Modesto City Council
June 6, 2023

DISCUSSION:

Staff recommends establishing a new agreement with Westlake for the sole source procurement of Accu-Tab Calcium Hypochlorite tablets, PowerPro Chlorination Systems and related equipment. The Accu-Tab chlorination systems are in place at approximately 30 domestic water well sites throughout the City and its outlying systems. The use of any other tablets in an AccuTab feeder will void the warranty from Westlake, void the National Sanitation Foundation (NSF) certification issued to this system, and may also cause inadequate or over-chlorination due to variation in the dilution rate.

Modesto Municipal Code Section 8-3.204 generally requires all purchases which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Due to the fact that Westlake is the original manufacturer for the Accu-Tab CalciumHypochlorite tablets, PowerPro Chlorination Systems, and related equipment, staff recommends that Westlake should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(b).

FISCAL IMPACT:

The current agreement had an average of $64,000 expended annually over the last five years (to date).

YEAR EXPENDED
Contract Year 1 $58,995
Contract Year 2 $58,476
Contract Year 3 $98,784
Contract Year 4 $54,896
Contract Year 5 (year-to-date) $48,125
TOTAL $319,276
Staff estimates annual expenditures will not exceed $125,000 for the first year of the new agreement, and the total five-year amount will not exceed $650,000. This increase in spending from the previous five years is anticipated due to the upcoming addition of four new treatment sites requiring chlorination, as well as two new sites that will be receiving chlorination treatment in the next five years. Also, if California continues to deal with low precipitation or drought conditions over the course of the agreement, the City will rely more heavily on groundwater, which will increase chlorine usage requirements.

Expenses are budgeted in the Water Fund operating budget, Chemical and Lab Supplies account: 4100-45050-52190.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on May 1, 2023, with a recommendation to forward to Council for approval.
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City Council Meeting, June 6, 2023
Award the Sole Source Procurement of Accu-Tab Chlorination Tablets and Systems

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving a Sole Source Agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and Systems, and related equipment for an estimated annual amount of $125,000, and a total not to exceed $650,000 over five (5) years, authorizing the Director of Finance or her designee the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the City Manager or his designee to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

2. Bid Waiver and Sole Source Letter
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06/06/2023/Utilities/JDaniels 1

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A SOLE SOURCE AGREEMENT WITH

WESTLAKE CORPORATION, HOUSTON, TX, FOR THE PROCUREMENT OF

ACCU-TAB CHLORINATION TABLETS AND SYSTEMS, AND RELATED
EQUIPMENT FOR AN ESTIMATED ANNUAL AMOUNT OF $125,000, AND A TOTAL NOT TO EXCEED $650,000 OVER FIVE (5) YEARS, AUTHORIZING

THE DIRECTOR OF FINANCE OR HER DESIGNEE THE ABILITY TO ADD PARTS BASED ON THE DEPARTMENT’S NEEDS, ENSURING THE TOTAL

AMOUNT DOES NOT EXCEED THE AUTHORIZED TOTAL, AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE

THE AGREEMENT
WHEREAS, the Utilities Department, Water Services Division, uses chlorine tablets and systems to treat various water well sites. Chlorination tablets and system services are necessary to ensure the water quality supply for the City’s service areas and to meet all compliance requirements set forth by the California State Water Resources Control Board, which requires well water to be chlorinated, and WHEREAS, on October 23, 2012, by Council Resolution 2012-423, Council authorized the award of sole source procurement for the purchase and delivery of AccuTab Calcium Hypochlorite tablets, PowerPro Chlorination Systems and related equipment to Pittsburgh Plate Glass Industries (“PPG”), and in January 2013, PPG merged with Georgia Gulf Corporation to become Axiall Corporation (“Axiall”); however, all other terms and conditions of the agreement remained the same, and WHEREAS, on June 6, 2017, by Council Resolution 2017-212, Council authorized the award of sole source procurement for the purchase and delivery of AccuTab Calcium Hypochlorite tablets, PowerPro Chlorination Systems and related equipment to Axiall, and in September 2022, Axiall merged with Westlake Corporation (“Westlake”), Houston, TX, and
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WHEREAS, the Accu-Tab chlorination systems are in place at approximately 30 domestic water well sites throughout the City and its outlying systems, and the use of any other tablets in an Accu-Tab feeder will void the warranty from Westlake, void the National Sanitation Foundation (NSF) certification issued to this system, and may also cause inadequate or over-chlorination due to variation in the dilution rate, and WHEREAS, staff recommends establishing a new agreement with Westlake for the sole source procurement of Accu-Tab Calcium Hypochlorite tablets, PowerPro Chlorination Systems and related equipment, and
WHEREAS, the Modesto Municipal Code Section 8-3.203 generally requires all purchases more than fifty thousand dollars to follow formal bidding procedures.

However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process, and
WHEREAS, Westlake is the original manufacturer for the Accu-Tab CalciumHypochlorite tablets, PowerPro Chlorination Systems, and related equipment, staff recommends that Westlake should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(b).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the a sole source agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and Systems, and related equipment for an estimated annual amount of $125,000, and a total not to exceed $650,000 over five (5) years, authorizing the Director of Finance or her designee the #21..
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06/06/2023/Utilities/JDaniels 3
ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total.

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. #21..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 6th day of June, 2023, 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: _____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 1 of 23 WESTLAKE CHEMICALS & VINYLS LLC – CITY OF MODESTO, STATE OF

CALIFORNIA
ACCU-TAB Sales Agreement
THIS AGREEMENT (the “Agreement”) is made betweenWestlake Chemicals & Vinyls, LLC, which is a Delaware limited liability company having its principal offices and place of business at 2801 Post Oak Blvd., Houston, Texas 77056 (“Seller”) and City of Modesto, State of California, (“Buyer”), a municipal corporation of the State of California, with a principal office and place of business at PO Box 642 Modesto, CA 95353. This Agreement shall be effective as of July 1, 2023 (the “Effective Date”). Buyer and Seller are each a “Party” and collectively the “Parties”.

Intending to be legally bound, Seller and Buyer agree as follows:

1.0 Sale and Purchase. Seller will sell, transfer and deliver and Buyer will purchase, accept and pay for the products specified, at the prices, in the quantities, for the period and upon the terms and conditions hereinafter stated.

2.0 Products and Quality. The products to be sold and purchased pursuant to this Agreement are Calcium Hypochlorite 68%, Accu-Tab SI Tablets, referred to as “TABLETS” and Chemical Feed Equipment, Accuand Tab Chlorination Systems, collectively referred to as “SYSTEMS”(unless otherwise indicated, referred to individually and collectively as the “Product”), conforming to the specifications set forth in attached Exhibit A (the “Specifications”). The Specifications for the Product, as well as the grade of the Product, may be changed at any time during the term of this Agreement only upon the mutual written agreement of the Parties.

3.0 Term. This Agreement shall be for a term of sixty (60) calendar months beginning on the Effective Date and continuing until June 30, 2028 (the “Initial Term”). As used herein, “Contract Year” means a consecutive twelve (12) calendar month period beginning on July 1, 2023 and end on June 30, 2024. To the extent necessary under this Agreement, should any time period during the term not be included as part of a full Contract Year, the Parties’ obligations hereunder during that time period shall be prorated accordingly. The Initial Term and any subsequent renewal term herein may be sometimes collectively referred to as the “term”.

4.0 Quantities.

4.1 Requirements. Seller shall sell to Buyer and Buyer shall purchase from Seller during each Contract Year of this Agreement, at a minimum, the percentages of Buyer’s total requirements of the Product set forth below for each of Buyer’s below specified facilities. The annual total requirements for each facility hereunder are estimated to be as follows:

Products
Buyer’s Facility
Minimum Purchase
Requirement % to be
Purchased by Buyer from Seller
Estimated Quantities per
Contract Year to be Purchased
by Buyer from Seller
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 2 of 23 Accu-Tab SI City of Modesto
4240 Litt Rd.

Modesto, CA
95357
100% 13 tons (26,000 lb.)
Tablets 60 lb. Pail
Accu-Tab City of Modesto
4240 Litt Rd.

Modesto, CA
95357
100% As needed
Chlorination
System

4.1.1 Unless otherwise mutually agreed in writing by the Parties, Buyer shall purchase and accept the Product in reasonably uniform monthly quantities and per a monthly delivery schedule for each specified facility to be agreed upon by Seller and Buyer from time-totime. For avoidance of doubt and subject to the Force Majeure provisions in this Agreement, Seller shall not be obligated to sell and deliver hereunder during any calendar month more than one-twelfth (1/12th) of the Contract Year maximum specified below in Section 4.1.4.

4.1.2 Without Seller’s prior written consent, Buyer will not reduce its requirements hereunder for the Product by using a substitute grade or commodity for the Product.

4.1.3 If Buyer’s actual purchases hereunder are consistently less than eighty-five percent (85%) of Buyer’s estimated quantities for the Product for any single location, then Seller may initiate a renegotiation of the price structure under this Agreement for that Product by providing written notice to Buyer. Upon the serving of such notice, the Parties shall undertake promptly and in good faith to determine, what, if any, revision of the price structure is appropriate. If such negotiations do not result in agreement within sixty (60) days after the notice is served, Seller may, at its option and by written notice to Buyer within thirty (30) days thereafter, terminate this Agreement as to the applicable Product or all Product effective thirty (30) days from the date of the termination notice.

4.1.4 Maximum Sales Obligation. Unless otherwise agreed to in writing by Seller, Seller’s maximum Product sales obligation hereunder during each Contract Year of this Agreement for each facility specified above in Section 4.1 is 40 tons; provided, however, if Buyer’s actual purchases hereunder are consistently less than Buyer’s estimated quantities for a Product for each facility, then Seller upon written notice to Buyer may reduce Seller’s maximum sales obligation hereunder for the remaining term of this Agreement for the applicable Product to more closely reflect the actual quantities then being purchased by Buyer of that Product (any such written notice from Seller will specify Seller’s reduced annual Contract Year maximum). In the event Buyer reasonably anticipates the minimum percentage requirements specified above will generate a quantity for the Product for a Contract Year which is more than Seller’s maximum sales obligation specified above for the applicable Product, Buyer shall notify Seller of such excess requirement as to which Seller shall have a first right of refusal. Within thirty (30) days of Seller’s receipt of Buyer’s notice, Seller, at its option, shall notify Buyer that either Seller will supply such excess requirements under this Agreement or that Buyer is free to purchase such excess requirements elsewhere for that Contract Year.

4.1.5 Notwithstanding anything above or any prior course of dealing between Buyer and Seller, Buyer shall not be required to purchase any fixed minimum or estimated quantity of a Product for which it has no actual need during the term of this Agreement. #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 3 of 23

4.2 Annual Quantity Notification. Subject to Buyer’s minimum purchase obligation and Seller’s maximum sales obligation specified herein, on or before April 1, 2023, and on or before each April 1 occurring thereafter during this Agreement, Buyer, for planning purposes only, shall give Seller a written forecast of Buyer’s estimated requirements for each Product for the calendar year next following such notification date.

5.0 Price and Payment.

5.1 Base Price. Buyer shall pay to Seller for all quantities of the Tablets and Systems sold and delivered hereunder at the base prices (the “Base Price(s)”) listed in Exhibit B, as adjusted in accordance with Section 5.1.1 below, and upon the trade terms, CPT Incoterms® 2010, set forth below:

Buyer’s
Facility
Product
Base
Price/Lb.

Seller’s
Shipping
Point
Freight
Disposition
Trade Terms
(Incoterms®
2010)
Mode of
Transportation
City of Accu-Tab $2.55/lb. Westlake Prepaid and CPT Buyer’s Truck Modesto SI Tablets Warehouse Absorbed on 4 Facility
4240 Litt Rd.

Modesto,
CA 95357
60 lb. pail pallet minimum
orders

5.1.1 Price Adjustment. The Base Price(s) may be changed by Seller as of the first day of any new contract year (July 1) by no more than 5% on Accu-Tab SI Tablets (TABLETS) and no more than 10% on Accu-Tab Chlorination Systems (SYSTEMS) (including pumps and parts) by giving Buyer notice, in writing, of such change at least sixty (60) days prior to the effective date thereof as listed in Exhibit B.

5.1.2 Government Restriction on Prices Seller shall have the right to terminate this Agreement upon sixty (60) days’ notice to Buyer in the event Seller desires to revise the price or prices pursuant to this Section 5.0, but is restricted to any extent against so doing by reason of any law, decree, order or regulation of government or in the event the price or prices currently effective hereunder are deemed to be in excess of those allowed under any law, decree, order or regulation of government

5.1.3 Temporary Voluntary Allowances and Price Reductions. Notwithstanding the foregoing, Seller may, from time-to-time, institute or remove a temporary voluntary allowance or other competitive allowance, or price reduction with notice to Buyer. Such allowance or reduction shall not be deemed to be a permanent change or amendment of the Base Price and may be revoked by Seller at any time.

5.1.4 Logistical Costs. In addition to the Base Prices, Seller may invoice Buyer for any actual cost increase incurred by Seller in logistical costs (e.g. transportation costs, freight costs or carrier fuel charges) on deliveries hereunder from those logistical costs included as part of the then Base Prices.

5.1.5 Transportation Surcharge. Nothing in this Agreement shall preclude the Parties hereto from negotiating a mutually acceptable surcharge for future transportation costs and expenses relating to the transportation of the Product to Buyer pursuant to this Agreement.

5.2 Terms of Payment. Invoices will be issued on the date of shipment, and terms of payment will be net cash (in United States dollars) within sixty (60) days from the date of Seller’s invoice. Payment terms shall be subject to continued credit worthiness/financial condition evaluation; if credit terms #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 4 of 23 are not satisfied or credit/financial conditions become materially impaired, in Seller’s reasonable opinion, Seller may change the terms including, without limitation, the right to change the payment terms for any further shipments to “cash in advance” or “cash on delivery” as Seller may determine to be appropriate in its sole and exclusive discretion. Seller, at its sole election, may add a surcharge from one percent (1%) up to the maximum legally allowable interest rate for late payment of any invoice not made by the required due date.

5.3 Change in Payment Terms in Event of Adverse Financial Conditions or Bankruptcy. Without limiting the provisions of Section 5.2 above, in the event that: (a) one or more events occur which, in Seller’s sole discretion, adversely affect Buyer’s financial condition; or (b) Buyer files a voluntary petition for relief under Title 11 of the United States Code (the “Bankruptcy Code”) or any similar law, or has an involuntary petition for such relief filed against it which is not dismissed within thirty (30) days, Seller shall have the right to change the payment terms of any further shipments to “cash in advance,” or “cash on delivery,” or such other terms as Seller may determine to be appropriate in its sole and exclusive discretion.

5.4 Security Interest. As security for the performance of all of Buyer’s obligations under this Agreement, and any other agreement between the Parties, Buyer hereby grants to Seller a security interest under the Uniform Commercial Code in all inventory and goods sold by Seller to Buyer, including without limitation all goods in transit from Seller to Buyer, and all monies owed by Seller to Buyer in Seller’s possession, including, without limitation, any monies due for goods purchased by Seller from Buyer under any other contract or agreement between them, and any rebates or other customer incentives coming due and owing by Seller to Buyer under the terms of this Agreement or any other agreement. To the extent that Seller determines in its sole discretion that it is desirable to do so, Buyer hereby authorizes Seller to execute on its behalf and file it in all appropriate governmental offices such UCC-1 Financing Statements (or similar filings in foreign jurisdictions) as may be deemed necessary and appropriate by Seller to perfect such security interest.

6.0 Title and Delivery. Unless otherwise mutually agreed to in writing by the Parties, the Product shall be delivered, and title and ownership of the Product shall transfer and pass to Buyer upon delivery of the Product to Buyer at Buyer’s facility. Risk of loss of the Product and terms of carriage and related obligations of Seller and Buyer shall be per and as defined in the transportation trade term (Incoterms® 2010) specified in Section 5.1 hereof. No reconsignment of transportation equipment owned, furnished or controlled by Seller shall be made and same shall be immediately returned to Seller after the Product has been removed therefrom in as good condition as received, reasonable wear and tear excepted.

Demurrage or extra detention charges on such equipment of Seller are for Buyer’s account in accordance with Seller’s then standard policies with respect to allowed Free Time and detention charges.

6.1 Conditions Precedent to Deliveries in Event of Adverse Financial Conditions or Bankruptcy. In the event that: (a) one or more events occur which, in Seller’s sole discretion, adversely affect Buyer’s financial condition; or (b) Buyer files a voluntary petition for relief under the Bankruptcy Code or any similar law, or has an involuntary petition for such relief filed against it which is not dismissed within thirty (30) days, Seller, in its sole and exclusive discretion, shall have the right to stop any shipments of the Product or any other goods then in transit to Buyer, and thereby exercise an immediate right of possession thereto.

7.0 Sell er’ s Rig h t t o Setoff. In the event that Buyer files a voluntary petition for relief under Title 11 of the Bankruptcy Code or any similar law, or has an involuntary petition for such relief filed against it which is not dismissed within thirty (30) days, Seller, in its sole and exclusive discretion, shall have the right to institute an administrative freeze on the payment of any sums due and owing from Seller to Buyer under any agreement between the Parties, and Buyer hereby consents to relief from the automatic stay being granted to Seller under Bankruptcy Code Section 362(d) or any similar law, on the filing of any appropriate motion, to effect setoff of any sums due and owing from Seller to Buyer against any sums due and owing from Buyer to Seller.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 5 of 23

8.0 Executory Contract. Buyer and Seller each hereby agree that there are ongoing material obligations owed by each to the other under this Agreement, other than the right to payment, such that the Agreement is an “executory contract” within the contemplation of Section 365 of the Bankruptcy Code.

9.0 Confidentiality. Any information disclosed or provided by one Party hereto to the other under and in connection with this Agreement and marked as being confidential, and in any event the pricing, forecasts and terms and conditions of this Agreement, all shall be confidential, shall be used only for purposes of this Agreement and shall not be disclosed by a Party hereto to any third party without the prior written consent of the other Party, except (i) as required by law, governmental regulation, court order or similar legal process, or applicable stock exchange rules and regulations, provided the Party seeking to disclose notifies the other Party of the requirement to disclose and reasonably cooperates with the other Party to limit the disclosure, (ii) to the extent such matter or information is or becomes publicly known other than by disclosure to the Party seeking to disclose, (iii) to the extent such information is independently developed without resort to the disclosed information, or (iv) to the extent such matter or information has been lawfully received by the Party seeking to disclose from a third party who has not breached a contractual, legal or fiduciary duty of nondisclosure with respect to such matter or information. The obligations set forth in this Section 9.0 shall continue during the term of this Agreement and for two (2) calendar years thereafter.

10.0 Hardship. If, during the term of this Agreement, either Party hereto experiences a Hardship (as defined below), the affected Party may initiate a renegotiation of the price structure under this Agreement by providing written notice to the other stating the grounds upon which the price adjustment is required. Upon the serving of any such notice, the Parties shall undertake promptly and in good faith to determine, what, if any, revision of the price structure is appropriate. If such negotiations do not result in agreement within sixty (60) days after the notice is served, the Party which served the notice may, at its option and by written notice to the other Party within thirty (30) days thereafter, terminate this Agreement effective thirty (30) days from the date of the termination notice. As used herein, the term “Hardship” shall mean any substantial change in the conditions surrounding this Agreement which change: (i) is or might be reasonably likely to result in a material hardship to either Party with respect to this Agreement; and (ii) was not intended or reasonably anticipated by the affected Party when entering into this Agreement – for example, where the enactment, promulgation or requirement of any governmental law or regulation and/or judicial or administrative order requires Seller or Buyer to invest capital with respect to the production or use of one of the Products and without revision of the price structure, there would be no corresponding economic benefit generated by the investment to substantially offset its financial impact on that Party or, for another example, where the costs of raw materials or energy for the production of the Product deviates significantly from historic costs therefor. By way of example, and without limitation, an increase of US$50 or more in Seller’s cost to produce one ECU constitutes a Hardship.

11.0 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original notwithstanding that all of the Parties’ signatures do not appear on the same page, and all of which taken together will constitute one single agreement between the Parties.

12.0 General Terms. The attached General Terms for Sales Agreement and the Exhibits form an integral part of this Agreement as if recited at length over the signatures hereto affixed.

Each Party is signing this Agreement as of the Effective Date.

Westlake Chemicals & Vinyls, LLC
(“Seller”)
City of Modesto, State of California
(“Buyer”)
By: By:

Name (Print): Name (Print):

Title: Title:
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 6 of 23

GENERAL TERMS FOR

SALES AGREEMENT FOR WESTLAKE CHEMICALS & VINYLS, LLC

1.0 Default/Termination: Each delivery under this Agreement is a separate transaction, without reference to any other shipment. If either Party is in default with respect to any of the terms or conditions of this Agreement including, without limitation, Buyer’s failure to pay any invoice in accordance with the terms of this Agreement, the other Party may, at its option, defer further performance until the default is remedied, and, without prejudice to any other legal remedy, may terminate this Agreement if the default is not remedied within twenty (20) (five (5) for nonpayment of invoices) working days after written notice is provided to the Party in default, specifying the thing or matter in default. Any termination of this Agreement shall not release either Party from any liability or obligation which has already accrued at the effective time of termination, nor affect in any way the survival of any right, duty or obligation of either Party which is expressly stated in this Agreement to survive termination of this Agreement. The provisions of this Section shall survive any termination or expiration of this Agreement.

2.0 TABLETS AND SYSTEMS Warranty and Limitation of Remedy:

2.1 All claims relating to quality, quantity, weight, condition and loss of or damage to the TABLETS contained in any delivery will be waived by Buyer unless made in writing to Seller within thirty (30) days after the earlier to occur of either: (1) tender of delivery to, and refusal to accept delivery by Buyer; or (2) acceptance of delivery by Buyer; or (3) the dates specified for delivery.

2.2 Any technical information or assistance that Seller gives Buyer is provided at Buyer’s risk and is not a warranty or specification. Except as stated in Section 4.0 hereof titled “Patents,” Seller warrants only its title to the Product and that the TABLETS shall conform to the Specifications expressly referred to in the Agreement, or if no Specifications are referred to, Seller’s thencurrent, standard, written specifications for the TABLETS, at the time of shipment of the TABLETS (the “Specifications”). THESE ARE THE ONLY REPRESENTATIONS OR WARRANTIES

SELLER MAKES IN REGARDS TO THE TABLETS AND ALL OTHER EXPRESS OR IMPLIED

WARRANTIES, UNDER STATUTE OR ARISING OTHERWISE IN LAW FROM A COURSE OF

DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED

WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE DISCLAIMED BY SELLER. IN THE EVENT ANY OF THE TABLETS FAIL TO CONFORM TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 2.2 SELLER’S EXCLUSIVE OBLIGATION AND BUYER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO, AT SELLER’S OPTION: REPLACEMENT OF THE NONCONFORMING PRODUCT AT SELLER’S

EXPENSE, OR A REFUND OF THE PURCHASE PRICE ATTRIBUTABLE TO A SPECIFIC

DELIVERY AS TO WHICH A CLAIM IS MADE AND TRANSPORTATION COSTS FOR SUCH SPECIFIC DELIVERY. EXCEPT AS PROVIDED IN THE IMMEDIATELY PRECEDING

SENTENCE, IN NO EVENT WILL SELLER BE LIABLE UNDER ANY THEORY OF RECOVERY (WHETHER BASED ON NEGLIGENCE OF ANY KIND, STRICT LIABILITY, TORT OF ANY

KIND, CONTRACT OR WARRANTY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO, ARISING FROM OR

RESULTING FROM THE DELIVERY OF THE TABLETS BY THE CARRIER HEREUNDER, OR

ANY USE MADE OF THE TABLETS, OR ANY SERVICES PROVIDED BY SELLER WHICH ARE

RELATED TO THE TABLETS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2.3 SELLER’s SYSTEMS WARRANTY OBLIGATIONS ARE SET FORTH IN EXHIBITS A and B AND ARE INCORPORATED BY REFERENCE HEREIN. THESE ARE THE ONLY

REPRESENTATIONS OR WARRANTIES SELLER MAKES IN REGARDS TO THE SYSTEMSS

AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, UNDER STATUTE OR ARISING

OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING

WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE DISCLAIMED BY SELLER. #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 7 of 23

2.4 RECOMMENDATION OF SELLER FOR USE OF THE PRODUCT IS BASED UPON TESTS

BELIEVED TO BE RELIABLE, BUT SELLER MAKES NO WARRANTY OF THE RESULTS TO BE OBTAINED. BUYER ASSUMES ALL RESPONSIBILITY AND RISK AND LIABILITY ARISING FROM: (1) THE LOADING, TRANSPORTATION, UNLOADING, DISCHARGE, STORAGE,

HANDLING AND USE OF THE PRODUCT, INCLUDING USE THEREOF ALONE OR IN COMBINATION WITH OTHER SUBSTANCES; (2) THE IMPROPER FUNCTIONING OR

FAILURE OF LOADING, UNLOADING, DISCHARGE, TRANSPORTATION OR STORAGE SYSTEMS EQUIPMENT USED BY BUYER OR ANY OF BUYER’S EMPLOYEES, AGENTS,

CONTRACTORS, SUBCONTRACTORS, THIRD-PARTY SERVICE PROVIDERS OR REPRESENTATIVES, WHETHER FURNISHED OR RECOMMENDED BY SELLER OR NOT; AND, (3) THE FAILURE BY BUYER OR ANY OF BUYER’S EMPLOYEES, AGENTS,

CONTRACTORS, SUBCONTRACTORS, THIRD-PARTY SERVICE PROVIDERS OR

REPRESENTATIVES TO COMPLY WITH FEDERAL, STATE AND MUNICIPAL LAWS, RULES,

AND REGULATIONS GOVERNING UNLOADING, DISCHARGE, STORAGE, HANDLING AND USE OF THE PRODUCT. .

2.5 EXCEPT TO THE EXTENT OF THE BUYER’S NEGLIGENT ACTS OR OMISSIONS AND SUBJECT TO SELLER’S WARRANTY OBLIGATIONS AND THE BUYER’S WARRANTY REMEDIES SET FORTH IN THIS SECTION 2 ABOVE, THE SELLER SHALL HOLD THE

BUYER, 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 OUT OF ANY NEGLIGENT ACT OF

SELLER, OR ITS AGENTS, OFFICERS, EMPLOYEES, RELATING TO OR DURING THE

PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT PRIOR TO THE TABLETS TITLE AND RISK OF LOSS TRANSFERRED TO THE BUYER.

LIKEWISE, EXCEPT TO THE EXTENT OF THE SELLER’S NEGLIGENT ACTS OR

OMISSIONS, THE BUYER SHALL HOLD THE SELLER, 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 OUT OF ANY NEGLIGENT ACT OF BUYER, OR ITS AGENTS, OFFICERS,

EMPLOYEES, RELATING TO OR DURING THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT AFTER TO THE TABLETS’ TITLE AND RISK OF LOSS TRANSFERRED TO THE BUYER.

3.0 Force Majeure: Seller’s failure or inability to make, or Buyer’s failure or inability to take, any delivery or deliveries when due, or the failure or inability of either Party to timely perform any other obligation required of it under this Agreement, other than the payment of money, if caused by “Force Majeure,” as hereinafter defined, shall not constitute a default of this Agreement or subject the Party affected by Force Majeure to any liability to the other; provided that the Party so affected promptly notifies the other of the existence of the Force Majeure, its expected duration and the anticipated effect of the Force Majeure on its ability to perform its obligations under this Agreement. The Party who has been unable to perform shall promptly notify the other Party when the Force Majeure circumstance no longer affects its ability to perform its obligations hereunder. The quantity of Product to be delivered shall be reduced by that quantity not delivered as a result of the Force Majeure circumstance, unless both Parties agree that the total quantity to be delivered under this Agreement should remain unchanged. For so long as Seller’s ability to perform is affected by the Force Majeure circumstances: (i) Seller may, at its option, elect to allocate its total production of the Product among its various internal (if any) and/or external requirements for the Product (e.g., manufacturing and sales) in Seller’s sole discretion; and (ii) Buyer may obtain the quantities of Product which Seller is unable to deliver from another source without any obligation to Seller. During the time that Seller is unable to make deliveries or otherwise perform, it shall not be obligated to procure, or to use any efforts to procure, any quantity of the Product to be sold to Buyer under this Agreement from #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 8 of 23 any alternate producer or supplier. As used herein, the term “Force Majeure” means any act of God, nature or the public enemy, accident, explosion, fire, flood, drought, perils of the sea, strikes, lockouts, labor disputes, riots, sabotage, embargo, war (whether or not declared and whether or not the United States is a participant), terrorist attacks and threats of terrorist attacks, federal, state or municipal legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain, raw materials, supplies, equipment, fuel, power, labor, or other operational necessity (including, without limitation, the inability to produce the Product due to the unavailability or shortage of or interruption in the shipping or transportation of a co-product or necessary ingredient/material) interruption or curtailment of power supply, or any other circumstance of a similar or different nature which is beyond the reasonable control of the affected Party. A Party is not required to resolve labor disputes or disputes with suppliers of raw materials, supplies, equipment, fuel or power, or seek alternate sources thereof except in accordance with such Party’s business judgment as to its best interest. Further and for avoidance of doubt, Seller shall not be required to repair and/or rebuild its production facilities for the Product or facilities related thereto that may be materially damaged or destroyed. In the event a Force Majeure circumstance affects either Party’s performance under this Agreement for at least ninety (90) consecutive days, the Party who is able to perform may terminate this Agreement upon written notice to the affected Party.

4.0 Patents:

4.1 Seller warrants that the Product shall be delivered free of the rightful claim of any third person for infringement of any U.S. patent covering the manufacture of the Product. Seller does not warrant against infringement by, and assumes no responsibility by reason of, the use of the Product in combination with other materials or apparatus or in the operation of any process or apparatus or in any other manner or for any purpose whether or not specified by or disclosed to the Seller.

Purchase of the Product does not grant any license, immunity or any other right to Buyer under any of Seller’s patents or other intellectual property rights relating to the use of the Product in combination with other materials or apparatus or in the operation of any process or apparatus.

4.2 In the event of the commencement of any suit or proceeding against Buyer for infringement covered by the above warranty of Seller, Seller will indemnify, hold harmless and defend Buyer against direct damages including court costs and reasonable attorneys’ fees incidental thereto, provided Buyer: notifies Seller promptly (but no later than five (5) business days after Buyer receives notice of any such suit or proceeding), in writing, of the commencement of such suit or proceeding; allows Seller to take sole control of the defense of such suit or proceeding in Buyer’s name; renders to Seller, at Seller’s cost, all reasonable assistance for the defense or settlement thereof; and, does not settle or compromise any such suit or proceeding without the prior written consent of Seller. Buyer will have the right to be represented in the defense thereof by counsel of its own selection and at its own expense.

4.3 Except as expressly set forth in Section 4.2 immediately preceding, Buyer will indemnify, hold harmless and defend Seller from and against any claim, suit, damage, cost, expense, fine, liability or cause of action whatsoever, including reasonable attorneys’ fees, on account of, relating to, or arising out of any claimed infringement of the rights of any third party due to the use of the Product by Buyer, or any toll producer of Buyer, or the use, distribution or sale of any product made therefrom.

5.0 No Liens: Buyer hereby represents, warrants, covenants and agrees that it shall neither permit nor suffer any liens or other security interests to be filed against or attach to the Product shipments or any other goods sold to Buyer until Buyer has paid Seller for them in full. Seller reserves the right to condition any and all sales of goods to Buyer upon a waiver of liens on same by any of Buyer’s secured creditors with record liens against Buyer’s assets. In the event that a petition for relief under the Bankruptcy Code is filed by or against the Buyer, Buyer acknowledges Seller’s right of reclamation with respect to any goods delivered to Buyer within forty-five (45) days prior to the filing of such bankruptcy petition, and hereby waives the right to assert as a defense to Seller’s reclamation claims that any of Buyer’s secured creditors have a lien on such goods.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 9 of 23

6.0 Taxes: Any tax, or other governmental charge, or increase in any such tax or governmental charge, including but not limited any Superfund Tax, on the production, sale and/or shipment of the Product sold by Seller or Seller’s affiliate under this Agreement (other than taxes based upon Seller’s net income), or entering into the costs thereof, whether by federal, state, provincial or municipal/local authorities, imposed, or becoming effective, on or after the date of this Agreement, will be added to the price then in effect for the Product and will be paid to Seller by Buyer.

7.0 Waiver: The failure of either Party to enforce at any time any of the provisions of this Agreement shall not constitute a waiver of that or any other provision of this Agreement, nor later affect the validity of this Agreement or any provision of this Agreement or the right of such Party to later enforce each and every provision of this Agreement. No waiver of any provision or breach of this Agreement will constitute a waiver of any other provision or breach.

8.0 Governing Law: All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state or federal court in Stanislaus County, California, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

Buyer and Seller mutually agree that the United Nations Conventions on Contracts for the International Sale of Goods does not apply to the Agreement or the sale by Seller to Buyer of the Product.

In the event either Party institutes suit to enforce any right or obligation against the other arising from or incidental to this Agreement, the prevailing Party shall be entitled to recover, in addition to any damages or other relief awarded to it, reasonable attorney’s fees, court costs, fees of testifying experts or consultants, and other expenses related thereto.

9.0 Texas DTPA. Reserved

10.0 Notice: All documents, notices and communications to be given hereunder or in connection herewith shall be in writing, signed (signing may be by an electronic signature) by the Party giving or making the notice or communication and shall be deemed given when: (i) (x) delivered in person or by messenger or (y) sent by facsimile or electronic mail on the date of receipt of a facsimile or electronic mail, provided that the sender can and does provide evidence of successful transmission and that such day is a business day (and if it is not, then on the next succeeding business day) or (z) three (3) business days after being deposited in the United States mail in a sealed envelope with sufficient postage affixed, registered or certified, return receipt requested or deposited with a nationally recognized next-day delivery service, such as Federal Express or United Parcel Service, and (ii) addressed as set forth below, or to such other addresses or designee(s) as may be hereafter designated by a Party after providing written notice thereof to the other Party.

To Seller:

Westlake Chemicals & Vinyls LLC, a Westlake company
2801 Post Oak Blvd., Suite 600
Houston, Texas 77056
Attention: VP, Chlor-Alkali and Derivatives
Facsimile: 713.629.6239
Email: [email protected]
To Buyer:

City of Modesto Accounts Payable
PO Box 642
Modesto, CA 95353
Attention: Carol Wattle
Facsimile:

Email: [email protected]
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 10 of 23

11.0 Dispute Resolution:

11.1 Except to the extent of a claim to enforce intellectual property rights or confidentiality obligations (which nevertheless shall be subject to the choice of venue provision contained in the second sentence of Section 11.4), and as a precondition to instituting any legal action permitted by the provisions below, any controversy, claim or dispute between the Parties arising out of or relating to the provision of this Agreement or the breach, termination or a validity thereof shall, upon written request of either Party, immediately be referred jointly for resolution to senior executives of each of the Parties who have authority to settle the controversy and who are at a higher level of management than the person(s) with direct responsibility for day-to-day administration of this Agreement. Within fifteen (15) days after delivery of the written request of a Party, the receiving Party shall submit to the other a written response. The request notice and the response shall each include: (a) a statement of the respective Party’s position and a summary of arguments supporting that position; and (b) the name and title of any other person who will accompany the senior executive. Within thirty (30) days after delivery of the disputing Party’s request notice, the senior executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt in good faith to resolve the controversy. The Parties agree to honor all reasonable requests for information. All negotiations pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

11.2 If the controversy has not been resolved by negotiation within forty-five (45) days of the disputing Party’s request notice, or if the Parties failed to meet within thirty (30) days of such request, the Parties agree to attempt to settle the dispute by mediation under any mediation rules mutually agreed upon by the Parties by one Party serving a written request on the other. Unless otherwise agreed, the Parties shall select a neutral mediator that is mutually agreed upon by the Parties.

The mediation shall be held in a location in the United States mutually agreed to by the Parties.

All mediation proceedings are non-binding.

11.3 This mediation must be concluded within any period mutually agreed upon by the Parties or if there is no such agreement, then within forty-five (45) days of the selection of the mediator.

Unless the Parties expressly agree otherwise, each Party shall bear its own costs, legal and expert fees incurred in mediation, and evenly share the costs of the mediator. If after proceeding in good faith (i) the Parties are unable to agree on a neutral mediator within thirty (30) days of the failure of the senior executives to meet as required in Section 11.2 or the failure of the senior executives to resolve the dispute in accordance with Section 11.2, whichever is earlier; or (ii) with the assistance of a neutral mediator, the Parties do not resolve the dispute within the period prescribed in this Section 11.3, the Parties may proceed in accordance with Section 11.4 below.

11.4 After exhausting the procedures set forth above, either Party may initiate litigation to resolve the dispute. The litigation shall be commenced only in the state court or federal court located in the state of Texas and each Party hereto submits to the jurisdiction of the court in which such litigation is commenced.

12.0 Reformation: If any provision of this Agreement is determined to be illegal or unenforceable for any reason, that provision shall be reformed to the maximum extent permitted to preserve the Parties’ original intent. If the provision cannot be reformed in a way that preserves the Parties’ original intent, it will be deleted and severed from this Agreement with the balance of this Agreement continuing in full force and effect.

13.0 Assignment: Neither this Agreement nor any right hereunder is assignable or otherwise transferable by a Party to a third party without the prior written consent of the other Party, not to be unreasonably withheld; provided, however, that subject to the Export Controls provision herein, either Party may, without the written consent of the other, assign this Agreement and its rights and delegate its obligations hereunder to an affiliate, or to a third party in connection with the transfer or sale of all or substantially all of its business related to this Agreement, or in the event of its merger, consolidation or similar transaction.

Upon assignment, the rights and obligations under this Agreement shall be binding upon and inure to the benefit of said purchaser or successor in interest or other assignee. #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 11 of 23

14.0 Product Stewardship: Buyer acknowledges that it has been adequately warned by Seller of the risks associated with handling, using, transporting, storing and disposing of Seller’s Products, as applicable, and that it has separate and independent knowledge of such risks, which are known in its industry, (ii) that it has received the Seller’s Safety Data Sheet (“SDS”) for each Product, as the case may be, (iii) that it is familiar with the same, and (iv) that it understands the contents of the Seller’s SDS. Seller and Buyer acknowledge the shared goal of safe storage, handling, distribution, use and disposal of the Products. Seller and Buyer agree that they and their employees, agents and contractors will handle the Products in a safe and appropriate manner pursuant to applicable laws. Seller and Buyer will adequately train all of their employees, agents and contractors with respect to the use and handling of the Products, and Buyer promptly will notify Seller in the event of any reportable spills/releases of the Products.

15.0 Export Controls: The Parties acknowledge that they as well as the Product sold or otherwise transferred under this Agreement may be subject to U.S. and Canadian export controls (including deemed export and re-export) requirements, laws and regulations and U.S. laws and regulations regarding embargoes, sanctions and similar laws, regulations and requirements applicable to exports (“Export Requirements”).

The Parties agree that Seller’s sale or supply of the Product as well as its use, transfer or resale by Buyer may be subject to one or more of these Export Requirements, and Buyer agrees to understand and to comply with any of these Export Requirements that are applicable to Buyer.

16.0 REACH: It is expressly understood by the Parties that pursuant to the terms of this Agreement, Seller is not the importer (as defined in and for the purposes of REACH) of the Product and Seller, as a legal entity incorporated in the United States of America, has no legal obligations under Regulation (EC) No. 1907/2006 (“REACH”) or related European Union legislation. For the avoidance of doubt, this includes but is not limited to the Seller having no obligation under REACH or this Agreement to obtain either itself or through its affiliated companies or any Only Representative (as defined in REACH) any requested pre-registration, registration or authorization for any substance(s) in its Product or in any raw materials required for production of its Product, unless the Parties have agreed to specific compliance terms and conditions related to each substance.

17.0 Acceptance: Buyer’s acceptance of this Agreement is expressly limited to the terms and conditions contained herein. If Buyer accepts any shipments of Product under this Agreement prior to Seller and Buyer’s execution of this Agreement, those shipments shall be governed by the terms and conditions in this Agreement. Except for those prior shipments, this Agreement shall not bind Seller unless and until it is signed by an authorized representative of Seller.

18.0 No Violation; Consents: Buyer warrants that the execution, delivery and performance by Buyer of this Agreement and the consummation of the transactions contemplated hereby will not (with or without the giving of notice or the lapse of time, or both) conflict with, result in a breach of, constitute a default under, or accelerate or permit the acceleration of the performance required by, or require any consent, authorization or approval under any agreement, contract, commitment, indenture, lease or other instrument, document or undertaking to which Buyer is subject.

19.0 Reproduction: This Agreement, and all documents relating hereto and thereto, may be stored and/or reproduced by any means or process including electronic or mechanical means. Any reproduction that reproduces the signatures of the Parties shall be admissible into evidence as the original in any litigation without regard to whether the original is in existence. If a Party signs this Agreement and then transmits an electronic facsimile of the signature page (including, without limitation, in PDF format), the receiving Party may rely upon such electronic facsimile as an originally executed signature page without any modification or change to this Agreement, unless such modification or change is noted on such electronic facsimile by the transmitting Party.

20.0 Compliance With Laws.
a. Buyer shall adhere to Seller’s Code of Conduct (which can be found at https://www.westlake.com/code-conduct). Seller and Buyer understand and agree that Products provided by Seller, as well as performance by the parties under this Agreement, are subject to laws, rules, regulations, directives, ordinances, orders, or statutes (the “Laws”) the United States and may #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 12 of 23 be subject to the Laws of other, applicable countries. Buyer agrees to comply with such Laws, as applicable, which may include but are not limited to, the U.S. Foreign Corrupt Practices Act, UK Bribery Act, anti-bribery Laws of other countries, U.S. Export Administration Regulations, U.S.

International Traffic in Arms Regulations, and Laws administered by the U.S. Treasury Department Office of Foreign Assets Control and U.S. Department of State. Buyer agrees to cooperate with Seller to ensure compliance with the Laws when engaging in activities related to Buyer’s performance of obligations under this Agreement and further agrees to indemnify, defend, and hold harmless Seller, Seller’s direct and indirect parent entities and affiliates, and its and their respective directors, officers, employees, agents, successors, and assigns, against demands, liabilities, fines, penalties, losses, and damages (including costs, investigation and litigation expenses and counsel fees incurred in connection therewith) arising out of or related to Buyer’s obligations under this paragraph. In the event of an enforcement action against Buyer relating to Buyer’s non-compliance with the Laws that reasonably relate to Buyer's performance under this Agreement, Buyer shall provide to Seller written notice of such enforcement action prior to publication or disclosure of such enforcement action, and in no event later than ten (10) business days following such enforcement action. b. Each Party agrees that, in connection with this Agreement, it shall not offer, promise or give anything of value, directly or indirectly, to anyone, including any government official, political party or campaign, any official or employee of any public international organization, or any official or employee of any government-owned enterprise or institution, for the purpose of obtaining or retaining business or otherwise securing an advantage or benefit for Seller. Each Party acknowledges it is aware of the penalties and legal consequences involved in participating in corrupt activities. c. Notwithstanding the foregoing, Seller and Buyer agree not to export, reexport, transmit or otherwise transfer the Products, whether directly or indirectly: (i) to any person or entity listed or otherwise designated as a blocked, prohibited or trade restricted person or party by the U.S. Commerce Department, U.S. Treasury Department, or U.S. Department of State; (ii) for any purpose or use prohibited by the U.S. government, such as for nuclear, chemical, or biological weapons production or proliferation, or (iii) to any destination or transit point subject to trade or economic prohibitions by the U.S. government, EU or any other applicable jurisdiction, nor currently or in the future on the U.S.

List of Specially Designated Nationals & Blocked Persons (SDN List), as may be amended from time to time. Furthermore, Buyer agrees that it will not sell any Product or product, directly or indirectly into Cuba, Crimea Region, Iran, Syria and North Korea, or any other country, entity or individual that is under applicable economic sanctions or on the SDN List and may, upon Seller’s request, be required to provide information about Products and end-users. d. Buyer acknowledges that any misrepresentation or violation of the aforesaid provisions set forth in this Section 20 shall be deemed a material breach, and Seller shall be entitled to terminate this Agreement and any Order(s) immediately without liability therefor upon providing notice to Buyer. e. In the event Buyer furnishes Seller with any personally identifiable information of an individual, as determined in accordance with applicable Laws (“Personal Information”), Buyer hereby acknowledges and agrees that Seller shall collect and retain such Personal Information in accordance with applicable privacy laws and any Seller privacy statement, if applicable, may be amended by Seller from time to time, and Buyer shall disclose Seller’s privacy statement, if applicable, to any individual whose personal information Buyer furnishes to Seller.

21.0 Sophisticated Buyer. The Buyer is a sophisticated buyer, knowledgeable in chemical based products, the chemical industry, and derivatives of chemicals, including, but not limited to, end products relating in any way to any chemical based products produced by Seller. Buyer understands that by buying any products from Seller, or using any products sold by Seller to Buyer to make other products, that Buyer may be exposed to risks and liabilities generally associated with those purchases, or with risks and liabilities relating to the chemical industry as a whole. By reason of this knowledge and experience, the Buyer will evaluate the merits and risks, including any and all possible liabilities, of the goods being purchased from Seller and will form an opinion to make said purchases based solely upon Buyer’s knowledge and experience and not upon any opinion, representation, or predictions by Seller, its employees, agents or representatives.

22.0 Special Order. If the Product being sold hereunder must necessarily be manufactured specially for Buyer and Buyer's performance is suspended or terminated for any reason, in addition to Seller's other rights and remedies hereunder (including but not limited to its rights for damages for all contractual quantities not #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 13 of 23 taken, whether such quantities have at the time been manufactured or are in process), Buyer will take delivery of and make payment for such Product as have been completed and such as are in process on the date notice of suspension or termination is received by Seller, provided, that if Buyer for any reason cannot accept delivery of such Product, Buyer will make payment therefor as though delivery had been made and Seller will store such Product for Buyer's account and at Buyer's expense.

23.0 Allocation. If for any reason Seller is unable to supply the total demand for Product specified herein, Seller may distribute its available production of such Product among any or all purchasers, including divisions, affiliates and subsidiaries of Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom. Seller shall have no obligation to cause its feedstocks to be allocated to the Product covered hereby or to produce such Product as opposed to other product produced by Seller.

24.0 Technical Assistance. At Buyer's request, Seller may, at its option, furnish such technical assistance and information as it has available with respect to the use of the Product covered hereby. Buyer should not rely on such technical assistance and information for specific applications since, although Seller will only furnish such assistance and information as it believes to be reliable, results will vary with processing and other conditions. Accordingly, such information and assistance is given and accepted at Buyer's risk and confirmation of its validity and suitability in particular cases should be obtained independently, AND BUYER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED IN RELIANCE THEREON. SELLER

SHALL NOT HAVE OR INCUR ANY LIABILITY IN CONNECTION WITH SUCH ASSISTANCE OR

INFORMATION, WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN SELLER'S PRODUCT DATA SHEETS.

25.0 Safe Handling. Seller shall properly label Product pursuant to the Hazardous Materials Transportation Regulations and OSHA Hazard Communication Standard, and Buyer hereby acknowledges receipt of Seller's Material Safety Data Sheet. Buyer shall promptly and carefully inspect Product upon receipt and will maintain appropriate safe handling and use procedures. Buyer will apprise its employees, customers and third parties who may come into contact with such Product of the hazards, proper use and handling requirements of Product, and shall comply with the OSHA Hazard Communication Standard, and all other applicable laws, rules and regulations.

26.0 Weights, Detention, Demurrage And Damages. Weights of all shipments shall be determined at point of shipment by ascertaining the gross and tare weight of each container. Claims on account of weight and/or test will be allowed only (1) if such claim is for one-half of one percent (½%) or more of entire contents of all shipments, except hopper cars and hopper trucks, which shall be allowed only if such claim is for one percent (1%) or more of entire contents, and (2) if made within ten (10) days after receipt at destination, and (3) if supported by certified railroad scale tickets in the event of hopper car shipments, or by other evidence reasonably acceptable to Seller in the event of shipments other than by hopper car and (4) if Buyer proves to the satisfaction of Seller that the container in question was entirely emptied. Buyer shall promptly unload any and all such containers. Demurrage or extra detention charges shall be for Buyer's account. Buyer shall be responsible and shall be liable to Seller for loss or damage to transportation equipment provided by or on behalf of Seller while same is in custody of Buyer or Buyer's designee.

27.0 Security. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shall have any doubt at any time as to Buyer's financial responsibility or condition, Seller, in its sole discretion and without prejudice to any other right which Seller may have, may decline to make further deliveries except upon receipt of cash or security satisfactory to Seller in Seller's sole judgment. Seller shall receive a credit against its quantity obligation hereunder in an amount equal to any quantity of Product which Seller declines to deliver in accordance herewith.

28.0 Effect of Title and Headings: The title of this Agreement and the headings of its sections and subsections are included solely for convenience and shall not govern, limit or aid in the interpretation of any terms or provisions of this Agreement.

29.0 Representations: Buyer and Seller each represent to the other that the person signing this Agreement on behalf of said Party has the fullright, power and authority to enter into this Agreement, to bind their respective #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 14 of 23 companies by the terms of this Agreement and that all necessary corporate action has been taken in connection therewith.

30.0 Translation: This Agreement is executed in English. In the event this Agreement is translated into a language or languages other than English, this version in English shall be controlling on all questions or interpretations and performance.

31.0 Survival: The terms and provisions of this Agreement regarding payment and indemnity and any other terms and provisions, which by their nature are meant to survive, shall survive the termination of this Agreement for any reason.

32.0 Entire Agreement: This Agreement, including all of the documents referred to in the Agreement, is the entire agreement of the Parties with regard to the subject matter hereof and supersedes and cancels any prior communications, commitments, representations or warranties, and/or contracts between the Parties relating to the subject matter hereof. No modification of this Agreement shall be of any force or effect unless reduced to a writing which specifically references this Agreement and is signed by the Parties claimed to be bound thereby, and no modification shall be effected by any purchase order forms, acknowledgment forms, shipping documents, or other documents containing additional or different terms or conditions to those set forth in this Agreement.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 15 of 23 Exhibit A
Product Specifications
SPECIFICATIONS:TABLETS
Accu-Tab SI by Westlake Chemicals & Vinyls LLC

1.01 3 1/8” CALCIUM HYPOCHLORITE TABLETS, HYDRATED
A. Manufacturer
The tablets shall be calcium hypochlorite 3
1 /8” Accu-Tab SI tablets manufactured by
Axiall LLC, and shall be NSF Standard 60 listed.

B. Packaging
The tablets shall be packaged in 6½-gallon plastic pails containing 60 pounds by weight, or in 400# bags in fiberboard boxes.

C. Technical Properties
Chemical Name: Calcium Hypochlorite
Chemical Formula: Ca(OCl)2
Dimensions: 3
1 /8” diameter x 1
5 /16” tall
Weight: 325 grams, nominal
Color: White
Additive: 0.9% scale inhibitor
Chemical Assay of Cal-Hypo:

Active Ingredient, Calcium Hypochlorite, % 68 nom.

Other Ingredients, % 32
Minimal Available Chlorine, % 65
D. NSF Certification
The tablet shall be NSF Standard 60 listed, and shall be used in combination with NSF Standard 61 listed Accu-Tab chlorinators by Axiall LLC. Other combinations shall not be acceptable.

Revision History: Date
By
Comments
5/28/13 RHF Initial issue.
4/17/14 RHF Added approval.
6/18/20 RHF Changed 55# to 60#
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 16 of 23 Specifications: Accu-Tab SI Systems
Specifications – Accu-Tab
® 2075P
Part 1: CALCIUM HYPOCHLORITE TABLET CHLORINATIONSYSTEM

1.01 General Description.

The system shall be designed to feed low concentrations of calcium hypochlorite in solution intermittently or continuously as required for industrial treatment applications. The system shall be a single pre-assembled, package unit in a welded aluminum frame consisting of chlorinator, electrical box, discharge pump, and balance tank for ease of installation and operation. The system shall be the Accu-Tab Model 2075P byWestlake Chlor-Vinyls Corporation. Only NSF Standard 60 listed Accu-Tab® SI (scale inhibitor) calcium hypochlorite tablets by Westlake Chlor-Vinyls Corporation shall be used
The base proposal requires furnishing equipment as specified herein, though substitutions will be considered. The bidder is cautioned that substitutions must meet the quality and operational requirements of each feature specified in Section 1.02 below. Batch systems with pressure mixing components producing chlorine concentrations exceeding the limits of the specifications will not be considered.

Any system offered shall use an NSF Standard 61 listed erosion feeder (not all Axiall feeders are NSF listed), an NSF Standard 60 listed calcium hypochlorite tablet approved by the system manufacturer, and shall be capable of meeting all requirements of the Health Department having jurisdiction over the installation.

1.02 System Features.
a. A maximum chlorine solution level of 0.05% (500 ppm) shall be maintained to prevent calcification in system components. Systems producing chlorine concentrations higher than

0.05% shall not be acceptable.
b. Delivery shall be by erosion feed technology to control accurate and consistent concentration limits in the chlorine treatment solution. Spray and/or vortex technology systems shall not be acceptable.
c. The chlorinator shall automatically and continuously feed a limited quantity of chlorine in solution as needed. Batch systems preparing excess quantities of solution for delivery over an extended period shall not be acceptable.
d. A centrifugal pump wired to the system electrical box shall feed freshly mixed chlorine treatment solution only as required for maximum efficiency. Batch systems requiring the use of a metering pump or pumps to feed pre-prepared standing solution shall not be acceptable.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 17 of 23 e. All external piping in the system shall be Schedule 80 PVC for durability. Systems with flexible tubing shall not be acceptable.

1.03 System Components.
a. Tablet Chlorinator. The Accu-Tab
® 2075P chlorinator by Westlake Chlor-Vinyls
Corporation. is designed exclusively for Accu-Tab SI calcium hypochlorite tablets by Westlake Chlor-Vinyls Corporation. Tablets are stacked inside the chlorinator; as water flows across the tablets, they erode at a rate proportional to the flow rate. b. Inlet Water Supply Connection.
1-½ ” Socket
c. Inlet Filter. An inlet filter with 60 mesh screen is supplied. Has 1-1/2” PVC socket connections.
d. Flow Meter. A 2-20 gpm flow meter is utilized to monitor flow through the Chlorinator. e. Solution Tank. Fabricated of 18” PVC pipe. Capacity is 20 gallons. f. Primary Solution Tank Level Control. Made from Schedule 80 PVC and 316L stainless steel, this float valve maintains the level in the tank. g. Secondary Low Level Solution Tank Control. On low level the pump will shut down to prevent cavitation and pump failure.
h. Solution Delivery Pump. Delivers chlorinated solution into a pressurized stream. A 110v single stage centrifugal pump (Webtrol PC 150R) is standard with performance of 20 gpm @ 40 PSIG.
i. Discharge Check Valve. This prevents back flow into the system when it shuts down. j. Flow Control Valve. PVC gate valve mounted in the discharge line allows the operator to adjust flow of chlorine solution.
k. Outlet Connection.
1” socket
l. Nema 4X Electrical Enclosure. UL Listed components. System operates in HAND mode.

A run signal may be used to start/stop the system in an AUTO mode. The run signal may be either 110v or dry contact. This is field wired to the terminal block. m. Aluminum Frame, Type 6061-T.
#21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 18 of 23

1.04 Optional Equipment.
a. Inlet Pressure Regulator and gauge. Pressure regulator installed for water inlet pressure above 50 PSIG.
b. Solution Discharge Pump. For systems greater than 40 psi, higher pressure Grundfos CR pumps are available – system will have larger footprint. c. Electrical. Systems are available for 220v 1 ph and 3 ph power. d. Chlorinator Rings. I”, 2” or 3” rings are available for increased chlorine delivery. e. Weight Scale. A weight scale between the chlorinator and the solution tank is supplied to weigh the amount of tablets. Not available on Model 2150 P. f. VFD Pump. A Grundfos CRE pump is supplied. All control functions MUST be completed by others.
g. 2000 Series Controller. A separate touch screen process controller that will allow residual, flow pace or compound loop control.

1.05 Electrical Requirements.

One electrical circuit is required for operation at the voltage and amperage required by the pump.

If desired a 110v or dry contact control circuit may be utilized.

1.06 Warranty.

The manufacturer shall guarantee in writing that this unit, if operated in accordance with written instructions given and accepted by the Owner, will perform in complete accord with the specifications. All components shall be warranted against manufacturers’ defects for eighteen (18) months from its original ship date. Only Accu-Tab SI tablets can be used in these chlorination systems. Use of any other tablet will invalidate the warranty. #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 19 of 23 Specifications – Accu-Tab PowerPro®
Part 1: CALCIUM HYPOCHLORITE TABLET CHLORINATIONSYSTEM

1.01 General Description.

The system shall be designed to feed low concentrations of calcium hypochlorite in solution intermittently or continuously as required for water treatment applications, such as process, potable, waste, etc. The system shall be a single pre-assembled, package unit in a welded aluminum frame consisting of chlorinator, electrical boxes, centrifugal pump, and balance tank for ease of installation and operation. Field assembled systems shall not be acceptable. The system shall be the PowerPro® Model 3075 by Westlake Chlor-Vinyls Corporation. Only NSF Standard 60 listed Accu-Tab® SI (scale inhibitor) calcium hypochlorite tablets by Westlake Chlor-Vinyls Corporation shall be used.

The base proposal requires furnishing equipment as specified herein. The bidder is cautioned that substitutions must meet the quality and operational requirements of each feature specified in Section

1.02 below. Batch systems with pressure mixing components producing chlorine concentrations exceeding the limits of the specifications will not be considered.

Any system offered shall use an NSF Standard 61 listed erosion feeder (not all Axiall feeders are NSF listed), an NSF Standard 60 listed calcium hypochlorite tablet, and shall be capable of meeting all requirements of the Health Department having jurisdiction over the installation.

1.02 System Features.
d. A maximum chlorine solution level of 0.05% (500 ppm) shall be maintained to prevent calcification in system components. Systems producing chlorine concentrations higher than

0.05% shall not be acceptable.
e. Delivery shall be by erosion feed technology to control accurate and consistent concentration limits in the chlorine treatment solution. Spray and/or vortex technology systems shall not be acceptable.
f. The chlorinator shall automatically and continuously feed a limited quantity of chlorine in solution as needed; when the system is not running, no more chlorine than that amount which can be fed in one minute or less shall be left in the tank to prevent chlorine loss.

Batch systems preparing excess quantities of solution for delivery over an extended period shall not be acceptable.
f. A centrifugal pump wired to the system electrical box shall feed freshly mixed chlorine treatment solution only as required for maximum efficiency. Batch systems requiring the use of a metering pump or pumps to feed pre-prepared standing solution shall not be acceptable.
g. All piping in the chlorinator unit shall be Schedule 80 PVC for durability. Systems with flexible tubing shall not be acceptable.

1.05 System Components.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 20 of 23 n. Tablet Chlorinator. Accu-Tab® chlorinators by Westlake Chlor-Vinyls Corporation are designed exclusively for Accu-Tab® SI calcium hypochlorite tablets by Westlake ChlorVinyls Corporation Tablets are placed on a sieve plate inside the chlorinator; as water flows across the sieve plate, the tablets erode at a rate proportional to the flow rate. o. Inlet Water Supply Connection with Filter.

Model 3012 1” FNPT (fresh water supply of 15 GPM required) Model 3075 1” FNPT (fresh water supply of 30 GPM required) Model 3150 1-1/2” FNPT (fresh water supply of 60 GPM required) Model 3530
and larger 1-1/2” FNPT (fresh water supply of 75-100 GPM required) p. Inlet Solenoid Valve. Opens and closes on command when the system receives a signal. q. Inlet Flow Meter. A flow-through flow meter shows the flow of the fresh water-dissolving stream.
r. Flow Control Valve. Diaphragm valve mounted in line with the flow meter allows operator to adjust flow of water-dissolving stream. (Not included with VFD Controlled systems) s. Solution Tank. Made of medium-density polyethylene. Capacities:

Model 3012 22 gallons
Model 3075 22 gallons
Model 3150 28 gallons
Model 3530
and larger 45 gallons
t. Primary Solution Tank Level Control Valve. Made from PVC and 316L stainless steel, this float valve meters the tablet by-pass flow. The by-pass stream balances the variation in the water-dissolving stream. The float valve opens or closes to maintain the solution tank level.

On VFD controlled systems, all the flow to the chlorinator flows through the float valve – there is no bypass water.
u. Secondary High/Low Level Solution Tank Control. Prevents the solution tank from overflowing or running empty. High level: when activated, a switch opens the circuit to the solenoid valve, causing the valve to close. Low level: shuts pump down preventing cavitation. A restart timer prevents the pump or valve from “chattering” upon restart. v. Solution Delivery Pump. Delivers chlorinated solution into a pressurized stream. A Grundfos vertical multi-stage centrifugal pump is provided. w. Discharge pressure gauge. A removable pressure is provided for aiding in diagnosing pumping issues.
x. Solution Injection Pump Air Bleed. Used to prime the pump at start-up, or at any time, if necessary. Also functions as a recycle line for tank cleaning. y. Primary Backflow Prevention. A PVC Ball check valve prevents reverse flow of water into the system.
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 21 of 23 z. Discharge Control Valve (non VFD systems). Used to balance system output water flow with system input water flow if required.
aa. Outlet Connection.

Model 3012 1” FNPT
Model 3075 1” FNPT
Model 3150
and larger 1-1/2” FNPT
bb.Nema 4X Electrical Enclosures, UL listed.
cc. Aluminum Frame, Type 6061-T.

1.06 Optional Equipment.
h. Inlet Pressure Regulator w/gauge. Schedule 80 PVC pressure regulator installed for water inlet pressure above 70 PSIG.
i. Control Option. A variable frequency drive (VFD) stand-alone unit adjusts the motor on the solution delivery pump as controlled by the process controller. Alternately, a pump with an integral VFD may be utilized. For some systems (particularly voltages out of the norm) an electrically actuated ball valve may be substituted for the VFD. The system microprocessor has a process controller yielding Flow-Pace, Residual, or Compound Loop modes as standard
j. Weight Scale. Load cell factory-installed under the chlorinator to measure tablet weight. k. Field Installed Spare Pump. Secondary pump that is field installed on a separate stand and plumbed to the solution tank, then field wired to the main electrical box. Can be switched from main system pump via a Pump Selection Switch

1.05 Electrical Requirements.

Each system to be designed per available power supply specified by customer. Two electrical circuits are required for operation: (1) dry contact or 110v 5 amp control signal to Auto Start/Stop the system, and (1) pump circuit sized for the pump/motor provided, and shall operate on VAC phase power (available power supply specified by customer).

1.07 Warranty.

The manufacturer shall guarantee in writing that this unit, if operated in accordance with written instructions given and accepted by the Owner, will perform in complete accord with the specifications. All components will be warranted against manufacturers’ defects for eighteen (18) months from its original ship date. Only Accu-Tab SI tablets can be used in these chlorination systems. Use of any other tablet will invalidate the warranty. #21..
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Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 22 of 23 Exhibit B

AGREEMENT PRICING

ACCU-TAB SI CHLORINATING TABLETS

PERIOD COVERED
7/01/2023 - 7/01/2024 – 7/01/2025 – 7/01/2026 – 7/01/2027 – 6/30/2024 6/30/2025 6/30/2026 6/31/2027 6/30/2028
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

DESCRIPTION UNIT PER LB PER LB PER LB PER LB PER LB

ACCU-TAB SI
LB $2.55
Price Price Price Price
TABLETS – Increase; No Increase; No Increase; No Increase; No MINIMUM (4) more than a more than a more than a more than a PALLETS 5% increase 5% increase 5% increase 5% increase

ADDITIONAL SERVICES

DESCRIPTION OF SERVICE UOM UNIT PRICE
EQUIPMENT TRAINING, ONE (1) – TWO (2)-DAY SESSION * To be completed by Westlake’s local Specialist Industrial Service & Supply

ONE-TIME NO
CHARGE
ON-SITE SERVICE VISITS, TWO (2) DAY MAXIMUM PER VISIT, TWO (2) VISITS * To be completed by Westlake’s local Specialist Industrial Service & Supply

ANNUALLY
NO
CHARGE
ADDITIONAL ON-SITE SERVICE CALLS *To be completed as needed by Westlake’s local Specialist Industrial Service & Supply PER DAY $0,000.00
PRICING VALID FROM JULY 1, 2023 THROUGH JUNE 30, 2024
Price increases allowed effective July 1
st of no more than 10% per year
Pumps and parts for City of Modesto are warranted for three years from installation. Warranty covers repair parts for failed parts only. Entire pumps will not be replaced when replacing a liquid end will work. Equipment warranty conditions are listed in the installation manuals for each system (page 11 for the Accu-Tab 2075P and page 15 for the PowerPro 3075).

ACCU-TAB SYSTEM 2075P 2075-VFD POWERPRO
3075

POWERPRO
3075-VFD

POWERPRO
3075-VFD

DESCRIPTION UNIT

UNIT PRICE
PER EA

UNIT PRICE
PER EA

UNIT PRICE
PER EA

UNIT PRICE
PER EA

UNIT PRICE
PER EA

CHLORINATOR W/O
PUMP EA $3,292.00 $3,292.00 $8,489.00 $8,489.00 $8,489.00

GRUNDFOS

INJECTION PUMP EA
MODEL
CRI3-9 208-
230V (1PH)
$2,168.00
MODEL
CRI3-8 208-
230V (1PH)
VFD -
$3145.00
MODEL
CRI3-9 208-
230V (1PH)
$2,168.00
MODEL
CRI3-8 208-
230V (1PH)
VFD -
$3145.00
MODEL CRI3-
12 208-230V
(3PH) VFD -
$2,513.00

TABLET SCALE EA NOT

AVAILABLE
NOT

AVAILABLE
$808.00 $808.00 $808.00

STACKING INSERT EA INCLUDED INCLUDED INCLUDED INCLUDED
AXIALL 2000
SERIES

CONTROLLER
EA $0.00 $1,191.00 $0.00 $0.00 $0.00
1” BRASS

PRESSURE

REGULATOR
EA $462.00 $462.00 $462.00 $462.00 $462.00
#21..
- 723 -

STAND ALONE

VFD-WEG
INSTALLED 220V 1
OR 3PH INPUT 2HP
EA N/A N/A N/A N/A $840.00
TOTAL SYSTEM PRICE $5,922.00 $8,090.00 $11,927.00 $12,904.00 $13112 Westlake_City of Modesto MASTER SALES CONTRACT T(July 2023) Page 23 of 23 #21..
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#21..
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xx
xx Sole source letter attached. DL
3/28/2023
Carol Wattle 03/28/2023
#21..
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#21..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 6, 2023
Date: May 31, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Facility Name Change for Wastewater Treatment Facilities CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving renaming Modesto’s Water Quality Control Facilities to City of Modesto Regional Water Recycling Facility Sutter Campus and City of Modesto Regional Water Recycling Facility Jennings Campus. (Funding Source: Sewer Operations 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:

The City of Modesto owns and operates two wastewater treatment facilities: one on Sutter Avenue and one on Jennings Road. Modesto’s wastewater is treated to meet the stringent Federal and State regulatory requirements for recycled water. An average of 20 million gallons of Modesto’s wastewater is treated per day at the Sutter facility (Sutter). Of those, nearly 15 million gallons are further treated at the Jennings facility (Jennings) to tertiary (recycled water) levels, while the remaining wastewater is treated and stored at Jennings for irrigation of the Jennings Ranch.

In 1956, the wastewater treatment facility located on Sutter Avenue was referred to as “City of Modesto Sewage Treatment Plant”. On April 1, 1970, it was dedicated as “Modesto’s Water Quality Control Facility”.

In 1969, the City purchased property along the San Joaquin River and began developing what is now the second largest pond system in the US. This newer system is often referred to as the “Jennings Secondary Treatment Facility”.

Over the years, both the Sutter and Jennings facilities have been referenced by various names in Resolutions and many other written documents and plans. #22..
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City Council, June 6, 2023
Facility Name Change for Wastewater Treatment Facilities

DISCUSSION:

Water is one of the most vital resources to our community, and conservation and management are of utmost importance. In this regard, the role of the City’s wastewater treatment facilities cannot be understated. These facilities are responsible for treating wastewater and ensuring that the wastewater returned to the region meets water quality objectives. However, the nomenclature of these facilities often lacks imagination and is not reflective of their true function.

The “Modesto Water Quality Control Facility” is a prime example of this issue. Renaming the facilities to the “City of Modesto's Regional Water Recycling Facility” reflects their actual operational function.

The outdated “Modesto Water Quality Control Facility” name was responsible for treating wastewater and ensuring that it meets water quality objectives. However, the name of the facility does not adequately convey its role in water conservation and sustainability. Instead, it is suggestive of a dated function that lacks innovation and may be disconnected from the community. On the other hand, the “City of Modesto's Water Recycling Facility” is a name that immediately conveys the purpose and function of the facility. The use of "water recycling" highlights the importance of water conservation and the need to recycle wastewater for reuse, while "Sutter Campus” and “Jennings Campus" emphasizes the facility's location and its relationship to the community it serves.

Furthermore, the proposed name is more in line with the current trends in the water/wastewater industry. The concept of water recycling is gaining popularity as a sustainable and eco-friendly method of water management. By renaming the facilities, Modesto will align itself with this trend, demonstrating its commitment to sustainable water management practices. The name change would also bring attention to the efforts of the facilities and the City to conserve water, which would be beneficial in promoting environmental awareness among the residents.

Renaming the “Modesto Water Quality Control Facility” to the “City of Modesto's Regional Water Recycling Facility” and highlighting the Sutter and Jennings Campus locations would also help to dispel any potential negative connotations often associated with wastewater treatment facilities. In addition, by emphasizing the facility's role in water recycling and conservation, the name change would rebrand the facility as a key player in promoting sustainable water management practices. This would also create a positive image of the facilities and encourage community members to support its efforts.

The official name for each facility is recommended as follows:

City of Modesto Regional Water Recycling Facility Sutter Campus City of Modesto Regional Water Recycling Facility Jennings Campus Staff has reviewed the various permits for both facilities and have confirmed with the Central Valley Regional Water Quality Control Board that there are no restrictions preventing the renaming of the sites.

FISCAL IMPACT:

The cost for the new signage for Sutter is estimated at $14,000 and is already included in the new entrance project for the Sutter Campus in the Capital Improvement Program budget account 100372 - Sutter Plant Parking Lot/Security.

The cost for new signage for Jennings is estimated at approximately $3,000 and is budgeted in the Sewer Operations fund in FY 2024.
#22..
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City Council, June 6, 2023
Facility Name Change for Wastewater Treatment Facilities

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on May 1, 2023, with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving renaming Modesto’s Water Quality Control Facilities to the City of Modesto Regional Water Recycling Facility Sutter Campus and the City of Modesto Regional Water Recycling Facility Jennings Campus.

Approved by:

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

1. Resolution
#22..
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06/06/2023/Utilities/WWong/ Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?
RESOLUTION APPROVING RENAMING MODESTO’S WATER QUALITY

CONTROL FACILITIES TO THE CITY OF MODESTO REGIONAL WATER

RECYCLING FACILITY SUTTER CAMPUS AND THE CITY OF MODESTO

REGIONAL WATER RECYCLING FACILITY JENNINGS CAMPUS
WHEREAS, the City of Modesto owns and operates two wastewater treatment facilities: one on Sutter Avenue and one on Jennings Road. Modesto’s wastewater is treated to meet the stringent Federal and State regulatory requirements for recycled water.

An average of 20 million gallons of Modesto’s wastewater is treated per day at the Sutter facility (Sutter). Of those, nearly 15 million gallons are further treated at the Jennings facility (Jennings) to tertiary (recycled water) levels, while the remaining wastewater is treated and stored at Jennings for irrigation of the Jennings Ranch; and WHEREAS, in 1956, the wastewater treatment facility located on Sutter Avenue was referred to as “City of Modesto Sewage Treatment Plant”; and WHEREAS, on April 1, 1970, it was dedicated as “Modesto’s Water Quality Control Facility”; and
WHEREAS, in 1969, the City purchased property along the San Joaquin River and began developing what is now the second largest pond system in the US. This newer system is often referred to as the “Jennings Secondary Treatment Facility”; and WHEREAS, over the years, both the Sutter and Jennings facilities have been referenced by various names in Resolutions and many other written documents and plans; and
WHEREAS, renaming the facilities to the “City of Modesto's Regional Water Recycling Facility” reflects their actual operational function; and #22..
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06/06/2023/Utilities/WWong/ Item XX 2 2023-XX
WHEREAS, the official name for each facility is recommended as follows:

City of Modesto Regional Water Recycling Facility Sutter Campus City of Modesto Regional Water Recycling Facility Jennings Campus; and WHEREAS, the cost for the new signage for Sutter is estimated at $14,000 and is already included in the new entrance project for the Sutter Campus in the Capital Improvement Program budget account 100372 - Sutter Plant Parking Lot/Security, and the cost for new signage for Jennings is estimated at approximately $3,000 and is budgeted in the Sewer Operations fund in FY 2024.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves renaming Modesto’s Water Quality Control Facilities to the City of Modesto Regional Water Recycling Facility Sutter Campus and the City of Modesto Regional Water Recycling Facility Jennings Campus.
#22..
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06/06/2023/Utilities/WWong/ Item XX 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 6th day of June 2023, 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: _______
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
#22..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 06, 2023
Date: May 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: New Closed-Circuit Television Camera and Transporter CONTACT: Jason Farnsworth, Wastewater Division Manager,[email protected], 209-577-6255
DESCRIPTION:

Consider approving the Purchase of a Closed-Circuit Television (CCTV) Camera and Transporter from Rapidview LLC, Rochester, IN, under the authorized dealer Jack Doheny Company (JDC), Northville, MI, for a total amount not to exceed $88,161. (Funding Source:

Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In 2006, the State Water Regional Quality Control Board (SWRQCB) implemented the general Waste Discharge Requirements (WDR) governing the operations and maintenance of wastewater collection systems.

There is approximately 3,432,000 linear feet of pipeline in the City’s wastewater collection system. The City of Modesto, Wastewater Division is responsible for managing the City’s wastewater collection system and maintaining compliance with the WDR, which requires a Sanitary Sewer Management Plan (SSMP) be adopted by the “Enrollees” governing board at a public meeting.

In March 2007, HDR, a consultant group, completed a “WDR Gap Analysis” for the City with recommendations for maintaining compliance with the WDR. The WDR Gap Analysis recommended the purchase of an additional CCTV inspection unit (van). #23..
- 734 -
City Council June 06, 2023
New Closed-Circuit Television Camera and Transporter

On April 07, 2009, by Resolution No. 2009-150, the City Council approved the completed SSMP1. A key element in the SSMP, as outlined in the WDR, is the development of a rehabilitation and replacement plan. The program should include regular visual and TV inspections of manholes and sewer pipes.

The City’s only CCTV van inspects approximately 24,000 linear feet of pipe per month. At this rate, it will take 11.9 years to inspect the entire wastewater collection system one time. It was determined, an additional CCTV unit was critical in completing visual inspections of the entire system in a timely manner. In doing so, it improves the City’s Sanitary Sewer Overflow (SSO) reduction program.

With the purchase of the additional CCTV van, the City of Modesto is able to inspect its entire system well within compliance of industry standards. Industry standard calls for inspection of the entire wastewater collection system lines every 6-10 years.

On February 08, 2022, by Resolution No. 2022-087, the City Council approved the purchase of an additional CCTV Van from JDC, Northville, MI for a total cost not to exceed $264,154.

DISCUSSION:

The CCTV van was purchased as a complete operating unit. However, the included camera and transporter are designed for use in smaller diameter pipelines. In order to fully utilize the additional CCTV van, an additional camera and transporter capable of inspecting larger diameter pipelines, is necessary. Furthermore, CCTV cameras and transporters are high wear items and require service on a regular basis. To avoid inspection interruptions, this additional equipment is recommended to also serve as a backup camera and transporter.

On April 5, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for a CCTV camera and transporter. On October 19, 2021, Sourcewell issued Request for Proposals (RFP) #120721 for Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services, on the Sourcewell website2, the Sourcewell Procurement Portal3, Public Purchase website4, The New York State Contract Reporter website5, Merx, Biddingo, and The Oregon Daily Journal of Commerce. On December 7, 2021 proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal. Thirteen (13) proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlined in the RFP, four (4) contracts were awarded6 for this commodity which includes the CCTV Camera and Transporter. Based on the responsive and responsible proposer offering the7, City Staff recommends to award to Jack 1 Several updates to the SSMP have been approved by Council since that time: February 07, 2012, March 03, 2015, and August 17, 2017
2 www.sourcewell-mn.gov
3 www.proportal.sourcewll-mn.gov
4 www.PublicPurchase.com
5 www.nyscr.ny.gov
6 Aries Industries, Inc., Envirosight, LLC, RapidView LLC, and Rausch Electronics USA, LLC. 7 Conformance to RFP Requirements, Financial Viability and Marketplace Success, Ability to Sell and Deliver Service, Marketing Plan, Value Added Attributes, Warranty, Depth and Breadth of Offered Equipment, Products, or Services, and Pricing.
#23..
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City Council June 06, 2023
New Closed-Circuit Television Camera and Transporter

Doheny Company, Northville, MI to purchase the CCTV camera and transporter for an amount not to exceed $88,161.

Sourcewell is a cooperative agency which streamlines the procurement process by developing Request for Bids (RFBs) or Request for Proposals (RFPs) 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.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which 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 his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in 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 and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing Sourcewell, the City is complying with the requirements defined under this code for the CCTV camera and transporter.

FISCAL IMPACT:

The anticipated one-time cost of $88,161 was planned for and budgeted within the current Fiscal Year 22-23 operating budget.

Charge Account: 4210-44211-57004
(Sewer Operations Find- Sewer Collections-Tools and Equipment Greater than $5,000) COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on Monday, May 01, 2023, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance), with RapidView LLC, Rochester, IN, under the authorized dealer Jack Doheny Company, Northville, MI, for a Closed-Circuit Television (CCTV) Camera and Transporter for a total amount not to exceed $88,161; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
#23..
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City Council June 06, 2023
New Closed-Circuit Television Camera and Transporter

Approved by: _________________________________________
William Wong, Director of Utilities
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Jack Doheny Co Quote

3. Financial Interest Disclosure

4. Scoring Abstract
#23..
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6/6/2023/Utilities/JFarnsworth/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE), WITH

RAPIDVIEW, LLC, ROCHESTER, IN, UNDER THE AUTHORIZED DEALER

JACK DOHENY COMPANY, NORTHVILLE, MI FOR A CLOSED-CIRCUIT

TELEVISION (CCTV) CAMERA AND TRANSPORTER FOR A TOTAL
AMOUNT NOT TO EXCEED $88,161; AND AUTHORIZING THE PURCHASING

MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, in March 2007, the consultant group, HDR, completed a “Waste Discharge Requirements Gap Analysis” for the City of Modesto with recommendations on maintaining compliance; and
WHEREAS, the WDR Gap Analysis recommended the purchase of an additional CCTV inspection unit (van); and
WHEREAS, on February 08, 2022, by Resolution No. 2022-087, the City Council approved the purchase of an additional CCTV Van from Jack Doheny Co., Northville, MI for a total cost not to exceed $264,154; and
WHEREAS, the CCTV Van was purchased as a complete operating unit, but the included camera and transporter are designed for use in smaller diameter pipelines; and WHEREAS, in order to fully utilize the additional CCTV van, an additional camera and transporter capable of inspecting larger diameter pipelines, is necessary; and WHEREAS, on April 05, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for a CCTV camera and transporter; and WHEREAS, on October 19, 2021 Sourcewell issued Request for Proposal (RFP) #120721 for Underground Infrastructure Inspection and Rehabilitation Equipment and Related Services; and
WHEREAS, thirteen (13) proposals were received and based on the Sourcewell #23..
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6/6/2023/Utilities/JFarnsworth/Item # 2 2023-xxx
Proposal Review Committee and criteria outlined in the RFP, four (4) contracts were awarded for this commodity which includes the CCTV Camera and Transporter; and WHEREAS, based on the responsive and responsible proposal, City Staff recommends the award for purchase of CCTV Camera and Transporter to Jack Doheny Company, Northville, MI for an amount not to exceed $88,161; and WHEREAS, Modesto Municipal Code 8-3.204(d) states “Where Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in MMC Section 8-3.203 will result in 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 and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and
WHEREAS, by utilizing Sourcewell the City is complying with the requirements defined under this code for the purchase of the CCTV Camera and Transporter.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Competitive Bid Process from Sourcewell (formerly National Joint Powers Alliance), with RapidView, LLC, Rochester, IN, under the authorized dealer Jack Doheny Company Northville, MI, for a Closed-Circuit Television (CCTV) Camera and Transporter for a total amount not to exceed $88,161.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to issue the purchase order.
#23..
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6/6/2023/Utilities/JFarnsworth/Item # 3 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 6th day of June, 2023, 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: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#23..
- 740 -
1 1
1 1
1 1
1 1
1 1
1 1
1 Date: 5/12/2023
1 Branch: 1700
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1 CUSTOMER:
1 ADDRESS:
1 CITY, STATE, ZIP:
1 PHONE:
1 EMAIL:
1 ATTN:
1 1
1 1
1 1
1 1
N/A
N/A
1 Eff: 3/21/23
John Adams
RAPIDVIEW ID:

PROPOSAL ID:

DOHENYCOMPANY.COM
Sourcewell Contract #120721-RVL
City of Modesto
501 N Jefferson St
Modesto, CA 95354
209-505-8023
N/A
#23..
- 741 -
1 LIST SELECTED
1 904055000 $ 2,267.00 $ 2,267.00
1 1 T76 Tractor and Accessories:
1 904110390 $ 1,476.00 $ 1,476.00
1 900410891 $ 1,685.00 $ 1,685.00
1 904401491 $ 1,453.00 $ 1,453.00
1 900406691 $ 1,540.00 $ 1,540.00
1 1 HD Systems:
1 V4004025 ORPHEUS HD Pan & Tilt with Zoom with Transmitter $ 35,568.00 $ 35,568.00 1 905244001 $ 1,802.00 $ 1,802.00
1 V9049001
$ 23,823.00 $ 23,823.00
1 V9040013 $ 6,684.00 $ 6,684.00
1 904116031 $ 7,811.00 $ 7,811.00
1 1
1 1 Sourcewell Build-Quote Summary
1 $ 84,109.00
1 $ 3,364.36
1 $ 80,744.64
1 1 $ 250.00
1 $ 80,994.64
1 1 $ 7,166.09
1 $ 88,160.73
Module/Options/Chassis Total:

Options Sourcewell Discount 4%:

Module/Options Total per Sourcewell Price Schedule:

Freight and PDI:

Total:

Modesto, CA- Sales Tax Rate 8.875%:

Total with Sales Tax:

T76 HD Camera Tractor
Mainline tractor for use in pipelines 5" and up
Zero turn radius, full steering with ATC (Auto Tilt Compensation) Includes lowering claw, toolset and 5"/6"/8"/10" wheelsets If using as a mainline crawler - requires V9040013 below T76 can be used as the chassis for the LISY 3.2 HD Extension Add the elevator to help in larger pipelines.

T76/86 3.2 S HD Camera Base Module;
Includes transmitter ( (33kHz) and (512Hz), required for HD cameras T76/86 Camera Elevator Raise the Camera into the center of the pipe remotely Tungsten Carbide Wheels for T76/86/PANO 2 in 6" and up
Tungsten Carbide Wheels for T76/86/PANO 2 in 8" and up
T76/86/PANO 2 Treaded Wheelset for 12" and up on T76 (Hard) Large Pneumatic Tires for T76/86/PANORAMO/LISY (Black)
Adapter - 8HD-10HD (req. to connect Orion 3 to CB3.2 or CC 2.1-5-1 HD) Camera Connection TYPE 2.1 HD for T66HD -Standard straight connector. #23..
- 742 -
1 1
1 1
Customer:
1 By:
1 Date:
1 Email:
• Acceptance of this Proposal is subject to availability of the Equipment listed above.

RapidView LLC (Vendor) reserves
the right to increase the price of vehicle chassis, trailers, and all-terrain vehicles in proportion to any increase of costs to the VENDOR between the date of acceptance of the order and the date of delivery (including without limitation costs relating to exchange rates, model year changes, manufacturer price increases, labor, materials, transport and taxes). ***Surcharges or rate increases issued by manufacturer that affect this quote following quote acceptance, but prior to order delivery, will be the responsibility of Buyer. Any surcharge or increase that is applied to this purchase will be applied at same cost as issued by manufacturer.*** above only when signed by the customer or one of its officers.

Stephanie Prescott
Stephanie Prescott
Regional Sales Representative
760-644-5147
[email protected]
This proposal becomes a contract for delivery and payment of the merchandise listed • Sales Price does not include any applicable sales taxes. Buyer is responsible for and agrees to pay all applicable sales tax.
• The Sale of New Equipment Terms and Conditions are incorporated into and made a part of this Proposal upon acceptance and execution of this Proposal by both parties. • Execution of this Proposal by Seller and Buyer constitutes a binding agreement between the parties. • If this Proposal is not executed by both parties within thirty (30) calendar days from the Proposal Date, this Proposal shall become null and void, unless subsequently executed by both Buyer and Seller.

Thank you for your consideration of this proposal.

Sincerely yours,
Terms and Conditions
#23..
- 743 -

INVOICE INFORMATION
Sold to: Name
Address
Contact
Phone #
Email Address:

Ship to: Name
Address
Contact
Phone #
Email Address

PLEASE SELECT TYPE OF BUSINESS
Environmental ___________Petro Chemical_______ Gas & Oil_________________ Sewer & Water_______ Industrial Plant___________Utility_______________ Municipal________________ Other_______________ Customer Signature:
#23..
- 744 -
1 PIGGYBACK # 2223-47

CCTV EQUIPMENT

BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#23..
- 745 -
2 PIGGYBACK # 2223-47

CCTV EQUIPMENT
Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:

N/A
Jack Doheny Company
#23..
- 746 -
Advanced Pace
Technologies, LLC dba
Advanced Plumbing
Technology Aries Industries
Best Equipment Company,
Inc. (Envirosight, LLC) CUES, Inc
DuCo, LLC (Rausch
Electronics USA, LLC) HBM Group, Inc. Hurco Technologies, Inc.

Possible Points
Conformance to Terms/ Conditions to
Include Documentation 50 44 44 38 34 41
Pricing 400 347 334 304 338 331
Financial, Industry and Marketplace 75 65 62 62 58 59
Bidder's Ability to Sell/ Service Contract
Nationally 100 84 89 82 74 70
Bidder's Marketing Plan 50 43 44 37 41 39
Value Added Attributes 75 65 65 54 60 57
Warranty Coverages and Information 50 43 41 41 42 41
Selection and Variety of Products and
Services Offered 200 163 159 157 163 143
Total Points 1,000 854 838 775 810 781
Rank Order 1364 5
Infratech Solutions, LLC
Insight Vision Cameras
(Alliance Technology, LLC) RapidView, LLC
SB Manufacturing, Inc.
(Superior Broom, Inc.)
Visual Imaging Resources,LLC dba VIR Proteus
Wachs Utility Products
(Illinois Tool Works)
Possible Points
Conformance to Terms/ Conditions to
Include Documentation 50 32 35 44 38 35
Pricing 400 241 276 329 321 288
Financial, Industry and Marketplace 75 48 57 68 58 59
Bidder's Ability to Sell/ Service Contract
Nationally 100 59 68 85 74 67
Bidder's Marketing Plan 50 32 37 44 38 31
Value Added Attributes 75 47 52 63 47 52
Warranty Coverages and Information 50 35 33 40 38 36
Selection and Variety of Products andServices Offered 200 153 145 166 149 126 Total Points 1,000 647 703 839 763 694
Rank Order 1082 79
Greg Grunig, Procurement Lead Analyst Chris Robinson, CPSM, Procurement Manager Brandon Town, CPSM, CPSD, Procurement Analyst Nick Scholer, Procurement Analyst Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services RFP #120721 Proposal Evaluation








 








#23..
- 747 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 6, 2023
Date: June 1, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Sale of Asset #20155-00 JWC Compactor with Auger and Grinder CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500. (Funding Source: Sewer Operations 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:

Asset # 20155-00, JWC Compactor with Auger and Grinder, currently located at Modesto’s Sutter Avenue Water Quality Control Facility, was taken out of service during the recently completed Headworks Capital Improvement Project. It was used to grind material from the Climber screen.

It was in use for over 20 years and was ultimately taken out of service as it was deemed out-ofdate and obsolete. The City of Modesto has since gone with a Sluice way and grinder to handle the debris from the fine screens.

DISCUSSION:

The City of Modesto Wastewater Division would like to sell Asset # 20155-00, to the City of Manteca, as they currently use the same make and model. Therefore, the City of Manteca can utilize the old asset as well as the remaining outdated mechanical seals that go with it.

Modesto Municipal Code Section 8-3.501(c) states that the Purchasing Manager, when designated by the City Manager, may also transfer any surplus personal property to another governmental agency or to a quasi-public agency by negotiated sale, exchange, loan, or gift; provided that gifts hereunder to any agency shall not exceed an aggregate value of five thousand dollars ($5,000.00) annually. "Quasi-public agency," as used in this subsection, means a taxexempt nonprofit corporation which is currently engaged in a public project financed in whole or #24..
- 748 -
City Council, June 6, 2023
Sale of Asset #20155-00 JWC Compactor with Auger and Grinder

in part by public funds pursuant to contract or grant agreement with a governmental agency, whose assets, upon dissolution, will not be distributable to or for any private person or purpose.

FISCAL IMPACT:

Finance advised that the determination of a ‘fair market value’ would be a matter for the expert and/or experienced personnel associated with the item being valued. A fair price of $6,500 was set for the equipment based on its condition, age, and other factors. By selling through a traditional sales process rather than relying on the unpredictability of an auction, helps to ensure that the City gets a fair price for their equipment.

Revenue received from the sale of this asset will be deposited into the Sewer Operations Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on May 1, 2023, with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500.

Approved by:

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

1. Resolution
#24..
- 749 -
06/06/2023/Utilities/WWong/Item XX 1 2023-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?
RESOLUTION APPROVING THE SALE OF ASSET # 20155-00, JWC

COMPACTOR WITH AUGER AND GRINDER, TO THE CITY OF MANTECA FOR $6,500
WHEREAS, the City of Modesto Wastewater Division would like to sell Asset # 20155-00, to the City of Manteca, as they currently use the same make and model.

Therefore, the City of Manteca can utilize the old asset as well as the remaining outdated mechanical seals that go with it; and
WHEREAS, Modesto Municipal Code Section 8-3.501(c) states that the Purchasing Manager, when designated by the City Manager, may also transfer any surplus personal property to another governmental agency or to a quasi-public agency by negotiated sale, exchange, loan, or gift; provided that gifts hereunder to any agency shall not exceed an aggregate value of five thousand dollars ($5,000.00) annually. "Quasipublic agency," as used in this subsection, means a tax-exempt nonprofit corporation which is currently engaged in a public project financed in whole or in part by public funds pursuant to contract or grant agreement with a governmental agency, whose assets, upon dissolution, will not be distributable to or for any private person or purpose; and WHEREAS, Finance advised that the determination of a ‘fair market value’ would be a matter for the expert and/or experienced personnel associated with the item being valued. A fair price of $6,500 was set for the equipment based on its condition, age, and other factors. By selling through a traditional sales process rather than relying on the unpredictability of an auction, helps to ensure that the City gets a fair price for their equipment; and
#24..
- 750 -
06/06/2023/Utilities/WWong/Item XX 2 2023-XX
WHEREAS, revenue received from the sale of this asset will be deposited into the Sewer Operations Fund.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 6th day of June 2023, 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: _______
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
#24..
- 751 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 6, 2023
Date: May 25, 2023
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Hearing to consider and approve the Final Proposed Fiscal Year 2023-24 Operating and MultiYear Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The budget development process begins annually for the City, and its many departments, in October of each fiscal year. This budget cycle continues through February as departments develop their budgets which are then presented to the City Manager and the Mayor for initial review in March. After the budgets are presented, the City Manager, along with staff, develop a preliminary Draft Budget that is presented to the Finance Committee in April. The preliminary Draft Budget presented to Finance Committee included a General Fund budget that had an operating expenditure budget of $184.3 million as well as the first annual Measure H Spending Plan which includes proposed expenditures of $27.1 million from the recently passed Measure H Sales Tax Fund.

The City Manager’s preliminary Draft Budget for Fiscal Year 2023-24 was presented to the Finance Committee during the budget workshops held the week of April 17, 2023. On April 17th, April 18th, and April 19th, the Finance Committee held public workshops on the preliminary Draft Budget totaling approximately $526 million for all funds. The public received notice of these workshops through the City’s website, social media, and other print media. The agendas for these meetings are attached to this report (Attachment 3). #25..
- 752 -
City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

DISCUSSION:

The final proposed budget for Fiscal Year 2023-24 contains total General Fund revenues of $178.1M and a total expenditure budget of $184.3M (inclusive of a 5% Variance rate of $7.5M) prior to any adjustments. This resulted in a projected shortfall of $6.2M that is contributed to the ongoing budgeted structural deficit that occurs in the General Fund. The cause of the structural deficit continues to be the rate of growth of expenditures outpacing the growth of revenues.

While revenues are rising from the current budgeted amounts, the pace at which they are increasing (2%) is lower than the pace of growth for expenditures (4%). For example, pension costs continue to rise and other costs for discretionary related expenditures are rising as well due to the increases in inflation. The shortfall amount is proposed to be offset by revenues that will be received through the Measure H Sales Tax in the upcoming fiscal year.

Measure H Sales Tax
The Measure H one-cent sales tax for general city services, was approved by the voters on November 8, 2022. It is estimated to generate $41.8 million annually in sales tax revenue for the City of Modesto. These funds will be critical in improving the services and infrastructure for the residents of Modesto. As part of addressing those needs, the Proposed Budget has included a Measure H Spending Plan that works towards achieving those goals and improving the quality of life for residents of Modesto.

The Measure H Spending Plan for Fiscal Year 2023-24 looks to appropriate $27.1 million in Measure H funds across various categories to address the types of expenditures that were included with the Measure H ballot language. Expenditures to support the following:
 Addressing homelessness.
 Supporting neighborhood police patrols, gang, drug, and crime prevention.  Supporting fire protection and paramedic/911 emergency response.  Fixing and maintaining roads and sidewalks.
 Keeping parks, recreation facilities, and public areas safe and clear of trash and litter.

The following chart provides a breakdown of the proposed funding for Measure H in Fiscal Year 2023-24 in its various categories:

Category Measure H Spending Plan
Parks Improvements $ 9,408,424
Public Safety $ 5,751,547
Fire/EMS $ 4,107,920
Forestry $ 2,345,127
Equipment $ 2,213,405
Sidewalk $ 1,800,000
Blight $ 151,656
Homelessness $ 595,290
Measure H Admin Support $ 385,037
Deferred Maintenance $ 358,037
Totals $ 27,116,443
The specific program improvements for each of the amounts referenced in the chart above can be found in the FY 2023-24 Proposed Budget book and in Exhibit 2 (FY 2023-24 Proposed Measure H Spending Plan Adjustments).
#25..
- 753 -
City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

Proposed Budget Goals and Budget Principles
Attachment 4 provides the City’s Recommended Budget Principles. The Council’s consideration and adoption of the Final Proposed Budget inclusive of the Budget Principles is requested.

The Proposed Operating Budget
The Final Proposed Operating Budget for FY 2023-24 signifies a change in the financial stability of the City of Modesto. With the passing of Measure H and the economic emergency from the COVID-19 pandemic, this budget reflects a movement towards improving the quality of services and the quality of life of the residents. There are additional funds being appropriated through the Measure H Spending Plan that will result in deferred maintenance and park improvements made throughout the city, increases to funding for critical needs in the areas of Public Safety and Fire Emergency Medical Services as well as funding for homeless, blight, and forestry.

While increased revenues from the Measure H Sales Tax are a direct link to revitalization of city services for residents, this organization along with the installation of the Measure H Oversight Board will continue to be a vigilant steward of these critical public funds. With increasing inflation, costs of goods and services, and pensions it will be important to continue to monitor spending across all the City’s funding sources.

Revenues continue to recover as we move through Fiscal Year 2022-23 and they continue to show steady improvement in the areas of Sales Tax, Property Tax, Transient Occupancy Tax, and Business License/Mill Tax. These four revenue categories represent 59% of the total General Fund operating revenues for Fiscal Year 2023-24. Total budgeted revenues are estimated to continue to grow in the Proposed Budget year by 2% from Fiscal Year 2022-23 budgeted revenues.

While this is a positive trend for General Fund revenues, General Fund expenditures also continue to rise, outpacing the increase of the revenues. In Fiscal Year 2023-24, total budgeted expenditures, including the variance rate, are increasing by 4.2% when compared to the current budget for Fiscal Year 2022-23 expenditures.

Three additional areas that will be closely monitored are the Centre Plaza Fund, Golf Fund, and Parking Fund. The revenue sources in these areas have been impacted since the economic COVID-19 shutdown in mid-March but are showing signs of improvement in the case of the Golf Fund. Since the reopening of business, the Golf Fund has shown increases in their revenues as rounds of golf increased and continue to remain high. There will also be the full repayment of bonds that have had payments from the Golf Fund. These bonds will mature in November 2023, and this will increase the funds fiscal sustainability. The Center Plaza rental revenue continues to be sparse as business travel and conventions are slow to recover. Events continue to be sporadic and rental revenues at the Centre Plaza remain low. The Parking Fund continues to have revenue impacts that have affected its ability to be self-sufficient. There are currently plans underway to assess the Parking Operations and needs of the customers that use the parking in the Modesto Downtown area. The plan is to improve customer usability and services provided while working to make the fund self-sustaining. These three areas will continue to be monitored throughout Fiscal Year 2023-24 as the General Fund provides subsidies to each.

All other non-General Fund budgets, which include the Water, Wastewater, and various Internal Service Funds continue to be solvent. These funds have been reviewed by City staff to ensure #25..
- 754 -
City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

any adjustments to the programs funded by these non-General Funds continue at appropriate levels for the citizens of Modesto.

In the proposed budget there are also a small number of adjustments that have been approved for some General Fund and Non-General Fund departments. For a complete listing of these proposed adjustments, refer to Exhibit 1.

Position allocation changes are a necessary part of the budget adoption process each fiscal year. With changes brought forward as part of the Measure H and Non-Measure H adjustments there have been changes to job classifications, class range tables, and the overall position allocations to add new positions. These changes can be seen in Attachments 5, 6, 7 and 8 and Exhibits 6 and 7.

Capital Improvement Program (CIP) Budget
The CIP includes 180 projects for FY 2023-24 of which 13 are classified as new projects increasing the overall CIP by $13.4 million. Below is a table that shows the breakdown of the proposed amounts for the 13 new projects:

New or Future Projects Breakdown
# of New Projects FY 2023-24 Budget
American Rescue Grants Fund-1390 2 $1,174,928
Capital Grants - CIP Projects-3140 1 $100,000
Capital Grants - Streets CIP Projects-3160 2 $1,099,037 Measure L - Capital Projects-3300 1 $2,990,000
Water Fund - CIP Projects-4180 4 $5,981,848
Sewer Operations Fund-4210 1 $1,235,000
JPA - TRRP Special Revenue Fund - CIP-6710 1 $450,000
TRRP - Special Revenue Fund-6720 1 $350,000
Grand Total 13 $13,380,813
A joint meeting was held with the Finance Committee and Planning Commission on May 15, 2023, to review the proposed CIP budget. The Planning Commission made a finding that all projects complied with the City’s General Plan. The Finance Committee recommended that the proposed CIP budget be brought forward to Council for consideration and adoption with a 3-0 vote.

Included in this report is a copy of the minutes and the resolution acknowledging confirmation that the CIP budget conforms to the Modesto Urban Area General Plan pursuant to Section 65401 of the Government Code (Attachments 1 and 2).

Policy
In addition to the operating budget and the CIP budget, policy recommendations must be considered by Council as part of the proposed budget. The policy recommendation included as part of the budget adoption is noted below and can be found in Exhibit 3:
#25..
- 755 -
City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

 Approve the modification of the General Fund Unassigned Carryover Reserves Policy to include an additional category of the Innovation Fund and modifying the current 1/3 policy to change the allocation of fiscal year-end General Fund Unassigned Carryover to be assigned 1/4 to the General Fund Emergency Reserves, 1/4 to the Pension Trust, 1/4 to Deferred Maintenance, and 1/4 to the Innovation Fund.

This proposed policy was discussed and reviewed at the Finance Committee Budget Workshops and recommended for review and approval by the City Council as part of the budget adoption. The change to the policy will add a fourth category to the General Fund Unassigned Carryover Reserves policy, named the Innovation Fund. This new category will be used as a set-aside of funding for Council to fund potential projects or plans that would result in meaningful transformation across the City of Modesto and impactful improvements on quality of life for the citizens of Modesto.

FISCAL IMPACT:

The proposed Fiscal Year 2023-24 General Fund contains an operating expenditure budget of approximately $184.3 million (including Transfers Out of $8 million). Public safety remains the largest portion of the General Fund at $143.9 million, which is 78% of the total General Fund operating expenditure budget. The proposed budget for Fiscal Year 2023-24 also includes some additional General Fund adjustments that are included in the total expenditure budget, in the amount of $473k. The details for these adjustments can be found in Exhibit 1.

The Measure H Sales Tax will bring in an additional annual revenue estimated to be approximately $41.8 million. As part of the budget, inclusion of the Fiscal Year 2023-24 Measure H Spending Plan provides expenditure appropriations in the amount of $27.1 million.

The funding is spread across multiple departments and categories of spending. The details for these adjustments can be found in Exhibit 2.

Below is a chart that provides the final proposed budget for the various funds and their operating budgets:

Fund Name Amount
General Fund $ 184,289,630
Internal Service Funds $ 93,956,124
Water Enterprise Funds $ 67,378,280
Wastewater Enterprise Funds $ 48,786,777
Other Funds $ 31,228,273
Measure H Fund $ 27,116,443
Insurance Funds $ 23,167,660
Solid Waste Fund $ 16,711,353
Surface Transportation Funds $ 15,368,774
Storm Drainage Fund $ 8,423,088
Golf Fund $ 3,809,332
Parking Fund $ 2,471,686
Centre Plaza Fund $ 1,842,734
Aiport Fund $ 1,423,620
TOTAL ALL FUNDS $ 525,973,774
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City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

The General Fund continues to be the largest portion of the City’s total expenditure budget at 35% with the Internal Services Funds (18%) and Water (13%) and Wastewater (9%) Enterprise Funds following behind.

The Proposed Budget can be found on the City’s website at the following link:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/3809 COMMITTEE RECOMMENDATION:

The Finance Committee, by a 3-0 vote on April 19, 2023, recommended forwarding the Fiscal Year 2023-24 preliminary Draft Budget to the City Council for consideration. The Proposed Budget being presented for deliberation includes adjustments to the General Fund and NonGeneral Fund as detailed in Exhibit 1 and the adjustments included as part of the Fiscal Year 2023-24 Measure H Spending Plan.

One last section of the Proposed Budget is the cleanup of items related to the Proposed Budget for Fiscal Year 2023-24. These items are technical in nature and are required as part of ensuring that departments have the appropriate spending authority based upon actions that were presented during the budget process at various phases. These addendum items can all be examined in Exhibit 5.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the adoption of the Fiscal Year 2023-24 Annual and Multi-Year Operating Budgets and the 2023-24 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.

Resolution approving the Budget Principles, Policy on General Fund Unassigned Carryover Reserves, and the Operating Budget Policy as Outlined in the Fiscal Year 2023-24 Final Proposed Budget.

Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.

Resolution amending the Position Allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.

Approved by:

Stephan Christensen, Budget Manager
Joseph P. Lopez, City Manager
Attachments:

1. FY 24 CIP Finance Committee Planning Commission Meeting Minutes

2. FY 24 CIP Finance Committee Planning Commission Resolution

3. FY 2023-24 Finance Committee Budget Workshop Minutes (April 17 through April 19, 2023) #25..
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City Council, June 6, 2023
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City of Modesto

4. FY 2023-24 Budget Principles

5. 100 Series - Class Range Table 06.20.23

6. 400 Series - Represented M&C Nonsworn Class Range Table 06.20.23

7. 1100 Series - Public Safety Nonsworn Class Range Table 06.20.23

8. 1400 Series - Executive Management 06.20.23

9. Resolution Approving FY 2023-24 Operating Budget, MY Budget and CIP Budget

10. Resolution Approving Final Budget Modifications, Principles, Financial Policies

11. Resolution Amending Classification Plan

12. Resolution Amending Positions Allocation

13. Fiscal Year 2023-24 Proposed Operating and Multi-Year Non-Capital Budget https://www.modestogov.com/ArchiveCenter/ViewFile/Item/3809 Exhibits:

1. FY 2023-24 Proposed Non-Measure H Adjustments (GF and Non-GF)

2. FY 2023-24 Proposed Measure H Spending Plan Adjustments

3. City of Modesto Operating Budget Policy

4. FY 2023-24 Proposed Principles

5. FY 2023-24 Proposed Operating and Multi-Year Budget Addendum

6. Classification Agreement Attachment

7. Position Allocation Resolution Attachment

8. Job Spec - Electrician - Traffic and Buildings

9. Job Spec - Associate Landscape Architect - Associate Architect

10. Job Spec - Director of Engineering Services

11. Job Spec - Electrician Apprentice I-II-III

12. Job Spec - Fire Assistant Chief

13. Job Spec - Forestry Manager

14. Job Spec - ICMA Management Fellow

15. Job Spec - Junior-Assistant Landscape Designer

16. Job Spec - Police Hiring Supervisor

17. Job Spec - Police Park Ranger

18. Job Spec - Process Control System Technician Trainee - Technician

19. Job Spec - Public Safety Communications Manager

20. Job Spec - Public Safety Information Officer

21. Job Spec - Public Safety Outreach Specialist

22. Job Spec - Senior Public Safety Outreach Specialist

23. Job Spec - Senior Public Works Manager

24. Job Spec - Solid Waste Specialist

25. Job Spec - Senior Landscape Architect - Senior Architect #25..
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City of Modesto Planning Commission
Minutes
May 15, 2023
1 Being the hour of 6:00 pm, the meeting was called to order by Chairperson Silva.

I. ROLL CALL
Commissioners Russell, Shanks, Silva, and Vohra present Commissioners Birring and Vazquez absent
MOTION
It was moved by Commissioner Vohra, seconded by Commissioner Shanks, and carried unanimously that Commissioners Birring and Vazquez be excused from this meeting.

Committee Members Bavaro, Escutia- Braaton, and Wright present.

II. CONFLICT OF INTEREST DECLARATION
None
III. PUBLIC HEARINGS
Item A Fiscal Year 2022-23 Capital Improvement Program
Contact Info: Steve Christensen, Budget Manager, 577-5267 [email protected],
Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Shanks, and carried unanimously 4-0 (Russell, Shanks, Vohra, Silva, ayes; None, noes; Birring, Vazquez, absent; None, recused) that the Planning Commission adopt Resolution No. 2023-15 A

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MODESTO FINDING THE FISCAL YEAR 2023-2024 CAPITAL IMPROVEMENT PROGRAM IN CONFORMANCE WITH THE MODESTO URBAN AREA GENERAL PLAN PURSUANT TO SECTION 65401 OF THE

GOVERNMENT CODE (CITY OF MODESTO)
Motion/Action (Approved)
It was moved by Committee Member Escutia- Braaton, seconded by Committee Member Bavaro, and carried unanimously 3-0 (Bavaro, Escutia- Braaton, ayes; None, noes; None, absent; None, recused) that the Finance Committee adopt Resolution No. 2023-15 A

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MODESTO FINDING THE FISCAL YEAR 2023-2024 CAPITAL IMPROVEMENT PROGRAM IN CONFORMANCE WITH THE MODESTO URBAN AREA GENERAL PLAN PURSUANT TO SECTION 65401 OF THE

GOVERNMENT CODE (CITY OF MODESTO)
V. OTHER BUSINESS
None.

VI. ORAL COMMUNICATIONS
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Planning Commission Minutes 2 May 15, 2023
None.

VII. MATTERS TOO LATE FOR THE AGENDA
None.

VIII. ADJOURNMENT
The meeting was adjourned at 7:10 pm.

Original, signed copy on file in CEDD
Jessica Hill, Secretary
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www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Chambers, Basement Level
1010 10th Street
Modesto, California
Monday, April 17, 2023 at 5:00 PM
Roll Call: Present: Vice-Chair Escutia-Braaton and Chair Wright Alternate Member Williams

Absent: Member Bavaro
Also Present: Councilmember Alvarez

PUBLIC COMMENTS
None

NEW BUSINESS
Presentations:

City of Modesto Budget Overview
• Budget Overview Presentation:

Budget Manager Steve Christensen gave Presentation: General Fund Daft Proposed Operating Budget; General Fund Draft Proposed Revenues; General Fund Revenue History; General Fund Draft Proposed Expenditures; General Fund Expenditure History; General Fund Revenues and Expenditures History; Proposed Non-Measure H Adjustments; , Current Policy for General Fund Unassigned Reserves/Carryover; Staff Recommendations for Revisions to Financial Policy on General Fund Reserves/Carryover; Measure H Overview; Other Major Funds #25..
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Department Presentations
• Quality of Life
• Police Department
Police Chief Brandon Gillespie gave General Fund presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
• Fire Department
Fire Chief Alan Ernst gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
• Parks, Recreation & Neighborhoods Department
Parks, Recreation & Neighborhoods Director Laurie Smith gave Presentation:

Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Recessed at 6:35 p.m.

Reconvened 6:47 p.m.
• Charter Offices
• City Manager’s Office
City Manager Joe Lopez gave Presentation: Department Overview; Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
• City Attorney’s Office
City Attorney Jose Sanchez gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Vice Chair Escutia-Braaton left at 6:22 p.m./returned at 7:09 p.m. • City Clerk’s Office
City Clerk Diane Nayares-Perez gave Presentation - Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
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• Community & Economic Development Department
Community & Economic Development Department Interim Director Jessica Hill gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Presentations will continue at the April 18, 2023, Finance Committee meeting.

ADJOURNMENT
This meeting adjourned at 7:32 p.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
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*Via Conference Call
Vice Mayor Ricci
City of La Quinta
Study Session Room
78495 Calle Tampico
La Quinta, CA. 92253
www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Chambers, Basement Level
1010 10th Street
Modesto, California
Tuesday, April 18, 2023 at 8:30 AM
Roll Call: Present: Vice-Chair Escutia-Braaton and Chair Wright Alternate Member Williams

Absent: Member Bavaro
Also Present: Councilmember Alvarez, *Vice Mayor Ricci

PUBLIC COMMENTS
None.

NEW BUSINESS
Presentations continued:
• Departments
• Public Works Department
Public Works Director, Bill Sandhu gave Non-General Fund presentation: Department Overview, Department Priorities for Fiscal Year 2023- 2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges. • Information Technology Department
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Information Technology Director Scott Conn gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Councilmember Alvarez left at 9:25 a.m.

Recessed at 9:41 a.m.

Reconvened at 9:51 a.m.
• Finance Department
Director of Finance, DeAnna Christensen gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
• Human Resources Department
Human Resources Director, Christina Alger gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.
• Risk Management & Benefits Division
• Employee Benefits Fund
• Workers Compensation Fund
• Liability Fund
Human Resources Director, Christina Alger gave Presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Councilmember Alvarez returned at 10:37 a.m.
• Utilities Department
Utilities Director, Will Wong gave presentation: Department Overview, Department Priorities for Fiscal Year 2023-2024, Organizational Chart and Department Staffing, Departmental Revenues & Expenditures, Departmental Opportunities, Departmental Challenges.

Special Presentations
• Organizational Structure Changes Presentation
Human Resources Director, Christina Alger gave Presentation: Background; Overview of Recommended Changes by Department; Neighborhood Preservation; Single Class Audits.
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Vice Mayor Ricci left at 11:58 a.m.

Recessed at 11:58 a.m.

Reconvened at 1:00 p.m.
• Equipment/Hardware/Software Maintenance Presentation
Director of Finance, DeAnna Christensen gave overview of Equipment Maintenance; Type of Equipment, List of Maintenance Agreements, Funding Sources; Director of IT, Scott Conn gave overview of Software Maintenance, Type of Software, List of Maintenance Agreements, Funding Sources • Revenue Manual/Fee Increases Presentation
Director of Finance, DeAnna Christensen gave overview of revenue manual and potential fee increases along with Revenue Collections and Compliance Manager Jennifer Martin. Interim Director of CEDD, Jessica Hill gave proposed Fee changes for CEDD. Director of PRN, Laurie Smith gave proposed Fee changes presentation for PRND. Director of Public Works, Bill Sandhu gave proposed Fee changes presentation for PW. Director of Utilities, Will Wong gave proposed Fee changes for UTL.
• Grant Status Update Presentation
Director of Finance, DeAnna Christensen opened up the presentation on updates of grant applications and awards by department. Interim Director of CEDD, Jessica Hill gave update for grant applications and awards and proposed grant applications for CEDD. Assistant Fire Deputy Chief Kevin Wise gave update for grant applications and awards and proposed grant applications for Fire Department. Chief Brandon Gillespie gave update for grant applications and awards and proposed grant applications for Police Department. Director Bill Sandhu gave update for grant applications and awards and proposed grant applications for Public Works. Director Will Wong gave update for grant applications and awards and proposed grant applications for Utilities.

Presentations will continue at the April 19, 2023, Finance Committee meeting.

ADJOURNMENT
This meeting adjourned at 3:00 p.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
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*Via Conference Call
Vice Mayor Ricci
City of La Quinta
Council Chambers
78495 Calle Tampico
La Quinta, CA. 92253
www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Chambers, Basement Level
1010 10th Street
Modesto, California
Wednesday, April 19 2023 at 8:30 AM
Roll Call: Present: Vice-Chair Escutia-Braaton and Chair Wright Alternate Member Williams

Absent: Member Bavaro
Also Present: Councilmember Alvarez (Arrived 10:06 a.m.), *Vice Mayor Ricci (Arrived 8:34 a.m.)

PUBLIC COMMENTS
 Chris Murphy spoke regarding the Graffiti USA Classic Car Museum, California Welcome Center, and travelling tourism. Requested ARPA funds that will be matched by a sponsor to help with the continued financial support from the City.  John Sanders spoke regarding needing financial support for the Graffiti USA Classic Car Museum for renovations and maintenance.
 Cecil Russel spoke regarding needing financial support for the Graffiti USA Classic Car Museum for renovations and maintenance and continued use of local craftsmen along with building tourism.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED: No Consent Items

NEW BUSINESS
Special Presentations continued:
• Deferred Maintenance Presentation
Director Laurie Smith gave a presentation of deferred maintenance for Parks, Recreation, and Neighborhood Department. Director Bill Sandhu gave a presentation of deferred maintenance for Public Works Department. Director Will Wong gave a presentation of deferred maintenance for the Utilities Department. • Pension Presentation
Human Resources Director Christina Alger gave a pension presentation of CalPers Unfunded Accrued Liability.

Recessed at 9:49 a.m.

Reconvened at 9:57 a.m.
• Sponsorships Presentation
Parks, Recreation, and Neighborhood Director Laurie Smith gave a presentation on Sponsorships.
• American Rescue Plan Act (ARPA) Presentation
Finance Director DeAnna Christensen gave ARPA funding presentation. • Measure H Presentation
Budget Manager Stephan Christensen opened up and gave Measure H presentation. City Attorney Jose Sanchez gave Measure H presentation. Police Chief Brandon Gillespie gave Measure H presentation. Fire Chief Alan Ernst gave Measure H presentation. Parks, Recreation, and Neighborhood Director Laurie Smith gave Measure H presentation. CEDD Interim Director Jessica Hill gave Measure H presentation.

Vice Mayor Ricci left at 11:44 a.m.

Recessed at 11:44 a.m.

Reconvened at 1:01 p.m.
• Measure H Presentation continued:
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Public Works Director Bill Sandhu gave Measure H presentation. IT Director Scott Conn gave Measure H presentation. Budget Manager Stephan Christensen gave Measure H Admin Support Adjustments and Spending Plan Recap. • Follow-up
Budget Manager Stephan Christensen gave follow up. Police Chief Brandon Gillespie followed up on Fuel Expenditures. Public Works Director Bill Sandhu followed up on Bulky Item Pickup and Fuel Contracts and Terms. Human Resources Director Christina Alger followed up on open positions. Director Will Wong followed up on five-year history on the Water and Wastewater Funds. CEDD Interim Director Jessica Hill followed up on Development User Fees and Building Permit Fees for Single Family Homes, Cost Recovery for Land Design Engineering and Building Permits, and Current Building Permits. Parks, Recreation, and Neighborhood Director Laurie Smith followed up on fees/revenues by renting the Mansion and Museum.
• Recap and Committee Recommendations
Budget Manager Stephan Christensen gave a recap of the Budget Workshop.

1. Consider accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget for the City of Modesto. (Funding Source: All City Funds)
 Motion accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget for the City of Modesto.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Williams/Escutia-Braaton; 3/0) Motion accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget for the City of Modesto.

2. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation. (Funding Source: American Rescue Plan Act Fund)  Motion approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

BUDGET; Steve Christensen, 209-577-5390, [email protected] #25..
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ACTION: (Escutia-Braaton/Williams; 3/0) Motion approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

3. Consider accepting the changes to the City’s Financial Policies as it relates to General Fund Unassigned Reserves/Carryover at Fiscal Year-End and forwarding to Council for approval. (Funding Source: General Fund)
 Motion accepting the changes to the City’s Financial Policies as it relates to General Fund Unassigned Reserves/Carryover at Fiscal Year-End and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 3/0) Motion accepting the changes to the City’s Financial Policies as it relates to General Fund Unassigned Reserves/Carryover at Fiscal Year-End and forwarding to Council for approval.

4. Consider approving payment of various equipment maintenance agreements for Fiscal Year 2023-24 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $896,155 and forwarding to Council for approval. (Funding Sources: Various City Funds)
 Motion approving payment of various equipment maintenance agreements for Fiscal Year 2023-24 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $896,155 and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Williams/Escutia-Braaton; 3/0) Motion approving payment of various equipment maintenance agreements for Fiscal Year 2023-24 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $896,155 and forwarding to Council for approval.

5. Consider approving payment of various software / hardware maintenance agreements for Fiscal Year 2023-24 with multiple vendors for all City Departments, for an annual cost not to exceed $6,435,813 and forwarding to Council for approval. (Funding Source:

Various City Funds)
 Motion approving payment of various software / hardware maintenance agreements for Fiscal Year 2023-24 with multiple vendors for all City Departments, for an annual cost not to exceed $6,435,813 and forwarding to Council for approval.
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BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 3/0) Motion approving payment of various software / hardware maintenance agreements for Fiscal Year 2023-24 with multiple vendors for all City Departments, for an annual cost not to exceed $6,435,813 and forwarding to Council for approval.

6. Consider approving the changes related to the reorganizations as specified during the Budget Workshops and forwarding to Council for approval. (Funding Source: Various City Funds)
 Motion approving the changes related to the reorganizations as specified during the Budget Workshops and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 3/0) Motion approving the changes related to the reorganizations as specified during the Budget Workshops and forwarding to Council for approval.

ADJOURNMENT
This meeting adjourned at 2:18 p.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
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Attachment 4 – FY2023-24 Budget Principles
Recommended Budget Principles

1. Annually Adopt a Structurally Balanced Budget
A structurally balance budget means on-going revenues and on-going expenditures are in balance with on-going revenues meeting or exceeding expenditures during the same time period. If a structural imbalance occurs, a plan must be developed and implemented to bring the budget back into balance.

2. Use of One-Time Resources
Once brought into balance, one-time revenues (excess reserves about reasonable risk calculations, revenue spikes, prior year budget savings, sale of property, etc) shall not be used for current or new on-going operating costs. Examples of appropriate uses of one-time revenues include early retirement of debt, capital expenditures without significant operating or maintenance costs, and other non-reoccurring expenditures.

3. Budget Revisions
New programs, services, or staffing requests are considered in light of the Council’s priorities and shall include a spending offset at the time of the request so that the request has a net-zero impact on the budget.

4. Reserves
All City funds must maintain an adequate reserve level and/or ending fund balance as determined annually as appropriate for each fund. For the General Fund, the Emergency Reserve amount, is currently $18.4 million and shall be maintained. Any use of the General Fund Emergency Reserves will require a majority vote of the Council.

5. Debt Issuance
Long-term General Fund debt will not be incurred to support on-going operating costs (other than debt service) unless such issuance achieves net operating cost savings and such savings can be independently verified. All General Fund debt issuances shall identify a method of repayment or have a dedicated revenue source.

6. Employee Compensation
Recognizing that employees are the City’s major resource, negotiations for employee compensation shall focus on the total compensation costs (e.g. increases in salary, steps, and benefit costs) while considering the City’s fiscal condition, revenue growth, and changes in the cost of living.

7. Capital Improvement Projects
Capital Improvement Projects shall not proceed for projects with annual operating and maintenance costs in the General Fund without City Council certification that funding will be available in the applicable year of the cost impact. Certification shall demonstrate that the entire cost of the project, including operating and maintenance costs, will not require a decrease in the City’s core services.

8. Fees and Charges
The development of fees and fee increases shall be utilized where appropriate to assure fee program costs are fully recovered by fee revenue.
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Attachment 4 – FY2023-24 Budget Principles

9. Grants
Staff will seek out, apply for, and effectively administer grants that address the City’s priorities, policy objectives, and provide an overall positive benefit to the City. Before a grant is pursued, staff shall provide a detailed fiscal analysis addressing both the immediate and long-term costs and benefits of the grant. With the exception of pilot projects, one-time grant revenues shall not be used to begin or support the costs of ongoing programs.

10. General Plan
The General Plan is the primary long-term fiscal planning tool. Recommendations to create new development capacity beyond the existing General Plan shall be analyzed to ensure that capital improvements and operating/maintenance costs are within the City’s financial capabilities.

11. Performance Measurement
All requests for funding shall include performance measure data so funding requests can be reviewed and approved in light of anticipated service level outcomes. #25..
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CITY OF MODESTO

CLASS RANGE TABLE

GENERAL NON-SWORN CLASSES
Effective June 20, 2023
______________________________________________________________________

RANGE TITLE
104 Custodian I
106 Engineering Intern
107 Administrative Office Assistant I
108 Custodian II
Parking Enforcement Officer
110 Account Clerk I
111 Administrative Office Assistant II
Custodian Crewleader
Exhibits Coordinator
114 Account Clerk II
Equipment Service Technician
Storeskeeper
115 Administrative Office Assistant III
116 Maintenance Worker I
117 Electrician Assistant I
118 Electrical and Instrumentation Technician Trainee
Senior Account Clerk
Senior Storeskeeper
Tree Trimmer I
119 Fleet Procurement Technician
Plant Mechanic Trainee
Production Technician
Senior Administrative Office Assistant
120 Assistant Buyer
Account Technician I
Equipment Operator I
Maintenance Worker II
Solid Waste Specialist
Utilities Services Worker I
121 Code Enforcement Officer I - Neighborhood Preservation Unit Electrician Assistant II
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City of Modesto
Class Range Table – General Non-Sworn Classes

RANGE TITLE
______________________________________________________________________

Groundskeeper
Water Resource Specialist
122 Accountant I
Administrative Services Technician I
Environmental Compliance Technician
Tree Trimmer II
123 Development Services Technician I
Engineering Assistant Trainee
Heavy Equipment Mechanic I
Laboratory Analyst I
Utilities Plant Operator Trainee
124 Account Technician II
Equipment Operator II
Community Development Program Specialist I
Electrician Assistant III
Equipment Operator
Parking Services Crewleader
Recreation Coordinator
Solid Waste Enforcement Officer
Utilities Services Worker II
Water Conservation Specialist
125 Code Enforcement Officer II - Neighborhood Preservation Unit Parks Maintenance Crewleader
Parks Maintenance Mechanic
126 Administrative Services Technician II
Airport Maintenance Worker
Building Maintenance Technician
Development Services Technician II
Fire Equipment Mechanic
Housing Financial Specialist
Housing Rehabilitation Specialist I
Multimedia Designer
Tree Trimmer Crewleader
127 Engineering Assistant I
Environmental Compliance Inspector I
Heavy Equipment Mechanic II
Laboratory Analyst II
Traffic Operations Technician
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City of Modesto
Class Range Table – General Non-Sworn Classes

RANGE TITLE
______________________________________________________________________

Utilities Plant Operator I
Welder/Fabricator
128 Building Inspector I
Community Development Program Specialist II
Cross Connection Specialist
Plant Mechanic I
Senior Equipment Operator
Utilities Services Worker III
Water Meter Technician
129 Head Groundskeeper
Senior Fire Equipment Mechanic
130 Housing Rehabilitation Specialist II
131 Airport Maintenance Crewleader
Electrical and Instrumentation Technician
Electrician - Traffic and Buildings
Engineering Assistant II
Environmental Compliance Inspector II
Heavy Equipment Mechanic Crewleader
Laboratory Analyst III
Traffic Striping Crewleader
Utilities Plant Operator II
132 Building Inspector II
Building Maintenance Specialist
Construction Inspector
Operations Crewleader
Plant Mechanic II
Senior Utilities Services Worker
134 Environmental Review Specialist
Plans Examiner
Senior Environmental Compliance Inspector
135 Electrician Crewleader
Engineering Project Coordinator
Process Control System Technician
Senior Utilities Plant Operator
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City of Modesto
Class Range Table – General Non-Sworn Classes

RANGE TITLE
______________________________________________________________________

136 Plant Maintenance Planner
Senior Building Inspector
Senior Construction Inspector
Senior Plant Mechanic
Survey Party Chief
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CITY OF MODESTO

CLASS RANGE TABLE

REPRESENTED MANAGEMENT AND CONFIDENTIAL NON-SWORN CLASSES Effective June 20, 2023

RANGE TITLE

410 Account Clerk I (Confidential)
411 Administrative Office Assistant II (Confidential)
414 Account Clerk II (Confidential)
415 Administrative Office Assistant III (Confidential)
Human Resources Assistant
Police Support Specialist II (Confidential)
ICMA Management Fellow
417 Parking Enforcement Officer
419 Senior Administrative Office Assistant (Confidential) Senior Human Resources Assistant
420 Workers’ Compensation Claims Assistant
Account Technician I (Confidential)
421 Legal Secretary I
422 Deputy City Clerk
Homeless Management Information System (HMIS) Technician Systems Technician I

423 Administrative Services Technician I (Confidential) Custodian Supervisor
Executive Assistant
Human Resources Technician I
Workers’ Compensation Claims Examiner I
424 Account Technician (Confidential)
Buyer
425 Systems Technician II

426 Employee Benefits Coordinator
Homeless Management Information System (HMIS) Program Coordinator Legal Secretary II
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -2

RANGE TITLE
427 Administrative Services Technician II (Confidential) Human Resources Technician II
Office Supervisor Confidential
Safety Specialist
Technology Solutions Analyst I
428 Financial Analyst I
Senior Legal Secretary
Workers’ Compensation Claims Examiner II
429 Administrative Analyst I
Animal Control Supervisor
Assistant Planner
Risk Analyst I
Senior Systems Technician
Utility Dispatch Supervisor
430 Central Stores Supervisor
Senior Buyer
Senior Legal Secretary
Senior Systems Technician
431 Assistant City Clerk
Human Resources Analyst I
Parking Adjudication Program Coordinator
Parking Services Supervisor
Police Range and Training Center Coordinator
Technology Solutions Analyst II
Software Analyst I
Systems Engineer I

432 Financial Analyst II
Junior Engineer
Junior Landscape Designer
Financial Analyst II
Neighborhood Preservation Supervisor
Senior Workers' Compensation Claims Examiner

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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -3

RANGE TITLE
433 Administrative Analyst II
Assistant Surveyor
Events Coordinator
Police Civilian Supervisor
Police Hiring Supervisor
Risk Analyst II
Water Resources Analyst

434 Associate Planner
Compost Facility Supervisor
Recreation Supervisor
Recycling Program Coordinator
Solid Waste Enforcement Supervisor
435 Assistant Transportation Planner
Human Resources Analyst II
Operations Supervisor
Software Analyst II
Systems Engineer II

436 Assistant Engineer
Associate Landscape Architect/Associate Architect
Financial Analyst III
Housing Rehabilitation Supervisor
Public Safety Information Coordinator
Senior Crime and Intelligence Analyst
437 Business Analyst
Cultural Services Program Manager
Customer Services Supervisor
Electrical Supervisor
Emergency Medical Services Coordinator - RN
Management Analyst
Senior Events Coordinator
Transit Analyst
Weed and Seed Program Coordinator
438 Senior Community Development Program Specialist
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -4

RANGE TITLE
439 Associate Transportation Planner
Economic Development Marketing Specialist
Electrical Supervisor – Utilities
Organizational Development Coordinator
Plant Maintenance Supervisor
Risk and Loss Control Coordinator
Senior Human Resources Analyst
Senior Planner
Senior Software Analyst
Senior Systems Engineer
440 Associate Land Surveyor
Senior Landscape Architect/Senior Architect
Associate Engineer
Environmental Services Supervisor
Integrated Waste Specialist
Public Safety Business Services Analyst
Senior Financial Analyst
441 Administrative Services Officer
Auditor I
Housing and Urban Development Supervisor
Infrastructure Financing Program Supervisor
Police Civilian Manager
Senior Business Analyst
Utilities Plant Operations Supervisor
Utilities Services Supervisor
442 Auditor II
Centre Plaza Manager
Construction Inspection Supervisor
Laboratory Supervisor
Safety Officer

443 Associate Civil/Traffic Engineer
Customer Services Manager
IT Security Officer
Revenue Collections and Compliance Manager
Senior Transportation Planner
Principal Information Technology Administrator
Principal Systems Engineer
Purchasing Manager
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -5

RANGE TITLE
444 Building Safety Program Coordinator
Building Inspection Supervisor
Environmental Regulatory Compliance Superintendent
Plant Maintenance Superintendent
Recreation Program Manager
Wastewater Collections Systems Superintendent
Water Superintendent
445 Airport Manager
Community and Media Relations Officer
Public Safety Information Officer
Facilities Manager
Public Safety Communications Manager
Senior Land Surveyor
446 Accounting Manager
Deputy Fire Marshal
Environmental Regulatory Compliance Manager
Water Quality Control Superintendent – Chief Plant Operator

447 Principal Planner
448 Fleet Manager
Recreation and Neighborhoods Services Manager
Streets Manager
Forestry Manager
Transit Manager
Integrated Waste Program Manager
449 Assistant Chief Building Official
450 Business Center Manager
Economic Development Manager
Parks Planning and Development Manager
Planning Manager
Senior Civil/ Traffic Engineer
Wastewater Collections Systems Manager
Wastewater Division Manager
Water Quality Control Plant Manager
Water Division Manager
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes Page -6

RANGE TITLE
451 Community Development Manager
Information Technology Manager
Operations Manager
Planning Manager
452 Traffic Engineer
453 Parks Recreation & Neighborhoods Operations Manager Senior Public Works Manager
454 Assistant City Engineer
Chief Building Official
459 Engineering Division Manager
460 City Engineer
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CITY OF MODESTO

CLASS RANGE TABLE

PUBLIC SAFETY NON-SWORN CLASSES
Effective June 20, 2023
______________________________________________________________________

RANGE TITLE
______________________________________________________________________ 1103 Police Cadet I
1107 Police Cadet II
1109
1110
1111 Police Support Specialist I
1114 Police Park Ranger
1115 Police Support Specialist II
1116
1117 Police Animal Control Officer
Police Community Service Officer I
1118 Police Evidence and Property Technician I
1120
1121 Police Animal Control Officer II
Police Community Service Officer II
1122 Public Safety Outreach Specialist
Police Evidence and Property Technician II
Police Officer Recruit
1123 Police Identification Technician I
Police Technician
1126 Police Crime and Intelligence Analyst I
Senior Public Safety Outreach Specialist
1127 Fire Prevention Inspector I
Police Identification Technician II
1130 Police Crime and Intelligence Analyst II
1131 Fire Prevention Inspector II
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City of Modesto
Class Range Table – Public Safety Non-Sworn Classes

RANGE TITLE
______________________________________________________________________

1132 Police Civilian Investigator
1135 Senior Fire Prevention Inspector
1150 Police Aircraft Pilot
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EXHIBIT G

CITY OF MODESTO

CLASS RANGE TABLE

EXECUTIVE MANAGEMENT
Effective June 20, 2023

RANGE TITLE

1415 City Clerk
1421 City Auditor
1422 Director of Utility Planning and Projects

1424 Chief Information Officer
Director of Finance
Director of Human Resources
Director of Parks, Recreation and Neighborhoods
1425 Director of Administrative Services
1426 Director of Community and Economic Development
Director of Public Works

1429 Director of Utilities
Director of Engineering Services
1430 Deputy City Manager
1435 City Attorney

1438 City Manager
#25..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023 -
RESOLUTION APPROVING THE ADOPTION OF THE FISCAL YEAR 2023-24 ANNUAL AND MULTI-YEAR OPERATING BUDGETS AND THE 2023-24

CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF MODESTO AND

THE RELATED INTER-FUND TRANSFERS
WHEREAS, pursuant to the Charter of the City of Modesto, the City Manager presented the preliminary Draft Operating Budget and Capital Improvement Program for Fiscal Year 2023-24 to the Finance Committee at workshops held on April 17, April 18, and April 19, 2023, and
WHEREAS, the Finance Committee reviewed the preliminary Draft Operating and Multi-Year Operating Budgets and the Capital Improvement Program in a series of televised public workshops on April 17, April 18, and April 19, 2023, and at a joint Planning Commission/Finance Committee meeting held on May 15, 2023, and WHEREAS, the Finance Committee recommended the City Manager’s preliminary Draft Operating and Multi-Year Budgets to the full City Council for consideration, and
WHEREAS, the Finance Committee recommended the proposed Capital Improvement Program budget to the full City Council for consideration, and WHEREAS, in accordance with the City Charter, a duly noticed public hearing was scheduled on June 6, 2023, during which the City Council considered the recommendations of the Finance Committee relating to the preliminary Draft Operating and Multi-year budgets and the Capital Improvement Program, and WHEREAS, prior to any discussion of the CIP budgets and prior to the final adoption, the City Council by separate motion considered each CIP project that could be #25..
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the source of a potential conflict of interest to one or more members of the City Council without the participation of those members, and
WHEREAS, the adoption of the Final Proposed Budget for FY 2023-24 includes the proposed Operating Budget, Multi-Year operating budget, Capital Improvement Program budget, approved adjustments, proposed Fiscal Year 2023-24 Measure H Spending Plan, approved addendums, transfers in and out, adoption of budget controls and financial policies, and
WHEREAS, the effective date of the adopted budget for FY 2023-24 shall be July 1, 2023, and
WHEREAS, copies of the Final Proposed Operating and Multi-year budgets and the Capital Improvement Program have been and are available for inspection by the public at the office of the City Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the adoption of the Final Proposed Operating Budget, Multi-Year Budget, and Capital Improvement Program Budget for Fiscal Year 2023-24 inclusive of the Mayor’s Final Budget Modifications, Fiscal Year 2023-24 Measure H Spending Plan, adjustments, and addendums to be in effect July 1, 2023.

The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 6th day of June, 2023, 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:
#25..
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AYES:

NOES:

ABSENT:

ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023 -

RESOLUTION APPROVING THE BUDGET PRINCIPLES, POLICY ON

GENERAL FUND UNASSIGNED CARRYOVER RESERVES, AND THE
OPERATING BUDGET POLICY AS OUTLINED IN THE FISCAL YEAR 2023- 24 FINAL PROPOSED BUDGET
WHEREAS, each year the City Council’s Finance Committee makes recommendations regarding the upcoming Fiscal Year Operating Budget and Capital Improvement Program and Budget Principles, and
WHEREAS, in the development of the FY 2023-24 Operating Budget, the Finance Committee reviewed and recommended for City Council consideration the attached Proposed Budget, Policy on the General Fund Unassigned Carryover Reserves, Budget Principles, and Operating Budget Policy.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Final Proposed Budget, the Budget Principles, and Operating Budget Policy as shown in Attachment 4 and Exhibit 3, which are incorporated by reference herein.

The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 6th day of June, 2023, 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:

NOES:

ABSENT:

ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
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(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#25..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR THE

CITY OF MODESTO TO CREATE NEW CLASSIFICATIONS AND

AMEND EXISTING CLASSIFICATIONS
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2022-263 pursuant to Rule 2.2 of the Personnel Rules and Regulations of the City of Modesto, and
WHEREAS, the City Manager has recommended to the Council amendments to the Position Classification Plan, and
WHEREAS, Rule 2.2 of the City of Modesto Personnel Rules provides that revisions to the Classification Plan shall be effective upon adoption of resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. CLASSIFICATION PLAN AMENDED. The Position Classification Plan of the City of Modesto is hereby amended as per EXHIBIT 6 in the agenda item and attached hereto.

2. EFFECTIVE DATE. This Resolution shall become effective the pay period in which July 1, 2023 falls, (Pay Period beginning June 20, 2023).

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 6th day of June 2023, 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: ?
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NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2023-24 AS ADOPTED IN THE OPERATING BUDGET.

WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council on June 07, 2022, as part of the Annual Budget of the City of Modesto for Fiscal Year 2022-23, and
WHEREAS, classification studies are conducted to ensure that a classification system is equitable and consistent within an organization and that positions are correctly classified, and
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, classification studies were conducted by Human Resources to determine appropriate classifications, and
WHEREAS, position changes will be effective the pay period in which July 1, 2023 falls, (Pay Period beginning June 20, 2023), unless otherwise noted.

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 2023-24 Operating Budget for various departments as attached in Exhibit 7 to this agenda item and attached hereto.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 6th day of June 2023, by Councilmember ?, who moved its #25..
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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:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
#25..
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Fiscal Year 2023-24 Non-Measure H Approved Adjustment List General Fund
Department Adjustment # Description of Adjustment Fund Fund Name Cost
Center Cost Center Description Account Account Name
One-Time/
Ongoing FTE Amount
City Manager's Office CMO-001 Addition of Two Fellowships in the City Manager's Office 0100 General Fund 02010 CMO - City Manager's Office 51040 Salaries and Wages - Part-time Ongoing $ 100,000 City Manager's Office Total 0.00 $ 100,000
Finance Department FIN-001 Addition of 1.0 Account Clerks Positions in Business License (Salary) 0100 General Fund 12430 FIN - Licensing 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 47,992 Finance Department FIN-001 Addition of 1.0 Account Clerks Positions in Business License (Benefits) 0100 General Fund 12430 FIN - Licensing 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 28,740 Finance Department FIN-001 Addition of 1.0 Account Clerks Positions in Business License (Increase of Business License Revenue) 0100 General Fund 12430 FIN - Licensing 41402 Business License Tax - Mill Tax Ongoing $ (76,732) Finance Department FIN-004 Reallocate one P/T Account Clerk II to a 0.75 Senior Account Clerk (Salary) 0100 General Fund 12430 FIN - Licensing 51401 Budget Only - Salary Adjustment - New Position Ongoing 0.75 $ 40,463 Finance Department FIN-004 Reallocate one P/T Account Clerk II to a 0.75 Senior Account Clerk (Benefits) 0100 General Fund 12430 FIN - Licensing 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 19,637 Finance Department FIN-004 Reallocate one P/T Account Clerk II to a 0.75 Senior Account Clerk (Reduction of Part-Time Expense) 0100 General Fund 12430 FIN - Licensing 51040 Salaries and Wages - Part-time Ongoing $ (35,000) Finance Department FIN-004 Reallocate one P/T Account Clerk II to a 0.75 Senior Account Clerk (Increase of Business License Revenue) 0100 General Fund 12430 FIN - Licensing 41402 Business License Tax - Mill Tax Ongoing $ (25,100) Finance Department Total 1.75 $ -
Community and Economic Development CED-005 Addition of 1.0 Business Analyst Position (Salary) 0100 General Fund 14210 CED - Building Safety 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 84,062 Community and Economic Development CED-005 Addition of 1.0 Business Analyst Position (Benefits) 0100 General Fund 14210 CED - Building Safety 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 33,625 Community and Economic Development CED-006 Addition of 1.0 Development Services Technician and 1.0 Admin Analyst I/II (Salaries) 0100 General Fund 14410 CED - Planning 51401 Budget Only - Salary Adjustment - New Position Ongoing 2.00 $ 137,439 Community and Economic Development CED-006 Addition of 1.0 Development Services Technician and 1.0 Admin Analyst I/II (Benefits) 0100 General Fund 14410 CED - Planning 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 54,975 Community and Economic Development Total 3.00 $ 310,101 Fire Department MFD-007 Fire Department Chief Reorganization (Addition of 1.0 Deputy Fire Chief - Salary) 0100 General Fund 18110 MFD - Administration & Officers 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 150,806 Fire Department MFD-007 Fire Department Chief Reorganization (Addition of 1.0 Deputy Fire Chief - Benefits) 0100 General Fund 18110 MFD - Administration & Officers 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 100,538 Fire Department MFD-007 Fire Department Chief Reorganization (Removal of 2.0 Deputy Fire Chiefs - Salary) 0100 General Fund 18110 MFD - Administration & Officers 51401 Budget Only - Salary Adjustment - New Position Ongoing -2.00 (347,676)$ Fire Department MFD-007 Fire Department Chief Reorganization (Removal of 2.0 Deputy Fire Chiefs - Benefits) 0100 General Fund 18110 MFD - Administration & Officers 51901 Budget Only - Benefit Adjustment - New Position Ongoing (231,784)$ Fire Department MFD-007 Fire Department Chief Reorganization (Addition of 2.0 Assistant Fire Chiefs - Salary) 0100 General Fund 18110 MFD - Administration & Officers 51401 Budget Only - Salary Adjustment - New Position Ongoing 2.00 $ 347,676 Fire Department MFD-007 Fire Department Chief Reorganization (Addition of 2.0 Assistant Fire Chiefs - Benefits) 0100 General Fund 18110 MFD - Administration & Officers 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 231,784 Fire Department MFD-007 Fire Department Chief Reorganization (Removal of 1.0 Battalion Chief - Salary) 0100 General Fund 18210 MFD - Suppression 51401 Budget Only - Salary Adjustment - New Position Ongoing -1.00 (142,766)$ Fire Department MFD-007 Fire Department Chief Reorganization (Removal of 1.0 Battalion Chief - Benefits) 0100 General Fund 18210 MFD - Suppression 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ (95,178) Fire Department Total 0.00 $ 13,400
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Part-Time Staff Expense Increase) 0100 General Fund 33030 PRN - Recreation Operations 51040 Salaries and Wages - Part-time One-Time/
Ongoing $ 23,460
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Discretionary Budget Increases) 0100 General Fund 33030 PRN - Recreation Operations 52200 Vocation and Recreation Supplies One-Time/
Ongoing $ 5,765
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Discretionary Budget Decrease) 0100 General Fund 33030 PRN - Recreation Operations 52015 Printing and Binding One-Time/
Ongoing $ (275)
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Discretionary Budget Increases) 0100 General Fund 33030 PRN - Recreation Operations 53030 Business Expenses One-Time/
Ongoing $ 8,950
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Discretionary Budget Increases) 0100 General Fund 33030 PRN - Recreation Operations 53306 Long-term Contract One-Time/
Ongoing $ 3,000
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Additional Program Revenues) 0100 General Fund 33030 PRN - Recreation Operations 43534 CS - PRN - Miscellaneous PRN Fees (CLASS) One-Time/
Ongoing $ (12,850)
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Increase of .75 Recreation Coordinator to 1.0 FTE - Salary) 0100 General Fund 33030 PRN - Recreation Operations 51401 Budget Only - Salary Adjustment - New Position One-Time/
Ongoing

0.25 $ 9,922
Parks, Recreation & Neighborhoods PRN-013 Programming Additions to the Recreation Division (Increase of .75 Recreation Coordinator to 1.0 FTE - Benefits) 0100 General Fund 33030 PRN - Recreation Operations 51901 Budget Only - Benefit Adjustment - New Position One-Time/
Ongoing $ 6,614
Parks, Recreation & Neighborhoods PRN-014 Additional Funding for the Youth Commission Project 0100 General Fund 33030 PRN - Recreation Operations 53030 Business Expenses Ongoing $ 5,000 Parks, Recreation & Neighborhoods Total 0.25 $ 49,586
Grand Total 5.00 $ 473,087
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Fiscal Year 2023-24 Non-Measure H Approved Adjustment List Non-General Fund
Department Adjustment # Description of Adjustment Fund Fund Name Cost
Center Cost Center Description Account Account Name
One-Time/
Ongoing FTE Amount
Finance Department FIN-003 Addition of 2.0 Account Clerk Positions in Utility Billing (Salaries) 4100 Water Fund 12470 FIN - Utilities and Collections 51401 Budget Only - Salary Adjustment - New Position Ongoing 2.00 $ 95,984 Finance Department FIN-003 Addition of 2.0 Account Clerk Positions in Utility Billing (Benefits) 4100 Water Fund 12470 FIN - Utilities and Collections 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 57,479 Finance Department FIN-006 Addition of 1.0 Storekeeper Position (Salary) 5110 Central Stores Fund 12530 FIN - Central Stores - Litt Mark-up 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 48,187 Finance Department FIN-006 Addition of 1.0 Storekeeper Position (Benefits) 5110 Central Stores Fund 12530 FIN - Central Stores - Litt Mark-up 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 17,742 Finance Department FIN-006 Addition of 1.0 Storekeeper Position (Decrease in Part-Time Expense) 5110 Central Stores Fund 12530 FIN - Central Stores - Litt Mark-up 51040 Salaries and Wages - Part-time Ongoing $ (21,903) Finance Department FIN-006 Addition of 1.0 Storekeeper Position (Increase in Inventory Revenues) 5110 Central Stores Fund 12530 FIN - Central Stores - Litt Mark-up 45023 Interfund Charges - Sales of Inventory Mark-up Ongoing $ (44,026) Finance Department Total 3.00 153,463$
Community and Economic Development CED-007 Addition of 1.0 Community Development Program Specialist Position (Salary) 1133 HUD Administration Fund 14111 CED - HUD Administration 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 64,384 Community and Economic Development CED-007 Addition of 1.0 Community Development Program Specialist Position (Benefits) 1133 HUD Administration Fund 14111 CED - HUD Administration 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 25,754 Community and Economic Development Total 1.00 $ 90,138
Parks, Recreation & Neighborhoods PRN-001 Addition of 0.75 Lead Service Worker Position - Limited Term (Reduction of Part-Time Expense) 4700 Centre Plaza Fund 34200 PRN - Cultural Services Administration 51040 Salaries and Wages - Part-time Ongoing $ (34,944) Parks, Recreation & Neighborhoods PRN-001 Addition of 0.75 Lead Service Worker Position - Limited Term (Salary) 4700 Centre Plaza Fund 34200 PRN - Cultural Services Administration 51401 Budget Only - Salary Adjustment - New Position Ongoing 0.75 $ 20,966 Parks, Recreation & Neighborhoods PRN-001 Addition of 0.75 Lead Service Worker Position - Limited Term (Benefits) 4700 Centre Plaza Fund 34200 PRN - Cultural Services Administration 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 13,978 Parks, Recreation & Neighborhoods Total 0.75 $ -
Public Works PW-CGS-001 Logistical Concrete Recycling Operations - Additional Equipment (Crew Truck Purchase) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 57003 Vehicles > $5,000 One-Time 137,500$ Public Works PW-CGS-001 Logistical Concrete Recycling Operations - Additional Equipment (Crew Truck Annual Maintenance) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 54550 ISF - Fleet Operating and Maintenance Ongoing $ 17,894 Public Works PW-CGS-001 Logistical Concrete Recycling Operations - Additional Equipment (14 Yard Dump Truck Purchase) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 57003 Vehicles > $5,000 One-Time 210,000$ Public Works PW-CGS-001 Logistical Concrete Recycling Operations - Additional Equipment (14 Yard Dump Truck Maintenance) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 54550 ISF - Fleet Operating and Maintenance Ongoing $ 23,408 Public Works PW-CGS-002 Logistical Concrete Recycling Operators - Second Team Addition of 3.0 Equipment Operator I/II Positions (Salaries) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 51401 Budget Only - Salary Adjustment - New Position Ongoing 3.00 167,502$ Public Works PW-CGS-002 Logistical Concrete Recycling Operators - Second Team Addition of 3.0 Equipment Operator I/II Positions (Benefits) 1700 Surface Transportation Fund 53142 PW - Curbs, Gutter, & Sidewalks 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 43,374 Public Works PW-FLT-003 Addition of 1.0 Heavy Equipment Mechanic I/II Position (Salary) 5400 Fleet Fund 53255 PW - Fleet Vehicle and Equipment Maintenance 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 62,998 Public Works PW-FLT-003 Addition of 1.0 Heavy Equipment Mechanic I/II Position (Benefits) 5400 Fleet Fund 53255 PW - Fleet Vehicle and Equipment Maintenance 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 29,535 Public Works PW-SW-001 Convert two P/T S&M Aides into 1.0 Solid Waste Outreach Specialist Position (Salary) 4891 Solid Waste Fund 56010 PW - Solid Waste Management 51401 Budget Only - Salary Adjustment - New Position Ongoing 1.00 $ 64,251 Public Works PW-SW-001 Convert two P/T S&M Aides into 1.0 Solid Waste Outreach Specialist Position (Benefits) 4891 Solid Waste Fund 56010 PW - Solid Waste Management 51901 Budget Only - Benefit Adjustment - New Position Ongoing $ 32,974 Public Works PW-SW-001 Convert two P/T S&M Aides into 1.0 Solid Waste Outreach Specialist Position (Decrease in Part-Time Expense) 4891 Solid Waste Fund 56010 PW - Solid Waste Management 51040 Salaries and Wages - Part-time Ongoing $ (20,000) Public Works PW-SW-001 Convert two P/T S&M Aides into 1.0 Solid Waste Outreach Specialist Position (Decrease in Promotion Expense) 4891 Solid Waste Fund 56010 PW - Solid Waste Management 53176 Promotion Expense Ongoing $ (16,480) Public Works Total 5.00 752,956$
Grand Total 9.75 996,557$
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Exhibit 5 - FY 2023-24 Proposed Measure H Spending Plan Adjustments Proposal # Description of Adjustment Department
Ongoing/
One-Time
ARPA/Measure H
/Neither Categories FTE Amount
PRN-002 Addition of 1.0 Head Groundskeeper Position Parks, Recreation & Neighborhoods Ongoing Measure H Parks Improvements 1.00 $ 99,587 PRN-004 Funding for Annual Spring Cleanups along Major Roadways Parks, Recreation & Neighborhoods Ongoing Measure H Parks Improvements $ 151,000 PRN-006 Park Watering increase to 3x per week Parks, Recreation & Neighborhoods Ongoing Measure H Parks Improvements $ 500,000 PRN-009 Measure H - High Priority Deferred Maintenance Needs - Large Projects (Year 1) Parks, Recreation & Neighborhoods One-Time Measure H Parks Improvements $ 6,100,000 PRN-010 Measure H - High Priority Preventative Maintenance Needs - Large Projects (Year 1) Parks, Recreation & Neighborhoods One-Time Measure H Parks Improvements $ 2,170,000 PRN-012 Parks Planning Division Restructure Addition of 2.0 Senior Landscape Architect Positions Parks, Recreation & Neighborhoods Ongoing Measure H Parks Improvements 2.00 $ 199,852 PRN-023 Ballfield/Soccerfield Turf Renovation Equipment Parks, Recreation & Neighborhoods One-Time Measure H Parks Improvements $ 87,985 PRN-026 Funding for Park Drinking Fountains/Bottle Fillers Parks, Recreation & Neighborhoods One-Time Measure H Parks Improvements $ 100,000 Measure H Spending Plan - Parks Improvements Total 3.00 $ 9,408,424 CAO-001 Addition of 1.0 Deputy City Attorney III City Attorney's Office Ongoing Measure H Public Safety 1.00 $ 174,488 CAO-002 Addition of 1.0 Legal Secretary II City Attorney's Office Ongoing Measure H Public Safety 1.00 $ 87,506 CED-002 Funding for Rental Housing Safety Program Community and Economic Development Ongoing Measure H Public Safety $ 451,200 IT-011 Addition of 1.0 Public Safety Principal Systems Engineer Position Information Technology Ongoing Measure H Public Safety 1.00 $ 138,648 PRN-033 Security for PRN sites with Public-entry Parks, Recreation & Neighborhoods Ongoing Measure H Public Safety $ 100,000 MPD-001 Addition of 15.0 Police Officer Recruit Positions Police Department Ongoing Measure H Public Safety 15.00 $ 1,170,345 MPD-002 Addition of 5.0 Community Service Officer Positions Police Department Ongoing Measure H Public Safety 5.00 $ 418,510 MPD-003 Addition of 1.0 Civilian Investigator Position Police Department Ongoing Measure H Public Safety 1.00 $ 72,000 MPD-007 Addition of 1.0 Animal Control Officer Position Police Department Ongoing Measure H Public Safety 1.00 $ 76,121 MPD-008 Addition of 1.0 Police Civilian Supervisor Position Police Department Ongoing Measure H Public Safety 1.00 $ 103,852 MPD-013 Addition of 1.0 Administrative Office Assistant III Confidential Position Police Department Ongoing Measure H Public Safety 1.00 $ 68,600 MPD-018 Update Downtown Entertainment District (DED) Camera System Police Department One-Time Measure H Public Safety $ 500,000 MPD-027 Additional Part-Time Funding Police Department Ongoing Measure H Public Safety $ 150,000 MPD-029 Addition of 1.0 Police Lieutenant Position (Area Command) Police Department Ongoing Measure H Public Safety 1.00 $ 240,277 MPD-XX1 Additional Funding for Dispatch Project Police Department One-Time Measure H Public Safety $ 2,000,000 Measure H Spending Plan - Public Safety Total 28.00 $ 5,751,547 MFD-003 Addition of 1.0 Hazmat Inspector Position Fire Department Ongoing Measure H Fire/EMS 1.00 $ 7,930 MFD-004 Addition of 1.0 Public Safety Business Services Analyst Fire Department Ongoing Measure H Fire/EMS 0.00 $ 16,277 MFD-008 Funding for Emergency Medical Services (EMS) Division Fire Department Ongoing Measure H Fire/EMS 5.00 $ 1,003,713 MFD-016 Station Runner Vehicle Fire Department One-Time Measure H Fire/EMS $ 80,000 MFD-XX1 Fire Station 1 Funding Fire Department One-Time Measure H Fire/EMS $ 3,000,000 Measure H Spending Plan - Fire/EMS Total 6.00 $ 4,107,920 PW-FGW-001 Addition of 1.0 Administrative Office Assistant II Position Public Works Ongoing Measure H Forestry 1.00 $ 40,480 PW-FGW-004 Additional Pruning Crew (Addition of Operation Crew Leader, Tree Trimmer Crew Leader, and Maintenance Worker II) Public Works Ongoing Measure H Forestry 3.00 $ 343,173 PW-FGW-007 Additional Forestry Crew (Addition of 4.0 Tree Trimmer II Positions) Public Works Ongoing Measure H Forestry 4.00 $ 411,474 PW-FGW-008 Outside Contractor - Tree Services Public Works Ongoing Measure H Forestry $ 1,550,000 Measure H Spending Plan - Forestry Total 8.00 $ 2,345,127 PRN-020 Vehicles for New Park Maintenance Staff Parks, Recreation & Neighborhoods One-Time Measure H Equipment $ 622,000 MPD-028 Additional Equipment for Additional Positions Requested Police Department One-Time Measure H Equipment $ 1,201,405 PW-FGW-006 Additional Forestry Bucket Truck/Chipper and Two F150 Pickups Public Works One-Time Measure H Equipment $ 390,000 Measure H Spending Plan - Equipment Total 0.00 $ 2,213,405 PW-CGS-003 Curb, Gutter, & Sidewalk (CGS) - Contractor Assistance Funding Public Works One-Time Measure H Sidewalk $ 1,800,000 Measure H Spending Plan - Sidewalk Total 0.00 $ 1,800,000 CED-003 Addition of 2.0 Code Enforcement Officers Community and Economic Development Ongoing Measure H Blight 2.00 $ 151,656 Measure H Spending Plan - Blight Total 2.00 $ 151,656
CED-XX1 Additional Downtown Streets Team Funding Community and Economic Development One-Time Measure H Homelessness $ 350,000 MPD-005 Addition of 4.0 Park Ranger Positions Police Department Ongoing Measure H Homelessness 4.00 $ 245,290 Measure H Spending Plan - Homelessness Total 4.00 $ 595,290 CCO-001 Unfreeze Deputy City Clerk Position City Clerk's Office Ongoing Measure H Measure H Admin Support 1.00 $ 75,728 CMO-003 Additional Funding for Marketing/Communications Budget City Manager's Office Ongoing Measure H Measure H Admin Support $ 100,000 FIN-05 Restore 1.0 Full-time Assistant Buyer Finance Department Ongoing Measure H Measure H Admin Support 1.00 $ 74,786 FIN-11 Addition of 1.0 Full-time Account Clerk Position Finance Department Ongoing Measure H Measure H Admin Support 1.00 $ 66,178 HR-001 Addition of 1.0 HR Assistant Position Human Resources Ongoing Measure H Measure H Admin Support 1.00 $ 68,345 Measure H Spending Plan - Measure H Admin Support Total 4.00 $ 385,037 PW-BLDG-002 Facility Condition Assessment - City-wide (excludes Utilities) Public Works One-Time Measure H Deferred Maintenance $ 358,037 Measure H Spending Plan - Deferred Maintenance Total 0.00 $ 358,037 Measure H Spending Plan Grand Total 55.00 $ 27,116,443
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CITY OF MODESTO

OPERATING BUDGET POLICY

INTRODUCTION
The purpose of this policy is to identify roles, responsibilities, and actions related to the preparation and monitoring of the City of Modesto’s annual operating budget. The operating budget is adopted annually at the fund level by the City Council. The budget provides a detailed estimate of how much the City needs to spend in its fiscal year to meet its ongoing financial obligations and provide programs and services.

RESPONSIBILITIES
Per the City Charter (Section 1302.1 through 1304), each year:

The City Manager shall, on or before December 15 of each year, submit to the Mayor and to the Council a five (5) year economic forecast of expenditures and revenues for each City Department.

On or before January 10, the members of the Council may submit individual written budget priorities to the Mayor for consideration. The Mayor shall, after consideration of any received written budget priorities, prepare and deliver to the Council the Mayor’s Proposed Budget Priorities and Direction for both the City’s Capital Budget and for the City’s Operating Budget.

The Mayor shall, on or before February 15 of each year prepare and deliver to the Council the Mayor’s Budget Message which shall include:
a) A statement of the fiscal priorities which the City should adopt for the ensuing fiscal year; and
b) Which City services, departments, offices or agencies the Mayor proposes to be expanded or reduced.

The Council shall hold a public hearing to consider the Final Mayor’s Budget Message and to make any additions or revisions the Council deems advisable. Upon closing of the public hearing, the Council shall approve the Mayor’s Budget Message as presented, or as revised.

The City Manager shall, on or before March 15 of each year, prepare and deliver to the Mayor and Council, a Capital and Operating Mid-Year Budget Report for each department, office, or agency.

By April 30 of each year, the City Manager shall send to Council a draft budget consisting of a careful estimate of the amounts of expenditures required for the business and proper conduct of the various departments, offices, boards, and commissions of the City, over which the City Manager has control during the next ensuing year. The City Manager shall also include in the draft budget an estimate of the amount of income/revenues that are to be included as part of the
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draft budget. The draft budget shall accurately reflect the recommendations and priorities specified in the Final Mayor’s Budget Message as adopted by the Council.

At least forty-five (45) days prior to the new fiscal year, the Mayor shall prepare and deliver to the Council the Mayor’s Final Budget Modifications of the draft budget as submitted by the City Manager. Following the receipt of the Mayor’s Final Budget Modifications, the Council shall consider and review the draft budget as submitted by the City Manager together with the Mayor’s Final Budget Modifications and make such revisions as the Council may deem advisable. The resulting document shall be deemed the “Proposed Budget.” After the creation of the “Proposed Budget” document, the Council shall determine the time for the holding of a public hearing upon the “Proposed Budget” and a notice shall be posted not less than ten (10) days prior to said hearing. This public hearing will be used by the Council to allow for interested persons desiring to be heard an opportunity to speak upon the “Proposed Budget.”
At the conclusion of the public hearing, the Council shall further consider the “Proposed Budget” and make any revisions that it may deem advisable; and thereafter it shall adopt the budget with revisions, if any. Any revisions may add or increase programs or amounts or may delete or decrease programs or amounts except expenditures required by law or for debt service provided that no budget revision to the budget shall increase proposed expenditures to an amount greater than the total estimated income plus unencumbered available reserves and estimated unencumbered balances of funds carried over from the preceding fiscal year.

The Mayor is responsible for preparing and delivering to the City Council the Mayor’s Proposed Budget Priorities and Direction for capital and operating budgets, the Mayor’s budget message, and final budget modifications.

The City Manager is responsible for preparing and delivering to the Mayor and Council a fiveyear forecast of expenditures and revenues, mid-year budget reports, and a draft budget.

The City Council is responsible for reviewing the proposed budget, holding a public hearing, revising the draft budget as needed, and approving the budget.

Under the Modesto Municipal Code (MMC) 2-3.401, the Budget Division is responsible for annually preparing and submitting to the City Manager a proposed preliminary budget prior to the beginning of the next succeeding fiscal year, and to ensuring monies are available and appropriated.

POLICY
Budget Development

1. It is the policy of the City of Modesto to prepare an annual budget using the accounting basis that is in conformance with generally accepted accounting principles (GAAP). To prepare the organization’s budget, the Budget Manager shall gather proposed budget information from all Department directors (and others with budgetary responsibilities).

2. Budgets proposed and submitted by each department should be accompanied by a narrative explanation of the sources and uses of funds and explaining all material fluctuations in budgeted amounts from prior years. All requests for additional personnel shall include a narrative explaining the need for an increase in staff potential duties for the new #25..
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employee and expected salary. All requests for capital shall include a narrative explaining the reason for the need of the respective item.

3. After appropriate revisions and a compilation of all department budgets a draft of the organization-wide budget is prepared by the Budget Manager. The appropriated budget is prepared by:
• Fund (e.g. General Fund)
• Department (e.g. Police).
• Division ( e.g. Field Operations)
• Revenue/Expense Account (e.g. Sales and Use Tax/Office Supplies)

4. The draft of the organization-wide budget, individual departments’ budgets as well as the narratives, and multi-year project budgets are presented to the City Manager for discussion, revision, and initial approval. Each individual capital request is evaluated to determine whether the capital item is needed to clear a safety issue a legal requirement or to improve customer service. This process is separate from the creation and adoption of the City’s Capital Improvement Program (CIP). The policy for the CIP adoption follows a different set of guidelines. All request for additional staff are reviewed for viability based on the economic condition of the City.

5. At a public hearing the Mayor submits to the City Council a proposed operating budget for the fiscal year commencing the following July 1. The operating budget includes proposed expenditures and the means of financing them. The proposed budget is presented to City Council for discussion, revision and adoption.

6. Public hearings are conducted at City Hall to obtain citizen input. Prior to July 1, the budget is adopted by motion of the City Council.

7. It is the policy of the City of Modesto to adopt a final budget prior to July 1 of the new fiscal year. The purpose of adopting a final budget at this time is to allow adequate time for the Budget Division to input the budget into the accounting system and establish appropriate budget and reporting procedures to ensure proper classification of activities and comparison of budget versus actual once the year begins.

8. The City will prepare and annually refine written goals and policies to guide the preparation of financing, spending, and performance plans for the City budget. Proposed budgets will comply with the adopted budget polices and Council priorities.

9. Department and program managers will not exceed the Council-approved appropriations in any fund. The City Council may approve modifications to these appropriations throughout the year as warranted by revenue collections and activity demands.

10. Enterprise funds and other non-general fund operations should be self-supporting and should maintain reserve levels that are adequate to protect against fluctuations in revenue and expenditure levels. Activities that deviate from this requirement shall be identified for the City Council annually at the time of budget adoption. Exempt from this requirement are those funds that account solely for grant funds.

11. Interest shall be allocated quarterly to all funds based on their average monthly balances during each quarter.

12. Costs charged between funds such as force-account labor and other direct costs shall be charged on the basis of actual cost and not on the budgeted amount, unless a separate contract exists between the managers of the two programs allowing the use of the budgeted amount as the basis for the charge.

13. Appropriations for certain grants and on-going Capital Improvement Program projects that were authorized in previous years and that are not fully expended shall be deemed valid until revoked. Appropriations related to certain developer-funded expenditures may also be treated as multi-year appropriations.

Inter-fund Transfers and Loans
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1. Ongoing operating program costs will not exceed the amount of ongoing revenue to finance those costs. Inter-fund loans will not be used as a funding mechanism to address ongoing gaps between revenues and costs. If a new program is added on an ongoing basis, an ongoing revenue source will be identified to fund the program costs. Any available carryover balance will only be used to offset one-time costs.

2. Unless direction is given at the time an inter-fund transfer is approved that the amount to be transferred between funds is not subject to adjustment based on a share of cost formula, all inter-fund transfers shall be based upon the sending fund’s pro rata share of any project costs or other obligation that is the basis for the transfer. Therefore, a reconciliation of the share of costs allocable to the fund(s) from which resources are to be transferred shall be performed prior to the year-end closing of the city’s financial records and shall become the basis for determining the actual amount of any resources to be transferred. It is the intent of this policy that any transfers designed to provide a subsidy to the operations of another fund shall not exceed the amount needed to provide sufficient resources to make revenues equal expenditures unless other direction is provided by the City Council.

3. All inter-fund transfers and their purpose shall be identified to the Council annually, at the time of the budget adoption.

4. All inter-fund transfers between a fund and Capital or Non-Capital project shall not lapse at the end of the fiscal year but instead shall remain active until the project is completed and the funding is no longer needed. Inter-fund transfers will be evaluated at each year-end and then the remaining funds will be re-appropriated in the new fiscal year as the inter-fund transfer continues on for the continuing project.

5. Loans between funds and loans to other component units of the city should be considered in light of a multi-year business plan that demonstrates a reasonable ability to repay the loan.

All inter-fund loans and loans to component units, either existing or proposed, shall be identified for the City Council at the time of budget adoption. Generally, inter-fund loans and loans to component units shall be established with a repayment deadline that reflects the earliest feasible opportunity for repayment of the loan. Interest rates charged on the loan shall be based on the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding a payment date. a. Note that the terms and conditions for existing loans between the City and the former Redevelopment Agency are governed by one or more separate resolutions adopted at the time the loans were approved and are subject to the laws put into place by recent redevelopment dissolution legislation passed by the State of California.

Reserves

1. General Fund Reserve: The Council has adopted a policy that uses the Fund Balance Guidelines for the General Fund that has been established by the Government Finance Officers Association (GFOA). The Council has established the following policies pertaining to General Fund reserves:
 The General Fund’s minimum reserve requirement should be maintained at a level of no less than two months of the General Fund's regular operating expenditures. The amount of General Fund reserves are to be calculated as the total of the Emergency Reserves category.
 Any unassigned reserves/carryover in the General Fund at the end of a fiscal year will be distributed out based upon the following guidelines:
o 1/4 of the unassigned reserves/carryover will be assigned to the Emergency Reserves category.
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o 1/4 of the unassigned reserves/carryover will be assigned to fund pension obligations (i.e. pension trust funding, etc.)
o 1/4 of the unassigned reserves/carryover will be assigned to fund deferred maintenance.
o 1/4 of the unassigned reserves/carryover will be assigned to the Innovation Fund category.

2. Fund Replacement Reserves: In order to provide future resources for the replacement or repair of depreciable assets, each fund shall establish a list of depreciable assets, including useful lives and replacement costs that will determine the amount to be set-aside annually to allow the timely replacement or repair of these assets. Each program manager shall also establish a plan for funding the reserve and shall disclose the adequacy of the reserve level annually to the City Council as part of the annual budget adoption process.

Fund Balance Information Requirements

1. The requirements of GASB Statement No. 54 are intended to enhance the usefulness, including the understandability, of fund balance information, in the financial statements. The City will spend the most restricted dollars before less restricted, given equal eligibility, in the following order:
 Non-Spendable - if funds become spendable (inventories, prepaid amounts)  Restricted (grants, bond proceeds)
 Committed (capital acquisitions, pending projects)
 Emergency Reserves (set aside funds in the General Fund that can only be appropriated through Council action)
 Assigned (purchase orders, encumbrances)
 Unassigned (residual fund balance after deducting the other fund balance categories)
Budget Adjustment Authority

1. Any adjustment that would appropriate any amount from the General Fund Emergency Reserves must receive Council approval to be appropriated. The authority to approve any other type of budget adjustment in the amount of $25,000 or less is delegated to the Budget Manager. The authority to approve any other type budget adjustment between $25,001 and $50,000 is delegated to the City Manager.

2. Authority for any budget adjustment over $50,000 is delegated to the parties shown below with the exception of appropriations from the General Fund Emergency Reserves:
 City Council
o Appropriation of undesignated reserves
o Appropriation of new revenues
 Does not include Developer Payments
o Budgeting inter-fund transfers
 Does not include adjustments to budgeted transfers where the intent is to subsidize an enterprise operation as shown in item (v) under the City Manager’s budget adjustment authority
o Creation of inter-fund loans
o Creation of, or increase in, any multi-year appropriation except for the allocation of interest
o Addition of permanent staff positions
o Appropriation of payments for new indebtedness including operating leases o All other budgetary actions not delegated to another official #25..
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 City Manager
o Adjust appropriations between departments within a fund o Change any capital equipment appropriation
o Appropriate reserves, excluding General Fund Emergency Reserves, for litigation on a case-by-case basis
o Adjustments to Inter-fund transfers intended to balance enterprise fund operations where the cumulative total of any adjustment does not increase the original City Council approved appropriation by more than $50,000 o Appropriate Developer Payments not previously budgeted o Annexation Deposits
o Special District Formation Deposits
o Developer Deposits to be recognized as revenue
 Budget Manager
o Appropriate unbudgeted grant interest
o Revise the allocation of Internal Service Fund charges between departments, provided that the total allocated amount does not increase (any such changes to the allocation shall not result in an increase or decrease to the total amount of discretionary appropriations provided to the affected departments) o Changing any CIP line item appropriation
o Revoke multi-year appropriations
o Close Capital Improvement Program or Non-Capital projects o Make technical budget corrections to implement the intent of Council-approved actions and resolutions
o Transfer fiscal appropriations between sub-funds of a single fund (except where this changes appropriation amounts for temporary agency labor and/or capital equipment purchases over $25,000)
o Make adjustments to funds or cost centers when they are closed and encumbrances need to be cleared out and budgets need to be reduced to $0 as part of the close-out process to ensure all activity is closed out for audit purposes  Department Director
o Transfer appropriations within a department, within a single fund (excludes appropriations related to capital equipment, capital improvement program) o Acting as a designee of the City Manager, the Parks, Recreation, & Neighborhoods Director shall be authorized to appropriate private donations or grants made to the Fund Development Program of the Parks, Recreation, & Neighborhoods Department for specified purposes up to $25,000 Monitoring Performance

1. It is the policy of the City of Modesto to monitor its financial performance by comparing and analyzing actual results with budgeted results. This function shall be performed periodically by the Budget Manager.

2. Budgetary review
 Budget-to-actual comparisons are made on a monthly basis by the Budget Division.  Budget-to-actual comparisons are presented for City Council review at mid-year and on an as needed basis.
 Budget-to-actual comparisons are provided in the annual comprehensive financial report (ACFR) for each individual governmental fund, for which an appropriated annual budget has been adopted.
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3. The City maintains an encumbrance accounting system of purchase orders and contracts as a means of accomplishing budgetary control. Purchase orders are reviewed to ensure that funds are available and that requests are properly authorized prior to being released to vendors.
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Exhibit 3 – FY 2023-24 Proposed Policies
Fiscal Year 2023-24
Proposed Policies

1. Approve the modification of the General Fund Unassigned Carryover Reserves Policy to include an additional category of the Innovation Fund and modifying the current 1/3 policy to change the allocation of fiscal year-end General Fund Unassigned Carryover to be assigned 1/4 to the General Fund Emergency Reserves, 1/4 to the Pension Trust, 1/4 to Deferred Maintenance, and 1/4 to the Innovation Fund.
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Exhibit 3 – FY 2023-24 Proposed Policies

CITY OF MODESTO

COUNCIL AGENDA REPORT
Budget Adoption
Date: June 6, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Budget Manager
SUBJECT: General Fund Unassigned Carryover Reserves Policy CONTACT: Stephan Christensen, Budget Manager, [email protected], 209-577-5390
DESCRIPTION:

Consider providing policy direction regarding:

1. The modification of the General Fund Unassigned Carryover Reserves Policy to include an additional category of the Innovation Fund and modifying the current 1/3 policy to change the allocation of fiscal year-end General Fund Unassigned Carryover to be assigned 1/4 to the General Fund Emergency Reserves, 1/4 to the Pension Trust, 1/4 to Deferred Maintenance, and 1/4 to the Innovation Fund. (Funding Source: General Fund Unassigned Carryover)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City Council establishes the reserve level for various funds based on the needs of the City.

In the utility funds, the adopted reserve level is equal to 25% of operating costs to ensure sufficient funds are available to handle fluctuations in utility billing amounts. On the other hand, the General Fund’s reserve level, for years, was set at five percent (5%), then it moved to eight percent (8%) for a time. The goal is now to reach the Government Finance Officers Association (GFOA) recommended level of no less than two months of the General Fund’s regular operating expenditures (approximately $24 million).
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Exhibit 3 – FY 2023-24 Proposed Policies
Over time, the City has been able to build up its General Fund Emergency Reserve levels to reach the current amount of $18.4 million. Being just shy of the estimated goal of the GFOA recommended level and with the recent approval of the Measure H Sales Tax, and the additional revenue that it will bring into the City, staff feels that it is time to make a change to the categories of reserve funding that is potential allocated from the unassigned carryover at fiscal year-end.

Each fiscal year, there are typically some amounts of funds that are returned to the General Fund in the category of unassigned carryover. These funds are generated from a combination of additional revenues received above budgeted figures or additional expenditure savings usually from salary and benefit savings due to vacancies experienced throughout the fiscal year.

The current allocation of the unassigned carryover is a split as follows:
 1/3 to General Fund Emergency Reserves
 1/3 to the Pension Trust
 1/3 to the Deferred Maintenance
The revised methodology would see the lowering of the amount split from 1/3 to ¼ but the additional of another category of the Innovation Fund. This Innovation Fund would be used to provide a source of funding that could be used for numerous projects or programs that Council would approve through a majority vote. Projects would be identified by staff or be brought back to Council for vetting at their discretion. The intent of these projects or expenditures would be for projects or plans that would result in meaningful transformation across the City of Modesto and impactful improvements on quality of life for the citizens of Modesto. The revised allocation would be as follows:
 1/4 to General Fund Emergency Reserves
 1/4 to the Pension Trust
 1/4 to the Deferred Maintenance
 1/4 to the Innovation Fund
FISCAL IMPACT:

Currently, the General Fund Emergency Reserves have a balance of $18.4 million. In the City’s Section 115 Pension Trust Fund there is a balance current balance of $2.5 million. Of that amount, there was an initial deposit of $1 million from the General Fund. The remaining balance was the sum of contributions from other funds across the organization. The Deferred Maintenance fund currently does not have any contributions to date.

The change in this policy will bring upon the creation of the Innovation Fund and change the distribution of the amounts of General Fund Unassigned Carryover at fiscal year-end to 1/4 to each area noted below:
 General Fund Emergency Reserves
 Pension Trust
 Deferred Maintenance
 Innovation Fund
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Exhibit 3 – FY 2023-24 Proposed Policies
This distribution will be brought back to Council once the financials are completed at fiscal yearend and noted in the Annual Comprehensive Financial Report (ACFR) at which Council will make the determination on the distribution of the General Fund Unassigned Carryover for the fiscal year.

Approved by:

Steve Christensen, Budget Manager
Joseph P. Lopez, City Manager
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Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum Fiscal Year 2023-24
Proposed Operating Budget Addendum

1. Amend the budget in the CDBG/ESG/HUD funds to move budget to Activity Numbers and to amend the budget as shown below:

City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 332,987.00 $ (332,987.00) $ - Services City Forces - Interfund 54500 1503 $ - $ 368,082.20 $ 368,082.20 TOTAL Expenses $ 332,987.00 $ 35,095.20 $ 368,082.20
Transfer in from 1155 61155 $ - $ 32,000.00 $ 32,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1503 $ - $ 336,082.20 $ 336,082.20 TOTAL Revenues $ - $ 368,082.20 $ 368,082.20
Total $ 332,987.00 $ (332,987.00) $ -
Funds Reimbursed with Entitlement Federal Funds Community Development Block Grant Funds (CDBG) FUND 1130 COST CENTER 14010
BUDGET ADDENDUM FISCAL YEAR 2023-2024
City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 42,351.00 $ (42,351.00) $ - Direct Grants 54706 $ - $ - $ - Direct Grants - Project Sentinel _Fair Housing 54706 1486 $ - $ 21,000.00 $ 21,000.00 Services City Forces - Interfund 54500 1486 $ - $ 5,000.00 $ 5,000.00 Direct Grants - Center for Human Services - Pathways 54706 1487 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1487 $ - $ 7,000.00 $ 7,000.00 Direct Grants - Children's Crisis Center 54706 1488 $ - $ 48,000.00 $ 48,000.00 Services City Forces - Interfund 54500 1488 $ - $ 5,000.00 $ 5,000.00 Direct Grants - Community Housing and Shelter Services - HP 54706 1489 $ - $ 20,000.00 $ 20,000.00 Services City Forces - Interfund 54500 1489 $ - $ 5,000.00 $ 5,000.00 Direct Grants - Haven Women's Shelter 54706 1490 $ - $ 45,000.00 $ 45,000.00 Services City Forces - Interfund 54500 1490 $ - $ 5,000.00 $ 5,000.00 Direct Grants - Youth for Christ 54706 1491 $ - $ 44,460.00 $ 44,460.00 Services City Forces - Interfund 54500 1491 $ - $ 5,000.00 $ 5,000.00 Principal Retirement 59001 $ 328,000.00 $ (328,000.00) $ - Interest Expense 59002 $ 14,500.00 $ (14,500.00) $ - Principal Retirement 59001 1498 $ - $ 328,000.00 $ 328,000.00 Interest Expense 59002 1498 $ - $ 14,500.00 $ 14,500.00 Transfer out to Project 101382 - MLK Park Project 71130 1504 $ - $ 350,000.00 $ 350,000.00 Services City Forces - Interfund 54500 1504 $ - $ 15,000.00 $ 15,000.00 TOTAL Expenses $ 384,851.00 $ 573,109.00 $ 957,960.00
Transfer In from Fund 1155 61155 $ - $ 32,000.00 $ 32,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1504 $ - $ 365,000.00 $ 365,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1486 $ - $ 26,000.00 $ 26,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1487 $ - $ 15,000.00 $ 15,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1488 $ - $ 53,000.00 $ 53,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1489 $ - $ 25,000.00 $ 25,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1490 $ - $ 50,000.00 $ 50,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1491 $ - $ 49,460.00 $ 49,460.00 Intergov - Federal Housing Urban Development Current Year 42030 1498 $ - $ 342,500.00 $ 342,500.00 TOTAL Revenues $ - $ 957,960.00 $ 957,960.00
Total $ 384,851.00 $ (384,851.00) $ -
Funds Reimbursed with Entitlement Federal Funds Community Development Block Grant Funds (CDBG) FUND 1130 COST CENTER 14015
BUDGET ADDENDUM FISCAL YEAR 2023-2024
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Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 226,777.00 $ (226,777.00) $ - Services City Forces - Interfund 54500 1497 $ - $ 250,000.00 $ 250,000.00 TOTAL Expenses $ 226,777.00 $ 23,223.00 $ 250,000.00
Intergov - Federal Housing Urban Development Current Year 42030 1497 $ - $ 250,000.00 $ 250,000.00 TOTAL Revenues $ - $ 250,000.00 $ 250,000.00
Total $ 226,777.00 $ (226,777.00) $ -
BUDGET ADDENDUM FISCAL YEAR 2023-2024
Funds Reimbursed with Entitlement Federal Funds Community Development Block Grant Funds (CDBG) FUND 1130 COST CENTER 14020
City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 200,000.00 $ (200,000.00) $ - Direct Loan - 101469 Task 1496 Appr Unit C 54720 1496 $ - $ 500,000.00 $ 500,000.00 TOTAL Expenses $ 200,000.00 $ 300,000.00 $ 500,000.00
Transfer In From Fund 1130 CDBG 61130 $ 250,000.00
Intergov - Federal Housing Urban Development Current Year 42030 1496 $ - $ 250,000.00 $ 250,000.00 TOTAL Revenues $ - $ 500,000.00 $ 250,000.00
Total $ 200,000.00 $ (200,000.00) $ 250,000.00
BUDGET ADDENDUM FISCAL YEAR 2023-2024
Funds Reimbursed with Entitlement Federal Funds Community Development Block Grant Funds (CDBG) Revolving Loan Fund - FUND 1150 Project 101469
City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 28,644.00 $ (28,644.00) $ - ESG FY 2023-24 Project 101470 - Services City Forces - Appr Unit C 54500 1500 $ - $ 12,108.83 $ 12,108.83 ESG FY 2023-24 Project 101470 - Direct Grants - HMIS 54706 1499 $ - $ 2,342.17 $ 2,342.17 ESG FY 2023-24 Project 101470 - Direct Grant - Street Outreach 54706 1494 $ - $ 40,000.00 $ 40,000.00 ESG FY 2023-24 Project 101470 - Services City Forces - Interfund 54500 1494 $ - $ 2,500.00 $ 2,500.00 ESG FY 2023-24 Project 101470 - Direct Grant - Shelter 54706 1495 $ - $ 48,000.00 $ 48,000.00 ESG FY 2023-24 Project 101470 - Services City Forces - Interfund 54500 1495 $ - $ 2,000.00 $ 2,000.00 ESG FY 2023-24 Project 101470 - Direct Grant - Rapid Rehousing 54706 1493 $ - $ 50,000.00 $ 50,000.00 ESG FY 2023-24 Project 101470 - Services City Forces - Interfund 54500 1493 $ - $ 4,500.00 $ 4,500.00 ESG FY 2023-24 Project 101470 - Direct Grant - Homeless Prevention 54706 1501 $ - $ - $ - ESG FY 2023-24 Project 101470 - Services City Forces - Interfund 54500 1501 $ - $ - $ - TOTAL Expenses $ 28,644.00 $ 132,807.00 $ 161,451.00 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1500 $ - $ 12,108.83 $ 12,108.83 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1499 $ - $ 2,342.17 $ 2,342.17 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1494 $ - $ 42,500.00 $ 42,500.00 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1495 $ - $ 50,000.00 $ 50,000.00 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1493 $ - $ 54,500.00 $ 54,500.00 ESG FY 2023-24 Project 101470 - Intergov -Federal Housing Urban Development 42030 1501 $ - $ - $ - TOTAL Revenues $ - $ 161,451.00 $ 161,451.00 Total $ 28,644.00 $ (28,644.00) $ -
BUDGET ADDENDUM FISCAL YEAR 2023-2024
Funds Reimbursed with Entitlement Federal Funds Emergency Solutions Grant (ESG) FUND 1180 COST CENTER 14050
City of Modesto Community & Economic Development Department Community Development Division Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED Services City Forces - Interfund 54500 $ 128,194.00 $ (128,194.00) $ - HOME FY 2023-24 Project 101471 - Services City Forces - 1502 Appr Unit C 1502 $ - $ 92,965.60 $ 92,965.60 HOME FY 2023-24 Project 101471 - Direct Loan - Appr Unit C $ - $ 836,690.40 $ 836,690.40 TOTAL Expenses $ 128,194.00 $ 801,462.00 $ 929,656.00 HOME FY 2023-24 Project 101471 - Intergov - Federal Housing Urban Development 42030 1502 $ - $ 929,656.00 $ 929,656.00 TOTAL Revenues $ - $ 929,656.00 $ 929,656.00
Total $ 128,194.00 $ (128,194.00) $ -
COST CENTER 14030
BUDGET ADDENDUM FISCAL YEAR 2023-2024
Funds Reimbursed with Entitlement Federal Funds HOME Investment Partnerships Program (HOME) FUND 1170 #25..
- 813 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum

2. Amend the budget of PW – Solid Waste Management (56010) cost center within the Solid Waste Fund (4891) to reduce the expense budget by $425,950. The adjustment is listed below:
4891 - Solid Waste Fund
56010- PW - Solid Waste Management
Expenditures
FY 2023-24
Adopted
FY 2023-24
Amended
51307 - Boot Allowance $3,000 $1,800
53175 - Advertising $214,300 $180,000
53176 - Promotion
Expense $364,500 $250,000
53300 - Professional
Services $485,950 $250,000
53450 - Legal Services $100,000 $60,000

3. Amend the budget of PW – City Services for StanRTA-Citywide Agreement (51019) cost center within the Non-Capital Public Works (Non-Grant) Fund (1381) to reduce the expense budget by $199,013 as the cost center is no longer being used. 1381 – Non-Capital Public Works (Non-Grant)
51019 – City Services for StanRTA-Citywide
Agreement
Expenditures
FY 2023-24
Adopted FY 2023-24 Amended
51001 – Salaries and
Wages – Regular $137,880 -
51501 – Life Insurance $273 -
51502 – Health Insurance $36,720 -
51503 – Dental Insurance $3,624 -
51504 – Vision Insurance $480 -
51505 - Disability
Insurance $306
-
51506 – Medicare $1,999 -
51509 - RHS Plan City
Paid $2,400
-
51510 - Public Agency
Retirement System $13,085
-
51520 - Long-term
Disability Surcharge
Component $207
-
51530 - Deferred
Compensation
$1,761
-
51555 - Unemployment
Insurance
$279
-
#25..
- 814 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum

4. Amend the budget of TRRP Operations – JPA (80300) cost center within the JPA – Tuolumne River Regional Park (TRRP) Fund (6700) to reduce the revenue budget by $13,909 as the County will not be increasing their contribution to TRRP for Fiscal Year 2023-2024. Additionally, there was one direct charge agreement received and the following revenue and expense account need to be increased: 4892-56040- 45004 increase of $49,978 and 6700-80300-54500 increase of $49,978.

5. Create the operating Budget for the new cost center ENG – Administration (0100- 13110) as part of the City re-organization and creation of the new Engineering Department. The budget for the new cost center is listed below:
0100 – General Fund
13110 – ENG - Administration
Expenditures FY 2023-24
Adopted
FY 2023-24
Amended
51400 – Budget Only – Salary Adjustment –
Increase - $187,692
51401 – Budget Only – Salary Adjustment –
New Position - $94,640
51900 – Budget Only – Benefit Adjustment –
Increase - $52,716
51901 – Budget Only – Benefit Adjustment –
New Position - $63,093
52010 – Office Supplies - $2,500
52015 - Printing and Binding - $500
53025 – Training Expenses - $2,500
53030 – Business Expenses - $20,000
53300 – Professional Services - $25,000
51991 - Service Credits - Intrafund - ($24,800)
Total Expenditures - $423,841
Revenues
45004 - Interfund Charges - Service Credit
Labor Charges -
$76,879
Total Revenues - $76,879

6. Transfer the CED – Land Development Engineering (0100-14310) to ENG – Land Development Engineering (0100-13120) as part of the City re-organization and creation of the new Engineering Department. The budget for the new cost center is listed below:
#25..
- 815 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 0100-14310 - CED -
Land Development
Engineering
0100-13120 - ENG - Land
Development Engineering
Expenditures FY 2023-24
Adopted
FY 2023-24 Amended
Budget
51001 - Salaries and Wages - Regular 483,287 483,287
51223 - Incentive Pay 2,711 2,711
51307 - Boot Allowance 600 600
51403 - Budget Only - Salary Adjustment
- Decrease -
(172,290)
51501 - Life Insurance 585 585
51502 - Health Insurance 46,032 46,032
51503 - Dental Insurance 6,216 6,216
51504 - Vision Insurance 816 816
51505 - Disability Insurance 1,073 1,073
51506 - Medicare 7,008 7,008
51509 - RHS Plan City Paid 8,400 8,400
51510 - Public Agency Retirement
System 46,121
46,121
51515 - PERS - Unfunded Accrued
Liability Lump Sum 76,076
76,076
51520 - Long-term Disability Surcharge
Component 725
725
51530 - Deferred Compensation 15,430 15,430
51550 - Workers Compensation 4,770 4,770
51555 - Unemployment Insurance 976 976
51560 - Employee Assistance 110 110
51565 - Employee Benefits Admin 3,226 3,226
51570 - Employee Leave
Reimbursement 10,877
10,877
51903 - Budget Only - Benefit
Adjustment - Decrease -
(42,449)
51991 - Service Credits - Intrafund (28,898) (4,098)
52001 - Miscellaneous Supplies 700 700
52010 - Office Supplies 5,000 5,000
52015 - Printing and Binding 500 500
52025 - Postage Expenses 100 100
52030 - Books and Periodicals 450 450
52170 - PC Software and Supplies 3,500 3,500
52301 - Computer Equipment <$5,000 5,000 5,000
53020 - Conference Expenses 4,000 4,000
53025 - Training Expenses 4,400 4,400
53030 - Business Expenses 450 450
53048 - Cell Phone Utility Expenses 1,000 1,000
#25..
- 816 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 53070 - Rental of Real Property 18,402 18,402
53073 - Rental of Photocopy Service
Supply 1,750
1,750
53086 - Records Services - Outside 450 450
53100 - Repair and Maintenance
Services 400
400
53300 - Professional Services 51,774 51,774
53450 - Legal Services 1,000 1,000
54160 - Membership and Dues 200 200
54500 - Services City Forces - Interfund 87,402 87,402
54550 - ISF - Fleet Operating and
Maintenance 5,688
5,688
57002 - Furnishing and Office Equipment
> $5,000 5,000
5,000
58010 - ISF - Mail Services - Inside 978 978
58025 - ISF - JPA City Allocation 3,169 3,169
58040 - ISF - Infrastructure Technology
and Information Charges 2,922
2,922
58041 - ISF - Replacement Technology
and Information Charges 2,732
2,732
58042 - ISF - Operations Technology
and Information Charges 57,818
57,818
58070 - ISF - Liability Insurance 10,647 10,647
Total Expenditures 961,573 771,634
Revenues 0
43202 - CS - CD - Zoning/Admin
Approval Fees 16,000
16,000
43204 - CS - CD - General Plan/Specific
Plan 700
700
43205 - CS - CD - Land Division Fees 50,000 50,000
43208 - CS - CD - Map Checking Fees 15,000 15,000
43213 - CS - CD - As-Built Process Fee 1,200 1,200
43342 - CS - PS - Inspection 5,000 5,000
43809 - CS - PW - Will Serve Letter Fee
- Water 5,000
5,000
43813 - CS - PW - Outside City Water
Agreement 2,500
2,500
43856 - CS - PW - Outside City Sewer
Agreements 5,000
5,000
43860 - CS - PW - Stormwater Quality
Review 30,000
30,000
43861 - CS - PW - Will Serve Letter Fee
- Sewer 1,500
1,500
44023 - Permits - Removal 13,000 13,000
#25..
- 817 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 44025 - Permits - Encroachment 55,000 55,000
45004 - Interfund Charges - Service
Credit Labor Charges 180,239
103,360
Total Revenues 380,139 303,260

7. Transfer the UPP – Construction Administration (1300-42020) to ENG – Construction Administration (1300-13210) as part of the City re-organization and creation of the new Engineering Department. The budget for the new cost center is listed below:
1300-42020 - UPP -
Construction
Administration
1300-13210 - ENG -
Construction Administration
Expenditures FY 2023-24 Adopted FY 2023-24 Amended
Budget
51001 - Salaries and
Wages - Regular 1,522,613
1,522,613
51161 - Cashout -
Management Leave 5,500
5,500
51200 - Overtime 40,000 40,000
51225 - Stand-by Pay 40,000 40,000
51307 - Boot Allowance 4,800 4,800
51501 - Life Insurance 1,638 1,638
51502 - Health Insurance 226,224 226,224
51503 - Dental Insurance 24,084 24,084
51504 - Vision Insurance 3,168 3,168
51505 - Disability
Insurance 3,380
3,380
51506 - Medicare 22,078 22,078
51509 - RHS Plan City
Paid 27,600
27,600
51510 - Public Agency
Retirement System 144,496
144,496
51515 - PERS - Unfunded
Accrued Liability Lump
Sum
243,530
243,530
51520 - Long-term
Disability Surcharge
Component
2,284
2,284
51530 - Deferred
Compensation 34,906
34,906
51550 - Workers
Compensation 25,058
25,058
#25..
- 818 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 51555 - Unemployment
Insurance 3,076
3,076
51560 - Employee
Assistance 330
330
51565 - Employee
Benefits Admin 10,966
10,966
51570 - Employee Leave
Reimbursement 35,271
35,271
52010 - Office Supplies 7,600 7,600
52025 - Postage
Expenses 250
250
52030 - Books and
Periodicals 1,500
1,500
52102 - Stores Services -
Inside 3,000
3,000
52160 - Personal
Protection Equipment 2,000
2,000
52170 - PC Software and
Supplies 120,350
120,350
52300 - Tools and Field
Supplies <$5,000 10,000
10,000
52301 - Computer
Equipment <$5,000 5,000
5,000
53020 - Conference
Expenses 10,000
10,000
53025 - Training
Expenses 21,000 21,000
53030 - Business
Expenses 3,000
3,000
53047 - Phone Expenses 300 300
53048 - Cell Phone Utility
Expenses 15,000
15,000
53086 - Records Services
- Outside 3,000
3,000
53100 - Repair and
Maintenance Services 3,500
3,500
53300 - Professional
Services 2,000
2,000
53450 - Legal Services 3,000 3,000
53600 - Temporary
Employee Services 30,000
30,000
54160 - Membership and
Dues 500
500
#25..
- 819 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 54500 - Services City
Forces - Interfund 106,855
106,855
54501 - Services City
Forces - Intrafund 60,683
60,683
54502 - Services City
Forces Non-Labor 11,653
11,653
54550 - ISF - Fleet
Operating and
Maintenance
48,411
48,411
54551 - ISF - Fleet
Replacement Expenses 13,905
13,905
58010 - ISF - Mail
Services - Inside 2,040
2,040
58025 - ISF - JPA City
Allocation 54,885
54,885
58030 - ISF - Cost
Allocation 73
73 58040 - ISF -
Infrastructure Technology
and Information Charges
9,935
9,935
58041 - ISF -
Replacement Technology
and Information Charges
9,288
9,288
58042 - ISF - Operations
Technology and
Information Charges
110,875
110,875
58070 - ISF - Liability
Insurance 36,389
36,389
Total Expenditures 3,126,993 3,126,993
Revenues
43258 - CS - CD - Time
and Materials Fees 100,000
100,000
44025 - Permits -
Encroachment 50,000
50,000
45004 - Interfund Charges
- Service Credit Labor
Charges
3,433,125
3,433,125
Total Revenues 3,583,125 3,583,125

8. Transfer the CED – Transportation Engineering and Design (1300-14610) to ENG – Transportation Engineering and Design (1300-13220) as part of the City reorganization and creation of the new Engineering Department. The budget for the new cost center is listed below:
#25..
- 820 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 1300-14610 - CED -
Transportation Engineering and
Design
1300-13220 - ENG -
Transportation Engineering and
Design
Expenditures FY 2023-24 Adopted FY 2023-24 Amended
Budget
51001 - Salaries and Wages
- Regular 1,470,258
1,470,258
51223 - Incentive Pay 3,365
3,365
51307 - Boot Allowance 2,000
2,000
51501 - Life Insurance 2,496
2,496
51502 - Health Insurance 168,912
168,912
51503 - Dental Insurance 20,196
20,196
51504 - Vision Insurance 2,664
2,664
51505 - Disability Insurance 3,264
3,264
51506 - Medicare 21,319
21,319
51509 - RHS Plan City Paid 21,600
21,600
51510 - Public Agency
Retirement System 139,847
139,847
51515 - PERS - Unfunded
Accrued Liability Lump Sum 242,405
242,405
51520 - Long-term Disability
Surcharge Component 2,205
2,205
51530 - Deferred
Compensation 42,228
42,228
51550 - Workers
Compensation 17,625
17,625
51555 - Unemployment
Insurance 2,970
2,970
51560 - Employee
Assistance 264
264
51565 - Employee Benefits
Admin 9,031
9,031
51570 - Employee Leave
Reimbursement 33,751
33,751
#25..
- 821 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 52001 - Miscellaneous
Supplies 1,500
1,500
52010 - Office Supplies 5,250
5,250
52015 - Printing and Binding 300
300
52025 - Postage Expenses 100
100
52030 - Books and
Periodicals 673
673
52160 - Personal Protection
Equipment 1,650
1,650
52170 - PC Software and
Supplies 11,830
11,830
52301 - Computer
Equipment <$5,000 8,600
8,600
53020 - Conference
Expenses 3,000
3,000
53025 - Training Expenses 6,300
6,300
53030 - Business Expenses 300
300
53048 - Cell Phone Utility
Expenses 2,400
2,400
53049 - Cable/Internet Utility
Services 500
500
53070 - Rental of Real
Property 39,000
39,000
53073 - Rental of Photocopy
Service Supply 1,750
1,750
53100 - Repair and
Maintenance Services 3,677
3,677
53175 - Advertising 600
600
53300 - Professional
Services 1,000
1,000
54160 - Membership and
Dues 2,475
2,475
54500 - Services City Forces
- Interfund 34,157 34,157
54550 - ISF - Fleet
Operating and Maintenance 3,290
3,290
#25..
- 822 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 54551 - ISF - Fleet
Replacement Expenses 66
66 58010 - ISF - Mail Services -
Inside 20
20 58025 - ISF - JPA City
Allocation 17,862
17,862
58040 - ISF - Infrastructure
Technology and Information
Charges
8,182
8,182
58041 - ISF - Replacement
Technology and Information
Charges
7,649
7,649
58042 - ISF - Operations
Technology and Information
Charges
86,632
86,632
58070 - ISF - Liability
Insurance 160,672
160,672
Total Expenditures 2,615,835 2,615,835
Revenues
45004 - Interfund Charges -
Service Credit Labor
Charges
2,597,830
2,597,830
Total Revenues 2,597,830 2,597,830

9. Transfer the Traffic Engineer position from PW – Traffic Engineering (1700-53510) to ENG – Transportation Engineering and Design (1300-13220) as part of the City re-organization and creation of the new Engineering Department. The budget for the re-allocation is listed below:
1700-53510
PW – Traffic
Engineering
1300-13220 -
ENG -
Transportation
Engineering and
Design
Expenditures FY 2023-24
Adopted
FY 2023-24
Amended
Budget
51400 – Budget Only – Salary
Adjustment – Increase
-
141,421
51403 – Budget Only – Salary
Adjustment – Decrease
(141,421) -
51900 – Budget Only – Benefit
Adjustment – Increase
- 41,686
#25..
- 823 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 51903 – Budget Only – Benefit
Adjustment – Decrease
(41,686) -
Revenue
45004 - Interfund Charges -
Service Credit Labor Charges
(9,797) 9,797

10.Transfer the CED - Neighborhood Preservation (0100-14220) to MPD - Neighborhood Preservation (0100-19227) as part of the City re-organization to ultimately align with Area Command. The budget for the new cost center is listed below:
0100-14220 - CED -
Neighborhood
Preservation
0100-19227 - MPD -
Neighborhood
Preservation
Expenditures FY 2023-24 Adopted FY 2023-24 Amended
Budget
51001 - Salaries and Wages
- Regular 479,508
479,508
51307 - Boot Allowance 800 800
51501 - Life Insurance 507 507
51502 - Health Insurance 71,736 71,736
51503 - Dental Insurance 10,488 10,488
51504 - Vision Insurance 1,380 1,380
51505 - Disability Insurance 1,065 1,065
51506 - Medicare 6,953 6,953
51509 - RHS Plan City Paid 14,400 14,400
51510 - Public Agency
Retirement System 45,505
45,505
51515 - PERS - Unfunded
Accrued Liability Lump Sum 74,744
74,744
51520 - Long-term Disability
Surcharge Component 719
719
51530 - Deferred
Compensation 13,698
13,698
51550 - Workers
Compensation 4,104
4,104
51555 - Unemployment
Insurance 969
969
51560 - Employee
Assistance 132
132
51565 - Employee Benefits
Admin 5,161
5,161
51570 - Employee Leave
Reimbursement 11,135
11,135
#25..
- 824 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 52010 - Office Supplies 2,000 2,000
52015 - Printing and Binding 500 500
52030 - Books and
Periodicals 100
100
52170 - PC Software and
Supplies 300
300
52300 - Tools and Field
Supplies <$5,000 900
900
53025 - Training Expenses 4,590 4,590
53030 - Business Expenses 2,000 2,000
53048 - Cell Phone Utility
Expenses 5,760
5,760
53100 - Repair and
Maintenance Services 500
500
54160 - Membership and
Dues 900
900
54501 - Services City Forces
- Intrafund 140,728
140,728
54550 - ISF - Fleet
Operating and Maintenance 10,660
10,660
54551 - ISF - Fleet
Replacement Expenses 11,788
11,788
58010 - ISF - Mail Services -
Inside 20,884
20,884
58025 - ISF - JPA City
Allocation 14,751
14,751
58040 - ISF - Infrastructure
Technology and Information
Charges
4,675
4,675
58041 - ISF - Replacement
Technology and Information
Charges
4,371
4,371
58042 - ISF - Operations
Technology and Information
Charges
69,059
69,059
58070 - ISF - Liability
Insurance 9,159
9,159
Total Expenditures 1,046,628 1,046,628
Revenues
43280 - CS - CD - Vacant
Properties Ordinance
Registration Fee
5,000
5,000
44028 - Permits - Outdoor
Promo/Sales 1,000
1,000
#25..
- 825 -
Exhibit 5 - FY 2023-24 Proposed Operating and Multi-Year Budget Addendum 45004 - Interfund Charges -
Service Credit Labor
Charges
184,758
184,758
46003 - Sidewalk Property
Use Fee 1,000
1,000
46505 - FF - Compliance
Order Fines 1,550
1,550
Total Revenues 193,308 193,308
#25..
- 826 -
Classification Attachment Agreement
Exhibit 6
Description of Adjustment Salary Range
Assignment
Cost Center Department OPN
New Classification ICMA Management Fellow 415 02010 City Manager Office New Range change adjustment for existing Central Stores
Supervisor 430 12510 Finance Department 1467
New Classification of Assistant Fire Chief 528 18110 Fire Department New New Classification of Emergency Medical Services Quality Improvement Coordinator - RN 437 18221 Fire Department New Title Change of existing Outreach Specialist position to Public Safety Outreach Specialist N/A 19205/19206 Police Department 1458/ 1459/ 1460/
1461/ 1545/ 1546/
1572/ 1573/ 1574/
1575
Title Change of existing Senior Outreach Specialist position to Senior Public Safety Outreach Specialist N/A 19220 Police Department 1569/ 1570 New Classification of Police Hiring Supervisor 433 19420 Police Department New New Classification of Police Park Ranger 1114 19225/19226 Police Department New New Classification of Police Aircraft Pilot 1150 19322 Police Department New New Classification of Public Safety Communications
Manager
445 19420 Police Department New
Title and Range change adjustment for existing Public
Safety Information Coordinator to Public Safety
Information Officer
445 19110 Police Department 0901
New Classification of Senior Landscape Architect/ Senior Architect 440 32020 Parks Recreation and Neighborhoods New Title Change from Parks Project Coordinator to Associate Landscape Architect/ Associate Architect 436 32020 Parks Recreation and Neighborhoods 1402/ 1164/ 1325/
1552
New Classification of Senior Public Works Manager 453 53254 Public Works Department 1243 Title change of existing Electrician Assistant I/II/III to Electrician Apprentice I/II/III N/A 53540 Public Works Department 0662/ 0663/ 1398 Title change of vacant Welder/ Fabricator to Heavy
Equipment Mechanic II N/A 53255 Public Works Department 0568 Title change of vacant Traffic Operations Engineer to
Senior Civil/ Traffic Engineer
450 53510 Public Works Department 0147
Title change of vacant Materials Management/City
Arborist to Forestry Manager
448 56040 Public Works Department 1232
New Classification of Solid Waste Specialist 120 56010 Public Works Department New Title change from vacant Property Agent to Engineering
Project Coordinator
135 42024 Utilities 0039
New Classification of Process Control Technician Trainee 119 42020/45050 Utilities New New Classification of Process Control Technician 132 44313/44410 Utilities New Title change of existing Electrical & Instrumentaion
Crewleader to SR Electrical & Instrumentation Technician 135 44410 Utilities 0668 New Classification of Director of Engineering Services 1429 13110 Engineering Services New

#25..
- 827 -
Position Allocation Resolution
Exhibit 7
QTY Description of Adjustment Cost Center Department OPN

1.0 FTE Allocate (1) Deputy City Attorney III 04011 City Attorney Division New

1.0 FTE Allocate (1) Legal Secretary II 04011 City Attorney Division New

1.0 FTE Reallocate (1) Administrative Office Assistant III Conf. to (1) Deputy City Clerk 05010 City Clerk's Division 0457

2.0 FTE
Reallocate (2) existing Administrative Office Assistants I to (2) Administrative Office Assistants II flex -
Reclassify existing incumbents
05010 City Clerk's Division 0472/ 0473

1.0 FTE Allocate (1) Deputy City Clerk Position 05011 City Clerk's Division New

2.0 FTE Allocate Two (2) ICMA Management Fellows 02010 City Manager's Office New

1.0 FTE Allocate (1) Community Development Program
Specialist II in HUD 14111 Community and Economic
Development Department New

1.0 FTE Allocate (1) Business Analyst Position in Building Safety Division
14180 Community and Economic
Development Department New

1.0 FTE Allocate (1) Development Services Technician in Planning Services
14410 Community and Economic
Development Department New

1.0 FTE
Allocate (1) Admin Analyst 1/II in Planning Services
14410 Community and Economic
Development Department New

2.0 FTE Allocate (2) Code Enforcement Officers in
Neighborhood Preservation Division 19228 Community and Economic Development Department New

1.0 FTE Move (1) existing City Engineer 13120 Engineering Services 0024

1.0 FTE Move (1) existing Traffic Engineer 13220 Engineering Services 0037

1.0 FTE Move (1) existing Senior Land Surveyor 13120 Engineering Services 0085

1.0 FTE Move (1) existing Senior Civil Engineer 13220 Engineering Services 0137

1.0 FTE Move (1) existing Senior Civil Engineer 13220 Engineering Services 0138

1.0 FTE Move (1) existing Senior Civil Engineer 13120 Engineering Services 0142

1.0 FTE Move (1) existing Senior Civil Engineer 13220 Engineering Services 0143

1.0 FTE Move (1) existing Associate Civil/Traffic Engineer 13220 Engineering Services 0149

1.0 FTE Move (1) existing Associate Engineer 13220 Engineering Services 0150

1.0 FTE Move (1) existing Associate Civil/Traffic Engineer 13210 Engineering Services 0155

1.0 FTE Move (1) existing Associate Civil/Traffic Engineer 13220 Engineering Services 0156

1.0 FTE Move (1) existing Assistant Engineer 13220 Engineering Services 0157

1.0 FTE Move (1) existing allocation of Associate Engineer from CED
13120 Engineering Services 0160

1.0 FTE Move (1) existing Engineering Assistant II 13220 Engineering Services 0161

1.0 FTE Move (1) existing Construction Inspection Supervisor 13210 Engineering Services 0205

1.0 FTE Move (1) existing Senior Construction Inspector 13210 Engineering Services 0206

1.0 FTE Move (1) existing Senior Construction Inspector 13210 Engineering Services 0207

1.0 FTE Move (1) existing Construction Inspector 13210 Engineering Services 0208

1.0 FTE Move (1) existing Construction Inspector 13210 Engineering Services 0209

1.0 FTE Move (1) existing Construction Inspector 13210 Engineering Services 0210

1.0 FTE Move (1) existing Construction Inspector 13210 Engineering Services 0211

1.0 FTE Move (1) existing Engineering Assistant II 13120 Engineering Services 0213

1.0 FTE Move (1) existing Engineering Assistant II 13220 Engineering Services 0224

#25..
- 828 -
Position Allocation Resolution
Exhibit 7
QTY Description of Adjustment Cost Center Department OPN

1.0 FTE Move (1) existing Associate Civil/Traffic Engineer 13220 Engineering Services 0225

1.0 FTE Move (1) existing Engineering Assistant II 13210 Engineering Services 0227

1.0 FTE Move (1) existing Associate Land Surveyor 13210 Engineering Services 0228

1.0 FTE Move (1) existing Development Services Technician II 13120 Engineering Services 0237

1.0 FTE Move (1) existing Administrative Analyst II 13210 Engineering Services 0287

1.0 FTE Move (1) existing Administrative Office Assistant III 13120 Engineering Services 0371

1.0 FTE Move (1) existing Administrative Office Assistant III 13210 Engineering Services 0381

1.0 FTE Move (1) existing Administrative Office Assistant III 13210 Engineering Services 0382

1.0 FTE Move (1) existing Associate Civil/Traffic Engineer 13220 Engineering Services 1234

1.0 FTE Move (1) existing Engineering Assistant II 13220 Engineering Services 1326

1.0 FTE Move (1) existing Administrative Analyst II 13220 Engineering Services 1390

1.0 FTE Move (1) existing Assistant City Engineer 13220 Engineering Services 1404

1.0 FTE Move (1) existing Construction Inspector 13210 Engineering Services 1446

1.0 FTE Move (1) existing Survey Party Chief 13210 Engineering Services 1447

1.0 FTE Allocate (1) Director of Engineering Services 13110/ 13120 Engineering Services New

1.0 FTE Allocate (1) Executive Assistant 13110 Engineering Services New

1.0 FTE Allocate (1) Administrative Analyst 13110 Engineering Services New

1.0 FTE Allocate (1) Account Clerk Position in Business Licensing
12430 Finance Department New
.75 FTE Allocate (.75) Senior Account Clerk in Business Licensing
12430 Finance Department New

1.0 FTE Allocate (1) Full-time Account Clerk Position 12111 Finance Department New

2.0 FTE Allocate (2) Account Clerk Positions in Utility Billing 12470 Finance Department New

1.0 FTE Allocate (1) Full-time Assistant Buyer 12511 Finance Department New

1.0 FTE Allocate (1) Storekeeper Position in Central Stores 12530 Finance Department New

1.0 FTE Reallocate (1) existing Admin Analyst to (1) Public Safety Business Analyst - reclassify incumbent 18111 Fire Department 1176

1.0 FTE Reallocate (1) existing Battalion Chief to (1) Fire Deputy Chief - reclassify incumbent 18110 Fire Department 1178

2.0 FTE Reallocate (2) Deputy Fire Chiefs to (2) Fire Assistant Chiefs in Fire Administration 18110 Fire Department 1177/ 1481

1.0 FTE Allocate (1) Hazmat Inspector Position in Fire
Prevention 18511 Fire Department New

1.0 FTE Allocate (1) Deputy Fire Chief in Fire Administration 18110 Fire Department New

3.0 FTE Allocate (3) Fire Captains in Emergency Services 18221 Fire Department New

1.0 FTE Allocate (1) Admininstrative Office Assistant III in Emergency Services
18221 Fire Department New

1.0 FTE Allocate (1) Emergency Medical Services Quality Improvement Coordinator - RN 18221 Fire Department New

1.0 FTE Reallocate (1) existing Human Resources Assistant to (1) Senior Human Resources Assistant 17610
Human Resources
Department
0364

#25..
- 829 -
Position Allocation Resolution
Exhibit 7
QTY Description of Adjustment Cost Center Department OPN

1.0 FTE Allocate (1) Human Resources Assistant Position in Human Resoruces Administration Division
17211
Human Resources
Department
New

1.0 FTE Reallocate (1) vacant Senior Software Analyst to (1) Principal Systems Engineer Position 17710 Information Technology 0484

1.0 FTE Allocate (1) Public Safety Principal Systems Engineer Position 17711 Information Technology New

4.0 FTE Reallocate (4) existing Parks Project Coordinators to (4) Associate Landscape Architect/ Associate Architect
32020
Parks Recreation and
Neighborhoods
1402/1164/ 1552/
1325

2.0 FTE Allocate (2) Senior Landscape Architect/ Senior Architect positions 32020
Parks Recreation and
Neighborhoods New

1.0 FTE Reallocate (.75) Recreation Coordinator to (1) in Recreation Operations Division 33030
Parks Recreation and
Neighborhoods New
.75 FTE Allocate (.75) Lead Service Worker Position - Limited Term in Cultural Services 34200
Parks Recreation and
Neighborhoods New

1.0 FTE Allocate (1) Head Groundskeeper Position in the Operations Services Division 35221
Parks Recreation and
Neighborhoods New

1.0 FTE Reallocate (1) existing Senior Administrative Assistant to (1) Police Hiring Supervisor; reclassify incumbent 19420 Police Department 0366

1.0 FTE Move (1) existing Code Enforcement Officer
Supervisor in NPU from CED allocation of 14220 19322 Police Department 1302

4.0 FTE Move (4) existing Code Enforcement Officers I/II in NPU from CED allocation of 14220 19322 Police Department 0186/ 0187/ 0188/ 1389

3.0 FTE Move (3) existing Administrative Office Assistant II's in NPU from CED allocation of 14220 19322 Police Department 0464/1303/1545

10.0 FTE Title Change of (10) existing Outreach Specialist position to (10) Public Safety Outreach Specialist
19205/19206/
19220 Police Department
1458/ 1459/ 1460/
0461/ 1545/ 1546/
1572/ 1573/
1574/1575

2.0 FTE
Title Change for (2) existing Senior Outreach Specialist positions to (2) Senior Public Safety Outreach
Specialist
19220 Police Department 1569/ 1570

1.0 FTE Allocate (1) Civilian Investigator Position in
Investigative Services 19222 Police Department New

4.0 FTE Allocate (4) Police Park Ranger Positions in the Park Ranger Program Division 19226 Police Department New

5.0 FTE Allocate (5) Community Service Officer Positions in Field Operations
19321 Police Department New

1.0 FTE Allocate (1) Police Civilian Supervisor Position in Records and Support Division 19421 Police Department New

1.0 FTE Allocate (1) Administrative Office Assistant III Confidential Position in Records and Support Division
19421 Police Department New

1.0 FTE
Reallocate (1) existing Public Safety Information
Coordinator to (1) Public Safety Information Officer;
reclassify incumbent
19110 Police Department 0901

1.0 FTE Allocate (1) Animal Control Officer Position in Animal Control Services Division 19451 Police Department New

1.0 FTE Allocate (1) Police Park Ranger 19220 Police Department New

#25..
- 830 -
Position Allocation Resolution
Exhibit 7
QTY Description of Adjustment Cost Center Department OPN

1.0 FTE Allocate (1) Police Aircraft Pilot 19322 Police Department New

1.0 FTE Allocate (1) Public Safety Communications Manager 19420 Police Department New

1.0 FTE Allocate (1) Police Lieutenant 19321 Police Department New

15.0 FTE Allocate (15) Police Officer Recruit 19321 Police Department New

1.0 FTE Eliminate (1) Administrative Services Tech II in City Services Stan RTA
51019 Public Works Department 0232

1.0 FTE Eliminate (1) Administrative Analyst in City Services Stan RTA
51019 Public Works Department 0294

1.0 FTE Reallocate (1) vacant Welder/ Fabricator to (1) Heavy Equipment Mechanic II
53255 Public Works Department 0568

1.0 FTE
Reallocate (1) vacant Materials Management
Superintendent/City Arborist to (1) Forestry Manager 56040 Public Works Department 1232

1.0 FTE Reallocate (1) vacant Operations Manager to (1) Senior Public Works Manager 53134 Public Works Department 1243

3.0 FTE Reallocate (3) existing Electrician Apprentice I/II/III to (3) flex promote to Electrician 53540 Public Works Department 0662/ 0663/ 1398

3.0 FTE Allocate (3) Equipment Operator I/II Positions in Streets, curbs, gutters and sidewalks 53142 Public Works Department New

1.0 FTE Reallocate (1) vacant Traffic Operations Engineer to Senior Civil/ Traffic Engineer 53510 Public Works Department 0147

1.0 FTE Allocate (1) Administrative Office Assistant II Position in Forestry Division 56041 Public Works Department New

1.0 FTE Allocate (1) Solid Waste Outreach Specialist 56010 Public Works Department New

1.0 FTE Allocate (1) Operation Crew Leader in Community Forestry
56041 Public Works Department New

1.0 FTE Allocate (1) Tree Trimmer Crew Leader in Community Forestry
56041 Public Works Department New

1.0 FTE Allocate (1) Maintenance Worker II in Community Forestry
56041 Public Works Department New

4.0 FTE Allocate (4) Tree Trimmer II in Community Forestry 56041 Public Works Department New

1.0 FTE Move (1) existing Wastewater Collections Systems Superintendent from Cost Center # 44210 44211 Utilities 0059

1.0 FTE
Reallocate (1) Environmental Compliance Inspector II
to (1) Senior Environmental Compliance Inspector 44113 Utilities 0217

1.0 FTE Move (1) existing Environmental Regulatory
Compliance Superintendent from Cost Center # 44110 44113 Utilities 0221

1.0 FTE Move (1) existing Administrative Services Technician from Cost Center # 44110 44010 Utilities 0233

1.0 FTE Reallocate (1) vacant Utilities Services Worker III to (1) Process Control Technician 42020/45050 Utilities 0602

1.0 FTE
Reallocate (1) existing Electrician Crewleader to (1)
Senior Electrician & Instrumentation Technician 44410 Utilities 0668

1.0 FTE Move (1) existing Utilies Services Worker III from Cost Center # 45065
45060 Utilities 0712

#25..
- 831 -
Position Allocation Resolution
Exhibit 7
QTY Description of Adjustment Cost Center Department OPN

1.0 FTE Move (1) existing Administrative Services Technician II from Cost Center # 44310 44010 Utilities 1258

1.0 FTE Reallocate (1) vacant Property Agent to (1)
Engineering Project Coordinator
42024 Utilities 0039

2.0 FTE Reallocate two (2) vacant Plant Mechanic II to (2) Process Control Technician 44313/44410 Utilities 0757/ 0758

#25..
- 832 -

CITY OF MODESTO
No. 6547

ELECTRICIAN – TRAFFIC AND BUILDINGS
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To perform a wide variety of skilled duties involving the installation, maintenance, troubleshooting, and repair of electrical systems and equipment involved with electrical support, including streetlights, street signals, automated traffic management systems, lighted crosswalks, building lighting, and may include working with high voltage up to 5,000 volts; and to assist with the training of personnel in the City’s electrician training program.

DISTINGUISHING CHARACTERISTICS
This is the journey level class in the Electrician – Traffic and Buildings series. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit. Employees within this class are assigned to a crew and are distinguished from Electrician Assistant III by the assignment of the full range of duties and complexity of work, including the maintenance and repair of high voltage systems.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from higher level supervisory, management, or department head staff.

May exercise technical and functional supervision over technical staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS - Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Diagnose problems and perform complex electrical maintenance and repair work involving municipal facilities, buildings, and street signal and lighting systems, including high voltage systems, traffic management, and closed-circuit television systems.

Install, maintain, and repair traffic signals and street lighting, including underground and overhead lines, poles, control circuits, preemption units, battery backup, detection loops, cameras, and microwaves; install, maintain, and repair communication systems including fiber optic, twisted pair, and radio equipment. #25..
- 833 -

CITY OF MODESTO
Electrician – Traffic and Buildings

Essential Functions (Continued):

Install, maintain, and repair control systems, motors, generators, analyzers, sensors, detectors, and other electromechanical and electronic equipment, including replacing boards, cards, chips, and other components.

Install, maintain, and repair electrical and lighting equipment, automated traffic control systems (ATMS), and intercommunication and computer systems in the City's buildings and parks.

Repair and replace defective or non-working electrical parts in communication hubs, motors, generators, pumps, controllers, switches, and other facilities and equipment.

Test, locate, and repair damaged electrical circuitry, communication, and fiber optic systems.

Inspect electrical equipment and lighting to ensure safe and satisfactory functioning.

Read blueprints, schematics, and electrical diagrams; participate in the design of electrical systems as necessary; recommend the development or changes to specifications.

May operate heavy equipment including backhoes, aerials, and other construction equipment; establish work zones and set up traffic controls and detours.

Develop material lists; obtain prices and purchase materials; maintain accurate records of work performed, materials used, and associated costs.

May train and have one or more assigned staff.

Perform confined space entries per City and Cal OSHA regulations.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Marginal Functions:

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:
#25..
- 834 -

CITY OF MODESTO
Electrician – Traffic and Buildings

Principles and practices used to design, construct, install, and maintain electrical and electronic systems, traffic signals, and street lighting.

Principles of electrical and electronic repair.

Electrical codes and related ordinances and regulations.

Electric motors and control systems.

Basic electronic circuitry.

Input and output addressing.

Practices of troubleshooting electrical, basic electronic, and fiber optic systems.

Methods, materials, tools, equipment, and procedures used in the repair of electrical and mechanical devices.

Safe work practices, including work zone safety, traffic controls, and confined space entry.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:

Learn to perform work in the trade area of electrical and electronic maintenance and repair.

Use and care for tools and equipment used in maintaining and repairing electrical and electronic devices.

Work with high voltage AC wiring and low voltage DC wiring.

Work with analog circuit troubleshooting.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Perform journey level work in the trade area of electrical and electronic maintenance and repair.
#25..
- 835 -

CITY OF MODESTO
Electrician – Traffic and Buildings

Ability to (Continued):

Repair electrical signal, lighting, control, and alarm systems.

Understand and interpret written and oral instructions, including blueprints and wiring diagrams.

Diagnose causes of electrical malfunction.

Perform mathematical computations as required in electrical and electronic circuits.

Assist others in municipal electrical and electronic maintenance repair.

Learn the difference between source and supply wiring.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Experience and Training Guidelines:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Minimum of five (5) years of increasingly responsible experience as an Electrician Apprentice, Electrician or Electrical Maintenance.

Training:

High School diploma or GED equivalency.

Completion of an Electrician/Electrical Apprentice Program with a minimum of 8,000 working hours and five (5) years of increasingly responsible experience.

License or Certificate:

Possession of a valid Class A or Class B Commercial California driver’s license with specific endorsements, as assigned, is required within sixty (60) days of appointment.
#25..
- 836 -

CITY OF MODESTO
Electrician – Traffic and Buildings

When assigned, possession of a valid Crane Operator Certificate, issued by the National Commission of Crane Operators, is required within six (6) months of assignment.

Failure to obtain any of the required licenses/certifications within the prescribed time will result in release from probation or termination.

PHYSICAL AND MENTAL REQUIREMENTS
Mobility: frequent performance of heavy manual labor; frequent standing for long periods of time; frequent bending and squatting. Lifting: frequent lifting up to 50 pounds; occasional lifting up to 75 pounds. Vision: constant use of overall vision. Must possess vision corrected to normal, including color vision sufficient to distinguish colored wires and indicator lights. Dexterity: frequent grasping, holding, and reaching.

Hearing/Talking: frequent hearing and talking in person. May be required to wear ear protection or hear in noisy conditions. Must possess hearing sufficient to safely work in traffic. Emotional/ Psychological: frequent coworker contact; frequent working alone.

Environmental: frequent exposure to loud noise; frequent exposure to high voltage, chemicals, fumes, wastewater, storm water and other environmental substances.

WORKING CONDITIONS
Work is performed in a typical outdoor environment on a year-round basis subject to typical street or field noise and environment including exposure to loud equipment and machinery and inclement weather. Incumbents regularly work with high voltage power lines and equipment and some duties are performed at night. Incumbents may work in aerial trucks at heights above 40 feet. Some positions may be assigned to remote locations. Positions may require occasional overtime, stand by, or weekend work and travel is rare.

Class Spec History
Adopted 11/06
Revised 12/08, 07/19, 06/20,
6/21, 07/23
BU Gen NS
#25..
- 837 -

CITY OF MODESTO
No.XXXX

ASSOCIATE LANDSCAPE ARCHITECT/ ASSOCIATE ARCHITECT
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To manage Parks Projects including Capital Improvement Projects (CIP), Park Partners Program, and compliance with environmental regulations and City development standards; and to perform a variety of technical level tasks relative to assigned area of responsibility.

DISTINGUISHING CHARACTERISTICS
This is the journey level in the Landscape Design series. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from higher level management or department head staff.

May exercise technical and functional supervision over technical and administrative support staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS - Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Coordinate and manage complex Parks Capital Improvement Projects (parks, trails, streets, and streetscapes, and building facilities), including media contact/interaction, administration of contracts with consultants/contractors, management of outside consultants in the preparation of construction documents and cost estimates, and inspection of construction to ensure federal, county, state, and city codes and standards are met.

Coordinate and manage complex Park Partner volunteer projects, including contact with local groups to secure interest, raise funds, facilitate meetings, coordinate purchases and deliveries, and supervise volunteers, contractors, vendors, and City forces in the construction and completion of projects.
#25..
- 838 -

CITY OF MODESTO
Parks Project Coordinator

Coordinate and conduct complex landscape plan checks and construction inspections for Capital Improvement Projects and residential and non-residential projects to ensure compliance with state and local ordinances, including but not limited to, the State Model Water Efficient Landscape Ordinance and Storm-water Quality Control Measure requirements.

Provide technical and professional support services to City staff, including other departments.

Assist with designing and updating the City’s standards for landscape, irrigation, streetscape, and park development including meeting with representatives of the construction and building industry to implement new City standards and development processes.

Maintain records of all plans and contract documents and prepare and maintain records for plan checking procedures.

Provide technical input, including cost estimates, for the preparation of the City Operating Budget and CIP budget.

Prepare, manage, and review complex Environmental Impact, CEQA, NEPA, and other regulatory agency documents and permits.

Coordinate and conduct public meetings on the development of neighborhood, community, and regional parks including preparation of reports and multi-media presentations to the City Council and citizens.

Perform acting responsibilities in the absence of the Senior Landscape Architect/ Senior Architect and/or Division Manager, including attending managerial meetings.

Monitor and provide training to staff which may include volunteers, interns, and alternative work force.

Use and provide technical assistance with a variety of computer aided design and graphic design software (i.e. AutoCAD, Adobe Suite, Sketchup, etc.) to design/refine designs of construction projects, including the preparation of professional construction documents and conceptual plans.

Design and inspect playground equipment for compliance with safety and accessibility requirements.

Prepare and manage federal, state, and county grant applications for CIP projects.

Identify and assist with the acquisition of property for park development. #25..
- 839 -

CITY OF MODESTO
Parks Project Coordinator

Essential Functions: (Continued)
Provide information to citizens and staff; respond to and resolve citizen inquiries and complaints.

Manage fund development as it relates to CIP and Park Partners projects.

Investigate field problems affecting property owners, contractors, and maintenance operations.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Pertinent federal, state, and local laws, codes, rules, and regulations.

Principles and practices of construction administration inspection.

Principles, practices, and methods of the Landscape Architecture, Architecture, and Civil Engineering professions as applied to park and park facilities design and construction installation.

Practices and principles of municipal budgeting.

Ability to:

Utilize graphic information such as blueprints, layouts, or other visual aids.

Facilitate public design workshops; negotiate outcome on a variety of issues.

Analyze complex design issues and effectively resolve them.

Incorporate fund-development processes in capital improvement projects. #25..
- 840 -

CITY OF MODESTO
Parks Project Coordinator

Present to a variety of private citizens, public groups, boards, commissions, councils, and other organizations, resulting in successful city/community partnerships.

Create multi-media presentations for private citizens, public groups, board, commissions, councils and other organizations.

Create landscape/architectural designs and construction documents that meet citizen needs.

Prepare and review construction plans and specifications, construction drawings, cost estimates, and bid documents.

Administer complex Capital Improvement Projects, including planning, coordination, and review of park and park facilities site development.

Effectively perform construction inspections for Capital Improvement Projects and residential and non-residential projects to ensure compliance with accessibility, water, and storm drainage ordinances.

Multi-task and work effectively in a fast-paced environment.

Establish and maintain effective working relationships with those contacted in the course of work.

Communicate clearly and concisely, both orally and in writing.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Three years of increasingly responsible experience in capital improvement program management including planning, design, and development of parks landscaping and building facilities.

Training:

Equivalent to a Bachelor’s degree from an accredited college or university with major course work in construction administration, land use planning, #25..
- 841 -

CITY OF MODESTO
Parks Project Coordinator

civil engineering, architecture, landscape architecture, public administration, business administration, or a related field is desired.

License or Certificate:

Possession of, or the ability to obtain, a valid California driver’s license.

Possession of, a registered Landscape Architect license for Associate Landscape Architect classification.

Possession of a registered Architect license for Associate Architect classification.

Physical and Mental Requirements:

Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds.

Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone.

Environmental: frequent exposure to noise.

WORKING CONDITIONS
Work is performed in a typical temperature-controlled office environment subject to typical office noise and environment. Some positions may be assigned to remote locations. Positions may require occasional overtime or weekend work and travel is rare.

Class Spec History
Adopted 11/07
Revised 03/10, 07/19,
07/20,7/23
BU Mgt/Conf NS
#25..
- 842 -

CITY OF MODESTO
NO. XXXX

DIRECTOR OF ENGINEERING SERVICES
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
The Director of Engineering Services will plan, organize, direct, and review the activities and operations of land development, construction, transportation, surveying and inspections within Engineering Services. Serves as an integral member of the Senior Executive Team.

Provides leadership to the department and City; coordinates assigned activities with other departments and outside agencies; and will provide highly responsible and complex administrative support to the City Manager and Deputy City Manager.

SUPERVISION RECEIVED AND EXERCISED
Receives general administrative direction from the City Manager and/or Deputy City Manager.

Exercises direct and/or indirect supervision over assigned management, supervisory, professional, technical, operations and maintenance, and administrative support staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS - Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Develop, plan, and implement Department goals and objectives; recommend and administer policies and procedures.

Coordinate Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the Deputy City Manager, City Manager, and City Council; prepare and present staff reports and other necessary correspondence.

Direct, oversee, and participate in the development of the Department's work plan; assign work activities, projects, and programs; monitor workflow; review and evaluate work products, methods, and procedures.

Supervise and participate in the development and administration of the Engineering Services Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures; implement mid-year adjustments.
#25..
- 843 -

CITY OF MODESTO
Director of Engineering Services

Essential Functions: (Continued)
Select, train, motivate, and evaluate personnel; provide a high level of leadership; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures; maintain the high standards necessary for the efficient and professional operation of the Department.

Develop and implement long and short-term strategic plans in support of department and City-wide goals and objectives.

Plan, organize, direct, and evaluate all operations related to engineering services, engineering operations, design, construction and maintenance.

Provide technical leadership to all engineering and development areas to include the City’s capital improvement programs.

Review plans, engineering reports, and budget estimates prepared by subordinates, outside consultants, and other departments.

Evaluate, recommend, and administer professional consultants and contracts.

Represent the Department to outside groups and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.

Maintain awareness of new trends and developments in the fields related to the operation and maintenance of the City's infrastructure; incorporate new developments as appropriate.

Research, prepare, and present technical and administrative reports and studies; prepare written correspondence as necessary.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:

Perform related duties as assigned.
#25..
- 844 -

CITY OF MODESTO
Director of Engineering Services