Agenda packet — Finance Committee, August 21, 2023 (part 3 of 6)

DISCUSSION:

On December 19, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for janitorial supplies. On April 11, 2023 the Purchasing Division issued Invitation for Bids (IFB) #2223-46 for the janitorial supplies on the City’s PlanetBids public bidding website under the specified commodity code.1 Prospective bidders were notified online and via email of the bid opportunity. Forty-Five (45) companies downloaded the IFB document from PlanetBids.

On May 23, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Seven (7) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the janitorial supplies to Central Sanitary Supply dba Brady IFS, Las Vegas, NV for two years with three one-year extension options, for an estimated annual amount of $147,000 and a total amount not to exceed $733,326 over five years. Additionally, Brady IFS has a local storefront located within the City of Modesto and was the only bidder to provide a bid response for all items.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid janitorial supplies to Central Sanitary Supply dba Brady IFS, Las Vegas, NV.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2023-24 and will be budgeted for future years through the term of this agreement, to cover the cost for these janitorial supplies across City departments.

Below is a five-year spending history for janitorial supplies:

Fiscal Year Amount
18-19 $ 80,425
19-20 $ 131,680
20-21 $ 92,246
21-22 $ 68,345
22-23 $ 93,965
Total $ 466,661
The agreement will include an annual increase on the Consumer Price Index for the West Region.

Based on the current annual spending with various programs increasing from Measure H, it is anticipated the annual average spending will be $147,000 annually with increases estimated due to inflation and supply demands ranging from 5-8% for an overall not to exceed an amount of $733,326.

Year 1 Year 2 Year 3 Year 4 Year 5 Total
$ 125,000 $ 135,000 $ 145,800 $ 157,464 $ 170,062 $ 733,326 1 Commodity Code: 48500 Janitorial Supplies
#3..
- 365 -
Finance Committee, August 21, 2023
Janitorial Supplies Agreement

Page 3 of 3 ends

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Purchasing Agreement for Janitorial Supplies to Central Sanitary Supply dba Brady IFS, Las Vegas, NV for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $147,000 and a total amount not to exceed $733,326 over five years and forwarding to Council for approval.

Approved by:

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

1. Agreement

2. Exhibit A – City IFB 2223-46

3. Exhibit B- Brady IFB Bid

4. Cost Abstract
#3..
- 366 -
ANNUAL PURCHASE AGREEMENT – JANITORIAL SUPPLIES
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 BRADY IFS, LAS VEGAS, NV a LIMITED LIABLITY COMPANY, registered in Delaware hereinafter called VENDOR,
W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution
No.________authorizing the Award of Bid and agreement for the janitorial supplies described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the JANITOARIAL SUPPLIES as described in IFB 2223-46, attached hereto as Exhibit “C” and made a part hereof, and

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.

Year one: SEPTEMBER 13, 2023 THROUGH SEPTEMBER 12, 2024 Year two: SEPTEMBER 13, 2024 THROUGH SEPTEMBER 12, 2025 #3..
- 367 -
Year three: SEPTEMBER 13, 2025 THROUGH SEPTEMBER 12, 2026 Year four: SEPTEMBER 13, 2026 THROUGH SEPTEMBER 12, 2027 Year five: SEPTEMBER 13, 2027 THROUGH SEPTEMBER 12, 2028

2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $147,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $733,326.

B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first year of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12-month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

VENDOR will be paid by CITY via the following payment method Net 30 terms via CITY’s ePay Program.

6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.

7. TERMINATION:

A. 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 30 days after receipt of notification, the breaching party shall #3..
- 368 -
correct any non-performance to the reasonable satisfaction of the non-breaching party.

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.
#3..
- 369 -

12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and 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 VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’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 for VENDOR to procure and maintain a policy of insurance VENDOR.

16. GOVERNING LAW: 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, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE: 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.
#3..
- 370 -

18. 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.

19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

20. 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: BRADYIFS
7055 Lindell Rd.

Las Vegas, NV 89118
David Martini
(209) 523-3002
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Attn: Michelle Tapley
Email – [email protected]
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.
#3..
- 371 -

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.

24. 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.

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 VENDOR has caused this Agreement to be duly executed.
#3..
- 372 -
1 INVITATION FOR BIDS (“IFB”) NO. 2223-46
FOR

JANITORIAL SUPPLIES
BID OPENING: MAY 23, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: MICHELLE TAPLEY, SENIOR BUYER
E-MAIL ADDRESS: [email protected]
#3..
- 373 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
2 Table of Contents PAGE
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CONTACT.................................................................................................................................................. 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 A. BID SUBMITTAL....................................................................................................................... 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS:.................................................. 7 F. COMPLETE BID DOCUMENT: ................................................................................................ 7 G. COMPLIANCE/NON-COMPLIANCE:...................................................................................... 8 M. BID PROTEST AND APPEAL PROCEDURES:..................................................................... 10 BID SUBMITTAL CHECKLIST......................................................................................................... 14 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 15 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 18 BID FORM C - PRICING SCHEDULE .............................................................................................. 20 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 37 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 38 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 40 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 42 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 43 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 44 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 45 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 46

1.1 SCOPE OF WORK:........................................................................................................................ 46 #3..
- 374 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Janitorial Supplies equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Finance Department, Citywide Divisions.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, May 23, 2023 at 11:00 A.M., at which time Bids will be opened, read, and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #3..
- 375 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2223-46
BID OPENING DATE: MAY 23, 2023 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET,
SUITE 6600, MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #3..
- 376 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
5 CALENDAR OF EVENTS
Event Date
IFB Issued April 11, 2023
Written Questions Due via Email April 20, 2023
Addendum Issued (if required) April 27, 2023 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, May 23, 2023 Agreement Award Approximately August, 2023

CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #3..
- 377 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, May 23, 2023 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
#3..
- 378 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• Bid Form I - Addenda Acknowledgement Page (if applicable) #3..
- 379 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
8 • Bid Form J – Bidder Warranty Statements
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right #3..
- 380 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
9 to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements 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 the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’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 for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
#3..
- 381 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
10 • Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the #3..
- 382 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
11 Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be #3..
- 383 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
12 permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
#3..
- 384 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
13 e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described
#3..
- 385 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
14 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #3..
- 386 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
15 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents, and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
#3..
- 387 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
16 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
#3..
- 388 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
17 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Requested: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
#3..
- 389 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
18 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
provide only if
#3..
- 390 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
19 available now - - but
not required until any
contract begins):

M. State of California
Contractor License
Number and Expiration
Date (if available):

N. State of California
Department of
Industrial Relations
(DIR) Registration
Number and Expiration
Date (if available):
#3..
- 391 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
20 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Unless otherwise noted “NO SUB”, item descriptions are intended to be descriptive and not restrictive. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

CITY PART # LINE # DESCRIPTION EST
ANNUAL
QTY

UOM UNIT PRICE EXTENDED PRICE
225120
1 CLEANER, AJAX OXYGEN BLEACH
CLEANER 21 OZ CAN 14278 183
CN
$ $
NEW
2 CLEANER, AEROSOL OVEN HEAVY
DUTY FOAMING 20 OZ CLAIRE
824 1
CS
$ $
NEW
3 CLEANER, AEROSOL STAINLESS
STEEL WATER BASED 12 OZ
CLAIRE 844 1
CN
$ $
225340
4 CLEANER, ALL PURPOSE SIMPLE
GREEN, 140 OUNCES 73
GL
$ $
NEW
5 CLEANER, ALL PURPOSE,
NEUTRAL, 1 GAL. BOTTLE VISTA /
ACCLAIM 47
GL
$ $
225320
6 CLEANER, ALL PURPOSE,
NEUTRAL, 5 GAL. CAN VISTA /
ACCLAIM 1
CN
$ $
NEW
7 CLEANER, AND, FAST ORANGE W
PUMICE 7.5OZ #25108 1
TUBE
$ $
NEW
8 CLEANER, ASSURANCE 1 GAL,
HILLYARD HIL0015306 1
GAL
$ $
226200
9 CLEANER, BLEACH, LIQUID 6%
PURE BRIGHT 210502 488
GAL
$ $
NEW
10 CLEANER, BLOC-AID DRAIN &
SEWER OPENER QUART SP-7380 1
BTL
$ $
220400
11 CLEANER, BORAX, POWDER, 5 LB
BOX DIAL CORP. #02303 NO SUB 1
BX
$ $
NEW
12 CLEANER, CARPET CONCENTRATE
"PROCYON EXTREME" 2
GAL
$ $
NEW
13 CLEANER, CASCADE GEL LEMON
SCENT 4/120 OZ PGC28193 1
CS
$ $
226205 14

CLEANER, CLEAN BY PEROXY
SPARTAN 0035-04 1
GAL $ $
#3..
- 392 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
21 NEW
15 CLEANER, CREME CLEAN 1 QT
HILYARD HIL0010604 10
QUART
$ $
NEW
16 CLEANER, DELIMER SPARCLEAN
SPARTAN 765504 1
GAL
$ $
NEW
17 CLEANER, DEVASTATOR STRIPPER
1 GAL HILLYARD HIL0014706 1
GAL
$ $
NEW 18

CLEANER, DRAIN BLOC-AID
SPARTAN 738003 12 QT $ $
NEW
19 CLEANER, DRAIN MAINTAINER
"PUSH" 1GAL BETCO 1330400 1
GAL
$ $
NEW
20 CLEANER, ENVIROX GREEN
CERTIFIED H2ORANGE2 1 GAL
ENVIROX H-11006 1
GAL
$ $
NEW
21 CLEANER, EXTRA STRENGTH CSP
CLEANER 1 GAL HILLYARD
HIL0012506 1
GAL
$ $
NEW
22 CLEANER, FABULOSO ALL
PURPOSE LAVENDER SCENT 1 GAL
04307 12
GAL
$ $
220140
23 CLEANER, FAST ORANGE
W/PUMICE/WALL #25219, GL
UNIT 1
GL
$ $
NEW
24 CLEANER, FOAMING GERMICIDAL
QUART HILYARD 0101904 1
BTL
$ $
NEW
25 CLEANER, GERMICIDAL BOWL,
SPARTAN 1 QT HILLYARD
HIL0010204 1
EA
$ $
NEW
26 CLEANER, GLASS & SURFACE
CONCENTRATED 1 GAL MAINTEX
181804 1
GAL
$ $
NEW
27 CLEANER, GLASS SSS HEAVY DUTY
19 OZ. SMARTJAN 21238 1
CN
$ $
225560
28 CLEANER, GLASS, AEROSAL 19 OZ.

MISTY #124-20 24
CN
$ $
225540
29 CLEANER, GLASS, PREMIX
W/ALCOHOL, 1 GAL. BOTTLE LIST
ALCOHOL PERCENTAGE: 5% 24
GL
$ $
225520
30 CLEANER, GLASS, PREMIX
W/AMMONIA, 1 GAL. BOTTLE LIST
AMMONIA PERCENTAGE: .005% 1
GL
$ $
NEW
31 CLEANER, HARD FLOOR HIL-GLO 1
GAL HILLYARD HIL0053306 1
GAL
$ $
#3..
- 393 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
22 NEW 32

CLEANER, LAVENDAR FABULOSO
GAL LG-04307 12 GAL $ $
NEW
33 CLEANER, LIQUID SWABBY II 1
GAL HILYARD HIL0010406 10
GAL
$ $
NEW
34 CLEANER, MILDEW & STAIN
REMOVER TILEX CLO-35600 1
CS
$ $
NEW
35 CLEANER, NABC NON ACID
CLEANER SPARTAN 749604 12
GAL
$ $
NEW
36 CLEANER, NON-ACID PORCELAIN
TOILET CLEANER GAL VIVA B3303 1
GAL
$ $
NEW
37 CLEANER, PLEDGE LEMON SCENT

AEROSOL SC JOHNSON
SJN301168 1
CS
$ $
NEW
38 CLEANER, STAINLESS STEEL
CLEANER 17 OZ AEROSOL BETCO
B-6523 36
EA
$ $
NEW
39 CLEANER, SUPER SHINE ALL 2.5L
HILLYARD HIL0080825 1
LITER
$ $
NEW
40 CLEANER, TOILET BOWL KLING 32
OZ BETCO 07512-00 1
EA
$ $
226900 41

CLEANER, WHITE DISTILLED
VINEGAR 1 GAL 1
GAL $ $
NEW
42 DEFOAMER, 1 GAL. BOTTLE
HILLYARD #183 / GENLABS 2053 1
GL
$ $
NEW
43 DEGREASER DRUM 55 GAL

EXTREME RAPID TRANSIT
SPARTAN S-301455 1
BBL
$ $
NEW 44
DEGREASER DRUM 55 GAL
SPARTAN SNB-130 1
BBL $ $
NEW
45 DEGREASER, EXTRA HEAVY DUTY,
55 GALLON DRUM HF51/ C1-0057 1
BBL
$ $
217130
46 DEODORIZER, ENZYME
FLORAL/APPLE/CHERRY SCENT 1
GAL 1
GAL
$ $
NEW
47 DEODORIZER, BLOCK URINAL

SCREEN NON PARA W/ BUBBLE
GUM SANITAXE #10005 84
EA
$ $
217100
48 DEODORIZER, BLOCK WIRED, 4
OZ, 12/BX CONTINENTAL #P97
(MUST BE DELIVERED BOXED) 1
BX
$ $
NEW
49 DEODORIZER, AEROSOL, 15
OUNCE CAN, CITRUS SCENTED 1
CN
$ $
#3..
- 394 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
23 NEW
50 DEODORIZER, METERED
CINNAMON SPICE 3400 SHOTS
HOSPECO HOS-07906 1
CN
$ $
NEW
51 DEODORIZER, METERED MANGO
MADNESS 3400 SHOTS HOSPECO
HOS-07917 1
CN
$ $
NEW
52 DEODORIZER, METERED TROPICAL
TRADEWINDS 3400 SHOTS
HOSPECO HOS-07908 10
CN
$ $
NEW
53 DEODORIZER, METERED, 7 OUNCE

CAN, APPLE, CINNAMON SPICE,
CITRUS, OR MANGO SCENTED 84
CN
$ $
NEW
54 DEODORIZER, TOILET BOWL CLIP,
SPICED APPLE ECO-FRESH 24
EA
$ $
220640
55 DETERGENT, POWDERED

LAUNDRY LOW SUDS IRONHORSE
25LB L3521-25 / B-2007-25 1
BX
$ $
NEW
56 DETERGENT, POWDERED

LAUNDRY LOW SUDS IRONHORSE
50LB L3521-50 /B-2007-50, 1
CT
$ $
227240
57 DISINFECTANT SPRAY 15.5OZ
SPRAYPAK 4334104 30
EA
$ $
226210 58
DISINFECTANT, LEMON SCENT 1
GAL.BOTTLE 1
GL $ $
NEW
59 DISINFECTANT, LYSOL, AEROSOL,
SUBS MUST HAVE MINIMUM 64%

ETHYL-ALCOHOL, LIST
PERCENTAGE ETHYL ALCOHOL:
65%, NOTE OZ/CAN: 15.5 OZ 1
CN
$ $
227100 60
DISINFECTANT, PINE SCENT 1
GAL.BOTTLE 8
GL $ $
NEW
61 DISINFECTANT/DETERGENT/ODOR
COUNTERACTANT 1 GAL BTL

MUST BE EPA REGISTERED TO KILL
HIV VIRUS. AIRKEN #A33 /
GENALBS #1151 LIST OZ

REQUIRED PER/GAL/WATER TO
KILL HIV1-VIRUS: 2 OZ 109
GL
$ $
NEW
62 FINISH, FLOOR POLISH EXPLORER
1 GAL HILLYARD HIL0053406 13
GAL
$ $
NEW
63 FINISH, FLOOR RESTORER HR 2000
32 OZ HILLYARD HIL0053804 1
BTL
$ $
#3..
- 395 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
24 NEW
64 FINISH, FLOOR TOP SHAPE 1 GAL
HILLYARD HIL0052206 1
GAL
$ $
NEW
65 FINISH, FLOOR TOP SHAPE 5 GAL
HILLYARD HIL0052207 1
EA
$ $
NEW
66 FINISH, FLOOR WAX ENDEAVOR 5
GAL HILLYARD HIL0052207 1
GAL
$ $
NEW
67 FRESHENER, CONTINUOUS AIR,
CITRUS SCOTT 91067 1
EA
$ $
NEW
68 FRESHENER, CONTINUOUS AIR,
OCEAN AIR SCOTT 91072 1
EA
$ $
NEW
69 FRESHENER, LIQUID ENZYME 1
GAL HILLYARD HIL0047006 7
GAL
$ $
NEW
70 FRESHENER, TAKE DOWN GREEN
APPLE 1 GAL HILLYARD
HIL0046706 1
GAL
$ $
NEW
71 FRESHENER, X-CIDE ODOR KILLER
1 GAL PROS CHOICE 2110 1
GAL
$ $
NEW 72

POLISH, AEROSOL FURNITURE
ENTRAL 19 OZ 12 CN $ $
NEW
73 POLISH, BRASSO METAL POLISH
8OZ RECKITT REC76523 1
CS
$ $
NEW
74 POLISH, STAINLESS STEEL 1 QT
MAINTEX 198732 6
QT
$ $
207710 75
POWDER, ROACH, BORIC ACID, 16
OZ BTL 1
EA $ $
207580 76

PROTECTANT, ARMORALL
ORIGINAL 28OZ 1
BTL $ $
NEW 77
REFILL, 18IN FOR TBAR HILLYARD
HIL50041 4
EA $ $
NEW
78 REFILL, MY FRESH, SEASIDE
BREEZE 6/CS F-0001006M-5 1
BX
$ $
NEW
79 REFILL, SWIFFER 360 DUSTER
6/BOX, 4 BOXES/CASE PROCTOR &
GAMBLE PGC21620CT 12
CS
$ $
NEW 80
REMOVER, GUM 5.5 OZ SPRAY
PAK 433-4107 1
CN $ $
NEW
81 REMOVER, STAIN ORGANIC, PRO'S
CHOICE 32 OZ 1
BTL
$ $
207690
82 REMOVER, VANDALISM GEL TYPE
18 OZ CAN CL-880 OR SW880 1
CN
$ $
NEW 83
RINSE, AID JET DRY 8.45 FL OZ
75713 1
EA $ $
#3..
- 396 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
25 NEW
84 SANITIZER, FOAMING 62% ETHYL
ALCOHOL KUTOL KU-68878 8
EA
$ $
NEW
85 SANITIZER, INSTAFOAM ALCOHOL
FREE DEB 400ML PUMP 12/CS SC
JOHNSON SBS-55818 1
EA
$ $
214240 86
SCREEN, GRIDDLE, 20/PK, 4IN X

5.5 IN 3M #200 1
PK $ $
NEW 87 SCREEN, URINAL COTTON SCENT 1 EA $ $
NEW 88 SCREEN, URINAL MANGO SCENT 75 EA $ $
NEW 89

SCREEN, URINAL SPICED APPLE
SCENT 1
EA $ $
NEW 90
SEAL, BASECOAT II 5 GAL
HILLYARD H-0028872 2
EA $ $
NEW
91 SEALANT, 341 SEALER 1 GAL
HILLYARD HIL0034106 8
GAL
$ $
NEW
92 SEALANT, 341 SEALER 5 GAL
HILLYARD HIL0034107 1
EA
$ $
207735
93 SPRAY INSECT (PEST CONTROL)
BAYER ADVANCED #67724 1
GL
$ $
NEW
94 SPRAY, ALCOHOL 4 OZ PUMP
FIRST AID ONLY M5123 1
EA
$ $
207720
95 SPRAY, INSECT, ANT AND ROACH
SEE CHAMPION #8-5103C-3, SIZE
OZ/CAN 10 OZ 42
CN
$ $
207770 96

SPRAY, WASP OTRHO ONLY, SIZE
OZ/CAN 16 OZ 1
CN $ $
207780
97 SPRAY, WASP SEE CHAMPION #8-
5108C-1 SPECTRACIDE 20OZ
#142133 60
CN
$ $
NEW
98 TRAP, ANT COMBAT INSECTICIDE
HENKEL DIA45901 1
PK
$ $
NEW 99

TRAP, MOUSE EATON STICK-EM
2PK 1
PK $ $
217120 100
SCREEN, URINAL 18X22 ASACDM-P 1
EA $ $
600100 101 WATER, DISTILLED GALLON 6/CS 1 CS $ $
NEW
102
WAX, GYM FINISH LOW VOC 5
GAL HILLYARD H-0028072 2
EA
$ $
200991
103

BRACE, STREET BROOM HEAD
MAGNOLIA #99B NO SUB 1
EA
$ $
#3..
- 397 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
26 200990
104

BROOM HEAD, STREET, ORANGE
POLYBASS PLASTIC 5 ROWS X 5
1/8"" TRIM, 16"" BLOCK LENGTH
FLO-PAC 36111624 1
EA
$ $
201000
105

BROOM HEAD, STREET, ORANGE
POLYPROPYLENE 5"" TRIM, 24""

BLOCK LENGTH WITH BRACE
MAGNOLIA BRUSH #13240
(BROOM) # 99 (BRACE) ONLY
NO SUB 1
EA
$ $
200993
106

BROOM STREET BLUE W/HANDLE
& BRACKET 18"" MAGNOLIA
BRUSH HEAD #6418A / HANDLE
# D-60 /BRACKET #99 NO SUB 1
EA
$ $
200950
107

BROOM, INDUSTRIAL (CORN),

FIVE SEW NATIONAL BROOM
#926Y 30
EA
$ $
200970
108

BROOM, PUSH (HEAD ONLY),

SELF-FLAGGING ACRILIFLO
PLASTIC BRISTLES 3"" TRIM, 24""
WIDE FLOPAC #28-24"" 5
EA
$ $
200995
109
BROOM, 24IN FINE SWEEP
YELLOW BLOCK PUSH BROOM GSBPB24M 1EA
$ $
NEW
110

BROOM, W HANDLE FLAGGED,
ANGLE UNISAN UNS 932A 1
EA
$ $
214030
111
BROOM, WISK 8IN, WITH HANGER
PREMIER 60702 / FLO PAC 633 1
EA
$ $
214020
112

BRUSH, COUNTER, TAMPICO
FIBER 2.5IN TRIM X 8IN LONG,
13IN OAL FLOPAC #259 1
EA
$ $
203300
113
BRUSH, STEEL WIRE 3 X 19 X 1
1/8IN TRIM, W 1.5IN W STEEL
SCRAPER, 14"" CURVED WOOD
HANDLE FLOPAC #1554 1
EA
$ $
214120
114

BRUSH, UTILITY, CRIMPED BLUE
BRISTLES 2IN TRIM, 20IN FOAM

PLASTIC BLOCK HANDLE FLOPAC
#515L 1
EA
$ $
214020
115
BRUSH, COUNTER 8 IN W BLK
POLY BRISTLE CARLISLE 3625803 1
EA
$ $
NEW
116
BRUSH, STEEL WIRE 1/2IN TRIM, X

1.5IN LONG, PLASTIC BLOCK 7.25
OAL 1
EA
$ $
#3..
- 398 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
27 214125 117

BRUSH, TOILET BOWL FLO-PAC
363300 22 EA $ $
NEW 118

BRUSH, TOILET BOWL
RUBBERMAID RM-6310 1
EA $ $
NEW
119

BRUSH, TOILET BOWL TURKS
HEAD, RUBBERMAID RM6320 1
EA
$ $
200920
120
BRUSH, TRUCK WASH, 10"" LONG
HEAD, 2.5"" COPOLYER BRISTLES,

1.5"" RUBBER BUMPER FP-466 1
EA
$ $
NEW 121
FRAME, DUST MOP 5 X 36
GOLDEN STAR FQC36 1
EA $ $
NEW
122
HANDLE 60"" FIBERGLASS GREEN
CARLISLE 4022509 1
EA
$ $
NEW
123
HANDLE, 2.5 IN METAL
THREADED TIP, 60IN LONG X
15/16 DIA. CARLISLE 4526700 5
EA
$ $
200900H
124
HANDLE, MOP, 60IN X 1IN DIA X
7IN W STEEL QUICK RELEASE
CONTINENTAL #772 / PREMIER
40115 1
EA
$ $
200992
125

HANDLE, STREET BROOM HEAD
MAGNOLIA #D-60HDL NO SUB 1
EA
$ $
NEW
126
HANDLE, TAPERED END, 60IN X 1
1/8IN THICK, SOLID WOOD
CARLISLE 4027100 1
EA
$ $
NEW
127
HANDLE, TELESCOPING 34IN,

METAL, PLASTIC OR FIBERGLASS
FLOPAC 36545000 1
EA
$ $
200920H
128

HANDLE, TRUCK BRUSH WITH

2.5"" METAL TIP, HANDLE 72IN X
15/16IN DIA. FLO-PAC 4526800 1
EA
$ $
NEW 129
HOLDER, DOODLEBUG PAD 3.75 X
9 (HEAD 6472) 1
EA $ $
NEW
130

HOLDER, TOILET BOWL BRUSH
RUBBERMAID RM6311 1
EA
$ $
NEW
131

MOP, COMBO BUCKET AND
WRINGER IMPACT WP2635/6000 1EA
$ $
NEW
132
MOP, HEAD DISPOSABLE 5X18
GOLDEN STAR GST-AJU18-ITW 1
CS
$ $
NEW
133
MOP, HEAD DISPOSABLE 5X36
GOLDEN STAR GST-AJU36-ITW 1
EA
$ $
#3..
- 399 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
28 NEW
134

MOP, HEAD WHITE LARGE LOOP
5IN BAND 4 -PLY GOLDEN STAR
ASB5LB 5
EA
$ $
NEW
135

MOP, MED BLUE/WHITE FINISH
WAXER 1.25 IN BAND 4 PLY
GOLDENSTAR AST30BWM 1
EA
$ $
NEW
136
MOP, RED MED BLENDED 1 IN

BAND LOOPED RUBBERMAID
FGD21206RD00 1
EA
$ $
NEW 137

MOP, TOILET BOWL CONTIENTAL
C-790 1
EA $ $
214440
138
MOPHEAD, COTTON ROVE, 24
OZ NATIONAL BROOM #2024 19
EA
$ $
214420
139
MOPHEAD, COTTON ROVE, 16 OZ
NATIONAL BROOM #2016 1
EA
$ $
214460
140
MOPHEAD, COTTON ROVE, 32 OZ
NATIONAL BROOM #2032 9
EA
$ $
214205 141 PAD, UTILITY WHITE 10IN X 4.5IN 24 EA $ $
214220
142
PAD, SCOURING, 6 X 9 3M
SCOTCH BRITE #96 ONLY NO
SUB 52
EA
$ $
NEW
143
PAD, 14X32 RED BUFFING 3M
5100 RECTANGULAR 1
CS
$ $
NEW 144
PAD, 20 IN BLACK ROUND
STRIPPING ACS 72-20 1
EA $ $
NEW
145
PAD, 20 IN RED ROUND BUFFING
ACS 51-20 NILFISK/ADVANCE/3M 1
CS
$ $
NEW 146
PAD, 20 IN WHITE ROUND POLISH
ACS 41-20 1
EA $ $
NEW
147
PAD, REPLACEMENT SET MULTIFLO, APPLICATOR - 1 EA 23IN & 30 IN HILLYARD HIL50162 1
SET
$ $
NEW
148

PAD, SOS STEEL WOOL SOAP
CLOROX CLO-88320 1
BX
$ $
NEW
149
PAD, SURFACE PREP 14X32
MAROON 3M SPP14X32 1
EA
$ $
NEW
150

PAD, UTILITY FOR DOODLE BUG
(BLACK SCRUBBER 3M 8550) 1
EA
$ $
NEW
151

PAD, UTILITY FOR DOODLE BUG
(BLUE SCRUBBER 3M 8242) 1
EA
$ $
NEW
152

PAD, UTILITY FOR DOODLE BUG
(WHITE SCRUBBER 3M 8440) 1
EA
$ $
#3..
- 400 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
29 214040
153
PAN, DUST 16 IN METAL ONLY,
HEAVY DUTY CONTINENTAL #716 9
EA
$ $
NEW 154
PAN, DUST PLASTIC 12 IN
CONTINENTAL 712 1
EA $ $
214140
155
PLUNGER, HEAVY DUTY 18IN
FORCE CUP IMPACT 9200 10
EA
$ $
NEW 156

SPONGE, SCOTCH-BRITE MEDIUM
DUTY C-74 25 EA $ $
752720
157
SQUEEGEE, WINDOW 8 IN W X 20
IN OAL, COMPLETE IMPACT 7458 8
EA
$ $
214230 158
STONE, PUMICE STICK 6INX1-
1/4IN X 3/4IN 5
EA $ $
NEW
159

STRAP, FOR KOALA KARE
CHANGING STATION 885-KIT 1
EA
$ $
245100
160
SWEEP, ABSORBENT, 25 LBS BAG

NO SUB WITHOUT PRIOR
APPROVAL EAGLE PICHER SUPERFINE OR MOLTAN #248 15
BG
$ $
245110 161

SWEEP, FLOOR, STANDARD RED,
50 LB BAG 6
BG $ $
NEW
162

BAG, COMMERCIAL VACUUM
OEM 5300, 86000500, 50015
JANITIZED W-JANWISEN3 5
PK
$ $
NEW
163

BAG, DOG LITTER PICK UP,
200/ROLL, 10 ROLLS PER CASE 1
CS
$ $
NEW
164

BAG, GALLON STORAGE ZIPLOCK
250 CT HILLYARD DRK94602 1
CS
$ $
NEW 165
BAG, POLY 12X18 ZIPPER 2 MIL
CLEAR 100 CT 1
CS $ $
NEW
166

BAG, RECLOSABLE, GALLON SIZE,
10-9/16 X 10-3/4 250/CASE 1
CS
$ $
NEW 167

BAG, RECLOSABLE, QUART SIZE,
7X8 500/CASE 1
CS $ $
NEW
168
LINER, CAN 24X24 8MIC 7 GAL
1000/CS HIDENSITY, INTEPLAST
H242408N 1
CS
$ $
235100
169
LINER, CAN 24X33 6MIC 12-16
GAL CLEAR 1000/CS HIDENSITY,
INTEPLAST 243306N 1
CS
$ $
235200
170
LINER, CAN 33X40 16MIC 33 GAL
CLEAR 250/CS HIDENSITY,
INTEPLAST 334016N 1
CS
$ $
#3..
- 401 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
30 235500
171
LINER, CAN 36X58 2.0 MIL 55

GAL BLACK HEAVY DUTY TEAR
RESISTANT 100/CS 342
CS
$ $
NEW
172
LINER, CAN 40X48 16 MIC 45 GAL
250/CS HIGHDENSITY INTEPLAST
404816N 1
CS
$ $
NEW
173
LINER, CAN 43X48 16 MIC 56 GAL
HIDENSITY 200/CS INTEPLAST
434816N 1
CS
$ $
235600
174
LINER, CAN 48X50 1.7 MIL 55

GAL BLACK HEAVY DUTY TEAR
RESISTANT 100/CS 6
CS
$ $
NEW
175

LINER, SANITARY FOR KOALA
CHANGING TABLE, ITEM KB150-
99 1
CS
$ $
240550
176

LINER, SANITARY WALL PAPER
RECEPTACLE KL-260 1
CS
$ $
240500
177
COVER, TOILET SEAT WHITE ½
FOLD 250/PK 5000 /CS,

RUCHESTER MIDLAND SHIELDOR
50RA 2103, GP 47046 10
CS
$ $
NEW
178
CUP, PAPER HOT 12 OZ 50/PK
1000/CS ITEM IMEX 49028 1
CS
$ $
250210
179
CUP, PAPER HOT 16 OZ 1000/CS
EMPRESS EHC-16 10
CS
$ $
250340
180

CUP, PLASTIC COLD,
TRANSLUCENT, 16OZ, 50/PKG
1000/CS DART PC-P16 1
CS
$ $
250300
181

CUP, PLASTIC COLD,
TRANSLUCENT, 7OZ 100/PK
2000/CS, DART 7N25 4
CS
$ $
NEW
182
DISPENSER METERED DIGITAL 7-
30 MIN INTERVAL IMPACT 326 3
EA
$ $
NEW
183

DISPENSER, TOWEL MULTIFOLD
STAINLESS BOBRICK B-262 1
EA
$ $
NEW
184
DISPENSER, CLEARVU SOAP 30 OZ.

IMPACT 9330/269330 1
EA
$ $
NEW 185

DISPENSER, CONTINUOUS AIR
SCOTT 92620 1
EA $ $
NEW
186

DISPENSER, FOAMCLEAN GRAY
DEB PROLINE SBS-91106 1
EA
$ $
NEW
187

DISPENSER, HARD ROLL TOWEL
HANDS FREE SMOKE KC-09990 1
EA
$ $
#3..
- 402 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
31 220320-DISP
188
DISPENSER, LOTION SOAP, 50 OZ
IMPACT SERIES 9350 NO SUB 1
EA
$ $
NEW
189

DISPENSER, MY FRESH WHITE,
MOTION AIR FRESHENER 6/CS F0001006M 1CS
$ $
NEW 190

DISPENSER, S/S LIQUID SOAP
BOBRICK 2111 1
EA $ $
NEW
191
DISPENSER, SEAT COVER 1/2 FOLD
SMOKE FACE PALMER TS014201 1
EA
$ $
NEW
192

DISPENSER, TOILET PAPER

DOUBLE ROLL CHROME IMPACT
2501 1
EA
$ $
NEW
193

DISPENSER, TOILET PAPER

DOUBLE ROLL STAINLESS BOBRICK
B-2888 1
EA
$ $
NEW
194

DISPENSER, WHITE METAL

MULTIFOLD TOWEL IMPACT
56601 OR CW-990 1
EA
$ $
NEW
195

DISPENSER, WYPALL JUMBO ROLL,
PORTABLE FREE STANDING KC80596 1EA
$ $
NEW
196

SOAP, HANDWASH FOAMING
GOJO CLEAR & MILD 1200ML 2/CS 24
EA
$ $
NEW
197

SOAP, HANDWASH GOJO
POMEBERRY FOAM 1200 ML
REFILL 2/CS GOJ191602 20
CS
$ $
214360
198
PUMP, FOR 1 GAL BOTTLE 12.5IN
OAL CONTINENTAL #9 1
EA
$ $
240090 199
RAG, COLORED T-SHIRT 25 LB
HOSPECO 135-25 23 BX $ $
240700
200
RAG, WIPING, 16IN X 25 IN, 25 LB

BALE NET WIEIGHT MATERIAL,
SWEAT SHIRT MATERIAL ONLY. 21
BX
$ $
220360
201
SOAP, LAVA WHITE, 4 OUNCES
PROCTOR GAMBLE #08152 NO
SUB 1
EA
$ $
NEW
202

SOAP, ANTIBACTERIAL W
TRICLOSAN 1000ML PUMP KUTOL
KU-65036 1
EA
$ $
NEW
203
SOAP, BAR DOVE MEN + CARE
EXTRA FRESH 48/CASE 3.17 OZ
CS
$ $
220380
204

SOAP, BAR ZEST ORIGINAL
48/CASE 3.17 / 3.20 OZ 1
EA
$ $
#3..
- 403 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
32 NEW
205

SOAP, CLEAR PREMIUM
ANTIMICROBIAL ORGANIC 1 GAL
H2129 46
GAL
$ $
NEW
206
SOAP, FOAMING E-2

ANTIBACTERIAL/ANTIMICROBIAL
1 GAL MANDARIN CRANBERRY
SCENT 1
EA
$ $
NEW
207

SOAP, GOLDEN TOUCH

ANTIBACTERIAL BENZ-CHLORIDE
.13% 1 GAL 1
GAL
$ $
NEW
208

SOAP, HAIR & BODY LITE'N

FOAMY CRANBERRY ICE SPARTAN
S-3152GL 1
GAL
$ $
NEW
209

SOAP, LIQUID DIAL
ANTIMICROBIAL 1 GAL DIA88047 1
GAL
$ $
220620
210
SOAP, LIQUID DISH, 1 GAL.

BOTTLE HILLYARD HIL0037306 10
GL
$ $
220320
211

SOAP, LOTION HAND, ANTISEPTIC
1 GAL BOTTLE KUTOL 2509 (IH41105D) 1EA
$ $
NEW
212

SOAP, REFRESH ANTIBAC FOAM
SC JOHNSON SBS-57250 1
EA
$ $
NEW 213

SOAP, SPARKLE DISH GAL ENTRAL
185604 2
EA $ $
214340
214
SPRAYER, TRIGGER FOR 24 OZ
BOTTLE CONTINENTAL 9-7/8 TUBE
(922 OR 5906) 98
EA
$ $
NEW
215
SPRAYER, FOAMING TRIGGER 9-
7/8IN IMPACT 7059 1
EA
$ $
207990
216
SPRAYER, MULTI-PURPOSE 2 GAL
SCOTTS 190499 1
EA
$ $
238020
217
TISSUE, FACIAL WHITE 2-PLY

8.33"" X 8"", 100 SHT/BX, 30
BX/CS, KIMBERLY CLARK 21340,
AG 547, SUNNYCARE 5701S 8
CS
$ $
NEW
218
TOILET PAPER 2PLY INTERFOLD
101 INTEGRITY IFTT452 / AG6101, 1CS
$ $
NEW
219
TOILET PAPER, 2 PLY WHITE STD
UNIVERSAL 80/550 BRECON B80124 1CS
$ $
240400
220
TOILET PAPER, 2PLY STANDARD
96PK/500CS INTERGRITY 365
CS
$ $
#3..
- 404 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
33 240300
221
TOWEL C-FOLD WHITE 1-PLY
UNIVERSAL SUNNYCARE 6002 30
CS
$ $
NEW
222

TOWEL ROLL BROWN ECOSOFT
NATURAL, BW 71300 1
CS
$ $
NEW
223

TOWEL ROLL WHITE UNIVERSAL
CORE 7.87 IN X 350 FT AG-186 /
18390 1
CS
$ $
240100
224
TOWEL WINDSHIELD 2PLY BLUE
SINGLEFOLD 9.5 X 10.25 250/PK
9PK/CS GEORGIA PACIFIC 00350 1
CS
$ $
NEW
225
TOWEL, L10 WYPALL 10.25 IN X

9.3 IN 2PLY BLUE 2240 SHEETS/CS
KC-05120 1
CS
$ $
NEW
226
TOWEL, L10 WYPALL 9.1 IN X

10.25 IN 1PLY BLUE 2240
SHEETS/CS KC-05123 1
CS
$ $
240600
227
TOWEL, L40 WYPALL, 1 PLY, 10 IN
X 10.8 IN 90/BOX KIMBERLY
CLARK 03046 254
CS
$ $
240620
228
TOWEL, L40 WYPALL, 1 PLY, 9.8IN
X 16.4IN 100/BOX KIMBERLY
CLARK 05790 33
CS
$ $
240320
229

TOWEL, PAPER MULTI-FOLD
BLEACHED WHITE 9.25"" X 9.5"",
4008 SHT/CS, GEORIGA PACIFIC
20204, KC 1807 229
CS
$ $
240220
230
TOWEL, PAPER ROLL WHITE 8"" X
800', 6 ROLL/CS, SCOTT 1040, SCA
RB800, AG 948, SUNNYCARE
5103S 22
CS
$ $
NEW
231

TOWEL, PAPER ROLL WHITE,
EXTRA WIDE 10IN X 800', 6
ROLL/CS, TAD SYSTEM OT-40-
001TAD 1
CS
$ $
240210
232

TOWEL, PAPER SHOP ROLL BLUE

12.5"" X 13.4"", 870 SHT/RL,
KIMBERLY CLARK 41611 3
RL
$ $
240200
233

TOWEL, PAPER SINGLE-FOLD
NATURAL, 9.25"" X 10.25"", 4000
SHT/CS, SCA SK1850A, AW 745,
SUNNYCARE 5402 1
CS
$ $
NEW
234

TOWEL, ROLL WHITE UNIVERSAL
2IN CORE 8 IN X 600 FT, 100%
RECYC, 80% POST CONSUMER AG647 / 010157 1
CS
$ $
#3..
- 405 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
34 NEW
235
TOWEL, TERRY, WHITE 10LB, NEW
HEM HOSPECO 533-10 1
BX
$ $
NEW
236
TOWEL, WHITE ROLL 10IN X 800FT
6RL/CS GEORGIA PACIFIC 89460 1
CS
$ $
NEW
237
TOWEL, X50 WYPALL WHITE 9.8IN
X 13.4IN KC-35015 1
RL
$ $
NEW
238
TOWEL, X60 WYPALL JUMBO ROLL
BLUE KC-34965 1
EA
$ $
NEW
239
TOWEL, X80 WYPALL JUMBO ROLL
BLUE HEAVY DUTY 475 SHEETS
KC-41043 1
CS
$ $
NEW
240

TRIGGER, POWER SPRAY
RED/WHITE 9-7/8 #6149 1
EA
$ $
214340CR
241

TRIGGER, POWER SPRAY

CHEMICAL EX-LRG IMPACT /
TOLCO TC-110542 1
EA
$ $
220210
242

WIPE, HEALTHCARE BLEACH
GERMICIDAL CLOROX CLO-30577 24
CS
$ $
220220
243

WIPES, CLOROX DISINFECTING
FRESH SCENT 75 CT 722
BTL
$ $
220230
244

WIPES, LYSOL SANITIZING CITRUS
SCENT 80 CT 6/CS RECKITT
REC77182 455
BTL
$ $
220240
245
WIPES, SANITIZER 6 X 8 270 CT
PURELL GOJO 9113-06 NO SUB 112
TUB
$ $
NEW 246
ADHESIVE, TACK-IT 1 GAL
HILLYARD HIL0045806 1
GAL $ $
NEW 247
ADHESIVE, TACK-IT 5 GAL
HILLYARD HIL0045807 1
GAL $ $
280000
248
APRON, WHITE/GREEN 36X50 20
MIL DAV20-36X50 1
DZ
$ $
NEW 249
BLADE, RAZOR SINGLE EDGE #9
100/BX 2
BX $ $
214320
250
BOTTLE, SPRAY PLASTIC 24

OUNCE, WITH OUNCE

INCREMENTS ON BOTTLE SIDE
CONTINENTAL #924B 62
EA
$ $
NEW
251
BOTTLE, 16OZ TRIGGER SPRAY
BOTTLE CONTINENTAL C-916B 1
EA
$ $
214370
252
BOTTLE, SPRAY PLASTIC 32

OUNCE, WITH OUNCE

INCREMENTS ON BOTTLE SIDE
CONTINENTAL #932B 44
EA
$ $
#3..
- 406 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
35 235800
253

BUCKET, PLASTIC W/METAL
HANDLE, 5 GAL NO LID 1
EA
$ $
NEW
254

BUCKET, W MOP & WRINGER
35QT 274335312YE
CONTINENTAL 1
EA
$ $
NEW
255

BUCKET, W MOP & WRINGER W
SPLASH GUARD 35QT C-335-
311YW CONTINENTAL 1
EA
$ $
NEW 256
CADDY BOWL CONTINENTAL C780 1
EA $ $
NEW 257 CADDY, MAID 1850 1 EA $ $
NEW 258
CAN, GARBAGE, 30 GAL., GALV.

W/LID 1
EA $ $
NEW 259 CAP ONLY FOR 1 GAL JUG 1 EA $ $
NEW
260
CART, JANITOR CART 45IN L X 21
IN W RUBBERMAID RM6173 1
EA
$ $
NEW 261

CHANGING TABLE, KOALA KARE
KB200 CREAM 1
EA $ $
NEW 262

DUSTER, MED FEATHER BRADY
D22EC 1
EA $ $
214500
263

DUSTER, COBWEB, COMPLETE,
WEBSTER OR WILEN #E001000 /
FLO PAC 36340414 W HANDLE -
CARLISLE 36545000 17
EA
$ $
NEW
264
DUSTPAN, EX-LARGE LOBBY 13IN
W HANDLE CEQUENT 497-1 1
EA
$ $
NEW
265

FILTER, EXHAUST FOR

COMMERCIAL VACUUM
WINDSOR/KARCHER/UVAC/UPV12 & SEBO ESSENTIAL
APC FILTRATION 2846/ 86141400
/ JAN-IVF310 1
EA
$ $
NEW
266

FILTER, MICRO-HYGENIC FOR
SENSOR VAC WINDSOR 8.600-
522.0 1
EA
$ $
909170 267
FLAG, AMERICAN 4X6 2 PLY
POLYSTER 4
EA $ $
909150 268
FLAG, CALIFORNIA 4X6 2 PLY
POLYESTER 4
EA $ $
275120
269

MASK, DUST PARTICLE
DISPOSABLE 50 BX SAFETY ZONE
RS-810 10
BX
$ $
NEW
270
VACUUM, SENSOR S12 MANUAL
HEIGHT ADJUST WINDSOR 1
EA
$ $
#3..
- 407 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
36 10126150
NEW 271
WASTEBASKET, 28QT BLACK
34292823 1
EA $ $
NEW 272
WASTEBASKET, 28QT BLACK
BWK28QTWBBLA 1
EA $ $
NEW
273
WRAP, STRETCH, 18IN X 1500 FT
80 GAUGE 8 MIL CLEAR FILM 12
RL
$ $
EXTENDED PRICE SUBTOTAL $
TAX 8.875% $
TOTAL $
PAYMENT TERMS:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

CHOOSE ONE:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: _____________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
#3..
- 408 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
37 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications, or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response. Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
#3..
- 409 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
38 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:
#3..
- 410 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
39 Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
#3..
- 411 -
INVITATION FOR BIDS # 2223-46

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

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

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

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

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

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

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

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct, and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#3..
- 412 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
41 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
#3..
- 413 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
42 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
#3..
- 414 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
43 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
#3..
- 415 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
44 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
#3..
- 416 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
45 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
#3..
- 417 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
46 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto requires the purchase of janitorial supplies for Citywide locations. This IFB is for a multiyear award. Orders will be placed by City Staff and afforded the same price for walk-in orders as well as delivered orders. Unless otherwise authorized by CITY’s Purchasing Division, goods shall be delivered F.O.B.

Destination Freight Prepaid and Included in price of goods.

1.2 PRODUCTS SUBSTITUTIONS:

No substitutions are allowed where indicated. If quoting any brand other than those listed, identify the brand and part number in the space provided. If pounds, length, ounces, package or box quantities, etc. are different than what is listed or implied by manufacturer’s part number, your differences must be noted. Substitutions must be equal to or exceed the quality of the item described. Any reference to brand name is intended to be descriptive and not restrictive. City of Modesto personnel will determine the acceptability of a substitute.

Bidder shall supply only the brand name bid, however, should the Bidder experience difficulty or delays in obtaining supplies of the brand bid, Bidder may substitute an approved equal after receiving permission from the City of Modesto Purchasing Manager or designee. The cost of substitution shall not be greater than bid price.

1.3 DELIVERY:

Location: 4240 Litt Road (or as specified on Purchase Order) 501 N Jefferson Rd Bldg 4A
Modesto, CA 95354
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 8:00 A.M. to 12:00 P.M. or as specified by Division All deliveries shall be made within 15 business days after the order is placed. Each delivery shall be signed for by an approved onsite City liaison.

All Invoices shall include the Stock Number listed on the Pricing Schedule.

1.4 DELIVERY REPORT:

The successful Bidder(s) shall provide Goods delivery reports upon City request. Reports shall include all Goods delivered during the time period requested. At a minimum the report shall include City Stock number, Manufacturer Stock number, Manufacturer nomenclature, quantity, unit price, extended price, and total price.

Reports shall be delivered to the following address or alternatively as requested by the Purchasing Division via email to the City of Modesto:

City of Modesto
Purchasing Division
P.O. Box 642
#3..
- 418 -
INVITATION FOR BIDS # 2223-46

JANITORIAL SUPPLIES
47 Modesto, CA 95353

1.5 CONTRACTUAL CHANGES:

Changes of a contractual or business nature shall be effected only by written change to the contract by the City of Modesto, Purchasing Division.

1.6 CHARACTER OF WORKERS:

If any person employed by the Bidder fails or refuses to carry out the direction of the City Representative, or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.

1.7 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Bidder to delay in the provision of Goods and related services shall be grounds for extension of time on the part of the Bidder to complete the work, but shall give the Contractor no damages for such delay. #3..
- 419 -
48 SAMPLE AGREEMENT
ANNUAL PURCHASE AGREEMENT – GOODS
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 202X, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called VENDOR,
W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2021-xx authorizing the Award of Bid and agreement for the [????????] materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the [???????? ]SERVICES as described in IFB ????-??, attached hereto as Exhibit “C” and made a part hereof, and

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of TWO YEARS with THREE one-year extension options at the sole discretion of City, for a total of up to five years.

Year one: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year two: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year three: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year four: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
Year five: MONTH DAY, 20xx THROUGH MONTH DAY, 20xx
#3..
- 420 -
49 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $_____________. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $_____________.

B. Pricing during AGREEMENT Year one shall be as set forth in Exhibit A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first year of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]

7. TERMINATION:

A. 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 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY #3..
- 421 -
50 premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

CONTRACTOR: __________________
__________________
__________________
__________________
#3..
- 423 -
52 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS 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.

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. 20??-?? adopted by the Council of the City of Modesto on the _____________ day of _____________________, 20?? and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, VENDOR
A municipal corporation
By: __________________________ By: _________________________________ DEANNA CHRISTENSEN, (Signature)
Director of Finance
_________________________________
(Name & Title)
#3..
- 424 -
#3..
- 425 -
#3..
- 426 -
#3..
- 427 -
#3..
- 428 -
#3..
- 429 -
#3..
- 430 -
#3..
- 431 -
#3..
- 432 -
#3..
- 433 -
#3..
- 434 -
#3..
- 435 -
#3..
- 436 -
#3..
- 437 -
#3..
- 438 -
#3..
- 439 -
#3..
- 440 -
#3..
- 441 -
#3..
- 442 -
#3..
- 443 -
#3..
- 444 -
#3..
- 445 -
#3..
- 446 -
#3..
- 447 -
#3..
- 448 -
#3..
- 449 -
#3..
- 450 -
#3..
- 451 -
#3..
- 452 -
#3..
- 453 -
#3..
- 454 -
#3..
- 455 -
#3..
- 456 -
#3..
- 457 -
#3..
- 458 -
#3..
- 459 -
#3..
- 460 -
#3..
- 461 -
#3..
- 462 -
#3..
- 463 -
#3..
- 464 -
#3..
- 465 -
#3..
- 466 -
#3..
- 467 -
#3..
- 468 -
#3..
- 469 -
#3..
- 470 -
#3..
- 471 -
#3..
- 472 -
#3..
- 473 -
#3..
- 474 -
#3..
- 475 -
#3..
- 476 -
#3..
- 477 -
#3..
- 478 -
#3..
- 479 -
#3..
- 480 -
#3..
- 481 -
#3..
- 482 -
#3..
- 483 -
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION 1 225120 CLEANER, AJAX OXYGEN BLEACH
CLEANER 21 OZ CAN 14278 183 CN NO BID NO BID $1.4985 $274.23 NO BID NO BID $1.17 $214.11 $1.41 $258.03 $1.25 $228.75 $ 1.79 $327.57 2 NEW

CLEANER, AEROSOL OVEN HEAVY
DUTY FOAMING 2NO BID OZ CLAIRE
824 1
CS
NO BID NO BID $61.5622 $61.56 NO BID NO BID $51.36 $51.36 $38.20 $38.20 $41.61 $41.61 $ 64.92 $64.92 3 NEW

CLEANER, AEROSOL STAINLESS
STEEL WATER BASED 12 OZ CLAIRE
844 1
CN
NO BID NO BID $4.4730 $4.47 NO BID NO BID $5.40 $5.40 $37.86 $37.86 $3.91 $3.91 $ 4.78 $4.78 4 225340 CLEANER, ALL PURPOSE SIMPLE
GREEN, 14NO BID OUNCES 73 GL NO BID NO BID $5.7852 $422.32 NO BID NO BID $15.88 $1,159.24 $10.69 $780.37 $8.41 $613.93 $ 14.74 $1,076.02 5 NEW CLEANER, ALL PURPOSE, NEUTRAL,
1 GAL. BOTTLE VISTA / ACCLAIM 47
GL
NO BID NO BID $7.6440 $359.27 NO BID NO BID $5.89 $276.83 $5.36 $251.92 $9.26 $435.22 $ 8.18 $384.46 6 225320 CLEANER, ALL PURPOSE, NEUTRAL,
5 GAL. CAN VISTA / ACCLAIM 1
CN
NO BID NO BID $39.2280 $39.23 NO BID NO BID $29.90 $29.90 $29.85 $29.85 NO BID NO BID $ 43.32 $43.32 7 NEW CLEANER, AND, FAST ORANGE W
PUMICE 7.5OZ #251NO BID8 1
TUBE NO BID NO BID $3.1389 $3.14 NO BID NO BID $4.26 $4.26 $2.98 $2.98 $55.15 $55.15 NO BID NO BID 8 NEW
CLEANER, ASSURANCE 1 GAL,
HILLYARD HILNO BIDNO BID153NO
BID6 1
GAL
NO BID NO BID $7.6440 $7.64 NO BID NO BID $17.99 $17.99 $11.25 $11.25 NO BID NO BID $13.97 $13.97 9 226200 CLEANER, BLEACH, LIQUID 6%
PURE BRIGHT 210502 488 GAL NO BID NO BID $4.5821 $2,236.06 NO BID NO BID $3.69 $1,800.72 $3.40 $1,659.20 $4.25 $2,074.00 $4.88 $2,381.44 10 NEW

CLEANER, BLOC-AID DRAIN &
SEWER OPENER QUART SP-7380 1 BTL NO BID NO BID $9.0227 $9.02 NO BID NO BID $3.49 $3.49 $3.13 $3.13 $5.71 $5.71 $5.05 $5.05 11 220400 CLEANER, BORAX, POWDER, 5 LB
BOX DIAL CORP. #02303 NO SUB 1
BX
NO BID NO BID $7.3069 $7.31 NO BID NO BID $16.90 $16.90 NO BID NO BID NO BID NO BID NO BID NO BID 12 NEW

CLEANER, CARPET CONCENTRATE
"PROCYON EXTREME" 2 GAL NO BID NO BID $15.0423 $30.08 NO BID NO BID $32.99 $65.98 $36.58 $73.16 $114.38 $228.75 $49.65 $99.30 13 NEW CLEANER, CASCADE GEL LEMON
SCENT 4/120 OZ PGC28193 1
CS NO BID NO BID $43.3935 $43.39 NO BID NO BID $46.80 $46.80 $40.88 $40.88 $41.61 $41.61 $62.20 $62.20 14 226205

CLEANER, CLEAN BY PEROXY
SPARTAN 0035-04 1 GAL NO BID NO BID $19.7730 $19.77 NO BID NO BID $18.57 $18.57 $16.83 $16.83 $3.91 $3.91 $25.68 $25.68 15 NEW
CLEANER, CREME CLEAN 1 QT
HILYARD HIL0010604 10 QUART NO BID NO BID $4.3160 $43.16 NO BID NO BID $3.79 $37.90 $4.25 $42.50 $3.18 $31.80 $5.57 $55.70 16 NEW

CLEANER, DELIMER SPARCLEAN
SPARTAN 765504 1 GAL NO BID NO BID $18.4191 $18.42 NO BID NO BID $16.50 $16.50 $12.11 $12.11 $16.20 $16.20 $18.96 $18.96 17 NEW

CLEANER, DEVASTATOR STRIPPER
1 GAL HILLYARD HIL0014706 1 GAL NO BID NO BID $17.3765 $17.38 NO BID NO BID $30.90 $30.90 $10.74 $10.74 $9.72 $9.72 $25.32 $25.32 18 NEW CLEANER, DRAIN BLOC-AID
SPARTAN 738003 12 QT NO BID NO BID $9.0227 $108.27 NO BID NO BID $3.99 $47.88 $3.25 $39.00 $4.29 $51.48 $5.05 $60.60 19 NEW

CLEANER, DRAIN MAINTAINER
"PUSH" 1GAL BETCO 1330400 1 GAL NO BID NO BID $18.5094 $18.51 NO BID NO BID $17.15 $17.15 $11.72 $11.72 $13.23 $13.23 $17.06 $17.06 20 NEW

CLEANER, ENVIROX GREEN
CERTIFIED H2ORANGE2 1 GAL 1 GAL NO BID NO BID $12.2640 $12.26 NO BID NO BID $28.90 $28.90 NO BID NO BID $11.99 $11.99 $32.70 $32.70 21 NEW

CLEANER, EXTRA STRENGTH CSP
CLEANER 1 GAL HILLYARD
HIL0012506 1
GAL
NO BID NO BID $9.4185 $9.42 NO BID NO BID $21.60 $21.60 $10.88 $10.88 $11.08 $11.08 $13.41 $13.41 22 NEW

CLEANER, FABULOSO ALL
PURPOSE LAVENDER SCENT 1 GAL
04307 12
GAL
NO BID NO BID $13.5272 $162.33 NO BID NO BID $12.99 $155.88 $10.68 $128.16 $9.13 $109.56 $10.08 $120.96 23 220140 CLEANER, FAST ORANGE
W/PUMICE/WALL #25219, GL UNIT 1
GL NO BID NO BID $17.6463 $17.65 NO BID NO BID $18.99 $18.99 $13.94 $13.94 $14.18 $14.18 $29.05 $29.05 24 NEW CLEANER, FOAMING GERMICIDAL
QUART HILYARD 0101904 1
BTL NO BID NO BID $5.5314 $5.53 NO BID NO BID $5.99 $5.99 NO BID NO BID $2.22 $2.22 $5.77 $5.77 25 NEW

CLEANER, GERMICIDAL BOWL,
SPARTAN 1 QT HILLYARD
HIL0010204 1
EA
NO BID NO BID $3.6855 $3.69 NO BID NO BID $3.90 $3.90 $2.30 $2.30 $3.39 $3.39 $3.58 $3.58 26 NEW

CLEANER, GLASS & SURFACE
CONCENTRATED 1 GAL MAINTEX
181804 1
GAL
NO BID NO BID $9.8553 $9.86 NO BID NO BID $5.88 $5.88 $9.79 $9.79 $10.71 $10.71 $18.21 $18.21 27 NEW

CLEANER, GLASS SSS HEAVY DUTY
19 OZ. SMARTJAN 21238 1 CN NO BID NO BID $2.7037 $2.70 NO BID NO BID $4.00 $4.00 $2.37 $2.37 $3.09 $3.09 $4.16 $4.16 28 225560 CLEANER, GLASS, AEROSAL 19 OZ.

MISTY #124-20 24 CN NO BID NO BID $3.0000 $72.00 NO BID NO BID $2.89 $69.36 $2.37 $56.88 $2.54 $60.96 $4.16 $99.84 29 225540

CLEANER, GLASS, PREMIX
W/ALCOHOL, 1 GAL. BOTTLE LIST
ALCOHOL PERCENTAGE: 5% 24
GL
NO BID NO BID $12.3471 $296.33 NO BID NO BID $4.38 $105.12 $4.48 $107.52 $9.05 $217.20 $10.71 $257.04 30 225520

CLEANER, GLASS, PREMIX
W/AMMONIA, 1 GAL. BOTTLE LIST
AMMONIA PERCENTAGE: .005% 1
GL
NO BID NO BID $6.9697 $6.97 NO BID NO BID $5.88 $5.88 $7.75 $7.75 $8.47 $8.47 $10.35 $10.35 31 NEW CLEANER, HARD FLOOR HIL-GLO 1
GAL HILLYARD HIL0053306 1
GAL NO BID NO BID $7.6284 $7.63 NO BID NO BID $20.99 $20.99 $11.88 $11.88 $10.44 $10.44 $14.30 $14.30 32 NEW CLEANER, LAVENDAR FABULOSO
GAL LG-04307 12 GAL NO BID NO BID $13.5272 $162.33 NO BID NO BID $12.99 $155.88 $10.77 $129.24 $9.13 $109.56 $10.08 $120.96

PROCLEAN

INTERBORO

PACKAGING FASTENAL COMPANY

AMERICAN

TEXTILE&SUPPLY, BRADY IFS RANDIK PAPER

WAXIE SANITARY
SUPPLY

Page 1 of 4 ends

#3..
- 484 -
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION

PROCLEAN

INTERBORO

PACKAGING FASTENAL COMPANY

AMERICAN

TEXTILE&SUPPLY, BRADY IFS RANDIK PAPER

WAXIE SANITARY
SUPPLY
33 NEW CLEANER, LIQUID SWABBY II 1 GAL
HILYARD HIL0010406 10 GAL NO BID NO BID $5.9359 $59.36 NO BID NO BID $10.99 $109.90 $2.37 $23.70 $8.74 $87.40 NO BID NO BID 34 NEW CLEANER, MILDEW & STAIN
REMOVER TILEX CLO-35600 1
CS NO BID NO BID $68.0337 $68.03 NO BID NO BID $62.60 $62.60 $51.29 $51.29 $37.00 $37.00 $52.20 $52.20 35 NEW CLEANER, NABC NON ACID
CLEANER SPARTAN 749604 12 GAL NO BID NO BID $5.9359 $71.23 NO BID NO BID $14.25 $171.00 $9.24 $110.88 $11.77 $141.24 $14.51 $174.12 36 NEW CLEANER, NON-ACID PORCELAIN
TOILET CLEANER GAL VIVA B3303 1
GAL NO BID NO BID $5.9359 $5.94 NO BID NO BID $14.40 $14.40 $9.24 $9.24 $11.77 $11.77 $14.51 $14.51 37 NEW CLEANER, PLEDGE LEMON SCENT
AEROSOL SC JOHNSON SJN301168 1
CS
NO BID NO BID $53.7467 $53.75 NO BID NO BID $36.90 $36.90 $37.92 $37.92 $37.33 $37.33 $67.59 $67.59 38 NEW

CLEANER, STAINLESS STEEL
CLEANER 17 OZ AEROSOL BETCO
B-6523 36
EA
NO BID NO BID $3.9518 $142.26 NO BID NO BID $4.59 $165.24 $3.45 $124.20 $4.98 $179.28 $6.19 $222.84 39 NEW CLEANER, SUPER SHINE ALL 2.5L
HILLYARD HIL0080825 1
LITER NO BID NO BID $9.4185 $9.42 NO BID NO BID $24.99 $24.99 NO BID NO BID $10.75 $10.75 NO BID NO BID 40 NEW
CLEANER, TOILET BOWL KLING 32
OZ BETCO 07512-00 1 EA NO BID NO BID $3.0986 $3.10 NO BID NO BID $2.90 $2.90 $2.41 $2.41 $3.39 $3.39 $3.40 $3.40 41 226900 CLEANER, WHITE DISTILLED
VINEGAR 1 GAL 1
GAL NO BID NO BID $3.9764 $3.98 NO BID NO BID $5.19 $5.19 $3.55 $3.55 $6.28 $6.28 NO BID NO BID 42 NEW DEFOAMER, 1 GAL. BOTTLE
HILLYARD #183 / GENLABS 2053 1
GL NO BID NO BID $15.6780 $15.68 NO BID NO BID $12.90 $12.90 $7.92 $7.92 $9.28 $9.28 $12.74 $12.74 43 NEW
DEGREASER DRUM 55 GAL
EXTREME RAPID TRANSIT SPARTAN 1 BBL NO BID NO BID $210.5478 $210.55 NO BID NO BID $575.00 $575.00 $470.82 $470.82 $567.91 $567.91 $644.60 $644.60 44 NEW
DEGREASER DRUM 55 GAL
SPARTAN SNB-130 1 BBL NO BID NO BID $210.5478 $210.55 NO BID NO BID $435.00 $435.00 $326.64 $326.64 $519.66 $519.66 $451.20 $451.20 45 NEW DEGREASER, EXTRA HEAVY DUTY,
55 GALLON DRUM HF51/ C1-0057 1
BBL
NO BID NO BID $210.5478 $210.55 NO BID NO BID $499.00 $499.00 $574.89 $574.89 $607.76 $607.76 $643.10 $643.10 46 217130

DEODORIZER, ENZYME
FLORAL/APPLE/CHERRY SCENT 1 1 GAL NO BID NO BID $12.1212 $12.12 NO BID NO BID $11.60 $11.60 $10.79 $10.79 $26.96 $26.96 $17.06 $17.06 47 NEW

DEODORIZER, BLOCK URINAL
SCREEN NON PARA W/ BUBBLE 84 EA NO BID NO BID $1.5058 $126.49 NO BID NO BID $1.10 $92.40 $1.36 $114.24 $1.31 $110.04 $3.00 $252.00 48 217100
DEODORIZER, BLOCK WIRED, 4 OZ,
12/BX CONTINENTAL #P97 (MUST
BE DELIVERED BOXED) 1
BX
NO BID NO BID $13.6063 $13.61 NO BID NO BID $24.99 $24.99 NO BID NO BID $10.86 $10.86 NO BID NO BID 49 NEW DEODORIZER, AEROSOL, 15 OUNCE
CAN, CITRUS SCENTED 1
CN NO BID NO BID $3.2547 $3.25 NO BID NO BID $3.90 $3.90 $3.24 $3.24 $3.28 $3.28 $5.87 $5.87 50 NEW

DEODORIZER, METERED CINNAMON
SPICE 3400 SHOTS HOSPECO HOS07906 1
CN
NO BID NO BID $3.1200 $3.12 NO BID NO BID $3.50 $3.50 $3.14 $3.14 $3.06 $3.06 $5.06 $5.06 51 NEW

DEODORIZER, METERED MANGO
MADNESS 3400 SHOTS HOSPECO 1 CN NO BID NO BID $3.6105 $3.61 NO BID NO BID $3.69 $3.69 $3.14 $3.14 $3.06 $3.06 $5.06 $5.06 52 NEW

DEODORIZER, METERED TROPICAL
TRADEWINDS 3400 SHOTS
HOSPECO HOS-07908 10
CN
NO BID NO BID $3.1200 $31.20 NO BID NO BID $3.69 $36.90 $3.14 $31.40 $3.06 $30.60 $5.06 $50.60 53 NEW
DEODORIZER, METERED, 7 OUNCE
CAN, APPLE, CINNAMON SPICE, 84 CN NO BID NO BID $3.1200 $262.08 NO BID NO BID $3.69 $309.96 $3.14 $263.76 $3.06 $257.04 $5.06 $425.04 54 NEW DEODORIZER, TOILET BOWL CLIP,
SPICED APPLE ECO-FRESH 24 EA NO BID NO BID $1.6250 $39.00 NO BID NO BID $1.99 $47.76 $21.52 $516.48 $20.91 $501.84 $2.65 $63.60 55 220640

DETERGENT, POWDERED LAUNDRY
LOW SUDS IRONHORSE 25LB L3521-
25 / B-2007-25 1
BX
NO BID NO BID $39.3393 $39.34 NO BID NO BID $26.35 $26.35 $20.68 $20.68 $16.25 $16.25 $24.36 $24.36 56 NEW

DETERGENT, POWDERED LAUNDRY
LOW SUDS IRONHORSE 50LB L3521-
50 /B-2007-50, 1
CT
NO BID NO BID $39.3393 $39.34 NO BID NO BID $42.80 $42.80 $36.36 $36.36 $16.25 $16.25 $46.58 $46.58 57 227240 DISINFECTANT SPRAY 15.5OZ
SPRAYPAK 4334104 30 EA NO BID NO BID $7.7805 $233.42 NO BID NO BID $3.59 $107.70 $2.40 $72.00 $6.58 $197.40 $5.55 $166.50 58 226210 DISINFECTANT, LEMON SCENT 1
GAL.BOTTLE 1
GL NO BID NO BID $11.2250 $11.23 NO BID NO BID $9.90 $9.90 $9.18 $9.18 $12.72 $12.72 $13.62 $13.62 59 NEW

DISINFECTANT, LYSOL, AEROSOL,
SUBS MUST HAVE MINIMUM 64%

ETHYL-ALCOHOL, LIST
PERCENTAGE ETHYL ALCOHOL:
65%, NOTE OZ/CAN: 15.5 OZ 1
CN
NO BID NO BID $9.4565 $9.46 NO BID NO BID $8.89 $8.89 $5.95 $5.95 $3.38 $3.38 NO BID NO BID 60 227100 DISINFECTANT, PINE SCENT 1
GAL.BOTTLE 8
GL NO BID NO BID $9.4374 $75.50 NO BID NO BID $9.90 $79.20 $7.02 $56.16 $10.75 $86.00 $14.47 $115.76 61 NEW

DISINFECTANT/DETERGENT/ODOR
COUNTERACTANT 1 GAL BTL MUST

BE EPA REGISTERED TO KILL HIV
VIRUS. AIRKEN #A33 / GENALBS
#1151 LIST OZ REQUIRED
PER/GAL/WATER TO KILL HIV1-
VIRUS: 2 OZ 109
GL
NO BID NO BID $24.1102 $2,628.01 NO BID NO BID $10.80 $1,177.20 $9.18 $1,000.62 $12.72 $1,386.48 $13.62 $1,484.58

Page 2 of 4 ends

#3..
- 485 -
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION

PROCLEAN

INTERBORO

PACKAGING FASTENAL COMPANY

AMERICAN

TEXTILE&SUPPLY, BRADY IFS RANDIK PAPER

WAXIE SANITARY
SUPPLY
62 NEW FINISH, FLOOR POLISH EXPLORER 1
GAL HILLYARD HIL0053406 13 GAL NO BID NO BID $25.7985 $335.38 NO BID NO BID $23.99 $311.87 $22.87 $297.31 $18.98 $246.74 $24.04 $312.52 63 NEW FINISH, FLOOR RESTORER HR 2000
32 OZ HILLYARD HIL0053804 1
BTL NO BID NO BID $4.1184 $4.12 NO BID NO BID $8.99 $8.99 $7.66 $7.66 $3.48 $3.48 $22.37 $22.37 64 NEW FINISH, FLOOR TOP SHAPE 1 GAL
HILLYARD HIL0052206 1
GAL NO BID NO BID $25.7985 $25.80 NO BID NO BID $17.99 $17.99 $18.57 $18.57 $25.53 $25.53 $19.80 $19.80 65 NEW FINISH, FLOOR TOP SHAPE 5 GAL
HILLYARD HIL0052207 1
EA NO BID NO BID $100.3275 $100.33 NO BID NO BID $85.90 $85.90 $92.28 $92.28 $127.56 $127.56 $92.39 $92.39 66 NEW FINISH, FLOOR WAX ENDEAVOR 5
GAL HILLYARD HIL0052207 1
GAL NO BID NO BID $100.3275 $100.33 NO BID NO BID $133.90 $133.90 $17.02 $17.02 $20.65 $20.65 $133.37 $133.37 67 NEW FRESHENER, CONTINUOUS AIR,
CITRUS SCOTT 91067 1
EA NO BID NO BID $11.8495 $11.85 NO BID NO BID $2.99 $2.99 $10.99 $10.99 $3.22 $3.22 $19.02 $19.02 68 NEW FRESHENER, CONTINUOUS AIR,
OCEAN AIR SCOTT 91072 1
EA NO BID NO BID $11.8495 $11.85 NO BID NO BID $2.99 $2.99 $10.99 $10.99 $11.22 $11.22 $19.25 $19.25 69 NEW FRESHENER, LIQUID ENZYME 1 GAL
HILLYARD HIL0047006 7
GAL NO BID NO BID $16.3527 $114.47 NO BID NO BID $16.25 $113.75 $9.42 $65.94 $4.38 $30.66 $17.06 $119.42 70 NEW FRESHENER, TAKE DOWN GREEN
APPLE 1 GAL HILLYARD HIL0046706 1
GAL
NO BID NO BID $16.3800 $16.38 NO BID NO BID $31.70 $31.70 $10.60 $10.60 $13.85 $13.85 $17.06 $17.06 71 NEW FRESHENER, X-CIDE ODOR KILLER
1 GAL PROS CHOICE 2110 1
GAL NO BID NO BID $17.3857 $17.39 NO BID NO BID $113.00 $113.00 NO BID NO BID NO BID NO BID $72.80 $72.80 72 NEW POLISH, AEROSOL FURNITURE
ENTRAL 19 OZ 12 CN NO BID NO BID $3.4427 $41.31 NO BID NO BID $3.70 $44.40 $3.02 $36.24 $3.43 $41.16 $5.63 $67.56 73 NEW POLISH, BRASSO METAL POLISH
8OZ RECKITT REC76523 1
CS NO BID NO BID $25.1405 $25.14 NO BID NO BID $24.90 $24.90 NO BID NO BID $109.19 $109.19 $33.56 $33.56 74 NEW POLISH, STAINLESS STEEL 1 QT
MAINTEX 198732 6
QT NO BID NO BID $7.8876 $47.33 NO BID NO BID $5.40 $32.40 NO BID NO BID $7.75 $46.50 $4.65 $27.90 75 207710 POWDER, ROACH, BORIC ACID, 16
OZ BTL 1
EA NO BID NO BID NO BID NO BID NO BID NO BID $8.99 $8.99 NO BID NO BID NO BID NO BID NO BID NO BID 76 207580 PROTECTANT, ARMORALL ORIGINAL
28OZ 1
BTL NO BID NO BID $13.4547 $13.45 NO BID NO BID $12.50 $12.50 $11.42 $11.42 NO BID NO BID $14.99 $14.99 77 NEW REFILL, 18IN FOR TBAR HILLYARD
HIL50041 4
EA NO BID NO BID NO BID NO BID NO BID NO BID $9.83 $39.32 $19.92 $79.68 $7.81 $31.24 $19.95 $79.80 78 NEW REFILL, MY FRESH, SEASIDE
BREEZE 6/CS F-0001006M-5 1
BX NO BID NO BID $31.3677 $31.37 NO BID NO BID $14.00 $14.00 NO BID NO BID $3.06 $3.06 $17.10 $17.10 79 NEW
REFILL, SWIFFER 360 DUSTER
6/BOX, 4 BOXES/CASE PROCTOR &
GAMBLE PGC21620CT 12
CS
NO BID NO BID $37.6618 $451.94 NO BID NO BID $41.90 $502.80 $35.16 $421.92 $35.51 $426.12 $47.99 $575.88 80 NEW REMOVER, GUM 5.5 OZ SPRAY PAK
433-4107 1
CN NO BID NO BID $4.7479 $4.75 NO BID NO BID $5.50 $5.50 $2.92 $2.92 $3.53 $3.53 $5.75 $5.75 81 NEW REMOVER, STAIN ORGANIC, PRO'S
CHOICE 32 OZ 1
BTL NO BID NO BID $6.5202 $6.52 NO BID NO BID $10.28 $10.28 $5.08 $5.08 $8.22 $8.22 $13.62 $13.62 82 207690 REMOVER, VANDALISM GEL TYPE
18 OZ CAN CL-880 OR SW880 1
CN NO BID NO BID $5.8020 $5.80 NO BID NO BID $5.99 $5.99 NO BID NO BID $4.28 $4.28 $6.63 $6.63 83 NEW RINSE, AID JET DRY 8.45 FL OZ
75713 1
EA NO BID NO BID $6.7841 $6.78 NO BID NO BID $7.99 $7.99 $6.06 $6.06 $9.73 $9.73 $6.50 $6.50 84 NEW SANITIZER, FOAMING 62% ETHYL
ALCOHOL KUTOL KU-68878 8
EA NO BID NO BID $43.0317 $344.25 NO BID NO BID $11.50 $92.00 $10.87 $86.96 $3.53 $28.24 $11.66 $93.28 85 NEW

SANITIZER, INSTAFOAM ALCOHOL
FREE DEB 400ML PUMP 12/CS SC
JOHNSON SBS-55818 1
EA
NO BID NO BID $12.4259 $12.43 NO BID NO BID $8.80 $8.80 $7.33 $7.33 $8.98 $8.98 $11.66 $11.66 86 214240 SCREEN, GRIDDLE, 20/PK, 4IN X 5.5
IN 3M #200 1
PK NO BID NO BID $6.8914 $6.89 NO BID NO BID $5.90 $5.90 $7.00 $7.00 $6.48 $6.48 $9.51 $9.51 87 NEW SCREEN, URINAL COTTON SCENT 1 EA NO BID NO BID $1.6640 $1.66 NO BID NO BID $2.15 $2.15 $18.40 $18.40 $19.29 $19.29 $5.60 $5.60 88 NEW SCREEN, URINAL MANGO SCENT 75 EA NO BID NO BID $2.7040 $202.80 NO BID NO BID $2.15 $161.25 $18.40 $1,380.00 $19.29 $1,446.75 $5.60 $420.00 89 NEW SCREEN, URINAL SPICED APPLE
SCENT 1
EA NO BID NO BID $2.5955 $2.60 NO BID NO BID $2.15 $2.15 $18.40 $18.40 $19.29 $19.29 $5.60 $5.60 90 NEW SEAL, BASECOAT II 5 GAL
HILLYARD H-0028872 2
EA NO BID NO BID NO BID NO BID NO BID NO BID $346.90 $693.80 $155.66 $311.32 $82.14 $164.28 $358.59 $717.18 91 NEW SEALANT, 341 SEALER 1 GAL
HILLYARD HIL0034106 8
GAL NO BID NO BID $30.1938 $241.55 NO BID NO BID $29.90 $239.20 $9.40 $75.20 $82.14 $657.12 $27.16 $217.28 92 NEW SEALANT, 341 SEALER 5 GAL
HILLYARD HIL0034107 1
EA NO BID NO BID $28.9483 $28.95 NO BID NO BID $148.00 $148.00 $101.82 $101.82 $82.14 $82.14 $134.27 $134.27 93 207735 SPRAY INSECT (PEST CONTROL)
BAYER ADVANCED #67724 1
GL NO BID NO BID $14.1120 $14.11 NO BID NO BID $24.99 $24.99 NO BID NO BID $13.38 $13.38 NO BID NO BID 94 NEW SPRAY, ALCOHOL 4 OZ PUMP FIRST
AID ONLY M5123 1
EA NO BID NO BID $4.4100 $4.41 NO BID NO BID $7.00 $7.00 NO BID NO BID $5.23 $5.23 NO BID NO BID

Page 3 of 4 ends

#3..
- 486 -
ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION

PROCLEAN

INTERBORO

PACKAGING FASTENAL COMPANY

AMERICAN

TEXTILE&SUPPLY, BRADY IFS RANDIK PAPER

WAXIE SANITARY
SUPPLY
95 207720

SPRAY, INSECT, ANT AND ROACH
SEE CHAMPION #8-5103C-3, SIZE
OZ/CAN 10 OZ 42
CN
NO BID NO BID $3.0167 $126.70 NO BID NO BID $4.57 $191.94 $5.24 $220.08 $6.83 $286.86 $8.16 $342.72 96 207770 SPRAY, WASP OTRHO ONLY, SIZE
OZ/CAN 16 OZ 1
CN NO BID NO BID $4.7189 $4.72 NO BID NO BID $6.99 $6.99 $4.88 $4.88 $4.83 $4.83 $7.76 $7.76 97 207780
SPRAY, WASP SEE CHAMPION #8-
5108C-1 SPECTRACIDE 20OZ
#142133 60
CN
NO BID NO BID $4.7189 $283.13 NO BID NO BID $4.93 $295.80 $4.71 $282.60 $5.47 $328.20 $7.76 $465.60 98 NEW TRAP, ANT COMBAT INSECTICIDE
HENKEL DIA45901 1
PK NO BID NO BID $4.9245 $4.92 NO BID NO BID $5.90 $5.90 NO BID NO BID NO BID NO BID $4.42 $4.42 99 NEW

TRAP, MOUSE EATON STICK-EM
2PK 1 PK NO BID NO BID $0.7497 $0.75 NO BID NO BID $3.70 $3.70 NO BID NO BID $2.30 $2.30 NO BID NO BID 100 217120 SCREEN, URINAL 18X22 AS-ACDM-P 1EA NO BID NO BID $10.6607 $10.66 NO BID NO BID $7.99 $7.99 NO BID NO BID $19.28 $19.28 $54.43 $54.43 101 600100 WATER, DISTILLED GALLON 6/CS 1 CS NO BID NO BID $6.3882 $6.39 NO BID NO BID $29.58 $29.58 NO BID NO BID $14.70 $14.70 NO BID NO BID 102 NEW WAX, GYM FINISH LOW VOC 5 GAL
HILLYARD H-0028072 2
EA NO BID NO BID NO BID NO BID NO BID NO BID $363.00 $726.00 NO BID NO BID $395.00 $790.00 $307.26 $614.52 103 200991 BRACE, STREET BROOM HEAD
MAGNOLIA #99B NO SUB 1
EA NO BID NO BID $3.8304 $3.83 NO BID NO BID $5.99 $5.99 NO BID NO BID NO BID NO BID NO BID NO BID 104 200990

BROOM HEAD, STREET, ORANGE
POLYBASS PLASTIC 5 ROWS X 5
1/8"" TRIM, 16"" BLOCK LENGTH FLOPAC 36111624 1
EA
NO BID NO BID $10.0736 $10.07 NO BID NO BID $15.99 $15.99 $25.20 $25.20 $12.76 $12.76 $18.94 $18.94 105 201000

BROOM HEAD, STREET, ORANGE
POLYPROPYLENE 5"" TRIM, 24""

BLOCK LENGTH WITH BRACE
MAGNOLIA BRUSH #13240 (BROOM)
# 99 (BRACE) ONLY NO SUB 1
EA
NO BID NO BID $22.9614 $22.96 NO BID NO BID $36.99 $36.99 NO BID NO BID NO BID NO BID NO BID NO BID

Page 4 of 4 ends

#3..
- 487 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 31, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Toby Wells, Interim Director of Engineering Services Department / City Engineer SUBJECT: Revision of Change Order Policy for Capital Improvement Program Projects CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:

Consider updates to the Change Order Approval Policy for the City of Modesto Capital Improvement Program (CIP) Projects and forwarding to Council for approval. (Funding Source:

Capital Improvement Projects)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On July 19, 1994 under Resolution 94-443, City Council approved establishing a Change Order approval policy for the City of Modesto CIP projects during construction. This policy provided guidelines within the previous Transportation Department to issue contract change orders consistent with the City’s construction principles and practices with maintaining Council controls over the budgetary concerns. In addition, this policy provides the approval authority to execute change orders during the course of the construction for CIP projects.

At this time, the Department Director is authorized to issue changes in construction contracts via documented change orders within the limitations established under the Change Order Approval Policy which must be within the original project scope and for which the funds are available in the fiscal year project budget.
#4..
- 488 -
Finance Committee, August 21, 2023
Revision of Change Order Policy for Capital Improvement Program Projects

Page 2 of 3 ends

Change Orders are issued during construction when unforeseen conditions or prevailing circumstances are encountered resulting in the need to change or increase the Contractor’s scope of work in order to complete the project.

On July 9, 2019 under Resolution 2019-326, the Utilities Department Construction Division provided the project management of the City’s construction contracts for the City’s CIP Projects.

The key highlights changed to the Change Order Approval policy included capturing the updated department which provided oversight of these contracts and the delegation authority to upper management positions within the Utilities Department.

DISCUSSION:

With the recent adoption of the Fiscal Year 2023-24 Operating Budget, the City’s Engineering Divisions resided across multiple operational departments and were consolidated into a new Engineering Services Department. This re-organization also included the transfer of the Construction Administration into this new Department which is the division which manages the City’s construction contracts. With this new Department change, the Change Order Policy needs to be updated to capture the organizational and structural changes. In addition, limits have been adjusted to provide a more efficient and effective structure to improve the management and services of these contracts. The summary below highlights the changes to the proposed Change Order Approval policy:
1) Removed the Utilities Department and replaced with the new Engineering Services Department.
2) Provide the Director of Engineering Services the authority to approve changes orders up to 10% for single contracts up to $10 million. This authority will be acknowledged under all Council approval of construction contracts.
3) Provide the Director of Engineering Services the authority to approve changes orders up to 8% for single contracts over $10 million. This authority will be acknowledged under all Council approval of construction contracts.
4) Any individual change order in excess of $100,000 must be approved by the City Manager and Director of Engineering Services.

These policy revisions will assist in establishing a standardized guideline, as well as help to increase project delivery efficiencies.

FISCAL IMPACT:

There is no direct fiscal impact to any funding sources as a result of the revision of the Change Order Approval Policy for the City of Modesto Capital Improvement projects. The goal for the revision of this policy is to update and guide the approval authority for change orders related to CIP projects to avoid disruption in completing these projects.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending updates to the Change Order Approval Policy for the City of Modesto CIP Projects and forwarding to Council for approval.
#4..
- 489 -
Finance Committee, August 21, 2023
Revision of Change Order Policy for Capital Improvement Program Projects

Page 3 of 3 ends

Approved by:

DeAnna Christensen, Director of Finance
Toby Wells, Interim Director of Engineering
Services Department/City Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Change Order Policy Revisions
#4..
- 490 -

EXHIBIT A
Pur
PURPOSE:

Providing a written policy establishing clear guidelines within which the Utilities Engineering Services Departments can issue Contract Change Orders on Capital Improvement Projects (CIP) and/or Public Works Projects.* The policy is consistent with current-day construction principles and practices while maintaining Council control over budgetary concerns.

BACKGROUND:

Each Construction Contract includes language which provides the Director of Utilities Engineering Services with the authority to execute Change Orders during the course of construction. In the opinion of the City Attorney’s Office, this language appears to delegate complete and unlimited authority to the Director. By approval of this policy, the Council also provides that authority.

POLICY:

The Director of Engineering Services Utilities isare authorized to issue changes in construction contracts via written change orders within the limitations established below after determining that the change order is within the original project scope, both reasonable and necessary and that funds are available in the approved Capital Improvement ProgramProject budget.

1. For contracts originally awarded for a cost of less than $250,000, the Director has the authority to issue change orders for an increase in contract price of up to $25,000, provided that the sum of all such change orders for any single contract does not exceed $25,000.

2.1.For contracts originally awarded for a cost of at least $250,000, but less than $10,000,000, the Director has the authority to issue change orders, provided the sum of all such change orders for any single contract does not exceed ten percent (10%) of the original contract price.

3. For contracts originally awarded for a cost of at least $1,000,000, but less than $10,000,000, the Director has the authority to issue change orders, provided the sum of all such change orders for any single contract does not exceed eight percent (8%) of the original contract price.

4.2.For contracts originally awarded for a price of $10,000,000 or more, the Director has the authority to issue change orders, provided the sum of all such change orders for any single contract does not exceed six percent (86%) of the original contract price.

CITY OF MODESTO

CITY COUNCIL POLICY
Original Effective Date: 07/19/1994
Latest Revision Date: XX/XX/XX

Policy Number: 1.028
City Department: Engineering Services
Subject: Change Order Approval Policy
#4..
- 491 -

EXHIBIT A

5. Any individual change order in excess of $20,000 will require the approval of both the Director and the City Manager.

6.3. Any individual change order up to $510,000 will require the approval of the Senior Civil Engineer over Construction Administration Division.

7.4. Any individual change order in excess of $10,000 up to $20100,000 will require the approval of the Director of Engineering ServicesDivision Manager.

5. Any individual change order in excess of $100,000 will require the approval of both the Director and the City Manager.

8.6. Variance from the above limitations may be requested at the time of bid award for unusual situations, including, but not limited to contracts for building renovations. In addition, variances may be requested in response to unforeseen conditions which may arise in the field.

9.7. Notwithstanding the above limitations, if in the Director’s discretion it becomes necessary to issue a change order in order to:
• Prevent the interruption of work which has the potential to result in a substantial increase in cost to the City; or
• Protect the work, equipment, or materials to be used in the work, human safety, or the environment at or near the site of the work, from substantial and immediate danger or injury; or
• Protect, where damage or injury has occurred, the work, equipment, or materials to be used in the work, human safety, or the environment, at or near the site of the work from further damage, injury or deterioration caused by man, nature or other sources;
The Director shall have the authority to issue change orders in such sums as may reasonably be necessary for such purposes; provided, however, in the event any such action exceeds the specific authority set forth in the above, the Director shall report to the City Council regarding any such action as soon as it is reasonably possible, but no later than thirty (30) days subsequent. If said change orders will require an adjustment to the approved budget for the project, prior approval shall be obtained based on the appropriate budget approval authority.
* Capital Improvement Projects (CIP): A capital improvement project provides for the construction, repair, or improvement of buildings or grounds. This includes new construction, additions, renovations, renewals, repairs, site development, utility services, extensions and plant improvements, parking facilities, roads, traffic, fixed equipment installation and similar projects. Capitalization begins with a minimum project budget of $50,000.
*Public Works projects: A Public Works project provides for the construction or improvement of public buildings, public works, drains, sewers, utilities, parks, playgrounds and streets (exclusive of projects for resurfacing, maintenance and repair of LEGISLATIVE HISTORY: POLICY No. 1.0283.6
RESO 94-443; RESO 2019-326
#4..
- 492 -

EXHIBIT A
streets, or any park or parks playground project).

Directive requires City Council Approval.

Original Council approval – Resolution 94-443.

First Revision Council approval – Resolution 2019-326
#4..
- 493 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: August 01, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Surplus Personal Property Report for Fiscal Year 2022-2023 CONTACT: Vanessa Ferrel, Financial Analyst III, [email protected], 209-571-5174 DESCRIPTION:

Consider a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2022-23 and forwarding to Council for approval. (Funding Source: 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 City’s obsolete, unused or surplus personal property items typically consist of: (1) property and scrap accumulated by the City; (2) surplus City vehicles and equipment; and (3) recovered stolen and/or seized property accumulated by the Police Department.

The Accounting Division of the Finance Department currently sells the majority of the obsolete, unused and surplus personal property online through PublicSurplus.com. Items not sold online are sold or donated to local non-profits. The Police Department currently sells recovered stolen and/or seized property online using PropertyRoom.com.
#5..
- 494 -
Finance Committee, August 21, 2023
Surplus Personal Property Report for Fiscal Year 2022-2023

Page 2 of 3 ends

DISCUSSION:

PublicSurplus.com is an Internet auction service company. The Public Surplus Internet auction system was created with unique capabilities exclusively for public agencies. On March 12, 2019, Resolution No. 2019-117, Council approved an agreement with The Public Group by utilizing the competitive bid process with National Intergovernmental Purchasing Alliance (National IPA), City of Tucson, for online auction services with a two-year agreement and three one-year extension options with PublicSurplus.com. On May 24, 2022, Resolution No. 2022-254, Council approved an amendment increasing the agreement amount by $12,000 annually from $18,000 to a revised estimated amount of $30,000 and for a revised total amount not to exceed $114,000 over five years. Agencies can use the Public Surplus system to organize, automate, and manage their entire surplus inventory operations.

System capabilities include the following:
• Public Surplus helps agencies comply with state and local regulations and policies by automatically maintaining audit records.
• Public Surplus is able to attract larger number of buyers from an agency’s own community, as well as specialty buyers from across the United States. • Allow for out of state sales due to new regulations regarding the sale of diesel-fueled vehicles.
• There is no cost to agencies for registering, listing or relisting items for sale. • There is a 5% surcharge fee payable only when items sell, which the buyer pays. • No commitment or contract is required. Use of agencies is solely at their discretion.

During Fiscal Year 2022-23, the Police Department sold recovered stolen and/or seized property online using PropertyRoom.com through an at-will annual agreement. The agreement renews automatically each year unless there is a 30-day written notice of termination. The Police Department is pleased with the service they have received.

PropertyRoom.com combines property from law enforcement agencies throughout the country and presents it to a national audience of millions of potentially bidders. PropertyRoom.com staff will bar code, pick up, digitally photograph, describe, upload and list property for auction. At the conclusion of the auction, funds are collected and PropertyRoom.com personnel pack and ship items to the winning bidder. The revenue share varies by the value of the items sold. For items sold under $1,000 there is a 50%-50% split of the selling price. Any items sold for over $1,000 the City would receive 75% of the selling price. Exploring other means of surplus property sales will help to ensure that the City takes full advantage of its surplus revenue recovery options.

Section 801(r) of the City Charter authorizes the City Manager to sell obsolete, and unused or surplus personal property of the City with the approval of the City Council.

Title 8, Chapter 3, Article 5 of the Modesto Municipal Code (MMC) states in part that the Purchasing Manager shall compile a detailed listing of all personal property sold, donated, or disposed of during each fiscal year and report to Council with said list. Currently, the role of managing surplus of City property resides under the Accounting Division, and this role has been delegated to the Accounting Manager. This report along with the attached detailed listing of property sold meets the MMC requirement.
#5..
- 495 -
Finance Committee, August 21, 2023
Surplus Personal Property Report for Fiscal Year 2022-2023

Page 3 of 3 ends

FISCAL IMPACT:

For Fiscal Year 2022-2023, the City received a total of $316,099 from the sale of surplus property, vehicles and equipment. Revenues from the sale of surplus Fleet vehicles/equipment are deposited in the various Fleet Replacement funds. All revenues received from the sale of non-rolling stock are deposited in either the originated fund or the General Fund. For Fiscal Year 2022-23, the Police Department received $1,563 from the sale of recovered stolen and/or seized property which is in included in the General Fund total.

FUND AMOUNT
Building Services Fund $ 44,975
Compost Fund $ 8,110
Fleet Management Fund $ 37,531
General Fund $ 28,239
Green Waste Fund $ 28,700
Information Technology Fund $ 20
Sewer Operations Fund $ 990
Storm Drain Fund $ 94,200
Surface Transportation Fund $ 10,700
Water Fund $ 64,197
TOTAL $ 317,662
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2022-23 and forwarding to Council for approval.

Approved by:

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

1. Copy of Public Surplus Report 22-23

2. Copy of Property Room Report 22-23
#5..
- 496 -
FY 22-23
Auction ID Title Sold Amount Payment Date Fund
3117794 2008 FORD F250 TRK 3/4 TON 4X4 EXT CAB 40823 $7,200 02/10/2023 Compost Fund 3137492 2004 WILDCAT SPB-718 WINDROW TURNER 50492 $910 02/13/2023 Compost Fund $8,110 Compost Fund Total
3099308 1994 Zeiman 1305 Flatbed Trailer 89410 $2,275 02/06/2023 Fleet Management Fund 3117795 2002 FREIGHTLINER FL80 14 YD DUMP 40262 $26,100 12/12/2022 Fleet Management Fund 3137490 TEREX TL100 LOADER- 51021 $9,156 05/15/2023 Fleet Management Fund $37,531 Fleet Management Fund Total
3099055 1993 Ford E-350 Ambulance 99303 $3,100 12/12/2022 General Fund 3137488 2008 FORD F250 TRK 3/4 TON W/ DUMP W/ LIFT 40834 $6,100 12/13/2022 General Fund 3137493 2011 Ford Crown Vic - 11155 $610 05/15/2023 General Fund 3137494 2003 White Chevrolet Impala - 10388 $1,580 05/16/2023 General Fund 3171195 Xerox 7845 PT2 $82 12/15/2022 General Fund
3205709 2005 White Nissan Altima - 10575 $2,400 05/13/2023 General Fund 3205712 2010 Ford Crown Vic - 11026 $504 05/15/2023 General Fund 3212839 2002 FORD F350 TRK 1 TON STAKE SIDE DUMP - 40221 $6,100 05/10/2023 General Fund 3232215 2003 FORD F550 TRK 17.5 W/CARGO BODY - 40399 $6,200 05/15/2023 General Fund $26,676 General Fund Total
3117796 2006 CHEVROLET KODIAK C6500 21.0 W/LOW PROFILE DUMP 40671 $15,300 12/13/2022 Green Waste Fund 3137491 TEREX TL100 LOADER - 51022 $13,400 05/15/2023 Green Waste Fund $28,700 Green Waste Fund Total
3159845 Lot of 7 Dell monitors $10 11/17/2022 Information Technology Fund 3159848 Lot of 7 Dell monitors $10 11/17/2022 Information Technology Fund $20 Information Technology Fund Total
2999128 2011 Freightliner M2106 Vacuum truck - 41127 $43,100 12/13/2022 P/R Building Services Fund 2999129 2008 White Ford Extended cab F150 1/2 ton - 30886 $1,875 02/06/2023 P/R Building Services Fund $44,975 P/R Building Services Fund Total
3099056 2002 CHEVROLET C1500 single cab long bed 30208 $990 02/06/2023 Sewer Operationgs Fund $990 Sewer Operationgs Fund Total
3117792 2012 FREIGHTLINER M2106 VACUUM 3 AXLE - 41224 $51,100 02/08/2023 Storm Drainage Fund #5..
- 497 -
3137489 2011 FREIGHTLINER M2106 66.0 VACUUM 41104 $43,100 12/13/2022 Storm Drainage Fund $94,200 Storm Drainage Fund Total
3232213 FREIGHTLINER MT55 VAN 1 TON W/AERIAL BUCKET -40677 $10,700 05/18/2023 Surface Transportation Fund $10,700 Surface Transportation Fund Total
3099052 2008 Ford F-250 extended cab with utility bed 40874 $4,000 05/11/2023 Water Fund 3099053 2008 Ford F-250 extended cab with utility bed 40872 $7,000 12/14/2022 Water Fund 3099306 2001 Ford F-350 Extended Cab with flat bed 40155 $6,201 12/13/2022 Water Fund 3117793 2001 FORD F550 TRK 17.5 4X4 W/COMBO BODY 40126 $19,401 02/08/2023 Water Fund 3137495 2003 JOHN DEERE 444H - 50304 $24,100 05/10/2023 Water Fund 3205710 2003 TARGET PRO65III CONCRETE SAW - 70300 $445 05/11/2023 Water Fund 3221285 Trench Compactors- lot of 12 $3,050 03/09/2023 Water Fund $64,197 Water Fund Total
$316,099
TOTAL
#5..
- 498 -
#5..
- 499 -
#5..
- 500 -
#5..
- 501 -
#5..
- 502 -
#5..
- 503 -
#5..
- 504 -
#5..
- 505 -
#5..
- 506 -
#5..
- 507 -
#5..
- 508 -
#5..
- 509 -
#5..
- 510 -
#5..
- 511 -
#5..
- 512 -
#5..
- 513 -
#5..
- 514 -
#5..
- 515 -
#5..
- 516 -
#5..
- 517 -
#5..
- 518 -
#5..
- 519 -
#5..
- 520 -
#5..
- 521 -
#5..
- 522 -
#5..
- 523 -
#5..
- 524 -
#5..
- 525 -
#5..
- 526 -
#5..
- 527 -
#5..
- 528 -
#5..
- 529 -
#5..
- 530 -
#5..
- 531 -
#5..
- 532 -
#5..
- 533 -
#5..
- 534 -
#5..
- 535 -
#5..
- 536 -
#5..
- 537 -
#5..
- 538 -
#5..
- 539 -
#5..
- 540 -
#5..
- 541 -
#5..
- 542 -
#5..
- 543 -
#5..
- 544 -
#5..
- 545 -
#5..
- 546 -
#5..
- 547 -
#5..
- 548 -
#5..
- 549 -
#5..
- 550 -
#5..
- 551 -
#5..
- 552 -
#5..
- 553 -
#5..
- 554 -
#5..
- 555 -
#5..
- 556 -
#5..
- 557 -
#5..
- 558 -
#5..
- 559 -
#5..
- 560 -
#5..
- 561 -
#5..
- 562 -
#5..
- 563 -
#5..
- 564 -
#5..
- 565 -
#5..
- 566 -
#5..
- 567 -
#5..
- 568 -
#5..
- 569 -
#5..
- 570 -
#5..
- 571 -
#5..
- 572 -
#5..
- 573 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: August 01, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Fiscal Year 2022-2023 Unclaimed Funds to General Fund CONTACT: Vanessa Ferrel, Financial Analyst III, [email protected], 209-571-5174 DESCRIPTION:

Consider a report on Fiscal Year 2022-2023 Unclaimed Funds of $11,601 that can be transferred to the General Fund and forwarding to Council for approval. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City is permitted under Government Code Sections 50050-50053 and 50055 to claim unclaimed funds held in the City’s Trust fund for more than three years as unclaimed property and transfer these funds to the City’s General Fund. In order to transfer these funds the City needs to prepare a Resolution annually to claim these funds that have been held by the City for more than three years. Unclaimed funds include checks issued by the City which have not been deposited or cashed by the payee. These checks are related to a variety of deposits: Utility Deposits, Business License Deposits, and Capacity Fee Refunds.

State law requires that a list of unclaimed funds (checks and/or deposits), for amounts of $15 or more, held in the City’s Trust Fund, be published in a newspaper of general circulation in the City of Modesto, for two successive weeks. There is a forty-five day period from the date of the first publication of the list, during which individuals have the right to contact the City and claim the funds on deposit. Any funds that are not claimed become the property of the City after this time period.
#6..
- 574 -
Finance Committee, August 21, 2023
Fiscal Year 22-23 Unclaimed Fund to General Fund

Page 2 of 2 ends

DISCUSSION:

For the Fiscal Year 2022-2023 unclaimed funds, the City advertised $9,828 through the Modesto Bee based on these funds being held in the City’s Trust Fund for three years or more and remaining unclaimed after advertisement. These advertisements were posted in the Modesto Bee throughout the fiscal year for public notice. Small amounts that did not meet the $15 threshold totaled $1,773.

FISCAL IMPACT:

The unclaimed funds transferred to the General Fund will increase the fund balance by $11,601.

At this time the City will not be appropriating these funds for any specific use.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a report on Fiscal Year 2022-2023 Unclaimed Funds of $11,601 that can be transferred to the General Fund and forwarding to Council for approval.

Approved by:

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

1. Copy of Modesto BEE Affidavit of Publication
#6..
- 575 -

NOTICE OF CITY OF MODESTO UNCLAIMED TRUST DEPOSITS

THE FOLLOWING UNCLAIMED FUNDS HAVE BEEN HELD BY THE CITY OF MODESTO IN ITS TRUST FUND IN EXCESS OF THREE (3) YEARS AND WILL

BECOME THE PROPERTY OF THE CITY OF MODESTO IF A VERIFIED CLAIM IS NOT MADE PRIOR TO JULY 15, 2022. AUTHORITY: CALIFORNIA GOVERNMENT CODE, SECTION 50050-50053. FURTHER INFORMATION MAY BE OBTAINED FROM THE CITY OF MODESTO, FINANCE DEPT. CALL ACCOUNTS RECEIVABLE 209-577-5303 FOR A CLAIM FORM.

PROSOURCE PARTS LLC $100 SUNNY MASSAGE AND/OR ZHIMING, ZHANG $100.00 HEARTLAND LOGISTICS $100 MCFADDEN, JOHN A $275 LIEBERT CASSIDY WHITMORE $275 RIGHTWAY INSTALLERS $100 DREAM LAB MUSIC $100 SHEAR PERFECTION HAIR SALON $100 TROPICAL DELIGHT $100 BURNOUT AUTO REPAIR $100 INTERSTATE RIM MANAGEMENT CO LLC $100 GREAT WALL $100 AVERY EDWARD DANLEY $257 COYT, TERESITA ROSA $282.37 NATIONSTAR MORTGAGE $111.57 HASKIN, HOWARD $98 MONDRAGON, LESETTE CISNEROS $214 BILLS SPORT & BAIT SHOP $100 MUYIXIE @ NEW EXPERIENCE BODY SPA $100 IMPERIO 99 $62.75 NINA CODY $100 BONILLA CLEAN & CLEAR SERVICE $20.25 JENNY LE @ SALON CHEZ BEAU $62.75 SOLARCITY $82.85 RICHARD BUCK $163.29 THD AT HOME SERVICES INC $235.21 JENAE BOLES $32 PANTERAS TIRES $21.34 TRIO, ZACHARY $296.67 CLASSIC POOL SERVICES $100 VFORCE STAFFING SOLUTIONS $64.03 CAROLINA MONTES @ XOTIC HAIR SALON $100 ERIBERTO RODRIGUEZ $200 GREENE, FIDLER & CHAPLAN LLP $275 LION FUSION EXPRESS $100 JERICA CAMPBELL $400 CARLOS CAMPOS $50 JOAN SARRERO $30 ISAAC ZUNIGA $38 ORIENTAL MASSAGE $90 MVP MARTIAL ARTS @KID TIME FITNESS $56 BLACK CLOUD NETWORS $100 TRUSTED REALTORS 4 U $100 MAKEUP & SKIN BY KATIE $100 MAUCIO DAVID $399.34 ROSA MAGANA $70 ALLEN, ANITA 693.78 FAGEN, DANA $30 XMAS GIFTS $100 STERLING INSTALLATIONS $100 ALFRED PELUCCA TRUST $1,600 WORLD CLASS MANAGEMEN INC $63.77 CONSOLIDATED RELIANCE $66.47 GUIZAR, JAMIE $112.17 GROVER, WILLIAM $54.10 COSTA, GENEVA $96.91 VASQUEZ, KERRI $91.30 COUGHLIN, LORNA F $19.38 ROBERTO PARRA MALDONADO $125.15 KENNETH FERNANDES $72.65 BURNETT, LADEAN $16.77 MOORE, DANNY $63.58 MARTELLA, ROLAND $35.75 WILLEMS, LEE $37.25 MANCINI, JOHN $126.60 SANCHEZ REAL ESTATE $33.86 ALONZO J BLAND $45.27 OPEN VIEWS INC $51.19 JOSE QUINTERO $129.12
#6..
- 576 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: August 01, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: 2022-2023 Accounts Receivable Write-offs and Adjustments CONTACT: Vanessa Ferrel, Financial Analyst III, [email protected], 209-571-5174 DESCRIPTION:

Consider the Fiscal Year 2022-23 Write-Off and Adjustments Reports through Fiscal Year-End June 30, 2023, in the total amount of $1,310,155 and forwarding to Council for approval. (Funding Source: 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 City’s Department of Finance maintains the billing system that records and tracks monies owed to the City. Occasionally, the responsible party does not pay the City as required. It is the City’s policy to actively pursue collection of past-due accounts and write-off amounts deemed to be uncollectible. The City employs different means of collecting monies owed including collection letters, collection phone calls, skip tracing, property liens, tax refund interceptions, third party collection agency referrals and any available legal remedies recommended by the City Attorney. An account is considered uncollectible after the above applicable collection procedures have been exhausted and/or the debt has been discharged through various legal actions (bankruptcy or court judgement). This determination may occur in the same or in a different fiscal year from when the monies were determined to be due to the City. Although write-offs occur semi-annually and reported during the following fiscal year, collection efforts continue until the statute of limitations expires for collection actions. California Code of Civil Procedure Section 337 restricts the City’s collection actions after four (4) years. State law prevents the City from using a tax or property lien to collect certain delinquent fees from owner- #7..
- 577 -
Finance Committee, August 21, 2023
2022-2023 Account Receivable Write-offs and Adjustments

Page 2 of 3 ends

occupied dwellings (such as nuisance abatement fines and fees, zoning code violations, and certain Housing and Building Code fines and fees). Additionally, State law does not allow the City to forward unpaid parking citations to the Department of Motor Vehicles for a hold on the vehicle’s registration.

DISCUSSION:

The Modesto Municipal Code section 2-3.406 requires that when a fee or charge in excess of twenty-five thousand dollars ($25,000) is incorrectly levied or found to be uncollectible, such accounts will be referred to the City Manager who will promptly report them to the City Council with his/her recommendation. Where a fee or charge of twenty-five thousand dollars ($25,000) or less is incorrectly levied or found to be uncollectible, the City’s Write-off of Uncollectible Accounts Receivable policy requires the following approval authority:
 The Director of Finance is authorized to approve the write-off of accounts with an outstanding balance due of up to $5,000.
 The City Manager is authorized to approve the write-off of accounts with an outstanding balance in excess of $5,000 and up to $25,000.  Write-off of accounts with an outstanding balance due in excess of $25,000 must be approved by action of the City Council.

In FY 2018-19, the Finance Department established Administrative Directive 7.20, Accounts Receivable Adjustment Policy, and determined the Accounts Receivable, Utility Billing, Parking Citations and Business License adjustments should be incorporated into the annual report.

In early 2023, an update was made to Administrative Directive 7.18 Write-Off of Uncollectible Accounts Receivables, aligning all divisions with the write off uncollectible timeline of four years as stated in the State of California Code of Civil Procedures. Based on this change, the Utility Billing Division did not have any new uncollectible accounts for this write off period.

The Director of Finance approved write-offs and adjustments with an outstanding balance of up to $5,000 in the amounts below. Adjustments may include a one-time courtesy waiver of fees, penalties, or to address initial citations assessed in effort to bring the customer account balance up to date.

Write-offs Adjustments Totals
Miscellaneous Receivables $197,830 $1,039 $198,869
Utilities Receivables $243,541 $421,353 $664,894
Parking Citations $300,262 $5,560 $305,822
Business License $0 $128,837 $128,837
TOTAL $741,633 $556,789 $1,298,422
The City Manager approved write-offs with an outstanding balance in excess of $5,000 and up to $25,000 for the following type of receivables:
#7..
- 578 -
Finance Committee, August 21, 2023
2022-2023 Account Receivable Write-offs and Adjustments

Page 3 of 3 ends

Write-offs Adjustments Totals
Miscellaneous Receivables $0 $0 $0
Utility Receivables $11,733 $0 $11,733
TOTAL $11,733 $0 $11,733
The write-off memos approved by the Director of Finance and City Manager for $1,310,155 have been included as part of the attachment on this report.

The value of $1,310,155 that is being written-off accounts for less than 1% of receivables. The amount due as of June 30, 2023 is $17,713,405 for Miscellaneous Receivables and $15,492,004 for Utilities Receivables.

FISCAL IMPACT:

The amounts to be written off of $1,298,422 for amounts under $5,000 and $11,733 for amounts over $5,000 will not impact recognized revenue for Fiscal Year 2022-23 due to an annual adjustment that is recorded on the City’s financial statements to record any allowance for uncollectible accounts.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending acceptance of the Fiscal Year 2022-23 Write-Off and Adjustments Reports through Fiscal Year-End June 30, 2023 in the total amount of $1,310,155 and forwarding to Council for approval.

Approved by:

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

1. Write-off Uncollectible account memos
#7..
- 579 -
DATE: January 31, 2023
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.

Attached, you will find the list of accounts that need to be written off in Utility Billing.

Type of account * # of accounts Amount for WO
Collection Agency 397 228,949.70 $
Bankruptcy 4 1,732.58 $
Deceased 7 1,340.85 $
Uncollectibles 21 11,517.46 $
Total 429 243,540.59 $

*Accounts with a transaction date prior to 12/31/2021
** Real Estate Agents & Property Management Companies

_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance

FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
#7..
- 580 -
#7..
- 581 -
DATE: January 31, 2023
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.

Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s *Write Off of Uncollectible Accounts Receivable Policy.

Type of account # of accounts Amount for WO
Parking Citations 60 $ 13,835.50
Total Write Off 60 $ 13,835.50
*Clean-up of uncollectible citations for FY 17/18
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance

FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
#7..
- 582 -

CITY OF MODESTO

FINANCE DEPARTMENT

Each month, as part of the reporting requirements, Pacific Gas& Electric (PG&E) sends a secured email that has a number of reports, including the report “Utility Users’ Tax (UUT) Adjustments to the City of Modesto”. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due the City will not remitted to an outside collection agency by PG&E in behalf of the City. This list includes the customer name, service address, and amount of the bad debt.

For amounts listed on this report that are over $50.00, the City will begin to pursue collection of the outstanding UUT. For amounts listed on this report that are under the $50.00 threshold, these accounts will be included in the Accounts Receivable write-off process.

Please approve the following write-offs. The backup documentation is attached.

Adjustments: March 2022 $ 1,037.23
Adjustments: April 2022 $ 1,183.15
Adjustments: May 2022 $ 1,165.06
Adjustments: June 2022 $ 1,516.14
Total $ 4,901.58
Approval:

DeAnna Christensen Date
Director of Finance
#7..
- 583 -

CITY OF MODESTO

FINANCE DEPARTMENT

ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: January 30, 2023
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst – Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments. All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.

AIRPORT 1,970.52
CAO/COST RECOVERY 267.88
CENTRE PLAZA RENTAL 650.00
COMPOST 312.03
FINANCE FEES 4,430.91
FIRE- INSPECTIONS 971.00
HR- RETIREE INS 3,440.45
NPU- CITATION 2,321.25
PD ADMIN CIT/CULTIVATION 780.00
PD-ADMIN 500.00
PD-ADMIN CITE/ANIMAL 30,674.08
PD-SECURITY 140.69
PD-SHELTER RECOVERY 13,472.07
RISK-FLEET/POLICE/FIRE 26,257.54
SALES TAX 24.54
SW-COMPLIANCE ORDER 3,830.92
TOTAL $90,043.88
Approval:

DeAnna Christensen Date
Director of Finance
#7..
- 584 -

CITY OF MODESTO

FINANCE DEPARTMENT

Each month, as part of the reporting requirements, Pacific Gas& Electric (PG&E) sends a secured email that has a number of reports, including the report “Utility Users’ Tax (UUT) Adjustments to the City of Modesto”. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due to the City will not be remitted to an outside collection agency by PG&E on behalf of the City. This list includes the customer name, service address, and amount of the bad debt.

For amounts over $50.00, the City will begin to pursue collection of the outstanding UUT. The amounts listed on this report are amounts under the $50.00 threshold and are eligible for the Accounts Receivable write-off process.

Please approve the following write-offs. The backup documentation is attached.

Adjustments: July 2022 $ 1,163.73
Adjustments: August 2022 $ 2,273.97
Adjustments: September 2022 $ 2,072.94
Adjustments: October 2022 $ 1,910.00
Adjustments: November 2022 $ 1,449.14
Adjustments: December 2022 $ 2,095.76
Total $ 10,965.54
Approval:

DeAnna Christensen Date
Director of Finance
7/30/23
#7..
- 585 -

CITY OF MODESTO

FINANCE DEPARTMENT

ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: July 28, 2023
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst – Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments. All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.

AIRPORT 5,733.61
CAO/COST RECOVERY 501.65
COMPOST 95.72
FINANCE FEES 8,061.01
FIRE CASHOUT VACATION 3,587.25
FIRE INSPECTIONS 1,816.00
FIRE PREVENTION 2,074.00
NPU-ADMIN COSTS 374.52
NPU- CITATION 5,900.00
PD ADMIN CITATION 1,500.00
PD-ADMIN CITATION ANIMAL 13,580.00
PD-ADMIN CITATION CANNABIS 2,390.00
PD-FIREWORKS 7,583.14
PD-DUI 79.00
PD-SECURITY 11,312.90
PD-SHELTER RECOVERY 11,390.02
PD- SUBPOENA FEES 183.28
RISK-DAMAGES 1,135.01
SW-COMPLIANCE ORDER 14,205.00
UUT 135.08
WQ-ADMIN CITATION 280.00
TOTAL $91,917.19
Approval:

DeAnna Christensen Date
Director of Finance
7/30/23
#7..
- 586 -
DATE: July 28, 2023
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.

Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s *Write Off of Uncollectible Accounts Receivable Policy.

Type of account # of accounts Amount for WO
Parking Citations 1,297 $286,425.32
Total Write Off 1,297 $286,425.32
*Uncollectible citations for FY 18/19
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance

FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
7/30/23
#7..
- 587 -

CITY OF MODESTO

FINANCE DEPARTMENT

A total of $471,830.40 in adjustments was made to customer’s accounts from July 1, 2021 through June 30, 2022. These adjustments were made as one-time courtesy of fees, penalties, or to address initial citations assessed in effort to bring the customer’s account balance up to date.

These adjustments were related to charges in the Accounts Receivable, Utility Billing, Parking Citation and Business License systems.

Accounts Receivable Adjustments $ 1,039.28
Business License Adjustments $ 767.81
Business License Citation Waivers $ 128,069.06
Parking Citation Adjustments $ 5,560.00
Utility Billing Adjustments $ 421,352.79
TOTAL $ 556,788.94
Approval:

Deanna Christensen Date
Director of Finance
7/30/23
#7..
- 588 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 31, 2023
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Third Amendment to Professional Services for Pre-employment Background Checks
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider a Third Amendment to the Agreement with Employee Relations, Glendale, CA to conduct Pre-Employment Background Checks for a revised Agreement total amount not to exceed $64,900 and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

Local governments across the state including the City of Modesto, utilize professional services, typically a third-party background check company to perform their pre-employment background checks. It is definitely one of the ways the City continues to ensure to build a high performance organization that attracts and retains high performance employees. By completing these preemployment background checks the City is able to confirm that candidates are qualified and that their education and experience are verified. While the City’s Human Resources Department is able to keep up with most hiring needs, it is necessary to continue to retain the services of professionals to complete the background checks. The Human Resources Department has utilized Employee Relations, Inc. since contracting with them on January 31, 2020. They have the skills and ability needed to conduct and execute, time consuming and difficult background checks. Using professional services for pre-employment background checks as an industry standard enables the City to stay competitive in today’s labor market. #8..
- 589 -
Finance Committee, August 21, 2023
Third Amendment to Professional Services for Pre-employment Background Checks

Page 2 of 3 ends

DISCUSSION:

The Human Resources Department executed the first amendment with Employee Relations which was executed on March 4,2022, to increase funds from $24,000 to $45,000. The second amendment was executed on May 30, 2023, to increase funds from $45,000 to $49,900. The second amendment was inaccurately labeled as the first amendment and should have been labeled as the second amendment. Based on recent yearly averages paid out that should have been sufficient funds to last through the remainder of the contract; however, with the recent escalation of new hires, an additional increase of $15,000 in funds not to exceed $64,900 is necessary to cover the remaining term of the contract. The Human Resources Department plans to start the RFP process prior to the contract period with Employee Relations, Inc., which expires January 31, 2024. The increase will provide enough funds to cover the time period for the Request for Proposals (RFP) process to be executed.

Using a dedicated professional services company has proven successful for the City.

Therefore, it is critical the City continues to retain Employee Relations, Inc. to conduct preemployment background checks for current needs. Staff recommends a third amendment for the Professional Services Agreements with Employee Relations, Inc., Glendale, CA in the amount of $64,900.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Under this exception, City staff did obtain informal bids to obtain the lowest cost. In addition, Modesto Municipal Code Section 8-3.204(c) provides that compliance with the formal bid procedures contained in Section 8-3.203 is not required when calling for bids on a competitive basis is undesirable due to exigent circumstances.

FISCAL IMPACT:

The total cost for this agreement will not exceed $64,900 for all services for the full remaining term of the agreement. Funding for any hiring services will be absorbed within vacancy savings from the given position within the applicable departments’ existing budget. Funds affected will be determined by the hiring needs over the term.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Third Amendment to the Agreement with Employee Relations, Glendale, CA for conducting Pre-Employment Background Checks to increase the not to exceed amount by $15,000 from $49,900 to a new total amount of $64,900 and forwarding to Council for approval.

Christina Alger, Director of Human Resources
#8..
- 590 -
Finance Committee, August 21, 2023
Third Amendment to Professional Services for Pre-employment Background Checks

Page 3 of 3 ends

Joseph P. Lopez, City Manager
Attachments:

1. Employee Relations Agreement

2. First Amendment for Employee Relations Agreement

3. Second First Amendment for Employee Relations Agreement

4. Third Amendment for Employee Relations Agreement

5. Exhibit A and B
#8..
- 591 -
#8..
- 592 -
#8..
- 593 -
#8..
- 594 -
#8..
- 595 -
#8..
- 596 -
#8..
- 597 -
#8..
- 598 -
#8..
- 599 -
#8..
- 600 -
#8..
- 601 -
#8..
- 602 -
#8..
- 603 -
#8..
- 604 -
#8..
- 605 -
#8..
- 606 -
#8..
- 607 -
#8..
- 608 -
#8..
- 609 -
#8..
- 610 -
#8..
- 611 -
#8..
- 612 -

AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 Alex Mog
75408
HR
Professional Services for Pre-employment Background Checks X
Enter Council Date
Krisha Lay
X
Employee Relations, Inc.

X
#8..
- 613 -
1 FIRST AMENDMENT TO AGREEMENT
FOR EMPLOYEE RELATION, INC.

This First Amendment (“Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Employee Relations, Inc., a California corporation (hereinafter “Contractor”) entered into by the parties on this 2nd day of May, 2022, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This First Amendment to Agreement for Consultant Services is made with regard to the following recitals:

1. City and Contractor entered into an Agreement on the 31st day of January, 2020, to utilize Employee Relations, Inc. as the provider of choice for preemployment background checks.

2. City and Contractor desire to amend the Agreement for the remaining term of the contract, through January 31, 2024.

3. City and Contractor desire to amend the provisions of the Agreement to increase the estimated annual amount paid for services furnished by the Contractor, as defined in the Agreement.

4. All other provisions of the Agreement shall remain in effect.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this Amendment to Agreement, the parties agree as follows:

1. Pursuant to Section 3, “COMPENSATION,” is hereby amended to read as follows:

DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 #8..
- 614 -
2 Consultant agrees to accept a sum not to exceed FORTY FIVE THOUSAND DOLLARS ($45,000.00) as full remuneration for performing all services called for in Exhibit “A” by Consultant of all its services under this Agreement.

The Compensation shall be paid pursuant to Exhibit “B” fee schedule, not to exceed FORTY FIVE THOUSAND DOLLARS ($45,000.00).

2. The parties to this contract further understand and agree that except as modified by this First Amendment to the Agreement, all other provisions of the Agreement between the parties dated January 31, 2020, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk on the 2nd day of May, 2022, and CONTRACTOR has caused this Agreement to be duly executed in duplicate as of the Effective Date.

DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 #8..
- 615 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 Employee Relations,
INC.

Stuart Barlow CEO
95-4545991
Sylvia
Danyluk
Secretary
6/2/2022
#8..
- 616 -
DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 #8..
- 617 -

THIS LICENSE SHALL NOT ENTITLE LICENSEE TO OPERATE THIS BUSINESS

WITHOUT COMPLYING WITH ALL REQUIREMENTS OF THE MODESTO MUNICIPAL CODE AND ALL STATE, FEDERAL, LOCAL AND ANY OTHER APPLICABLE LAWS.

IT HAS BEEN ISSUED WITHOUT VERIFICATION THAT THE LICENSEE IS SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNIA.

City of Modesto
P.O Box 3442
Modesto, CA 95353
Business License Certificate

DIRECTOR OF FINANCE
DeAnna Christensen

THIS LICENSE IS EVIDENCE THAT THE FEES REQUIRED UNDER TITLE VI OF

THE MUNICIPAL CODE HAVE BEEN PAID TO THE CITY OF MODESTO FOR THE

CONDUCT AND OPERATION OF THE BUSINESS AT THE PREMISES, AND BY THE PERSON OR FIRM INDICATED BELOW.
* MUST BE DISPLAYED IN PUBLIC VIEW

INFORMATIONAL

NON-TRANSFERABLE - VOID IF ALTERED
Account Number 1300933 Expiration Date 12/31/2022

SYLVIA DANYLUK
EMPLOYEE RELATIONS, INC.
450 N BRAND BLVD # 600
GLENDALE, CA 91203-2345
Business Type
Business Location
Owner(s)
* NOT AN ENDORSEMENT BY THE CITY
MISC. SERVICES
EMPLOYEE RELATIONS, INC.
* VOID IF TAX PAYMENTS NOT KEPT CURRENT
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: C52FEA94-73E1-44D0-B337-478D4321D517 #8..
- 618 -
#8..
- 619 -
#8..
- 620 -
#8..
- 621 -
#8..
- 622 -
#8..
- 623 -
1 THIRD AMENDMENT TO AGREEMENT

FOR PRE-EMPLOYMENT BACKGROUND CHECKS WITH
EMPLOYEE RELATION, INC.

This Third Amendment to the Agreement for Pre-Employment Background Checks (the “Third Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California hereinafter referred to as “City” and Employee Relations, Inc., a California corporation hereinafter referred to as “Consultant” entered into by the parties on this __ day of ________, 2023, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This Third Amendment is made with regard to the following recitals:

WHEREAS, City and Consultant entered into an Agreement for Pre-Employment Background Checks dated January 31, 2020 (the “Original Agreement”), and WHEREAS, City and Consultant entered into a first amendment to the Original Agreement dated March 4, 2022, in order to increase the previously approved amount from $24,000 to $45,000; and
WHEREAS, City and Consultant entered into a second amendment to the Original Agreement dated May 30, 2023, in order to increase the previously approved amount from $45,000 to $49,900; and
WHEREAS, City and Consultant desire to amend the Original Agreement for the remaining term of the contract, through January 31, 2024, and WHEREAS, City and Consultant desire to amend the Original Agreement by increasing the previously approved amount from $49,900 to $64,900. #8..
- 624 -
2 NOW, THEREFORE, in consideration of this Third Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Third Amendment, the parties agree as follows:

1. Section 3, “COMPENSATION,” of the Original Agreement is deleted and replaced in its entirety as follows:
“Consultant agrees to accept a sum not to exceed SIXTY-FOUR THOUSAND NINE HUNDRED DOLLARS ($64,900.00) as full remuneration for performing all services called for in Exhibit “A” by Consultant of all its services under this Agreement.

The Compensation shall be paid pursuant to Exhibit “B” fee schedule, not to exceed SIXTY-FOUR THOUSAND NINE HUNDRED DOLLARS ($64,900.00).”

2. The parties to this contract further understand and agree that except as modified by this Third Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Third Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No.______, on _____________, and Employee Relations Inc. has caused this Third Amendment to be duly executed in duplicate as of the Effective Date. #8..
- 625 -
#8..
- 626 -
#8..
- 627 -
#8..
- 628 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 21, 2023
Date: July 28, 2023
TO: Finance Committee
David Wright
Rose Escutia-Braaton
Nick Bavaro
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Executive Level Recruitment Services CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider Agreements for Executive Level Recruitment Services with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA; Koff and Associates, a Gallagher Company, Berkeley, CA; and Neher and Associates, Sacramento, CA in a total amount between all Agreements combined not to exceed $343,000 over five years and forwarding to Council for approval. (Funding Source: Various Funds).

STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High Performance Employees
BACKGROUND:

Local governments across the state, including the City of Modesto, are experiencing persistent challenges attracting and retaining talent in managerial and leadership roles. Consequently, the City is confronted with operating without key leadership for intermittent periods while the recruitment and selection process occurs.

Talent for these positions is highly sought after as most local governments compete for the same highly qualified candidates. This results in a highly competitive, time consuming and difficult recruitment process. While the City’s Human Resources Department is able to keep up with most recruitment needs, it is necessary to utilize the services of professional recruitment firms for high level searches.
#9..
- 629 -
Finance Committee, August 21, 2023
Agreements for Executive Recruitment Services

Page 2 of 3 ends

Executive recruitment firms have the skill, ability and focus needed to conduct highly competitive, time consuming and difficult recruitments. These firms have wide networks of followers and an overall wide reach in the labor market. These qualifications enhance the City’s ability to attract and hire the right talent for key positions.

Using an executive recruitment firm for high level and difficult-to-fill vacancies is industry standard and enables the City to stay competitive in today’s labor market. Using a dedicated recruitment firm has proven successful for the City. Therefore, it is critical the City retain the services of executive recruitment firms for current and future needs.

On September 7, 2021, Council approved Professional Services Agreements with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; Gallagher Benefit Services, Inc., Berkeley, CA; Avery Associates, Los Gatos, CA; and Peckham and McKenney, Roseville, CA by Resolution No. 2021-347, to conduct citywide executive recruitment services on an as needed basis, for a two year contract with three optional years of extension for a potential five-year agreement for various recruitment services at the sole discretion of the City, in an amount not to exceed $343,000 over five years. All Professional Services Agreements are set to expire on October 2, 2023. The City has the ability to extend these contracts but prefers to establish a new pool of recruitment firms.

DISCUSSION:

Previously, the City engaged an executive recruitment firm after becoming aware of a vacancy.

Engaging such a firm after a vacancy delays the already cumbersome recruitment process, by adding the procurement of a recruiter. In an effort to streamline our time to hire and be more efficient in our hiring process, the Human Resources Department is seeking to establish a list of executive recruitment firms that can be used immediately.

With City Manager approval, the Human Resources Department solicited competitive Request for Qualifications (RFQ’s) from thirteen executive recruitment firms and received five respondents. All proposals have been reviewed and staff recommends contracts with all five responding firms. Agreements with multiple firms will afford the City the specialized expertise needed to address the various vacancies that arise during the term of these agreements. The five selected firms have extensive experience conducting specialized recruitments in local government.

Staff recommends the Agreements for Executive Level Recruitment Services to Ralph Andersen & Associates, Rocklin, CA in the amount of $150,000; CPS HR Consulting, Inc., Sacramento, CA in the amount of $54,000; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA in the amount of $53,000; Koff and Associates, a Gallagher Company, Berkeley, CA in the amount of $50,000; and Neher and Associates, Sacramento, CA in the amount of $36,000 unless additional remuneration is otherwise approved by the City Manager or his designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed $343,000 over five years.

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the Agreement is for Professional Services and, therefore, exempt from the bidding requirement. The approval for the recruitment services to various recruitment firms conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing Professional Services for executive recruitments.
#9..
- 630 -
Finance Committee, August 21, 2023
Agreements for Executive Recruitment Services

Page 3 of 3 ends

FISCAL IMPACT:

For the current agreements, the City has expended approximately $244,099 over the last three years. Below is a table that summarizes the three-year spending activity.

Executive Recruiter Firm Fiscal Year 21-22 Fiscal Year 22-23 Fiscal Year 23-24 Total Ralph Andersen $ 70,000 $ 14,000 $ - $ 84,000
Avery $ 44,383 $ - $ 3,216 $ 47,599
CPS-HR Consulting $ 25,000 $ 19,000 $ - $ 44,000
Koff/Gallagher $ - $ 42,000 $ - $ 42,000
Peckham & McKenney $ - $ 26,500 $ - $ 26,500
Total Spent $ 139,383 $ 101,500 $ 3,216 $ 244,099
The total cost for the new agreements will not exceed $343,000 for all services for the full term of the agreements. Funding for any recruitment services will be absorbed within vacancy savings from the given position within the applicable departments’ existing budget. Funds affected will be determined by the recruitment needs over the term.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Agreements for Executive Level Recruitment Services to Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA; Koff and Associates, a Gallagher Company, Berkeley, CA; and Neher and Associates, Sacramento, CA to conduct Citywide Executive Level Recruitment Services, on an as needed basis, for a two (2) year Agreement with three (3) one-year extension options, at the sole discretion of the City, for an annual estimated average amount of $81,366 in an amount not to exceed $343,000 over five years for the combined total of all Agreements and forwarding to Council for approval.

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Professional Services Agreements (5)

2. Proposal for Executive Level Recruitments (5)
#9..
- 631 -
-1-

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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 CPS HR CONSULTING , a California Joint Powers Authority, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that it needs assistance conducting recruitments for various executive level positions for all departments on an as needed basis for a term.

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective for a term of September 1, 2023 to September 1, 2025 with the option to extend on an annual basis for up to three (3) additional years at the #9..
- 632 -
-2-
sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept an amount not to exceed FIFTY-FOUR THOUSAND DOLLARS ($54,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed THREE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($343,000.00) for the term of this Agreement.

Per Exhibit “A”, Consultant search efforts will be tailored to meet the unique needs of each recruitment and shall follow the Project Cost schedule listed in Exhibit “A”.

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 outof-pocket costs paid by Consultant in connection with work performed on this project. #9..
- 633 -
-3-

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 Ms. Melissa Asher 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
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 the scope of this Agreement without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual #9..
- 634 -
-4-
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 this Agreement.

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 City through the City Manager.

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #9..
- 635 -
-5-
work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

10. INDEPENDENT CONTRACTOR.

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

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

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

Consultant is permitted to provide services to others during the same period service is provided #9..
- 636 -
-6-
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.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #9..
- 637 -
-7-
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 receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: CPS HR Consulting
Address: 2450 Del Paso Road, Suite #220
Sacramento, CA 95834
Attention: Ms. Melissa Asher
Phone: (916) 471-3358
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126

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 #9..
- 638 -
-8-
City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
#9..
- 639 -
-9-
(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 of $2,000,000. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special 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 #9..
- 640 -
-10-
deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #9..
- 641 -
-11-
Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such 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, #9..
- 642 -
-12-
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 Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #9..
- 643 -
-13-
contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to #9..
- 644 -
-14-
person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

18. DISPUTE RESOLUTION.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding #9..
- 645 -
-15-
resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved. #9..
- 646 -
-16-
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #9..
- 647 -
-17-
or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#9..
- 648 -
-18-

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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No._______, adopted by the Council of the City of Modesto on the _________ day of _______________, 2023, and CPS HR Consulting caused this Agreement to be duly executed.
#9..
- 649 -
-1-

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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 GVP Ventures, Inc. dba BOB MURRAY & 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 it needs assistance conducting recruitments for various executive level positions for all departments on an as needed basis for a term.

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.

2. TERM OF AGREEMENT.

This Agreement is effective for a term of September 1, 2023 to September 1, 2025 with the option to extend on an annual basis for up to three (3) additional years at the #9..
- 650 -
-2-
sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept an amount not to exceed FIFTY-THREE THOUSAND DOLLARS ($53,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed THREE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($343,000.00) for the term of this Agreement.

Per Exhibit “A”, Consultant search efforts will be tailored to meet the unique needs of each recruitment and shall follow the Project Cost schedule listed in Exhibit “A”.

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.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Ms. Valerie Gaeta Phillips, Mr.

Gary Phillips and Mr. Bryan Hill will be the persons 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.

Title to Data
#9..
- 652 -
-4-
If, as a part of this 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 this Agreement.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for City or Consultant to modify the scope #9..
- 653 -
-5-
of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

10. INDEPENDENT CONTRACTOR.

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. #9..
- 654 -
-6-
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.

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 without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.
#9..
- 655 -
-7-
Unless otherwise expressly provided in this Agreement, 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.

FOR CONSULTANT: Name: Bob Murray & Associates
Address: 1544 Eureka Road, Suite 280
Roseville, CA 95661
Attention: Ms. Valerie Gaeta Phillips
Phone: (916) 784-9080
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126

14. INSURANCE REQUIREMENTS.
#9..
- 656 -
-8-
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 non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of #9..
- 657 -
-9-
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 of $2,000,000. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #9..
- 658 -
-10-
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 this Agreement is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
#9..
- 659 -
-11-
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by Consultant for Default of City
Should City default in the performance of this Agreement or materially breach any of its provisions, at its option, Consultant may terminate this Agreement by giving written notification to City. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of Consultant's property by City, dishonesty or theft.

Termination by Consultant for Convenience
The Consultant may also terminate this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Consultant is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or whenever the Consultant is prohibited from completing the Work for any reason, or upon a determination by the Consultant that such termination is in the best interest and convenience of the Consultant . The Consultant shall #9..
- 660 -
-12-
provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall provide the City with consultation with the Consultant prior to termination.

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

16. CERTIFIED PAYROLL REQUIREMENT.
#9..
- 662 -
-14-
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

18. DISPUTE RESOLUTION.

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

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

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
#9..
- 664 -
-16-
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any #9..
- 665 -
-17-
article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #9..
- 666 -
-18-
or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#9..
- 667 -
-19-

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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No._______, adopted by the Council of the City of Modesto on the _________ day of _______________, 2023, and GVP Ventures, Inc. dba Bob Murray & Associates caused this Agreement to be duly executed.
5382063.1
#9..
- 668 -
-1-

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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, NEHER & ASSOCIATES, a Limited Liability Company, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that it needs assistance conducting recruitments for various executive level positions for all departments on an as needed basis for a term.

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.

2. TERM OF AGREEMENT.

This Agreement is effective for a term of September 1, 2023 to September 1, 2025 with the option to extend on an annual basis for up to three (3) additional years at the #9..
- 669 -
-2-
sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept an amount not to exceed THIRTY-SIX THOUSAND DOLLARS ($36,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed THREE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($343,000.00) for the term of this Agreement.

Per Exhibit “A”, Consultant search efforts will be tailored to meet the unique needs of each recruitment and shall follow the Project Cost schedule listed in Exhibit “A”.

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.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mr. Robert Neher, Jr. will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual #9..
- 671 -
-4-
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 this Agreement.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #9..
- 672 -
-5-
work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

10. INDEPENDENT CONTRACTOR.

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

Consultant is permitted to provide services to others during the same period service is provided #9..
- 673 -
-6-
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.

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 without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #9..
- 674 -
-7-
performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

FOR CONSULTANT: Name: Neher & Associates LLC
Address: 3790 Millerton Place
West Sacramento, CA 95691
Attention: Robert Neher Jr.

Phone: (916) 443-2421
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126

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 #9..
- 675 -
-8-
City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
#9..
- 676 -
-9-
(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 of $2,000,000. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special 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 #9..
- 677 -
-10-
deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #9..
- 678 -
-11-
Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such 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, #9..
- 679 -
-12-
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 Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or #9..
- 680 -
-13-
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. CERTIFIED PAYROLL REQUIREMENT.

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 #9..
- 681 -
-14-
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.

18. DISPUTE RESOLUTION.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding #9..
- 682 -
-15-
resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved. #9..
- 683 -
-16-
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #9..
- 684 -
-17-
or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#9..
- 685 -
-18-

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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No._______, adopted by the Council of the City of Modesto on the _________ day of _______________, 2023, and Neher & Associates, a Limited Liability Company caused this Agreement to be duly executed.
5374544.1
#9..
- 686 -
-1-

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT (“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 KOFF AND ASSOCIATES, A DIVISION OF GALLAGHER BENEFIT SERVICES, INC., a Delaware Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that it needs assistance conducting recruitments for various executive level positions for all departments on an as needed basis for a term.

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.

2. TERM OF AGREEMENT.

This Agreement is effective for a term of September 1, 2023 to September 1, 2025 with the option to extend on an annual basis for up to three (3) additional years at the #9..
- 687 -
-2-
sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept an amount not to exceed FIFTYTHOUSAND DOLLARS ($50,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed THREE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($343,000.00) for the term of this Agreement.

Per Exhibit “A”, Consultant search efforts will be tailored to meet the unique needs of each recruitment and shall follow the Project Cost schedule listed in Exhibit “A”.

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.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mr. Frank Rojas 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.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual #9..
- 689 -
-4-
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 this Agreement.

Notwithstanding the foregoing, Consultant will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the City was used to create and which was developed entirely using Consultant’s own resources. To the extent Consultant’s intellectual property is necessary for the City to use the services provided, Consultant will grant to the City a non-exclusive, royalty-free license to Consultant’s intellectual property solely for the City’s use of such services.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such #9..
- 690 -
-5-
interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

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

10. INDEPENDENT CONTRACTOR.

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

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.
#9..
- 691 -
-6-
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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.
#9..
- 692 -
-7-
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, 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.

FOR CONSULTANT: Name: Koff & Associates, A division of Gallagher Benefit Services, Inc.

Address: 2835 Seventh Street
#9..
- 693 -
-8-
Berkeley, CA 94710
Attention: Mr. Frank Rojas
Phone: (510) 495-0448
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126

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. Any cancelled or non-renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided to the City.

The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; products and completed operations as applicable. #9..
- 694 -
-9-
(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 of $2,000,000. If coverage is on a claim made basis it shall be maintained for at least two (2) years following completion of the work.

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 the General Liability insurance policy required herein. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's General Liability insurance policy shall include a provision that the General Liability 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:VI 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 this Agreement is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONSULTANT shall provide CITY with a Workers #9..
- 695 -
-10-
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 General Liability insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for #9..
- 696 -
-11-
convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such 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;
#9..
- 697 -
-12-
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #9..
- 698 -
-13-
previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY AND LIMITATION OF LIABILITY.

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 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.
#9..
- 699 -
-14-
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.

Consultant’s liability to the City and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited to the amount of the total fees due to Consultant from City for the particular project giving rise to the claim. NOTWITHSTANDING ANYTHING TO THE

CONTRARY IN THIS AGREEMENT, CONSULTANT SHALL NOT BE LIABLE FOR ANY

SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES

SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.

18. DISPUTE RESOLUTION.

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

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of #9..
- 701 -
-16-
law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #9..
- 702 -
-17-
except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

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

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#9..
- 703 -
-18-

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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #9..
- 704 -
-19-
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No.____, adopted by the Council of the City of Modesto on the _________ day of _______________, 2023, and Koff and Associates, a division of Gallagher Benefit Services, Inc., caused this Agreement to be duly executed. 5374533.1
#9..
- 705 -
-1-

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
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 RALPH ANDERSEN & 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 it needs assistance conducting recruitments for various executive level positions for all departments on an as needed basis for a term.

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.

2. TERM OF AGREEMENT.

This Agreement is effective for a term of September 1, 2023 to September 1, 2025 with the option to extend on an annual basis for up to three (3) additional years at the #9..
- 706 -
-2-
sole discretion of the City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept an amount not to exceed ONE HUNDRED AND FIFTY-THOUSAND DOLLARS ($150,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under the term of this Agreement unless additional remuneration is otherwise approved by the City Manager or designee based on City recruitment needs so long as the total executive recruitment needs citywide does not exceed THREE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($343,000.00) for the term of this agreement.

Per Exhibit “A”, Consultant search efforts will be tailored to meet the unique needs of each recruitment and shall follow the Project Cost schedule listed in Exhibit “A”.

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.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mr. Robert Burg 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.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual #9..
- 708 -
-4-
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 Agreement.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #9..
- 709 -
-5-
work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

10. INDEPENDENT CONTRACTOR.

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

Consultant is permitted to provide services to others during the same period service is provided #9..
- 710 -
-6-
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.

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 without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

All pictures will be the responsibility of the City. The City will be responsible for ensuring that there are no copyright restrictions on the photographs supplied to #9..
- 711 -
-7-
Consultant and that the City will agree to pay any and all related charges or fines related to any photographs supplied by the City if a copyright violation is incurred either during the search itself or subsequently.

13. NOTICES.

FOR CONSULTANT: Name: Ralph Andersen & Associates
Address: 5800 Stanford Ranch Road, Suite 410
Rocklin, CA 95765
Attention: Mr. Robert Burg
Phone: (916) 630-4900
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Christina Alger, Director of Human Resources Phone: (209) 577-5126

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 #9..
- 712 -
-8-
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 non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #9..
- 713 -
-9-
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 of $2,000,000. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with #9..
- 714 -
-10-
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 this Agreement is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
#9..
- 715 -
-11-
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not #9..
- 716 -
-12-
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 Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
#9..
- 717 -
-13-
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. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.
#9..
- 718 -
-14-
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.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
#9..
- 719 -
-15-
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of #9..
- 721 -
-17-
or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#9..
- 722 -
-18-

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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under the authority of Resolution No. ____, adopted by the Council of the City of Modesto on the __day of _______________, 2023, and Ralph Andersen & Associates caused this Agreement to be duly executed.
5374555.1
#9..
- 723 -

PROPOSAL
City of Modesto
Executive Level Search Firm
RFP
Due: Friday, April 28, 2023
5:00 P.M. PST
Your Path to Performance
SUBMITTED BY:

MELISSA ASHER
Sr. Practice Leader, Products and Services
CPS HR Consulting
2450 Del Paso Road, Suite 220
Sacramento, CA 95834
P: 916-471-3358
[email protected]
Tax ID: 68-0067209
www.cpshr.us
#9..
- 724 -
2450 Del Paso Road, Suite 220 Sacramento, CA 95834 www.cpshr.us Tax ID: 68-0067209 April 28, 2023
Kelly Rice-Ortiz, Executive Assistant
City of Modesto
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Submitted via email to: [email protected]
Subject: RFP Executive Level Search Firm
CPS HR Consulting (CPS HR) is pleased to have the opportunity to submit a proposal to assist the City of Modesto (City) with the recruitment and selection of various Executive level City positions on an as-needed basis. We are uniquely qualified to undertake this effort as we have vast experience in assisting public agencies with executive search, screening, and placement including our significant work with the City.

We understand that each agency is unique, and our extensive experience allows us to tailor our process to specifically meet your needs. Our work with local government agencies throughout the United States gives us an in-depth understanding of government operations, programs, and services.

CPS HR offers a broad spectrum of human resource services while delivering personalized, results-oriented services, utilizing best practice methods of recruitment and selection strategies from our team of recruitment experts. Each recruitment is an opportunity to shape and prepare your organization for the future. We understand how important this transition is for you and are perfectly placed to assist you in this endeavor. Once this project begins, we will work with the City to tailor our process to highlight this exciting opportunity and attract the best possible candidates.

It is our commitment to work in partnership with your organization to a successful result.

Thank you for the opportunity to be considered for this assignment. Should you have questions or comments about the information presented in this proposal, please contact Melissa Asher at [email protected] or (916) 471-3358.

Sincerely,
Melissa Asher
Senior Practice Leader, Products and Services
#9..
- 725 -
Proposal to City of Modesto
RFP Executive Level Search Firm

Page | i
Table of Contents
Qualifications and Experience.................................................................. 1 Partial List of Recruitments ........................................................................................ 2 References ............................................................................................................... 10 Overview of Process.................................................................................12 Key Stakeholder Involvement ................................................................................ 12 City’s Needs ............................................................................................................. 12 Commitment to Communication .......................................................................... 12 Aggressive, Proactive, and Robust Recruitment.................................................. 12 Diversity Outreach Process..................................................................................... 13 Methodology and Scope of Work ......................................................................... 14 Phase I - Develop Candidate Profile & Recruitment Strategy ............................ 15 Phase II – Aggressive, Proactive, and Robust Recruitment................................. 16 Phase III – Selection ................................................................................................. 17 Proposed Timeline.....................................................................................19 Professional Fees .......................................................................................20 Professional Services................................................................................................ 20 One-Year Service Guarantee ................................................................................ 20 Principal Staff.............................................................................................21 Our Executive Recruiting Team.............................................................................. 21 Team Biographies.................................................................................................... 21 Project Management and Communication ........................................................ 25 About CPS HR Consulting.........................................................................26 Sample Recruitment Brochure................................................................28 Additional Services ...................................................................................33 List of Clients/Past Recruitments..............................................................34 #9..
- 726 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 1
Qualifications and Experience
Recruitment Experts
CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non-profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency’s unique needs. Our wealth of recruitment experience has been gained through more than 20 years of placing executive and mid-level executives in public agencies throughout the United States.

Reasons to choose CPS HR include:
 Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive-level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors.
 Focus on Diversity Recruiting. In the past three years, 57% of the candidates placed by CPS HR are female, members of ethnic minorities or both. To continue this trend, CPS HR is constantly assessing the best methods for reaching the broadest network of possible candidates. To that end, we have just signed a contract with Zoom Info, a new sourcing platform, that includes a diversity sourcing filter.
 Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive-level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience.
 Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics.
 Success Recruiting Non-Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates.
 Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive-level positions. We #9..
- 727 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 2
utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals.
 Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship.  Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 91% of our placements are still in their position after two years.

Partial List of Recruitments
Over the past five years, CPS HR has placed approximately 500 public sector professionals in executive and middle management roles throughout the United States.

Our retention rate for candidates is 95% over the past three years. Following is a partial list of recent placements.

Agency Title Year Completed
City of Madera, CA Public Works Operations Director 2023 City of Madera, CA Director of Financial Services 2023
North Texas Municipal Water
District, TX
General Counsel 2023
Selma-Kingsbury-Fowler Sanitation
District, CA
General Manager 2023
City of South Gate, CA Risk Manager 2023
City of Tampa, FL Purchasing Director 2023
Regional Transportation
Commission of Washoe County, NV
Administrative Services Director 2023
City of Tucson, AZ Business Services Director 2023
County of Inyo, CA Deputy Director for Public Health and Prevention
2023
City of Aurora, CO City Auditor 2023
City of Farmers Branch, TX Police Chief 2023
City of San Diego, CA Community Engagement Coordinator 2023 Seattle City Light, WA Talent Acquisition Manager 2023
City of Aurora, CO Fire Chief 2023
County of Orange Social Services
Agency, CA
Chief Deputy Director 2023
#9..
- 728 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 3
Agency Title Year Completed
East Bay Regional Park District Assistant General Manager – Acquisition, Stewardship & Development
2023
East Bay Regional Park District Assistant General Manager – Operations 2023 County of Johnson, KS Director of Facilities 2023
City of Cincinnati, OH Police Chief 2022
City of Oklahoma City, OK Total Rewards Manager 2022
City of Oklahoma City, OK Assistant Director of Development Services
2022
Las Vegas Valley Water District, NV Director of Risk Management 2022 City of Costa Mesa, CA Telecommunications Manager 2022
City of Bozeman, MT Community Development Director 2022 City of Flagstaff, AZ Water Services Director 2022
City of San Carlos, CA Assistant Community Development
Director
2022
Contra Costa County, CA Human Resources Manager 2022
County of Johnson, KS Human Resources Director 2022
Southern California Fair (46th District
Agricultural Association, CA
Chief Executive Officer 2022
Long Beach Transit, CA Comptroller 2022
Indian Wells Valley Water District,
CA
General Manager 2022
All Mission Housing Authority, CA Executive Director 2022 Housing Authority of San Bernardino
County, CA
Director of Development 2022
City of San Jose, CA Industrial Safety Officer 2022
County of Riverside, CA Assistant Director of Public Social Services 2022 City of Bakersfield, CA Assistant Economic Development Director 2022 San Diego County Water Authority,
CA
General Counsel 2022
City of Fort Worth, TX City Auditor 2022
Santa Clara Valley Transportation
Authority, CA
Chief People Officer 2022
Utah Transit Authority, UT Chief Communication Officer 2022 City of Scottsdale, AZ Executive Director of Planning 2022 County of Santa Clara, CA Deputy Director of Procurement 2022 County of Santa Clara, CA Director of Procurement 2022
Napa-Vallejo Waste Management
Authority, CA
Executive Director 2022
City of Fort Worth, TX Assistant Director of Human Resources 2022 City of Bozeman, MT Finance Director 2022
#9..
- 729 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 4
Agency Title Year Completed
Oakland Housing Authority, CA Assistant Director of Finance 2022 City of Greeley, Greeley Fire
Department, CO
Division Chief of Operations 2022
City of Oklahoma City, OK Assistant City Manager 2022
COW Palace, CA Chief Executive Officer 2022
City of San Diego, CA Chief Operating Officer 2022
Sound Transit, WA Chief Executive Officer 2022
Marin County Probation
Department, CA
Assistant Chief Probation Officer 2022
Mid-Peninsula Water District, CA Assistant General Manager 2022 Long Beach Transit, CA Manager, Government Relations 2022 California Transit Training Coalition Executive Director 2022 Marin County Department of Health
and Human Services, CA
Public Information Officer/Media Manager 2022
Douglas County Public Library, NV Library Director 2022 Marin County Department of Health
and Human Services, CA
Chief Strategic Officer 2022
County of Trinity, CA Director of Transportation 2022
Contra Costa County, CA Assistant Clerk-Recorder 2022
City of Rialto, CA Director of Finance 2022
Reclamation District #900, CA General Manager 2022
Foothill-DeAnza Community College
District, CA
Vice Chancellor for Human Resources and
Equal Opportunity
2022
City of Aurora, CO Diversity, Equity and Inclusion Officer 2022 City of Oklahoma City, OK Development Services Director 2022 City of Oklahoma City, OK Assistant Director of Parks & Recreation 2022 City of San Diego, CA Planning Director 2022
Texas Recreation & Park Society, TX Executive Director 2022 City of Livingston, CA Public Services Director (Partial Recruitment)
2022
City of Livingston, CA Police Chief (Partial Recruitment) 2022 City of Livingston, CA Finance Director (Partial Recruitment) 2022 City of Tucson, AZ Director of Transportation & Mobility 2022 County of Imperial, CA County Executive Officer 2022
Regional Transportation
Commission of Washoe County, NV
Director of Finance 2022
First 5 California, CA Executive Director 2022
City of Rialto, CA Maintenance and Facilities Director 2022 FIRST 5 Santa Clara County, CA Diversity, Equity and Inclusion Officer 2022 #9..
- 730 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 5
Agency Title Year Completed
City of Tucson, AZ Assistant City Manager/Chief Financial Officer
2022
San Benito Superior Court, CA Court Executive Officer 2022 Douglas County Department of
Public Health, CO
Executive Director of Public Health 2022
Orange County Fire Authority, CA Director of Communications 2022 FIRST 5 Santa Clara County, CA Chief Human Resources Officer 2021 LA Metro, CA Chief People Officer 2021
LA Metro, CA Child Safety Officer 2021
City of San Bernardino, CA Diversity, Equity, and Inclusion Officer 2021 City of Golden, CO Director of Community and Economic
Development
2021
Contra Costa County, CA Public Defender 2021
City of Dayton, TX City Manager 2021
Contra Costa Mosquito and Vector
Control District, CA
Human Resources and Risk Manager 2021
Utah Transit Authority, UT Director of Internal Audit 2021 City of Simi Valley, CA City Attorney 2021
City of Albany, CA Fire Chief 2021
City of Fresno, CA Parks, After-School, Recreation &
Community Services Director
2021
Flathead County, MT Director of Planning 2021
City of League City, TX Director of Finance 2021
East Bay Regional Park District, CA Chief of Workforce Development 2021 Contra Costa County, CA Information Systems Division Director, Technical Services
2021
California Society of Municipal
Finance Officers, CA
Executive Director 2021
City of San Bernardino, CA Public Information Director 2021 City of Oklahoma City, OK Airports Director 2021
City of Oklahoma City, OK Parks & Recreation Director 2021 Contra Costa County, CA Information System Manager II 2021 Contra Costa County, CA Information Systems Manager I 2021 Superior Court of San Benito
County, CA
Chief Financial Officer 2021
City of Aurora, CO Deputy City Manager 2021
County of Marin, CA Division Director of Homelessness and Whole Person Care
2021
City of Tampa, FL Housing and Community Development
Manager
2021
#9..
- 731 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 6
Agency Title Year Completed
City of Aurora, CO Public Safety Attorney 2021
City of Costa Mesa, CA Assistant Development Services Director 2021 City of San Mateo, CA Deputy Director of Public Works 2021 City of Durango, CO Parks & Recreation Director 2021
County San Bernardino, CA Public Health Director 2021
County of Boulder, CO Parks & Open Space Director 2021
Utah Transit Authority Director of Capital Development 2021 City of Encinitas, CA Housing Services Manager 2021
City of Anaheim, CA Safety Manager 2021
City of League City, TX Fire Chief 2021
City of Elk Grove, CA Human Resources Director 2021
City of Dickinson, TX City Manager 2021
City of Lathrop, CA Police Chief 2021
City of League City, TX Director of Human Resources & Civil Service
2021
City of Dallas, TX Director of Sanitation Services 2021 Alameda-Contra Costa Transit
District, CA
Chief Financial Officer 2021
City of Oxnard, CA Assistant Chief Financial Officer 2021 First 5 Contra Costa, CA Finance and Operation Director 2021 City of Oxnard, CA IT Director 2021
Contra Costa County, CA Division Director – Enterprise Systems 2021 City of Missouri City, TX Director of Development Services 2021 City of San Mateo, CA Deputy Director of Community
Development
2021
City of Riverside, CA City Attorney 2021
City of Clayton, CA City Manager 2021
City of Marysville, CA City Manager 2021
County of Yolo, CA Assistant County Administrative Officer 2021 City of Greeley, CO Deputy City Manager 2021
Flathead County, MT County Administrator 2021
City of Missouri City, TX Fire Chief 2021
Columbia Housing Authority, MO Chief Executive Officer 2021 First 5 Santa Clara County, CA Deputy Chief of Finance 2021 Montana Public Health Institute, MT Chief Executive Officer 2021 San Mateo County Transit District,
CA
Executive Officer, Information Technology
& Telecommunications
2021
City of Amarillo, TX Assistant Solid Waste Superintendent 2021 Skagit County, WA Director of Human Resources/Risk
Management
2021
#9..
- 732 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 7
Agency Title Year Completed
City of Glendale, CA City Manager 2021
City of San Jose, CA Building Management Administrator 2021 East Bay Regional Park District, CA General Manager 2021 LA Metro, CA Chief Systems Security and Law
Enforcement
2021
East Bay Regional Park District, CA Chief of Maintenance and Skilled Trades 2021 Montgomery County, MD Chief Labor Relations Officer 2021 City of League City, TX Assistant Director of Project Management 2021 City of Scottsdale, AZ City Clerk 2021
South Coast Air Quality
Management District, CA
Diversity Equity and Inclusion Officer 2021
City of Salinas, CA City Manager 2021
City of Oxnard, CA Special Districts Manager 2021
County of Boulder, CO Housing and Human Services Director 2020 City of San Jose, CA Senior Engineer - CIP 2020
City of San Jose, CA Senior Landscape Architect 2020
City of Greeley, CO Deputy City Manager 2020
San Joaquin Council of
Governments, CA
Executive Director 2020
City of Tucson, AZ Parks and Recreation Director 2020
Arizona Behavioral Health
Corporation, AZ
Director of Housing 2020
City of San Bernardino, CA Director of Finance 2020
County of Tulare, CA IT Director 2020
Orange County LAFCO, CA Assistant Executive Officer 2020 City of Fife, WA Public Works Director 2020
City of Oxnard, CA Assistant City Attorney 2020
City of Aurora, CO City Clerk 2020
City of Aurora, CO Debt, Treasury and Investment Manager 2020 City of Vancouver, WA Deputy Finance Director 2020
City of Millbrae, CA Community Development Director 2020 City of Ontario, CA Assistant General Manager 2020
County of Prince William, VA Human Resources Director 2020 City of Redlands, CA Director, Municipal Utilities and
Engineering
2020
City of League City, TX Internal Auditor 2020
City of Carson, CA Director of Community Services 2020
County of Oakland, MI Director-Management and Budget 2020 Montgomery County, MD Head, Project Management Office 2020 #9..
- 733 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 8
Agency Title Year Completed
International City/County
Management Association (ICMA),
DC
Director, World-Wide Learning and
Professional Development
2020
City of Sheridan, CO Police Chief 2020
Contra Costa County, CA Chief Information Security Officer 2020 County of Marin, CA Assistant Director of Human Resources 2020 County of Travis, TX Administrative Services Division Director 2020 City of Shafter, CA City Manager 2020
San Mateo County Mosquito and
Vector Control District, CA
District Manager 2020
Hayward Area Recreation and Park
District, CA
General Manager 2020
California Human Development, CA Chief Executive Officer 2020 Utah Transit Authority, UT Chief Financial Officer 2020 Alderwood Water & Wastewater
District, WA
Finance Director 2020
Alderwood Water & Wastewater
District, WA
General Manager 2020
City of Berkeley, CA Director of Library Services 2020
Metropolitan Transportation
Commission, CA
General Counsel 2020
City of Reno, NV City Manager 2020
Las Gallinas Valley Sanitary District,
CA
Administrative Services Manager 2020
San Mateo County Transit District
(SamTrans), CA
Director, Contracts and Procurement 2020
City of San Bernardino, CA Director of Animal Services 2020 City of Boulder, CO Director of Transportation and Mobility 2020 City of Sacramento, CA Office of Violence Prevention Manager 2020 County of Marin, CA Chief Probation Officer 2020
City of Berkeley, CA Public Works Director 2020
Montgomery County, MD Manager III Retirement Benefits Manager 2020 County of Marin Health and Human
Services, CA
Chief Financial Officer 2020
Contra Costa County, CA Deputy Clerk Recorder 2020
Union Sanitary District, CA CFO/Business Services Workgroup Manager
2020
Cooperative Agricultural Support
Services Authority, CA
Executive Officer 2020
First 5 Contra Costa, CA Deputy Director 2020
County of Nevada, CA Director of Social Services 2020
#9..
- 734 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 9
Agency Title Year Completed
County of Nevada, CA County Librarian 2020
City of Millbrae, CA Finance Director 2020
North Central Regional Transit
District, NM
Strategic Initiatives & Planning Manager 2020
City of McAllen, TX Deputy Director of Public Works 2020 City of Anaheim, CA Deputy Planning Director 2020
City of Fullerton, CA Accounting Supervisor 2020
County of Nevada, CA Assistant Auditor-Controller 2020
City of Amarillo, TX Assistant Solid Waste Superintendent 2020 City of Long Beach, CA Director of Parks, Recreation & Marine 2020 Galveston Island Park Board of
Trustees, TX
Chief Financial Officer 2020
City of Tucson, AZ Deputy Director of Housing and
Community Development
2020
County of Santa Clara, CA Chief Procurement Officer 2020 City of Bozeman, MT City Manager 2020
City of Amarillo, TX Drainage Utility Superintendent 2020 City of Sugar Land, TX Intelligent Transportation Systems Manager
2020
City of Dallas, TX Chief Information Officer 2020
City of Bakersfield, CA Economic Development Director 2020 Alameda County Office of
Education, CA
Executive Director, Human Resources 2020
City of Oxnard, CA Assistant Public Works Director 2020 Florin Resources Conservation
District, CA
Program Manager 2020
City of Dallas, TX Parks & Recreation Director 2020
City of Tampa, FL Neighborhood Empowerment
Administrator
2020
County of San Joaquin, CA Director of Human Resources 2020 City of Avondale, AZ Director of Economic Development 2020 City of Hollister, CA City Manager 2020
Santa Clara Valley Habitat Agency,
CA
Land and Resource Management Specialist 2020
City of Tampa, FL Sustainability and Resilience Director 2020 Mountain View Sanitary District, CA Environmental Services Manager 2020 Community Transit, CA Director of Planning and Development 2020 City of Las Vegas, NV Youth Development and Social Innovation Director
2020
#9..
- 735 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 10
Agency Title Year Completed
City of Austin, TX Assistant Director, Customer & Employee Services
2020
City of Oxnard, CA Purchasing Manager 2020
County of Montgomery, MD Chief, Behavioral Health and Crisis Services (Outreach only)
2020
County of Montgomery, MD Chief, Aging and Disability Services (Outreach only) 2020
County of Sierra, CA Chief Deputy Auditor 2020
City of Berkeley, CA Director of Health, Housing and
Community Services 2020
City of Aurora, CO Public Safety Center Director 2020
LA County METRO, CA Deputy Executive Officer, System Security & Law Enforcement 2020
City of Bell, CA Community Development Director 2020
County of Clark, NV Assistant Director of Social Services 2020 References
Provided below is a partial list of clients we have recently worked with in providing similar executive recruitment services. We are confident that these public-sector clients will tout our responsiveness and ability to successfully place candidates that were a good fit for their organization’s needs.

CLIENT/POSITIONS CONTACT(S)
City of Lathrop
390 Towne Centre Dr.

Lathrop, CA 95330
Chief Human Resources Officer (2022)
Police Chief (2021)
Steven Salvatore, City Manager
(209) 992-0014
[email protected]
City of Madera
205 West 4th Street
Madera, CA 93637
Finance Director (2023)
Public Works Operations Director (2023)
Wendy Silva, Director of Human Resources
(559) 661-5481
[email protected]
#9..
- 736 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 11

CLIENT/POSITIONS CONTACT(S)
County of San Joaquin
44 North San Joaquin Street
Third Floor, Suite 330
Stockton, CA 95202
County Counsel (Current)
Jennifer Goodman, Human Resources Director
(209) 953-7325
[email protected]
County of Stanislaus
1010 10th Street #6800
Modesto, CA 95354
Community Services Agency Director (2021)
Director of Environmental Services (2021)
Multiple Recruitments in prior years
Tamara Thomas, Human Resources Director
(209) 558-3062
[email protected]
#9..
- 737 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 12
Overview of Process
Key Stakeholder Involvement
The appointing authority and/or City representatives on behalf of the City of Modesto must be intimately involved in the search for a new Incumbent. Our approach assumes their direct participation in key phases of the search process. At the discretion of the appointing authority and/or City representatives, other key stakeholders may also be invited to provide input for the development of the candidate profile.

City’s Needs
A critical first step in a successful executive search is for the appointing authority and/or City representativesto define the professional and personal qualities required of the Incumbent. CPS HR has developed a very effective process that will permit the appointing authority and/or City representatives to clarify the preferred future direction for the City; the specific challenges the City is likely to face in achieving this future direction; the working style and organizational climate the appointing authority and/or City representatives wish to establish with the Incumbent; and ultimately, the professional and personal qualities required of the Incumbent.

Commitment to Communication
Throughout the recruitment process, we are strongly committed to keeping you fully informed of our progress. We will collaborate with you to provide updates on the status of the recruitment via your preferred method of communication (phone conference, email, etc.).

We place the highest level of importance on customer service and responding in a timely manner to all client and candidate inquiries. Our previous clients and candidates have expressed a sincere appreciation for our level of service and responsiveness to the management of the recruitment process. As a result, we have many long-term relationships with clients that have led to opportunities to assist them with multiple recruitments.

CPS HR’s communication continues once you have selected the new Incumbent. We will contact the appointing authority and/or City representatives and the newly appointed Incumbent within six months of appointment to ensure an effective transition has occurred.

Aggressive, Proactive, and Robust Recruitment
We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. #9..
- 738 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 13
Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates.

We use advertisements, directly email the outreach brochure, post messages and connect with potential candidates on business media such as LinkedIn, and of course, pick up the phone and call qualified individuals and referral sources.

Diversity Outreach Process
CPS HR strives to attract the most highly qualified, diverse candidate pool possible. We are pleased that our diligent efforts have resulted in more than 57% of our executive level placements being people of color and/or female candidates within the past three years.

We accomplished this by advertising with organizations like the National Forum for Black Public Administrators and the Local Government Hispanic Network in order to reach these specific population groups. We also seek candidate referrals from local subject matter experts and the national leadership of groups like Women Leading Government. By taking the time to directly contact these influential industry experts, we ensure that we capture the maximum number of distinguished candidates – particularly those who are well-known in their industries, but who may not be actively looking for a new job.

The result is incredibly diverse candidate pools. Our clients have been quite pleased with our process and end results.
#9..
- 739 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 14
Methodology and Scope of Work
Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of a new Incumbent uniquely suited to the City's needs. CPS HR can perform Outreach Only or Partial Recruitment services if a Full Recruitment is not currently needed by the City.

Phase I: Our consultant will meet with the appointing authority and/or City representatives to ascertain the City’s needs and ideal candidate attributes, to target our search efforts, and maximize candidate fit with the City.

Phase II: The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with contacts with qualified individuals from our extensive database.

Phase III: The selection process is customized for the City. CPS HR will work with the appointing authority and/or City representatives to determine the process best suited to the City of Modesto.

Below is a breakdown of the services included in each recruitment option.

Task Description Outreach Partial Full
Phase I - Develop Candidate Profile and Recruitment Strategy 1 Finalize Schedule X X
2 Hold Key Stakeholder Meetings X X X
3 Develop Candidate Profile X X X
4 Develop Recruitment Brochure X X X
Phase II – Aggressive, Proactive, and Robust Recruitment 1 Place Ads X X X
2 Identify and Contact Potential Candidates X X X
3 Review Application Materials X X
4 Conduct Screening Interviews X X
5 Submit Client Report X X
6 Client Meeting to Select Semifinalists X X
Develop
Candidate
Profile and
Recruitment
Strategy
Phase I
Aggressive,
Proactive, and
Robust
Recruitment
Phase II
Selection
Phase III
#9..
- 740 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 15
7 Notify Candidates X X
Phase III – Selection
1 Prepare Assessment X
2 Schedule Candidates; Coordinate Travel X
3 Prepare Evaluation manuals X
4 Facilitate Finalist Selection Process X
5 Conduct Reference and Background
Checks
X
6 Assist in Negotiation (if requested) X
The first step in this engagement is a thorough review of the City’s needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face a new Incumbent.

Activities will include:
 Identifying key priorities for the new Incumbent and the conditions and challenges likely to be encountered in achieving these priorities.
 Describing the type of working relationship the appointing authority and/or City representatives wish to establish with the Incumbent.
 Generating lists of specific competencies, experiences, and personal attributes needed by the new Incumbent in light of the discussions above.
 Discussing recruitment and selection strategies for the appointing authority and/or City representatives consideration to best produce the intended results.

CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria.

Phase I - Develop Candidate Profile & Recruitment Strategy Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 – Develop Recruitment Brochure
#9..
- 741 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 16
Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review. An example of a brochure is provided under Sample Recruitment Brochure. Additional brochure examples are available on our website at www.cpshr.us/recruitment-solutions/executive-search.

The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from our extensive database.

CPS HR will prepare, submit for your approval, and publish advertisements on professional and affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy.

As a consulting firm that interacts with hundreds of public sector executives during engagements, we have a cadre of individuals who we inform of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of our client.

Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks.

CPS HR is focused on reaching a diverse candidate pool and would recommend publications/websites that are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, we will contact leaders within appropriate associations to gain their insight and referrals of possible candidates.

Within the past three years, more than 57% of our executive level placements have been minority and/or female candidates.

CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the Incumbent brochure along with a personal invitation to contact CPS HR should they have any questions about the position.

CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, we do not rely solely upon our current database. We also conduct research to target individuals relevant to your specific needs and expectations to ensure that we are thorough in our efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates. We will:

Phase II – Aggressive, Proactive, and Robust Recruitment Task 1 – Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 – Résumé Review and Screening Interviews
Task 4 – Appointing Authority Selects Finalists
#9..
- 742 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 17
 Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
 Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area.  Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City.

CPS HR will directly receive and initially screen all résumés. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's résumé, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will personally speak to selected candidates during a preliminary screening interview and will spend extensive time ascertaining each candidate’s long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate’s technical competence and management philosophy. We will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed.

CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the appointing authority and/or City representatives. Typically, the report will recommend five to eight highly qualified candidates and will include résumés and a profile on each interviewee's background. CPS HR will meet with the appointing authority and/or City representatives to review this report and to assist them in selecting a group of finalists for further evaluation.

CPS HR will design a draft selection process based on information gathered in Phase I. We will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises.

Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 – Final Preparation for Appointment
Task 4 – Contract Negotiation (if requested)
#9..
- 743 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 18
We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.

Following the completion of the selection process, CPS HR will be available to complete the following components:
 Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
 Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.
 Conduct Background Checks: Upon a conditional job offer, we will arrange for a background check of a candidate’s records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review.
 Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate.
#9..
- 744 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 19
Proposed Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of new Incumbent can be completed in 12 to 14 weeks. The precise schedule will depend on the placement of advertising on appropriate professional and affiliate websites, and the ability to schedule, as quickly as possible, the initial meeting. A proposed schedule of major milestones is presented below.

Task Name Month 1 Month 2 Month 3 Month 4
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Initial Meeting 
Draft Brochure 
Brochure Approved/
Printed & Place Ads 
Aggressive Recruiting 
Final Filing Date 
Preliminary Screening 
Present Leading
Candidates 
Semi-finalist Interviews 
Reference/
Background Checks 
Final Interviews 
Appointment 
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
#9..
- 745 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 20
Professional Fees
Professional Services
Our professional fixed fee covers all CPS HR services and deliverables associated with Phases I, II, and III of the recruitment process, including the necessary field visits (up to three) to develop the candidate profile and recruitment strategy, assist the City with finalist selection and facilitate candidate interviews. The fixed price also includes the brochure development, paid advertisements, printing and shipment of manuals (upon request), background check for finalist (for full recruitments only) and consultant travel. We are also providing the fees associated with Partial (Phase I and II only) and Outreach only services.

Travel expenses for candidates who are invited forward in the interview process are not included.

Professional Fixed Fee Per Recruitment*
Service Pricing
Full Executive Recruitment – All Positions except
City Manager, Fire Chief, Police Chief
$27,000 Flat Fee
Full Executive Recruitment for City Manager, Fire
Chief, Police Chief
$30,000 Flat Fee
Partial Executive Recruitment $20,000 Flat Fee
Outreach Only Services $10,000 Flat Fee (includes brochure and direct advertising)
*Professional fees for a Partial and Full recruitment would be billed and paid monthly. Professional fees for an Outreach/Advertising project will be billed and paid in full after the completion of the project.

One-Year Service Guarantee
If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases I, II, and III) comes to an end before the completion of the first year of service, CPS HR will provide the City with professional services to appoint a replacement.

Professional consulting services will be provided at no cost. The City would be responsible only for direct expenses such as re-advertising, brochure edits, consultant travel, etc. This guarantee does not apply to situations in which the successful candidate is promoted or re-assigned within the organization during the one-year period.

Additionally, should the initial recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial recruitment effort.
#9..
- 746 -
A Proposal to Conduct an Executive Recruitment
for the Position of

EXECUTIVE RECRUITING SERVICES
on behalf of
1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
#9..
- 747 -
April 18, 2023
MS. CHRISTINA ALGER

DIRECTOR OF HUMAN RESOURCES

CITY OF MODESTO
1010 10TH STREET, SUITE 2200
MODESTO, CA 95353
Submitted Via Email: [email protected]
Dear Ms. Alger:

Bob Murray & Associates is pleased to submit a proposal to conduct the Executive Recruiting Services recruitment for the City of Modesto. The following details our qualifications and describes our systematic—yet flexible—method of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and guarantee.

At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms. Our recruitment process helps you to determine the direction of the search and the types of candidates you seek while capitalizing on our decades of experience and vast network of contacts to reach those candidates. Our expertise ensures that the candidates we present to the City of Modesto will match the criteria you have established, be a good addition for your organization, and be outstanding in their field.

Bob Murray & Associates is familiar with the City of Modesto and the community it serves, as we have previously conducted your Chief Information Officer, City Manager, Community & Economic Development Director, Deputy Chief Information Officer, Deputy Public Works Director, Planning Division Manager, Police Chief, and Utility Planning & Project Director recruitments. In addition, we have previously conducted outreach efforts for the Budget and Financial Analysis Manager recruitment. Our knowledge of the region, its issues, and its outstanding quality of life will be an asset in presenting this opportunity to prospective candidates.

Bob Murray & Associates has an unmatched record of success in recruiting local government professionals. With over 25 years of experience, we have placed over 1,400 executives and professionals including but not limited to:

City/County Managers
General Managers
Executive Directors
Chief Technology Officers
Chief Operating Officers
Chief Financial Officers
City Attorneys/County Counsels
Community Development Directors
Economic Development Directors
Equity Officers
Finance Directors
Fire Chiefs
Human Resources Directors
Independent Police Auditors
Police Chiefs
Public Works Directors
Planning Directors
#9..
- 748 -
A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about them is left undiscovered.

We have candid discussions with references who have insight into the candidate’s experience, style and ethics; conduct a search of newspaper articles; and run credit, criminal and civil records reports. This ensures that the chosen candidate will not only be an excellent fit with the City of Modesto, but also that the selected candidate will reflect positively upon your organization.

We work as a team on every search at Bob Murray & Associates. Your Project Leads would be Bryan Hill, Gary Phillips, or Stacy Stevenson, who would not only direct and supervise the project team from beginning to end but also serve as the Recruiters for the project as well.

To learn first-hand of the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 17 of the attached proposal.

We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions.

Sincerely,
Valerie Gaeta Phillips
President, Bob Murray & Associates
#9..
- 749 -

TABLE OF CONTENTS
THE RECRUITMENT PROCESS................................................................2 STEP 1 DEVELOP THE CANDIDATE PROFILE........................................................2 Optional Service: Community and Staff Involvement.......................................................2 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ...................2 Reaching Diverse Candidates .........................................................................................3 STEP 3 RECRUIT CANDIDATES ................................................................................3 STEP 4 SCREEN CANDIDATES ..................................................................................4 STEP 5 CONDUCT PRELIMINARY INTERVIEWS......................................................4 STEP 6 SEARCH PUBLIC RECORDS...........................................................................4 STEP 7 MAKE RECOMMENDATIONS .......................................................................4 STEP 8 FACILITATE FINAL INTERVIEWS.................................................................5 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................5 STEP 10 ASSIST IN NEGOTIATIONS.........................................................................6 COMPLETE ADMINISTRATIVE ASSISTANCE .......................................6 COSTS AND GUARANTEE ..........................................................................7 PROFESSIONAL FEE AND EXPENSES ......................................................................7 Optional Services ...........................................................................................................7 GUARANTEE...............................................................................................................8 RECRUITMENT SCHEDULE .....................................................................8 FIRM PROFILE..............................................................................................9 REFERENCES..............................................................................................17 #9..
- 750 -
Bob Murray & Associates Proposal for the City of Modesto Page 2

THE RECRUITMENT PROCESS
Bob Murray & Associates’ recruiters are specialists in finding a positive placement, providing security and fairness to candidates and clients while ensuring the integrity of the search process.

We understand that superlative recruiting for the Executive Recruiting Services will lead to superlative results for the City of Modesto. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE
Our understanding of the City of Modesto’s needs will be key to a successful search. Bryan Hill, Gary Phillips, or Stacy Stevenson will meet with the City Manager or hiring agent and key stakeholders to learn as much as possible about the ideal candidate for the Executive Recruiting Services position. We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Modesto.

Bryan Hill, Gary Phillips, or Stacy Stevenson will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills, and abilities and will work with the City to identify expectations regarding education and experience. The City Manager or hiring agent and Bryan Hill, Gary Phillips, or Stacy Stevenson will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.

Optional Service: Community and Staff Involvement
We find that many of our clients value a recruitment process that opens the opportunity for community members, business leaders, organization representatives, and employees to provide input regarding the ideal candidate. Our recruiters are skilled in designing and facilitating forums, town hall meetings, and online surveys that allow equitable involvement from a variety of constituencies and in consolidating feedback into a cohesive narrative of common themes.

If the City of Modesto desires, we will work with the City Manager or hiring agent to create a customized community and/or staff input process.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS
Bryan Hill, Gary Phillips, or Stacy Stevenson and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Modesto to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Modesto that you feel best represent your organization and your community.

Upon your approval, Bryan Hill, Gary Phillips, or Stacy Stevenson will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the #9..
- 751 -
Bob Murray & Associates Proposal for the City of Modesto Page 3 Executive Recruiting Services position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

Bryan Hill, Gary Phillips, or Stacy Stevenson will also design an effective advertising campaign appropriate for the Executive Recruiting Services recruitment. Our broadest outreach comes through our active social media involvement on Facebook, LinkedIn, and Twitter, where upcoming and current positions are posted. Sources such as Western City Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to the Executive Recruiting Services field.

Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

Reaching Diverse Candidates
Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Bryan Hill, Gary Phillips, or Stacy Stevenson will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Modesto, to maximize the potential for individuals from a wide variety of backgrounds, cultures, physical abilities, life experiences, and gender to be considered for the Executive Recruiting Services position.

STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the Executive Recruiting Services recruitment.
#9..
- 752 -
Bob Murray & Associates Proposal for the City of Modesto Page 4 STEP 4 SCREEN CANDIDATES
Following the closing date for the recruitment, Bryan Hill, Gary Phillips, or Stacy Stevenson will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Bryan Hill, Gary Phillips, or Stacy Stevenson will discuss with the City Manager or hiring agent how the City of Modesto wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS
Bryan Hill, Gary Phillips, or Stacy Stevenson will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses to our clients and increase efficiency in the search process, these interviews are typically conducted via Skype, FaceTime, or other convenient videoconferencing applications.

During these in-depth interviews, Bryan Hill, Gary Phillips, or Stacy Stevenson will explore each candidate’s background and experience as it relates to the Executive Recruiting Services position, such as significant accomplishments, size and scope of responsibility, and organizational culture.

In addition, Bryan Hill, Gary Phillips, or Stacy Stevenson will discuss with the candidates their motivation for applying for the position and assess his/her knowledge, skills, and abilities. We will devote specific attention to establishing the likelihood of the candidate’s acceptance of the position if an offer of employment is made.

STEP 6 SEARCH PUBLIC RECORDS
Under the direction of Bryan Hill, Gary Phillips, or Stacy Stevenson, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis-Nexis™, Google, social media, and our contacts in the field.

This will alert Bryan Hill, Gary Phillips, or Stacy Stevenson to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS
Based on our findings during the preliminary interview process, Bryan Hill, Gary Phillips, or Stacy Stevenson will recommend a limited number of candidates for your further consideration. They will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of those to be considered will be up to you.

We typically recommend 6-8 candidates that we feel will best match your expectations, and we prepare a detailed written report on each candidate. This bound report provided to each member of the decision-making body includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate #9..
- 753 -
Bob Murray & Associates Proposal for the City of Modesto Page 5 List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Modesto to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Manager or hiring agent and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Bryan Hill, Gary Phillips, or Stacy Stevenson helps the City of Modesto to design.

Bryan Hill, Gary Phillips, or Stacy Stevenson will be present on-site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews and candidate travel.

Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Bryan Hill, Gary Phillips, or Stacy Stevenson and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.
#9..
- 754 -
Bob Murray & Associates Proposal for the City of Modesto Page 6 STEP 10 ASSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Bryan Hill, Gary Phillips, or Stacy Stevenson knows what other organizations have done to put deals together with great candidates and what the current market is like for Executive Recruiting Services positions in organizations like the City of Modesto’s. They will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE
We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Modesto, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Bryan Hill, Gary Phillips, or Stacy Stevenson on behalf of the City of Modesto.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Bryan Hill, Gary Phillips, or Stacy Stevenson will be available to the City of Modesto by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.
#9..
- 755 -
Bob Murray & Associates Proposal for the City of Modesto Page 7

COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES
The fixed, flat professional services fee for conducting the Executive Recruiting Services recruitment for a department head on behalf of the City of Modesto is $20,000. Services provided for in this fee consist of all steps outlined in this proposal, including two (2) days of meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Modesto. Therefore, Bryan Hill, Gary Phillips, or Stacy Stevenson will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Modesto will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $6,500. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Modesto.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Modesto.

Optional Services
Community/Staff Input Forum: $1,500/day, plus travel expenses Online survey: $250
Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Other services: $250/hour or $1,500/day
Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $20,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,275)
Advertising ($3,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($1,000)
Other expenses – supplies, shipping, clerical ($575)
$6,500
Not-to-Exceed Total $26,500
#9..
- 756 -
Bob Murray & Associates Proposal for the City of Modesto Page 8

GUARANTEE
Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of Modesto with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Modesto’s behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

RECRUITMENT SCHEDULE
We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Modesto. A typical timeline of tasks and events is included here for reference. #9..
- 757 -
Bob Murray & Associates Proposal for the City of Modesto Page 9

FIRM PROFILE

OUR STAFF
Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of fifteen (15):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Carmen Valdez, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Bryan Hill, Senior Executive Recruiter
Stacy Stevenson, Senior Executive Recruiter
Deanna Cantrell, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Stephanie Marshall, Recruitment Coordinator
Stacy Conley, Recruitment Coordinator
Gini Herndon, Contracts Administrator/Bookkeeper

BOB MURRAY, FOUNDER
Mr. Murray—known simply as “Bob” to his clients and candidates throughout the western U.S.— brings over 40 years’ experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country—and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm’s most difficult assignments with great success. His clients retained him again and again, given the quality of his work and success in finding candidates for difficult to fill positions.

As our Founder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process.

Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward.

VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER
Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since joining Bob Murray & Associates, Valerie has completed over 160 searches in a diverse range of #9..
- 758 -
Bob Murray & Associates Proposal for the City of Modesto Page 10 fields, including city and general management, planning, finance, human resources, transportation, communication and public relations, community and economic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers.

Valerie is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients’ success; she is also active in a variety of industry organizations and in diversity-focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one’s online reputation, diversity issues in municipal and non-profit leadership, and how to identify a positive placement for the organizational culture.

Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics.

GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER
Since joining Bob Murray & Associates, Mr. Phillips has completed over 125 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary’s clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers.

Gary started his career with a New York-based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees.

As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world-class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients.

Mr. Phillips, along with Ms. Gaeta-Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY.

JOEL BRYDEN, VICE PRESIDENT AND RECRUITER
Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2013. #9..
- 759 -
Bob Murray & Associates Proposal for the City of Modesto Page 11 Throughout his career, Joel has been involved in public sector consulting, with vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 100 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult-to-fill positions, such as Independent Police Auditor.

Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA.

YASMIN BEERS, SENIOR EXECUTIVE RECRUITER
Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000.

She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few.

Yasmin’s three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture.

Yasmin currently serves on the Glendale Adventist Medical Center’s Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service.

Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master’s degree in Organizational Leadership from Woodbury University.

CARMEN VALDEZ, SENIOR EXECUTIVE RECRUITER
Carmen Valdez provides executive recruitment and human resource services to municipal government agencies and non-profits. She has more than 25 years’ experience in team-building, executive search, general human resources, classification and compensation, testing, policy #9..
- 760 -
Bob Murray & Associates Proposal for the City of Modesto Page 12 development, performance management, organizational development, discipline, and other employee relations activities.

Carmen has most recently been consulting with Municipal Resource Group, prior to which she spent over 30 years with the City of Milpitas, a Silicon Valley city of 70,000 residents. In this capacity, she was responsible for collective bargaining, PEPRA and Affordable Care Act implementation, modernizing Human Resource services to improve efficiencies and reduce costs, revamping the Workers Compensation service delivery and completing a City-wide strategic plan. Carmen also spent almost 2 years as the Director of Recreation Services.

In addition to her significant experience in the public sector, Carmen earned a Bachelor of Arts degree in Business from University of Phoenix. She is also a member of Local Government Hispanic Network and League of Women in Government. She is an avid runner and enjoys giving back to her community.

ADELE FRESÉ, SENIOR EXECUTIVE RECRUITER
Adele Fresé brings 27 years of local government experience to Bob Murray & Associates, having retired as Chief of Police in Salinas, CA prior to joining the firm in 2021. Adele began her public service career in 1985 as an active-duty member of the United States Marine Corps before serving the City of Corpus Christi for 20 years.

Adele has extensive experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

During her 7 years as a Chief of Police, Adele exercised strong leadership and implemented monumental changes leading to the diversification of her agency’s sworn staff. Adele’s commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California.

Adele received her Bachelor of Science degree in Criminal Justice Administration from California State University at Hayward, and a minor degree in Sociology. She earned a Master of Science in Public Safety, completed the Senior Executives in State and Local Government program at the Harvard Kennedy School, and PERF’s Senior Management Institute for Police. She is a Texas Certified Public Manager.

BRYAN HILL, SENIOR EXECUTIVE RECRUITER
Chief Bryan Hill (ret.) spent over 30 years serving as a public safety leader in the San Francisco Bay Area. During his career, he worked for three appreciably different East Bay cities and developed and led several regional programs providing him a broad perspective of local government. Much of Bryan’s career was spent working in a wide variety of leadership and executive level roles. As a police chief and city department head he was known for a progressive and principled leadership approach.
#9..
- 761 -
Bob Murray & Associates Proposal for the City of Modesto Page 13 Throughout his career, Bryan emphasized community engagement. As a municipal government executive, he was dedicated to establishing lasting community partnerships, building strong teams, and continues to participate in leadership development.

Bryan received the California Police Officer’s Association Award of Distinction for his efforts in developing regional partnerships that increased efficiencies, professionalism and service to the community. Bryan received his Bachelor of Arts degree in Social Science from California State University, Sacramento and he earned a Master of Science in Organizational Leadership. He is a graduate of the FBI National Academy and holds a California POST Executive Certificate.

STACEY STEVENSON, SENIOR EXECUTIVE RECRUITER
In Ms. Stevenson’s 32 years of service in municipal government, she worked for the California cities of San Diego, National City, and Murrieta. Ms. Stevenson began her professional career in City of San Diego as a Personnel Analyst and went on to work in the Personnel, Metropolitan Wastewater, Engineering, and Contracting departments; as well as the City Manager’s office, progressing from Analyst to Deputy Director. She also assumed special projects such as the creation and opening of the City’s neighborhood service centers and Liaison to the City Council.

From San Diego she joined the City of National City where she served as the Director of Human Resources, the Director of Administrative Services, and Deputy City Manager. She oversaw Community Services, Finance, Human Resources, and Information Technology; and managed special projects such as the balloting and passage of the City’s local sales tax and the implementation of a new payroll module.

In the City of Murrieta, Ms. Stevenson served as Administrative Services Director and Deputy City Manager, again overseeing Community Services, Finance, Human Resources and Information Technology and managing special projects. Ms. Stevenson has also served as a commissioner on both the Child Care and Civil Service Commissions for the City of Chula Vista.

Ms. Stevenson holds a Bachelor’s degree in Industrial Organizational Psychology as well as a Master of Business Administration degree with an emphasis in Human Resource Management.

DEANNA CANTRELL, EXECUTIVE RECRUITER
Deanna Cantrell brings 28 years of municipal government passion and experience to Bob Murray & Associates as an executive recruiter. Deanna is recognized as a prominent driver of public safety leadership, innovative and evidence-based problem solving, advancing trust and community building, and developing leaders. She has a proven record for exceptional communication, talented public speaking, forward thinking policing, strategic planning, staff development, mentoring, and coaching.

Deanna was the Chief of Police for the City of Fairfield, California for over two years. Prior to that, Deanna served almost five years as the Chief of Police in San Luis Obispo (SLO) California, and over 21 years with the Mesa, Arizona Police Department where she moved through the ranks from Officer to Assistant Chief.
#9..
- 762 -
Bob Murray & Associates Proposal for the City of Modesto Page 14 Deanna has built a deep-rooted history of building trust with the community, improving employee health and wellness, and advancing meaningful police transformation. Deanna has developed numerous testing processes, has assisted in over 20 executive recruitments, and is gifted in mentoring, coaching and recognizing and developing talent. She served for four years as the Co-Chair for the California Women Leaders in Law Enforcement (WLLE) and is the WLLE Foundation Board President, also chairing the mentoring committee. Deanna served for six years on the California Police Chiefs Association Board. She is currently an Executive Fellow for the National Policing Institute and is on the Board for Police2Peace. In 2018 Deanna was selected as the 24th District, California Congressional Woman of the year, and in 2022, Women Leaders in Law Enforcement established the Deanna Cantrell Exceptional Leadership award.

Deanna holds a Bachelor of Science in Education and a Master of Administration from Northern Arizona University. She has an Executive Development Certificate from CA POST, teaches Advancing Ethical Leadership for CA POST through Cal State Long Beach, and is a graduate of Northwestern University Police Staff and Command School where she is also an adjunct faculty member, teaching policy, executive image, strategic planning, internal conflict.

Deanna enjoys the arts, playing the guitar, golfing, and growing future leaders.

ALEXANDRIA KOPACK, RECRUITMENT AND OPERATIONS MANAGER
Alex is the Recruitment and Operations Manager with Bob Murray & Associates, and partners closely with the executive recruiter to support both the client and candidates through the entire recruitment process. Alex’s responsibilities include posting available positions to job boards, interview scheduling, conducting background checks on candidates, and creating marketing materials for each search.

Alex graduated with a bachelor’s degree in Business Administration from Boise State University.

She has several years of experience in many different office settings and is eager to assist in the hiring process.

In her spare time, Alex enjoys spending time with her husband, family, and poodle (Theo), as well as playing tennis whenever weather allows.

KATHY LOLAS, SENIOR RECRUITMENT COORDINATOR
Kathy recently joined the Bob Murray & Associates team after eight years of retirement. She is serving as a Recruitment Coordinator and brings over 30 years of experience from the residential real estate, state government, and life coaching industries. As a Recruitment Coordinator, Kathy partners closely with executive recruiters to provide support to candidates and clients throughout the recruitment process. She assists with scheduling, conducting background checks, creating marketing materials, and posting advertisements for open recruitments.

Kathy returned to graduate school in 2015, earned her Master’s degree and launched a private lifecoaching practice. She is known for her outgoing personality, attention to detail and collaborative approach to successfully completing executive recruitments. In her free time, Kathy enjoys playing jazz piano, travel, boating, and playing with her poodle, “Rocky”. #9..
- 763 -
Bob Murray & Associates Proposal for the City of Modesto Page 15

STEPHANIE MARSHALL, RECRUITMENT COORDINATOR
Stephanie serves as a Recruitment Coordinator with Bob Murray & Associates, partnering closely with executive recruiters to support clients and candidates through the recruitment process. She assists with scheduling interviews, creating marketing materials, posting advertisements, and conducting background checks, as well as many other administrative tasks that contribute to the success of each recruitment.

Stephanie graduated with a Bachelor’s degree in Anthropology and earned a Paralegal certification from the University of California, Davis. She’s worked in various offices before her time at Bob Murray & Associates and is excited to assist in the hiring process.

During her free time, Stephanie enjoys spending time with family, reading high fantasy novels, and being out on the water.

STACY CONLEY, RECRUITMENT COORDINATOR
Stacy serves as a Recruitment Coordinator with Bob Murray & Associates, working with executive recruiters to support candidates and clients through the recruitment process. She assists with creating marketing materials, posting advertisements, conducting background checks, and scheduling interviews along with many other administrative tasks that contribute to the success of the firm.

Stacy graduated from Heald Business College with an Associate’s Degree in Office Administration, and brings prior experience to Bob Murray & Associates as a Recruiting Coordinator and Executive Assistant. She’s worked in many administrative roles prior to joining the firm and is eager to assist in the hiring process. In her free time, Stacy enjoys hiking, spending time with family, and training her Rottweiler-Husky mix “Reign”.

GINI HERNDON, CONTRACTS ADMINISTRATOR/BOOKKEEPER
Ms. Gini Herndon is the Contracts Administrator/Bookkeeper at Bob Murray & Associates. Ms.

Herndon is the first point of contact at Bob Murray & Associates and has an extensive administrative background in business law.

Ms. Herndon is known for her collaborative approach as she works closely with our internal team and clients to ensure a successful search. As a first point of contact, Ms. Herndon is highly professional and maintains a high level of confidentiality and sensitivity. #9..
- 764 -
Bob Murray & Associates Proposal for the City of Modesto Page 16

CORPORATION
Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 280
Roseville, CA 95661
(916) 784-9080
[email protected]
Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS
Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Modesto:

California Special Districts Association – Member
California City Management Foundation (CCMF) – Member
International City/County Management Association (ICMA) – Member League of California Cities – League Partner
League of Women in Government – Sponsor/Member
Municipal Management Association of Northern California (MMANC) –Sponsor/Member Municipal Management Association of Southern California (MMASC) –Sponsor/Member National Forum for Black Public Administrators (NFBPA) – Committee member for Marketing and Branding
Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues.

Recent and upcoming speaking engagements and trainings provided by our staff include:
“Role of the Chief” class, presented by Joel Bryden on behalf of the California Police Chiefs Association
Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month; and
“The Next Step on Your Career Ladder: A Rung Up or a Missed Step? What City Managers are Seeking to Create a Dream Team,” Bob Murray & Associates is a leading participant on the MMANC 2019 Conference Panel
#9..
- 765 -
Bob Murray & Associates Proposal for the City of Modesto Page 17

REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has conducted or is currently conducting searches are listed below:

CLIENT: City of Jurupa Valley, CA
POSITION: City Manager
POSITION: Public Works Director/City Engineer
POSITION: Economic Development Director
POSITION: Director of Administrative Services
POSITION: Assistant City Manager
REFERENCE: Mr. Rod Butler, City Manager
Ms. Pat Grob, Sr. Human Resources Analyst
(915) 332-6464
CLIENT: Orange County, CA
POSITION: Public Defender
POSITION: Executive Director of Campaign & Finance Ethics Commission POSITION: Executive Director for the Office of Independent Review POSITION: Assistant Director of Public Works
POSITION: Chief Human Resources Officer
POSITION: OC Parks Deputy Director
POSITION: Director of the Office of Independent Review
POSITION: Chief Human Resources Officer
REFERENCE: Ms. Sandra Florez, Recruitment Manager
(714) 834-7325
CLIENT: City of Ontario, CA
POSITION: Development Director
POSITION: Community Improvement Director
POSITION: Museum Arts and Culture Director
POSITION: Innovation, Performance, and Audit Director
REFERENCE: Ms. Angela Lopez, Executive Director Human Resources (909) 395-2435
We appreciate the City of Modesto’s consideration of our proposal and look forward to working with you.
#9..
- 766 -
City of Modesto, CA 1
A Proposal to Provide
Executive Level Search Services
(As Needed)
City of Modesto, California
April 27, 2023

#9..
- 767 -
City of Modesto, CA 2
April 27. 2023 Cover Letter/Letter of Transmittal
Email: [email protected]
Kelly Rice-Ortiz
Executive Assistant
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Ms. Rice-Ortiz:

As follow-up to your e-mails, we are pleased to submit the following proposal to assist you with potential future searches (as needed) for the City of Modesto.

We fully appreciate the complexity of conducting key executive/managerial recruitments for a wide variety of positions including in City and County government and other public services and believe we are uniquely suited to design and deliver a recruitment strategy that will work well with your organization’s specific needs and goals.

As a retained recruiting firm, we ascribe to ethical standards which focus on professionalism, integrity, competence, objectivity, accuracy, avoidance of conflicts of interest, confidentiality, equal opportunity, and loyalty to the client and candidate.

We specialize in assisting public sector organizations as they seek management talent to help lead such complex public service organizations as the City of Modesto. Our client list (see the Appendices) shares some of our experience in recruiting leadership for the nation’s cities, counties, utilities, regional authorities, and other organizations. Also included as attachments to this proposal are a client list, and bios on key staff.

We appreciate the opportunity to submit this proposal and look forward to discussing our qualifications and approach with you.

It may also be of interest to note that my family and I are former residents and homeowners (years ago) in Modesto and Stanislaus County. We also still have some relatives living in Modesto. In addition to my wife and other family members working in the City and County area, I served in a variety of capacities with Stanislaus County including initially as the County Mental Health/Behavioral Health and Drug & Alcohol Director, and later as the Director of the County Human Services Agency and as a Deputy County Executive Officer. Our firm has also conducted searches in Stanislaus County in the past.
#9..
- 768 -
City of Modesto, CA 3
We appreciate the opportunity to submit this proposal and look forward to discussing our qualifications and approach with you. In the meantime, if you have any questions or require additional information, please feel free to call me. I will also serve as the primary contact person. My direct telephone number and e-mail are listed below.

P.S. If selected as part of the pool of search firms, we would immediately provide confirmation of all Insurance requirements and confirm re-establishment of our local business license for the City.

Cordially,
Bob Neher
Robert L. Neher, Jr.

President
Neher & Associates LLC
Phone: (916) 443-2421
Fax: (916) 443-5949
Cellular: (310) 809-0618
[email protected]
#9..
- 769 -
City of Modesto, CA 4
Qualifications (Executive Summary/History of Firm)
The principals of Neher & Associates are focused on Executive Search and Human Resources Consulting. We have conducted over 350 assignments. Our success can also be measured in the sizeable number of multiple search assignments that we have completed for many Clients.

We have worked in partnership with literally hundreds of clients to help them find their City and County Managers, Assistant City Managers, Legal Counsels, Executive Officers, and key Directors/Managers. We have placed numerous Executives in governmental, not-for-profit and public-sector organizations including States, Counties, Cities, Utilities, Transportation, Association, Foundation, Healthcare, Education, Public Works, and many other industries. We have also worked for a number of private sector companies.

Neher & Associates is well known for our strategic process, partnering methodology with our clients, thorough screening and background checking, ability to tailor our consulting and executive searches to the specific and unique needs of our clients, and to get results. We will work on a search until it is complete regardless of the time and effort required. We will also provide a one-year replacement guarantee. We provide excellent, high-quality services to our public-sector clients at moderate prices and have a strong reputation for controlling costs and coming in, at or under budget on expenses.

Firm Information
Profile of Neher & Associates
• Neher & Associates is a national firm. We operate as a California Limited Liability Company (LLC). Our FEIN is 06-1804574. We primarily serve government and nonprofit organizations and recruit experienced leaders and managers into positions that improve the capabilities of those institutions. Our principal consultants have over 50 years of combined executive search and consulting experience and many more years in direct service and management. • We have offices in California and a satellite office in Florida. We also have support staff in Illinois.
• The address for our corporate office is: 3790 Millerton Place, Suite 100, West Sacramento, CA 95691. The phone number for our California office is (916) 443-2421, and the fax is (916) 443-5949. Our website is: www.executivesearchneher.com and e-mail should be addressed to: [email protected]
• No other firm other than Neher & Associates is currently intended to be party to this proposal or fulfillment of the contract when approved.
• Current Neher & Associates staff is seven. A listing of staff for assignment to assist the City is included under “Project Team.” Eighty-five (85%) of our total staff are women or minority. #9..
- 770 -
City of Modesto, CA 5
• Organizational Chart:

President
Executive Vice President and CFO
Vice President and CEO Vice President and
Value Training Group General Counsel
Senior Research Manager
and Senior Consultant
Consultants
Research, Web Master, Administrative Staff Support
• Although primarily known as a leading executive search firm, Neher & Associates also provides other general and specialty management consulting services, including management audits, organizational development, public safety, strategic planning, assessment centers, leadership development training, performance management, executive coaching, diversity training, and human resources management.
• We specialize in recruiting leadership for cities, counties, state, associations, education, healthcare, regional authorities, utilities, and nonprofit organizations. Our client list (see Appendices) attests to our experience in assisting these organizations large and small to find the talent they need.
• Working with boards, councils, search committees, executives, and human resource offices in such settings, we are accustomed to the complex internal dynamics, networking, and candidate screening and evaluation processes that routinely arise in recruitments of this nature, and to the high level of constituent, political, and media interest they sometimes engender.
• Neher & Associates consultants have built long-term relationships with our Clients. We have conducted multiple searches for many of these Clients.

• As previously noted, we have conducted numerous successful executive search consulting engagements covering a broad range of positions including numerous City/Town/Borough and County Managers, Assistant Managers, Legal Counsels, Finance Directors, HR Directors, Administrators, Executive Officers, Educators, Health and Human Services Directors, Utility Directors, Public Works Directors and Association Executives. A copy of our Client List is attached as Appendix B.
#9..
- 771 -
City of Modesto, CA 6
Primary Contact Person and Project Team
• Our team brings to this project a combination of background and skills vital to the requirements of the City of Modesto. The overall Project Manager will be Robert Neher, assisted by others who will also lend support as needed. Contact information is listed in this proposal. All staff can be reached at: 916-443-2421.
• Our executive search staff are all professionals, each with an extensive management background as key executives in public organizations. The recruiters to be assigned to this work have significant personal experience recruiting a range of executive and administrative leadership for a broad range of clients. We assure that the individuals listed represent our current team assigned to search for the City and that any additional future staff assigned will be submitted to you for prior approval.
• The primary Neher & Associates contacts for the City will be Robert Neher, MA, FACHE President; Lawrence Davenport, MA, EdD, Executive Vice President and CFO, Raymond Massie, JD, Vice President and General Counsel. Our Research Associate staff, will also assist as needed.
• Resume/Bios of the team are included in Appendix A.
• All of the above-mentioned staff may be involved in some phases and tasks of the search as previously outlined. On-sight representation will, however, primarily be the responsibility of Robert Neher. Robert Neher and our research staff will be responsible for advertising.

Research will be coordinated by Robert Neher and Raymond Massie with assistance from our research associates. General Networking and Outreach will be coordinated by Robert Neher and Raymond Massie with support from Lawrence Davenport. Specific Diversity Outreach will be coordinated by Lawrence Davenport and Raymond Massie. Offer negotiations will rest mostly with Robert Neher, and contract development (if needed) with Robert Neher and our Legal Counsel, Raymond Massie.
• We will spend whatever time is necessary to complete all tasks and objectives in the search plan. The project Manager (Robert Neher) will be available by office and cell phone on a seven day per week, 24 hour per day basis. Other staff will be available during regular business hours during the day and by cell phone in the evenings if critical issues need to be discussed.
• We are available to immediately assist with your current needs.

#9..
- 772 -
City of Modesto, CA 7
Expertise

City and County populations of our clients have varied from a few thousand to over 12 million. As previously noted, we have conducted over 350 executive searches primarily in city and county government.

• We have conducted over one hundred (150) executive searches in California. Our President, Robert Neher, also worked for many years in Modesto and Stanislaus County before forming his own firm.
• We have worked on long-term contracts with several Clients. We have also been fortunate to conduct multiple searches for many of our Clients over the years that attest to the quality of the searches and satisfaction of those Clients with our work on their behalf.

Our search process and methodology used with our searches is addressed in detail under “Scope of Services/Work Plan.” References for some of these searches are attached and include a listing of the lead consultant on the search (es).

The attached Representative Client List includes searches completed for multiple clients in numerous states covering nearly every discipline and position in public sector government.

Scope of Services and Methodology
Work Plan – Project Understanding and Approach
Statement of Understanding of Services Required
We have an understanding of the services required. In addition, we have gone to the City of Modesto website, and to other sources for additional information related to the City but will need to have further discussions with the City and your designated representatives to more fully understand the scope of the position(s) and needs of Council and community in order to tailor the searches appropriately to your needs, goals, and objectives.

We have literally worked with about three hundred fifty cities, communities, and departments to assess and determine needs and to develop accurate and inclusive position profiles. Our process including initial meetings is listed below.

Development, maintenance and presentation of applicant pool and potential candidates is also addressed below as well as how and where we may recruit and our process of screening.

As the successful contractor, we will provide you with the quality services and expertise our clients have come to expect. We network and recruit not only from cities/towns and counties, but also look seriously at potential candidates from other public sector, private sector, and sometimes nontraditional sources and organizations who may bring the skills and abilities that may fit your position and organization.
#9..
- 773 -
City of Modesto, CA 8
We also warranty our work. All of our contracts have included that if the person you hire does not work out within a year, we will reopen the search and replace the person for no additional professional fee.

Our Search Services Feature:
• Designing a customized recruitment strategy to match your history and leadership patterns, current issues, and future challenges.
• A calendar that starts immediately upon authorization to proceed, includes regular progress reports, and usually concludes within 90 -120 days or sooner with close cooperation. • An extensive, narrative-written job profile/brochure including your organization’s history and leadership patterns, current issues, and future challenges of the City and the particular position being recruited.
• A recruitment process and approach that includes local, state, and national advertising, but also relies more upon aggressive networking and outreach rather than passive advertising. • A large pool of applicants who meet the minimum qualifications and a targeted, diverse pool of qualified, proven candidates for interview.
• Candidate general pools have ranged from around 35 to over 300. Leading candidates are, however, usually narrowed to between 10-15 candidates and 4-6 candidates is the average number of finalists invited to interview with most of our clients. We will, of course, work with the City regarding the number of screened candidates that you prefer for final interviews. • Comprehensive screening, interviewing, reference, and background checking. • Ongoing quality review of project deliverables, time and service benchmarks, weekly status reports, candidate reports, and coordination/communication between Neher & Associates and the City’s designated contacts.
• Personal guidance and assistance to the designated management, human resources, and other staff that assists in the development of search strategy, facilitates interviews, interview process, candidate travel, evaluation of candidates, decision-making, relocation, trend analysis, negotiations, and employment agreement assistance with the candidate(s) selected.

Task Summary – General Approach:

We have a straightforward, structured search process. We adapt it to your requirements, and then ask you to join us as partners in its implementation. Please see “Project Team and Resumes” for our firm’s work team assignments. At each stage, we provide written materials, training, and explanations as needed. Although we follow a clear strategic work plan and closely monitor agreed upon tasks and goals, we also believe that, in the long term, results are most important. #9..
- 774 -
City of Modesto, CA 9
The following Tasks and Outcomes address the general approach and services provided:
• Scope of Services.

The scope of services will consist of recruitment/market strategy, research, recruitment including advertisements, mailings, networking, cold calling, and development of a position profile/brochure; candidate contacts/evaluation, screening, including review and the development of a written Progress and Final Report of leading candidates and finalists; developing and maintaining an applicant pool and leading candidate pool for review; performing reference and background checks; regular verbal and written status reports; assisting in the interview process, candidate negotiation, and holding periodic meetings with the designated City Management and staff.
• Key Meetings.

We will also meet and/or conference (as appropriate) with the Council, City Manager, Search Committee, HR, designated staff, community/public representatives, and other key stakeholders at the beginning of the contract to identify major issues the future hires will face; determine the critical qualifications for the position as identified by you; discus search strategy; review compensation and benefits; establish specific timelines; and collect information to develop the search criteria and develop a search profile. We would also anticipate at least two later meetings/conferences to discuss/review the written Progress Report (Leading Candidates) and participate in final interviews (Final Report).

In addition, we will key our weekly status reports to accommodate your needs/ meeting schedule.
• Initial Candidate Screening.

We sort candidates based on the criteria established, profile, comments from peers and colleagues, training & education, resume/bio review, communication ability and experience, accomplishments, references, background checks, telephone and personal meetings, review of appropriate writing and work samples, the degree of their expressed interest/commitment to consider the specific position, and many other methodologies. The written Progress Report and Progress Meeting that is provided to you is also key to assuring that we are on track and to narrow the field from leading candidates to finalists for interview and reduce (with your input) to a list of screened finalists.
• Interview Process.

In addition to our telephone interview/screening/assessment of candidates, we often conduct face-to-face or video conferences with potential finalists. We will assist with the interview process including question development, evaluation tools, coordination (as appropriate) and scheduling with the Council, City Manager, Search Committee, HR, Staff, Advisory Panels, etc. and provide negotiation support.
• Recruitment Brochure.

Qualifications and criteria for the position will be developed from review of existing job descriptions, review of budget, strategic planning, other relevant City documents, chamber of commerce, news media and many other sources, as well as discussions with the Council, City #9..
- 775 -
City of Modesto, CA 10
Manager, Search Committee, Human Resources, key Department Heads, Stakeholders, and others as designated by the City.
• Advertising & Networking.

Appropriate advertising will be used. This includes hard-copy publications and electronic media and other professional organizations and publications specific to the position as well as numerous other national and regional professional associations, specialty groups, our website, local media, etc.

Please note, however, that although we will place ads, in our experience, the best candidates often come from networking rather than advertisement. We therefore focus a great deal of time on the networking and personal contacts with potential candidates, referral sources, professional associations, diversity organizations and others as appropriate. • Candidate Screening.

Together with the designated staff/contacts, we will reduce the pool of candidates to a list of usually no more than 15 semi-finalists and from there usually to approximately five or six (5- 6) final candidates for interview. If you desire a larger or smaller pool we will do so. We understand that you may want to interview more or less candidates and will provide candidates in consultation with you. Summary information is also usually provided on the leading candidates to include – background, achievements & strengths, etc. We also conduct initial reference, education and media checks on the top candidates invited for interviews. A complete background and reference check will be conducted on the final candidate(s). • Reference & Background Screening.

Applicant information is verified via discussion with the applicant, peers, colleagues, subordinates, bosses, etc. We also do a news media check including such electronic sources as Zoom Info, Google, Yahoo, and many others. In addition, we review reports, documents, and writing samples. Additional background screening includes detailed reference checks (with candidates’ bosses, colleagues, staff reports, etc.) Education, licenses, and certifications are verified with the educational and licensing institutions/organizations. Employment is verified.

Telephone, video conference and/or face-to-face meetings/interviews, and other means including occasional psychological testing and assessment centers are also used in the screening. A full background check including DMV, Criminal (felony and misdemeanor), Credit and other background checks are also completed.

Candidates are screened in most, if not all, of the above before interviews with you.

The final background check (DMV, Criminal and Credit) is usually done on the final candidate as a condition of offer.
• Selection Process.

Selection is made using all of the above plus an interview(s) between the candidate(s) and you. We also involve the candidate’s family and significant others in the process as appropriate. During the interview and screening process, we will consult and assist you with screening including rating and other tools and training support if needed as well as with process, scheduling, and logistics.
#9..
- 776 -
City of Modesto, CA 11
• Offer Negotiations.

We work closely with the final candidate(s) and the Council, City Manager, Department Heads, and Human Resources to help negotiate an offer, acceptance, employment agreement/contract, starting date, etc. This often includes assistance drafting offer letters, compensation/benefit research, contract/agreement review, discussion with legal counsel when appropriate, and individual negotiation. We make it a point to be available to help both the final candidate and you to reach an amiable conclusion that ends with confidence and enthusiasm on both sides.
• The City of Modesto Appointing Authority.

We have worked with hundreds of public sector and quasi private sector clients including cities, counties, states, the federal government, and numerous utility, transportation, educational institutions, and other public service organizations. As such we have also worked with the Boards, Councils, Advisory Boards, Stakeholder Groups, and Committees, Selection Committees, Public & Citizen’s groups, State, Local and Federally legislated and mandated advisory boards, commissions, as well as elected local, state, and national representatives.

The City Council, City Manager, Department Heads, Human Resources, other Executives (and their delegates) are critical to the search process from assistance in providing initial information regarding goals and objectives of the City, criteria relevant to the duties and responsibilities of the position being recruited including input and approval of the overall recruitment process and recruitment profile/challenge statement/ brochure, interview and selection of the final candidate, approval of the final employment agreement, etc. Our role is to assist in the process and to consult with and help you to make a well-informed decision. We believe the final choice is yours to make.

We will help you make a well-informed choice by framing what we have together learned about the candidates in the context of the job and specific requirements. Our role is to help make that decision easier.
• Search Closure/Signoffs.

At the end of the search, all applicants will be appropriately notified of the result in a professional manner that reflects well on the City. We also follow-up with the placement and the City usually at 30-60 days, six months, and twelve months or longer from the time of hire for feedback and consultation if needed.

Schedule-Timetable and General Term of Contract
We generally hold the first meeting/discussion with you within a few days of contract signing and search assignment. Typically, we will deliver a written Profile/Recruiting Brochure within approximately two weeks of the start of a search, and in addition to regular weekly verbal/written reports, will also produce a written Progress Report that includes information on the leading candidates at about the 7th week. A written Report on finalists will be provided prior to candidate interviews at your offices. This would include reference and other related checks such as education and licenses/certifications and is typically delivered approximately 3 weeks following feedback from #9..
- 777 -
City of Modesto, CA 12
you on the Progress Report. A detailed background check including criminal, department of motor vehicles, credit, etc. will be conducted on the finalist unless you choose to conduct your own.

We would be happy to provide you with a copy of a typical schedule flow chart including benchmarks if this would be useful.

Time frames can also be shortened with close mutual cooperation. For example, we completed the search for one of our Clients in about 60 days due to the urgency of the position.

References
References are attached in Appendix C. of this proposal.

Additional references are available upon request.

Cost/Pricing information
Neher & Associates is a retained firm and as such we charge our clients on either a negotiated fixed fee or negotiated percentage of the base salary of the placement. We do not provide contingency recruiting services.

We are proposing the professional fees for any search as a flat fixed fee. Direct expenses are also charged and are being estimated separately from the professional fee. These expenses are capped with a not to exceed limit of $4,500 for the first executive search. Additional searches for the City of Modesto could receive a significant discount with expenses.

Direct expenses generally include such items as advertising, research, communication costs, printing, administrative support services, and travel for our project team members to meet with you and interview candidates, etc. consistent with your standards and approval process. We would be happy to provide any additional details you may require. In the meantime, advertising usually runs between $1,000 to $1,800; brochure costs average at about $600 - $1,000 depending upon use of printed or strictly electronic brochure copy which could reduce the cost to under $-500. Travel & per diem for our staff relates primarily to our meetings with you and other designated stakeholders including the initial scope of service meeting/interviews, Progress Report and Final Interviews with candidates as well as some cost for travel in screening candidates. Any meal costs would be based on the policies of the City of Modesto. Mileage would also be charged at the City’s normal staff reimbursement rate.

Some mileage and/or flight costs may be incurred depending on leading candidate screening done in person or by video conference. Given that our main office is not that far from the City, we would anticipate general expenses to be low.

We also do not, like some firms, believe that once the expenses cap is set that we have a right to bill out 100% of the figure set. We will invoice only for actual expenses and will provide documentation.

Unlike most firms, it is not uncommon for us to leave some expense savings on the table at the end of the search that can be returned to your budget. As an example, we saved over 25% of original projected expenses for one recent client and almost 30% for another.

Please note that we generally check at least five (5) to eight (8) telephone references on finalists #9..
- 778 -
City of Modesto, CA 13
including immediate superiors, colleagues, staff reporting to the candidates, and significant others who can provide other specific information warranted or suggested such as contacts in Finance, HR, Development, IS/IT, Public Safety, Community, etc. (we completed 12 references for a search for the State of Oklahoma). We also complete a thorough background check (education, certification/licenses, DMV, criminal, and media) on the finalist.

Given current budget /financial considerations for most public agencies today, and close proximity/location to our office in West Sacramento, the professional fee for the first search for the City of Modesto is proposed at a fee of $15,000. Additional searches would receive a further discount based on number and type/level of positions.

As an accommodation to the City, the professional fee may be payable in three installments with the first installment due at the beginning of the search, the second in 30 days, and the final when a final pool of candidates is selected. We can also arrange to invoice on the basis of specific tasks as we have done with a number of recent clients.

We will bill you monthly at cost for direct expenses (as noted above) necessary to successfully complete the search. These costs will be advanced by Neher & Associates. We would appreciate reimbursement by the City upon the presentation of receipts and an itemized statement. Direct expenses are capped as noted above.

Reimbursement of candidates’ interview expenses with you will be your responsibility, and we will arrange to have these expenses submitted to you for direct payment. We have, however, incorporated candidate expense in some contracts and would be willing to discuss this.

We will begin work when a signed Contract or Engagement Letter is returned to us. Unless there are special circumstances, we ask that if possible, payment would be due within 30 days of the statement date. Retainers paid to Neher & Associates are non-refundable.

We will at all times provide services that are ethical and responsible in support of the interests and goals of the City of Modesto.

In the event it becomes impossible or unnecessary for Neher & Associates to complete a search, due to supervening circumstances beyond the control of either party or at your choosing, Neher & Associates would be discharged from this Agreement and the City will owe us nothing beyond the retainer installments accrued since the start of the contract and any as-yet-unreimbursed expenses incurred.

If you would like to discuss or be billed on individual tasks, in general the services and tasks would divide as follows:
20% - Scope of Services and initial meetings/discussion 15% - Initial research and position profile/brochure
5% - Ad placement
20% - Candidate research, recruiting and networking
20% - Candidate screening and reporting
20% - Background checks, Final Report, Client Interviews, and negotiations #9..
- 779 -
City of Modesto, CA 14
0% - Follow-up with Client and Candidate after placement

APPROACH AND ADDITIONAL INFORMATION
Most of the approach has already been addressed in comments above under “Scope of Service/Work Plan” and the various subsections including “Scope of Services”, “Key Meetings”, “Interview Process”, “Appointing Authority”, etc.

We will seek out (following initial discussion/meetings with designated City representatives) input from the community and key stakeholders throughout the search. This will help to develop strategy, position specifications, recruitment brochure, outreach, networking etc and later as we develop screening/selection tools and interview process.

We will meet and/or talk with representatives of the City Council, City Manager, Department Heads, and any Peer, Internal and Citizen Advisory Panels in cooperation and with guidance from the City and will work with the Council, City Manager, Human Resources Director, Selection/Search Committee and Advisory Groups in the development, structure, and logistics of any planned screening and interview processes agreed upon as part of the initial and on-going recruitment process and strategies. This may include meetings, conference calls, e-mails, draft material review/input etc. as appropriate to the agreed upon process.

We, of course, will also be coordinating and facilitating the process with the final candidates, significant others etc. including travel, hotel, and other accommodations, as well as offer and contract negotiations with the final candidate. Timelines and specific deliverables would be established at the start of the search as well as reviewed and monitored throughout the search.

SAMPLE MATERIALS
Recruiting materials including announcements, ad copy/placements, networking and invitation letters, research listings and e-mail contact lists, position profile, recruitment brochure, supplemental candidate questionnaires, evaluation/screening sheets, resume summary materials(minis), evaluation/reference reports etc are usual in our searches and are developed to fit the specific client and position. We consider some of these materials to be proprietary but will be happy to share some of the formats etc. them in advance if we are selected.

The recruitment brochure almost always includes: a description of the Organization and Community; an overview of the position with duties and responsibilities, Issues, Challenges and Opportunities, Qualifications including education and experience, candidate expertise, management style and personal traits, Compensation, and the Application Process. The brochure also includes pictures of the Organization and Communities, the City Logo etc.

We also conduct media checks on candidates as well as education, license and certification checks on leading candidates/finalists, being invited for interview. As previously mentioned, we also arrange for a full and complete background check on the finalist(s) and have specific forms for education, certifying and licensing bodies, candidate signed release forms/authorization forms etc.

In addition, we provide weekly electronic/e-mail and written status reports on the search, a “Progress #9..
- 780 -
City of Modesto, CA 15
Report” with information on Leading Candidates, and a “Final Report” for use at the interview with Finalists that includes, resumes, summary materials, supplemental materials/information, interview questions, interview rating forms, interview process/legal information, etc.

GUARANTEES
Service Guarantee & Expectations
We guarantee you that we will identify and recruit highly qualified candidates for the City positions assigned regardless of the time and effort required, and that we will complete the search(es) to your satisfaction. We ask in return that you commit to respond to our inquiries and candidates in a timely manner, to pay our bills promptly, and to provide honest guidance to us in the course of the search on both criteria and candidates.

If you hire a candidate whom we have found and recommended, and if within eighteen months from the date of hire you choose to terminate that person for any reason except disability or the person leaves for any reason except death, disability, military, or a national emergency, we will reopen this search and replace the person for no additional professional fee. The only charge to you would be for direct expenses as outlined above. We offer this warranty provided that you request such a process within 30 calendar days of the hire’s termination or resignation.

FINAL COMMENT
We will work with the City and your designees as partners in the search. The search process will be tailored to your specific needs. We will also give due consideration to requirements and special features identified by the Council, City Manager, Department Heads, Human Resources Director and Search Committee. We do not treat all searches the same and we do not recycle candidates but rather search specific to your organization, community criteria and needs. We work heavily with networking and personal calls and see advertising as an adjunct.

We are also highly computerized and use electronic correspondence and recruiting mechanisms to a high degree. Although some mailings etc may be done, we have found that information given directly to potential candidates and networking contacts in their direct e-mail is more efficient and gets longer term positive results.

We will start the searches immediately upon approval and will work with you to accommodate an aggressive search schedule aimed at having your new positions filled and the selected candidate(s) on board as early as possible.
#9..
- 781 -
City of Modesto, CA 16

APPENDICES
Appendix A. Project/Search Team
Appendix B. Representative Client List
Appendix C. References
Appendix D. Neher & Associates Brochure/Announcement
and Sample Client Executive Search Brochures

#9..
- 782 -
City of Modesto, CA
APPENDIX A. PROJECT/SEARCH TEAM
Robert Neher is President of Neher & Associates. He has over 30 years of executive management and consulting experience and has conducted and managed numerous regional and national recruitments for public and private sector clients. Previous Executive Recruitment experience includes having served as Executive Vice President of Bennett Yarger Associates, Executive Vice President of Intech Summit Group, Inc., as a Vice President of Norman Roberts & Associates, Inc., and as a Managing and Regional Director with MAXIMUS. Additional experience includes having served as Executive Director, National Consulting for Joint Commission World-Wide Consulting; and Vice President and Chief Executive Officer of Vista Management Services. Mr. Neher has also served as Executive Director of a Hospital Association representing multiple hospitals, as a County Human Services Agency Director and as a Deputy County Administrative Officer.

His public sector clients have included numerous city, county governments, state government, utilities, education, and not-for-profit agencies and organizations, where he has recruited numerous City & County Managers, Deputy Managers, Finance Officers, Public Works Directors, Legal, Human Resources, Human Services and other high-level executives including in education, healthcare, information systems, utilities, transportation, and other industries.

He received his Bachelor of Science degree from San Diego State University and a Master’s degree in Urban Studies and Public Administration from Occidental College. He was also an Economic Development Intern with the US Department of Commerce and a Fellow in Public Affairs with the prestigious CORO Foundation. He is a current and past Board member, officer, fellow, diplomate, and general member of numerous professional and community organizations including the ICMA and GFOA and is the recipient of many awards and honors for his teaching, business, and public service. Mr. Neher has authored articles and spoken before statewide, regional, and national organizations on the subjects of operational management, managed care, integrated systems delivery, strategic planning, marketing, quality assessment and performance improvement, human resources management, diversity training, and executive recruitment and retention.

Mr. Neher will serve as the overall Project Manager and will be available for on-sight meetings. ***
Raymond Massie is a Vice President and General Counsel with Neher & Associates. He has over 25 years of experience in management, law, and education.

Previous positions include Assistant Professor of Business Law at Stockton State College in New Jersey, Director, Office of Minority Economic Impact for the U.S Department of Energy, Senior Labor Counsel and Senior Counsel for the Motorola Law Department, Illinois, Senior Counsel for Sears, Roebuck and Company, Illinois, Adjunct Professor for Copyrights at the John Marshall Law School in Chicago, Director of Tactical Analysis in the Office of the President at Florida Atlantic University, and Associate Vice President of Business Affairs and General Counsel at Saint Leo University, Florida, and General Counsel at K2 Financial, LLC in Delaware.

Dr. Massie has a Jurist Doctorate from the John Marshall Law School in Chicago, and bar #9..
- 783 -
City of Modesto, CA
memberships in New Jersey, Pennsylvania, and Washington, D.C. He is also an Authorized House Counsel in Delaware and Florida.

He will serve as a Co- Project Manager on the search(es).

Lawrence Davenport is Executive Vice President and CFO of Neher & Associates. He has over 30 years of top-level executive management and consulting experience in education, public and private sector business, and government organizations
His experience includes serving as Senior Vice President of Bennett Yarger Associates, Executive Vice President for University Advancement/Executive Director for FAU Foundation and Chief Operating Officer for Florida Atlantic University, Chief Executive Officer for Hale House Center, Inc in New York, Senior Vice President- Mid-Atlantic Region, AntinNeher Associates, CA, Vice President of Finance and Operations and Chief Financial Officer for Milton Hershey School, PA, Provost for the San Diego Community College District, CA, Vice President for Development, Tuskegee Institute, AL and Assistant Dean, the University of Michigan-Flint, MI.

Chief Financial Officer for Seattle Public School, WA, Associate Vice Chancellor for University Advancement and Planning at the University of California, San Francisco.

He has also served by Presidential appointment as Assistant Secretary for Management and Administration for the United States Department of Energy, DC, Assistant Secretary for Elementary and Secondary Education, United States Department of Education, DC, and Associate Director of ACTION, DC. In addition, he served as the Deputy Administrative Officer for the U.S. House of Representatives.

Dr. Davenport received a Bachelor of Arts and Master of Arts Degree from Michigan State University, an additional Master of Arts from Leicester University, England, and a Doctorate of Education from Fairleigh Dickinson University, NJ. He also has completed additional training in management and finance at Stanford University, CA and Harvard University among others. He has written several articles and is co-author of the book Career and Minorities. He has served on numerous advisory councils and commissions, including Presidential appointments as Chairman of the National Advisory Council of Vocational Education and Vice Chairman of the National Council on Equality of Educational Opportunity. In addition, he has served as a member of the Editorial Board for Financial Executive Institute, and a Member of the Board of Trustees for Financial Executives Research Foundation. Dr. Davenport has also received numerous honors and awards including profiles in Financial Executive Magazine, and appears in Who’s Who in America, Who’s Who Among Black Americans, and Who’s Who in Finance and Industry.

He will serve as a consultant on the search(es).

***

#9..
- 784 -
City of Modesto, CA
APPENDIX B. NEHER & ASSOCIATES CLIENT LIST
Attached is a Neher & Associates Client List of Executive Recruitment Clients and Searches APPENDIX C. REFERENCES
References are available upon request.

References were also submitted in conjunction with the prior contract with the City of Modesto.

APPENDIX D. NEHER & ASSOCIATES BROCHURE/ANNOUNCEMENT

SAMPLE CLIENT RECRUITMENT BROCHURES
#9..
- 785 -
Submittal date: April 28, 2023
Submitted by:

Koff & Associates
2835 Seventh Street
Berkeley, CA 94710
Frank Rojas
Recruitment Manager
[email protected]
510.495.0448
KoffAssociates.com

EXECUTIVE RECRUITMENT SERVICES

CITY OF MODESTO
#9..
- 786 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
April 28, 2023
Kelly Rice-Ortiz, Executive Assistant
City of Modesto
1010 10th St,
Modesto, CA 95354
Dear Ms. Rice-Ortiz,
Thank you for the opportunity to submit our proposal to assist the City of Modesto with Executive Recruitment services. We are excited about the possibility of continuing this partnership and supporting the City with Executive Recruitment. Koff & Associates (K&A), a Gallagher company, is uniquely qualified based on over 37 years of assisting public agencies with finding and placing candidates dedicated to public service.

Our unique selling proposition lies in K&A’s experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.

Conducting countless executive search efforts has made K&A an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.

As K&A’s Recruitment Manager, I am available to answer questions about this proposal, as well as our team and recruitment services. You can reach me at (510) 495-0448 or [email protected].

Sincerely,
Frank Rojas
Recruitment Manager
#9..
- 787 -
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | KoffAssociates.com Table of Contents
Business Information 1
Experience and Qualifications 1
Recent Successful Recruitments 2
Project Team 5
Project Approach / Methodology 7
References 11
Pricing Proposal 12
Other: Professional Services Agreement Acknowledgement 13 Signature Page 14
Attachment: Sample Brochure
#9..
- 788 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
1 BUSINESS INFORMATION
Koff & Associates (“K&A”) is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.

As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.

EXPERIENCE AND QUALIFICATIONS
With 37 years of HR experience, Koff & Associates knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish – providing sourcing expertise, full-cycle recruitment at the start of your search through the start date of your newest employee, and everything in between.

Our long list of clients indicates our firm’s reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A is “hands on” and responsive with the ability and expertise to identify the ideal candidate(s) for the City of Modesto.

K&A uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.

K&A provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization’s people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.

We build enduring
relationships
We source top talent reflective of the communities you serve. With our focus on inclusion, networking and partnering with minority-based associations, utilizing bias-reducing tools, and drawing from our own employees’ certification training, we are leaders in public sector Diversity and Inclusion.

We value strength in
diversity
K&A uses advanced programs and unique sourcing methods to identify candidates which traditional recruiting strategies might have missed. We continuously gather and analyze important data points and are always looking ahead at how we can use information technology to better serve you.

We leverage innovative
search technology
#9..
- 789 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
2 RECENT SUCCESSFUL RECRUITMENTS
The following is a partial list of recent executive recruitments conducted by Frank Rojas (some while at a previous firm):

Agency Title Year Completed
City of Soledad City Manager 2023
City of East Palo Alto City Manager, Chief of Police 2023 City of Vista Fire Chief 2023
City of West Hollywood Economic Development Director 2023 City of Pasadena Director of Library & Information Services, Chief of Police, Controller 2023 - 2022 City of Palm Springs Fire Chief, City Manager 2023
City of Carson Finance Director, Public Works Operations Manager, Community Services Director, City Manager, Public Works Director 2023 - 2020 City of Oxnard
Chief Financial Officer, Budget Manager, Public Works Dir., Asst. Public Works Dir. (2), Purchasing Manager, Controller, Communications & Marketing Manager, Assistant City Attorney, Planning & Environmental Manager, Assistant Director of Housing Programs, Environmental Waste Division Manager
2023 – 2017
City of Berkeley
I.T. Director, Deputy Director of Finance, Public Works Director, Deputy City Attorney (2), Director of Health, Housing and Community Services, Operations Manager (2), Accounting Manager
2023 – 2020
East Bay Regional
Park District
Chief Information Officer, Chief of Design & Construction, Chief of Interpretive & Recreation Services 2023
City of Salinas Finance Director, City Manager, Chief of Police, Assistant Finance Dir. 2023 – 2021 City of West Hollywood Director of West Hollywood 2023
City of Ontario Assistant Community Development Director, Director of Economic Development, Assistant GM Water Utilities 2023 – 2021
City of Millbrae Community Development Director, Public Works Director, Finance Director 2022 – 2021
West Valley
Water District General Manager 2023
City of Rialto Director of Community Development, Director of Engineering Services 2023 2022 City of Patterson Finance Director 2022
Contra Costa
Water District
Assistant General Manager (Engineering & Construction), Finance Director 2023 – 2022
City of Signal Hill City Manager 2022
City of Leavenworth City Administrator 2022
City of San Jose Assistant CIO, Chief Information Officer 2022 #9..
- 790 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
3 City of Long Beach City Treasurer 2022
San Mateo County
Transportation Authority
Deputy Director, Transportation Authority; Executive Officer for Civil Rights, Employee & Labor Relations, and Human Resources; District Surveyor, Real Estate
2022 – 2021
City of San Bernardino
Director of Public Works, Chief of Police, Director of Human Resources, Director of Animal Services, Director of Finance, Assistant Director of Human Resources (Risk)
2022 – 2021
County of Riverside County Counsel, Diversity Equity, and Inclusion Officer, Chief Executive Officer, Animal Services Director 2022 – 2020
East Valley
Water District General Manager/Chief Executive Officer 2022 Stinson Beach Co. Water
District General Manager 2022
City of Oceanside City Manager 2022
Los Angeles County
Vector Control District General Manager 2022
Metro Parks Tacoma Chief Financial and Administrative Officer 2022 City of Calexico City Manager, Chief of Police 2022
CALAFCO Executive Director 2022
Santa Barbara MTD Director of Finance and Administration, Director of HR and Risk 2022 City of Lawndale Director of Finance / City Treasurer 2022 City of Tracy City Attorney 2022
City of Riverside Budget Manager 2022
County of Stanislaus Director of Animal Services 2022
City of Cherry
Hills Village Chief of Police 2022
City of Woodland Park Chief of Police 2022
City of Oroville Chief of Police 2022
Humboldt Waste
Management Authority Executive Director 2021
City of Chico Public Works Director 2021
Tahoe RPA Director of Human Resources & Organizational Development 2021 County of Santa Clara Planning Services Manager/Deputy Director 2021 First 5 Alameda County Human Resources Director 2021
City of San Diego Director of Transportation 2021
City of Glendale City Manager 2021
Orange County Social
Services Agency Chief Deputy Director, Division Director (3) 2021 - 2019 #9..
- 791 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
4 City of Carson Public Works Director, Community Services Director, City Manager 2021 - 2019 City of Colton Public Works & Utility Services Director 2021 City of Redlands Director of Municipal Utilities & Engineering, Fire Chief 2021 - 2020 City of Ontario Economic Development Director 2021
County of Tulare Director of Human Resources & Development, Director of Information & Communications Technology 2021 -2020
City of Millbrae Director of Finance, Community Development Director 2020 City of Avondale Development & Engineering Services Dir., Economic Development Dir. 2020 - 2019 City of Redlands Fire Chief, Director of Municipal Utilities & Engineering 2020 City of Shafter City Manager 2020
City of Ontario Municipal
Utilities Assistant General Manager 2020
City of Bell Director of Community Development 2020
City of Los Angeles Human Resource & Payroll Project Manager (ERP implementation) 2020 County of San
Bernardino
Public Works Director, Human Resources Director, Assistant HR Director, Director of Land Use Services, Regional Parks Director 2020 - 2018 Orange County LAFCO Assistant Executive Officer 2020
LA Metro Chief Ethics Officer 2020
Orange County Fire
Authority Purchasing Manager, Fleet Manager, Human Resource Director 2020 - 2017 City of Banning Director of Administrative Services, Director of Parks and Recreation 2019 City of Santa Ana City Manager, Parks & Recreation Director 2019 City of Bell Gardens City Manager 2019
City of Anaheim Deputy Planning Director, Engineering Manager, Buyer 2020 - 2016 City of Garden Grove Finance Director, City Manager 2019 - 2016 Desert Healthcare
District Chief Executive Officer 2019
City of San Marino City Manager 2018
County of San Luis
Obispo County Administrative Officer 2018
County of Imperial County Executive Officer 2018
City of Avalon City Manager 2018
#9..
- 792 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
5 PROJECT TEAM
Frank Rojas
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.

Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.

In addition to recently completing recruitments for the City of San Bernardino, County of Riverside, City of Riverside, City of Pasadena, and City of Calexico, recent successful efforts include positions of City Manager, Finance Director, County Executive Officer, Director of Human Resources & Development, City Treasurer, DEI Officer, Chief of Police, and Director-level hires for Information Technology, Social Services, Public Works, Economic Development, Community Services, Animal Services, and Division/Site General Managers.

Frank has been named in the top 1% viewed profiles on LinkedIn and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.

Carlo Zabala
Executive Recruiter
Carlo has over 15 years of experience in the recruiting field. He started his career as a nurse recruiter on travel nursing contracts and filling multiple roles throughout the country, working with healthcare systems to fill their needs. He then went on to work at PRIDE Industries, the nation’s largest employer of people with disabilities, recruiting for their new government contracts and corporate positions. His next recruiting role was with CVS/Aetna, a Fortune 5 company, where he worked on new Medicare contracts. Most recently, Carlo was Sr Recruiter at Shriners Hospital for Children Northern CA, implementing a new recruitment program at the hospital.

Current & Previous Recruitments: Transportation Corridor Agencies – Chief Capital Programs Officer, County of Santa Clara - Deputy Director of Parks and Recreation, City of Salinas – Planning Manager & Assistant Director of Finance, City of Berkeley – Deputy Director of Finance, City of Patterson – Director of Finance, City of Carson – Director of Finance. #9..
- 793 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
6 PROJECT TEAM, Cont.

Joshua Boudreaux
Recruiting Supervisor
Joshua has over nine (9) years of public sector Human Resources experience.

He began his public sector journey as a labor representative with the Orange County Employees Association representing employees in grievances, investigations, meet and confers, interactive processes, arbitrations, and negotiations. He transitioned into the HR world at the City of Anaheim where he led classification and compensation projects. At the Orange County Fire Authority, he worked closely with Battalion and Division Chiefs on projects such as classification and compensation, employee relations, and recruitment.

Prior to joining K&A, Joshua served as an Administrative Manager for the County of Orange where he handled employee grievances, conducted investigations, and represented the County on meet and confer items. He served as the President of the Orange County Human Resources Consortium in 2017-2018. Since joining K&A, Joshua partners his classification and compensation experience, marketing skills, and recruitment experience to bring a full-service experience to all clients. He currently manages full-cycle recruitments for California public sector agencies including, cities, counties, and special districts. He provides supervisory oversight for technical, professional, and management recruitments.

Joshua earned his B.S. in Political Science with a concentration in American Politics from the University of California, Los Angeles; his Master’s in Public Administration from Chapman University (Brandman); and a Master’s Certificate in Human Resources with emphasis in Labor Relations from Cornell University.

Current & Previous Recruitments: City of Seaside – Associate Engineer, Senior Engineer; City of Fairfield – Fire Inspector I/II; Valley Water District – Environmental Planner/Regulatory Specialist, Senior Engineering Technician, Sr. Information Systems Technician; County of Sonoma – Real Estate Manager; Alameda County Water District – Director of Engineering; Dublin San Ramon – Waste Water Treatment Superintendent, Electrician II; City of Long Beach – Jail Administrator, Medical Director, Occupational Health Services Manager; Port of Oakland – Maintenance Manager; City of Gilroy – Fleet Superintendent; Big Bear Lake – Senior Accountant; City of Richmond – Budget Administrator, Accounting Manager; Monterey One Water – SCADA Analyst; City of Richmond – Deputy Director of Community Services: Employment and Training.
#9..
- 794 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
7 PROJECT APPROACH/METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.

K&A will provide weekly progress reports to the City and participate in conference calls and onsite meetings as requested.

We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.

Step 1: Ideal
Candidate Profile
Step 2: Five
Week Window of
Application and
Sourcing
Step 3:

Recommendation
of Candidates
Step 4: Interview
Facilitation
Step 5:

Background,
References, and
Offer
#9..
- 795 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
8 Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process.

We will coordinate with the City in identifying and developing:
 The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
 Position competency requirements, i.e., knowledge, skills, and abilities;  Personal and professional attributes required of and priorities for the new incumbent;  Type of working relationship senior leadership desire with the new incumbent;  Advertising strategies in conjunction with a national and/or regional outreach campaign;  Compensation levels; and
 Schedule of deliverables from K&A.

After meeting(s) with the City, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.

Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City’s feedback. The brochure will highlight the strengths of the City of Modesto and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.

Step 2: Five Week Window of Application & Sourcing
K&A can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City prior to first-round interviews.

Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.

In coordination with the City, K&A will:
 Identify prospects;
 Provide each potential candidate with access to the recruitment brochure;  Capture interested candidates in our recruitment project database; and  Provide representative data to the City, including candidate documents, interview notes, and an outline of the recruitment process.
#9..
- 796 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
9 Step 3: Recommendation of Candidates
K&A will provide the City with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist. This screening process is specifically designed to assess the personal and professional attributes the City has identified and will focus on each candidate’s ability, technical competency, and fit with the City’s values, culture, and needs. Our assessment will consist of:
 Experience and qualifications;
 Cultural fit based on our understanding of essential intangibles;  Clarity of any issues identified in the submitted documents;  Reasons for position interest,
 The level of commitment to the position and the organization; and  Other issues, including salary requirements.

Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates’ qualifications and management/work styles. We will facilitate all necessary communications with the City and candidates to ensure everyone is well prepared.

Interview questions will elicit information about each candidate’s technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.

Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City.

The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the City at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.

Step 5: Background, References, and Offer
K&A provides a thorough and quality reference and background check process for our clients. We start by calling candidates’ employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.

Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients’ needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.

K&A can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.
#9..
- 797 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
10 Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.

Weeks 2 4 6 8 10 12 14
Step 1
Step 2
Step 3
Step 4
Step 5
Recruiting Process During Covid-19 Crisis
We will work to counterbalance market forces and build a pipeline of potential candidates through strong marketing and branding efforts, including videos, job postings, and a social media campaign. Our ongoing communication with candidates helps with reputation and keeps them engaged; so, when there is an opportunity that matches their background, we reduce the time-to-hire. As always, communication is key. Candidates who experience a warm, communicative recruitment experience are more likely to maintain their interest and are more likely to feel welcomed into the organization. The recruitment experience is the first impression your employee receives and is a crucial factor in employee engagement and tenure.

We have embraced the virtual interview. The push into virtual technologies due to the pandemic was generally new for many public agencies. Our crystal ball tells us that virtual interviewing is not going away regardless of how the public sector world evolves going forward beyond the pandemic. Although virtual interviewing may have become necessary during this crisis, it is not a temporary strategy that should fall to the wayside; how we communicate in virtual interviews is essential and will continue to be as we move forward.

To conduct an effective virtual interview, simple steps can be taken to ensure a predictable and high-quality process.

We will be clear on exactly how the interview process will go and what candidates should expect. We are savvy at navigating the technology and can help with technical challenges on the fly. Coaching panel members to maintain a professional demeanor during virtual interviews and eliminate smartphone or other competing screen distractions, just as you would in person, can also help the process.

K&A Organizational Diversity Statement
This statement reaffirms our commitment to affirmative action and providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.

We affirm our personal and official support of these policies, which provide that K&A is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities. #9..
- 798 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
11 REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization’s needs.

Recruitment & Agency Contact
Oxnard, City of
Public Works Director, Asst. Public Works Director (2), Chief Financial Officer, Purchasing Manager, Controller,
Communications & Marketing Manager, Assistant City Attorney, Civil/Traffic Engineers
Lisa Baker
Assistant Director, Human Resources
805.385.7596
[email protected]
4300 W. Third Street
Oxnard, CA 93030
San Bernardino, City of
Director of Community & Economic Development,
Chief of Police, Director of Human Resources,
Director of Animal Services, Finance Director
Edelia Eveland
Assistant City Manager
909.384.5262
[email protected]
290 North ‘D’ Street
San Bernardino, CA 92401
Berkeley, City of
Director of Information Technology, Director of Health, Housing, and Community Services, Director of Public Works, Deputy City Attorney(s), Manager of Engineering, Operations Manager(s) LaTanya Bellow, Deputy City Manager
Liam Garland, Public Works Director
510.815.1767
[email protected]
510.981.6303
[email protected]
2180 Milvia St
Berkeley, CA 94704
Palm Springs, City of
Fire Chief, City Manager
Stephanie George
Director of Human Resources
760.323.8217
[email protected]
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
#9..
- 799 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
12 PRICING PROPOSAL
Note: Expenses do not include candidate travel.

Optional: Recruitment Video
In addition to the standard recruitment brochure, K&A can develop a Recruitment Video to better highlight the positive elements of the organization and community. These videos have proven to attract more job seekers and effectively expand the talent pool. Videos run approximately three-minutes in length and highlight the workplace environment, local landscape, and include interviews with selected staff. This video is optional and costs $3,500.

Placement Guarantee
K&A is committed to recommending only the most qualified candidates who meet all the necessary requirements and qualifications and are also a cultural fit for the City. We proactively recruit for each search effort until a successful candidate is placed.

Therefore, we promise to present to the City a selective pool of candidates that met or exceeded our standards during the thorough screening processes and have been identified as ideal matches for the position. Should the City disapprove of all final candidates or should none pass the final interview and reference check process, we will work to find a new slate of candidates at no added cost, with the possible exception of necessary advertising.

In addition, for full recruitments for executive and mid-management positions, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, we commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the Pricing Proposal.

Overall, K&A’s retention rate during the first 12 months of hire is robust and has been above 95% over the last 37 years.

Project
• Executive Recruitment Services
Professional Fee and Expenses
• Total not-to-exceed professional fee of $25,000 per recruitment, which includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background. • Invoices will be billed monthly in four equal increments of $6,250 per recruitment. #9..
- 800 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
13 OTHER: PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT We will be pleased to sign the City’s professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
 Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence;  Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place;  Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage;  Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate;
 Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate;  Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
 Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
 All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.
#9..
- 801 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
14 SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.

This proposal is valid for ninety (90) days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas Date: April 28, 2023
Recruitment Manager
#9..
- 802 -

STANISLAUS ANIMAL SERVICES AGENCY
Director of
Animal Services
#9..
- 803 -

STANISLAUS COUNTY
Stanislaus County is located in Central California within 90 minutes of the San Francisco Bay Area, the Silicon
Valley, Sacramento, the Sierra Nevada Mountains and
California’s Central Coast. With an estimated 550,000
people calling this area home, the community reflects a region rich in diversity with a strong sense of community.

Two of California’s major north-south transportation routes (Interstate 5 and Highway 99) intersect the area and the County has quickly become one of the dominant logistics center locations on the west coast. The County is home to a vibrant arts community with the world-class Gallo Center for the Arts, a symphony orchestra, and abundant visual and performing arts. Stanislaus County is a global center for agribusiness, positioned by its mild Mediterranean
climate, rich soils and progressive farming practices.

The area is recognized internationally for agricultural innovation with wine, almonds, poultry, milk, cattle, and walnuts being some of the featured industries. The County is also home to California State University Stanislaus, Modesto Junior College and benefits from satellite
locations of other high-quality educational institutions. The County was established in 1854 and has a total land area of 1,515 square miles. Temperatures range from an average
low of 43 degrees in the winter, to an average high of 92 degrees in the summer. Temperatures move up into the
high 90s during the summer months with low humidity and cool evening breezes from the San Joaquin Delta.

To learn more about the County, click here:
https://www.stancounty.com/living-visiting/

THE AGENCY
Based in Modesto, CA, the Stanislaus Animal Services
Agency is a Joint Powers Authority established in 2009
and is made up of the cities of Modesto, Ceres, Patterson, Waterford, Hughson, and the unincorporated areas of
Stanislaus County.

The nearly 34,000 sq. ft. shelter opened in 2010 to house hundreds of pets each day. The Animal Services team
provides public safety and protects the health and welfare of animals in our community through a wide variety of
programs and services related to adoptions, spay and
neuter, vaccination clinics, dog licensing and regulatory compliance. The team works closely with foster families, rescue partners, and volunteers for positive outcomes.

There are 35 well-trained staff, and an annual budget of just over $5 million.

What We Do:
➤ We prevent and investigate the inhumane treatment of
animals.
➤ We educate and inform the public in the areas of
animal codes, animal ordinances, and responsible pet
ownership.
➤ We respond to emergency and routine service requests
from the public and law enforcement.
➤ We impound (domestic and wild) stray animals.
➤ We provide aid and services to help the public locate their lost animals.
➤ We implement, maintain, and encourage an adoption
program for impounded animals.
➤ We provide, with veterinary supervision and/or
assistance, medical attention for impounded animals.

To learn more about the Stanislaus Animal Services
Agency, please visit: www.stanislausanimalservices.com

THE POSITION
Reporting to the Stanislaus Animal Services Agency Board, the Director of Animal Services plans, organizes, and
directs the programs responsible for the care, control, and licensing of impounded animals. This Director oversees the operation of a comprehensive program that emphasizes
public education of animal welfare, rabies control and
licensing enforcement. This individual administers, directs, and coordinates the activities of the agency and carries out the goals and objectives of the Board, providing a safe animal services community.

Responsibilities include but may not be limited to the
following:
➤ Provide day-to-day leadership for department
employees through communication and demonstration
of the organization’s Vision, Mission and Values.
➤ Assess the animal care service needs of the community and report to the Board on the department’s role and
activities in fulfilling these needs.
#9..
- 804 -
➤ Develop, recommend, and implement operating
policies and procedures for the effective management
of the Center.
➤ Prepare and monitor the annual budget including
expenditure control and revenue collection processes.
➤ Oversee processes for recruitment, hiring, selection, evaluation, and discipline of employees.
➤ Set and maintain standards for customer service
including complaint resolution.
➤ Establish and maintain cooperative relations with
Federal, State, and local agencies and private groups
concerned or involved with animal related issues.
➤ Represent the department at various business or public gatherings and effectively advocate for Animal Services. ➤ Speak before groups as required to educate the public regarding the animal service function.
➤ Develop and implement technology programs to
improve the departments automation needs.
➤ Draft, negotiate and administer animal control contracts with City Managers and legislative bodies.

THE IDEAL CANDIDATE
The ideal candidate will be a dynamic and insightful
service-oriented leader with strong supervisory and
budgetary abilities and have a solid understanding
of current animal service principles and practices.

Excellent interpersonal skills are necessary to promote a team-oriented working environment and a culture of
accountability, responsiveness, and trust. The successful candidate will be a self-motivated, hands-on contributor who is goal and solutions-oriented, and is capable of
program implementation through collaboration, building
strong partnerships with businesses, associations, and
other key stakeholders.

Demonstrated leadership and a role model with a positive presence who demonstrates initiative, is action-oriented, exercises good judgment, treats others with respect, and is open and approachable.

An active problem solver who anticipates and responds
to problems in a timely manner, develops alternative
solutions, and is able to bring resolution to issues quickly, involving others as needed.

Key Attributes and Characteristics
➤ Strong project and people manager who inspires new
ideas and creativity; leads and demonstrates diplomacy, inclusivity, and a positive attitude.
➤ An excellent communicator projecting high integrity and ethical conduct; who cultivates productive relationships with the governing Board, partnering agencies and
community groups, County and department staff, and
the general public.
➤ An experienced strategist: able to make and stand by
difficult decisions and articulate those to audiences of all levels.
➤ An active problem solver who anticipates and responds to problems in a timely manner, develops alternative
solutions, and is able to bring resolution to issues
quickly, involving others as needed.
➤ An outstanding manager of people who provides
guidance and professional support to staff, offers
regular feedback to employees, and serves as a mentor
in providing training and development opportunities.
➤ A leader who can stay focused on the goals and mission of the organization, has high emotional intelligence,
thick skin, and a sense of humor.

QUALIFICATIONS
➤ Possess a Bachelor’s degree in Business or Public
Administration, Animal Science, or a closely related
field.
➤ Possess at least five (5) years experience which includes management and supervisory experience in an animal
care setting.
➤ A background working in the public sector is highly
desirable.
#9..
- 805 -

SALARY AND BENEFITS
The starting salary range of $106,995.20 - $160,492.90
depending on qualifications and experience.

In addition to a competitive salary, the Agency offers an excellent benefits package that includes:
➤ Retirement – The Stanislaus County Employees’
Retirement Association (StanCERA) is a public
employees retirement system operating under
the County Employees Retirement Law of 1937,
Government Code Section 31450 et. seq. and the
California Public Employees’ Pension Reform Act
(PEPRA).
➤ Medical Insurance – Health Partners of Northern
California (HPNC) or United Healthcare (UHC).
➤ Dental Insurance – Delta Dental.
➤ Vision Insurance – VSP.
➤ Life Insurance – Supplemental Employee and spousal
TERM AD&D Life Insurance and Child Term Life
Insurance.
➤ Vacation Accrual – 4.62 hours biweekly first year. 6.16 hours biweekly beginning 2nd-20th years. 7.70 hours
biweekly beginning 21st years. Prorated if less than 80 hours base.
➤ Sick Leave Accrual – 3.7 hours per pay period. Prorated if less than 80 hours base.
➤ Deferred Compensation – 2.0% of base wages.
➤ Car Allowance – $184.62 per pay period, plus mileage. ➤ Moving Allowance – Recruiter from out-of-County up
to $3,000. Paid by the Department.

For additional benefits information, please visit the
following website: https://www.stancounty.com/
riskmgmt/docs/eb-forms/benefit-summaries.pdf

APPLICATION PROCESS
The final filing date is Friday, January 28, 2022.

To be considered, please submit a resume, cover letter, and five work related references (who will not be contacted in the early stages of the recruitment) to: https://
koffassociates.com/director-of-animal-services/
Resumes should reflect years and months of positions
held, as well as size of past organization(s).

For additional information, please contact:

Frank Rojas
Phone (510) 495-0448
[email protected]
Website: https://koffassociates.com/
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant
qualifications will be given preliminary interviews by the consultant. Koff & Associates will report the results to the Agency. The Agency will then select candidates to
participate in panel interviews. Extensive reference and background checks will be completed on the selected
candidate.
#9..
- 806 -
5800 Stanford Ranch Road
Suite 410
Rocklin, California 95765
916.630.4900
www.ralphandersen.com
April 19, 2023
Mr. Joseph Lopez
City Manager
City of Modesto
1010 Tenth Street, Suite 2200
Modesto, California 95353
RE: RFP – Executive Level Search Firm
Via Email: [email protected]
Dear Mr. Lopez:

Ralph Andersen & Associates is pleased to submit our Proposal to provide executive search services for the City of Modesto, and we would look forward to working with the City to recruit for key executive level positions throughout the City.

If selected to conduct this search engagement, kick-off activities, stakeholder meetings, resume review meetings, as well as all candidate interviews will be enabled using Zoom Video Technology.

The executive recruitment techniques used by Ralph Andersen & Associates have been developed and used successfully with hundreds of clients for more than 51 years. With the reputation of Ralph Andersen & Associates you will have the opportunity to consider candidates located throughout the State of California, the Western Region, as well as from across the United States.

Our mission and commitment to the City of Modesto is to provide the highest quality of search services in the industry as measured by the comprehensive nature of our search process, the caliber of candidates we present, and the success of those candidates in our client’s organizations.

We have all the advantages of a large firm – extensive resources, collective knowledge in our markets, and are an extremely capable, high performance 17-member search team – with a longterm proven and verifiable track record of exceeding our clients’ expectations.

The combination of experience and diverse backgrounds gives the consultants at Ralph Andersen & Associates a comprehensive understanding of what it takes to build an effective organization – leadership, integrity, vision, fiscal acumen, transparency, superior interpersonal skills, and a strong commitment to service.

Mr. Robert Burg, Executive Vice President, will be the Project Director on this recruitment and can be reached at (916) 630-4900, on his cell at (805) 264-2663, or via email at [email protected].

Ms. Heather Renschler, President/CEO, and Mr. Robert Burg, Executive Vice President, are both stockholders in the firm and, as such, are able to bind the firm.

We are proud of how we market and represent our clients; all of the design, graphics, and printing of our marketing material is done in-house so we can control the quality and production timing. A sample recruitment e-profile for the City of Modesto’s Chief of Police search is attached for your reference. To see additional samples of our recruitment brochures, as well as the way in which we market our clients digitally, please visit the Career Opportunities page of our website at www.ralphandersen.com.
#9..
- 807 -

Page 2 ends

Finance CommitteeAugust 21, 2023

Finance Committee
August 21, 2023