t . Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq . 1 u. Copeland Anti-kickback Act-18 U.S.C. § 874.
1 v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq. 1 Airport Sponsor Assurances (4/2025) Page 2 of 19
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended -16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984- 31 U.S.C. § 7501, et seq. 2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act- 16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended -20 U.S.C. 1681-1683 and 1685- 1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended - 21 U.S.C. 1101, et seq . gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 U.S.C. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended - 42 U.S.C. § 4541, et seq .
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions - 31 u.s.c. § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 - Protection of Wetlands
b. Executive Order 11988 - Floodplain Management
c. Executive Order 12372 - Intergovernmental Review of Federal Programs d. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1
e. Executive Order 14005 - Ensuring the Future is Made in all of America by All of America's Workers
f. Executive Order 14149 - Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151 - Ending Radical and Wasteful Government DEi Programs and Preferencing
h. Executive Order 14154 - Unleashing American Energy
i. Executive Order 14168 - Defending Women from Gender Ideology Extre mism and Restoring Biological Truth to the Federal Government
j. Executive Order 14173 - Ending Illegal Discrimination and Restoring M erit-Based Opportunity
FED ERAL R EGULATIONS
Airport Sponsor Assurances (4/ 2025) Page 3 of 19
a. 2 CFR Part 180- 0MB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200 and 1201- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3,
4 , 5
c. 2 CFR Part 1200- Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 - Investigative and Enforcement Procedures. e. 14 CFR Part 16 - Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 -Airport Noise Compatibility Planning. g. 28 CFR Part 35 - Nondiscrimination on the Basis of Disability in State and Local Government Services.
h. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
i. 29 CFR Part 1-Procedures for Predetermination of Wage Rates. 1 j. 29 CFR Part 3 - Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States. 1 k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act). 1 I. 41 CFR Part 60- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements). 1 m. 49 CFR Part 20 - New Restrictions on Lobbying.
n. 49 CFR Part 21- Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs. 1
• 2
q. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
r. 49 CFR Part 27 - Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance. 1
s. 49 CFR Part 28 - Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation . t . 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. u. 49 CFR Part 32 - Governmentwide Requirements for Drug-Free Workplace (Financial Assistance).
v. 49 CFR Part 37 - Transportation Services for Individuals with Disabilities (ADA).
Airport Sponsor Assura nces (4/ 2025) Page 4 of 19
w. 49 CFR Part 38 -Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles.
x. 49 CFR Part 41- Seismic Safety.
FOOTNOTES TO ASSURANCE (C){1}
1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart Fare the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
Airport Sponsor Assura nces (4/ 2025) Page 5 of 19
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for Airport Sponsor Assurances (4/2025) Page 6 of 19
residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected pa rties using the airport at which project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hea ri ngs for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the t ranscript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive M aintenance-M anagement.
With respect to a project approved after January 1, 1995, fo r the replacement or reconstruct ion of pavement at the airport, it assures or certifies t hat it has implemented an effect ive ai rport pavement maintenance-management program, and it assures t hat it will use such program for the useful life of any pavement constructed, reconstructed, or repa ired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secreta ry determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a publi c use airport, as defined in Tit le 49, it has, on the date of submittal of the project grant application, al l the safety equipment required fo r Airport Sponsor Assurances (4/2025) Page 7 of 19
certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. 3141-3144, 3146, and 3147, Public Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112.
However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement.
Airport Sponsor Assurances (4/2025) Page 8 of 19
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professiona I services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In fu rtherance of this assurance, t he sponsor will have in effect arrangements for:
Airport Sponsor Assurances (4/2025) Page 9 of 19
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of t he airport to activities and purposes compatible wit h normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or perm it any change in land use, within its jurisdiction, that will reduce it s compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended .
22. Economic Nondiscrimination.
a. It will make the airport available as an airport fo r public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporat ion to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contracto r to :
1. Furnish said services on a reasonable, and not unjustly discrimi natory, basis to all users thereof, and
2. Charge reasonable, and not unjustly discrimi natory, pri ces fo r each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions t o volume purchasers .
Airport Sponsor Assurances (4/ 2025) Page 10 of 19
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facil ities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air ca rriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers .
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any se rvices on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport . It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, t he exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot t rai ning, aircraft renta l and sightseeing, aerial photography, crop dusting, ae rial adve rtising and su rveying, air ca rrie r operations, aircraft sales and services, sale of aviat io n petro leum products whet he r or not Airport Sponso r Assurances (4/2025) Page 11 of 19
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or Airport Sponsor Assurances (4/202S) Page 12 of 19
transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
Airport Sponsor Assurances (4/ 2025) Page 13 of 19
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport's property boundary.
b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or
2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor.
Airport Sponsor Assura nces (4/2025) Page 14 of 19
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source :
"The ([Selection Criteria: Sponsor Name]), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors t hat it will affirmatively ensure that for any contract entered into pursuant to this advert isement, all businesses will be afforded full and fair opportunity to subm it bids in response to this invitation and no businesses will be discriminated agai nst on the grou nds of Airport Sponso r Assurances (4/2025) Page 15 of 19
race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award."
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.
3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program . f. It will provide for such methods of administration fo r the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e);
Airport Sponsor Assura nces (4/2025) Page 16 of 19
3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility}, it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e};
3. Reinvestment in an approved airport development project that is eligible fo r grant funding under 49 U.S.C. 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (l} it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2} the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and th e land continues to be used for that purpose, such use having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construct ion Airport Sponsor Assurances (4/2025) Page 17 of 19
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars for AIP projects as of [Selection Criteria: Project Application Date].
35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation .
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for Airport Sponsor Assurances (4/2025) Page 18 of 19
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline {lO0LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self-fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
Airport Sponsor Assurances (4/2025) Page 19 of 19
ARP SOP No. 6.00 Effective Date: 10/1/2015
AIP Grant Application Checklist
(032) Reedley Municipal Airport AIRPORT NAME: DATE:
SYSTEM FOR AWARD MANAGEMENT (SAM) CAGE CODE#: 4LUM3 (UEI: XEU4BL2KMN33) SYSTEM FOR AWARD MANAGEMENT (SAM) EXPIRATION DATE: November 6, 2026 This checklist (and attached instructions) is a tool to assist a grantee (airport sponsor) in identifying the requirements and considerations associated with preparing an Airport Improvement Program (AIP) grant application package for submittal to the FAA. Airport sponsors should read and consider each of the items carefully. Some of the items can be answered by simply checking the "Yes" and "No" boxes while others require providing additional information as part of the airport's request for AIP funds.
Ref.
1. Standard Form 424 (signed) ~
2. Project Cost Breakdown (attached) ltB:I
3. Project Sketch (at the request of the ADO) ~
4. Project Narrative (attached or within Form 5100-111101 Part IV) ~
5. Form 5100-100 (parts II - IV) (airport development grants) KB:) Form 5100-101 (parts II - IV) (planning grants)
6. Bid Tabulations/Negotiated Amounts (attached or previously submitted to the ADO) •
7. Exhibit A (attached or previously submitted to the ADO) ~
8. Title Certificate or Long Term Lease Agreement (at the request of the ADO) ~ •
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Comments
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ID
Last updated by Paul Melikian on Nov 06, 2025 at 04:58 PM W SAM*GOV®
CITY OF REEDLEY
Unique Entity ID
XEU4BL2KMN33
Registration Status
Active Registration
Physical Address
845 G ST
Reedley, California 93654-2625
United States
B.usiness Inf~
Doing Business as
(blank)
Congressional District
California 21
Registration Dates
Activation Date
Nov 10, 2025
Entity Dates
Entity Start Date
Jan 1, 1913
Immediate Owner
CAGE
(blank)
Highest Level Owner
CAGE
(blank)
Executive Compensation
CAGE/NCAGE
4LUM3
Expiration Date
Nov 6, 2026
Mailing Address
845 G ST
Reedley, California 93654-2625
United States
Division Name
(blank)
State/ Country of Incorporation
(blank) / (blank)
Submission Date
Nov 6, 2025
Fiscal Year End Close Date
Jun 30
Legal Business Name
(blank)
Legal Business Name
(blank)
Purpose of Registration
All Awards
Division Number
(blank)
URL
https ://reedley .ca.gov/
Initial Registration Date
Dec 4, 2006
CITY OF REEDLEY
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.
Active Exclusions Records?
No
I authorize my entity's non-sensitive information to be displayed in SAM public search results :
Yes
Eotity'Types
Business Types
Entity Structure
U.S. Government Entity
Profit Structure
(blank)
Dec 23, 2025 07:10:55 PM GMT
https://sam.gov/entity/XEU4BL2KMN33/coreData?status=null Entity Type
US Local Government
Organization Factors
(blank)
Page l o/ 2
Last updated by Paul Melikian on Nov 06, 2025 at 04:58 PM CITY OF REEDLEY Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.
Government Types
U.S. Local Government
City
Financial kifuttnatioa
Accepts Credit Card Payments
Yes
EFT Indicator
0000
Points of' Contact
Electronic Business
Amar Bains, Senior Accountant
NICOLE ZIEBA
Government Business
PAUL MELIKIAN, ASST CITY MGR
NICOLE ZIEBA
Past Performance
9. NICOLE ZIEBA
NICOLE ZIEBA
NAICS Codes
Primary
Yes
Disaster Re~
NAICS Codes
921190
Debt Subject To Offset
No
CAGE Code
4LUM3
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G Street
Reedley, California 93654
United States
845 G ST
Reedley, California 93654
United States
845 G ST
Reedley, California 93654
United States
Yes , this entity appears in the disaster response registry.
Bonding Levels
(blank)
States
California
Dec 23, 2025 07:10:55 PM GMT
https://sam.gov/entity/XEU4BL2KMN3 3/coreData? status= null Dollars
(blank)
Counties
CA: FRESNO
NAICS Title
Other General Government Support
Metropolitan Statistical Areas
CA: Fresno