Agenda packet, first session — Modesto City Council, June 13, 2023 (part 1 of 4)

- 1 -
6/13/2023 5:30:00 PM

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 13, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
- 1 -
6/13/2023
- 2 -
6/13/2023 5:30:00 PM

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
- 2 -
6/13/2023
- 3 -
6/13/2023 5:30:00 PM
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring June 19, 2023 as Juneteenth Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

MISCELLANEOUS
Legislation, Appointments, Other

2. Consider appointing Evan Yoshino to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Evan Yoshino to the Board of Building Appeals with a term expiration date of January 1, 2027.

CED; Oscar Diaz, 209-577-5232, [email protected]
- 3 -
6/13/2023
- 4 -
6/13/2023 5:30:00 PM

3. Consider accepting the resignation of Monica Valencia from the City of Modesto Culture Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Monica Valencia from the City of Modesto Culture Commission.

PRN; Ashley Weaver, 209-577-5428, [email protected]

4. Consider appointing former Culture Commission member Dewey Bedford to fill one Modesto Resident vacancy on the Culture Commission for a partial second term, from July 1, 2023 through December 31, 2024 (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing former Culture Commission member Dewey Bedford to fill one Modesto Resident vacancy on the Culture Commission with a partial term from July 1, 2023 through December 31, 2024.

PRN; Ashley Weaver, 209-577-5428, [email protected]

PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.

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

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

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

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
- 4 -
6/13/2023
- 5 -
6/13/2023 5:30:00 PM
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Consent

5. Consider approving the minutes from the June 6, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the June 6, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

6. Consider accepting the Public Improvements made by Public Storage, Inc. release securities upon expiration of statutory periods, and initiate reimbursement in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement. (Funding Source: City of Modesto Community Facilities District No. 2004-1 (Village One #2)) Staff Recommendation:
 Resolution accepting the Public Improvements made by Public Storage, Inc. at the south side of Sylvan Avenue between Elsakr Way and Wood Sorrel Drive as complete, release securities upon expiration of statutory periods, and initiate reimbursement for improvements in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

7. Consider approving an Agreement with Hinderliter, de Llamas & Associates (HdL), Brea, CA for Cannabis Consulting Services for a total amount not to exceed $784,050 over three years. (Funding Source: Cannabis Business Permit Fee and Various Funds) Staff Recommendation:
 Resolution approving an Agreement with Hinderliter, de Llamas & Associates, Brea, CA by utilizing the City of Hesperia Agreement for Cannabis Consulting Services for a two year Agreement with one one-year extension option, for an annual estimated amount of $261,350 and a total amount not to exceed $784,050 over three years; and authorizing the City Manager, or his designee, - 5 -
6/13/2023
- 6 -
6/13/2023 5:30:00 PM
to execute the Agreement.

FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent

8. Consider approving an Agreement with American Chiller Service, Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a total amount not to exceed $375,000 over five years. (Funding Source: Centre Plaza Fund) Staff Recommendation:
 Resolution approving the Agreement with American Chiller Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $375,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

PRN; Laurie Smith, 209-577-5437, [email protected]
Consent

9. Consider authorizing staff to apply for all Electric Vehicle Charging Station Grants. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving staff to apply for all Electric Vehicle Charging Station Grants available and authorizing the City Manager, or his designee, to sign and execute Grant Applications and related documents.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent

10. Consider authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program. (Funding Source: Solid Waste Fund)
Staff Recommendation:
 Resolution authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program, and authorizing the City Manager, or his designee, to sign grant applications and related documents.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent

11. Consider approving Prequalified Engineering Consultant Lists for Water, Wastewater, and Storm Drain for various Capital Improvement Projects for a period of three years, with two one-year extensions options. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
 Resolution approving a Prequalified Consultant List with Carollo Engineers, West Yost Associates, BKF and Woodard and Curran for Water, Wastewater, and Storm Drain Engineering Services for various Capital Improvement Program Projects for a period of three years, with two one-year extensions options at the written approval of the Utilities Director. - 6 -
6/13/2023
- 7 -
6/13/2023 5:30:00 PM
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent

12. Consider approving the Second Amendment to the Purchasing Agreement with All Season Lawn Landscaping for Lawn Maintenance Services for Water Wells and Tanks to a revised total amount of $402,671 and extending the term of the Agreement to December 31, 2023. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Second Amendment to the Purchasing Agreement with All Season Lawn Landscaping, Escalon, CA, for Lawn Maintenance Services for Water Wells and Tanks, increasing the total amount of $357,671 by $45,000 for a new total amount not to exceed $402,671, and extending the term of the Agreement from June 25, 2023 to December 31, 2023; and authorizing the City Manager, or his designee to execute the Second Amendment.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

13. Consider approving an Agreement with Envirogen Technologies for a Dual MinX Regenerable Ion Exchange Treatment System for a total amount not to exceed $1,660,348. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving an Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for a Dual MinX Regenerable Ion Exchange Treatment System in the amount of $1,509,407, plus $150,941 in additional services and materials if needed, for a total amount not to exceed $1,660,348 and authorizing the City Manager, or his designee to execute the Agreement.  Resolution amending the Fiscal Year 2022-23 Capital Improvement Project Multi-Year Budget in the amount of $1,785,348 to be transferred into the Project from Water Reserves to fund and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto on June 2, 2023

14. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to America West Medical Transportation, Inc in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving the application of America West Medical Transportation, Inc., and authorizing the issuance of a Permit to operate as a Non-Emergency - 7 -
6/13/2023
- 8 -
6/13/2023 5:30:00 PM
Medical Transport Company in the City of Modesto.

POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Published in the Modesto Bee on June 2, 2023.

15. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Quality Care Transportation, Inc in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the application Quality Care Transportation, Inc. and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.

POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected]

NEW BUSINESS

16. Consider approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Employees Association (MCEA), Modesto Confidential and Management Association (MCMA), and Modesto Police and Fire Non-Sworn Association (MPNSA) all for terms of July 1, 2023, through June 30, 2027 (Funding Source: All Funds) Staff Recommendation:
 Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Employees Association (MCEA) for a term of July 1, 2023, to June 30, 2027; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.  Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Confidential and Management Association (MCMA) for a term of July 1, 2023, to June 30, 2027; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.  Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Police and Fire Non-Sworn Association (MPNSA) for a term of July 1, 2023, to June 30, 2026, and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.  Resolution approving changes to benefit offerings for unrepresented NonSworn Management and Confidential Employees, including Charter Officers and Executives consistent with those in represented units as set forth in attached exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
 Resolution approving salary changes for Unrepresented Non-Sworn Management and Confidential Employees, including Charter Officers and - 8 -
6/13/2023
- 9 -
6/13/2023 5:30:00 PM
Executives consistent with those in represented units, effective June 20, 2023; superseding Resolution No. 2022-267, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
 Resolution amending the Class Range Table for General Classes to amend the salary range based on the labor market study
 Resolution amending the Class Range Table for Represented Management and Confidential Non-Sworn Classes to amend the salary range based on the labor market study
 Resolution amending the Class Range Table for Public Safety Non-Sworn Classes to amend the salary range based on the labor market study  Resolution amending the Class Range Table for Executive Management Classes to amend the salary range based on the labor market study  Resolution amending the Class Range Table for Unrepresented Management and Confidential Non-Sworn Classes to amend the salary range based on the labor market study
 Resolution amending the Fiscal Year 2023-24 Annual Operating Budget for the Memorandum of Understanding (MOU) Agreements and authorizing the City Manager to take the necessary steps to implement the required budget adjustments
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

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

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JUNE 13, 2023 AT 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the - 9 -
6/13/2023
- 10 -
6/13/2023 5:30:00 PM
Modesto City Council.

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

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Estate of Kim Jackson et al. v. City of Modesto, et al.

United States Eastern District
Case No.: 1:21-cv-00415-AWI-EPG

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Michael Karsner v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11774059, ADJ12373958
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association - 10 -
6/13/2023
- 11 -
6/13/2023 5:30:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 11 -
6/13/2023
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 16, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Appointment to the Board of Building Appeals – Evan Yoshino CONTACT: Oscar Diaz, Chief Building Official
[email protected] , 209-577-5232
DESCRIPTION:

Consider appointing Evan Yoshino to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Board of Building Appeals’ primary responsibility is to hear appeals from any person questioning an order of the City’s Chief Building Official related to building, plumbing, mechanical, electrical, dangerous building or housing codes. Additionally, the Board recommends changes to the building codes as appropriate. The members are appointed, to four-year terms with no limit to the number of terms they may serve.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

The Appointments committee met on May 8, 2023 and recommended the appointment of Evan Yoshino. Mr. Yoshino has construction knowledge and is qualified and willing to serve on the Board of Building Appeals
FISCAL IMPACT:

There is no fiscal impact related to this action.
#2..
- 12 -
City Council, June 13, 2023
Appointment to the Board of Building Appeals – Evan Yoshino

Page 2 of 2 ends

COMMITTEE RECOMMENDATION:

This item was taken to the Appointments Committee on May 8, 2023. The Committee discussed the appointment of Evan Yoshino, and it was decided to forward the recommendation to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Evan Yoshino to the Board of Building Appeals with a term expiration date of January 1, 2027.

Approved by:

Jessica Hill, Interim Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Yoshino Application

3. Bylaws
#2..
- 13 -
CEDD/BBA REAPPOINTMENT 04/04/2023

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPOINTING EVAN YOSHINO TO THE BOARD OF
BUILDING APPEALS WITH A TERM EXPIRATION OF JANUARY 1, 2027 WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, the Board of Building Appeals’ primary responsibility is to hear appeals from any person questioning an order of the City’s Chief Building Official related to building, plumbing, mechanical, electrical, dangerous building or housing codes, and
WHEREAS, the Board of Building Appeals’ members are appointed, to four-year terms with no limit to the number of terms they may serve, and WHEREAS, the Appointments Committee met on May 8, 2023, and recommended the appointment of Evan Yoshino to the Board of Building Appeals.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the appointment of Evan Yoshino to the Board of Building Appeals to a four-year term, with a term expiration of January 1, 2027.

BE IT FURTHER RESOLVED, that City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Board of Building Appeals, and the Secretary thereof.
#2..
- 14 -
CEDD/BBA REAPPOINTMENT 04/04/2023
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
#2..
- 15 -
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (â€œADAâ€) of 1990, the Fair Employment & Housing Act (â€œFEHAâ€), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (â€œCityâ€) will not discriminate against individuals on the basis of disability in the Cityâ €™s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To:*
Board of Building Appeals
If other, please specify:*
Note: The application period for the Community Police Review Board ended on January 31st, 2023. The Measure H Oversight board application period ended March 24th, 2023.

First Name
Evan
Last Name
Yoshino
Date of Birth* School* Grade*
Address
301 Virginia Ave
City
Modesto
State
CA
Zip Code
95354-0523
What Council District do you live in?
-- Select One --
Home Phone
2093459322
Work Phone
Email Address
[email protected]
Occupation
General Contractor
Print
Boards, Commissions & Committees Application - Submission #38501 Date Submitted: 4/24/2023
mm/dd/yyyy
#2..
- 16 -
Employer / Business
Business Address
City State Zip Code
Education
AA
Qualifications:

Are you a member of any of these groups?*
Check all that apply.

No, I am not a member of these groups.

Schools
Local Trade Associations
Chambers of Commerce
Nonprofit Organizations
Senior Citizens Groups
Non-partisan Political Organizations
Tax-payer Associations
Neighborhood Organizations
If so, please list the names of the groups you are a member of:* Past Lobbyist Disqualification*
I understand that I am unable to apply for this committee if I am or have been a lobbyist.

If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.
#2..
- 17 -
Are you now or have you ever been a lobbyist?*
Yes
No
Add inclusive date range:
—
Economic Interest Disqualification*
I understand that I must not have economic financial interest with the City of Modesto to apply for this committee.

Have you done business with the City that represents an economic interest?*
Yes
No
Add inclusive date range:
—
Are you an active Certified Public Accountant (CPA)?*
Yes
No
Financial Accounting or Performance Auditing Experience Requirement* I understand that I must have at least 2 years in financial or performance auditing to apply for this committee.

If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.
mm/dd/yyyy mm/dd/yyyy
mm/dd/yyyy mm/dd/yyyy
#2..
- 18 -
Do you have two (2) or more yearsâ€™ experience in financial or performance auditing? Yes
No
Full-time Highschool Enrollment Requirement*
I understand that I must be enrolled full-time in High School in order to apply for this committee or commission.

Are you enrolled full-time in high school?*
Yes
No
Modesto Resident Requirement*
I understand that I must be a Modesto resident in order to apply for this committee or commission.

Are you a Modesto resident?*
Yes
No
If yes, what was the date of residency?
6/10/2006
#2..
- 19 -
Registered Voter Requirement*
I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Are you a registered voter in the City of Modesto?
Yes
No
Are you a registered voter in Stanislaus County?
Yes
No
Employment Disqualification*
I understand that I cannot be employed by the City of Modesto or Stanislaus County and serve on this commission or committee.

Are you now or have you ever been
employed by the City of Modesto?*
Yes
No
If yes, in what capacity? Inclusive dates:
—
Relative Disqualification*
I understand that I am unable to apply for this committee if I am a relative by blood or marriage to the third degree of the mayor, member of the Council, any Charter Officer, or any department head.

If you do not meet at least one of the qualifications for the committee or commission you wish to apply for, your application may be rejected. Please review our other committees and commissions and apply for another that meets your interests or skillset.
mm/dd/yyyy
mm/dd/yyyy
#2..
- 20 -
Are you a relative by blood or marriage to the third degree of the mayor, member of the Council, any Charter Officer, or any department head or deputy department head?*
Yes
No
Do you have relatives or a member of your household who are employed by the City of Modesto, or who are currently serving on the City Council, or who are Board members or Commissioners? Yes
No
If yes, please explain:

List relevant employment, training, and experience, certificates of training, licenses, and professional registration.

I've been working in the construction industry for 27 years. I also served on the BBA previously as chairman, as well as the DAAB.

How did you learn about the board for which you are applying? Community Group
Newspaper
Place of Employment
Utility Bill Insert
Other (Please specify)
If other, please specify:

Describe your involvement in community activities and civic organizations. (Do not list partisan political parties.) What is it about this position that interests you?
I appreciate the work that goes into keeping our city and citizens safe. I am not a peace officer, but I'm quite familiar with construction and the building industry. This board is my way of contributing to the safety of our city in a field I understand. #2..
- 21 -
What qualities, experience, and expertise would you bring to it? Having already served on this board, I believe my calm demeanor, fair outlook, and experience with the building department and code enforcement are all things that make me a great fit.

Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability.

Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender
Male
Ethnicity
Two or more races
Are you currently, or have you ever, served in the Armed Forces? Yes
No
Do you consider yourself disabled?
Yes
No
Why do you want to serve on the Youth Commission?*
What do you see as the primary issues currently impacting youth in our community?* What skills and talents will you bring to the Commission?* What other clubs and extra curriculars are you involved in?* #2..
- 22 -
a. How many hours a week do you spend in these activities?* b. How will you prioritize your involvement in this role?* What do you enjoy doing with your free time?*
Are you able to meet the time and travel commitments of approximately three to four hours per month that come as a member of this commission?*
Yes
No
Regular general meetings are held on the 3rd Thursday of the month 4:00 p.m. at the Neighborhood Center at Marshall Park located at 420 Chicago Avenue, Building A, Modesto, CA 95351.

Note: To stay apprised of youth issues in Modesto, attendance at other meetings, such as City Council and other City boards and commissions, will be encouraged.

Applicant Acknowledgement*
If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.

Parent / Guardian Acknowledgement *
If selected, I commit to attending all my meetings and serving diligently to represent the youth of Modesto on the Youth Commission.
#2..
- 23 -
-1- Revised 01/26/12

RULES AND REGULATIONS
OF

BOARD OF BUILDING APPEALS
ARTICLE I.

ORGANIZATION
Section 1.1 Establishment. The Board of Building Appeals of the City of Modesto hereafter called “The Board,” is established pursuant to the provisions of Title IX Chapter(s) 1,2,3, 7 and 8 of the Modesto Municipal Code.

ARTICLE II.

POWERS AND DUTIES
Section 2.1 Enumerated. The Board shall have the following powers and duties:
(a) Hear and determine appeals from any person aggrieved by any order of the Chief Building Official issued pursuant to the Building Maintenance Code of the City of Modesto. (b) Hear and determine appeals from any person aggrieved by an interpretation by the Chief Building Official of any of the adopted Building, Electrical, Plumbing, Mechanical, and Building Maintenance Codes per Title IX of Modesto Municipal Code (c) Determine the suitability of alternative materials and methods of construction. (d) Provide reasonable interpretations of any of the adopted Building, Electrical, Plumbing, Mechanical, and Building Maintenance Codes per Title IX of Modesto Municipal Code (e) Render decisions affirming, modifying, or reversing orders of the Chief Building Official.
(f) Make recommendations to the City Council for new legislation consistent with the intent of any of the adopted Building, Electrical, Plumbing, Mechanical, and Building Maintenance Codes per Title IX of Modesto Municipal Code
(g) Consult with and advise the Chief Building Official, his staff and other City departments on matters concerning any of the adopted Building, Electrical, Plumbing, Mechanical, and Building Maintenance Codes per Title IX of Modesto Municipal Code #2..
- 24 -
-2- Revised 01/26/12
ARTICLE III.

MEETINGS
Section 3.1 Regular Meetings. The regular meetings of the Board shall be held at 4 p.m. on the fourth Thursday of each calendar month. If a regular meeting day falls on a holiday, as defined by the Government Code of the State of California, the meeting shall be held on the next business day. If all members are absent from any regular or adjourned meeting, the Secretary may declare the meeting adjourned to a stated time and place. If so, the Secretary shall cause written notice of the adjournment to be given in the same manner provided for in Section 3.2 hereof for special meetings, unless the notice is waived as provided for special meetings. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for the regular meeting which was adjourned.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chairperson of the Board whenever, in the Chair’s opinion, the public business may require it, or upon the written request of two (2) members of the Board. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the office of the Secretary of the Board to each member of the Board and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Board. The written notice may be dispensed with as to any member of the Board who, at or prior to the time the meeting convenes, files with the Secretary a written notice of waiver. Waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it is convened.

Section 3.3 Place of Meetings. All meetings shall be held in the Official Council Chambers of the City of Modesto or in such other location in the City as may be designated by the Board.

Section 3.4 Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, but a less number than a quorum may adjourn from time to time.

Section 3.5 Meeting to be Public. All meetings of the Board shall be open to the public except that executive sessions may be called for personnel matters.

Section 3.6 Roll Call Vote. A roll call vote shall be taken upon all decisions and be entered upon the journal of the proceedings of the Board. All other determinations of the Board may be by voice vote except where otherwise provided by law. Upon the request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Board is in order, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last. All members present shall be required to vote. The affirmative or negative vote of a majority of the entire membership of the Board shall be necessary for it to take action.
#2..
- 25 -
-3- Revised 01/26/12
Section 3.7 Attendance. Regular attendance at all meetings of the Board is required of all members to enable the Board to discharge the duties imposed upon it by law. If a member absents himself from three (3) regular meetings of the Board consecutively, without securing the permission of the Board expressed in its official minutes, the Secretary shall notify the City Council of this absence in writing.

Section 3.8 Agenda and Reports. In order to facilitate the orderly conduct of the business of the Board, the Secretary shall arrange an agenda of the matters to be considered by the Board at its next meeting in accordance with the order of business, together with a report outlining all known facts in each case to be considered by the Board, with such analysis as is necessary, including recommended action when appropriate. The agenda and all reports shall be delivered or mailed to each member of the Board, the City Manager and the City Attorney prior to the Board meeting at which they are to be considered, as far as possible in advance of the meeting as time will permit. No matter not included on the agenda may be presented to the Board without obtaining the unanimous consent of the members of the Board present at the meeting.

Section 3.9 Field Trips. In all cases where, in the opinion of the Board, a review of the premises will assist in making a decision, a field trip shall be arranged at the meeting at which the case is being heard. Such field trips shall be at a specified time and day set by the Board.

Section 3.10 Order of Business. The order of business for all meetings shall be:
(a) Roll Call.
(b) Approval of Minutes.
(c) Oral Communications.
(d) Conflict of Interest Declaration.
(e) Business.
(f) Matters Too Late For The Agenda.
(g) Matters For Future Agendas.
(h) Adjournment.

Section 3.11 Reading of the Minutes. The Secretary shall furnish each member of the Board with a copy of the minutes of all Board meetings and unless the reading of the minutes of the previous Board meeting is requested by a member of the Board, such minutes may be approved without reading.

Section 3.12 Parliamentary Procedure. Except as otherwise provided in these rules and regulations, all meetings of the Board shall be conducted in accordance with the latest edition of Sturgis Standard Code of Parliamentary Procedure.

Section 3.13 Annual Meeting. As soon as practical following the first day of January of each year, the Board shall hold an annual meeting at which time it shall elect a Chairperson and Vice-Chairperson. The annual meeting may consist of the first regular meeting of the Board held in January of each year.
#2..
- 26 -
-4- Revised 01/26/12
ARTICLE IV.

OFFICERS
Section 4.1 Enumerated. The officers of the Board shall be:

A Chairperson, whose duties shall be to preside at all meetings; and A Vice-Chairperson, who shall, in the absence of the Chairperson, perform the duties of the Chairperson.

A Secretary, who shall keep written records of all business transacted by the Board, notify Board members of meetings, and keep the official records of the Board. Upon the direction of the Board, the Secretary shall perform such other secretarial duties as the Board may require. The Chief Building Official shall act as Secretary pursuant to Section 105 of the Building Code of the City of Modesto.

Section 4.2 Election of Officers. The Chairperson and Vice-Chairperson of the Board shall be elected annually as provided by Section 3.13 hereof. #2..
- 27 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 18, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Culture Commission Resignation
CONTACT: Ashley Weaver, Recreation and Neighborhoods Manager, [email protected] 209-577-5428
DESCRIPTION:

Consider accepting the resignation of Monica Valencia from the City of Modesto Culture Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee. The City Culture Commission was formed by the Council to advise the Council on matters pertaining to art, literature, music, McHenry Museum, McHenry Mansion, and other cultural activities in the City. The Commission also facilitates the Poet Laureate Program.

Per its bylaws, the Culture Commission is comprised of seven members representing County Registered Voters: five (5) who reside in the City of Modesto and two (2) who live outside of the City of Modesto. Members may be appointed to serve no more than two (2) four-year terms. 1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E
#3..
- 28 -
City Council, June 13, 2023
Culture Commission Resignation

Page 2 of 2 ends

DISCUSSION:

In January 2021, by Resolution No. 2021-002, Monica Valencia was reappointed as a Modesto Resident to the Culture Commission. Ms. Valencia submitted her letter of resignation to the City on March 6, 2023.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This agenda item was not considered by any committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Monica Valencia from the City of Modesto Culture Commission.

Approved by:
______________________________________
Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Culture Commission Bylaws
#3..
- 29 -
06/13/2023/PRND/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE RESIGNATION OF MONICA VALENCIA

FROM THE CITY OF MODESTO CULTURE COMMISSION
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHERAS, in January 2021, by Resolution No. 2021-002, Council reappointed Monica Valencia to the City of Modesto Culture Commission; and WHEREAS, on March 6, 2023, Monica Valencia submitted her letter of resignation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the resignation of Monica Valencia from the City of Modesto Culture Commission.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Culture Commission, and the Secretary, thereof.
#3..
- 30 -
06/13/2023/PRND/SMITH 2 2023-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#3..
- 31 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 1

CULTURE COMMISSION
BYLAWS
Adopted May 10, 2016, Resolution No. 2016-194
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Culture Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Culture Commission. (b) “Culture Commission” and “Commission” shall mean the Culture Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.

Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:

The mission of the Modesto Culture Commission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live.

Section 2.02 Vision Statement
A culturally rich city that is an enjoyable place to live and appealing place to visit.

Section 2.03 Power and Duty
The Commission has the power and duty to:
(a) Act in an advisory capacity to the City Council and the City Manager in all matters pertaining to art, literature, music and other cultural activities;
(b) Formulate and recommend annually to the City Council a program relating to art, literature, music, and other cultural activities; #3..
- 32 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 2
(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters; (d) Act in an advisory capacity to the City Council, the City Manager, and the Director of any Museum or Cultural Center that may be established by the City Council;
(e) Act in an advisory capacity to the City and City Manager on matters relating to the administration, selection, and placement of public art and art in public places;
(f) Facilitate the development of resources that support the City’s cultural assets;
(g) Solicit and evaluate applicants for the position of Poet Laureate and act in an advisory capacity to City Council for the selection of the Poet Laureate.

Article III. Membership
Section 3.01 The Culture Commission shall consist of seven (7) qualified persons, comprised of the following:

Seat Designation Term
Chairperson One year, voted by simple majority of
commission.

Vice Chairperson One year, voted by simple majority of
commission.

Citizen
(All seven commissioners)
Four years, appointed by City Council
Section 3.02 Five (5) members of the Commission shall be registered electors of the City and two (2) shall live outside the City but shall be registered electors of Stanislaus County.

Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3. 04All appointments to the Commission shall be made by the City’s Appointments Committee.
#3..
- 33 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 3
Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.

Section 3.06 All Members must complete a Statement of Economic Interest (Form 799) by April 1 of each year and when assuming or leaving Commission membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms.

Section 4.02 A full term is four (4) years in duration.

Section 4.03 A partial term of two (2) years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31, four (4) years subsequent.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.

Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer a resident of the City or when a conflict of interest exists.
#3..
- 34 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 4
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.

Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street Plaza. #3..
- 35 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 5
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.

Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures n the conduct of Commission meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.

Article IX. Amendments
#3..
- 36 -
Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 6
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council.
#3..
- 37 -
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S11- 2APTE

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Culture Commission Appointment
CONTACT: Ashley Weaver, Recreation and Neighborhood Services Manager, [email protected], 209-577-5428
DESCRIPTION:

Consider appointing former Culture Commission member Dewey Bedford to fill one (1) Modesto Resident vacancy on the Culture Commission for a partial second term, from July 1, 2023 through December 31, 2024. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members of various Boards and Commissions with the recommendation of the City’s Appointments Committee. The Culture Commission (Commission) acts as an advisory body to the City Council and the City Manager in all matters pertaining to art, literature, music, and other cultural activities as well as promoting the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area. The Culture Commission is comprised of seven members with five (5) members representing the City of Modesto and two (2) living outside of the City but representing Stanislaus County.

DISCUSSION:

By Resolution No. 2020-87, Council appointed Dewey Bedford to the Culture Commission for a partial term of May 1, 2020 through December 31, 2022. On December 12, 2022, the Appointments Committee reviewed Commissioner Bedford’s request for reappointment to a second term. No action was taken on the reappointment.
#4..
- 38 -
City Council, June 13, 2023
Culture Commission Appointment

Page 2 of 2 ends

On May 24, 2023, the Appointments Committee reviewed Mr. Bedford’s application and continued interest to serve on the Culture Commission. The Appointments Committee made the recommendation to appoint Mr. Bedford to the Culture Commission for the current Modesto Resident vacancy.

FISCAL IMPACT:

There is no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Appointments Committee on May 24, 2023, and they recommended the item be forwarded to Council for approval.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Resolution appointing former Culture Commission member Dewey Bedford to fill one (1) Modesto Resident vacancy on the Culture Commission with a partial term from July 1, 2023 through December 31, 2024.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#4..
- 39 -
06/13/2023/PRND/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPOINTING FORMER CULTURE COMMISSION MEMBER

DEWEY BEDFORD TO FILL ONE MODESTO RESIDENT VACANCY ON THE CULTURE COMMISSION FOR A PARTIAL SECOND TERM, FROM JULY 1, 2023 THROUGH DECEMBER 31, 2024
WHERAS, the Culture Commission (Commission) acts as an advisory body to the City Council and the City Manager in all matters pertaining to art, literature, music, and other cultural activities as well as promoting the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area; and
WHEREAS, the Culture Commission is comprised of seven members with five (5) members representing the City of Modesto and two (2) living outside of the City but representing Stanislaus County; and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, by Resolution No. 2020-87, Council appointed Dewey Bedford to the Culture Commission for a partial term of May 1, 2020 through December 31, 2022; and
WHEREAS, Commissioner Bedford affirmed his interest in continuing to serve on the Culture Commission; and
WHEREAS, the Appointments Committee met on May 24, 2023, and recommended the appointment of former Commission Member Dewey Bedford to the Commission.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby appoints former Culture Commission Member Dewey Bedford to the #4..
- 40 -
06/13/2023/PRND/SMITH 2 2023-?
Culture Commission for a partial second term from July 1, 2023 through December 31, 2024.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#4..
- 41 -
- 1 -
6/6/2023 5:30:00 PM
*Via Teleconference
Councilmember Escutia-Braaton
Westin Book Cadillac Hotel (Lobby)
1114 Washington Blvd.

Detroit, MI 48226

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 06, 2023 at 5:30 PM
Roll Call – Present: Councilmembers, Bavaro, *Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: Councilmember Alvarez
Pledge of Allegiance to the Flag
Invocation: Carlos Gonzalez, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: Mayor Zwahlen reported that during today's closed session, the City council conducted the City Managers performance evaluation. The Council highly values City Manager Lopez and concluded that he is doing an excellent job. The Mayor and Council look forward to another successful year working in partnership with Mr. Lopez and his dedicated team.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Certificate of Recognition recognizing Lee Herrick, previous City of Modesto Poet Laureate, and recently appointed State of California’s Poet Laureate. (Funding Source:

Not Applicable)
#5..
- 42 -
- 2 -
6/6/2023 5:30:00 PM
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented Certificate of Recognition recognizing Lee Herrick recently appointed State of California’s Poet Laureate.

2. Proclamation declaring June 2023 as LGBTQ+ Pride Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented Proclamation declaring June 2023 as LGBTQ+ Pride Month.

MISCELLANEOUS

3. Consider approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Entertainment Commission for a second four-year term with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Modesto Entertainment Commission for an additional fouryear term with term expirations of June 30, 2027.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Williams; 6/0; Alvarez absent) Resolution 2023-244 approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Modesto Entertainment Commission for an additional four-year term with term expirations of June 30, 2027.

4. Consider the reappointments of Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term with term expirations of June 30, 2025; and the reappointments of Michael Moradian and Patricia Gillum to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution reappointing Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2021 to June 30, 2025; and reappointing Michael Moradian and Patricia Gillum to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final fouryear term from July 1, 2023 to June 30, 2027.

CED; Toby Wells, 209-571-5542, [email protected]
#5..
- 43 -
- 3 -
6/6/2023 5:30:00 PM
ACTION: (Williams/Wright; 6/0; Alvarez absent) Resolution 2023-245 reappointing Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2021 to June 30, 2025; and reappointing Michael Moradian and Patricia Gillum to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2023 to June 30, 2027.

5. Consider recommending the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Zwahlen; 6/0; Alvarez absent) Resolution 2023-246 approving the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025.

6. Consider accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-247 accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee.

PUBLIC COMMENT PERIOD
 Tina Perez-Tateo reported on the events scheduled for Graffiti Week.  Theresa Clutter spoke about the shooting of Paul Chavez. She further suggested that all police officers should carry police officer liability as individuals.  Carol Jay commented that she has lived in this region for 56 years. She spoke about green and blue garbage cans. She stated that the leaves clog the drains and flood the streets. She further commented about homelessness and thefts at the shopping center where her business is located.
 Brittoni Chavez commented on the shooting of her husband Paul Chavez Jr and spoke about the Modesto Police Department. She asked for accountability. #5..
- 44 -
- 4 -
6/6/2023 5:30:00 PM
 Nick Blom spoke about adding a sports complex at the Modesto municipal golf course site. He stated that that area is large enough to accommodate a football stadium and housing.
 Patrick spoke about the shooting of Paul Chavez, Jr. He also commented about the Modesto Police Department and further spoke about driving past Yosemite Boulevard and the condition of that area.
 Loretta Carhart spoke about riding buses this week and an incident that occurred with a person smoking at the bus station. She also stated that minors are drinking on the buses.  Ramon Rodriguez commented about Pride Month. He stated that Pride Month is a fight for freedom, equality, and liberation. Some states are passing law taking away civil liberties and rights of LGBTQ community.
 Liberty thanked the Council for making June Pride Month in Modesto. He wanted to suggest the Council read the 1619 project.
 Howard Carman spoke about an incident that occurred at the Salvation Army.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 7-24 (Ricci/Wright; 6/0; Alvarez absent)

CONSENT
Consent

7. Consider approving the minutes from the May 23, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the May 23, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion approving the minutes from the May 23, 2023 Council Meeting.

Consent

8. Consider approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R-1, To Planned Development Zone, P-D(487), Property Located On The North Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)” (Funding Source: Not Applicable)
 Motion approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R1, To Planned Developmt Zone, P-D(487), Property Located On The North #5..
- 45 -
- 5 -
6/6/2023 5:30:00 PM
Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)”
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R-1, To Planned Developmt Zone, P-D(487), Property Located On The North Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)”
Consent

9. Consider approving the recommended Budget Adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-248 amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

Consent

10. Consider accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report.

Consent

11. Consider accepting the Monthly Investment Report for March 2023 (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for March 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion accepting the Monthly Investment Report for March 2023.
#5..
- 46 -
- 6 -
6/6/2023 5:30:00 PM
Consent

12. Consider approving a change in the interest rate index for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs. (Funding Source: Water Fund)
 Resolution of the City Council of the City of Modesto approving a change in the interest rate for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs associated therewith.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-249 of the City Council of the City of Modesto approving a change in the interest rate for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs associated therewith.

Consent

13. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $896,155; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000). (Funding Source: Various Funds)
 Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $896,155; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000).

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-250 approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $896,155; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000).

Consent

14. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act (ARPA) Funds defined under Exhibit A. (Funding Source: American Rescue Plan Act Funds)
#5..
- 47 -
- 7 -
6/6/2023 5:30:00 PM
 Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-251 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

Consent

15. Consider approving the Fiscal Year 2023-2024 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable)  Resolution establishing the Appropriation Limit for the Fiscal Year 2023-2024 Annual Budget.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-252 establishing the Appropriation Limit for the Fiscal Year 2023-2024 Annual Budget.

Consent

16. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813. (Funding Source:

Information Technology Fund and Various Funds)
 Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813; and authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2023-2024.

IT; Scott Conn, 209-577-5229, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-253 approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813; and authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2023- 2024.

Consent

17. Consider affirming the City's in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships with direct #5..
- 48 -
- 8 -
6/6/2023 5:30:00 PM
contributions to the King-Kennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy. (Funding Source: General Fund)  Resolution affirming the City’s in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships and direct contributions to the King-Kennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-254 affirming the City’s in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships and direct contributions to the KingKennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy.

Consent

18. Consider approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of First Tee Youth Programming. (Funding Source: Not Applicable)
 Resolution approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of First Tee Youth Programming, and authorizing the City Manager or his designee to execute the Amendment.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-255 approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037- 051-001) for operation of First Tee Youth Programming, and authorizing the City Manager or his designee to execute the Amendment.

Consent

19. Consider approving a First Amendment to the Agreement with Brown and Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project for a revised Agreement total amount not to #5..
- 49 -
- 9 -
6/6/2023 5:30:00 PM
exceed $277,601 and approving an increase in the Director’s Authority to issue Change Orders for the Construction Contract with W.M. Lyles Co, of Fresno, CA from 10% to 15% of the original Construction Contract amount of $2,683,800. (Funding Source:

Water Fund)
 Resolution approving a First Amendment to the Agreement with Brown & Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project in the amount of $101,218, for an Agreement total amount not to exceed $277,601; and authorizing the City Manager, or his designee, to execute the Amendment.  Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Well 69 (Replacing Well 274) Project from 10% ($268,380) to 15% ($402,570) of the original Construction Contract amount of $2,683,800 with W.M. Lyles Co., of Fresno, CA.
 Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $435,408 to be transferred into the project from Water Fund Reserves in order to fund the Grayson Well 69 (Replacing Well 274) Project.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-256 approving a First Amendment to the Agreement with Brown & Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project in the amount of $101,218, for an Agreement total amount not to exceed $277,601; and authorizing the City Manager, or his designee, to execute the Amendment.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-257 authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Well 69 (Replacing Well 274) Project from 10% ($268,380) to 15% ($402,570) of the original Construction Contract amount of $2,683,800 with W.M. Lyles Co., of Fresno, CA.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-258 amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $435,408 to be transferred into the project from Water Fund Reserves in order to fund the Grayson Well 69 (Replacing Well 274) Project.

Consent

20. Consider approving a Progressive Design-Build Agreement with TelStar Instruments, Inc. of Concord, CA, for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project for a total amount not to exceed $2,947,531, and approving a Technical Advisor Services Agreement with EMA, Inc., of Tucson, AZ, for a total amount not to exceed $406,663. (Funding Source: Water and Wastewater Fund)
 Resolution awarding a Progressive Design-Build Agreement with TelStar Instruments, Inc. Concord, CA for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project in the amount of #5..
- 50 -
- 10 -
6/6/2023 5:30:00 PM
$2,679,574 plus $267,957 in contingency, if needed, for a total amount not to exceed $2,947,531 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving an Agreement with EMA, Inc., Tucson, AZ for Technical Advisor Services in the amount of $369,694 plus $36,969 in contingency, if needed, for a total amount not to exceed $406,663 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $6,453,441 to be transferred into the Project from Water and Wastewater Reserves to fund Phase 1 of the Progressive DesignBuild Agreement for the SCADA System Replacement Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-259 awarding a Progressive Design-Build Agreement with TelStar Instruments, Inc. Concord, CA for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project in the amount of $2,679,574 plus $267,957 in contingency, if needed, for a total amount not to exceed $2,947,531 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-260 approving an Agreement with EMA, Inc., Tucson, AZ for Technical Advisor Services in the amount of $369,694 plus $36,969 in contingency, if needed, for a total amount not to exceed $406,663 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-261 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $6,453,441 to be transferred into the Project from Water and Wastewater Reserves to fund Phase 1 of the Progressive Design-Build Agreement for the SCADA System Replacement Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

Consent

21. Consider approving a Sole Source Agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and related equipment for a total amount not to exceed $650,000 over five years. (Funding Source: Water Fund)  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 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.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] #5..
- 51 -
- 11 -
6/6/2023 5:30:00 PM
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-262 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 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.

Consent

22. 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)
 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.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-263 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.

Consent

23. 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)
 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.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-264 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. #5..
- 52 -
- 12 -
6/6/2023 5:30:00 PM
Consent

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

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-265 approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500.

COUNCIL COMMENTS & REPORTS
Councilmember Wright reported that Graffiti Week is all this week. He has the privilege tomorrow morning to pick up Mackenzie Phillips from Sacramento Airport. She is a guest of honor and will be the Grand Marshal.

Councilmember Bavaro reported that he received a call from a constituent that complimented the Public Works Department and he expressed this was the first time he received a call with positive feedback. The constituent had a particular issue and reached out to Public Works.

Public Works staff went out the same day and took care of the issue. In addition, last Friday he participated in a ride along with the K-9 unit. K-9 Officer Lockridge and his partner were very professional and courteous in their interactions with people.

Councilmember Williams reported last week was Memorial Day weekend. On Monday he had the privilege to be in the presence of some of those that served in the five branches as they took time to reflect on those who gave the ultimate sacrifice and that was their lives. He asked for a moment of silence in their honor. He also thanked the City of Modesto for always supporting the North Modesto Kiwanis Club. He has been a member for over 20 years and it’s a wonderful thing to see that the City rallies behind the good things that take place in the community. He also stated that he is looking forward to Graffiti Week events and stated that information can be found online at northmodestokiwanis.com.

Vice Mayor Ricci reported that improving the City’s parks is his priority. He wants to see parks transformed from being unused spaces, or kind of homeless day camps to parks that are used throughout the City for things like food trucks, outdoor patio bistros, farmers markets, etc. He is looking forward to working with staff on trying to put some of these new ideas forward to make parks better utilized community spaces. He also reported that he is pleased to see that an abandoned commercial building ordinance will be heading to committee this month. Pride Month was celebrated today, but Mo Band is also launching on Thursday, and it will run every Thursday through mid-July at Graceda Park. He will also participate in the annual Graffiti Parade.

Councilmembers Escutia-Braaton reported that she is attending remotely and is presently in Detroit Michigan attending a national conference and board meeting for the National Association of Regional Councils. They are addressing multiple issues, important to our region, and #5..
- 53 -
- 13 -
6/6/2023 5:30:00 PM
important to Modesto, as well as issues, such as transportation, safety greenhouse gas strategies, how to address public safety and emerging emergency management response systems. She was a panel member speaking about the subject of effectively communicating your city’s values uniqueness and qualities through rebranding and storytelling. In addition, to this trip, since the last time the Council convened, she attended an opening for a multiple unit of living space that's happening in Northern Modesto. She also met with developers wishing to add more than 500 units of Housing and East Modesto.

Mayor Zwahlen reported that on Memorial Day she was able to honor our Veterans at Acacia Memorial Park with Police Chief Brandon Gillespie. Councilmember Williams also attended.

She encouraged people to attend the memorial. It’s just a nice and wonderful remembrance of those who truly did give the ultimate sacrifice. She also reported attending the McHenry Village car show. There were about 500 cars there. She goes every year to make the Mayor's Choice and it's fun. Fire Chief Allen Ernst was also there. She is grateful that City leaders support the community the way that they do.

CITY MANAGER COMMENTS & REPORTS
City Manager Lopez thanked the Mayor and Council for the kind words during his evaluation.

It's truly an honor to be the City Manager for this wonderful City and to work for such a caring City Council who want to do so much good for the community. This evaluation was specific to him, but it’s really a reflection of a collective effort between the City Manager, Council, and staff. He would be remiss if he didn't acknowledge the tremendous department head team, and the dedicated staff who serve the residents each and every day.

HEARINGS
Published in the Modesto Bee on May 26, 2023

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

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-266 approving the adoption of the Fiscal Year 2023-24 Annual and Multi-Year Operating Budgets and the #5..
- 54 -
- 14 -
6/6/2023 5:30:00 PM
2023-24 Capital Improvement Program for the City of Modesto and the related InterFund Transfers.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-267 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.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-268 amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-269 amending the Position Allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 7:35 p.m.

All Closed Session Matters heard prior to meeting.

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager

PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957(b)(1) Government Code)
Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA #5..
- 55 -
- 15 -
6/6/2023 5:30:00 PM
Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Diane Nayares-Perez, City Clerk
#5..
- 56 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: March 30, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Acceptance of Public Improvements and Release Securities CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider accepting the Public Improvements made by Public Storage, Inc. release securities upon expiration of statutory periods, and initiate reimbursement in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement. (Funding Source: City of Modesto Community Facilities District No. 2004-1. (Village One #2)) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In January 2008, by Resolution No. 2008-024 the City adopted the Policies and Procedures for the Formation, Annexation, and Administration of Community Facilities Districts Created Pursuant to the Provisions of the Mello-Roos Community Facilities Act of 1982. The policy allows developers to install public improvements which benefit properties within a proposed Community Facilities District (CFD) and be reimbursed for the work if certain parameters are met.

On April 6, 2004, the City formed City of Modesto Community Facilities District No. 2004-1 (CFD No. 2004-1) to pay for various infrastructure improvements as well as the maintenance of parks, parkways and open space, storm drainage basin and related facilities that serve the Village One area. A developer may construct identified improvements for CFD No. 2004-1 and be reimbursed, provided an Agreement for such improvements is entered into with the City and CFD No. 2004-1 prior to commencement of the work.
#6..
- 57 -
City Council, June 13, 2023
Acceptance of Public Improvements and Release Securities

Page 2 of 4 ends

In 2020, Public Storage Inc. (Developer) submitted an application to construct a one-story selfstorage facility within the boundaries of CFD No. 2004-1. The proposed project would include public improvements at the south side of Sylvan Ave, between Elsakr Way and Wood Sorrel Drive that include roadway improvements, landscaping, paving, curb, gutters, sidewalks, storm drainage, traffic signal modification and Modesto Irrigation District (MID) and AT&T pole relocation. These facilities are outlined in the Village One Facilities Master Plan (FMP) Update.

On November 4, 2020, by Resolution 2020-507, the City Council approved an Acquisition and Shortfall Agreement with the Developer in the amount of $477,126. Under the terms of the Acquisition and Shortfall Agreement, the Developer will be reimbursed for the public improvements made on behalf of the City.

DISCUSSION:

In accordance with the Acquisition and Shortfall Agreement dated December 8, 2020, no reimbursement shall be made by the City or District to Developer for any Improvement until it has been inspected and accepted for public use on behalf of the of the public by City.

The Construction Administration Division has certified that all of the improvements required for the development are complete and ready for acceptance. The developer is requesting that the Notice of Completion be filed.

The following public improvements required with the above-referenced final map have been completed, and the City will begin maintenance after acceptance of these improvements by Council.

1. Improvements on Sylvan Ave between Elsakr Way and Wood Sorrel Drive including:
 Roadway improvements
 Landscaping
 Paving
 Curbs, gutters, and sidewalks
 Traffic signal modification
 MID pole relocation
 AT&T pole relocation
The Community Facilities District No. 2004-1, Village One #2 collects funds from the property owners in the CFD to maintain the storm drainage, landscaping and irrigation facilities.

The Developer has requested that the improvements be accepted, and the bonds be released.

The improvements have been completed to the satisfaction of the City Engineer who certifies that the work has been satisfactorily completed, and all fees have been paid. #6..
- 58 -
City Council, June 13, 2023
Acceptance of Public Improvements and Release Securities

Page 3 of 4 ends

Once Council accepts the improvements, the following steps will need to be taken:

1. City Clerk files Notice of Completion with County Recorder.

2. City Clerk releases Faithful Performance Security immediately after filing Notice of Completion, and releases Payment Security 60 days after filing Notice of Completion, if no claim is made thereon.

3. City Clerk releases Warranty Security one year and one day after acceptance if no claim in made thereon.

Additionally, the developer has provided evidence to the City that all of the costs for constructing the Improvements have been fully paid, and acceptable to the City Engineer. The Developer has provided the following information as proof the requirements have been met:

1. Documentation and payment of construction costs

2. Unconditional lien releases

3. Proof of prevailing wage

4. Executed Grant Deed dedicating public land to the City

5. Warranty Securities Control Account totaling 10% of the improvements ($47,712) FISCAL IMPACT:

The following securities as required by the Modesto Municipal Code Section 4-4.605 are in place with the City Attorney’s Office:
• A Faithful Performance Securities Control Account in the amount of $526,996 secures faithful performance of the improvements. This security is in an amount of 100% of the estimated cost of improvements to be performed. • A Payment Securities Control Account in the amount of $526,996 secures the payment of the contractor, his/her subcontractors and persons renting equipment or furnishing labor or materials for said improvements. This security is in an amount of 100% of the estimated cost of improvements to be performed. • A Warranty Securities Control Account in the amount of $47,712 guarantees and warrants subdivision improvements for a period of one (1) year following completion and acceptance thereof against any defective work done, or defective materials furnished.

The securities on file with the Clerk’s Office are based on the Engineer’s Estimate of $526,996 for the value of the south side of Sylvan Ave between Elsakr Way and Wood Sorrel Drive constructed as part of the Village One #2 infrastructure financing plan.

Pursuant to the terms of the Acquisition and Shortfall Agreement, Applicant will be reimbursed for the public improvements it constructs that are eligible for reimbursement. Reimbursement will be based upon actual expenses and have been verified to total $477,126. All reimbursements will be paid from CFD No. 2004-1 Funds. There is no General Fund impact. #6..
- 59 -
City Council, June 13, 2023
Acceptance of Public Improvements and Release Securities

Page 4 of 4 ends

RECOMMENDED COMMITTEE ACTION:

This item was not presented to a committee. Public improvements can only be approved by the City Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Public Improvements made by Public Storage, Inc. at the south side of Sylvan Avenue between Elsakr Way and Wood Sorrel Drive as complete, release securities upon expiration of statutory periods, and initiate reimbursement for improvements in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement.

Approved by:

Jessica Hill, Interim Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Notice of Completion

3. Easement Deed

4. Acquisition and Shortfall Agreement
#6..
- 60 -
June 13,2023/CEDD/Pibrahim/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS MADE BY
PUBLIC STORAGE, INC. AT THE SOUTH SIDE OF SYLVAN AVENUE,

BETWEEN ELSAKR WAY AND WOOD SORREL DRIVE AS COMPLETE,

RELEASE SECURITIES UPON EXPIRATION OF STATUTORY PERIODS, AND

INTIATE REIMBURSEMENT FOR IMPROVEMENTS IN THE AMOUNT OF $477,126 AS OUTLINED IN THE ACQUISITION AND SHORTFALL

AGREEMENT
WHEREAS, in January 2008, by Resolution No. 2008-04 the City adopted the Policies and Procedures for the Formation, Annexation, and Administration of Community Facilities Districts (CFD) Created Pursuant to the Provisions of the MelloRoos Community Facilities Act of 1982; and WHEREAS, the policy allows developers to install public improvements which benefit properties within a proposed CFD, and be reimbursed for the work if certain parameters are met; and
WHEREAS, on April 6,2004 the City formed City of Modesto Community Facilities District No. 2004-1 (CFD No. 2004-1) to pay for various infrastructure improvements as well as the maintenance of parks, parkways and open space, storm drainage basin and related facilities that serve the Village One area; and WHEREAS, a developer may construct identified improvements for CFD No. 2004-1 and be reimbursed, provided an agreement for such improvements is entered into with the City and CFD No. 2004-1 prior to commencement of the work; and WHEREAS, Public Storage Inc. (Developer) submitted an application to construct a one-story self-storage facility within the boundaries of CFD No. 2004-1; and WHEREAS, on November 4, 2020, by Resolution 2020-507, the City Council #6..
- 61 -
June 13, 2023/CEDD/PIbrahim/Item # 2 2023-xxx
approved an Acquisition and Shortfall Agreement with Developer. Under the terms of the Acquisition and Shortfall Agreement, the Developer will be reimbursed for the public improvements made on behalf of the City; and
WHEREAS, the improvements have been completed to the satisfaction of the City Engineer, who certifies that the works has been satisfactorily completed; and WHEREAS, the developer has provided to the City evidence that all of the costs for constructing the improvements have been fully paid, and acceptable to the City Engineer; and
WHEREAS, pursuant to the terms of the Acquisition and Shortfall Agreement, the Developer will be reimbursed for the public improvements it constructs that are eligible for reimbursement. Reimbursement will be based upon actual expenses and have been verified to total $477,126; and
WHEREAS, the Developer has submitted required documentation and payment costs including unconditional lien releases, proof of prevailing wage, and executed grant deed dedicating public land to the City, and warranty securities control account.

NOW, THEREFORE, BE IT RESOLVED the City Clerk is authorized to file the Notice of Completion with County Recorder, release the Faithful Performance Security immediately after filing the Notice of Completion, and release Payment Security sixty days after filing the Notice of Completion, and release the Warranty Security one year and one day after acceptance, and that the Council of the City of Modesto hereby accepts the public improvements at the south side of Sylvan Avenue, between Elsakr Way and Wood Sorrel Drive as complete, releases the securities upon expiration of statutory #6..
- 62 -
June 13, 2023/CEDD/PIbrahim/Item # 3 2023-xxx
periods, and initiates reimbursement for improvements as outlined in the Acquisition and Shortfall Agreement.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the _13th_ 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 63 -

NOTICE OF COMPLETION OF PUBLIC FACILITIES

TO BE ACQUIRED BY THE CITY OF MODESTO
Be it known by this document that, upon certification by the City Engineer that the subject facilities, more particularly described in the certain agreement entitled Acquisition and Shortfall Agreement and dated November 4, 2020 by and between the City of Modesto, Community Facilities District No. 2004-1 (Village One #2) and Public Storage Inc. have been completed and are ready for acceptance by the City in all respects. The Interim Director of Community and Economic Development having reviewed any necessary documents, and in reliance upon the City Engineer, does hereby certify that the facilities are complete and have been accepted by the City. __________________________________________
Jessica Hill
Interim Director of Community and Economic Development
I do hereby certify this _______ day of _______________, 2023, the above-referenced works and/or facilities have been satisfactorily completed, are in good working order, and are, in all respects, ready for acceptance by the City. I further certify that the requirements of the Acquisition and Shortfall Agreement have been met.
__________________________________________
Toby Wells
City Engineer
Attachment: Exhibit A
#6..
- 64 -
#6..
- 65 -
#6..
- 66 -
#6..
- 67 -
#6..
- 68 -
#6..
- 69 -
#6..
- 70 -
#6..
- 71 -
#6..
- 72 -
#6..
- 73 -
#6..
- 74 -
#6..
- 75 -
#6..
- 76 -
#6..
- 77 -
#6..
- 78 -
#6..
- 79 -
#6..
- 80 -
#6..
- 81 -
#6..
- 82 -
#6..
- 83 -
#6..
- 84 -
#6..
- 85 -
#6..
- 86 -
#6..
- 87 -
#6..
- 88 -
#6..
- 89 -
#6..
- 90 -
#6..
- 91 -
#6..
- 92 -
#6..
- 93 -
#6..
- 94 -
Location: South side of Sylvan Avenue between Elkakr Way and Wood Sorrel Drive CIP Name/Number Sylvan So. Between Oakdale & Wood Sorrel CIP #101074 Clearing & Grubbing (SF) 9338 SF $ 0.15 $ 1,401
Remove Pavement (SY) 278 SY $ 9.00 $ 2,499
Roadway Excavation (CY) 1762 CY $ 30.00 $ 52,846
Asphalt Concrete (Ton) 250 Ton $ 209.47 $ 52,347
Aggregate Base (Ton) 900 Ton $ 44.31 $ 39,860
Curb & Gutter (LF) 250 LF $ 60.00 $ 15,000
Median Curb (LF) 0 LF $ -
Sidewalk (SF) 1,353 LF $ 33.26 $ 45,000
Parkway Landscaping (SF) 0 SF $ -
Landscaping (SF) 1465 SF $ 9.97 $ 14,600
Electroliers $ -
Signing and Striping (SF) 228 SF $ 32.33 $ 7,371
Reconstr Priv Imp's (LS) LS $ -
Storm Drainage (LS) 1 LS $ 44,250.00 $ 44,250
Relocate telecom (AT&T) & power poles (MID) 4 EA $ 22,392.69 $ 89,571 $ 364,744
Construction Contingency (15%) $ 54,712
Bond $ 2,229
$ 421,685
$ 42,168
10% Design $ 42,168

0.13983 AC $ 150,000 $ 20,975
$ 526,996
All quantities shall be verified in the field.

Unit costs will be based on the submitted and approved contractor invoices Construction Subtotal:
10% Construction Management
Maximum Allowable CFD Reimbursement:

Prior to commencement of any work on CFD-reimbursable infrastructure (1) a written agreement for acquisition of said infrastructure, suitable to the District Administrator, shall be executed and (2) a Notice to Proceed shall be issued by the CFD, otherwide the infrastructure will be deemed dedicated to the CFD and no reimbursement will be due the developer.

ROW Dedication on Sylvan
Construction Total:

Exhibit A
CFD No. 2004-1 (Village One #2) Reimbursement
Developer: PS Northern CA One, Inc.

Public Storage Modesto - Off-Site Improvements
Item Quantity Unit Unit Price
Amount Allocated for
Reimbursement by the
CFD
Prepared by VMD 9/9/2020
#6..
- 95 -
#6..
- 96 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Hinderliter, de Llamas & Associates (HdL) Agreement CONTACT: Gina Brown, Revenue & Collections Compliance Manager, [email protected], 209-577-5381
DESCRIPTION:

Consider approving an Agreement with Hinderliter, de Llamas & Associates (HdL), Brea, CA for Cannabis Consulting Services for a total amount not to exceed $784,050 over three (3) years. (Funding Source: Cannabis Business Permit Fee and Various Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The passage of Proposition 64, The Adult Use of Marijuana Act, in November 2016 ended the prohibition on adult-use of cannabis in California and created a statewide regulatory structure for adult-use cannabis businesses. Proposition 64 gave local governments control of taxes and fees associated with cannabis businesses operating within their jurisdictions.

In November 2017, the City Council placed before the voters a ballot measure, “Measure T,” allowing the City Council to implement an excise tax on cannabis businesses within the City.

Modesto voters approved Measure T, with 82.5% voting in favor of it.

On January 16, 2018, the Modesto City Council adopted Ordinance No. 3684-C.S. which permitted certain commercial cannabis uses, subject to land use and zoning criteria.

Staff and Council recognized that expert consultant assistance would be necessary to review and evaluate cannabis business applications, and to assist City staff in establishing tax rates and an annual permit fee. Therefore, a Request for Proposal (RFP) was issued. Three proposals were received as a result of the RFP process. HdL was selected due to their #7..
- 97 -
City Council, June 13, 2023
Hinderliter, de Llamas & Associates (HdL) Agreement

Page 2 of 4 ends

experience and expertise related to cannabis business permitting, financial, and regulatory processes.

On July 9, 2018, the City entered into a Professional Services Agreement (PSA) with HdL for consulting services not to exceed $49,750. The PSA scope of work authorized HdL to review, score, and rank cannabis dispensary applications, and to determine the Annual Permit Fee for permitted businesses’ on-going compliance inspections.

On December 4, 2018, by Resolution No. 2018-539, Council approved an increase and extension to the HdL’s Consulting agreement. The agreement was increased by $1,114,500, from $49,750, to $1,164,250 over a two-year period, with three one-year extensions for a total term of five years.

Currently, HdL performs annual compliance inspections and financial audits on the City of Modesto’s permitted cannabis businesses, as well as, cannabis consulting services for the City of Modesto. HdL conducts background checks of cannabis business employees and issues identification badges to cannabis employees. The background checks and badges are billed directly to the cannabis businesses.

DISCUSSION:

On March 10, 2022, the City of Hesperia, California issued an RFP for Cannabis Audit Services and received four proposals. Three City of Hesperia staff members evaluated and ranked the proposals based on qualifications, experience, and approach to the scope of work. Based on the cumulative scores from the panel; HdL was the top-rated consultant.

On July 1, 2022, the City of Hesperia entered into an Agreement with HdL for a three-year (3) Agreement with one (1) one-year extension option for a total of four (4) years. The initial term of the Agreement is effective July 1, 2022, through June 30, 2025.

The term of the current Agreement between the City of Modesto and HdL is due to expire on July 8, 2023. HdL has effectively met the City’s cannabis consulting needs by providing consistent and satisfactory service. To continue receiving the various services currently being provided by HdL, the City will ‘piggy-back’ off the City of Hesperia’s competitive bid process and “access the terms” of the Agreement between the City of Hesperia and HdL. HdL will continue to conduct Annual Cannabis Financial Audits, Annual Compliance Inspections, and provide subject matter expertise consulting at the rates listed on Exhibit B. Optional services such as Non-competitive Application Review Process and Competitive Application Review (Application and Interviews), will be billed at the consultant staff’s hourly rate listed on Exhibit B Page 2 and performed upon mutual agreement by both parties. Background checks and badges for cannabis owners, managers, and employees will continue to be provided by HdL and paid by the cannabis business.

Modesto Municipal Code (MMC) 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 her discretion, determines that a process other than the formal bid procedure set forth 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(d) encourages the Purchasing Manager to utilize the ‘piggybacking’ from a competitive bid process with City of #7..
- 98 -
City Council, June 13, 2023
Hinderliter, de Llamas & Associates (HdL) Agreement

Page 3 of 4 ends

Hesperia when the best cost savings interest of the City would be served. Here, this exemption is satisfied because Hinderliter, de Llamas (HdL) Associates, has continually met the City’s cannabis consulting needs.

FISCAL IMPACT:

The charges related to the annual financial audits, the annual inspection to ensure compliance, and other consulting fees directly related to the permitted businesses are reimbursed by the annual permit fee charged and paid by the permitted cannabis businesses. Any other consulting provided by HdL not directly related to the permitted businesses would be funded by the General Fund.

Financial audit reviews are typically completed on businesses with twelve (12) months of tax reporting data. During the first four years of the contract, only six (6) of the fifteen (15) retail and non-retail businesses currently permitted had commenced business and had twelve (12) months of tax reporting data. The City anticipates a majority of the fifteen (15) currently permitted retail and non-retail businesses will be eligible for inspections and financial audits within the next three (3) years, thus increasing the cost of the annual agreement.

In addition, HdL has conducted an internal review of staff time and costs associated with cannabis audits and compliance services. Their findings indicate their initial estimates were understated and must be adjusted to ensure time and cost recovery for the services they provide. These new rates allow HdL to continue to provide high-quality audit and compliance services, including the any necessary consulting such as that provided for the cannabis equity program.

Below is a five (5) year history of the spending activity under the current Agreement.

Fiscal Year
(FY)
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
YTD*
Expenditures $80,275 $35,650 $49,525 $45,300 $48,579
*Through 1/31/22.

Below are the three (3) year estimate costs.

Year 1 Year 2 Year 3 Total
$211,600 $261,350 $311,100 $784,050
COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee on May 22, 2023, and recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Hinderliter, de Llamas & Associates, Brea, CA by utilizing the City of Hesperia Agreement for Cannabis Consulting Services for a two (2) year Agreement with one (1) one-year extension option, for an annual estimated amount of $261,350 and a total amount not to exceed $784,050 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
#7..
- 99 -
Approved by:

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

1. Resolution

2. Standard Agreement - HdL

3. City of Hesperia Agreement

4. Exhibit A – Scope of Work

5. Exhibit B – Pricing Schedule
#7..
- 100 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN AGREEMENT WITH HINDERLITER, DE

LLAMAS & ASSOCIATES, BREA, CA BY UTILIZING THE CITY OF HESPERIA AGREEMENT FOR CANNABIS CONSULTING SERVICES FOR A TWO (2) YEAR AGREEMENT WITH ONE (1) ONE-YEAR EXTENSION OPTION, FOR AN ANNUAL ESTIMATED AMOUNT OF $261,350 AND A TOTAL AMOUNT NOT TO EXCEED $784,050 OVER THREE YEARS; AND AUTHORIZING THE CITY MANAGER OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the passage of Proposition 64, The Adult Use of Marijuana Act, in November 2016 ended the prohibition on adult-use of cannabis in California and created a statewide regulatory structure for adult-use cannabis businesses, and WHEREAS, on January 16, 2018, the Modesto City Council adopted Ordinance No. 3684-C.S. which permitted certain commercial cannabis uses, subject to land use and zoning criteria, and
WHEREAS, on July 9, 2018, the City entered into a Professional Services Agreement (PSA) with HdL for cannabis consulting services not to exceed $49,750, and WHEREAS, on December 4, 2018, by Resolution No. 2018-539, Council approved an increase and extension to the HdL’s Consulting agreement by $1,114,500, from $49,750, to $1,164,250 over a two-year period, with three one-year extensions for a total term of five years, and
WHEREAS, the term of the current Agreement between the City of Modesto and HdL is due to expire on July 8, 2023 and
WHEREAS, on March 10, 2022, the City of Hesperia, California issued an RFP for Cannabis Audit Services and received four proposals; three City of Hesperia staff members evaluated and ranked the proposals based on qualifications, experience, and approach to the scope of work and based on the cumulative scores from the panel; HdL was the top-rated consultant, and
#7..
- 101 -
WHEREAS, HdL has effectively met the City’s cannabis consulting needs by providing consistent and satisfactory service, and
WHEREAS, to continue receiving the various services currently being provided by HdL, the City will ‘piggy-back’ off the City of Hesperia’s competitive bid process and “access the terms” of the Agreement between the City of Hesperia and HdL, and WHEREAS, HdL will continue to conduct Annual Cannabis Financial Audits, Annual Compliance Inspections, and provide subject matter expertise consulting at the rates listed on Exhibit B, and
WHEREAS, optional services such as Non-competitive Application Review Process and Competitive Application Review (Application and Interviews), will be billed at the consultant staff’s hourly rate listed on Exhibit B Page 2 and performed upon mutual agreement by both parties, and
WHEREAS, background checks and badges for cannabis owners, managers, and employees will continue to be provided by HdL and paid by the cannabis business, and WHEREAS, Modesto Municipal Code (MMC) 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 her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality,”and WHEREAS, in addition, MMC 8-3.202(d) encourages the Purchasing Manager to utilize the ‘piggybacking’ from a competitive bid process with City of Hesperia when the best cost savings interest of the City would be served; here, this exemption is satisfied because Hinderliter, de Llamas (HdL) Associates, has continually met the City’s cannabis consulting #7..
- 102 -
needs, and
WHEREAS, the charges related to the annual financial audits, the annual inspection to ensure compliance, and other consulting fees directly related to the permitted businesses are reimbursed by the annual permit fee charged and paid by the permitted cannabis businesses and any other consulting provided by HdL not directly related to the permitted businesses would be funded by the General Fund.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Hinderliter, de Llamas & Associates, Brea, CA by utilizing the City of Hesperia Agreement for Cannabis Consulting Services for a two (2) year Agreement with one (1) one-year extension option, for an annual estimated amount of $261,350 and a total amount not to exceed $784,050 over three years.

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. #7..
- 103 -
The foregoing resolution was considered at a regular meeting of the Council of the City of Modesto held on the 13th 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: Councilmember:

NOES: Councilmember:

ABSENT: Councilmember:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#7..
- 104 -
1 STANDARD CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Hinderliter De Llamas & Associates, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that there is a continued need for the administration of cannabis business activities.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project". Any services in addition to those identified in Exhibit A and B may only be performed upon mutual agreement of both parties. #7..
- 105 -
2 2. TERM OF AGREEMENT.

The term of the Agreement shall be two (2) years with one (1) one-year extension option by mutual agreement, subject to Paragraph 9 below, for a total of up to three (3) years.

Year 1: July 1, 2023 through June 30, 2024
Year 2: July 1, 2024 through June 30, 2025
Year 3: July 1, 2025 through June 30, 2026
Pricing as set forth in Exhibit B shall remain firm for the first two (2) years of the AGREEMENT. Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year. This Agreement is effective as of the dates listed above in Years 1 through Years 3 and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the Project, as of July 1, 2023. Consultant shall diligently proceed with the completition of the Project within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $784,050 for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" , except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be #7..
- 106 -
3 billed at the rates set forth in Exhibit “B” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approvd by the City in writing.

City shall pay Consultant for work performed as authorized by the City. All consulting work shall be billed: 1) on the rate set forth in Exhibit “B”, attached hereto, After the two year term, any increase to the rates shown in Exhibit “B” shall be negotiated through the Purchasing Division by the Consultant in writing 90 days in advance of the term date and be approved by City.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Ajay Kolluri will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
#7..
- 107 -
4 All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

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

7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTERST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the peformance of this Agreement. . Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is #7..
- 108 -
5 void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties.City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
#7..
- 109 -
6 If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibi ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delviery is confirmed by a return reciept; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
#7..
- 110 -
7 FOR CONSULTANT: Name: Hinderliter, de Llamas and Associates Address: 120 S State College Blvd, Suite #200, Brea, CA 92821 Attention: Andrew Nickerson
Phone: (714) 879-5000
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Dianne Love
Phone: (209) 571-5164

14. INSURANCE REQUIREMENTS.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
#7..
- 111 -
8 (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer #7..
- 112 -
9 shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination for Convenience
#7..
- 113 -
10 City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant. Consultant may cancel this Agreement at any time, with or without cause, upon 90 days written notification to City.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
#7..
- 114 -
11 h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. PREVAILING WAGES & DIR REGISTRATION.

If the Consultant is performing “public work” as defined in Labor Code Section 1720 et seq. (the “Prevailing Wage Laws”), Consutlant shall pay, and shall require its subconsultants and subcontractors to pay, not less than rhw prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed. The Consultant shall keep accurate payroll records in accordance with Labor Code Section 1776, and shall comply with all other applicable requirements of the Previaliang Wage Laws. Consultantshall require its subconsultants and subcontractors to comply with the Previaling Wage Laws as may be required by law. #7..
- 115 -
12 Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Consultant, or its subconsultants or subcontractors, failure to comply with the applicable Previlainge Wage Laws. If the Consultant is preforming “public work” as defined in the Prevailing Wage Laws, Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

17. INDEMNITY.

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

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

18. DISPUTE RESOLUTION.
#7..
- 116 -
13 Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

19. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

20. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. .

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
#7..
- 117 -
14 Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #7..
- 118 -
15 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and (CONSULTANT) has caused this agreement to be duly executed in duplicate as of the Effective Date.
#7..
- 119 -
I
Professional Services Agreement 2022-23-03 I
City o~ 9Jropeitta
Incorporated. 1988
THIS AGREEMENT is made and entered into this I ST day of July 2022, by and between the City of Hesperia, hereinafter called "City", and Hinderliter, de Llamas & Associates, hereinafter called the "Consultant" .

RECITAL
I. PURPOSE: The purpose of this Agreement is to aJlow City to procure the service of an experienced professional firm to provide annual compliance and financial audits for the
commercial cannabis businesses that operate within the City.

TERMS AND CONDITJO S

2. MJSSION: City hereby retains Consultant in the capacity as Consultant for provision of the work or services described in Exhibit I. Consultant hereby accepts such responsibility as described herein. Consultant warrants that all work and services set forth in Exhibit I will be performed in a competent, professional and satisfactory manner.

3. TERMS: This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect and ongoing until 06/30/2025 unless sooner terminated as provided herein. The Purchasing Supervisor or his or her designee is authorized to extend this Agreement for up to one year and approve line item adjustments to the Agreement's program budget as long as such amendments are upon the same terms and conditions as specified herein.

4. CONSULTANT RESPONSIBlUTIES: Upon the request of
the Purchasing Supervisor, or his or her designee, Consultant shall complete the work program described in Exhibit I.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the work or services required by this Agreement. Consultant commits the principal personnel listed below to perform the work or services specified herein, and to make all decisions in connection therewith.

Consultant: David McPherson

5. REPLACEMENT OF NAMED PERSONNEL: It has been
determined that the individual(s) named in this Agreement are necessary for the successful performance of this Agreement.

Replacement of these individual(s) shall not be made by Consultant without written consent of City, which shall not be unreasonably withheld. The consent of the City shall be given in writing within ten (10) days of the receipt of written notice from the Consultant of the intent to replace personnel. If City fails to respond to Consultant within ten (10) days of
notification by Consultant, said personnel replacement shall be deemed approved.

6. RELEASE OF NEWS rNl"ORMATION: No news release,
including photographs, public announcements or confinnation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the City's Purchasing Supervisor or his or her designee.

REV. 8--{i-02-14

7. CONFIDENTIALITY OF REPORTS: Consultant shall keep
confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that City designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of City.

8. COMPENSATION: During the term of this Agreement, City shall pay Consultant the fee described in Exhibit Il, the program budget. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. The
maximum compensation for services, including all
Consultants' costs, under the terms of this Agreement, shall not exceed the total amount of$532,000.

Consultant shall be paid in accordance with City's standard accounts payable system. lnvoices shall be approved by the City's Purchasing Supervisor or his or her designee prior to payment.

9. RIGHT TO AUDIT: City or any of its duly authorized
representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law.

I 0. AUDIT EXCEPTIONS: Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying City the full amount of liability resulting from such audit exceptions.

11. CITY SUPPORT: City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to City.

12. INDEPENDENT CONTRACTOR: Consultant shall perform
the services as contained herein as an independent contractor and shall not be considered an employee, elected/appointed official or family member of any employee or
elected/appointed official of the City, or under City supervision or control. This Agreement is by and between Consultant and City, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between City and Consultant.

Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City.

Page I of5
#7..
- 120 -
City o! ffiespe;tia

13. CONFLICT OF INTEREST: Consultant represents, warrants and agrees that it does not presently have, nor wi ll it acquire during the term of this Agreement, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder ( other than as a shareholder holding a one percent [1 %] or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with City. Upon execution of this Agreement and during its term, as appropriate, Consultant shall upon written request, disclose in writing to City, any other contractual or employment
arrangement from which it receives compensation.

Given that the services Consultant performs for City relate to economic development, Consultant agrees not to accept
employment during the term of this Agreement by any other person, business or corporation which employment is likely to directly develop a conflict of interest over a specific business attraction or retention effort. Consultant warrants that it has not paid or given and wilJ not pay or give any third party any money or other consideration for obtaining this Agreement.

14. SUCCESSOR AND ASSIGNMENT: The services as
contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not (i) contract with any other person or entity to perform the work or services, nor (ii) assign or transfer any interest in this Agreement without the prior written consent of City.

15. INDEMNIFICATION: Consultant agrees to indemni fy,
defend (upon request by City) and save harmless City, its elected and appointed officials, officers, agents and employees from and against any liability, expense, including defense costs and legal fees, and claims fo r damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Consultant's operations, or its services, negligent acts and/or om1ss1ons hereunder, including any workers'
compensation suit, liability or expense, arising from or connected with the services perfom1ed by or on behalf of Consultant by any person pursuant to this Agreement.

16. INSURANCE: Without limiting Consultant's indemnification of City, Consultant shal l procure and maintain at all times during the life of this Agreement, a program of insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of the work hereunder by Consultant, its officers, representatives, agents or employees. Consultant acknowledges that Section 3700 of the Califo rnia Labor Code requires all employers to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that Code Section. Consultant shall fo rmally acknowledge this requirement by sign ing the attached Worker's
Compensation Insurance Certificate prior to commencing
work hereunder. Consultant shall not commence work under this Agreement until it has obtained all insurance required hereunder from a company or companies acceptable to the City nor shall Consultant allow any subcontractor to commence work on its subcontract until all insurance required of the REV. 8 --{)-02- 14
Professional Services Agreement 2022-23-031
I ncorporatcd. 1988
subcontractor has been obtained. The Consultant shall take out and maintain all times during the life of this Agreement the fo llowing policies of insurance: For all operations of the Consultant or any subcontractor in performing the work
provided for herein, insurance with the fo llowing minimum limits and coverage.

A) Mininlum Scope of Insurance: Coverage shall be at least as broad as: (i) Insurance Services Office Commercial
General Liability coverage (Occurrence Form CG 0001).
(ii) Insurance Services Office Form Number CA 0001
(Ed. 1/87) covering Automobile Liability, Code I (any
auto). (i ii) Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance. (iv) Errors and Omissions liability insurance appropriate to Consultant's profession.

B) Minimum Limits on Insurance: Consultant shall
maintain limits of no less than: (i) General Liability: $ 1 million per occurrence for bodily injury, personal injury and property damage including products/completed
operations and any other activities undertaken by
Consultant pursuant to this Agreement. If Commercial
General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location or the general aggregate limit shall be twice the required occurrence
limit. (ii) Automobile Liability: $ 1 million per accident fo r bodily injury, death and property damage insuring
against liability arising out of the use of any vehicle. (iii) Workers' Compensation insurance as required by the State of California (iv) Employer's Liability: $ 1 million per accident fo r bodily injury or disease. (v) Errors and
Omissions Liability: $1,000,000 per claim insuring
against any liability arising out of professional errors and/or omissions ("malpractice"). Modifications to the
above noted minimum insurance limits may only occur
upon concurrence of both parties to this Agreement,
confirmed in writing by Consultant and City's Risk
Management.

C) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and
approved by City's Risk Management. At the option of
the City's Risk Management, either: (i) The insurer shal l reduce or elim.inate such deductibles or self-insured
retentions as respects the City, its elected and appointed officials, officers, agents and employees; or (ii) The
Consultant shall provide a financial guarantee satisfactory to the City's Risk Management guaranteeing payment of
losses and related investigations, claim administration and defense expenses.

D) Other Insurance Provisions - Commercial General and
Automobile Liability: The commercial general liability
policies are to contain, or be endorsed to contain, the following provisions: (i) The City, its elected and
appointed officials, officers, agents, employees and
volunteers are to be covered as additional insured with respect to liability arising out of work or operations
performed by or on behalf of the Consultant or
automobiles owned, leased, hired or borrowed by the
Consultant. (I) Each insurance policy required by this
Section 16 shall be endorsed to state that coverage shall

Page 2 ends

#7..
- 121 -
not be reduced or canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management. (2) Consultant's insurance shall specify
that: (i) it applies separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability; (ii)
Coverage shall be primary insurance as respects to the
City, its officers, officials, employees, agents and
volunteers. Any insurance maintained by the City, its
officers, offi cials, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not
contribute with it. (iii) any fai lure to comply with
reporting or other provisions of the required policy,
including breaches of warranty, shall not affect the
coverage required to be provided; (iv) all costs of
adjusting and/or defending any claim against any insured, including court costs and attorney's fees, shall be paid in addition to and shall not deplete any policy limits.

E) Other insurance Provisions - Workers' Compensation and Employer's Liability: The following provisions apply to Consultant's workers' compensation and employer's
liability insurance: (i) Such policies may be subject to deductible or retention in an amount acceptable to the
City's Risk Management. (ii) Consultants shall provide to the City an endorsement that the insurer waives the right of subrogation against the City it officers, officials, employees, agents and volunteers.

F) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VIl, unless the City's Risk Management approves, in
writing, insurers with a lower A.M. Best rating.

G) Verification of Coverage: Consultant shall furnish the City's Risk Management with original certificates and
amendatory endorsements e ffecting coverage required by this clause. The Endorsements should be on forms
provided by the City's Risk Management or on other than City's forms provided those endorsements conforn1 to the requirements of the City's Risk Management. All
certificates and endorsements are to be received and
approved by the City's Risk Management before work
commences. The City reserves the right to require
complete, certifi ed copies of all required insurance
policies, including endorsements affecting the coverage required by these specifications at any time.

Notwithstanding the above, if the life of this Agreement shall extend beyond one (I) year, Consultant shall
provide City with certificate, amended endorsements or
complete certified copies of required insurance policies evidencing renewal of the required policies of insurance prior to beginning of any subsequent year of services
pursuant to this Agreement.

H) Failure to Provide or Maintain Insurance: Failure on the part of Consultant to procure or maintain required
insurance shal l constitute a material breach of this
Agreement upon which City may immediately terminate
this Agreement.

REV. 8---<i-02- 14
Professional Services Agreement 2022-23-031
Incorporated. 1988

17. COMPLIANCE WITH LAWS: The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement.

18. NON-DISCRIMINATION: Consultant shall not discrin1inate, harass, or allow harassment on the basis of race, color, creed, re ligion, sex, marital status, national origin, ancestry, age, physical disability (incl uding HJV and AIDS), mental
disability, medical condition (including pregnancy and
cancer), family care leave, age, gender identification, political affiliation or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all laws, rules and regulations relating thereto.

Such nondiscrimination shall include but not be limited to the fo llowing: employment, promotion, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection fo r training, including apprenticeship.

19. SEVERABILITY: In the event that any prov1s1on herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein, unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

20. INTERPRETATION: No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto.
21 . AGREEME T: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by City and contains all the covenants and agreements between the parties with respect to such retention of Consultant by City for the services described in Exhibit I and contains all the covenants.

22. W AIYER: No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. o breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof.

23. CONTRACT EVALUATION AND REVIEW: The ongoing
assessment and monitoring of this Agreement is the
responsibility of City's Purchasing Supervisor or his or her designee.

Page 3 ends

#7..
- 122 -
City ~ <at~pe1tia

24. TERMINATION: This Agreement may be tenninated by
either party, with or without cause, by giving written notice at least thirty (30) days prior to the effective tennination date in the written notice. Upon receipt of the termination notice, Consultant shall immediately cease all work or services hereunder except as may be specifically authorized by City's Purchasing Supervisor. In the event of temiination by City, Consultant shall be entitled to compensation for all services rendered prior to the effectiveness of the tennination notice and for such additional services specifically authorized by the Purchasing Supervisor and City shall be entitled to
reimbursement for any compensation paid in excess of the services rendered.

25. TERMINATION OF CONTRACT: NON-AV AILABILlTY
OF FUNDS: If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such
continuation of the Agreement is subject to the appropriation of funds for such purpose by the City. If funds to effect such continued payment are not appropriated, Consultant agrees to tem1inate any services supplied to the City under this
Agreement. and relieve the City of any further obligation therefore.

26. NOTICE: Notices herein sliall be presented in person or by certified or registered U.S. mail, as follows: To Consultant:
120 S. State College Blvd. Suite 200, Brea, CA 92821 To City:
9700 Seventh Avenue, Hesperia, CA 92345, Attn: Purchasing Supervisor. Nothing in this paragraph shall be construed to prevent the giving ofnotice by personal service.

Professional Services Agreement 2022-23-031
!ncu, 1 nr 11, •. •IXX

27. NON-LIABILITY OF CITY OFFICERS AND
EMPLOYEES: No officer or employee of the City shall be
personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

28. ATTORNEY'S FEES: If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.

29. CORPORATE AUTI-IORITY: The persons executing this
Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

30. ENTIRE AGREEMENT
This Agreement with attachments constitutes the entire
understanding and agreement of the parties.

IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed as of the day and year first above shown.
"CONSULTANT''
Hinderliter, de Llamas & Associates
(Check One: Individual Partnership []}Corporation)
(Corporations require two signatures; one from each of the following: A.

Chairman of Board, President, any Vice President; AND B. Secretary,.

Assistant Sec.itlll))l,~ etll'Urer, Assistant Treasurer, or Chief Financial Officer.

President
Richard Park CFO
Print Name Title
REV. 8-6-02-14
"CITY"
ATTEST
By: '.£b' '1"12-Zz_
City Date
-11·U..

Date
7-J2--2z_
Date
•City Manager's signature not required for contracts $25,000 and below

Page 4 ends

#7..
- 123 -
Professional Services Agreement 2022-23-031
City 0~ rn~peJdll
lnwrr< r<11<d I 'i8X

WORKERS COMPENSATION INSURANCE CERTIFICATE
The Consultant shall execute the following as required by the California Labor Code, Section 1860 and 1861:
"/ am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake seff-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." Hinderliter de Llamas and Associates
Andrew Nickerson, CEO
Title
Signatufu
Richard Park, CFO
Print Name
REV. 8--0--02•14
4'-
Date

Page 5 ends

#7..
- 124 -
City Ob 9Jespeitta
Exhibit I
Professional Service Agreement 2022-23-031
Incorporated I 988
Scope of Work
The City will contract with the Consultant for the following Financial Audit and Commercial Cannabis Compliance services:

Education, Subject Matter Expertise and Technical Support:

The Consultant will provide the City with ongoing technical support and subject matter expertise as needed throughout the term of the contract to ensure proper oversight and management of all commercial cannabis businesses, including regulatory compliance and financial record-keeping . The Consultant will provide "best practices" for the City and permittees they are following State and local law.

Conduct Compliance Inspections (1 per year):

The Consultant will provide the City with a draft regulatory compliance program that ensures permitted cannabis businesses comply with all applicable State and local laws, as well as providing a list of "best practices" for regulated businesses. The regulatory program will be informed by input gathered through the series of stakeholder meetings. The Consultant will provide ongoing recommendations to the City as needed to identify improvements to the City's regulatory program and/or to address changes in State law.

The Consultant will provide the City with recommendations as needed to improve or rework the permit packet and City processes to comply with changes to regulatory requirements and/or to better align with industry best practices. The Consultant will also provide recommendations as necessary to improve collection of cannabis business tax returns, cash handling procedures, and other financial information.

Conduct Financial Audits (1 per year):

The Consultant will conduct an annual financial audit to verify the accuracy of the revenue reported to the City during the review period and will recommend a tax/fee assessment should the audit reveal any unreported revenue. The Consultant will also use information gathered as a part of compliance inspections to assist with the financial audit.

The Consultant will provide a draft audit report to the commercial cannabis business. The business will be given the appropriate time to respond or appeal the report in accordance with the City ordinance. The Consultant will review any documentation provided by the business to dispute the findings and will adjust the tax/fee assessment as necessary prior to issuing the final report to the City.

The City will inform the Consultant when a cannabis business received permission to operate (i.e., through the issuance of a development agreement, conditional use permit, certificate of occupancy or other indication the business has opened). The Consultant will then work with the City to schedule periodic compliance inspections and financial audits. The Consultant will coordinate with the City as the time for each inspection and audit approaches.

Exhibit I Page 1 of 2
#7..
- 125 -
Exhibit II
Professional Service Agreement 2022-23-031
Incorporated. 1988
Fee Schedule
The Consultant's fees shown here do not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor do they include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at Consultant's hourly rate for the assigned staff person.

Scope of Service Objectives Cost
Education, Subject Matter Expertise and Technical Support 2 hours included at a reduced rate of 50% for each business subject to both audits and compliance inspections in each year of the contract. Any additional hours shall be billed at Consultant's standard houri rate for the assi ned staff erson 1.

Conduct Financial Audits
Estimated Total
Subject Matter Expertise
Compliance Inspections
Financial Audits
TARR o tional
See rate chart
$10,0
$2,50
$400
TBD
$24,000
$120,000
TBD
1 The total number of hours at this discounted rate shall not exceed 24 hours for any one year.

Exhibit II Page 1 of 2
#7..
- 126 -
City Ob ffiespe1tta
Hourly Rates for Consultant's Staff
Exhibit II
Professional Service Agreement 2022-23-031
I ncorporatcd I 988
The prices are based on the hourly rates for Consultant's staff as shown in the chart below. Any additional services requested by the City that are not specifically described in this proposal would be billed at the standard rate for the assigned staff person.

Compliance Director
uty Audit Director $250
$250
$250
$195
$195
$195
$195
$195
$195
eresa Schneider $195
$195
$195
$120
Conflicts of Interest and Non-Disclosure
Consultant will work solely with public agencies and no private-sector clients in the cannabis industry. All cannabis business information will be kept confidential by Consultant and will not be shared internally beyond those Consultant employees who are required to have access for purposes of conducting the work contemplated herein, or for administrative purposes as necessary.

Exhibit Il Page 2 of 2
#7..
- 127 -

1. SCOPE OF WORK
Education, Subject Matter Expertise and Technical Support:

HdL will provide general consulting in the form of technical assistance and subject matter expertise on an as-needed basis throughout the term of the agreement. Such assistance may be used best practices for the City and permittees to ensure proper oversight and compliance with all regulatory and financial reporting requirements. Such hours may also be used to provide education, monitoring of changes to State laws and regulations, participation in conference calls, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from the public, or other issues yet to be determined as requested by the City.

HdL shall initially provide 2 hours of such general consulting assistance as a part of this proposal, with additional assistance to be provided on an hourly basis as needed or requested by the City.

Conduct Compliance Inspections
HdL will conduct one (1) on-site compliance inspection annually, as requested by the City, for each permitted cannabis business to determine compliance with State and/or local laws. If HdL identifies any non-compliant activities, we will provide the City with a recommended appropriate action to address the deficiency and to ensure future compliance by the permittee.

The cost for these services includes all of the following:
 Notifying permittee of pending inspection
 On-site inspection to ensure that each business complies with all State and local laws and regulatory protocols for all of the following:
o Inventory management
o Cash handling procedures
o Access control
o Video surveillance
o Product safety
o Alarm system maintenance and safety
o Lock standards
o Packaging and labeling
o Waste management
o Transportation documentation
o Surveillance equipment maintenance
o Occupational badges
o Business records
o Other items as necessary to ensure compliance with laws  Preparation of a draft report detailing the findings of the inspection and providing recommendations for improvement where needed. If the inspection identifies any #7..
- 128 -
violations of law or other non-compliance issues, then HdL will prepare a notice to comply as an included part of the report.
 All travel costs associated with the inspection
 All phone, email and other communications involved in preparing for, scheduling and coordinating the inspections and providing the report.

The cost for this service does not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at HdL’s hourly rate.

Conduct Financial Audits
HdL will conduct an annual revenue audit of each cannabis business to verify the accuracy of the revenue reported and remitted to the City during the review period and will recommend a tax assessment should the audit reveal any unreported revenue. As part of the audit process, HdL will conduct a risk-based review of each business using our proprietary Cannabis Analytical Testing System (CATS™). CATS was designed by HdL to address the unique challenges associated with auditing the cannabis industry. CATS allows audit staff to cross-analyze multiple business records to identify reporting variances, discrepancies and outliers to produce the most accurate measure of gross receipts on behalf of the City.

To initiate the process, the City shall provide HdL with a list of all licensed cannabis businesses subject to audit. HdL shall work with the City to determine the appropriate review period for each business and to develop a schedule for conducting all audits. As the time for each audit approaches, HdL will prepare a notification letter informing the licensee of the impending audit and providing a list of all records and documentation the business is required to provide, including remote access to the business’s point-of-sale (POS) system where applicable. HdL recommends that the notification letter be sent by the City to communicate HdL’s authority to conduct the audit and to encourage cooperation by the business.

The full annual audit shall include:
 Review Point-of-Sale (POS) system structure
 Review inventory system (subject to METRC data)
 Analyze and compare POS data with other available data sources, including:
o City cannabis tax returns
o State tax returns
o Federal tax returns
o METRC sales and inventory data
o CDTFA data
o Bank statements
o ATM merchant statements
o Sales receipts
o Other financial documents as available
#7..
- 129 -
 Identify any variances or over/under reporting
 Calculate any taxes or fees due to the City
 Prepare and issue report
Where cannabis cultivation is taxed on a square-footage basis, the audit shall include one annual site inspection to verify compliance with maximum permitted canopy area. Square footage audits may also consider documented findings from inspections by the City, CDFA or other agencies, where available. Where cannabis cultivation is taxed at a percentage tax of gross receipts, the audit shall include the applicable review listed under ‘The Full Annual Audit Shall Include’ section.

A business that holds multiple state cannabis licenses shall be considered a single business for audit purposes, provided that all licenses are held and operated under the same name, ownership, location, and a single tax ID number. Any variation may indicate separate business entities requiring separate audits. Any such determination shall be made on a case-by-case basis in consultation with the City.

HdL will provide a draft audit report to the commercial cannabis business. The business will be given an appropriate opportunity to respond or appeal the report in accordance with the City ordinance. HdL will review any documentation provided by the business to dispute the findings and will adjust the tax/fee assessment as necessary prior to issuing the final report to the City.

The cost for this service assumes a standard 12-month review period. This may be increased up to a maximum of 24 months, in accordance with the statute of limitations for tax audits. This cost also assumes reasonable cooperation from the licensee. Non-cooperation by the licensee may result in additional charges at HdL’s hourly rate, or in termination of the audit and potential enforcement action by the City. Any such action or additional charges would be determined in consultation with the City.

The cost does not include assistance with administrative appeals or enforcement of audit findings, cannabis tax policy questions or guidance, or other services not directly associated with preparing the revenue audit report. Any costs associated with such additional services would be billed at HdL’s hourly rate.

Tax Analytical Remittance Reports (TARR) Summary (Optional) HdL has developed a quarterly revenue monitoring system that provides a risk-based assessment of each cannabis business to identify outliers or possible errors that may warrant further investigation. Our proprietary Tax Analytical Remittance Report (TARR) uses specially designed algorithms to analyze confidential data from each cannabis business and make recommendations to the City to address tax/fee liability deficiencies or other financial compliance issues.

Our TARR process gathers operator data from a variety of sources and compares the revenue and volume of sales to the amounts reported to the City. Our analysis identifies any variances between amounts reported to the City and amounts reported elsewhere and provides a report to the City highlighting any high-risk businesses and making recommendations for performing a full revenue audit where indicated. #7..
- 130 -
HdL shall begin the process by collecting data from the following sources:
 METRC or other inventory track-and-trace program
 Business point-of-sale (POS) systems
 Questionnaire to be completed by each business
 Cannabis Business Tax Returns
 CDTFA1 excise and cultivation tax returns
 Other data sources or reports as requested or required by the City HdL’s TARR system will cross-analyze data from these various sources and identify any internal inconsistencies or errors. Our system also utilizes our proprietary CATSTM software to generate estimates for average wholesale price, projected harvest yield and value, and projected sales for each business for the time period reviewed. Our system identifies any outliers, where data provided by a business falls outside the normal range for similar businesses. Variances of greater than 10% (or as determined in consultation with the City) shall trigger further investigation.

Specific reports to be generated by our TARR program may include any or all of the following:

Sales Reported in METRC vs. Sales Reported to the City
 METRC vs. City Cannabis Business Tax Returns
 Over or Under-Reported Revenues
Projected Sales vs. Sales Reported in METRC
 Projected Sales vs. Actual Sales Reported in METRC
 Variance Between Projected Sales and Actual Sales
Sales Analysis
 Pounds Sold per METRC vs. Pounds Reported on CDTFA Tax Returns  Total Sales vs. Canopy Used (Cultivation)
Wholesale Price Analysis
 Average Sales Price by Operator by Quarter
Harvest Analysis (Cultivation)
 Projected vs. Actual Pounds Harvested
 Projected vs. Actual Pounds Harvested by Operator
 Variance Between Projected and Actual Pounds Harvested  Pounds Harvested per Square Foot by Operator
 Pounds Harvested per Square Foot by License Type
 Pounds Harvested per Harvest Cycle by Operator
 Pounds Harvested per Harvest Cycle by License Type
Canopy Usage Analysis (Cultivation)
 Canopy Used vs. Canopy Allowed per License
 Total Canopy Used vs. Total Pounds Harvested
1 California Department of Tax and Fee Administration
#7..
- 131 -
Destroyed/Waste Product Analysis
 Harvest Destroyed or Waste
Sales Trends
 Quarter Over Quarter Change
 Quarterly Sales by Operator
 Quarterly Sales by License Type
 Total Sales by Operator
HdL can also create additional reports upon request by the City. Reports can also be provided in a non-confidential format utilizing information gathered from cannabis businesses throughout the state, region and City to create regional or statewide comparisons. HdL will continue to modify and develop our TARR program as new data sources become available or to address changes in the cannabis industry. HdL will work with the City to determine the best suite of reports to be provided based on the number and type of cannabis businesses within the City.

Additional Optional Services
Any services in addition to those identified in this exhibit (Exhibit A) or Exhibit B may only be performed upon mutual agreement of both parties.
#7..
- 132 -

2. EXPERIENCE
Company Profile
Founded in 1983, HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Our audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management Program. The firm also provides a variety of enterprise software processing tools for business licensing, code enforcement, animal control, building permits and tracking/billing of false alarms.

HdL’s systematic and coordinated approach to revenue management and economic data analysis is currently being utilized by over 600 agencies in six states. The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.

HdL’s key staff has extensive experience serving local government and many have previously held positions in city management, finance, planning, economic development or revenue collection. HdL is a Corporate Partner of the League of California Cities and California State Association of Counties and works extensively with the County Auditor’s Association of California, California Society of Municipal Finance Officers (CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs to strengthen local government revenues.

This close understanding of local government needs coupled with extensive databases and advanced methodology provides for the most relevant, productive and responsive revenue recovery; forecasting; and economic services available.

Our team of professionals has over 80 years of direct experience establishing and implementing cannabis regulatory and taxation programs, including establishing land-use regulations, permit processes, staffing plans, and cost recovery fees; structuring cannabis business tax fees; regulatory compliance; financial audits; and law enforcement training. Our team has conducted over 11,000 cannabis compliance inspections and investigations in California, Colorado and Nevada.

Key Personnel
Ajay Kolluri; Director of Cannabis Services
Ajay Kolluri is the Director of Cannabis Services for HdL. Ajay is responsible for overseeing the cannabis team and the daily operations of HdL’s Cannabis Division.

Ajay previously served as Manager for the Office of Cannabis Oversight (OCO) at City of Long Beach. Working within the City Manager’s Office, Ajay was responsible for the licensing, regulation and enforcement of all commercial cannabis activity in the City, encompassing one of the largest legal cannabis markets in the state. #7..
- 133 -
During his tenure with the OCO, Ajay oversaw the issuance over 200 cannabis business licenses, generating over $10 million in annual revenue for the City. Ajay has experience in all aspects of cannabis oversight, including public health and education, planning and zoning, building inspections, enforcement, fee development, economic analysis and revenue projections.

Prior to overseeing the OCO, Ajay worked in public finance, serving as Budget Analyst for the Department of Financial Management in the City of Long Beach. Ajay holds a Bachelor’s degree in business economics from the University of California, Santa Barbara, and a Master’s degree in public policy from the University of Michigan.

Matt Eaton; Deputy Compliance Director
Matt Eaton is the Deputy Compliance Director at HdL and plays a critical role in implementing the Cannabis Compliance Program for local agencies. Prior to joining the firm, he was a progressive law enforcement professional with 30 years’ experience conducting criminal/regulatory investigations, and corporate/individual background investigations.

While working as a Supervisory Investigator at the Colorado Department of Revenue in the Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilian staff in the Denver Metro and Longmont field offices. During his six-year tenure at the MED, he conducted approximately 10,000 criminal investigations and compliance reviews, including regulatory and financial investigations. He is a subject matter expert on track and trace systems and understands the complexity of reviewing data to ensure businesses are in compliance with state and local regulations. Matt was responsible for planning, developing and implementing report and field inspection protocols for the agency. He also played an instrumental role in recommending changes to current regulations and identifying essential language for new legislation in Colorado. Matt is well known for his ability to maintain working relationships with cannabis industry leaders and external stakeholders in resolving issues.

Matt received his Bachelor of Science Degree from Biola University and maintained Police Officer Service Training (POST) certification for over 30 years in California and Colorado. He has also served as an adjunct instructor teaching law enforcement principle related to criminology, correctional processes, procedural law, interviews, interrogations and criminal evidence at AIMS Community College in Greeley, Colorado.

Mark Lovelace; Senior Policy Advisor
Mark Lovelace has 23 years of broad experience in public policy, community engagement and advocacy and is recognized as a leader in advancing the statewide discussion of medical and recreational cannabis as a legitimate policy issue in California. Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where he was instrumental in developing a comprehensive approach to regulating cannabis, including a voter-approved tax on commercial cultivation and an innovative track and trace pilot program. Mark established and co-chaired the Cannabis Working Group for the California State Association of Counties (CSAC) and helped draft CSAC’s cannabis legislative platform. #7..
- 134 -
Mark has worked extensively with public agencies and statewide organizations on cannabis issues and has led numerous presentations, workshops and panel discussions. Prior to his time on the Board, he worked for many years as a respected advocate on land use, planning, development, resource management and environmental issues. Mark received his Bachelor of Science degree in Industrial Design from San Jose State University.

David Ross; Senior Compliance Inspector
David Ross is a Certified Fraud Examiner with 7 years of experience conducting gaming and non-gaming audits and investigations of tribal gaming facilities. David’s experience includes conducting forensic accounting investigations into cash larceny, expense reimbursement fraud, check fraud, credit card fraud, payroll fraud, wire fraud, insider trading, construction fraud in addition to litigation support.

David previously worked as Surveillance Officer and Internal Auditor for the Shingle Springs Tribal Gaming Commission, where he was responsible for analyzing financial statements for a facility with revenues exceeding $20 million per month. David also analyzed internal controls and established policies and procedures to ensure compliance with federal, state and local regulations. In addition, David conducted surveillance reviews and investigations into criminal activity including check and credit card fraud, skimming, money laundering, drug activity and other violations.

David holds a Bachelor’s Degree in Business Administration from Vanguard University in Costa Mesa and a Master’s Degree in Finance from California State University San Bernardino. He is a member of the Association of Certified Fraud Examiners.

Michelle Shaw; Compliance Inspector
Michelle conducts onsite inspections, examinations and other actions to monitor compliance with established standards for local licensed cannabis businesses. Prior to joining HdL, she was a Compliance Specialist Officer at a large, multinational bank where she managed, validated and oversaw the effectiveness and accuracy of numerous compliance issues within the consumer retail space. Throughout her eight years of experience at the bank, she performed assessments of affiliate businesses to determine compliance/non-compliance of their processes and procedures pursuant to bank standards and state regulations.

A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certificate from the Global Association of Risk Professionals and a paralegal certificate from the Southern California College of Business and Law.

Teresa Schneider; Compliance Inspector
Teresa Schneider served for 28 years with the Montclair Police Department, including 12 years in the Background Investigations Unit. In this capacity, Teresa was responsible for conducting background investigations of all City business license applicants, as well as all sworn and non-sworn positions within the police and fire departments and of civilians requesting access to police department records.
#7..
- 135 -
Theresa previously served 4 years in the U.S. Army’s nursing program at Fort Campbell, Kentucky. During this time she attended college at the University of Kentucky and Austin Peay State University. After receiving an Honorable Discharge in 1990, Teresa was hired by the Montclair Police Department. During her 28-year career, she worked numerous assignments, including patrol, K9, detective bureau, court liaison, volunteer coordinator, and red-light automated enforcement. Teresa received many awards throughout her career, including Officer of the Year.

Elizabeth Eumurian; Audit Manager
Elizabeth Eumurian is the Audit Manager for HdL. Her primary role is to oversee and review the audits conducted by team members to assure accuracy and consistency. She also conducts financial audits, evaluates cannabis applications and conducts background checks.

As part of the audit program, she will be conducting and preparing analytical information through the CATS™ program to prepare Tax Analytical Remittance Reports (TARR) summaries to evaluate under reporting or anomalies in the remittance of tax payments to local jurisdictions.

Elizabeth previously worked as a senior auditor in the entertainment industry. In this role, she executed testing procedures for targeted audit programs, analyzed findings and prepared audit and compliance reports. She also has experience working for a large financial institution analyzing data for reporting anomalies and performing internal audits. Elizabeth has recently done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach, Mammoth Lakes, Moreno Valley, Perris, San Bernardino, and Vallejo.

Elizabeth earned her Bachelor of Arts degree in History from California State University and holds a certificate in CannaBusiness from Oaksterdam University.

Valerie Carter; Senior Auditor
Valerie Carter works as an Auditor for HdL’s Cannabis Management Team. Valerie has over 5 years of public sector work experience focusing on public policy, auditing and revenue tax implementation. She was a Tax Auditor II for the City of Oakland’s Revenue Management Bureau and an Assistant Management Analyst for the City of Berkeley’s Transportation division. Valerie earned a Bachelor’s Degree in Business Administration from Cal Poly Pomona, with an emphasis on Finance, Real Estate, and Law.

Pam Davis; Auditor
Pam Davis conducts revenue audits of licensed cannabis businesses as a member of HdL’s Cannabis Management Team. Prior to joining HdL, Pam served as the Director for the Richland County (South Carolina) Business Service Center for over 15 years, where she was responsible for auditing businesses to ensure accurate reporting and remittance of a variety of local taxes. Pam also conducted research and rate impact analyses and developed policies, procedures and user manuals to ensure business and governmental compliance. #7..
- 136 -
Pam received a Master’s of Public Administration degree from the University of Georgia and a Bachelor’s Degree in Political Science from Clemson University. She also holds a certificate in CannaBusiness from Oaksterdam University as well as numerous other certifications, Odette Mikhail; Auditor
Odette Mikhail conducts cannabis revenue audits at HdL. Odette previously worked as a senior auditor at public accounting firms. In this role, she executed testing procedures for audit and review engagements, identified accounting issues, reviewed internal controls, and prepared financial reports and statements. Odette earned her Bachelor of Science degree in Accounting and Business Administration from Ain Shams University in Cairo, Egypt.

Tao Lu; Auditor
Tao Lu works as an Auditor for HdL’s Cannabis Management Team. Tao has two and a half years’ experience as an accountant with an emphasis in information technology and food manufacturing industries. He also has public audit work experience at RSM China. Tao was born and raised in China. He earned a Bachelor’s Degree in Accounting and Finance from Syracuse University in New York before relocating to Southern California with his family.

Eric Magana; Auditor
Eric Magana works as an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Prior to joining HdL, Eric worked as a Loan Specialist for the U.S. Small Business Administration, where he processed over 5,000 business loans and grant applications. Eric holds a Bachelor’s Degree in Economics and Administrative Studies from University of California at Riverside.

Tonson Chieng; Audit Analyst
Tonson Chieng is an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Tonson previously worked as an accountant for Release Point, a business services company in Claremont, California, where he was responsible for generating and reviewing financial reports for in depth analysis along with other accounting and bookkeeping functions. Tonson also brings experience as a staff accountant for the CPA firm of MMB & Co.

Tonson received a Bachelor of Science degree in Accounting from California Polytechnic State University at Pomona in 2020.
#7..
- 137 -
Jennifer Erwin; Audit Analyst
Jennifer Erwin is an Audit Analyst for HdL’s Cannabis Management Team. Jennifer conducts revenue audits of licensed cannabis businesses to ensure they are reporting and remitting the proper amount of cannabis tax revenue to their host jurisdiction. Jennifer previously served as Finance Director for the City of Perris, California and as Assistant Controller for the Morongo Band of Mission Indians. Jennifer brings extensive experience with complex financial analyses, fee studies, cost accounting procedures and collections.

Jennifer is a Certified Public Accountant (CPA #108992) and received her Bachelor of Science degree in Business Administration from the University of Phoenix.

Dante Chegini; Audit Analyst
Dante Chegini conducts revenue audits as a member of HdL’s Cannabis Management Team to ensure that licensed cannabis businesses are reporting and remitting the proper amount of cannabis taxes to their host jurisdiction. Dante previously worked as a financial analyst at a public finance investment banking firm in Los Angeles, where he was lead analyst on over 30 deals with a total value exceeding $1 billion. Dante brings experience with organizing and analyzing large volumes of financial data to determine accurate revenues and debts.

Dante received a Bachelor of Science degree in Business Administration from the University of Southern California, Marshall School of Business in May of 2022 with a focus on financial and managerial accounting and business finance.

Kristi Lervold; Administrative Assistant
Kristi is the Administrative Assistant for HdL’s cannabis team. In this role she supports individual team members, coordinates internal processes, and assists with client requests, contracts, billing reconciliation and invoicing. Kristi’s 18-year career includes ten years as the administrative assistant to HdL’s CFO, handling various operational responsibilities and supporting financial functions, as well as experience in the occupational health industry, facilitating services for federal, state, and local government clients. Kristi holds a Bachelor’s of Science degree in Business Management with a minor in Business Administration. #7..
- 138 -
Exhibit B Page 1 of 2
Exhibit B - City of Modesto Fee Schedule
The Consultant's fees shown here do not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor do they include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at Consultant's hourly rate for the assigned staff person.

Scope of Services Cost
Education, Subject Matter Expertise, and Technical Support - 2 hours included at a reduced rate of 50% for each business subject to both audits and compliance inspections in each year of the contract. Any additional hours shall be billed at Consultant's standard hourly rate for the assigned staff person.1 See Rate Chart Conduct Compliance Inspections $2,000 per inspection
Conduct Financial Audits $10,000 per audit
Tax Analytical Remittance Reports (TARR) Summary (Optional) $2,500 per business per year Travel (if and as needed for meeting attendance) $400 per day Optional Additional Services: Billed at hourly rate*
*For hourly rate, see Hourly Rate for Consultant’s Staff chart below. 1 The total number of hours at this discounted rate shall not exceed 24 hours for any one year. #7..
- 139 -
Exhibit B Page 2 of 2
Hourly Rate for Consultant's Staff
The prices are based on the hourly rates for Consultant's staff as shown in the chart below. Any additional services requested by the City that are not specifically described in this proposal would be billed at the standard rate for the assigned staff person.

Staff Person Title
Hourly
Rate
Matt Eaton Deputy Compliance Director $250
Ajay Kolluri Director $250
Mark Lovelace Senior Policy Advisor $250
Elizabeth Eumurian Audit Manager $195
Odette Mikhail Auditor $195
Tao Lu Auditor $195
Valerie Carter Auditor $195
Pamela Davis Auditor $195
Eric Magana Auditor $195
Dante Chegini Audit Analyst $195
Tonson Chieng Audit Analyst $195
Jennifer Irwin Audit Analyst $195
Michelle Shaw Compliance Inspector $195
Teresa Schneider Compliance Inspector $195
Cheryl Lee Business Application Reviewer $195
Jeff Burris Business Application Reviewer $195
Kristi Lervold Administrative Assistant $120
All Cannabis business information will be kept confidential by Consultant and will not be shared internally beyond those Consultant employees who are required to have access for purposes of conducting the work contemplated herein, or for administrative purposes as necessary.
#7..
- 140 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Agreement for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza
CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods, [email protected], 209- 577-5437
DESCRIPTION:

Consider approving an Agreement with American Chiller Service, Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a total amount not to exceed $375,000 over five years. (Funding Source: Centre Plaza Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Quality of Life, Goal D: provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The Modesto Centre Plaza facility was constructed in 1988. At the time, a state-of-the-art heating, ventilation, and air conditioning system (HVAC) was installed by American Chiller, Inc. (American Chiller) to serve the 24,000 square foot, multi-level meeting and convention facility. The system houses a climate control system utilizing two chillers (one large and one small).

In 2017, staff had American Chiller recondition and retrofit the chillers, which would prolong the life of the equipment for approximately ten years for a cost of approximately $65,000. In 2018, $49,668 was spent to upgrade the computer components to monitor and control the operating system.

In April 2018, by Resolution No 2018-175, Council approved $75,000 to fund a purchase Agreement with American Chiller to complete additional repairs and reinstate annual equipment service, funding for quarterly maintenance, and contingency funding for any emergency repairs for the balance of FY 17-18 and through FY 18-19. At that time, American Chiller was identified as the most capable provider for future service and repairs. #8..
- 141 -
City Council, June 13, 2023
Agreement for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza

Page 2 of 3 ends

In June 2019, by Resolution No. 2019-284, Council approved an Agreement with American Chiller, Inc., for scheduled and emergency heating, ventilation, and air conditioning maintenance services for the Modesto Centre Plaza Facility for a four-year Agreement, for an annual cost not to exceed $75,000, and a total cost not to exceed $300,000 over four years.

DISCUSSION:

To maintain and prolong the life of the system, staff is proposing a two-year Agreement with three (3) one-year extensions with American Chiller. Although the retirement of the debt service bond for the facility occurs at the end of this year, a decision regarding the future of the property is yet to be decided. In the interim, the facility will continue to operate and will need a working HVAC system to do so.

The proposed Agreement is essential as it continues the necessary scheduled maintenance of the system and provides contingency funding for any emergency repairs, parts, and labor which may be needed over the term of the contract. The annual cost for the maintenance and emergency components is outlined in the table below:

Fiscal Year Annual
Maintenance
Emergency Repair
Contingency
Total
2023-24 $52,785 $22,215 $75,000
2024-25 $53,313 $21,687 $75,000
2025-26 $53,844 $21,156 $75,000
2026-27 $54,380 $20,620 $75,000
2027-28 $54,924 $20,076 $75,000
TOTAL $269,246 $105,754 $375,000
With its longstanding history, knowledge, expertise, and service on the units, American Chiller has been identified and confirmed as the most capable provider for future service and repairs.

Modesto Municipal Code Section 8-3.204 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Here, American Chiller should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) due to the documented superior performance. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

Funding is budgeted in proposed Fiscal Year 2023-2024 operating budget and will be budgeted annually for the remaining four years of the Agreement in the Centre Plaza Fund.

COMMITTEE RECOMMENDATION:

This item was approved by the Safety and Communities Committee May 8, 2023, where the Committee recommended forwarding to Council for approval. #8..
- 142 -
City Council, June 13, 2023
Agreement for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Agreement with American Chiller Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a two-year Agreement with three one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $375,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibit B

4. Bid Waiver
#8..
- 143 -
06/13/2023/PRN/LSMITH/ 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE AGREEMENT WITH AMERICAN CHILLER INC. FOR HVAC MAINTENANCE AND EMERGENCY REPAIRS FOR THE

MODESTO CENTRE PLAZA FOR A TWO-YEAR AGREEMENT WITH

THREE ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $75,000, AND A TOTAL AMOUNT NOT TO EXCEED $375,000 OVER FIVE YEARS; AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, in 1988 the 24,000 square foot Modesto Centre Plaza (MCP) convention facility was constructed; and
WHEREAS, American Chiller, Inc., installed the climate control system (System) which houses one small and one large chiller unit; and
WHEREAS, regularly scheduled maintenance of the System was initially maintained but later reduced and eventually eliminated due to budget reductions; and WHEREAS, system failures and disrepairs have increased over the last thirty years; and
WHEREAS, in 2017 and 2018, the City contracted American Chiller to recondition the units to prolong the life of the equipment, and upgrade the computer components to monitor and control the operating system; and WHEREAS, on May 15, 2018, by Resolution No. 2018-175, Council approved a purchase agreement with American Chiller to complete additional system repairs necessary to maintain full operation of the climate control system with contingent funding for emergency repairs; and
WHEREAS, on June 25, 2019, by Resolution No. 2019-284, Council approved an Agreement with American Chiller for scheduled and emergency heating, ventilation, and #8..
- 144 -
06/13/2023/PRN/LSMITH/ 2 2023-
air conditioning maintenance services for four years for an annual cost of $75,000 and a total not to exceed $300,000; and
WHEREAS, the City desires to continue these services through the end of fiscal year 2027-2028; and
WHEREAS, the annual agreement cost shall not exceed $75,000, and the total agreement cost shall not exceed $375,000; and
WHEREAS, funding for Fiscal Year 2023-2024 is budgeted in the Cultural Services Operating budget; and
WHEREAS, funding for additional fiscal years will be budgeted in the Cultural Services Operating budget; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures.

However, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality; and WHEREAS, here, American Chiller should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) due to the documented superior performance. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement with American Chiller Inc., for HVAC maintenance and emergency repairs for the Modesto Centre Plaza for a two-year #8..
- 145 -
06/13/2023/PRN/LSMITH/ 3 2023-
Agreement with three (3) one-year extension options, for an annual estimated amount of $75,000, and a total cost not to exceed $375,000 over five years.

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. #8..
- 146 -
06/13/2023/PRN/LSMITH/ 4 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
#8..
- 147 -
1 ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of __________ 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and American Chiller Service, Inc., hereinafter called CONTRACTOR.

W I T N E S S E T H :

WHEREAS, the Modesto City Council adopted Resolution No. 2023-_______, authorizing the Award of Proposal and agreement for ANNUAL MAINTENANCE, MONTHLY

MAINTENANCE, AND EMERGENCY REPAIRS TO THE HEATING, VENTILATION, AND AIR CONDITIONING UNITS AT THE MODESTO CENTRE PLAZA, attached hereto as Exhibit "A" and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY’s needs and shall enter into an agreement for ANNUAL MAINTENANCE,

MONTHLY MAINTENANCE, AND EMERGENCY REPAIRS TO THE HEATING,

VENTILATION, AND AIR CONDITIONING UNITS AT THE MODESTO CENTRE PLAZA, attached hereto as Exhibit “B”, and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #8..
- 148 -
2 c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $75,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $375,000. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Proposal attached hereto as Exhibit B.

AGREEMENT PRICING
Fiscal Year Program Cost Emergency Contingency
(not to exceed)
Total
2023-2024 $52,785 $22,215 $75,000
2024-2025 $53,313 $21,687 $75,000
2025-2026 $53,844 $21,156 $75,000
2026-2027 $54,380 $20,620 $75,000
2027-2028 $54,924 $20,076 $75,000

2. PREVAILING WAGES:

In accordance with California Labor Code section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published #8..
- 149 -
3 by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq.

DIR Project ID#: 461292

3. CITY REPRESENTATIVE:

Laurie A. Smith
Director Parks, Recreation & Neighborhoods Department
(209) 577-5347
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five years.

Year 1: July l, 2023 through June 30, 2024
Year 2: July l, 2024 through June 30, 2025
Year 3: July 1, 2025 through June 30, 2026
Year 4: July 1, 2026 through June 30, 2027
Year 5: July 1, 2027 through June 30, 2028
#8..
- 150 -
4 Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies. a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related #8..
- 151 -
5 pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to #8..
- 152 -
6 additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the CITY’s Risk Manager.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 45 Days via manual check”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT NUMBER – 245323
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

7. INDEMNITY:
#8..
- 153 -
7 The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be #8..
- 154 -
8 entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced immediately after receipt of the Notice to Proceed for this AGREEMENT. The Notice to Proceed shall not be issued until the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No. 2023-______;
b. CONTRACTOR Proposal submittal;
c. CONTRACTOR’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the nonbreaching party, or such other time as may be identified in the notice. Failure to correct any nonperformance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure:

Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
#8..
- 155 -
9 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
#8..
- 156 -
10 i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
#8..
- 157 -
11 a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:
#8..
- 158 -
12 CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. DIR REGISTRATION:

Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “B”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during the term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

17. CONTRACTOR’S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

18. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Rudy Castano
American Chiller
931 Reno Avenue, Suite L
Modesto, CA 95351
#8..
- 159 -
13 (209) 557-0111
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

19. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

20. QUANTITIES:

No minimum or maximum is guaranteed or implied.

21. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for #8..
- 160 -
14 employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
#8..
- 161 -
15 e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY.

CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

26. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B”, and only under the terms and conditions set forth herein. #8..
- 162 -
16 27. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent.

CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

29. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

30. WAIVER:

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

31. HEADINGS NOT CONTROLLING:
#8..
- 163 -
17 Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

34. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#8..
- 164 -
18 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and ________________________________________ has caused this Agreement to be duly executed. #8..
- 165 -

Large Tonnage Air
Conditioning Specialists
CA Lic. No. 605046
NV Lic. No. 0035255
ID Lic. No. HVC-C-10073
Sacramento 11328 Sunrise Gold Circle, Rancho Cordova CA 95742 Phone: (916)457-7800 Fax: (916)731-8100 Bay Area 743 Thornton Street San Leandro CA 94577 Phone: (510)686-1111 Fax: (510)686-1234 Modesto 931 Reno Ave., Suite L Modesto CA 95351 Phone: (209)557-0111 Fax: (209)557-0123 Reno / Tahoe 745 E. Greg Street, Suite 5 Sparks NV 89431 Phone: (775)322-9900 Fax: (775)322-9929 Mailing Address P.O. Box 1887 Rancho Cordova CA 95741-1887 Toll Free: (800)916-2445 Website: www.americanchiller.com E-Mail: [email protected] Contractors Licenses: CA: 605046 C-4/C-20/C-38/D-58 NV: 0035255 C-21 ID: HVC-C-10073 Payment to be made as follows: Net 30 Days All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. All work is covered by a one year parts and labor warranty unless otherwise specified. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delay beyond our control. American Chiller Service or Customer can terminate with one month written notice to the other party. Owner to carry fire and other necessary insurance. Our workers are fully covered by worker’s compensation insurance. Pricing is valid for 90 days fromdate of proposal.

March 10, 2023

HVAC SERVICE
City of Modesto
Modesto Centre Plaza
1000 L Street DIR# 1000000880
Modesto CA 95354 Phone: (209) 652-5949
Attn: Mr. Bob Quintilla Quote: 64350
Dear Mr. Quintilla:

Per your request we would like to offer our proposal for HVAC services at the Centre Plaza to include annual and monthly services for all mechanical equipment. Below are the full details of the proposed service; attached are the checklists we will use. All services are quoted for work during standard business hours, M-F.

Equipment Covered:
o Two Air Handlers and return fans
o Two Trane Water Cooled Chillers
o 35 VAV’s
o One BAC Cooling Tower
o One Hot Water Boiler
o Control System
o One Domestic Hot Water Boiler
o One Fountain Panel and Pump
o One Filter pump and panel
o Two Chilled Water Pumps
o Two Condenser Water Pumps
o Two Hot Water Pumps
o One Compressor and Air Dryer
o One Refrigerant Monitor
Proposed Program Term:
-Third Quarter 2023-Second Quarter 2028
Scope of Work:
• Provide labor and materials to perform annual/quarterly services per attached check lists. • Provide calibration of all pneumatic systems and check operation of building DDC system as part of control /VAV annual portion • Exhaust fan portion to include v-belt replacement.
• Quarterly service to all building components listed above. • Provide written reports at completion of each service.

Program Cost:
2023-2024: $ 52,785.00
2024-2025: $ 53,313.00
Total Program Cost: $106,098.00*
Additional Considerations:

Maintenance Renewal2025-2026: $ 53,844.00
2026-2027: $ 54,380.00
2027-2028: $ 54,924.00
Total Maintenance Renewal: $163,148.00**
#8..
- 166 -

Note:
• *Pricing does not include belts for air handlers, or additional money that may be needed to perform repairs beyond scope of provided check sheets.
• **Acceptance of years 3-5 pending agreement by both parties. • Year 2023-2024 to be billed in 12 equal monthly payments of $4,398.75 • Year 2024-2025 to be billed in 12 equal monthly payments of $4,442.75 • Year 2025-2026 to be billed in 12 equal monthly payments of $4,487.00 • Year 2026-2027 to be billed in 12 equal monthly payments of $4,532.00 • Year 2027-2028 to be billed in 12 equal monthly payments of $4,577.00 Thank you for the opportunity to provide this proposal, we look forward to working with you on this project! Respectfully,
American Chiller Service, Inc. Approved By:
____________________________
Kyle Ferguson Modesto Centre Plaza
#8..
- 167 -

American Chiller Service, Inc.

TERMS & CONDITIONS

1. This Standard Service Proposal or Maintenance Agreement (hereinafter sometimes referenced as “Agreement”), upon acceptance by the Customer, is made solely on the terms and conditions hereof, notwithstanding any additional or conflicting conditions that may be contained in any purchase order or other form of Customer, all of which additional or conflicting terms and conditions are hereby rejected by American Chiller Service. Further, you acknowledge and agree that any purchase order issued by you in accordance with this Agreement will only establish payment authority for your internal accounting purposes. Any such purchase order will not be considered by us to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No waiver, alteration or modification of the terms and conditions herein shall be valid unless made in writing and signed by an authorized representative of American Chiller Service.

2. This Maintenance Agreement or Standard Service Proposal is subject to acceptance by the Customer within 30 days from date shown on the quote, unless specified otherwise. Prices quoted are for services, labor, and material as specified in this Proposal. If acceptance of this Maintenance Agreement or Standard Service Proposal is delayed or modified, prices are subject to adjustment.

3. Terms of payment are subject at all times to prior approval of American Chiller Service’s credit department. Terms of payment are net 30 days upon receipt of invoice unless previously otherwise agreed in writing. Should payment become more than 30 days delinquent, American Chiller Service may stop all work under this Agreement or terminate this Agreement with five (5) days written notice to Customer. American Chiller Service reserves the right to add to any account outstanding more than 30 days interest at 1 ½ per month or the highest rate allowed by law. In the event of default in payment, Customer agrees to pay all costs of collection incurred by American Chiller Service including, but not limited to, collection agency fees, attorney fees and court costs. Additional services may be performed upon request at a price to be determined, subject to these Terms and Conditions.

4. In the event that American Chiller Service determines, during the first thirty (30) days of any Maintenance Agreement or upon seasonal start-up (discovery period) that any equipment covered under this Agreement in need of repair and/or replacement, American Chiller Service shall inform Customer of the equipment condition and remedy. American Chiller Service shall not be responsible for the present or future repair and/or replacement or operability of any specific equipment; until such time as the equipment is brought up to an acceptable condition or the Customer removes the unacceptable system(s), component(s), or part(s) from this contract.

5. Any Maintenance Agreement price is subject to adjustment once each calendar year, effective on the anniversary date, for changes in labor, subcontractor and material costs. The customer shall receive forty-five (45) days prior written notice of such adjustment unless specifically excluded otherwise in writing.

6. A Maintenance Agreement may be terminated: (i) by either party upon the anniversary date hereof; provided however, that written notice of such termination must be given to the non-terminating party at least thirty (30) days prior to the anniversary date; (ii) by American Chiller Service upon five (5) days prior written notice to Customer, in the event that any sums or monies due or payable pursuant to this Agreement are not paid when due or in the event that additions, alterations, repairs or adjustments are made to the system or equipment without American Chiller Service’s prior approval; (iii) by either party, in the event that the other party commits any other material breach of this Agreement and such breach remains uncured for ten (10) business days, after written notice thereof. If a Maintenance Agreement is terminated for any reason, other than a material breach by American Chiller Service, Customer shall pay, in addition to all sums currently due and owing, the entire remaining balance due for the term of the Maintenance Agreement, or an amount equal to time and materials expended for the year, whichever is less. Notices required hereunder shall be sent via Certified U.S. Mail, Return Receipt Requested and provided that such notice is postmarked by the required date, such notice shall be deemed properly given.

7. Unless Customer provides appropriate documentation of tax exemption, Customer shall pay American Chiller Service, in addition to the contract price, the amount of all excise, sales, use, privilege, occupation or other similar taxes imposed by the United States Government or any other National, State or Local Government, which American Chiller Service is required to pay in connection with the services or materials furnished hereunder. Customer shall promptly pay invoices within 30 days of receipt. Should payment become more than 30 days delinquent, American Chiller Service may stop all work under this Agreement or terminate this Agreement as provided in the next paragraph.

8. Any and all costs, fees and expenses arising from or incurred in anticipation of any federal, state, county, local or administrative statute, law, #8..
- 168 -

9. The contract price stated herein is predicated on the fact that all work will be done during regular working hours of regular working days unless otherwise specified. If for any reason Customer requests that work be performed other than during regular working hours or outside the scope of services specified hereunder, Customer agrees to pay American Chiller Service any additional charges arising from such additional services, including but not limited to premium pay, special freight or other fees or costs associated therewith.

10. Customer shall be responsible for all costs, expenses, damages, fines, penalties, claims and liabilities associated with or incurred in connection with any hazardous materials or substances, including but not limited to asbestos, upon, beneath, about or inside Customer’s equipment or property.

Title to, ownership of, and legal responsibility and liability for any and all such hazardous materials or substances, shall at all times remain with Customer. Customer shall be responsible for the removal, handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations. Customer shall defend, indemnify, reimburse and hold harmless American Chiller Service and its officers, directors, agents, and employees from and against any and all claims, damages, costs, expenses, liabilities, actions, suits, fines and penalties (including without limitation, attorneys’ fees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or fees and expenses) suffered or incurred by any such indemnified parties, based upon, arising out of or in any way relating to exposure to, handling of, or disposal of any hazardous materials or substances, including but not limited to asbestos, in connection with the services performed hereunder. American Chiller Service shall have the right to suspend its work at no penalty to American Chiller Service until such products or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted. American Chiller Service reserves the right to engage others in a subcontractor status to perform the work hereunder.

11. Customer agrees to provide American Chiller Service personnel with the usual required utilities (water, electricity, compressed air, etc.) and special tools and equipment normally used for such services unless restricted specifically in the quote. Customer agrees to ensure that sufficient service access space is provided. American Chiller Service shall not be held liable for failure or damage to any equipment caused by power interruptions, single phasing, phase reversal, low voltage, or other deficiencies beyond the control of American Chiller Service.

12. This agreement does not include responsibility for design of the system (unless specifically included), obsolescence, electrical power failures, low voltage, burned-out main or branch fuses, low water pressure, vandalism, misuse or abuse of the system(s) by others (including the Customer), negligence of the system by others (including the Customer), failure of the Customer to properly operate the system(s), or other causes beyond the control of American Chiller Service.

13. In the event that American Chiller Service is required to make any repairs and/or replacements or emergency calls occasioned by the improper operation of the equipment covered hereby, or any cause beyond American Chiller Service’s control, Customer shall pay American Chiller Service for the charges incurred in making such repairs and/or replacements or emergency calls in accordance with the current established American Chiller Service rates for performing such services.

14. American Chiller Service shall not in any event be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any Governmental Authority or of Customer, riot, war, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or equipment from usual sources, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. If the materials or equipment included in this Proposal become temporarily or permanently unavailable for reasons beyond the control of American Chiller Service, American Chiller Service shall be excused from furnishing said materials or equipment and be reimbursed for the difference between cost of materials or equipment unavailable and the cost of an available reasonable substitute.

15. AMERICAN CHILLER SERVICE SHALL NOT IN ANY EVENT BY LIABLE TO THE CUSTOMER OR TO THIRD PARTIES FOR ANY

INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PRODUCTION, LOSS #8..
- 169 -

OF USE OR LOSS OF PROFITS OR REVENUE ARISING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO ANY DELAY, ACT, ERROR OR OMISSION OF AMERICAN CHILLER SERVICE. IN NO EVENT WILL AMERI CAN CHILLER SERVICE’S

LIABILITY FOR DIRECT OR COMPENSATORY DAMAGES EXCEED TWO TIMES THE PAYMENT RECEIVED BY AMERICAN CHILLER SERVICE FROM CUSTOMER UNDER THE INSTANT AGREEMENT.

16. American Chiller Service extends the manufacturer’s warranties on all parts and materials and warrants labor to meet industry standards for a period of thirty (30) days from the date performed, unless a longer duration is expressly stated elsewhere in this Agreement. American Chiller Service expressly limits its warranty on Customer’s Equipment to cover only that portion of Equipment which had specific service work done by American Chiller Service. These warranties do not extend to any Equipment or service which has been repaired by others, abused, altered, or misused, or which has not been properly maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR SPECIFIC PURPOSE, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.

17. Each of us agrees that we are responsible for any injury, loss, or damage caused by any negligence or deliberate misconduct of our employees or employees of our subcontractors. If any of our employees or those of our subcontractors, cause any injury, loss or damage in connection with performing their duties under this agreement, the responsible party will pay for all costs, damages, and expenses, which arise. Each of us agrees to defend and hold harmless the other party, its officers, directors and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and court costs, arising out of or resulting from the performance of work hereunder, to the extent that such claim, damage, loss, or expense is caused by an active or passive act or omission of the indemnifying party or anyone directly or indirectly employed by that party, or anyone for whose acts that party may be liable.

18. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors, assigns and affiliates. This Agreement is governed by and construed in accordance with the laws of the State of California. #8..
- 170 -
#8..
- 171 -
3/28/2023
#8..
- 172 -
#8..
- 173 -
#8..
- 174 -
#8..
- 175 -
#8..
- 176 -
#8..
- 177 -
#8..
- 178 -
#8..
- 179 -
#8..
- 180 -
#8..
- 181 -
#8..
- 182 -
#8..
- 183 -
#8..
- 184 -
#8..
- 185 -
#8..
- 186 -
#8..
- 187 -
#8..
- 188 -
#8..
- 189 -
#8..
- 190 -
#8..
- 191 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Electric Vehicle Charging Station Grant Submittal Authorization CONTACT: Patrick Crowley, Facilities Manager, [email protected], 209-342-2274 DESCRIPTION:

Consider authorizing staff to apply for all Electric Vehicle Charging Station Grants. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:

Economic Vitality: “retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation; Goal E: “drive the success of a vibrant and economically sustainable business climate”.

BACKGROUND:

In 2020, Governor Newsom’s Executive Order N-79-20 mandated that all new passenger vehicles sold in California be zero-emission vehicles by the year 2035. The Advanced Clean Cars II regulations were adopted in 2022, imposing the next level of low-emission and zeroemission vehicle standards for model years 2026-2035 that contribute to meeting federal ambient air quality ozone standards and California’s carbon neutrality targets. The Advanced Clean Cars II regulations will rapidly scale down emissions of light-duty passenger cars, pickup trucks and SUVs starting with the 2026 model year through 2035.1 The Advanced Clean Cars II regulations are two-pronged. First, they amend the Zero-Emission Vehicle Regulation to require an increasing number of zero-emission vehicles, and relies on currently available advanced vehicle technologies, including battery-electric, hydrogen fuel cell electric and plug-in hybrid electric-vehicles, to meet air quality and climate change emissions standards. Second, the Low-Emission Vehicle Regulations were amended to include increasingly stringent standards for gasoline cars and heavier passenger trucks to continue to reduce smog-forming emissions. In January 2023, the California Energy Commission 1 California Air Resources Board, https://ww2.arb.ca.gov/our-work/programs/advanced-clean-carsprogram/advanced-clean-cars-ii #9..
- 192 -
City Council, June 13, 2023
Electric Vehicle Charging Station Grant Submittal Authorization

Page 2 of 3 ends

2announced that 18.8% of all cars sold in California in 2022 were zero-emission vehicles (ZEVs). Stanislaus County shows cumulative sales of over 5,000 light-duty ZEVs through 2022, with close to 12% of those vehicles being sold in in 2022.

The Stanislaus Council of Governments (StanCOG) 3 produced a report in 2022 stating that the number of electric vehicles in our county is expected to increase dramatically in the next 15 years, with projections ranging from 60,000 to more than 180,000 EVs by 2035. To support 60,000 EV drivers (the low end of projection for 2035), nearly 5,000 workplace Level 2 chargers, 3,000 public Level 2 chargers, and 500 direct current fast chargers will be needed. At the high end of the EV projection, more than 20,000 workplace and public Level 2 chargers and more than 1,000 DC fast chargers would be needed. The StanCOG report also recommended that the first priority location for public charging stations would be the downtown parking garages at 9 th Street or 10th Street, followed by parking lots at selected shopping and medical centers.

DISCUSSION:

There are a variety of potential grant opportunities that would assist in funding the infrastructure needs for the implementation of public and fleet electric charging stations to meet the anticipated demands laid out within StanCOG’s report and anticipated through the State of California’s projected modelling, to meet the demands required for the zero-emissions vehicle mandate by 2035.

Potential federal funding, as well as state, air quality district, and utility provider funding opportunities, typically have very brief submission timelines. The approval to submit applications will position the City to be eligible to receive these funding options and provide critical monetary resources to implement public and fleet charging stations to accommodate the conversion to all electric vehicles for general use and City needs. This will also align the City with local, state, and federal requirements for reducing carbon emissions, improving air quality, and ensuring access to electric vehicle resources.4
FISCAL IMPACT:

Submitting a grant application does not commit the City to any financial obligations as this item is an administrative action.

Staff will submit to Council any grant awards that have matching fund requirements or exceed $100,000 in funding.

COMMITTEE RECOMMENDATION:

This item was heard by the Economic Development Committee on May 1, 2023 and was recommended for forwarding to Council for approval.
2 California Energy Commission, New ZEV Sales in California, January 2023; https://www.energy.ca.gov/datareports/energy-almanac/zero-emission-vehicle-and-infrastructure-statistics/new-zev-sales 3 Stanislaus Council of Governments, Electric Vehicle Infrastructure Study, March 2022; https://www.stancog.org/181/Electric-Vehicle-Infrastructure-Study 4 U.S. Department of Energy, Alternative Fuels Data Center, https://afdc.energy.gov/fuels/laws/ELEC?state=CA #9..
- 193 -
City Council, June 13, 2023
Electric Vehicle Charging Station Grant Submittal Authorization

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving staff to apply for all Electric Vehicle Charging Station Grants available and authorizing the City Manager, or his designee, to sign and execute Grant Applications and related documents.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#9..
- 194 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2023–XX

RESOLUTION APPROVING STAFF TO APPLY FOR ALL ELECTRIC VEHICLE

CHARGING STATION GRANTS AVAILABLE AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO SIGN AND EXECUTE GRANT APPLICATIONS

AND RELATED DOCUMENTS
WHEREAS, in 2020, Governor Newsom’s Executive Order N-79-20 mandated that all new passenger vehicles sold in California be zero-emission vehicles by the year 2035. The Advanced Clean Cars II regulations were adopted in 2022, imposing the next level of lowemission and zero-emission vehicle standards for model years 2026-2035 that contribute to meeting federal ambient air quality ozone standards and California’s carbon neutrality targets; and
WHEREAS, the Advanced Clean Cars II regulations will rapidly scale down emissions of light-duty passenger cars, pickup trucks and SUVs starting with the 2026 model year through 2035; and
WHEREAS, the Advanced Clean Cars II regulations are two-pronged. First, they amend the Zero-Emission Vehicle Regulation to require an increasing number of zero-emission vehicles, and relies on currently available advanced vehicle technologies, including batteryelectric, hydrogen fuel cell electric and plug-in hybrid electric-vehicles, to meet air quality and climate change emissions standards; and
WHEREAS, second, the Low-Emission Vehicle Regulations were amended to include increasingly stringent standards for gasoline cars and heavier passenger trucks to continue to reduce smog-forming emissions; and
WHEREAS, the Stanislaus Council of Governments (StanCOG) produced a report in 2022 stating that the number of electric vehicles in our county is expected to increase #9..
- 195 -
dramatically in the next 15 years, with projections ranging from 60,000 to more than 180,000 EVs by 2035. To support 60,000 EV drivers (the low end of projection for 2035), nearly 5,000 workplace Level 2 chargers, 3,000 public Level 2 chargers, and 500 direct current fast chargers will be needed. At the high end of the EV projection, more than 20,000 workplace and public Level 2 chargers and more than 1,000 DC fast chargers would be needed; and WHEREAS, the StanCOG report also recommended that the first priority location for public charging stations would be the downtown parking garages at 9th Street or 10th Street, followed by parking lots at selected shopping and medical centers.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby consider authorizing staff to apply for all Electric Vehicle Charging Station Grants available.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to sign and execute grant applications and related documents. #9..
- 196 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
#9..
- 197 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 12, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorize Staff to apply for the United States Department of Agriculture – Composting and Food Waste Grant Program
CONTACT: Rosene Salmo, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program. (Funding Source: Solid Waste Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”, Strategy 6:

Motivate and encourage staff and community members to identify and mitigate blight issues; and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities”, Strategy 3: Evaluate current waste removal and city beautification policies and procedures.

BACKGROUND:

The U.S. Department of Agriculture (USDA) announced availability of up to $9.5 million for Compost and Food Waste Reduction (CFWR) pilot projects for fiscal year 2023. The cooperative agreements support projects that develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans. Implementation activities will increase access to compost for agricultural producers, improve soil quality and encourage innovative, scalable waste management plans that reduce and divert food waste from landfills1. Matching component is 25% of the total awarded grant. Cost sharing may be achieved with contributions of cash, services, materials, equipment, or third-party in-kind contributions. 1 https://www.usda.gov/topics/urban/coop-agreements
#10..
- 198 -
City Council, June 13, 2023
Authorize Staff to apply for the United States Department of Agriculture – Composting and Food Waste Grant Program

Page 2 of 3 ends

DISCUSSION:

Landfilling of organic waste is a major source of methane pollution in California, a greenhouse gas 20 times more potent than carbon dioxide. Organic waste includes edible food, which could be used to feed the 9.2 million Californians who were food insecure in 2020 if diverted from landfill.

Under Senate Bill (SB) 1383, the Department of Resources Recycling and Recovery (CalRecycle) requires local jurisdictions implement an excess food recovery program that connects producers with recovery organizations and monitor the recovered amount.

Staff recommends the Solid Waste Division apply for the USDA grant to further develop relationships between the City and local food recovery agencies so they are better prepared for the influx of edible food they will receive under SB 1383. These actions qualify as grant funded activity as they seek to expand existing infrastructure that will combat climate change and build a collaborative that represents the priorities of the City, local food recovery organizations, and local excess food producers.

The following major goals would be included in the grant application:
 Expanding the capacity of local food banks and donation sites for perishable food  Reducing emissions associated with transporting, collecting, and distributing food from producer to donation sites to consumers
 Bridging connections between producers and donation sites to ensure food is collected and recovered
 Providing education and resources for required donors  Expanding methods for large scale distribution of recovered food, through home drop offs or alternative pickup locations
 Increase access to compost for agricultural producers and regional customers FISCAL IMPACT:

Applying for this USDA grant does not commit the City to a financial obligation or to accept the grant, if awarded. This item is administrative in nature and has no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was presented to Finance Committee on May 22, 2023, and the Committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program, and authorizing the City Manager, or his designee, to sign grant applications and related documents. #10..
- 199 -
City Council, June 13, 2023
Authorize Staff to apply for the United States Department of Agriculture – Composting and Food Waste Grant Program

Page 3 of 3 ends

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#10..
- 200 -
\ -1-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATION(S) TO

THE UNITED STATES DEPARTMENT OF AGRICULTURE COMPOSTING

AND FOOD WASTE GRANT PROGRAM, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO SIGN GRANT APPLICATIONS AND

RELATED DOCUMENTS
WHEREAS, the U.S. Department of Agriculture (USDA) announced availability of up to $9.5 million for Compost and Food Waste Reduction (CFWR) pilot projects for fiscal year 2023; and
WHEREAS, the cooperative agreements support projects that develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans; and
WHEREAS, implementation activities will increase access to compost for agricultural producers, improve soil quality and encourage innovative, scalable waste management plans that reduce and divert food waste from landfills; and WHEREAS, the City of Modesto intends to submit an application proposing the expansion of existing programs that divert waste from landfill, reducing the emissions from breakdown of organic waste and preserving limited landfill space in California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes staff to apply for all United States Department of Agriculture (USDA) Grant Program grants available.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to sign grant applications and related documents. #10..
- 201 -
\ -2-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th 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
#10..
- 202 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 13, 2023
Date: May 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Prequalified Engineering Consultant Lists - Water, Wastewater and Storm Drain CONTACT: Cristian C. Ciotau, Sr. Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider approving Prequalified Engineering Consultant Lists for Water, Wastewater, and Storm Drain for various Capital Improvement Projects for a period of three years, with two oneyear extensions options. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

There are a number of Capital Improvement Program (CIP) projects that may require outside consultant services for efficient project delivery. Retaining a prequalified list of consultants allows the Utilities Department to have accelerated access to specific water, wastewater, and storm drain engineering services when necessary. This will eliminate the need to send out repetitive Requests for Qualifications (RFQ) for projects of similar scope, thereby saving staff time and project costs.

The current lists for prequalified water, wastewater and storm drain engineering services expire on April 28, 2023.

DISCUSSION:

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirements.

Furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, which is in compliance with State of California Government Code, Section 4526-4529, #11..
- 203 -
City Council, June 13, 2023
Prequalified Engineering Consultant Lists - Water, Wastewater and Storm Drain

Page 2 of 3 ends

Modesto City CouncilJune 13, 2023

Modesto City Council
June 13, 2023