Modesto City Council
January 25, 2022

- 1 -
1/25/2022 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Tuesday, January 25, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be calling in. (Please Note: In order to respond to COVID-19 the City will hold this meeting via teleconference pursuant to AB 361

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.

PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
- 1 -
1/25/2022
- 2 -
1/25/2022 5:30:00 PM

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again. - 2 -
1/25/2022
- 3 -
1/25/2022 5:30:00 PM
 If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Jon Apodaca, Good Life
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation by Stanislaus Council of Governments regarding 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). (Funding Source:

Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]

PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the - 3 -
1/25/2022
- 4 -
1/25/2022 5:30:00 PM
consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT ITEMS
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

2. Consider approving the minutes from the January 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the January 11, 2022 Council Meeting.

CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent

3. Consider authorizing staff to submit a California Department of Transportation Clean California Local Grant Program application intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a Multi-Family Bulky Item Pick-Up Program. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program and authorizing the City Manager, or his designee, to execute such documents as necessary to carry out - 4 -
1/25/2022
- 5 -
1/25/2022 5:30:00 PM
the purpose of this Resolution.

CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent

4. Consider authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.

CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent

5. Consider approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.

CITY MANAGER; Scotty A. Douglass, 209-577-9149, [email protected] Consent

6. Consider accepting an informational report on the September and October 2021 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an informational report for the September and October 2021 grant applications and awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

7. Consider approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295,for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or - 5 -
1/25/2022
- 6 -
1/25/2022 5:30:00 PM
her designee, to execute the purchase order.
 Resolution approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

8. Consider approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for Two Loader Claws for a total amount not to exceed $242,870; and approving the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA for a total amount not to exceed $425,159. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
 Resolution approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
 Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
 Resolution approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

9. Consider approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a fiveyear, five-month term, with one two-year extension option, amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget, and amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. - 6 -
1/25/2022
- 7 -
1/25/2022 5:30:00 PM
 Resolution amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
 Resolution amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

10. Consider approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a fiveyear term, with one two-year extension option. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

11. Consider approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent

12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed for a total not to exceed amount of $77,330 and amending the Fiscal Year 2021/22 Multi-Year Program Budget. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in - 7 -
1/25/2022
- 8 -
1/25/2022 5:30:00 PM
the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

UTILITIES; Robert Davalos, 209-571-5869, [email protected] Consent

13. Consider approving an On-Call Construction Services Agreement with Ewing Construction Services, of Davis, CA, for a term of one-year with two one-year extensions options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects) Staff Recommendation:
 Resolution approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent

14. Consider approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one-year with two one-year extension options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects)
Staff Recommendation:
 Resolution approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jesse Franco, 209-571-5175, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

NEW BUSINESS

15. Consider approving the adoption of a Diversity, Equity, & Inclusion Program and supporting plans including the Equal Employment Opportunity Plan (EEOP), Language Access Plan, Americans with Disabilities (ADA) Plan and amending the Equal Opportunity/Disability Commission and Article II Duties to the Equity Commission. (Funding Source: Various Funds)
- 8 -
1/25/2022
- 9 -
1/25/2022 5:30:00 PM
Staff Recommendation:
 Resolution adopting a Diversity, Equity, and Inclusion Program.  Resolution adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
 Resolution adopting the City of Modesto Language Access Plan.  Resolution approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

16. Consider approving an eighteen month Park Ranger Pilot Program to allocate and hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708, amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget, and introducing an Ordinance amending Section 1-2.10 of the Modesto Municipal Code relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s. (Funding Source: American Rescue Plan Act) Staff Recommendation:
 Resolution approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
 Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
 Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s.

POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT

CLOSED SESSION
- 9 -
1/25/2022
- 10 -
1/25/2022 5:30:00 PM
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JANUARY 25, 2022, at 4:15 P.M.
and after the regularly scheduled meeting via Zoom.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.

Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA - 10 -
1/25/2022
- 11 -
1/25/2022 5:30:00 PM
Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 11 -
1/25/2022
- 1 -
1/11/2022 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 11, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen

Absent: Councilmember Kenoyer
Pledge of Allegiance to the Flag
Invocation: Mark Krieger, Modesto Covenant Church
City Clerk’s Announcements:

Public Comments were received at ccmeetings, and were forwarded to all Councilmembers. Items 6 and 14 were pulled from Consent, and a request by a member of the public to speak regarding item 3
Declaration of Conflicts of Interest:

Councilmember Wright recused himself from item 24, out of abundance of caution.

Reports from Closed Session:

ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M.

Sanchez, City Attorney for Property: APN: 135-029-022.

City Attorney Jose Sanchez reported no other reportable action. #2..
- 12 -
- 2 -
1/11/2022 5:30:00 PM

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. County/Covid-19 update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Lori Williams, Public Health Director, and Kamlesh Kaur, Public Information Officer with Stanislaus County reported regarding Covid-19.

MISCELLANEOUS

2. Consider approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a MemberAt-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-001 approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.

3. Consider reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Resolution 2022-002 reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.

PUBLIC COMMENT PERIOD
 John Dinan from County Commission on Aging, spoke regarding the need for low income senior housing,
#2..
- 13 -
- 3 -
1/11/2022 5:30:00 PM
 Joyce Gandelman from the County Commission on Aging also spoke in support of the need for low income subsidized housing for seniors. She expressed concerns that the housing workshop presented by Opticos had no mention and no planning for low income subsidized housing for seniors.
 Emerson Drake spoke regarding Covid presentation, and emphasized that 9 out of 10 people dying from Covid are unvaccinated. He also spoke regarding housing prices and sewer rates. He also spoke regarding when and where the meetings for the Charter Review recommendations are being held. He also spoke regarding mask mandates, and expressed his appreciation that the Councilmembers and staff were wearing masks.  Jeremiah Williams spoke regarding a Martin Luther King celebration on Monday at Christian Love Baptist Church, he also noted there will be a presentation of a Peace Award to Officer Michael Rokaitis.
 Ramon Rodriguez spoke regarding the need for affordable housing. He also spoke regarding homelessness in Modesto and spoke in support of safe parking program, and re-opening a tent city. He also spoke regarding Municipal golf course being a mixture of recreational space and affordable housing.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-5, 7-13, 15-22: (Wright/Ricci; 6/0; Kenoyer absent) Item 6 and 14 were removed from Consent

CONSENT ITEMS
Consent

4. Consider approving the minutes from the December 14, 2021 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the December 14, 2021 Council Meeting CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion approving the minutes from the December 14, 2021 Council Meeting
Consent

5. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable)  Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-003 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
#2..
- 14 -
- 4 -
1/11/2022 5:30:00 PM
Removed from Consent

6. Consider approving a Loan Agreement and Loan from the City to the Successor Agency to fund a Settlement Agreement regarding Civic Partners Modesto, Inc. (Funding Source: General Fund and RPTTF Fund)
 Resolution approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan Agreement.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Zwahlen; 6/0; Kenoyer absent) Resolution 2022-004 approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan Agreement.

Consent

7. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-005 amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

Consent

8. Consider approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945. (Funding Source: US Treasury ERAP1 Funds)
 Resolution approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the #2..
- 15 -
- 5 -
1/11/2022 5:30:00 PM
City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-006 approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-007 amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-008 amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

Consent

9. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015). (Funding Source: Sewer Fund and General Fund)
 Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Nathan Bray, 209-571-5542, [email protected]
#2..
- 16 -
- 6 -
1/11/2022 5:30:00 PM
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-009 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Consent

10. Consider approving a Memorandum of Understanding (MOU) with Stanislaus Council of Governments for suballocation of Regional Early Action Planning grant program funds, and amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to fund certain housing-related work associated with the comprehensive General Plan update. (Funding Source: State of California Regional Early Action Planning (REAP) Grant Funds through Stanislaus Council of Governments)
 Resolution approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.
 Resolution amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

CED; Brad Wall, 209-577-5273, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-010 approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-011 amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Consent

11. Consider accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable)  Motion accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
#2..
- 17 -
- 7 -
1/11/2022 5:30:00 PM
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report.

Consent

12. Consider accepting the Monthly Investment Report for October 2021. (Funding Source: Various Funds)
 Motion accepting the Monthly Investment Report for October 2021.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion accepting the Monthly Investment Report for October 2021.

Consent

13. Consider accepting an actuarial valuation report of other post-employment benefits (OPEB) as of the measurement date June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75. (Funding Source: Not Applicable)  Resolution accepting an actuarial valuation report of other post-employment benefits (OPEB) as of June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-012 accepting an actuarial valuation report of other post-employment benefits (OPEB) as of June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75.

Removed from Consent

14. Consider approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total cost does not change. (Funding Source: Supplemental Law Enforcement Services Fund (SLESF), Byrne Justice Assistance Grants (BJAG), Utilities Funds, Traffic Safety Fund and Modesto Police Department General Fund)  Resolution approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by #2..
- 18 -
- 8 -
1/11/2022 5:30:00 PM
$150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and Department’s needs, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendments, and authorizing the Director of Finance, or her designee, to execute the amendments.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Resolution 2022-013 approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and Department’s needs, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendments, and authorizing the Director of Finance, or her designee, to execute the amendments.

Consent

15. Consider approving the award of bids for two new additions in the amount of $95,206 and ten City Fleet Replacements for Modesto Police Department (MPD) in the amount of $407,990. (Funding Source: Fleet Replacement Fund, Police Grants Fund)  Resolution approving the award of bid for the purchase of two passenger vans to Napa Ford, Napa, CA for a total amount not to exceed $95,206, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
 Resolution approving the award of bid for the purchase of six Ford Police Interceptors to Tracy Ford, Tracy, CA for a total amount not to exceed $241,425, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
 Resolution approving the award of bid for the purchase of four Ford Responders to Napa Ford, Napa, CA for a total amount not to exceed $166,564, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-014 approving the award of bid for the purchase of two passenger vans to Napa Ford, Napa, CA for a total amount not #2..
- 19 -
- 9 -
1/11/2022 5:30:00 PM
to exceed $95,206, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-015 approving the award of bid for the purchase of six Ford Police Interceptors to Tracy Ford, Tracy, CA for a total amount not to exceed $241,425, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-016 approving the award of bid for the purchase of four Ford Responders to Napa Ford, Napa, CA for a total amount not to exceed $166,564, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.

Consent

16. Consider amending the Position Allocation Plan in two departments: Unfreezing one Captain, one Sergeant, and three Community Service Officers in the Police Department; and reallocating one Senior Software Analyst to one Senior Systems Technician in the Information Technology Department and amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund one Captain, one Sergeant, and three Community Service Officers in the General Fund from SR911 and SASA savings. (Funding Source: Various Funds)
 Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
 Resolution amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund the unfreezing of one Captain, one Sergeant, and three Community Service Officers in the general fund field operations cost center (0100-19320).

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-017 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-018 amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund the unfreezing of one Captain, one Sergeant, and three Community Service Officers in the general fund field operations cost center (0100-19320).

Consent

17. Consider approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $986,810; accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund; and amending the Fiscal Year 21/22 Capital Improvement Program Budget. (Funding Source: Community Development Block Grant Funds and #2..
- 20 -
- 10 -
1/11/2022 5:30:00 PM
Land and Water Conservation Fund Grant Funds)
 Resolution approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $ 986,810 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund.
 Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) Budget, Project 100866 in the amount of $550,000 to recognize the Land and Water Conservation Fund grant and fund the Senior Playground 2014 project construction; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-019 approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $ 986,810 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-020 accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund.

ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-021 amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) Budget, Project 100866 in the amount of $550,000 to recognize the Land and Water Conservation Fund grant and fund the Senior Playground 2014 project construction; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Consent

18. Consider approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc., DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457. (Funding Source: California State Parks Grant and Parks Fund)
 Resolution approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
#2..
- 21 -
- 11 -
1/11/2022 5:30:00 PM
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-022 approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

Consent

19. Consider approving the amended Bylaws for the Golf Courses Advisory Committee. (Funding Source: Golf Fund)
 Resolution approving the amended Bylaws for the Golf Courses Advisory Committee.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-023 approving the amended Bylaws for the Golf Courses Advisory Committee.

Consent

20. Consider authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair. (Funding Source: Golf Fund)
 Resolution authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair and authorizing the City Manager, or his designee, to issue the payment and execute the Agreement.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-024 authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair and authorizing the City Manager, or his designee, to issue the payment and execute the Agreement.

Consent

21. Consider approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of contract, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change. (Funding Source:

Various Funds)
 Resolution approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 #2..
- 22 -
- 12 -
1/11/2022 5:30:00 PM
over the total term of the Agreement, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendment.

PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-025 approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of the Agreement, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendment.

Consent

22. Consider approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000. (Funding Source: General Fund, Water and Wastewater Funds & Various Departmental Funds)
 Resolution approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000, and authorizing the City Manager, or his designee, to execute the amendment.

UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-026 approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000, and authorizing the City Manager, or his designee, to execute the amendment.

COUNCIL COMMENTS & REPORTS
Councilmember Wright spoke regarding a citizen whose bike was stolen over the Christmas holidays, and he was pleased to see how the community came together to help this citizen. He also spoke regarding the one year anniversary of the new Councilmembers and Mayor, and looking forward to the upcoming year and the challenges ahead of them, but is optimistic about the future.

Councilmember Ricci spoke regarding reflecting back on the first year as a Councilmember. He spoke regarding the issues he's received from constituents including #2..
- 23 -
- 13 -
1/11/2022 5:30:00 PM
calls for forestry issue, homelessness, roads, dumping, park issues, business violations, housing and squatting. He also gave kudo's to Police Department for good strategy and leadership.

Councilmember Madrigal thanked the Public Works Department who responded to the GoModesto complaints made regarding dumping and code violations. He also asked for a report back on the video surveillance cameras update of illegal dumping.

CITY MANAGER COMMENTS & REPORTS
None

HEARINGS
Published in the Modesto Bee on December 31, 2021

23. Hearing to consider the application of Provident Senior Solutions, Inc and issuing this entity a permit to operate as non-emergency medical transport services in the City of Modesto. (Funding Source: General Fund)
 Resolution accepting the application of Provident Senior Solutions, Inc. and authorizing the issuance of a permit to operate as a non-emergency medical transport company in the City of Modesto.

POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Wright/Madrigal; 6/0; Kenoyer absent) Resolution 2022-027 accepting the application of Provident Senior Solutions, Inc. and authorizing the issuance of a permit to operate as a non-emergency medical transport company in the City of Modesto.

NEW BUSINESS

24. Consider approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant., as required by HCD, approving a loan for the Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, , and amending the fiscal year 2021-2022 multiyear fund budget to establish a project for the Homekey 2.0 program as well as to transfer $550,000 from fund (1120) – grants – PLHA Program to Homekey 2.0 project. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
 Resolution approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by the State of California Housing and Community Development (HCD) as well as negotiate and execute any related #2..
- 24 -
- 14 -
1/11/2022 5:30:00 PM
program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute any documents in the execution of this Resolution.  Resolution of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program.  Resolution approving a loan for Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, and authorizing the City Manager or his designee to execute the Agreements.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Permanent Local Housing Allocation program grants and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund (1120) – Grants – PLHA Program to Homekey 2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-028 approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by the State of California Housing and Community Development (HCD) as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute any documents in the execution of this Resolution.

ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-029 of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program.

ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-030 approving a loan for Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, and authorizing the City Manager or his designee to execute the Agreements.

ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-031 amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Permanent Local Housing Allocation program grants and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-032 amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund #2..
- 25 -
- 15 -
1/11/2022 5:30:00 PM
(1120) – Grants – PLHA Program to Homekey 2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

25. Consider approving a Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA for a three-year Agreement with four one-year extensions to provide administrative and management services of a Section 115 Trust for an amount determined based on the fee schedule defined under Exhibit A and funding a Pension Trust in the amount of $2,345,594 and an OPEB Trust in the amount of $1,387,280 and amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund. (Funding Source: Various Funds)  Resolution approving Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA, to provide Trust Administration Services for a three-year contract with four one-year extension options for a potential seven-year Agreement at the sole discretion of the City, in an amount based on the fee structure defined under Exhibit A, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund to establish the Unfunded Accrued Liability (UAL) Trust Fund contribution and the Other Post-Employment Benefits Liability Trust Fund contribution and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-033 approving Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA, to provide Trust Administration Services for a three-year contract with four oneyear extension options for a potential seven-year Agreement at the sole discretion of the City, in an amount based on the fee structure defined under Exhibit A, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-034 amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund to establish the Unfunded Accrued Liability (UAL) Trust Fund contribution and the Other Post-Employment Benefits Liability Trust Fund contribution and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 7:23 P.M.
#2..
- 26 -
- 16 -
1/11/2022 5:30:00 PM

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JANUARY 11, 2022, at 4:30 P.M.
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

1. Consider appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.

Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 4125 Sisk Road, Modesto CA 95356 – APN 135-029-022 Property Owners: Kimberly Anne Soranno, Trustee of the Leonard J. Soranno Marital Trust
Negotiating Parties:

For City: Jaylen French, Director of Community & Economic Development Jose M. Sanchez, City Attorney
For Owner: Mr. Arnold J. Wolf – Freeman Firm
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Civic Partners Modesto, Inc. v. City of Modesto Redevelopment #2..
- 27 -
- 17 -
1/11/2022 5:30:00 PM
Successor Agency
Stanislaus County Superior Court
Case No. 9000266
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M.

Sanchez, City Attorney for Property: APN: 135-029-022.

Attest:____________________________
Dana Sanchez, Interim City Clerk
#2..
- 28 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: January 19, 2022
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
Bill Sandhu, Public Works Director
SUBJECT: Authorizing staff to submit a Clean California Local Grant CONTACT: Edgar R. Garcia, Management Analyst, [email protected], 209-571- 5101
DESCRIPTION:

Consider authorizing staff to submit a California Department of Transportation Clean California Local Grant Program application intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a Multi-Family Bulky Item Pick-Up Program. (Funding Source: Not applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City’s Strategic Plan Commitment for Quality of Life, Goal A: Improve Community Safety, Strategy 6: Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: Invest in Beautification Efforts, Strategy 5:

Develop a new solid waste plan increasing availability of bulky item pick up.

BACKGROUND:

The California Department of Transportation (Caltrans) Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that overwhelms communities.

Further, as identified in a 2020 comprehensive community survey and in a series of community meetings throughout the preceding 24 months, the most prevalent concerns raised by Modesto residents are related to blight. Blight is defined as unmaintained vacant properties, abandoned vehicles, tagging, litter, and illegal dumping; and, the neighborhood at Rouse Ave is an economically disadvantaged neighborhood that has experienced approximately 500 blight concerns in the last 4 years, which is significantly above average. Additionally, staff finds that a significant amount of illegal dumping is found in or near multi-family complexes. #3..
- 29 -
City Council, January 25, 2022
Request for authority to submit a Clean California Grant

Based on this data, staff is seeking to submit a Clean California Local Grant that would develop the vacant lot at 1850 Rouse Avenue into a walking path with urban greening and exercise equipment, modeled after the Virginia Corridor Trail that is a staple for Modesto residents.

Additionally, residents who reside in a multi-family dwelling in Modesto do not currently have access to the bulky item pick-up program, creating a significant illegal dumping concern in Modesto. If awarded the grant, the City would also launch a program specifically for residents who live in multi-family dwellings which would fill this critical need in our community. Staff has also contacted neighborhood leaders, faith-based leaders, local nonprofits, Modesto City Schools, and the County of Stanislaus – each of which have agreed to provide a letter of support for this project.

DISCUSSION:

The proposed grant would aim to implement the following initiatives detailed further below. 1850 Rouse Avenue – Walking Path
The project location is 1850 Rouse Avenue in Modesto, California (APN: 037053040) and is a heavily blighted pathway approximately 12 meters in width and 100 meters in length that connects adjacent neighborhoods to nearby elementary schools, commercial areas, parks, and transit stops. Further, this property is also a premier example of blight that regularly requires that City staff to respond to tagging, litter, and illegal dumping concerns. As noted in the image below, 1850 Rouse Avenue is a narrow pathway extending from Rouse Avenue near commercial shopping centers and Paradise Road to Crippen Avenue near Robertson Road Park and Kirschen Elementary School. Both sides of the pathway have transit access and experience a heavy amount of foot traffic given the proximity to neighborhood amenities.

Upon issuance of the Clean California Local Grant, the City will seek to transform this vacant lot into a walking path that the community can take pride in. Further, the vision of this initiative includes the installation of urban greening, exercise equipment, and lighting as detailed below.  The greening will
include grass and a
drought-resistant
urban canopy for
shade along both
ends (East to West)
of the path.
 Four unique pieces of
exercise playground
equipment will be
installed extending
along both ends (East
to West) of the path.
 Four 12 ft. tower lights with directors will be installed extending along both ends (East to West) of the path.

Multi-Family Bulky Item Program
To address the larger issue of illegal dumping in the community, the City proposes implementation of a bulky item pickup program for multifamily units. Although many cities throughout California offer programs for apartment complexes and multiplexes, the City of Modesto does not include multifamily units in their existing bulky item pick-up program. The City has a prolific illegal dumping problem, collecting over 300 tons annually; thus, the City proposes #3..
- 30 -
City Council, January 25, 2022
Request for authority to submit a Clean California Grant

collaborating with property owners to create a program that meets the needs of multifamily residents and the City alike.

Year 1: This implementation program would include surveys to property owners or managers requesting initial feedback followed by forums available to residents. With the information gathered, the City would host six workshops where property owners of different size complexes could express the unique concerns of their properties. Finally, the City would host a final workshop between property owners and our contracted haulers to address the proposed solution and attempt to anticipate and resolve any lingering issues.

Year 2: The City would then launch a coordinated and multilingual outreach program to publicize the multifamily bulky item program. Outreach would include:
 Brochures that detail the City’s available programs, including bulky item  Door hangers and flyers specifically concerning bulky item programs and fines for illegal dumping
 In person outreach at properties where residents can ask questions and receive more personalized information
 Visit properties that make appointments for the first year to ensure compliance An element of this grant application also includes funding for the first year of the implementation of the program to lessen the financial burden on multifamily residents. During this 12-month period, the service will be available at no cost to multi-family residents, and staff will be collaborating with the City’s haulers to make adjustments to the rate structure for multi-family complexes to come into effect after the 12-month period. The revised rate structure would add a fee to the commercial garbage rate for multifamily accounts that will offer this as an ongoing service for multi-family residents.

Next Steps
Upon award, Caltrans will determine whether a match is required for this grant application – however, no match funds are anticipated because the grant is aimed at directly supporting disadvantaged neighborhoods. Council action authorizing staff to submit an application does not bind the City into any requirements associated with the grant. Staff will be returning to Council for a formal request to accept the grant and to enter into an agreement with Caltrans to receive the funds.

FISCAL IMPACT:

The City will be seeking a grant award of up to $1 million for the improvements to 1850 Rouse Avenue, and to support the launch of the multi-family bulky item program. There is no Number of Units Number of Properties
71+ 75
25 to 70 76
15 to 24 62
10 to 14 61
7 to 9 77
5 to 6 105
Under 5 units have residential service with toters and receive bulky item pickup
#3..
- 31 -
City Council, January 25, 2022
Request for authority to submit a Clean California Grant

anticipated match requirement for this application due to the fact that this grant would directly support severely disadvantaged communities. As mentioned, staff will be returning to Council upon award to formally accept the grant award and to enter into an agreement with Caltrans to receive the funds.

COMMITTEE RECOMMENDATION
This item was not considered by a Council Committee; however, it was considered and supported by the Blight Abatement Advisory Committee at their last meeting on January 13, 2022, and the Committee has provided a letter of support.

RECOMMENDED ACTION:

Staff’s Recommendation:

Resolution authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program and authorizing the City Manager, or his designee, to execute such documents as necessary to carry out the purpose of this Resolution.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Proposed Project Rendering
#3..
- 32 -
1 2021

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING STAFF TO SUBMIT A CALIFORNIA

DEPARTMENT OF TRANSPORTATION CLEAN CALIFORNIA LOCAL
GRANT INTENDED TO DEVELOP A CITY-OWNED VACANT LOT AT 1850 ROUSE AVENUE (APN: 037053040) TO A WALKING PATH WITH

AMENITIES FOR THE NEIGHBORHOOD, AND A GRANT APPLICATION

FOR FINANCIAL SUPPORT TO LAUNCH A MULTI-FAMILY BULKY ITEM

PICK-UP PROGRAM AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE SUCH DOCUMENTS AS NECESSARY TO CARRY

OUT THE PURPOSE OF THIS RESOLUTION
WHEREAS, the Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces, and WHEREAS, the Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed communities, and
WHEREAS, as identified in a 2020 comprehensive community survey, and in a series of community meetings throughout the preceding 24 months, the most prevalent concerns raised by Modesto residents have been related to blight, and WHEREAS, blight is defined as unmaintained vacant properties, abandoned vehicles, tagging, litter, and illegal dumping; and, the neighborhood at Rouse Avenue is an economically disadvantaged neighborhood that has experienced approximately 500 blight concerns in the last 4 years which is significantly above average, and WHEREAS, staff finds that a significant amount of illegal dumping is found in or near multi-family complexes, and
WHEREAS, based on this data, staff is seeking to submit a Clean California Grant that would develop the vacant lot at 1850 Rouse Avenue, into a walking path with #3..
- 33 -
2 2021
urban greening and exercise equipment, modeled after the Virginia Corridor Trail that is a staple for Modesto residents, and
WHEREAS, considering that residents who reside in a multi-family dwelling in Modesto do not have access to a bulky item pick-up program – creating a significant illegal dumping concern in Modesto, and if awarded the grant, the City would launch a program specifically for residents who live in multi-family dwellings which would fill this critical need in our community, and
WHEREAS, staff has also contacted neighborhood leaders, faith-based leaders, local nonprofits, Modesto City Schools, and the County of Stanislaus – each of which have agreed to provide a letter of support for this project, and WHEREAS, the project location is 1850 Rouse Avenue in Modesto, California (APN: 037053040) and is a heavily blighted pathway approximately 12 meters in width and 100 meters in length that connects adjacent neighborhoods to nearby elementary schools, commercial areas, parks, and transit stops, and WHEREAS, the City will seek to transform this vacant lot into a walking path that the community can take pride in. Further, the vision of this initiative includes the installation of urban greening, exercise equipment, and WHEREAS, to address illegal dumping, the City proposes implementation of a bulky item pickup program for multifamily units, which is currently not available to residents, and
WHEREAS, Caltrans will determine whether a match is required for this grant application – however, no match funds are anticipated because the grant is aimed at directly supporting disadvantaged neighborhoods, and
#3..
- 34 -
3 2021
WHEREAS, Council action authorizing staff to submit an application does not bind the City into any requirements associated with the grant. Staff will be returning to Council for a formal request to accept the grant and to enter into an agreement with CalTrans to receive the funds, and
WHEREAS, the City will be seeking a grant award of up to $1 million for the improvements to 1850 Rouse Avenue, and to support the launch of the multi-family bulky item program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager, or his designee, to submit a Clean California Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN:
037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager, or his designee, to execute such documents as necessary to carry out the purpose of this Resolution.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////// #3..
- 35 -
4 2021
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#3..
- 36 -
NORTH
N.T.S.

CONCEPTUAL PLAN

PARKS PLANNING AND DEVELOPMENT DIVISION
DATE:
01/17/22
DRAWN BY:

JAO

ROUSE AVENUE TRAIL
SHEET:
1 OF 1
N.T.S.

Rou
NORTH
se Avenue
Yellow Pine Drive
Whit
e
D
o
v
e
C
o
u
r
t
EX. SEWER LINE

PROPOSED BOLLARD

PROPOSED MULTI-USE TRAIL

PROPOSED TRASH RECEPTACLE
EX. STREET LIGHT
w/ PROPOSED CAMERA

PROPOSED DECORATIVE

METAL SPLIT RAIL FENCE

PROPOSED TRASH RECEPTACLE
EX. STREET LIGHT
w/ PROPOSED CAMERA

PROPOSED SAFETY
LIGHTING, TYP.

PROPOSED FITNESS
STATION, TYP.

PROPOSED DECORATIVE

METAL SPLIT RAIL FENCE

PROPOSED BOLLARD

EXISTING SEWER LINE
#3..
- 37 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: January 16, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Recruitment of Salary Setting Commission Members CONTACT: Edgar R. Garcia, Management Analyst, [email protected], 209-571- 5101
DESCRIPTION:

Consider authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter. (Funding source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item is in conformance with Council’s Strategic Area of Focus: “Governance and Service Delivery.”
BACKGROUND:

Since 2008, the Charter for the City of Modesto has required that the Citizen’s Salary Setting Commission (Commission) meet every even year between March 1st and April 30th to recommend the compensation it deems appropriate for the Mayor and members of the Council.

At this time, the Charter also prescribed limitations to the salaries that can be set for Mayor and members of the Council requiring that (a) the Mayor’s salary not exceed 50% of the salary of a Stanislaus County Superior Court Judge and (b) the salary of a Council Member does not exceed 50% of the median household income in Modesto.

Also, in 2008, it was approved that the salaries of the Mayor and members of the Council be as follows:

Elected Office Annual Salary Charter Requirement
Mayor $43,200 Salary cannot exceed 50% of
Stanislaus County Superior Court
Judge
Council Member $24,000 Salary cannot exceed 50% of Median Household Income of Modesto
residents
#4..
- 38 -
City Council, January 25, 2022
Authority to solicit applications for the Salary Setting Commission

Further a Commission convened in 2010, 2012, and 2014 and recommended that compensation for the Mayor and Councilmembers to remain at the same level.

DISCUSSION
The regular review of Council salaries is critical to ensuring compensation is at a level that is agreeable to citizens. Further, while it is debated in the literature, there is speculation from political observers that low salaries make it economically infeasible for low-income citizens to pursue elected office. This notion underscores the importance of convening the Citizen’s Salary Setting Commission to initiate their review.

This item was most recently raised for discussion during a Special City Council meeting on January 12, 2022, and in compliance with the Charter, staff is requesting authority from the Council to solicit applications from the community to initiate the process of convening the Citizen’s Salary Setting Commission.

Upon approval from the Council, staff will seek applications to fill the five seats, in accordance with the Charter language that requires that the City strongly consider individuals who meet the following qualifications:

A. Retired Stanislaus County Judge as Chairperson
B. A member from a bona fide local taxpayer’s association with tax exempt status under the relevant provisions of the Internal Revenue Code.

C. A member from a bona fide local nonpartisan political organization with tax-exempt status under the Internal Revenue Code, dedicated to encouraging informed and active participation in government.

D. A member of a Civil Grand Jury who has served in that role with the preceding 5 years.

E. Additional members who have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

Due to the nature of this item, it was not heard at the Committee level, and is being taken directly to Council for consideration.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.

Approved by:

Joseph P. Lopez, City Manager
#4..
- 39 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: January 4, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty A. Douglass, Deputy City Manager
SUBJECT: Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A.

McClure.

CONTACT: Scotty A. Douglass, Deputy City Manager, [email protected], (209) 577-9149
DESCRIPTION:

Consider approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus Quality of Life Goals and Strategies to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In 1973, the City of Modesto purchased real property from Ida McClure, including a Victorian style former residential structure (McClure House), a 14.3 acre orchard and caretaker’s house located at the north end of N. McClure Road, south of Dry Creek and east of Creekside Golf Course. Over the years, the McClure House has needed repairs that outpaced the City’s ability to maintain the facility for public access. Because of this, Council adopted Resolution 2015-477 approving approximately 16 acres of the McClure Property as a surplus and authorized City staff to sell the property, including the McClure House.

Following Council approval, John K. Peltier (Peltier), representing Ida McClure, filed a lawsuit in Stanislaus County Superior Court, naming the City as Defendant. This action halted the sale of the property and both parties (City of Modesto and Mr. Peltier) initiated and participated in good faith settlement negotiations to resolve the disputed issues.

As of December 10, 2021, negotiations have been completed between the parties, resulting in the attached mutually agreed-upon Settlement Agreement. #5..
- 40 -
City Council, January 25, 2022
Settlement Agreement with John K. Peltier,
Administrator of the Estate of Ida A. McClure

DISCUSSION:

In summary, the terms of the agreement are as follows:

1. Effort to establish partnership for restoration and management of the McClure House. a. The rescission of the surplus property designation by rescinding Resolution 2015-477.
b. The City will make a good faith effort to enter into a long-term lease of the McClure House, and the area of undeveloped real property surrounding the McClure House, to the McHenry Museum and Historical Society (Historical Society) or similar non-profit organization under which lease the Historical Society shall renovate, restore, and operate the McClure House for the enjoyment and benefit of the community/public, either as a museum open to the public, or as a similar public/community use.
c. The City will contribute $125,000 to assist the Historical Society with renovation and restoration of the McClure House provided that it receives said amount in the form of a donation by an anonymous donor.
d. The lease will be in an amount that will cover any of the City’s annual maintenance and utility costs associated with the McClure House not to exceed $10,000 per year.
e. The lease offered to the Historical Society or similar non-profit will be for an initial term of up to three years. If successful, the lease would be renegotiated at the end of the term to extend beyond the initial three-year term.

2. The City shall return to Peltier any of the personal property (i.e. furniture, etc.) that remains in the possession of the City as determined by the City Manager or his designee.

3. Except as provided within the agreement, the City will have the right to dispose of the remaining portions of the McClure property, including the orchard, caretaker’s house or other outbuildings outside of the fenced area surrounding the McClure House without restriction.

In conclusion, the parties have mutually agreed upon the aforementioned summary terms of the attached settlement agreement. Therefore, staff recommends rescinding Resolution 2015-477 and approving the settlement agreement between John K. Peltier, Administrator of the Estate of Ida A. McClure, and the City of Modesto, and authorizing the City Manager or is designee to execute the agreement.

FISCAL IMPACT:

If approved, there will be no fiscal impact associated with the recommended actions.

COMMITTEE RECOMMENDATION:

This item was not considered by a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the #5..
- 41 -
City Council, January 25, 2022
Settlement Agreement with John K. Peltier,
Administrator of the Estate of Ida A. McClure

agreement.

Approved by:

Scotty A. Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Resolution No. 2015-477

3. Settlement Agreement Between the City of Modesto, and John K. Peltier, Administrator of the Estate of Ida A. McClure
#5..
- 42 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH JOHN K.

PELTIER, ADMINISTRATOR OF THE ESTATE OF IDA A. MCCLURE AND RESCINDING RESOLUTION NO. 2015-477, REMOVING THE SURPLUS

DESIGNATION FROM THE MCCLURE PROPERTY AND AUTHORIZING

THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, in 1973, the City of Modesto purchased real property from Ida McClure, including a Victorian style former residential structure (McClure House), a

14.3 acre orchard and caretaker’s house located at the north end of N. McClure Road, south of Dry Creek and east of Creekside Golf Course (collectively, the “McClure Property); and
WHEREAS, over the years, the McClure House has needed repairs that outpaced the City’s ability to maintain the facility for public access; and WHEREAS, because of this, Council adopted Resolution 2015-477 approving approximately 16 acres of the McClure Property as a surplus and authorized City staff to sell the property, including the McClure House; and
WHEREAS, following Council approval of Resolution 2015-477, John K. Peltier (Peltier), representing Ida McClure, filed a John K. Peltier v. City of Modesto, et al, Case Number 2022652 in Stanislaus County Superior Court, naming the City as Defendant (the “Legal Action”); and
WHEREAS, the Legal Action halted the sale of the property and both parties initiated and participated in good faith settlement negotiations to resolve the disputed issues; and
#5..
- 43 -
WHEREAS, the parties have negotiated terms for a settlement, substantially in the form presented to this City Council (the “Settlement Terms”).

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Settlement Terms, substantially as presented to this City Council; and
BE IT FURTHER RESOLVED that this City Council hereby rescinds Resolution No. 2015-477, and removes the McClure Property from the City’s surplus property list; and
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the a settlement agreement, in a form approved by the City Attorney, and to execute such documents and take such action as are necessary to carry out the intent of the settlement.

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25 day of January, 2022, by Council Member ________, who moved its adoption, which motion being duly seconded by Council Member ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
#5..
- 44 -
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 45 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2015-477

RESOLUTION DECLARING A PORTION OF THE CITY-OWNED PROPERTY AT 800 N. MCCLURE ROAD (APN 079-001-001) AS SURPLUS PROPERTY AND

AUTHORIZING THE CITY'S PROPERTY AGENT TO PROCEED WITH THE

SALE OF THE SURPLUS PROPERTY
WHEREAS, the City ofModesto owns a property on 800 N. McClure Road (APN 079-001-001), and
WHEREAS, this property, consisting oftwo separate parcels with one APN and purchased in 1973 and 1975, is no longer used by the City and there are no other uses for this property by the City, and
WHEREAS, this property was originally purchased as a historical preservation site, and
WHEREAS, a lack offunding in recent years has prevented repair, construction, and renovation ofthe site, and therefore surplus status is appropriate for this property, and
WHEREAS, staffrecommends the unused property consisting of approximately

16.3 acres be declared as surplus property, and
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City ofModesto that it hereby approves the property located on 800 N. McClure Road (APN 079-001- 00I) be declared as surplus property.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to offer the property for sale.
12/0812015IUtiVJYuriariltem 21 2015-477
#5..
- 46 -
The foregoing resolution was introduced at a regular meeting ofthe Council of the City ofModesto held on the 8th day of December, 2015, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Ridenour, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councihnembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
(SEAL)
12/08/20lSlUtil/JYuriar/Item 21
Ah Yon, Grewal, Kenoyer, Madrigal, Ridenour,
Zoslocki, Mayor Marsh
None
None
2 2015-477
#5..
- 47 -
John K. Peltier v. City of Modesto, et al.

Stanislaus County Superior Court Case No. 2022652
This Settlement Agreement and General Release of Claims (“Agreement”) is entered into by and between John K. Peltier, Administrator of the Estate of Ida A. McClure (“Peltier”) and the City of Modesto, including without limitation its elected and appointed officers, commissioners, directors, past and present employees, predecessors, successors, subsidiaries, related entities, officers, consultants, independent contractors, managers, attorneys, agents, and assigns (the “City”). Peltier and the City may sometimes hereinafter be referred to separately as a “Party” or collectively as the “Parties.” The Effective Date of this Agreement shall be the last date either of the Parties have signed this Agreement.

RECITALS
This Agreement is made with reference to the following facts:

The “McClure Property” comprises approximately 22 acres of real property and related improvements located in the City of Modesto, California, including a Victorian style former residential structure (the “McClure House”), a 14.3 acre orchard (the “Orchard”), and a caretaker’s house (“Caretaker’s House”). The City purchased the McClure Property, including the McClure House, in 1973 from Ida McClure for $ 123,500.00 as evidenced by that certain October 3, 1973 Agreement – City of Modesto (the “Purchase Agreement”), a true and correct copy of which is attached hereto as Exhibit A. The McClure Property is depicted on the diagram reflected on Exhibit B.

In 2015, City designated, by Resolution 2015-477, approximately 16 acres of the McClure Property as a surplus and authorized City staff to sell it.

On or about January 21, 2016, Peltier filed a lawsuit in Stanislaus County Superior Court, naming the City as Defendant, entitled John K. Peltier v. City of Modesto (Stanislaus County Superior Court Case No. 2022652) (“the Action”). The Action alleges that in addition to the Agreement, there was an oral agreement between Ida McClure and the City that the McClure House would be preserved by the City and open to the community. The City disputes this claim.

After the filing of the Action, the Parties engaged in good faith settlement negotiations to resolve the disputed issues at stake in the Action. Specifically, to avoid the expense, delay, and uncertainty of litigation proceedings, the Parties desire to compromise and resolve all claims and disputes among them concerning the McClure Property, according to the terms and subject to the conditions of this Agreement.

This Agreement is made in consideration of all the mutual agreements, conditions, contracts, covenants, promises, representations, undertakings, and warranties contained herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Rescission of Surplus Property Designation
#5..
- 48 -
Within 90 days of the Effective Date, the City agrees to void, repeal, and set aside the City’s adoption of Resolution 2015-477, which designated a portion of the McClure Property as a surplus and authorized its sale.

2. Effort to Establish Partnership for Restoration and Management of McClure House The City agrees to make a good faith effort to enter into a long term lease of the McClure House, and the area of undeveloped real property (“yard”) surrounding the McClure House, to the McHenry Museum and Historical Society or similar non-profit organization (a “Historical Society”) under which lease the Historical Society shall renovate, restore, and operate the McClure House for the enjoyment and benefit of the community/public, either as a museum open to the public, or as a similar public/community use (a “Lease”). The area of yard surrounding the McClure House to be included in the Lease shall be determined by the City, which retains the right to partition the McClure Property to effectuate such exercise of discretion.

The City shall be deemed to have made a “good faith effort” if 1) the City does in fact enter into a Lease with a Historical Society; or 2) the City offers the Historical Society a Lease, within 2 years of the Effective Date, that is not accepted by the Historical Society within 1 year of such Lease being offered by the City (the “Offered Lease”), under which:
 The City will contribute One Hundred and Twenty-Five Thousand Dollars ($125,000) to assist the Historical Society with renovation and restoration of the McClure House provided that it receives the One Hundred and Twenty-Five Thousand Dollars ($125,000) donation from its currently identified anonymous donor, for the specific use of renovating and restoring the McClure House. This contribution from the anonymous donor shall be a condition precedent for any/all of the City’s performance under this Agreement;  The annual rent under the Offered Lease is no greater than that which is necessary to cover the City’s annual maintenance costs of the McClure House, not to exceed Ten Thousand Dollars ($10,000) per year; and
 The Offered Lease provides for a term of up to 3 years provided all material terms and conditions of the Offered Lease are met throughout the term of the Offered Lease. If successfully operated, the lease would be renegotiated with the Historical Society to extend beyond the initial 3 years.

The Offered Lease may include “operational standards” that shall serve as ongoing material terms and conditions of the Offered Lease for the purpose of ensuring that the McClure House is operated by the Historical Society for its intended purpose under this Agreement, that of a publicly accessible museum or similar public/community use, and consistent with the operation of similarly situated museums or similar public/community facilities for educational purposes. Such “operational standards” shall be determined by the City in its sole discretion.

The Offered Lease may include other related customary and commercially reasonable lease terms provided they do not conflict with the operational standards under the Offered Lease and do not otherwise conflict with the primary purpose of the Offered Lease as expressed in this Agreement.
#5..
- 49 -
In the event the City is unable, despite its “good faith effort” as defined in this Agreement, to enter into a Lease, or in the event any Lease is terminated pursuant to its terms, the City reserves the right to dispose of, or use, the McClure House in any way it sees fit, including selling or using the McClure House without any conditions or restrictions as to its use.

3. McClure Personal Property
The City shall return to Peltier any of the personal property set forth on Exhibit C that remains in the possession of the City, as determined by the City Manager or his designee.

3. The Remainder of the McClure Property
Except as expressly provided for in this Agreement, the City shall have the right to dispose of the McClure Property, including the Orchard, the Caretaker’s House, or other outbuildings outside of the fenced area associated directly with the main home in any manner whatsoever, including selling such property without any conditions or restrictions as to its use.

4. Attorneys' Fees
The Parties shall bear their own attorneys’ fees and costs related to the Action.

In the event either Party brings any legal or equitable proceeding to enforce the terms of the Agreement, whether by arbitration or court proceedings, including under Code of Civil Procedure Section 664.6, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs subject to any applicable provisions herein.

5. Release of Claims
In consideration of the foregoing recitals, terms, and promises contained in this Agreement, Peltier, for himself and as Administrator of the Estate of Ida McClure, its appointed officers and commissioners, its past and present employees, predecessors, successors, subsidiaries, related entities, consultants, independent contractors, its constituent departments, commissions, agencies, boards, predecessors, successors, subsidiaries, related entities, and current and former elected officials, officers, directors, trustees, agents, employees, attorneys, and assigns, past present or future, hereby, fully and forever, irrevocably and unconditionally releases, discharges, and covenants not to sue the City, its appointed officers and commissioners, its past and present employees, predecessors, successors, subsidiaries, related entities, consultants, independent contractors, constituent departments, commissions, agencies, boards, predecessors, successors, subsidiaries, related entities, and current and former elected officials, officers, directors, trustees, agents, employees, attorneys and assigns, past, present, or future (collectively, “City Released Parties”), from and for any and all claims, actions, causes of action, judgments, liens, indebtedness, damages, obligations, losses, liabilities, costs, fees, penalties, taxes, claims for attorneys’ fees or costs, other than those attorneys’ fees and costs referenced above, and all other claims and rights of action of all kinds and descriptions that accrued prior to the full execution of this Agreement and that were alleged or could have been alleged in the Action (“Released Claims”), against the City Released Parties; provided, however, with the express #5..
- 50 -
understanding that any Released Claims based upon the requirements and obligations of this Agreement are NOT released.

6. Waiver of Civil Code Section 1542
Peltier acknowledges that this Agreement was entered into voluntarily, and expressly also acknowledges that he has been informed of and is familiar with the provisions of California Civil Code section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

Peltier expressly waives the provisions of California Civil Code section 1542, and further waives any rights he or the Estate of Ida McClure might have to invoke said provisions now or in the future with respect to the releases set out in this Agreement. Peltier hereby agrees to accept and assume the risk that any fact with respect to any matter recited in this Agreement may hereafter be found to be other than, or different from, the facts he believes at the time of this Agreement to be true, and Peltier agrees that this Agreement shall be and will remain effective notwithstanding any such differences in fact.

7. Retention of Jurisdiction; Dismissal of Lawsuit
Within seven (7) business days of the Effective Date, Peltier shall take all necessary and appropriate steps to dismiss the Action with prejudice, and such dismissal with prejudice shall be a condition precedent for the City’s performance of any and all terms and obligations under this Agreement.

8. 12. No Admission of Wrongdoing or Liability
Nothing in this Agreement shall constitute, or be construed as, an admission of liability on behalf of any Party as to any allegations in, and/or the validity of any claims of loss concerning the, Action and/or the Prior Settlement Agreement, nor be admissible in any court, arbitration, administrative agency, or other tribunal for any purpose with the sole exception of any proceeding to enforce or interpret the terms of this Agreement.

13. Non-Disparagement
In publicly presenting, explaining, or characterizing this Agreement, whether orally or in writing, it is understood and expressly agreed to by the Parties to describe this Agreement as a mutual agreement entered into by the Parties to resolve disputed claims amicably and without any future disputes, and that no Party shall characterize the Agreement as representing fault or liability by any other Party, or as an admission of fault or #5..
- 51 -
liability by any other Party, or otherwise disparagingly characterize any other Party’s motives or reasons for entering the Agreement to the detriment of the other Party.

14. No Waiver of Breach
No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor shall be, a waiver of any preceding, concurrent or succeeding breach of the same or any other term or provision of this Agreement.

15. Further Documents and Acts
The Parties agree to execute and deliver or cause to be executed and delivered, any and all documents, and to perform or cause to be performed, any and all further acts that may be reasonably necessary or desirable to effect the provisions of this Agreement.

16. Warranty of Power to Enter Into Agreement and Make Releases The Parties represent and warrant that no other persons or entities have, or have had, any interest in the claims, demands, or obligations referenced in this Agreement and that the Parties have the sole right and exclusive authority to execute this Agreement. The Parties represent and warrant that they have the right and authority to agree to this settlement. The Parties further represent and warrant that they have not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, or obligations referenced in this Agreement.

17. Binding Effect
This Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, successors, and assigns.

18. Governing Law and Interpretation
This Agreement is executed and delivered in Stanislaus County, California, and the rights and obligations of the Parties hereunder shall be construed and enforced in accordance with the laws of the State of California. The Parties stipulate that jurisdiction and venue shall be exclusively in the State of California, County of Stanislaus, for any action involving the validity, interpretation, and enforcement of this Agreement, or for any claim for breach of this Agreement, for damages, and for any other relief sought under this Agreement.

19. Counterparts
This Agreement shall be admissible in counterparts. All executed copies are duplicate originals and are equally admissible in evidence.

20. Severability
In the event that any term, condition or provision of this Agreement shall be held by the arbitrator, or a court of competent jurisdiction, to be invalid or against public policy, that #5..
- 52 -
term, condition or provision shall be deemed to be deleted, and the remaining terms, conditions, and provisions shall continue in full force and effect.

21. Amendment
This Agreement may not be modified, altered, or changed except upon the express written consent of the Parties wherein specific reference is made to this Agreement.

22. Voluntary Agreement
The Parties represent that they have thoroughly discussed all aspects of this Agreement with their respective legal counsel, that the Parties have carefully read and fully understand all of the provisions of this Agreement, and Parties are voluntarily entering into this Agreement without coercion or duress. The Parties understand that the waivers they have made, and the terms the Parties have agreed to, herein are knowing, conscious, and with full appreciation that the Parties are forever foreclosed from pursuing any of the rights so waived.

23. Joint Drafting
This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any Party based upon the attribution of drafting to any Party.

24. Entire Agreement
This Agreement is intended by the Parties as a final expression of their agreement with respect to the terms included herein, and may not be contradicted by evidence of a prior agreement or of a contemporaneous oral agreement. This Agreement shall supersede, and render null and void, any and all prior agreements between the Parties, concerning the subject matter of this Agreement. The Parties agree that there are no representations, agreements, arrangements, or understandings, either written or oral, between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein.

25. Notices
Except where this Agreement expressly provides otherwise, any notice, demand, request, or other communication required or permitted to be given or made under this Agreement shall be in writing, and shall be deemed given or made when deposited with the U.S. Postal Service, if sent by registered or certified mail, or when deposited with a courier, such as Federal Express, and shall be sent as specified below:

If to the City: City of Modesto
Attn: City Manager
P.O. Box 642
Modesto, CA 95353
with copies to: City of Modesto
#5..
- 53 -
Attn: Jose M. Sanchez, City Attorney
P.O. Box 642
Modesto, CA 95353
Meyers Nave
Attn: David Mehretu
1999 Harrison Street, 9th Floor
Oakland, CA 94612
If to Peltier: John K. Peltier

LAW OFFICES OF BRUNN & FLYNN
928 12th Street, Suite 200
Modesto, CA 95354
IN WITNESS WHEREOF, the Parties knowingly and voluntarily executed this Agreement as of the date set forth below:

DATED: ____________, 2022 JOHN K. PELTIER
By:

Administrator of the Estate of Ida A. McClure
DATED: ____________, 2022 CITY OF MODESTO
By:

Joseph Lopez, City Manager
#5..
- 54 -
APPROVED AS TO FORM:

DATED: ____________, 2022 JOHN K. PELTIER
By:

Attorney for John K. Peltier, Administrator of the
Estate of Ida A. McClure
APPROVED AS TO FORM:

DATED: ____________, 2022 CITY OF MODESTO
By:

Jose M. Sanchez, City Attorney
APPROVED AS TO FORM:

DATED: ____________, 2022 MEYERS NAVE
By:

David Mehretu
Attorneys for CITY OF MODESTO
5004058.5
#5..
- 55 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 17,2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: September and October 2021 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:

Consider accepting an informational report on the September and October 2021 grant applications and awards. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on July 1, 2021 to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement. Additionally, the Finance Department coordinated several training sessions to highlight key changes to the new directive.

This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the amount of the grant is less than $1,000,000 and does not require any local match funding. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. The City Manager has the authority for approving grant applications and awards between $25,000 and under $1,000,000 with no local match funding requirements. Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines.

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. Finance Department has established #6..
- 56 -
City Council, January 25, 2022
September and October 2021 Grant Application and Awards

internal grant application forms to manage the types of grants being applied for and to ensure local match requirements will be managed within our current budget.

City departments continue to actively pursue new grant applications as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant. At the May 23, 2017 Council meeting under Resolution 2017-203 through 2017-205, the Utilities department received approval to utilized on-call grant writing services with Provost and Pritchard Consulting Group, RMC Water and Environment, and West Yost Associates, if applicable, for grant applications for various Water and Wastewater projects to support the City’s effort to maximize grant opportunities for the City.

DISCUSSION:

During the months of September and October 2021, City Council approved the below grant application and award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match or which exceeded $1,000,000 with no local match.

Public Works Department:
(Grant Application $To Be Determined (TBD) – Local Match $TBD) Electric Vehicle Infrastructure Development Grants. Funds from these grants will be used to fund the installation of electric vehicle charging stations (EV Stations) within City garages and surface parking lots providing citizens access points to charge their vehicle while parked and doing business within the City of Modesto. Parking Services Division intends to fund the EV stations through a combination of grant programs offered by several organizations and local, state and federal agencies.

Modesto Fire Department:
(Grant Award $4,244,402 – Local Match $0) Staffing for Adequate Fire and Emergency Response (SAFER) Grant. This grant will be used to fund the hiring of nine (9) firefighters to maintain constant staffing as well as add six (6) relief firefighters to relieve the burden of the overtime and additional work hours for firefighters. This grant is intended to fund the salary and benefits of the additional staff for a three (3) year grant period.

During the months of September and October 2021, the Director of Finance and City Manager approved the below grant applications and award acceptance agreements recommended by City staff based on opportunities to receive local grant funds for the City with no required local match.

Public Works Department:
(Grant Application $868,750 – Local Match $0) Congestion Mitigation and Air Quality (CMAQ). Funds from this grant will be used to fund the upgrades to traffic signals at the intersections of: 1) 11th Street at Needham Avenue, 2) 1st Street at H street, 3) Paradise Avenue at H Street, to meet current City and Americans with Disability Act (ADA) standards. This grant will also fund the upgrade of pedestrian push buttons to ADA compliant pedestrian push buttons and the installation of Emergency Vehicle Pre-emption (EVP) and new detection.
#6..
- 57 -
City Council, January 25, 2022
September and October 2021 Grant Application and Awards

(Grant Application $80,000 – Local Match $0) Rideshare Program. The City of Modesto provides a Rideshare Program located in downtown Modesto as an ongoing employerbased trip reduction program while also providing a low-cost technique to reduce vehicle trips and traffic congestion in the downtown area. The goals of the program are to reduce vehicle trips, reduce mileage traveled during peak commuting hours, reduce trafficproduced pollutants, and contribute to the attainment of the national and state ambient air quality standards.
(Grant Application $54,352 – Local Match $0) Beverage Container Recycling City/County Payment Program FY21/22. Funds from this grant are used to fund a variety of education and outreach programs to encourage recycling. Additionally, funds from the grant are used to permanently place recycling bins in highly visible locations throughout the City and to encourage recycling at large events by bringing recycling trailers and portable bins.

Modesto Police Department:
(Grant Application $31,000 – Local Match $0) 2021-2022 Raymus Foundation Grant. This grant will assist the Police Department in leveraging technology and equipment to respond to and drive down crime. The department will utilize these funds to procure an electronic introduction, notification or location services and associated software and hardware products; procure modern and discrete surveillance systems; and procure individual first aid kits for Special Weapons and Tactics (SWAT).
(Grant Application $135,058 – Local Match $0) 2021-Edward Byrne Memorial Justice Assistant Grant. This grant will be used to purchase technology or technology upgrades that enhance real time in-field communications, analytics and information as well as provide opportunity for enhanced interactive training related to de-escalation, relationship building/community engagement, officer wellness and crisis intervention techniques for various real-life situations.
(Grant Award $198,366 – Local Match $0) Community Policing Development DeEscalation (COPS) Grant. The purpose of this grant is to support local law enforcement in their training to build and maintain their officer’s de-escalation proficiency. MPD intends to send at least 10 instructors from its 5 core areas (2 instructors each from Special Weapons and Tactics (SWAT) unit, Crisis Intervention Team (CIT), Mobile Field Firearms (MFF), Defensive Tactical (De-Tac)) to the Force Science Certification Course. The course will teach participants de-escalation techniques and provide knowledge for participants to relay to the rest of the department. Additional support materials will be created and provided at briefings as well.

FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on September and October 2021 grant application and awards. A monthly summary by grant application and awards is below:

Grant Awards: $ 4,442,768
Grant Awards Local Match Amount: $ 0
#6..
- 58 -
City Council, January 25, 2022
September and October 2021 Grant Application and Awards

Grant Applications: $ 1,169,160
Grant Applications Local Match Amount: $ 0
COMMITTEE RECOMMENDATION:

This item was accepted by the Finance Committee on December 20, 2021 and approved to forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an informational report for the September and October 2021 grant applications and awards.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. September and October 2021 Grant Applications and awards #6..
- 59 -
September and October Grant Applications and Awards
Grant Application
Grant Title Month Grant Awarding Agency City Department Name/Division Grant Application
Amount
Grant
Application
Local Match
Amount
Congestion Mitigation and Air Quality (CMAQ) SEP-21 California Department of Transportation Public Works $ 868,750 $ - 2021-2022 Raymus Foundation Grant SEP-21 Raymus Foundation Modesto Police Department $ 31,000 $ - Electric Vehicle Infrastructure Development Grants SEP-21 San Joaquin Valley Air Pollution Control , Inland Counties Incentive Project, State of California,
Federal Government
Public Works TBD TBD
Rideshare Program SEP-21 California Department of Transportation Public Works $ 80,000 $ - 2021-Edward Byrne Memorial Justice Assistant Grant OCT-21 Bureau of Justice Assistance Modesto Police Department $ 135,058 $ - Beverage Container Recycling City/County Payment Program FY21/22 OCT-21 CalRecycle Public Works $ 54,352 $ - Total $ 1,169,160 $ -
Grant Award
Grant Title Month Grant Awarding Agency City Department Name/Division Grant Award
Amount
Grant Award
Local Match
Amount
Staffing for Adequate Fire and Emergency Response (SAFER) grant SEP-21 Department of Homeland Security (DHS) Modesto Fire Department $ 4,244,402 $ - Community Policing Development De-Escalation Training (COPS) Grant OCT-21 DOJ-Office of Community Oriented Policing Services
Modesto Police Department $ 198,366 $ -
Total $ 4,442,768 $ -
#6..
- 60 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: January 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
SUBJECT: Mobile Data Computer Replacement for the Police Department CONTACT: Cynthia Kline, Purchasing Manager, [email protected], (209) 577-5412 DESCRIPTION:

Consider approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment and increasing the agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two (2) years and new total amount not to exceed $925,295,for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Mobile data computers (MDCs) are used in order to ensure appropriate access to confidential records from local, state and national law enforcement databases and to ensure effective electronic communications between department members and dispatch personnel. For the Police Department, these computers are utilized in patrol vehicles as the primary way Officers and Community Service Officers receive call for service related information. As such, these MDCs are critical pieces of equipment in the everyday operations and safety of department personnel and members of the public.

The department’s current MDCs are five years old and their manufacturer’s warranty expired at the end of May of this year. Since that time, the department has begun experiencing serious device issues including touchscreen failures as well as complete shut downs of the device in the middle of use resulting in the loss of data entered into reports. #7..
- 61 -
City Council, January 25, 2022
Mobile Data Computer Replacement for MPD

On September 24, 2019, by Resolution 2019-418, Council approved the award of a purchase order for three-year agreement for the purchase of desktop computers, laptops, tablets, software and services to Dell Technologies, of Round Rock, TX, for the first two (2) years cost not to exceed $1.35M and a total amount not to exceed $1.95M over the three-years.

On December 8, 2020, by Resolution 2020-514, Council approved the award of agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA for a two-year agreement with three 1- year extension options, for an annual estimated cost of $160,000 and total amount not to exceed $800,000 over five years.

DISCUSSION:

MDCs are typically replaced every five years and it is unknown ahead of time what brand and specification of MDC will meet the ever-changing technology needs of the Police Department.

The agreement to Dell Technologies, of Round Rock, TX was awarded in September of 2019 and the formal bid process took place approximately six months prior to that; well before the Police Department would have been ready to begin the evaluation of replacement MDC specifications. The agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA was awarded in December of 2020 – similar to the process for selecting the replacement MDCs, until the department selects the replacement MDC, the mounting set up and components cannot be known. The Police Department, in conjunction with its embedded Information Technology staff and the Fleet Services Division of Public Works, have completed the evaluation and selection of all the necessary components of the MDC replacement. The additional MDCs, parts and installation for the respective vendors are listed below:

Description Vendor Cost
Docking Stations & Motion Mounts - parts LEHR $56,000
Installation of consoles LEHR $54,775
Installation of docking stations and mounts only LEHR $14,520 Mobile Data Computers DELL $291,534
FISCAL IMPACT:

The majority of the costs associated with the MDC replacement are saved through the department’s Internal Service Fund (ISF) Fleet Replacement line item. Each year a set amount of funds are set aside for the replacement of the computers and any needed parts to modify the interior of the patrol vehicles to properly accommodate the placement of the MDC units as well as the installation costs. The Department covers the costs of the docking stations and motion mounts as well as any related installation needed for special cases. As a result of the Fleet Replacement ISF and the Police Department’s Supplemental Law Enforcement Services Fund, sufficient funds are budgeted in fiscal year 2021-22 in the following amounts and projects/accounts:

Fleet Replacement Fund: $346,309 (5409-53246-52038)
MPD SLESF Funds: $70,520 ($19,685 from project #100901 and $50,835 from project #101059)
COMMITTEE RECOMMENDATION:
#7..
- 62 -
City Council, January 25, 2022
Mobile Data Computer Replacement for MPD

This item was presented at the January 10, 2022 Safety and Communities Committee and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or her designee, to execute the purchase order.

Resolution approving a first amendment and increasing the agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two (2) years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.

Approved by:

DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. First Amendment – Stommel Inc. DBA Lehr Auto Electric #7..
- 63 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A FIRST AMENDMENT AND INCREASING THE AGREEMENT AMOUNT WITH STOMMEL INC. DBA LEHR AUTO
ELECTRIC, SACRAMENTO, CA BY $125,295 FROM $320,000 TO $445,295 FOR THE FIRST TWO (2) YEARS AND NEW TOTAL AMOUNT NOT TO EXCEED $925,295, FOR THE PURCHASE AND INSTALATION OF MOBILE DATA

COMPUTERS FOR THE MODESTO POLICE DEPARTMENT, ANDALLOW

THE DIRECTOR OF FINANCE TO ADD PARTS AND SERVICES TO THE LEHR AUTO ELECTRIC AGREEMENT AS BUSINESS NEEDS CHANGE; AND

AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE, TO

EXECUTE THE AMENDMENT
WHEREAS, mobile data computers (MDCs) are used in order to ensure appropriate access to confidential records from local, state and national law enforcement databases and to ensure effective electronic communications between department members and dispatch personnel; and
WHEREAS, for the Police Department, these computers are utilized in patrol vehicles as the primary way Officers and Community Service Officers receive call for service related information; and
WHEREAS, on December 8, 2020, by Resolution 2020-514, Council approved the award of agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA for a two-year agreement with three 1-year extension options, for an annual estimated cost of $160,000 and total amount not to exceed $800,000 over five years; and WHEREAS, MDCs are typically replaced every five years and it is unknown ahead of time what brand and specification of MDC will meet the ever-changing technology needs of the Police Department; and
WHEREAS, the agreement to Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA was awarded in December of 2020 – similar to the process for selecting #7..
- 64 -
2 the replacement MDCs, until the department selects the replacement MDC, the mounting set up and components cannot be known; and
WHEREAS, the Police Department, in conjunction with its embedded Information Technology staff and the Fleet Services Division of Public Works, have completed the evaluation and selection of all the necessary components of the MDC replacement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a first amendment and increasing the agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two (2) years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department.

BE IT FURTHER RESOLVED to allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change.

BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to execute the amendment.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
#7..
- 65 -
3 ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#7..
- 66 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN INCREASE TO THE PURCHASE ORDER
AMOUNT WITH DELL TECHNOLOGIES, OF ROUND ROCK, TX BY $ 291,534 FROM $1,950,000 TO NEW TOTAL AMOUNT NOT TO EXCEED $2,241,534;

AND AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE,

TO EXECUTE THE PURCHASE ORDER
WHEREAS, mobile data computers (MDCs) are used in order to ensure appropriate access to confidential records from local, state and national law enforcement databases and to ensure effective electronic communications between department members and dispatch personnel, and
WHEREAS, for the Police Department, these computers are utilized in patrol vehicles as the primary way Officers and Community Service Officers receive call for service related information; and
WHEREAS, on September 24, 2019, by Resolution 2019-418, Council approved the award of a purchase order for three-year agreement for the purchase of desktop computers, laptops, tablets, software and services to Dell Technologies, of Round Rock, TX, for an initial cost not to exceed $1.35M and a total amount not to exceed $1.95M over the three-years; and
WHEREAS, MDCs are typically replaced every five years and it is unknown ahead of time what brand and specification of MDC will meet the ever-changing technology needs of the Police Department; and
WHEREAS, the agreement to Dell Technologies, of Round Rock, TX was awarded in September of 2019 and the formal bid process took place approximately six months prior to that; well before the Police Department would have been ready to begin the evaluation of replacement MDC specifications; and
#7..
- 67 -
2 WHEREAS, the Police Department, in conjunction with its embedded Information Technology staff and the Fleet Services Division of Public Works, have completed the evaluation and selection of all the necessary components of the MDC replacement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#7..
- 68 -
1 FIRST AMENDMENT TO PURCHASE AGREEMENT
FOR ADDITIONAL COMPENSATION WITH STOMMEL INC. dba LEHR AUTO

ELECTRIC
This FIRST AMENDMENT to the PURCHASE AGREEMENT, made and entered into in the City of Modesto, State of California, this _____ day of ____, 2022, by and between the City of Modesto, a Municipal Corporation of the State of California, hereinafter called CITY , and Stommel Inc. dba Lehr Auto Electric, Sacramento, California, hereinafter referred to as CONTRACTOR.

This FIRST AMENDMENT to the PURCHASE AGREEMENT is made with reference to the following recitals:

A. A Purchase Agreement, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 8th day of December, 2020, to provide Emergency Response Vehicle Equipment, Components and Installation Services.

B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $160,000 annually.

C. The CITY has required additional installation services for mobile data computers in City patrol vehicles, and estimates that an additional amount of $125,295 will be needed to ensure sufficient installation services through the end of the AGREEMENT, dated December 8, 2020.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the amount identified in the AGREEMENT.

E. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. Amount of agreement shall be amended to include the following:
#7..
- 69 -
2 Increase agreement by $125,295 from $320,000 to $445,295 for the first two (2) years and a new total amount not to exceed $925,295.

2. Except as modified and amended by this FIRST AMENDMENT to the PURCHASE AGREEMENT, all other provisions of the Purchase Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Purchase Agreement by its Director of Finance and attested by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2022, and Stommel Inc. dba Lehr Auto Electric, has caused this First Amendment to the Purchase Agreement to be duly executed. #7..
- 70 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: January 3, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
SUBJECT: Fleet Replacement Vehicles- Bid Hauler Truck, Loaders, and Half-Ton Trucks CONTACT: Cynthia Kline, Purchasing Manager, [email protected], (209) 577-5412 DESCRIPTION:

Consider approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for Two Loader Claws for a total amount not to exceed $242,870; and approving the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA for a total amount not to exceed $425,159. (Funding Source:

Fleet Replacement Fund)
STRATEGIC PLAN ELEMENT:

These items support the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Stability.

BACKGROUND:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs. The table below provides the details for the vehicles/equipment in the item. It also provides the details on the department where it is housed. Following this process, a Fleet Replacement List is submitted to Council and is approved as part of a new fiscal year’s Fleet Replacement Budget.

Once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life. These funds are specifically designated for the replacement of City vehicles and equipment.

RFB Vehicle # Description Dept. Year of
Vehicle
Meter Repair
Cost
2122-33 41082 3 Axle Roll-off Bin
Hauler Truck
PW-Green
Waste
2010 196,191 $129,654
This vehicle is used to support street sweeping operations for the Green Waste Division. #8..
- 71 -
City Council, January 25, 2022
Fleet Replacement Vehicles- Bid Hauler Truck, Loaders, and Half-Ton Trucks

Request
For Bids
Vehicle
#
Description Dept. Year of
Vehicle
Hours Repair
Cost
51225 Loader Claw PW – Green
Waste
2021-59 2012 9695 $159,048
Sourcewell
51227 Loader Claw PW – Green
Waste
2012 10188 $242,142
These loaders will be fitted with Claw style buckets and will be used by the trees and green waste divisions to pick up green waste and leaves throughout the city.

RFB Vehicle # Description Dept. Year of
Vehicle
Meter Repair
Cost
30214 Truck ½ Ton Parks 2002 113,286 $22,232
30452 Truck ½ Ton CED – Building
Insp
2004 110,575 $10,273
30207 Truck ½ Ton UTL –
Wastewater
2002 23,081 $6,575
30215 Truck ½ Ton UTL –
Wastewater
2002 50,682 $7,973
30348 Truck ½ Ton CED – Building
Insp
2003 107,984 $15,000
30156 Truck ½ Ton PRN – Child
Services
2001 103,696 $16,143
30885 Truck ½ Ton MPD – Field
Ops
2008 43,510 $8,731
30778 Truck ½ Ton PW – Electrical
Division
2007 71,069 $15,251
30451 Truck ½ Ton CED – Building
Insp
2004 87,115 $13,224
30208 Truck ½ Ton UTL –
Wastewater
2002 91,033 $30,363
31132 Truck ½ Ton UTL –
Wastewater
2011 95,564 $25,760
2021-37
41004 Truck ½ Ton UTL – Water
Wells
2010 107,261 $21,428
Vehicles used to support daily operations for City parks and public facilities, water and wastewater utilities, building compliance, electrical and police.

DISCUSSION:

RFB 2122-33 - Three Axle Roll-off Bin Hauler Truck
On October 28, 2021, the Purchasing Division issued Request for Bids (RFB) 2122-33 for Bid Hauler truck on the City’s website under commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Fourteen companies downloaded the RFB 1 07053 Trucks (With Specialized Bodies – Aerial Ladders and Tower Buckets, Diggers, ETC) and 07054 Truck Diesel ( All Capacities)
#8..
- 72 -
City Council, January 25, 2022
Fleet Replacement Vehicles- Bid Hauler Truck, Loaders, and Half-Ton Trucks

document. On November 30, 2021, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream2. One vendor chose to respond, there was no local bids received. Based on providing the one bid being a responsive and responsible bid, City staff recommends awarding the bid for the Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid that conforms to the Modesto Municipal Code, 8-3.203, City staff recommends the award of bid for the Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA.

RFB 2021-59 – Two Loaders
On January 31, 2019, Sourcewell issued Request for Proposals (RFP) #032119 for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies on the Sourcewell website3, the New York State Contract Reporter website4, the Onvia website5, and the PublicPurchase.com website. The RFP was also advertised and distributed to 98 vendors.

On March 22, 2019 proposals were formally opened at the Sourcewell offices. Fifteen proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlines in the RFP6, fourteen contracts were awarded7 for Heavy Construction Equipment with Related Accessories, Attachments and Supplies.

Sourcewell’s analysts streamline the procurement process by developing RFP’s for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell to offer exceptional products from nationally acclaimed vendors. The Purchasing Division recommends utilizing the existing competitively bid contract with Caterpillar Inc. for Two (2) Loader Claws to the authorized dealer Holt of CA, Stockton, CA for a total amount not to exceed $242,870.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

RFB 2021-37 – Twelve Half-Ton Trucks
2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19 3 www.sourcewell-mn.gov
4 www.nyscr.ny.gov
5 www.onvia.com
6 Conformance to Terms/Conditions to Include Documentation, Pricing, Financial, Industry and Marketplace Successes, Bidder’s Ability to Sell/Service Contract Nationally, Bidder’s Marketing Plan, Value Added Attributes, Warranty Coverages and Information, and Selection and Variety of Products and Services Offered 7 Caterpillar Inc., Volvo Construction, BOMAG Americas, CNH Industrial America, Doosan, Dynapac North America, Grove, Hyundai Construction, John Deere, Kobelco Construction, Komatsu America, Link Belt, Roadtec and Wirtgen America #8..
- 73 -
City Council, January 25, 2022
Fleet Replacement Vehicles- Bid Hauler Truck, Loaders, and Half-Ton Trucks

On October 22, 2021, the Purchasing Division issued Request for Bids (RFB) 2021-37 for HalfTon Trucks on the City’s website under commodity codes8 . Prospective bidders were notified
online and via email of the bid opportunity. Twenty-five companies downloaded the RFB document. On November 23, 2021, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Five vendors chose to respond, there was no local bids received. The original lowest bid rescinded his pricing from the original bid package submitted to the City due to the volatile market pricing and availability related to vehicles. Based on providing the lowest responsive and responsible bid, City staff recommends awarding the twelve half-ton trucks to Penske Chevrolet, Cerritos, CA for a total cost not to exceed $425,159.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA.

FISCAL IMPACT:

Sufficient funds for the one Three Axle Roll-off Bin Hauler Truck, two (2) Loader Claws and Twelve (12) Half-ton Trucks are budgeted in Fiscal Year 21-22 in the Fleet Replacement Fund.

COMMITTEE RECOMMENDATION:

This item was presented at the October 25, 2021 Finance Committee and the final list of fleet additions and replacements has been approved by Council on November 2, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

Resolution approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

Approved by:

DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
8 07048-Trucks (One-ton and less capacity)
#8..
- 74 -
City Council, January 25, 2022
Fleet Replacement Vehicles- Bid Hauler Truck, Loaders, and Half-Ton Trucks

Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Holt of CA Quote #129826-05

3. Contract Acceptance & Award

4. Financial Disclosure and Cost Abstract – Penske Chevrolet - RFB 2021-37

5. Financial Disclosure and Cost Abstract – Interstate Truck Center, LLC - RFB 2122-33 #8..
- 75 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE AWARD OF BID FOR A THREE AXLE

ROLL-OFF BIN HAULER TRUCK TO INTERSTATE TRUCK CENTER, LLC, STOCKTON, CA FOR A TOTAL AMOUNT NOT TO EXCEED $164,941; AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO

ISSUE THE PURCHASE ORDER
WHEREAS, this vehicle is used to support street sweeping operations for the Green Waste Division; and
WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, on October 28, 2021, the Purchasing Division issued Request for Bids (RFB) 2122-33 for Bid Hauler truck on the City’s website under commodity codes07053 Trucks (With Specialized Bodies – Aerial Ladders and Tower Buckets, Diggers, ETC) and 07054 Truck Diesel (All Capacities); and
WHEREAS, fourteen companies downloaded the RFB document, one vendor chose to submit a bid, there was no local bid received; and WHEREAS, on November 30, 2021, bids were formally opened in the City Clerk’s office and Interstate Truck Center, LLC, Stockton, CA, was the only responsive and responsible bidder; and
WHEREAS, based on providing the only responsive and responsible bid which conforms to the Modesto Municipal Code, Section 8-3.203 City staff recommends the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA.
#8..
- 76 -
2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 77 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE)
WITH CATERPILLAR INC. AUTHORIZED DEALER HOLT OF CA,

STOCKTON, CA FOR TWO LOADER CLAWS FOR A TOTAL AMOUNT NOT TO EXCEED $242,870; AND AUTHORIZING THE PURCHASING MANAGER,

OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, these loaders will be fitted with Claw style buckets and will be used by the trees and green waste divisions to pick up green waste and leaves throughout the city; and
WHEREAS, on January 31, 2019, Sourcewell issued Request for Proposals (RFP) #032119 for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies on the Sourcewell website, the New York State Contract Reporter website, the Onvia website, and the PublicPurchase.com website; and
WHEREAS, the RFP was also advertised and distributed to 98 vendors; and WHEREAS, fifteen proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlines in the RFP, fourteen contracts were awarded for Heavy Construction Equipment with Related Accessories, Attachments and Supplies; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” #8..
- 78 -
2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two loaders for a total amount not to exceed $242,870.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 79 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING THE AWARD OF BID FOR THE TWELVE HALFTON TRUCKS TO PENSKE CHEVROLET, CERRITOS, CA TO FOR A TOTAL AMOUNT NOT TO EXCEED $425,159 AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, these vehicles used to support daily operations for City parks and public facilities, water and wastewater utilities, building compliance, electrical and police; and
WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, on October 22, 2021, the Purchasing Division issued Request for Bids (RFB) 2021-37 for Half-Ton Trucks on the City’s website under commodity code - 07048-Trucks (One-ton and less capacity; and
WHEREAS, twenty-five companies downloaded the RFB document, five vendors chose to submit a bid, there was no local bid received; and WHEREAS, on November 23, 2021, bids were formally opened in the City Clerk’s office and Penske Chevrolet, Cerritos, CA, was the lowest responsive and responsible bidder; and
WHEREAS, based on providing the only responsive and responsible bid which conforms to the Modesto Municipal Code, Section 8-3.203 City staff recommends the award of bid for a Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA. #8..
- 80 -
2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 81 -
Quote 129826-05

November 29, 2021

CITY OF MODESTO

ATTN ACCOUNTS PAYABLE
PO BOX 642
MODESTO CA 95353,
Account # 001125
Attention: Jeff Custer
QTY (2) New Caterpillar Model: 908M Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below:

ADDITIONAL SPECIFICATIONS SOURCEWELL #032119-CAT PRICING Reference # Description of Material and Equipment Reference # Description of Material and Equipment 437-9013 908M WHEEL LOADER S3B CERT 437-9132 AIR CONDITIONER, AND HEATER 0P-9002 LANE 2 ORDER 437-9094 JOYSTICK,E/H,PARALLEL VALVE 586-0712 LIGHTS, ROADING RH DIP, LED 433-3258 SECURITY SYSTEM, NONE 437-9054 ENGINE, 55KW, C3.3B, T4F, HRC 447-0747 FEATURE PACKAGE, LOAD/ROAD 437-9070 TRANS 22 MPH DIFF LOCK E/H 259-2925 TIRES, 405/70 R20, DL, SPT9 437-9056 SOUND SUPPRESSION, STANDARD 454-2908 HYDRAULIC OIL, STANDARD 308-0189 VALVE, DRAIN, ECO 454-2909 ANTIFREEZE, -36C (-32F) 377-7559 PRECLEANER 462-0852 INSTRUCTIONS, ANSI
447-9417 FAN, COOLING, ON DEMAND 421-8926 SERIALIZED TECHNICAL MEDIA KIT 451-4357 CPLR, VERT, STD FLOW 496-9971 LIGHTS, CAB, WORKING LED 455-2291 GUARD, HOSE (VERT/STD CPLR) 260-5501 BEACON, ROTATING, MAGNET (HAL) 573-9583 PRODUCT LINK, CELLULAR PL243 423-3083 ALARM, BACK UP 438-1876 CAB, DELUXE, SINGLE BRAKE 541-4413 RADIO, AM/FM, BT/USB/AUX/MIC 552-3734 SEAT, DELUXE PLUS 0P-4299 PACKING, LAST MILE PROGRAM 236-8015 SEAT BELT, RETRACTABLE 3'' 0G-3273 RUST PREVENTATIVE APPLICATOR

WARRANTY INFORMATION
Standard Warranty: 12 Months or Unlimited hours
Extended Warranty: 60 Months or /3000 Hours Powertrain + Hydraulics + Tech CSA Dry Filters Parts Kit - 36 Months or 1500 Hours
MACHINE LIST PRICE $294,229.20
SOURCEWELL DISCOUNT OFF LIST 23% $67,672.72
TOTAL MACHINES PRICE AFTER DISCOUNT $226,556.48
MACHINE PREP AND DELIVERY $8,976.48
EXT WARRANTY $4,823.52
NET BALANCE DUE $240,356.48
ADDITONAL HOLT DISCOUNT -$15,217.11
BALANCE DUE $225,139.37
SALES TAX (7.875%) $17,729.73
CSA Included
AFTER TAX BALANCE $242,869.10
#8..
- 82 -
Quote 129826-05

STANDARD EQUIPMENT
POWERTRAIN -Emissions Compliance -Higher Regulated Countries --Cat 55kw gross, C3.3B, HRC -For Europe and Canada: --US EPA Tier 4i or Tier 4f Certified --EU Stage 3A or 3B Certified -For United States: --US EPA Tier 4f Certified --EU Stage 3B Certified -Engines are fitted with --cold start plugs --electric fuel priming pump --Air cleaner, two-stage with -visual indicator --Closed Circuit Breather --Hydraulically driven suction fan --S-O-S sampling valves -(engine oil and hydraulic oil) --Two speed hydrostatic transmission -with inching function, 12 mph-20kph -maximum speed --Frame mounted heavy duty axles with -outboard planetary reduction --Maintenance free,sealed for life, prop -shaft and universal joints - ELECTRICAL -12 volt direct electric starting -Ignition key start / stop switch -80 ampere alternator -Maintenance free, sealed for life, -heavy duty battery -Battery disconnect switch -Cab mounted fuse panel -Service port connector for -electronic diagnostics (ET) - OPERATOR ENVIRONMENT -Gauges: - -- Fuel level -- Hydraulic oil temperature -- Engine coolant temperature -- Speedometer -Operator station on isolation mounts -Digital service hourmeter -Operator warning system indicators: -- Master warning -- Parking brake applied -- Hydraulic oil pressure -- Engine oil pressure -- Coolant temperature -- Electrical system -- Hydraulic filter bypass -Multifunction joystick: -- Forward/neutral/reverse -- Gear 1/2 switch, low range -- Differential Lock switch -- Continuous flow, auxiliary -Internal rear view mirror -Suspension seat, adjustable -wrist rest -Interior/Exterior aux. power sockets -Suspended brake/accel. pedals -Cup holder -Heavy duty easy clean floormat -Personal storage -Onboard digital display cluster -2 external mirrors - knockback -ROPS/ FOPS certified cab, Level I -Retractable seat belt, 50mm (2 in) COOLING -Extended life coolant antifreeze -Protected to -33F (-36C) OTHER STANDARD EQUIPMENT -Z bar linkage with parallel lift -3rd valve aux hydraulics, standard flow -Engine enclosure - lockable -Lockable side door compartments -Hydraulic oil level sight gauge -Lockable fuel filler cap -Radiator expansion bottle -Quick release fuel fltr/water separator -ECO engine oil drain -Quick Coupler -Parking Brake (Secondary Brake) -Quick disconnect hydraulics, auxiliary -Recovery hitch & pin -Front and rear fenders -Pressure test points -Machine lifting/tie down points -Loader end float function -High intensity rear lights -Reversing light -E coat primer -Self-cancelling direction indicators - This quote is good for (30) days. Any machine quoted outside of HOLT of CALIFORNIA's inventory is subject to revision All quotes are subject to credit approval and prior sale. Any quoted interest rates are subject to change without notice. Quote is void unless machine is delivered, and remains, within HOLT of CALIFORNIA's Dealership territory for two years or unless the machine has at least 1000 hours if delivered outside of Holt's territory.

THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE ARE PART OF AND INCORPRORATED IN THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSIDERED ENFORCEABLE UNTIL ACCEPTED BY HOLT AND EXECUTED BY ITS OFFICE. ANY INDIVIDUAL SIGNING THIS AGREEMENT REPRESENTS AND WARRANTES THAT HE/SHE IS AT LEAST 18 YEARS OLD AND HAS THE AUTHORITY TO BIND CUSTOMER TO THE TERMS OF THE AGREEMENT.

Accepted by __________________________________________________ Date,____________________ (Please Print)
Signature __________________________________________________

Sincerely,
Jason Hjelmstad
Territory Manager
Holt of California
Earth Moving Division
[email protected]
Cell 209-321-2831
#8..
- 83 -
#8..
- 84 -
#8..
- 85 -
#8..
- 86 -
#8..
- 87 -
#8..
- 88 -
#8..
- 89 -
#8..
- 90 -
#8..
- 91 -
#8..
- 92 -
#8..
- 93 -
#8..
- 94 -
#8..
- 95 -
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF
1 New & Unused - Three Axle Roll-Off Bin Hauler Truck per Specification A 1 $152,883.49 $152,883.49 2 Tire Recycling Fee (Non-Taxable) 1 $17.50 $17.50
SUB-TOTAL: $152,900.99
SALES TAX 7.875%: $12,039.57
TOTAL: $164,940.56

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO. 2122-33 BIN HAULER TRUCK
Stockton, CA
Interstate Truck Center, LLC
#8..
- 96 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
TO: Mayor and City Council Date: January 4, 2022
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Stanislaus Consolidated Fire Protection District Administrative Contract CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving an Agreement to provide fire administrative services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget, and amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The City of Modesto Fire Department (“COM”) and Stanislaus Consolidated Fire Protection District (“SCFPD”) both provide fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue, and water rescue, in addition to administrative services, including, but not limited to, payroll, human resources, budgeting, data analysis and overall department oversight within the territorial limits of the cities of Modesto, Riverbank, Waterford and in unincorporated areas of the County of Stanislaus (“County”) including the community of Empire and La Grange.

The SCFPD Board recently requested a proposal to provide fire administrative services to their district.

DISCUSSION:

In order to maintain fire services for SCFPD, the District is requesting the City of Modesto to represent the District and provide roles and responsibilities of the Fire Chief, overseeing and administering SCFPD operations including budget, training, personnel, facilities, and all other #9..
- 97 -
City Council, June 25, 2022
Stanislaus Consolidated Fire Protection District Administrative Contract

district operations. All City of Modesto employees, under the terms of this agreement, will be under the supervision and control of the City’s Fire Chief.

The initial term of the Agreement will be for five years and five months, from February 1, 2022 through June 30, 2027. The Agreement may be extended for one additional two-year term, if all parties agree no later than June 30, 2026. SCFPD will compensate COM for all services provided, pursuant to the terms and conditions of the Agreement.

FISCAL IMPACT:

This Agreement positively impacts the General Fund through the economies of scale from regionalization. There is no negative impact to the General Fund, as revenues from the agreement will compensate for the two positions needed to provide administrative support.

The total anticipated cost of the contract, over the five-year, five-month term, is $1,735,132. The anticipated revenue generated from the administrative fee, over the five-year, five-month term, is $250,000.

COMMITTEE RECOMMENDATION:

This item was not reviewed at the Committee level and was approved by City Manager to go straight to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement to provide fire administrative services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the agreement.

Resolution amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.

Resolution amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution
Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Agreement

3. Exhibit A
#9..
- 98 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT TO PROVIDE FIRE

ADMINISTRATIVE SERVICES BETWEEN THE CITY OF MODESTO AND

THE STANISLAUS CONSOLIDATED FIRE PROTECTION DISTRICT FOR A

FIVE-YEAR, FIVE-MONTH TERM, WITH ONE TWO-YEAR EXTENSION

OPTION, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto (“COM”) and Stanislaus Consolidated Fire Protection District (“SCFPD”) both provide fire protection services, as well as emergency medical services, special operations and administrative services; and WHEREAS, the SCFPD Board recently requested a proposal to provide fire administrative services to their district; and
WHEREAS, in order to maintain fire services for SCFPD, the department is requesting one Deputy Chief, at the Assistant Chief pay rate, to represent the district and serve as their Fire Chief, overseeing and administering SCFPD operations including budget, training, personnel, facilities, and all other district operations; and WHEREAS, the department is also requesting one Administrative Office Assistant III (“AOA III”) to provide administrative support; and WHEREAS, such individuals will remain employees of the City of Modesto under the supervision and control of the Modesto Fire Chief; and WHEREAS, only a portion of each individual’s job functions will be to provide services to SCFPD and they will continue to serve the City’s Fire Department; and WHEREAS, the initial term of the agreement will be for five years and five months, from February 1, 2022 through June 30, 2027, with the option to extend for an additional two-year term if all parties agree no later than June 30, 2026; and #9..
- 99 -
2 WHEREAS, this agreement positively impacts the General Fund through the economies of scale from regionalization; and
WHEREAS, the total anticipated cost of the contract, over the five-year, fivemonth term is $1,735,132; and WHEREAS, the anticipated revenue generated from the administrative fee, over the five-year, five-month term is $250,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council hereby approves the agreement to provide fire administrative services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
#9..
- 100 -
3 APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
#9..
- 101 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2021-2022 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, per Personnel Administrative Order 2.2-87-12, a classification study may be conducted in response to a reclassification request, to develop/revise a classification specification, or to assist in a reorganization; and WHEREAS, classifications are being added to support a contract for fire administrative services with the Stanislaus Consolidated Fire Protection District; and WHEREAS, position changes will be effective the pay period in which February 1, 2022 falls, (Pay Period beginning February 1, 2022).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2021-2022 Operating Budget for various departments as follows:

1. Create one (1) Deputy Chief at the Assistant Fire Chief pay rate.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of January 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
#9..
- 102 -
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
#9..
- 103 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX
RESOLUTION AMENDING THE FISCAL YEAR 2021-22 OPERATING
BUDGET BY $148,364 IN REVENUES AND $127,530 IN EXPENSES AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City of Modesto (“COM”) and Stanislaus Consolidated Fire Protection District (“SCFPD”) both provide fire protection services, as well as emergency medical services, special operations and administrative services; and WHEREAS, the SCFPD Board recently requested a proposal to provide fire administrative services to their district; and
WHEREAS, in order to maintain fire services for SCFPD, the department is requesting one Deputy Chief, at the Assistant Chief pay rate, to represent the district and serve as their Fire Chief, overseeing and administering SCFPD operations including budget, training, personnel, facilities, and all other district operations as directed by the SCFPD Board of Directors; and
WHEREAS, the department is also requesting one Administrative Office Assistant III (“AOA III”) to provide administrative support; and WHEREAS, the initial term of the agreement will be for five years and five months, from February 1, 2022 through June 30, 2027, with the option to extend for an additional two-year term if all parties agree no later than June 30, 2026; and WHEREAS, this agreement positively impacts the General Fund through the economies of scale from regionalization; and
WHEREAS, the total anticipated cost of the contract, over the five-year, fivemonth term is $2,071,686; and #9..
- 104 -
2 WHEREAS, the anticipated revenue generated from the administrative fee, over the five-year, five-month term is $250,000.

WHEREAS, certain budgetary adjustments are necessary to fund this action.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses in Modesto Fire Department – Fire Services Cost Center (18214) in the General Fund to support this action.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is hereby authorized to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember ??, who moved its adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#9..
- 105 -

AGREEMENT TO PROVIDE FIRE ADMINISTRATIVE SERVICES BETWEEN

THE CITY OF MODESTO AND THE STANISLAUS CONSOLIDATED FIRE

PROTECTION DISTRICT
This Agreement (“Agreement”) is made and entered into this ____ day of _____ 2022 (the “Effective Date”), by and between the City of Modesto ("City"), a California municipal corporation, the Stanislaus Consolidated Fire Protection District (“SCFPD”), a California special district, collectively referred to as the “Parties” in this Agreement.

RECITALS
WHEREAS, both City and SCFPD provide fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue, and water rescue, in addition to administrative services, including, but not limited to, payroll, human resources, budgeting, data analysis and overall department oversight within the territorial limits of the cities of Modesto, Riverbank, Waterford, and in unincorporated areas of the County of Stanislaus (“County”) including the community of Empire and La Grange; and
WHEREAS, SCFPD desires to contract with City for the provision of fire administrative services, within the SCFPD jurisdictional boundaries (“Fire Administrative Services”); and WHEREAS, City is willing, able and possesses the capacity to perform the Fire Administrative Services; and
WHEREAS, the Parties desire to enter into a fruitful and long-term partnership for the provision of the Fire Administrative Services; and
WHEREAS, the Parties agree that this Agreement will ensure provision of continued Fire Administrative Services; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to the Fire Administrative Services to be provided to SCFPD by City; and WHEREAS, this Agreement is entered into pursuant to Government Code sections 54981 and 6502, and Health and Safety Code section 13800 et seq., including, but not limited to, sections 13861, 13862, and 1386; and
WHEREAS, the Parties acknowledge they have complied with the provisions of the Meyers Milias-Brown Act (Gov. Code §§ 3500 et seq.) and applicable laws, rules, and ordinances with respect to its employees affected by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, it is agreed by and between the Parties hereto as follows:
#9..
- 106 -

ARTICLE I

DEFINITIONS

1.1 Fire Administrative Services. “Fire Administrative Services” means those services described in Article IV of this Agreement.

1.2 Fiscal Year. “Fiscal Year” means the annual period commencing on July 1 and ending June 30 of any calendar year.

ARTICLE II TERM OF

AGREEMENT

2.1. Initial Term. The initial term of this Agreement shall be for five (5) years and five (5) months from February 1, 2022 through June 30, 2027.

2.2. Extension of Term. This Agreement may, by approval of the Parties and their governing bodies, be extended for one additional two (2) year term; provided, however, that all Parties receive final approval for such extension no later than June 30, 2026. Due to Fiscal Year appropriation and budget planning, June 30, 2026 shall be considered a firm date, unless all the Parties agree in writing to allow a later date for approval by the Parties’ respective governing bodies.

2.3. Termination. Notwithstanding Sections 2.1 and 2.2 and any other provision of this Agreement, either Party may terminate this Agreement by providing twelve (12) months' written notification to the other Party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Written notification of termination shall be in the form of a Resolution by the applicable Party’s governing body. The twelve (12) months’ written notification requirement shall not be triggered until such Resolution is tendered, delivered, or mailed to the other Party. Notwithstanding the foregoing, the City may terminate this Agreement pursuant to Section 5.2 of this Agreement.

ARTICLE III

DUTIES OF CITY UNDER THIS

AGREEMENT

3.1 Scope of Services. City shall provide Fire Administrative Services, as more specifically described in this Article, within the jurisdictional area of SCFPD. In providing such services, City shall oversee the provisions of all SCFPD ordinances, resolutions, and adopted fire codes, building codes and health and safety codes. Throughout the term of the Agreement and as reasonably needed or as requested by SCFPD, City shall consult with SCFPD regarding City's implementation of the provisions of this Agreement.

3.2 Bi-Annual Review of Services. Unless otherwise waived by all the Parties, City agrees to, and shall cooperate in, a bi-annual review of the expectations outlined in this Article, that shall take place at a mutually agreeable time between the Parties. If areas of #9..
- 107 -

improvement are identified in the course of this review, then a reasonable corrective action plan shall be mutually developed and agreed upon. Such corrective action shall be memorialized in a writing signed by all the Parties.

3.3 Advisory Committee. An Advisory Committee, consisting of two representatives from the SCFPD Board, and the City’s Fire Chief and Modesto City Manager, shall be formed to discuss and provide advisory input regarding the delivery of Fire Administrative Services for SCFPD. The Advisory Committee shall agree to meet no less than twice per year at a mutually agreeable time and location.

3.4 Description of Fire Administrative Services to be provided by City. The City shall provide the following fire administrative services to maintain Fire Services for SCFPD:

A. City shall serve as the “Fire Chief” for SCFPD.

B. City shall oversee and administer SCFPD operations including budget, training, personnel, facilities, and all other district operations as directed by the SCFPD Board of Directors.

C. City shall represent SCFPD in public meetings with local, state, and federal officials as needed to enhance and improve the protection of life in SCFPD.

D. Fire Services program planning and administration consistent with the terms and conditions of this Agreement.

E. Assist in the development and administration of annual SCFPD budgets.

F. Assist with emergency and disaster management within the Stanislaus County Emergency Operations Center as timely requested by the SCFPD Board.

G. Coordination of procurement of all routine operational supplies, services, and equipment as necessary to provide the Fire Services outlined in this Agreement.

H. City shall coordinate and provide reasonable assistance to help ensure that fire safety inspections of all state-mandated occupancies and enforcement of weed abatement are performed within SCFPD. City will coordinate with the Stanislaus County Fire Wardens Office at no cost to SCFPD to provide assistance as needed; provided, that sufficient funding continues through the “Less Than Countywide Fire Tax” assessment.

I. Maintenance of sufficient, segregated records relating to provision of Fire Administrative Services to SCFPD, including, but not limited to response time data for all incident responses. At a minimum, such records shall be sufficient to meet any and all federal and state reporting obligations as they relate to the provision of Fire Services, including but not limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous #9..
- 108 -

material response, or other incident responses. Such records, reports and response data shall be provided to SCFPD at their request.

J. Coordinate the planning, development, and delivery of fire prevention and safety education programs for schools, businesses, community associations, child-care providers, and other members of the community. Fire prevention and life safety programs will be tailored to educate SCFPD residents and business community in order to help preserve life and property.

ARTICLE IV

DUTIES OF SCFPD

4.1 Payment for Fire Administrative Services. SCFPD shall compensate City for the provision of Fire Administrative Services as further described in Article V of this Agreement.

ARTICLE V

ANNUAL FIXED FEE FOR FIRE ADMINISTRATIVE

SERVICES

5.1 Annual Fixed Fee for Services. SCFPD agrees to pay City for all services provided pursuant to the terms and conditions of this Agreement in the amounts and times as set forth in Exhibit A and this Article.

A. The Fee Payment Schedule as set forth in Exhibit A is based upon the five (5) year budget projection describing the total reasonably anticipated costs of providing Fire Administrative Services for each Fiscal Year or portion thereof. Should the City realize fiscal benefits through economies of scale if it contracts with additional agencies for fire administrative services, the fee for service paid by SCFPD under this Agreement may be revised. Notwithstanding any other provision of this Agreement, the annual fixed fee does not include those fees and costs not appropriated and reflected in this Agreement, including without limitation, SCFPD Pension Obligation Bond Payments, CalPERS Pension obligations and liabilities, Fire Apparatus Payment(s), Retiree Medical Payments and other liabilities or financial indebtedness.

B. On the last day of each month throughout the duration of this Agreement, SCFPD agrees to remit to City payments amounting to 1/12th of the annual fiscal obligation hereunder, pursuant to the fee schedule set forth in Exhibit A. SCFPD is responsible to pay the full monthly amounts as each are required pursuant to Exhibit A.

C. The Fee Payment Schedule and amounts due under this Agreement shall be pro-rated based upon Agreement execution date.

5.2 Delinquent Payments. In the event that SCFPD fails to pay the entire amount described in Section 5.1.B. above within fifteen (15) calendar days of the due date #9..
- 109 -

(“Delinquent Payment”), the amount due shall be subject to the City’s policy regarding delinquent payments in effect at the time of the Delinquent Payment.

A. In the event that SCFPD does not pay the required monthly payment as identified in Section 5.1.B. within thirty (30) calendar days of the due date, the City shall provide notice that all Fire Services may be terminated in thirty (30) calendar days.

B. In the event that SCFPD does not pay the required monthly payment plus any penalty amounts assessed pursuant to City policy at the end of the thirty (30) calendar day notification period give pursuant to Section 5.2.A, the City shall have the option to terminate Fire Administrative Services immediately and without further notice.

5.3 Service Level Reductions. If budgetary constraints require service level reductions by any Party, all Parties agree to meet and confer.

ARTICLE VI

PERSONNEL

6.1 Hiring of Employees. At the time of execution of this Agreement, all current full-time SCFPD administrative staff will remain employed in their current positions with SCFPD. At any time in the future, if both parties agree it is in the best interest of both agencies to transfer SCFPD administrative staff to the City of Modesto, the following conditions will be met: All SCFPD full-time administrative staff that are in “good standing” will transfer their employment status to City as new employees (each a “New Employee,” and collectively “New Employees”).

A. Prior to being offered positions with City, SCFPD will provide verification that all New Employees completed a background investigation and remain in “good standing” since the completion of the background process.

B. Prior to being offered new positions with the City, New Employees must provide proof they possess a valid California Driver’s license. Employees who fail to provide proof they possess a valid California Driver’s license will not be considered employees in “good standing” and will not be offered employment positions with the City.

6.2 Seniority. Seniority within New Employees will be determined by original SCFPD hire date, pursuant to MCMA MOU and any applicable personnel rules, laws, policies or procedures of the City.

6.3 Rank. It is the desire of the City to offer New Employees positions with the City that closest match their Rank with SCFPD at time of this Agreement.

6.4 Probation. Pursuant to City personnel rules all New Employees will serve a one (1) year probationary period.

6.5 Effect of Termination. Upon the expiration or termination of this Agreement, #9..
- 110 -

it is SCFPD’s present intent to offer employment to City fire department personnel so affected by such termination.

6.6 Subject to Personnel Rules and Laws. Nothing in this Article or Agreement as it pertains to the recruitment, employment, retention, or separation of personnel shall apply to the extent it is in conflict with any applicable personnel rules, laws, policies, procedures, and bargaining agreements or MOUs, including the MCMA MOU.

ARTICLE VII

INDEMNIFICATION AND INSURANCE

7.1 Mutual Indemnification.

A. City shall indemnify, defend and hold harmless SCFPD (including their elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to City’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) of any kind including those involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from the negligent acts or omissions of its own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

B. SCFPD shall indemnify, defend and hold harmless the City (including its elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to SCFPD fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) of any kind including those involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from their negligent acts or omissions of their own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

7.2 Mutual Indemnification Obligations Survive Termination. As to activities occurring or being carried out in performance of this Agreement and during the term of this Agreement, the obligations created by Agreement Section 7.1 shall survive termination of this Agreement.

7.3 Public Liability and Property Insurance.

A. Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of selfinsurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate. #9..
- 111 -

(ii) Auto liability insurance including owned, leased, non-owned, and hired automobiles, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(iii) Workers' Compensation in accordance with California Labor Code Section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the duration of time that such workers are employed.

B. All insurance required by this Agreement shall:
(i) Be placed: (1) with companies admitted to transact insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A:VII; or (2) disclosed selfinsurance with limits acceptable to the other Party. (ii) Provide that each Party's insurance is primary and noncontributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.

C. Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect.

7.4 Workers' Compensation.

A. SCFPD shall provide the City with an endorsement that its Workers’ Compensation insurer waives the right of subrogation against City, its officers, officials, employees, and volunteers for all claims on or after the Effective Date of this Agreement during the tenure of said Agreement.

B. All injuries that occur prior to the execution of this Agreement and all Workers’ Compensation claims that are filed prior to this Agreement shall remain the responsibility of SCFPD. SCFPD’s third-party administrator for the Workers’ Compensation shall provide the City’s third-party administrator for Workers’ Compensation, a list of all active claims of all SCFPD personnel who will become employees of the City, prior to the execution of this Agreement.

ARTICLE VIII

MISCELLANEOUS

8.1 Amendments to Agreement. No part of this Agreement shall be altered or amended without written agreement of the Parties.

8.2 Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of the Parties.

8.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement. #9..
- 112 -

Accordingly, City and SCFPD agree to meet and confer in good faith over any issue not expressly described herein to the end that SCFPD will obtain the best Fire Administrative Services possible under the most favorable economic terms and that City will be fairly and adequately compensated for the services it provides hereunder.

It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to mediate the dispute within thirty (30) calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. No Party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney fees pursuant to California Civil Code Section 1717.

8.4 No Waiver. The waiver of any Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either Party of any monies that become due hereunder shall not be deemed to be a waiver for any preexisting or concurrent breach or violation by the other Party of any provision of this Agreement.

8.5 Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the Parties to it and their representatives, successors and permitted assignees.

8.6 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against any Party, regardless of the degree to which any Party participated in its drafting. Each of the Parties has received the advice of legal counsel prior to signing this Agreement. Each Party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The Parties agree no provision or provisions may be subject to any rules of construction based upon any Party being considered the Party “drafting” this Agreement.

When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall include all subparagraphs and subparts thereof.

8.7 Captions. The captions in this Agreement are for convenience and reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.
#9..
- 113 -

8.8 References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided.

8.9 References to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day.

8.10 Time of Essence. Time is of the essence of this Agreement and of every part of this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

8.11 Severability. If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and such remaining provision shall be enforced as if such invalid or unenforceable provision had not been contained herein.

8.12 Choice of Law and Venue. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Stanislaus County, California.

8.13 Entire Agreement. This Agreement represents the full and entire Agreement between the Parties regarding the matters covered herein.

8.14 Counterparts. This Agreement may be executed in counterparts each of which shall be considered an original.

8.15 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:

Exhibit A: Fee Payment Schedule (FY 2021-2022 – FY 2026-2027)

8.16 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.

To SCFPD:

Greg Bernardi
Board President
3318 Topeka Street
Riverbank, CA 95367
#9..
- 114 -

To City:

Joseph Lopez
Modesto City Manager
1010 10th Street
Modesto, CA 95354

8.17 Joint Defense/Common Interest. In the event of a third-party challenge of any type to this Agreement, the Parties agree to jointly defend the validity and implementation of the Agreement.

8.18 Further Obligations. The Parties recognize that this Agreement cannot represent a complete expression of all issues, which may arise during the performance of this Agreement. Accordingly, the Parties agree to meet and confer in good faith over any issues, challenges, prohibitions, or obligations not expressly described herein to the end that City will be fairly compensated and SCFPD will obtain sufficient fire administrative services. #9..
- 115 -

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and Stanislaus Consolidated Fire Protection District has caused this Agreement to be duly executed in duplicate as of the Effective Date. #9..
- 116 -

EXHIBIT A
Fee Payment Schedule
Fiscal Year 2021-2022
Total Annual Fee
$148,363.15
Monthly Payments:
2/28/22 $29,672.63
3/31/22 $29,672.63
4/30/22 $29,672.63
5/31/22 $29,672.63
6/30/22 $29,672.63
Annual Payment
Total: $148,363.15
#9..
- 117 -

EXHIBIT A
Fee Payment Schedule
Fiscal Year 2022-2023
Total Annual Fee
$371,599.04
Monthly Payments:
7/31/2022 $30,966.58
8/31/2022 $30,966.58
9/30/2022 $30,966.58
10/31/2022 $30,966.58
11/30/2022 $30,966.58
12/31/2022 $30,966.58
1/31/2023 $30,966.58
2/28/2023 $30,966.58
3/31/2023 $30,966.58
4/30/2023 $30,966.58
5/31/2023 $30,966.58
6/30/2023 $30,966.66
Annual Payment
Total: $371,599.04
#9..
- 118 -

EXHIBIT A
Fee Payment Schedule
Fiscal Year 2023-2024
Total Annual Fee
$396,312.54
Monthly Payments:
7/31/2023 $33,026.04
8/31/2023 $33,026.04
9/30/2023 $33,026.04
10/31/2023 $33,026.04
11/30/2023 $33,026.04
12/31/2023 $33,026.04
1/31/2024 $33,026.04
2/29/2024 $33,026.04
3/31/2024 $33,026.04
4/30/2024 $33,026.04
5/31/2024 $33,026.04
6/30/2024 $33,026.10
Annual Payment
Total: $396,312.54
#9..
- 119 -

EXHIBIT A
Fee Payment Schedule
Fiscal Year 2024-2025
Total Annual Fee
$404,986.14
Monthly Payments:
7/31/2024 $33,748.84
8/31/2024 $33,748.84
9/30/2024 $33,748.84
10/31/2024 $33,748.84
11/30/2024 $33,748.84
12/31/2024 $33,748.84
1/31/2025 $33,748.84
2/28/2025 $33,748.84
3/31/2025 $33,748.84
4/30/2025 $33,748.84
5/31/2025 $33,748.84
6/30/2025 $33,748.90
Annual Payment
Total: $404,986.14
#9..
- 120 -

EXHIBIT A
Fee Payment Schedule
Fiscal Year 2025-2026
Total Annual Fee
$413,870.27
Monthly Payments:
7/31/2025 $34,489.18
8/31/2025 $34,489.18
9/30/2025 $34,489.18
10/31/2025 $34,489.18
11/30/2025 $34,489.18
12/31/2025 $34,489.18
1/31/2026 $34,489.18
2/28/2026 $34,489.18
3/31/2026 $34,489.18
4/30/2026 $34,489.18
5/31/2026 $34,489.18
6/30/2026 $34,489.29
Annual Payment
Total: $413,870.27
#9..
- 121 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
TO: Mayor and City Council Date: January 4, 2022
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Oakdale Contract for Fire Service
CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The City of Oakdale (“Oakdale”) and the Oakdale Fire Protection District (“District”) are currently in contract for fire protection services with the City of Modesto (“COM”) that will expire June 30, 2021. COM currently provides the following services within Oakdale’s and District’s respective jurisdictional boundaries: fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue.

In June 2019, by Resolution 2019-270, Council approved an agreement for COM to provide fire protection services to Oakdale and District. Since then, the agencies have noticed great success, subsequently resulting in discussions of extending the agreement. This agreement realizes fiscal efficiencies through contracts for service or consolidations. It also explores new approaches to public safety, as it creates a partnership between neighboring communities to maintain, and potentially increase, a safe environment.

DISCUSSION:

At their December meetings, both the Oakdale Fire Protection District Board and Oakdale City Council unanimously approved the Agreement and affirmed continued collaboration with COM. #10..
- 122 -
City Council, June 25, 2022
Oakdale Contract for Fire Service

The initial term of the Agreement will be for five years, from July 1, 2022 through June 30, 2027.

The Agreement can be extended for one additional two-year term, if all parties agree no later than June 30, 2026. Oakdale and District will continue to compensate COM for all services provided, pursuant to the terms and conditions of the Agreement.

FISCAL IMPACT:

This Agreement positively impacts the General Fund through the economies of scale from regionalization. The total anticipated revenue, over the five year term, is $29,094,750. The total anticipated expenditures is $28,644,750. The total anticipated net revenue is $450,000.

COMMITTEE RECOMMENDATION:

This item was not reviewed at the Committee level and was approved by City Manager to go straight to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibits A - D
#10..
- 123 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT TO PROVIDE FIRE

PROTECTION SERVICES BETWEEN THE CITY OF MODESTO, THE CITY OF OAKDALE AND OAKDALE FIRE PROTECTION DISTRICT FOR A FIVEYEAR TERM, WITH ONE TWO-YEAR EXTENSION OPTION, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the City of Oakdale (“Oakdale”) and the Oakdale Fire Protection District (“District”) are currently in contract for fire protection services with the City of Modesto (“COM”) that will expire June 30, 2021; and
WHEREAS, COM currently provides services within Oakdale’s and District’s jurisdictional boundaries, such as fire protection, prevention, suppression services, emergency medical services and preparedness, mitigation of hazardous materials incidents, confined space rescue, technical rescue and water rescue; and WHEREAS, in June 2019, by Resolution 2019-270, Council approved an agreement for COM to provide fire protection services to Oakdale and District; and WHEREAS, all partnered agencies have noticed great success since the beginning of the contract, subsequently resulting in discussions of extending the agreement; and WHEREAS, both the Oakdale Fire Protection District Board and Oakdale City Council unanimously approved the agreement and affirmed continued collaboration with COM at their December meetings; and
WHEREAS, the initial term of the agreement will be for five years, from July 1, 2022 through June 30, 2027, with the option to extend for one additional two-year term if all parties agree no later than June 30, 2026; and
WHEREAS, Oakdale and District will continue to compensate COM for all services provided, pursuant to the terms and conditions of the agreement; and #10..
- 124 -
2 WHEREAS, this agreement positively impacts the General Fund through the economies of scale from regionalization; and
WHEREAS, the total anticipated revenue, over the five year term, is $29,094,750.

The total anticipated expenditures is $28,644,750. The total anticipated net revenue is $450,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council hereby approves the agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
#10..
- 125 -
3 APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
#10..
- 126 -

AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES BETWEEN THE CITY

OF MODESTO, THE CITY OF OAKDALE, AND THE OAKDALE FIRE

PROTECTION DISTRICT
This Agreement (“Agreement”) is made and entered into this 1st day of July 2022 (the “Effective Date”), by and between the City of Modesto ("City"), a California municipal corporation, the City of Oakdale (“Oakdale”), a California municipal corporation, and the Oakdale Fire Protection District (“District”), a California special district. City, Oakdale, and District are sometimes individually referred to as a “Party” and collectively referred to as the “Parties” in this Agreement.

RECITALS
WHEREAS, City provides fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue, and water rescue within the territorial limits of the City and in unincorporated areas of the County of Stanislaus (“County”); and
WHEREAS, Oakdale and District desire to contract with City for the provision of fire protection services, within Oakdale’s and District’s jurisdictional boundaries; and WHEREAS, City is willing and able to perform fire protection services; and WHEREAS, the Parties desire to enter into a fruitful and long-term partnership for the provision of such fire protection services; and
WHEREAS, the Parties agree that this Agreement will ensure provision of fire protection services within Oakdale and the District; and WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to the services to be provided to Oakdale and District by City; and WHEREAS, this Agreement is entered into pursuant to Government Code sections 54981 and 6502, and Health and Safety Code section 13800 et seq., including, but not limited to, sections 13861, 13862, 13863, and 13878; and
WHEREAS, the Parties acknowledge they have complied with the provisions of the MeyersMilias-Brown Act (Gov. Code §§ 3500 et seq.) and applicable laws, rules, and ordinances with respect to its employees affected by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, it is agreed by and between the Parties hereto as follows:
#10..
- 127 -

ARTICLE I

DEFINITIONS

1.1. Capital Improvements.
"Capital Improvements" means any planned improvements, capital upgrades, or replacements of equipment, vehicles, apparatuses, fire stations and/or other facilities or property, excluding Major Repairs and Minor Repairs.

1.2. Fire Services.
“Fire Services” means those services described in Article IV of this Agreement and listed under Health and Safety Code section 13862.

1.3. Fiscal Year.
“Fiscal Year” means the annual period commencing on July 1 and ending June 30 of any calendar year.

1.4. Major Repair.
$5,000.
“Major Repair” means any unplanned repair or maintenance work in excess of

1.5. Minor Repair.
“Minor Repair” means any repair or maintenance work of a preventive and routine nature due to normal wear and tear for $5,000 or less.

ARTICLE II

TERM OF AGREEMENT

2.1. Initial Term. The initial term of this Agreement shall be for five(5) years from July 1, 2022 through June 30, 2027.

2.2. Extension of Term. This Agreement may, by approval of all Parties and their governing bodies, be extended for one additional two (2) year term; provided, however, that all Parties receive final approval for such extension no later than June 30, 2026. Due to Fiscal Year appropriation and budget planning, June 30, 2026 shall be considered a firm date, unless all the Parties agree in writing to allow a later date for approval by the Parties’ respective governing bodies.

2.3. Termination. Notwithstanding Sections 2.1 and 2.2 and any other provision of this Agreement, any Party may terminate this Agreement by providing twelve (12) months' written notification to the other Parties, and the term of this Agreement or any extension thereof shall be shortened accordingly. Written notification of termination shall be in the form of a Resolution by the applicable Party’s governing body. The twelve (12) months’ written notification requirement shall not be triggered until such Resolution is tendered, delivered, or #10..
- 128 -

mailed to the other Parties. Notwithstanding the foregoing, the City may terminate this Agreement pursuant to Section 6.2 of this Agreement. .

ARTICLE III

OAKDALE AND DISTRICT STATIONS, VEHICLES, AND EQUIPMENT

3.1. Title and Use of Equipment, Vehicles and Apparatuses. Oakdale and District shall maintain ownership and title of vehicles, equipment, and apparatuses, including such property identified in Exhibit A, and shall permit, allow, and does hereby authorize City to utilize such property (and any other such property, vehicles, apparatuses, or equipment so hereafter acquired by Oakdale and District) to provide services to Oakdale and District pursuant to this Agreement, and provide any necessary, required, or reasonably requested local, state, and federal mutual and automatic mutual aid, or statewide master mutual aid and assistance by hire pursuant to the California Fire Assistance Agreement. Each apparatus shall be assigned to the Party’s station that owns the apparatus and equipment. Exception will be for short-term or special need use elsewhere in the City system.

3.2. Title and Use of Stations. Oakdale shall maintain ownership and title of Fire Station 27 (450 S Willowood Drive, Oakdale, California), Fire Station 28 and Fire Station 28 Training Annex (325 E. G Street, Oakdale, California). District shall maintain ownership and title of Fire Station 29 (17700 Main Street, Knights Ferry, California) and Fire Station 30 (13200 Valley Home Road, Valley Home, California). Oakdale and District shall provide the City with full and complete access and full and complete use of Fire Station 27, Fire Station 28 and Fire Station 28 Training Annex, Fire Station 29, and Fire Station 30 (collectively, the “Stations”), as identified in Exhibit B of this Agreement, to the same extent that City would enjoy if it owned such Stations and all the fixtures, equipment, and appurtenances therein.

3.3. Maintenance and Repairs.

A. City shall only bear all actual costs of Minor Repairs of equipment, vehicles, and apparatuses and Stations owned by District and Oakdale, including such property identified in Exhibit A and Exhibit B.

B. Major Repairs shall be promptly paid by the Party with ownership or title of such property. For any third-party products or services needed to effectuate such repairs, the owning Party shall be required to procure and contract the necessary services or products and comply with all laws and rules regarding same. City shall not bear any financial responsibility or liability arising from, or related to, Major Repairs and the owning Party agrees to defend, indemnify, and hold the City harmless from any such liability. In the event that Oakdale or District contracts or otherwise hires a third-party contractor to perform any Major Repairs, Oakdale or District shall require any such third-party contractor to have general liability insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate.

City shall be named as an additional insured on any such coverage #10..
- 129 -

C. Notwithstanding those duties set forth in the preceding paragraph, the City shall serve as project manager for Major Repairs. As project manager, City shall provide cost estimates, plan and coordinate the work, and seek approval from District or Oakdale prior to the commencement of work. City shall facilitate and manage the work through completion and keep District and Oakdale reasonably abreast of any material changes, including without limitation, changes in scope of work, budget, and/or change orders.

D. Should an insurable event result in damage to any property or Stations owned by District or Oakdale, including such property identified in Exhibit A and Exhibit B, the Party with title or ownership of such property shall bear the portion of the actual replacement cost exceeding any insurance proceeds collected by such Party for said damage.

3.4. Inspection of Oakdale and District-Owned Property. City agrees to reasonably inspect all real property, buildings, equipment and apparatuses owned by Oakdale or District, including such property identified in Exhibit A and Exhibit B to ensure they meet the appropriate and applicable fire service and safety standards.

3.5. Capital Improvements.

A. Capital Improvements shall be paid for by the Party with ownership or title of such property. For any third-party products or services needed to effectuate such Capital Improvements, the owning Party shall be required to procure and contract the necessary services or products and comply with all laws and rules regarding same. City shall not bear any financial responsibility or liability arising from, or related to, such Capital Improvements and the owning Party agrees to defend, indemnify, and hold the City harmless from any such liability. In the event that Oakdale or District contracts or otherwise hires a third-party contractor to perform any Capital Improvement, Oakdale or District shall require any such third-party contractor to have general liability insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate. City shall be named as an additional insured on any such coverage.

B. Notwithstanding those duties set forth in the preceding paragraph, the City shall serve as project manager for Capital Improvements. As project manager, City shall provide cost estimates, plan and coordinate the work, and seek approval from District or Oakdale prior to the commencement of work. City shall facilitate and manage the project through completion and keep District and Oakdale reasonably abreast of any material changes, including without limitation, changes in scope of work, budget, and/or change orders.

C. Oakdale and District shall maintain a Capital Improvements program for projects to ensure funds are annually appropriated for the actual costs required to replace, improve, and/or repair their respective facilities, Stations, apparatuses, equipment, and property described herein (e.g. roofs, HVAC systems, exterior/interior paint, etc.). If the City identifies any needed Capital Improvements it must submit them annually to Oakdale and/or District by March 15th, with cost estimates and reasonable supporting documentation, for Oakdale and District’s annual budget development process.

3.6. Return Upon Termination. City will return all equipment, apparatuses, property, and Stations, including such property identified in Exhibit A and Exhibit B, to District and Oakdale upon termination of this Agreement, with reasonable wear and tear expected. #10..
- 130 -

ARTICLE IV

DUTIES OF CITY UNDER THIS AGREEMENT

4.1. Scope of Services. City shall provide Fire Services, as more specifically described in this Article, within the jurisdictional area of Oakdale and District (see Exhibit C for service area map). In providing such services, City shall administer the provisions of Oakdale Municipal Code Chapter 12 entitled “Fire Protection” (“Oakdale Fire Code”) and the most recent modification of the State Fire and Building Code enacted by District. Throughout the term of the Agreement and as reasonably needed or as requested by Oakdale or District, City shall consult with Oakdale or District regarding City's implementation of the provisions of this Agreement.

4.2. Bi-Annual Review of Services. Unless otherwise waived by all the Parties, City agrees to, and shall cooperate in, a bi-annual review of the expectations outlined in this Article, that shall take place at a mutually agreeable time between the Parties. If areas of improvement are identified in the course of this review, then a reasonable corrective action plan shall be mutually developed and agreed upon. Such corrective action shall be memorialized in a writing signed by all the Parties.

4.3. Advisory Committee. An Advisory Committee, consisting of Oakdale City Manager, two representatives from the Oakdale City Council, two representatives from the District Board, and the City’s Fire Chief and Modesto City Manager, shall be formed to discuss and provide advisory input regarding the delivery of Fire Services for Oakdale and District.

The Advisory Committee shall agree to meet no less than twice per year at a mutually agreeable time and location.

4.4. Description of Support and Fire Prevention Services to be provided by City.

The City shall provide the following fire prevention and support services necessary to maintain Fire Services within Oakdale and District:

A. Fire Services program planning and administration consistent with the terms and conditions of this Agreement.

B. Assist in the development and administration of annual Oakdale and District Fire Services budgets.

C. Delivery and documentation of federal and state-mandated firefighter training as well as provision of additional training as authorized and funded within the City’s budget.

D. Assist with emergency and disaster management within the Oakdale Emergency Operations Center as timely requested by the Oakdale City Council.

E. Coordination of procurement of all routine operational supplies, services, and equipment as necessary to provide the Fire Services outlined in this Agreement.

F. When requested by Oakdale and District, provide plan review services of all development and building plans to ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of fire protection and fire alarm systems for compliance with applicable codes and standards. Oakdale and District shall collect fees and #10..
- 131 -

automatically reimburse the City for fire prevention services at rates that are identified in Oakdale’s and District’s fire prevention rate schedule.

G. City shall coordinate and provide reasonable assistance to help ensure that fire safety inspections of all state-mandated occupancies and enforcement of weed abatement within Oakdale and District will be performed by the Stanislaus County Fire Wardens Office at no cost to either Oakdale, District or City; provided, that sufficient funding continues through the “Less Than Countywide Fire Tax” assessment. .

H. Inspections of Business, Commercial and Industrial occupancies. Fees collected by Oakdale and District will be provided to City for providing this service.

I. Investigation of all fires to establish origin and cause as well as coordination with law enforcement on all criminal prosecutions resulting from such investigations. The City may contract for fire investigation services. This service will be provided through the Stanislaus Regional Fire Investigation Unit and will be paid for through the “Less Than Countywide Fire Tax” assessment.

J. Maintenance of sufficient, segregated records relating to provision of Fire Services to Oakdale and District, including, but not limited to response time data for all incident responses. At a minimum, such records shall be sufficient to meet any and all federal and state reporting obligations as they relate to the provision of Fire Services, including but not limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material response, or other incident responses. Such records, reports and response data shall be provided to Oakdale and District at their request.

K. Annual Inspections of the Oakdale Police Department holding cell and the Oakdale Municipal Airport.

L. Enforce the provisions of Chapter 12 of the Oakdale Municipal Code relating to Fireworks (which adopts and amends the California Fire Code) and as that Chapter may be amended in the future. Enforcement of illegal fireworks will not be the responsibility of the City. City will coordinate and reasonably assist with applicable law enforcement agencies on the enforcement.

M. Involved with Site Plan review for new proposed projects ensuring access, water supply and special conditions are included in the design. City shall be involved in General plan updates and input on Specific plan developments. City shall coordinate with Oakdale and District regarding the adoption of the Fire Code and applicable law, including Municipal Code ordinance amendments.

N. Conduct field fire flows for fire protections system design. This is a cost for service reimbursement to the City. Fees received for services delivered will be automatically reimbursed to the City.

O. Coordinate the planning, development, and delivery of fire prevention and safety education programs for schools, businesses, community associations, child-care providers, and other members of the community. Fire prevention and life safety programs will be tailored to educate Oakdale and District residents and business community in order to help preserve life #10..
- 132 -

and property.

P. Participate in, plan, and inspect special events such as the annual Rodeo parade and event, Community fairs (Chocolate Festival), Farmers Market, and other special events.

Q. The City shall not provide weed abatement services, but shall work with District and Oakdale to help identify a weed abatement enforcement program.

R. City will work with Parties to address Hazard mitigation which may include coordinating Community forums to address and reduce the wildland fire threat. Specific area of concern is the Riparian Habitat along the Stanislaus River corridor in the Knights Ferry and City of Oakdale communities. Coordination will be with CalFIRE and other stakeholders.

4.5. Incident Response Within Jurisdictions of Oakdale and District. The following criteria shall apply to incident response within Oakdale and District jurisdictions, including fire suppression, emergency medical response, rescue services, hazardous materials response, and response to any other emergency or non-emergency request for service.

A. Chief Officer Coverage. City shall provide a qualified Shift Battalion Officer, to be immediately available for response and management of emergency incidents as necessary to provide incident command and coordination functions within the jurisdictional boundaries of Oakdale and District, including the authority to commit expenditure of Oakdale and District funds (e.g., request aircraft or specialized equipment or contractors) to mitigate an emergency incident.

B. Staffing. City shall provide, on a twenty-four (24) hour, seven-(7) day per-week basis, one (1) three (3)-member company at Station 27, one (1) three (3)-member company at Station 28, and one (1) three (3)-member company at Station 29. . Fire Stations 28 and 29 shall be staffed with personnel trained and qualified to perform water rescue services.

Additional qualified fire personnel maybe assigned to the Oakdale and District Station(s) as determined by the City Fire Chief or his/her
designee to provide supplemental Fire Services or staffing for special events, anticipated weather events, or other situations within the City’s budget as that budget may be modified from year to year, and operational capacity. Minimum staffing level for District shall be three (3) members per company, and minimum staffing for Oakdale shall be three (3) members per company.

C. Emergency Dispatch Services. Oakdale and District shall continue to contract with and pay the Stanislaus Regional 911 for dispatch services.

D. Major Disaster Response. In the event of a major disaster in Oakdale and/or District, City will provide support to the Oakdale Emergency Operations Center (EOC).

In the event of a multi-jurisdictional emergency or disaster, coordination of fire resources may be performed from the Emergency Operations Center.

E. Statewide Mutual Aid and Assistance by Hire. City may respond to requests for mutual aid or assistance-by-hire by other agencies within the State of California pursuant to the California Statewide Master Mutual Aid Agreement or the California Fire #10..
- 133 -

Assistance Agreement, as approved by the Fire Chief or his or her authorized designee. Oakdale and/or District shall credit or reimburse City for any mutual aid monies it receives relating to City’s use of personnel assigned to Oakdale and/or the District. District and/or Oakdale shall be entitled to reimbursement for apparatuses or vehicles owned by District and/or Oakdale, and City shall not claim any entitlement thereto.

4.6. Miscellaneous.

A. False Fire Alarms. City will enforce the provisions of Chapter 12 of the Oakdale Municipal Code providing for recovery of costs associated with responses to false fire alarms.

B. Hazardous Materials Releases. City will enforce the provisions of Chapter12 of the Oakdale Municipal Code or Modesto Municipal Code providing for recovery of costs associated with responses to releases of hazardous materials.

C. Master Fee Schedules and Cost Recovery.
(i) District. Upon the District’s adoption of an Ordinance for fee and cost recovery, and as it may be amended by the District from time-to-time, the City will administer the District’s fee recovery ordinance for purposes of administering the billing and collection efforts of all such applicable fees. City also reserves the right to seek fee reimbursement for services rendered that are not covered by the District’s fee ordinance or require a level of staffing and/or property that are above and beyond the usual and customary resources required for services. District shall not unreasonably withhold City’s entitlement to such fees on such occasions.
(ii) Oakdale. City will be entitled to fee reimbursement for actual costs for services rendered pursuant to any and all applicable fee schedules or ordinances of Oakdale that provide and allow for such fees. Oakdale shall be responsible for administering the billing and collection efforts of all such applicable fees.

ARTICLE V

DUTIES OF OAKDALE AND DISTRICT

5.1. Payment for Fire Services. Oakdale and District shall compensate City for the provision of Fire Services as further described in Article VI of this Agreement.

5.2. Major Repairs and Capital Improvements. As set forth in Article III of this Agreement, Oakdale and District agree to pay for the cost of Major Repairs and Capital Improvements for all property owned by them, including such property identified in Exhibit A and Exhibit B.

ARTICLE VI

ANNUAL FIXED FEE FOR FIRE PROTECTION SERVICES

6.1. Annual Fixed Fee for Services. Oakdale and District agree to pay City for all services provided pursuant to the terms and conditions of this Agreement in the amounts and times as set forth in Exhibit D and this Article.
#10..
- 134 -

A. The Fee Payment Schedule as set forth in Exhibit D is based upon the five (5) year budget projection describing the total reasonably anticipated costs of providing Fire Services for each Fiscal Year or portion thereof. Should the City and Modesto City Firefighters Association (MCFFA) enter into a new memorandum of understanding or otherwise agree upon additional pay or benefits, Oakdale and District agree to increase their payments as set forth by Exhibit D to cover the additional cost of such pay or benefits. District shall pay thirty-three percent (33%) of the additional cost, Oakdale shall pay sixty-two and one-half percent (62.5%) of the additional cost, and the City shall pay four and one-half percent (4.5%) of the additional cost. Should the City realize fiscal benefits through economies of scale if it contracts with additional agencies for fire services, the fee for service paid by Oakdale and District under this Agreement may be revised. Notwithstanding any other provision of this Agreement, the annual fixed fee does not include those fees and costs not appropriated and reflected in this Agreement, including without limitation, District and/or Oakdale Pension Obligation Bond Payments, Retiree Medical Payments, and assessment collection fees, CalPERS Side Fund, Station 27 Bond Payment, and other liabilities or financial indebtedness.

B. On the last day of each month throughout the duration of this Agreement, Oakdale and District agree to remit to City payments amounting to 1/12th of each of their respective annual fiscal obligation hereunder, pursuant to the fee schedule set forth in Exhibit D.

Oakdale and District are responsible to pay the full monthly amounts as each are required pursuant to Exhibit D.

6.2. Delinquent Payments. In the event that Oakdale or District fails to pay the entire amount described in Section 6.1.B. above within fifteen (15) calendar days of the due date, interest shall accrue to the unpaid balance at an annual equivalent rate equal to the higher of (1) the Prior Year Penalty Factor; or (2) the legal rate of interest on a judgment in the Superior Courts of the State of California, determined from the date the payment was originally due. The Prior Year Penalty Factor shall be the interest rate earned on City’s entire investment portfolio for the preceding Fiscal Year plus two percent (2%). For example, if the rate of return on City’s entire investment portfolio for the preceding Fiscal Year was four percent (4%), the Prior Year Penalty Factor will be six percent (6%).

A. In the event that Oakdale or District does not pay the required monthly payment as identified in Section 6.1.B. within thirty (30) calendar days of the due date, the City shall provide notice that all Fire Services may be terminated in thirty (30) calendar days.

B. In the event that Oakdale or District does not pay the required monthly payment plus interest at the end of the thirty (30) calendar day notification period give pursuant to Section 6.2.A, the City shall have the option to terminate Fire Services immediately and without further notice.

6.3. Service Level Reductions. If budgetary constraints require service level reductions by any Party, all Parties agree to meet and confer. #10..
- 135 -

ARTICLE VII

PERSONNEL

7.1. Effect of Termination. Upon the expiration of this Agreement, it is Oakdale and District’s present intent to offer employment to City fire department personnel so affected by such termination.

7.2. Subject to Personnel Rules and Laws. Nothing in this Article or Agreement as it pertains to the recruitment, employment, retention, or separation of personnel shall apply to the extent it is in conflict with any applicable personnel rules, laws, policies, procedures, and bargaining agreements or MOUs, including the MCFFA MOU.

ARTICLE VIII

INDEMNIFICATION AND INSURANCE

8.1. Mutual Indemnification.

A. City shall indemnify, defend and hold harmless the District and Oakdale (including their elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to City’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from the negligent acts or omissions of its own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

B. District and/or Oakdale shall indemnify, defend and hold harmless the City (including its elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to District and/or Oakdale’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from their negligent acts or omissions of their own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

8.2. Mutual Indemnification Obligations Survive Termination. As to activities occurring or being carried out in performance of this Agreement and during the term of this Agreement, the obligations created by Agreement Section 8.1 shall survive termination of this Agreement.

8.3. Public Liability and Property Insurance.

A. Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum #10..
- 136 -

limits of $2,000,000 per occurrence and $4,000,000 in the aggregate. (ii) City will provide auto liability insurance including owned, leased, non-owned, and hired automobiles, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
(iii) The City shall maintain Workers' Compensation in accordance with California Labor Code Section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the duration of time that such workers are employed. (iv) All risk property insurance, excluding earthquake and flood, on all permanent property of an insurable nature in an amount sufficient to cover at least one hundred percent (100%) of the replacement costs of said property. In any event, Oakdale and District shall maintain property insurance coverage for all the real property and buildings identified in Exhibit B.

B. All insurance required by this Agreement shall:
(i) Be placed: (1) with companies admitted to transact insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A:VII; or (2) disclosed selfinsurance with limits acceptable to the other Party. (ii) Provide that each Party's insurance is primary and non-contributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.

C. Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect.

8.4. Workers' Compensation.

A. City shall provide Oakdale and District an endorsement that its Workers’ Compensation insurer waives the right of subrogation against City, its officers, officials, employees, and volunteers for all claims on or after the Effective Date of this Agreement during the tenure of said Agreement.

B. All injuries that occur prior to the execution of this Agreement and all Workers’ Compensation claims that are filed prior to this Agreement shall remain the responsibility of Oakdale and District. Oakdale’s third-party administrator for the Workers’ Compensation shall provide the City’s third-party administrator for Workers’ Compensation, a list of all active claims of all City of Oakdale personnel who will become employees of the City, prior to the execution of this Agreement.

ARTICLE IX

MISCELLANEOUS

9.1. Amendments to Agreement. No part of this Agreement shall be altered or amended without written agreement of the Parties.
#10..
- 137 -

9.2. Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of all Parties.

9.3. Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement.

Accordingly, City, Oakdale and District agree to meet and confer in good faith over any issue not expressly described herein to the end that Oakdale and District will obtain the best Fire Services possible under the most favorable economic terms and that City will be fairly and adequately compensated for the services it provides hereunder.

It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to mediate the dispute within thirty (30) calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. No Party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney fees pursuant to California Civil Code Section 1717.

9.4. No Waiver. The waiver of any Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either Party of any monies that become due hereunder shall not be deemed to be a waiver for any preexisting or concurrent breach or violation by the other Party of any provision of this Agreement.

9.5. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the Parties to it and their representatives, successors and permitted assignees.

9.6. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against any Party, regardless of the degree to which any Party participated in its drafting. Each of the Parties has received the advice of legal counsel prior to signing this Agreement. Each Party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The Parties agree no provision or provisions may be subject to any rules of construction based upon any Party being considered the Party “drafting” this Agreement.

When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall include all subparagraphs and subparts thereof.

9.7. Captions. The captions in this Agreement are for convenience and reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of #10..
- 138 -

its provisions.

9.8. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided.

9.9. References to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day.

9.10. Time of Essence. Time is of the essence of this Agreement and of every part of this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

9.11. Severability. If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and such remaining provision shall be enforced as if such invalid or unenforceable provision had not been contained herein.

9.12 Choice of Law and Venue. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Stanislaus County, California.

9.13. Entire Agreement. This Agreement represents the full and entire Agreement between the Parties regarding the matters covered herein.

9.14. Counterparts. This Agreement may be executed in counterparts each of which shall be considered an original.

9.15. Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:

Exhibit A: Oakdale and District Apparatuses, Vehicles, and Equipment
Exhibit B: Oakdale and District Stations
Exhibit C: Service Boundaries Map for Oakdale and District Exhibit D: Fee Payment Schedule (FY22/23 – FY26/27)

9.16. Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.
#10..
- 139 -

To Oakdale:

Bryan Whitemyer
Oakdale City Manager
280 N. Third Avenue
Oakdale, CA 95361
To City:

Joseph Lopez
Modesto City Manager
1010 10th Street
Modesto, CA 95354
To District:

Paul Rivera District Board President
P.O. Box 932
Oakdale, CA 95361

9.17. Joint Defense/Common Interest. In the event of a third-party challenge of any type to this Agreement, the Parties agree to jointly defend the validity and implementation of the Agreement.

9.18. Further Obligations. The Parties recognize that this Agreement cannot represent a complete expression of all issues, which may arise during the performance of this Agreement.

Accordingly, the Parties agree to meet and confer in good faith over any issues, challenges, prohibitions, or obligations not expressly described herein to the end that City will be fairly compensated and Oakdale and District will obtain sufficient fire services. #10..
- 140 -

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and Oakdale Fire Protection District and City of Oakdale have caused this Agreement to be duly executed in duplicate as of the Effective Date. #10..
- 141 -

EXHIBIT A
Oakdale and District Apparatus, Vehicles, and Equipment Oakdale

ID NO VIN APPARATUS/VEHICLE
07-01 E-28 4S7AT2C967C056582 ENGINE TYPE 1
06-01 E-27 4S7AT2C987C056583 ENGINE TYPE 1
01-01 B-28 1HTAA1724CHB24573 ENGINE TYPE 3
82-01 B-227 B1HTAA1724CHB24573 ENGINE TYPE 3
02-05 U-28 1FTNW21FX3EB15019 UTILITY VEHICLE FORD EXPEDITION 02-06 U-228 1FMPU16LO2LA40263 UTILITY VEHICLE FORD F250 97-01 U-27 2FTFX28L3VCA54473 UTILITY VEHICLE FORD F250
18-02 BOAT 28 XMO74004F515/05511434 AB INFLATABLE
10-02 BOAT 228 BO25PF010 POLARIS BOAT
21-01 E-28 New Engine 28
District

ID NO VIN APPARATUS/VEHICLE
05-01 E-29 4S7CT2D965CO49328 ENGINE TYPE 1
99-04 E-30 4ENRAAA88X1000380 ENGINE TYPE 1
96-01 B-227 1HTLFUGN3FHA31313 ENGINE TYPE 3
03-03 G-30 1FDAF57PX3ECO3161 ENGINE TYPE 6
02-04 G-29 1FDAF57F63EA10349 ENGINE TYPE 6
14-01 WT-27 2NKHLJ9X5EM417025 KENWORTH WATER TENDER
00-03 R-28 4S7HT8292YCO34227 HI TECH RESCUE
06-02 U-23 1GNEK13T26J119609 UTILITY CHEVY TAHOE
99-01 U-29 1B7HF13Z1XJ620684 UTILTIY DODGE P/U
09-02 BOAT 29 X22PB909/CF5143XC POLARIS BOAT
20-01 E-29 4P1BAAFF7MB023140 New Engine 29
#10..
- 142 -

EXHIBIT B
Oakdale and District Stations
Oakdale:

Fire Station 27 – 450 S. Willowwood Drive, Oakdale, CA
Fire Station 28 – 325 E. G Street, Oakdale, CA
Fire Station 28 Training Annex – 325 E. G Street, Oakdale, CA District:

Fire Station 29 – 1770 Main Street, Knights Ferry, CA
Fire Station 30 – 13200 Valley Home Road, Valley Home, CA #10..
- 143 -

EXHIBIT C
Service Boundaries Map for Oakdale and District
#10..
- 144 -

EXHIBIT D
Fee Payment Schedule
Fiscal Year 2022-2023
Total Annual Fee
$5,629,418.91
OFPD City of Oakdale
$2,111,032.09 $3,518,386.82
Monthly Payments:
7/31/2022 $175,919.34 $293,198.90
8/31/2022 $175,919.34 $293,198.90
9/30/2022 $175,919.34 $293,198.90
10/31/2022 $175,919.34 $293,198.90
11/30/2022 $175,919.34 $293,198.90
12/31/2022 $175,919.34 $293,198.90
1/31/2023 $175,919.34 $293,198.90
2/28/2023 $175,919.34 $293,198.90
3/31/2023 $175,919.34 $293,198.90
4/30/2023 $175,919.34 $293,198.90
5/31/2023 $175,919.34 $293,198.90
6/30/2023 $175,919.35 $293,198.92
Total Annual
Payment: $2,111,032.09 $3,518,386.82
#10..
- 145 -

EXHIBIT D
Fee Payment Schedule
Fiscal Year 2023-2024
Total Annual Fee
$5,688,815.30
OFPD City of Oakdale
$2,133,305.74 $3,555,509.56
Monthly Payments:
7/31/2023 $177,775.48 $296,292.46
8/31/2023 $177,775.48 $296,292.46
9/30/2023 $177,775.48 $296,292.46
10/31/2023 $177,775.48 $296,292.46
11/30/2023 $177,775.48 $296,292.46
12/31/2023 $177,775.48 $296,292.46
1/31/2024 $177,775.48 $296,292.46
2/28/2024 $177,775.48 $296,292.46
3/31/2024 $177,775.48 $296,292.46
4/30/2024 $177,775.48 $296,292.46
5/31/2024 $177,775.48 $296,292.46
6/30/2024 $177,775.46 $296,292.50
Total Annual
Payment: $2,133,305.74 $3,555,509.56
#10..
- 146 -

EXHIBIT D
Fee Payment Schedule
Fiscal Year 2024-2025
Total Annual Fee
$5,850,879.25
OFPD City of Oakdale
$2,194,079.72 $3,656,799.53
Monthly Payments:
7/31/2024 $182,839.98 $304,733.29
8/31/2024 $182,839.98 $304,733.29
9/30/2024 $182,839.98 $304,733.29
10/31/2024 $182,839.98 $304,733.29
11/30/2024 $182,839.98 $304,733.29
12/31/2024 $182,839.98 $304,733.29
1/31/2025 $182,839.98 $304,733.29
2/28/2025 $182,839.98 $304,733.29
3/31/2025 $182,839.98 $304,733.29
4/30/2025 $182,839.98 $304,733.29
5/31/2025 $182,839.98 $304,733.29
6/30/2025 $182,839.94 $304,733.34
Total Annual
Payment: $2,194,079.72 $3,656,799.53
#10..
- 147 -

EXHIBIT D
Fee Payment Schedule
Fiscal Year 2025-2026
Total Annual Fee
$5,924,976.85
OFPD City of Oakdale
$2,221,866.32 $3,703,110.53
Monthly Payments:
7/31/2025 $185,155.53 $308,592.54
8/31/2025 $185,155.53 $308,592.54
9/30/2025 $185,155.53 $308,592.54
10/31/2025 $185,155.53 $308,592.54
11/30/2025 $185,155.53 $308,592.54
12/31/2025 $185,155.53 $308,592.54
1/31/2026 $185,155.53 $308,592.54
2/28/2026 $185,155.53 $308,592.54
3/31/2026 $185,155.53 $308,592.54
4/30/2026 $185,155.53 $308,592.54
5/31/2026 $185,155.53 $308,592.54
6/30/2026 $185,155.49 $308,592.59
Total Annual
Payment: $2,221,866.32 $3,703,110.53
#10..
- 148 -

EXHIBIT D
Fee Payment Schedule
Fiscal Year 2026-2027
Total Annual Fee
$6,000,658.72
OFPD City of Oakdale
$2,250,247.02 $3,750,411.70
Monthly Payments:
7/31/2026 $187,520.58 $312,534.31
8/31/2026 $187,520.58 $312,534.31
9/30/2026 $187,520.58 $312,534.31
10/31/2026 $187,520.58 $312,534.31
11/30/2026 $187,520.58 $312,534.31
12/31/2026 $187,520.58 $312,534.31
1/31/2027 $187,520.58 $312,534.31
2/28/2027 $187,520.58 $312,534.31
3/31/2027 $187,520.58 $312,534.31
4/30/2027 $187,520.58 $312,534.31
5/31/2027 $187,520.58 $312,534.31
6/30/2027 $187,520.64 $312,534.29
Total Annual
Payment: $2,250,247.02 $3,750,411.70
#10..
- 149 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 28, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Subsurface Exploration Services Agreement with Arrow Construction La Loma Sewer Project
CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300. (Funding Source: Wastewater Fund).

STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

A Closed-Circuit Television (CCTV) survey inspection was conducted in 2014 throughout Downtown Modesto to assess and categorize the conditions of numerous sewer main segments within the study area. The La Loma Sewer project is a direct result of this 2014 CCTV study.

Multiple sewer main segments within the La Loma Neighborhood were identified as having deficiencies and deterioration. The La Loma Sewer project will involve the removal and replacement of aging and failing sewer main segments in the La Loma Neighborhood.

As part of the project design, field investigation efforts are necessary such as geotechnical investigation and subsurface exploration (potholing) services. The project location is in a part of Modesto with older infrastructure and narrow streets. Multiple utility agencies have underground infrastructure adjacent to the City’s sewer lines. These include City water, MID electrical and irrigation lines, PG&E gas lines, and communication lines. Due to the proximity of City sewer mains to these existing underground utilities, subsurface explorations (potholing) within the project area is required. Being able to identify the exact horizontal and vertical #11..
- 150 -
City Council, January 25, 2022
Subsurface Exploration Services Agreement with Arrow Construction La Loma Sewer Project

locations of other underground utilities during the design phase, will thereby reduce the potential of change orders during the construction phase.

DISCUSSION:

Subsurface exploration services require the consultant to review raw data, perform calculations, and analyze the resultant information to determine the exact location of underground utilities.

Accordingly, these services are a professional service, with ancillary physical components, similar to land surveying. In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements”, agreements for professional services as defined in Section 8-

3.103 are exempt from the formal bidding process and requirements. However, staff proceeded through a Request for Proposals (RFP) process pursuant to Administrative Directive 3.1.

The RFP was sent to the following three firms:

1. Exaro Technologies Corporation, of Burlingame, CA

2. Nor-Cal Pipelines Services of West, of Sacramento, CA

3. Arrow Construction, of Manteca, CA
The selection committee, consisting of Utilities Engineering staff, evaluated the proposals and determined Arrow Construction, of Manteca, CA to be the most qualified and responsive. Arrow Construction’s proposal cost and scope were reviewed and determined to be reasonable to provide the services and technical information needed for design of the project.

The scope of services to be provided under the agreement includes:
 Coordinate with USA North for utility marking
 Establish utility crossings and distances to parallel utilities  Pothole of exiting utilities and analyze results in order to calculate and record utility type, depth of cover, horizontal distance from three fixed landmarks and asphalt thickness at pothole locations
 Provide pothole log and documentation with results of the potholing and identifying the existing utility type, depth of cover to top of utility, horizontal distance to three fixed landmarks
 Backfilling of the pot holes immediately after purpose has been satisfied and restore surface
 Traffic control
Staff recommends that the City enter into a Professional Services Agreement with Arrow Construction, in an amount not to exceed $143,000, plus $14,300 for additional services (if needed), for a total not to exceed amount of $157,300 to provide the Subsurface Exploration Services for the La Loma Sewer project.

FISCAL IMPACT:

Funding for the design, administration, construction, and contingency has been budgeted in the following Capital Improvement Program account:
100916 – La Loma Sewer
#11..
- 151 -
City Council, January 25, 2022
Subsurface Exploration Services Agreement with Arrow Construction La Loma Sewer Project

ANTICIPATED AGREEMENT EXPENDITURES:

Subsurface Exploration Services Agreement with Arrow Construction $143,000 10% Additional Services (if needed) $14,300
TOTAL $157,300
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the December 6, 2021 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachment:

1. Resolution

2. Agreement with Arrow Construction
#11..
- 152 -
1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH ARROW

CONSTRUCTION, OF MANTECA, CA, FOR SUBSURFACE EXPLORATION (POTHOLING) SERVICES FOR THE LA LOMA SEWER PROJECT IN THE AMOUNT OF $143,000 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $14,300 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $157,300 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, a Closed-Circuit Television (CCTV) survey inspection was conducted in 2014 throughout Downtown Modesto to asses and categorize the conditions of numerous sewer main segments within the study area, and WHEREAS, the La Loma Sewer Project is a direct result of this 2014 CCTV study, in which multiple sewer main segments within the La Loma Neighborhood were identified as having deficiencies and deterioration, and WHEREAS, the La Loma Sewer project will involve the removal and replacement of aging and failing sewer main segments in the La Loma Neighborhood, and
WHEREAS, subsurface exploration (potholing) services as necessary due to the number of existing underground utilities within the project area, and WHEREAS, identifying the exact horizontal and vertical locations of all underground utilities during the design phase, will thereby reduce the potential of change orders during the construction phase of the project, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement, and
#11..
- 153 -
2 2022-XXX
WHEREAS, staff recommends approval of an agreement with Arrow Construction, of Manteca, CA for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with Arrow Construction, Manteca, CA for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000, for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of January, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
#11..
- 154 -
3 2022-XXX
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#11..
- 155 -
-1-

SUBSURFACE EXPLORATION SERVICES AGREEMENT

FOR THE LA LOMA SEWER PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2021, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ARROW CONSTRUCTION, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Subsurface Exploration Services are necessary for the La Loma Sewer Project.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #11..
- 156 -
-2-
performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED FORTY-THREE THOUSAND AND 00/100 DOLLARS ($143,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #11..
- 157 -
-3-
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FOURTEEN THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($14,300). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED FIFTY-SEVEN THOUSAND THREE HUNDRED AND 00/100 DOLLARS ($157,300). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
#11..
- 158 -
-4-
Consultant has represented to City that Richard Silva, Jr, will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
#11..
- 159 -
-5-

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #11..
- 160 -
-6-

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
#11..
- 161 -
-7-
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
#11..
- 162 -
-8-

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Arrow Construction
Address: 1850 Diesel Drive
Sacramento, CA 95838
Attention: Richard Silva, Jr
Phone: (510) 299-5449
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 577-5260
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the #11..
- 163 -
-9-
City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #11..
- 164 -
-10-
and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #11..
- 165 -
-11-
limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #11..
- 166 -
-12-
Termination by City for Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #11..
- 167 -
-13-
subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date. #11..
- 168 -
-14-
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
#11..
- 169 -
-15-

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #11..
- 170 -
-16-
Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
#11..
- 171 -
-17-
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
#11..
- 172 -
-18-
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #11..
- 173 -
-19-

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #11..
- 174 -
-20-
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021- , adopted by the Council of the City of Modesto on the day of , 2021, and ARROW CONSTRUCTION has caused this agreement to be duly executed in duplicate as of the Effective Date. #11..
- 175 -

EXHIBIT A
#11..
- 176 -

EXHIBIT B
#11..
- 177 -

EXHIBIT B
#11..
- 178 -

EXHIBIT B
#11..
- 179 -

EXHIBIT B
#11..
- 180 -

EXHIBIT B
#11..
- 181 -

EXHIBIT B
#11..
- 182 -

EXHIBIT B
#11..
- 183 -

EXHIBIT B
#11..
- 184 -

EXHIBIT B
#11..
- 185 -

EXHIBIT B
#11..
- 186 -

EXHIBIT B
#11..
- 187 -

EXHIBIT B
#11..
- 188 -

EXHIBIT B
#11..
- 189 -

EXHIBIT B
#11..
- 190 -

EXHIBIT B
#11..
- 191 -

EXHIBIT B
#11..
- 192 -

EXHIBIT B
#11..
- 193 -

EXHIBIT B
#11..
- 194 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 25, 2022
Date: December 28, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve Agreement with West Yost Associates
Engineering Services for Well Equipping Design Template CONTACT: Robert Davalos, Senior Civil Engineer, [email protected], 209-571-5869
DESCRIPTION:

Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed for a total not to exceed amount of $77,330 and amending the Fiscal Year 2021/22 Multi-Year Program Budget. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto has completed or is nearing the completion of several new wells including Well 67 at Grogan Park and Wells 68 and 70 in Del Rio. Well 69 in Grayson and Well 71 (Replacement of Well 226) are currently in construction. Staff plans to continue replacing or constructing new wells in an effort to rehabilitate and renew the City’s aging groundwater infrastructure.

To assist with future well projects, staff has explored ways to streamline well equipping design to minimize costs as well as potential changes required during construction. To accomplish this, a well equipping design template is being proposed that will assist staff and consultants on future well projects.
#12..
- 195 -
City Council, January 25, 2022
Approve Agreement with West Yost Associates
Engineering Services for Well Equipping Design Template