Agenda packet, first session — Modesto City Council, September 12, 2023 (part 3 of 8)

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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

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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

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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

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 22, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Toby Wells, 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 approving the updates to the Change Order Approval Policy for the City of Modesto Capital Improvement Program (CIP) Projects. (Funding Source: Capital Improvement Projects) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

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.

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. #13..
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City Council, September 12, 2023
Revision of Change Order Policy for Capital Improvement Program Projects

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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.

COMMITTEE RECOMMENDATION:

This item was presented at the August 21, 2023 Finance Committee and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the revised Change Order Approval Policy for the City of Modesto CIP Projects.

Approved by: _____
DeAnna Christensen, Director of Finance
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City Council, September 12, 2023
Revision of Change Order Policy for Capital Improvement Program Projects

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

1. Resolution

2. Change Order Policy Revision
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE REVISED CHANGE ORDER APPROVAL

POLICY FOR THE CITY OF MODESTO CIP PROJECTS
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, on July 9, 2019 under Resolution 2019-326, 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; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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; and
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2 WHEREAS, the summary below highlights the changes to the proposed Change Order Approval policy:
1) Remove 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; and
WHEREAS, these policy revisions will assist in establishing a standardized guideline, as well as help to increase project delivery efficiencies.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the revised Change Order Approval Policy for the City of Modesto CIP Projects.
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3 The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 12th day of September 2023, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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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/XX09/12/2
023

Policy Number: 1.028
City Department: Engineering Services
Subject: Change Order Approval Policy
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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.

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, LEGISLATIVE HISTORY: POLICY No. 1.028
RESO 94-443; RESO 2019-326

8. 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 LEGISLATIVE HISTORY: POLICY No. 3.6
RESO 94-443
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EXHIBIT A
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 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
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 23, 2023
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Third Amendment to Professional Services Agreement 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. (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 it is building a high performance organization that attracts and retains high performance employees. By completing these pre-employment 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. #14..
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Third Amendment to Professional Services for Pre-employment Background Checks

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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 amount should have been sufficient 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 has begun 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 pre-employment background checks for current needs. Staff recommends a third amendment for the Professional Services Agreement 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.

COMMITTEE RECOMMENDATION:

This agenda item was reviewed by Finance Committee on August 21, 2023 and was recommended for forwarding to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Third Amendment to the Agreement with Employee Relations, Glendale, CA for conducting Pre-Employment Background Checks to increase the amount by $15,000 from $49,900 to a new total amount not to exceed $64,900 and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, September 12, 2023
Third Amendment to Professional Services for Pre-employment Background Checks

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Approved By:

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

1. Resolution

2. Employee Relations Agreement

3. First Amendment for Employee Relations Agreement

4. Second First Amendment for Employee Relations Agreement

5. Third Amendment for Employee Relations Agreement

6. Exhibit A and B
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH EMPLOYEE RELATIONS, GLENDALE, CA FOR CONDUCTING PREEMPLOYMENT BACKGROUND CHECKS TO INCREASE AMOUNT BY $15,000 FROM $49,900 TO A NEW TOTAL AMOUNT NOT TO EXCEED $64,900

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Human Resources Department has utilized Employee Relations, Inc. since contracting with them on January 31, 2020; and WHEREAS, a first amendment with Employee Relations was executed on March 4, 2022, to increase funds from $24,000 to $45,000; and WHEREAS, a second amendment was executed on May 30, 2023 to increase funds from $45,000 to $49,900; and
WHEREAS, hiring has increased substantially, requiring a higher fund amount while a new informal bid process is conducted; and
WHEREAS, Staff recommends a third amendment for the Professional Services Agreements with Employee Relations, Inc., Glendale, CA in the amount of $64,900; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves 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.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #14..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of September, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers?
NOES: Councilmembers?
ABSENT: Councilmembers?
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO AGREEMENT

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

This First Amendment to the Agreement for Pre-Employment Background Checks (the “First 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 First 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 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 $24,000 to $49,900.

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

1. Section 3, “COMPENSATION,” of the Original Agreement is deleted and replaced in its entirety as follows:

DocuSign Envelope ID: 43E84030-9FFF-4DAF-A05F-6EB2D82F02DD 30th May
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2 “Consultant agrees to accept a sum not to exceed FORTY-NINE THOUSAND NINE HUNDRED DOLLARS ($49,900.00) 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 FORTY-NINE THOUSAND NINE HUNDRED DOLLARS ($49,900.00).”

2. The parties to this contract further understand and agree that except as modified by this First 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 First Amendment by its City Manager and attestation by its City Clerk on ______________, and Employee Relations Inc. has caused this First Amendment to be duly executed in duplicate as of the Effective Date.

DocuSign Envelope ID: 43E84030-9FFF-4DAF-A05F-6EB2D82F02DD June 2, 2023
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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.

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 not to exceed amount from $49,900 to $64,900. #14..
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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 on _____________, by Resolution No. ________, and Employee Relations Inc. has caused this Third Amendment to be duly executed in duplicate as of the Effective Date. #14..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 22, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Executive 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. (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.

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 #15..
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Agreements for Executive Recruitment Services

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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.
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Agreements for Executive Recruitment Services

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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.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on August 21, 2023 and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Agreements 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 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.

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

1. Resolution

2. Professional Services Agreements (5)

3. Proposal for Executive Level Recruitments (5)
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AGREEMENTS 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 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
WHEREAS, local governments across the state, including the City of Modesto, are experiencing persistent challenges attracting and retaining talent in managerial and leadership roles; and
WHEREAS, talent for these positions is highly sought after as most local governments compete for the same highly qualified candidates; and WHEREAS, this results in a highly competitive, time consuming and difficult recruitment process; and
WHEREAS, 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; and
WHEREAS, 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; and
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WHEREAS, in an effort to streamline the City’s time to hire and be more efficient in its hiring process, the Human Resources Department is seeking to establish a list of executive recruitment firms that can be used immediately; and WHEREAS, the City Manager authorized the Human Resources Department to issue a Request for Qualification (RFQ) for the furnishing of executive and high-level management recruitment services; and
WHEREAS, Human Resources sent the RFQ for Executive Recruitment Services to thirteen (13) prospective proposers; and
WHEREAS, following the request, five search firms presented proposals to conduct these recruitments. Five (5) companies provided responsive and responsible proposals; and
WHEREAS, 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, and WHEREAS, the award of proposals for the furnishing of executive level recruitment services for Citywide use 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 conforms to Modesto Municipal Code 8-

3.103.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves Agreements 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 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.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreements, in a form approved by the City Attorney. #15..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of September, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers?
NOES: Councilmembers?
ABSENT: Councilmembers?
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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-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.

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 #15..
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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 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”.

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. #15..
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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 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.

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 #15..
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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.

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 #15..
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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 #15..
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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.

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 #15..
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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.

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: 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 #15..
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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 #15..
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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.

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 #15..
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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.

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
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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 #15..
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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:
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a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

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

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration 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.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

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

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 #15..
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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.
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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 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
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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.

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 #15..
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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-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-THREE 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. 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.

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 #15..
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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 #15..
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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 #15..
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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 #15..
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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: 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 #15..
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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.
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(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 #15..
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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 #15..
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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, #15..
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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 #15..
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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 #15..
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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 #15..
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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. #15..
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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 #15..
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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.
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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.

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 #15..
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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-THREE 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
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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 #15..
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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. #15..
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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.
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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.
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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 #15..
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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 #15..
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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
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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 #15..
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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.
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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.
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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.

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 #15..
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article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
#15..
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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.

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 #15..
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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-THREE 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 #15..
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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 #15..
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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.
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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.
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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
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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. #15..
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(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 #15..
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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 #15..
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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;
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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 #15..
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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.
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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 #15..
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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 #15..
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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.
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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. #15..
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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
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-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 #15..
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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-THREE 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 #15..
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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 #15..
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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 #15..
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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 #15..
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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 #15..
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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.
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(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 #15..
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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 #15..
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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, #15..
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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 #15..
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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 #15..
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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 #15..
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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. #15..
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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 #15..
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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.
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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
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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.
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We are prepared to put forth a dedicated and considerable effort using all of our resources to ensure that new executives will represent the highest standards in the profession and continue to contribute to the City’s reputation as a high-performance organization which is focused on excellence.

Thank you very much for your consideration of this Proposal. We are ready to proceed upon notification of approval. You may reach me at (916) 630-4900, on my cell at (805) 264-2663, or via email at [email protected] should you have any questions or need further clarification.

Sincerely,
Robert Burg
Executive Vice President
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Introduction
Executive Summary
Attracting top talent has never been more complex and Ralph Andersen & Associates is highly qualified to assist the City of Modesto with recruiting new executives throughout the City. We have conducted more successful executive recruitments than any other firm since 1972. From helping the City create a competency-based interviewing framework for new executives to assessing candidates and attracting top human capital, our search professionals offer an unparalleled depth of experience, national reach, and industry knowledge.

The City has requested our Proposal to assist, on an as needed basis, in the identification and recruitment of a highly qualified group of candidates for new executives. In particular, the City is seeking a firm with the national experience to clearly assess your organizational needs and formulate a strategy to deliver results.

At Ralph Andersen & Associates, we believe that gaining a complete understanding of our client’s specific objectives and priorities is essential prior to launching any search assignment. This process includes the identification and incorporation of a variety of important details such as the candidate’s desired skills and experience as well as the critical “soft skills” related to temperament, personality, management philosophy, and other factors that will ultimately determine the candidate’s “fit” with the organization.

We begin each search by working closely with your leadership, stakeholders, staff, and, when appropriate, your community to ensure a complete picture of the desired candidate pool is developed.

Our team-oriented approach matched with this 360-degree perspective means we ensure that a complete understanding of the organization’s mission and culture translates into those specific traits and characteristics necessary to ensure the selected candidate is successful in the position.

We understand that the City expects aggressive, personalized outreach to identify a diverse and highly qualified applicant pool and a selection process that includes comprehensive candidate reports based on thorough reference and background checks. We will begin with fully detailed profiles of the desired candidate’s characteristics and build a recruitment strategy that is tailored to meet the City’s specific needs. The resulting outreach and advertising campaign will incorporate the extensive use of personal outreach to recruit a diverse and highly qualified group of candidates.

Why Choose Ralph Andersen & Associates?
We take a multi-disciplinary approach to executive search and the entire process. This is where Ralph Andersen & Associates sets itself apart:
• There’s always an entire team behind every assignment. The City of Modesto gains a reliable, trusted, and resourceful search team of 16 members; • We take a multi-disciplinary approach to meeting our client’s needs; and • We keep commitments, performing at a level that exceeds our client’s expectations.

Ralph Andersen & Associates serves a nationwide clientele through its Corporate Office in Sacramento (Rocklin), California. Our national staff of professionals and support staff include acknowledged leaders in their respective fields. Supplementing their extensive consulting backgrounds, our senior staff all have personal, hands-on executive experience in the operation of public agencies and private businesses.
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History of the Firm
Ralph Andersen & Associates has been providing practical, responsive executive search and management consulting services to the local public sector and related industries since 1972. With each new assignment, we earn our reputation as the nation’s premier local government consulting organization.

Ralph Andersen & Associates is a California Corporation and is not a subsidiary nor does it have any subsidiaries. Contact information for the Corporate Office is 5800 Stanford Ranch Road, Suite 410, Rocklin, California 95765; telephone: (916) 630-4900; fax: (916) 630-4911; website:
www.ralphandersen.com; email: [email protected]. Ralph Andersen & Associates has more than 51 years of experience conducting executive recruitments for a variety of public sector agencies.

The firm currently has 17 employees.

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.

Ralph Andersen & Associates serves a nationwide clientele through its Corporate Office in the area of Sacramento (Rocklin), California. Through its network of professionals associated with the firm, Ralph Andersen & Associates also provides services to municipal clients throughout the United States.

Our staff of professionals and support staff include acknowledged leaders in their respective fields.

Supplementing their extensive consulting backgrounds, our senior executives all have personal, hands-on executive experience in the operation of public agencies and private businesses.

Ralph Andersen & Associates’ organization chart is provided below:

Corporate and Staffing
Structure
Robert J. Burg
Executive Vice
President
Heather Renschler
President/CEO
Management Consulting
and Executive Search
Practice Manager
Executive Search
Consultants Research
Associates
Graphics
Recruitment
Manager Senior Recruitment
Coordinator
Support Staff
Senior Recruitment
Coordinator
Contracts/Proposal
Manager
Executive Search
National Practice Leaders
Heather Renschler
(Western/Midwest Regions)
Robert Burg
Health & Human Services
and Public Health
(East Coast)
Ralph Andersen & Associates
Updated December 2022
(1)Former City Manager (2)Former Assistant City Manager (3)Former County Manager (4)Former Chief of Police Doug Johnson
Vice President
Human Resources
Consulting and
Executive Search
Other Members of the
Search Team
David Morgan(1)
Fred Wilson(1)
John Slaughter(3)
Serena Wright-Black(2)
Daniel Hahn(4)
David Ready(1)
Recruitment
Coordinator Accounting
Research
Assistants
Research
Assistants
Consultant
Range of Services Offered
Ralph Andersen & Associates specializes in the following primary service areas: management consulting, human resources consulting, and executive search. • Management Consulting – Ralph Andersen & Associates helps organizations improve their performance potential with a range of management consulting services. The types of #15..
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services provided by the firm include management and performance audits, organizational analyses, productivity improvement analyses, agency and service consolidation assessments, specialized financial management including debt restructuring and organizational problem solving. In addition to providing these services to entire organizations, the firm often conducts management consulting engagements that are focused in a specific service area such as public safety, city management, finance, public works, community development and other major service areas. Ralph Andersen & Associates treats every management consulting engagement as unique. This approach means we will assemble a consulting team comprised of consultants with the specific talents and experience needed to successfully achieve the client’s objectives. Our team of experienced consultants perform complex analyses and recommend solutions that are practical and most importantly, are capable of being implemented by our clients. • Human Resources Consulting – The firm provides a full range of contemporary human resources consulting including classification studies, compensation studies, benefits analysis, pay plan development, executive pay, and pay for performance. Key staff have proven success in working with labor groups and elected officials in identifying solutions and solving challenging problems. Services also include expert witness services for mediation and arbitration hearings. Our approach to consulting services is characterized by proven methods, extensive data collection, accurate analysis, and effective communication and messaging.
• Executive Search – At Ralph Andersen & Associates, there’s always an entire team behind every recruitment assignment that we undertake. Our multi-disciplinary approach takes the best ideas in executive recruiting and creates innovative ways to get the right candidates for clients. When you retain Ralph Andersen & Associates, you actually get an entire team’s worth of support and expertise working together to achieve your organization’s objectives.

The firm has conducted executive searches for large and small organizations throughout the nation. In addition to conducting searches for city manager and other chief executive officer positions, Ralph Andersen & Associates has successfully completed searches in every area of municipal service. Ralph Andersen & Associates believes the most important element of a successful executive search is to listen carefully to what our clients are looking for in terms of candidate experience and qualifications. Using these client-focused guidelines, candidate identification is undertaken through marketing and personal outreach.

Comparable Searches
Since 1972, Ralph Andersen & Associates has conducted more than 1,500 recruitments. Our clients include cities, counties, special districts, and non-profits from across the Nation. Ralph Andersen & Associates has an intimate knowledge of public sector agencies – how they work and their needs.

This will enable Ralph Andersen & Associates to provide the City of Modesto with successful placements of executive level positions.

Ralph Andersen & Associates has conducted the following recruitments for the City of Modesto (2005 to Present):
• Chief Information Officer (2017 & 2022)
• Chief of Police (2021) – Sample Attached
• City Auditor (Current Search)
• Deputy City Manager (2022 & Current)
• Deputy City Manager for Operations (2018)
• Deputy City Manager for Support (2018)
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• Deputy Director of Personnel (2006)
• Director of Community and Economic Development (2015 & 2018) • Director of Public Works (2014)
• Director of Utilities (2014)
• Human Resources Director (2016 & 2020)
• Stanislaus Regional 911 – Executive Director (2016)
• Transit Manager (2016)
Ralph Andersen & Associates has conducted the following recent recruitments in the last five years (2018 to Present):

Administration / General Services
• Charlotte, NC
 General Services Director (2019)
• Citrus Heights, CA
 Administrative Services Director (2022)
• Coronado, CA
 Director of Administrative Services (2021)
• Fullerton, CA
 Director of Administrative Services (2018 & 2019)
• Goleta, CA
 General Services Director (Limited Search) (2021)
• Monterey Park, CA
 Director of Management Services (2020)
• Northwest Fire District, AZ
 Business Services Director/CFO (2020)
Arts / Cultural / Museum / Fairs
• El Paso, TX
 Museum of History Director (2018)
Aviation
• Broward County, FL
 Enterprise Assistant Director of Business – Airport Concessions (2019) • Fresno, CA
 Director of Aviation, Fresno Yosemite International Airport (2021) • San Francisco International Airport
 Airside Operations Director (2020)
City / County Management
• Allen, TX – City Manager (2019)
• Apple Valley, CA – Town Manager (2018)
• Artesia, CA – City Manager (2022)
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• Austin, TX
 Assistant City Manager for Economic Opportunity & Affordability (2018)  Assistant City Manager for Health & Environment / Culture & Lifelong Learning (2018 & 2021)
 Assistant City Manager for Mobility (2019)
 Assistant City Manager for Safety (2019)
 Deputy City Manager (2019)
• Avondale, AZ – City Manager (2022)
• Barstow, CA – City Administrator (2021)
• Beverly Hills, CA – Deputy City Manager (2019)
• Bishop, CA – City Administrator (2018 & 2020)
• Brownsville, TX – City Manager (2018)
• Buellton, CA – City Manager (2019)
• Burleson, TX – Deputy City Manager (2021)
• Calabasas, CA – City Manager (2018 & 2021)
• California City, CA – City Manager (2022)
• Citrus Heights, CA – City Manager (2022)
• Compton, CA – City Manager (2022)
• Corona, CA – City Manager (2019)
• Coronado, CA
 Assistant City Manager (2022)
 City Manager (2021)
• Costa Mesa, CA – City Manager (2019)
• Cottonwood, AZ
 City Manager (Current Search)
• Cupertino, CA – City Manager (2019)
• Delray Beach, FL – City Manager (2019)
• Denton, TX – Assistant City Manager (2019)
• Eastvale, CA – City Manager (2022)
• El Segundo, CA – City Manager (2022)
• Emeryville, CA – City Manager (2022)
• Encinitas, CA – City Manager (2020)
• Fairfax, CA – Town Manager (2021)
• Foster City, CA – City Manager (2022)
• Goleta, CA
 City Manager (2022)
 Deputy City Manager (2019)
• Goodyear, AZ – Deputy City Manager (2022)
• Grand Terrace, CA – City Manager (2021)
• Green Valley Recreation, Inc. – Chief Executive Officer (2020) • Gustine, CA – City Manager (2022)
• Huntington Beach, CA – City Manager (2022)
#15..
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• Indio, CA – City Manager (2021)
• Irvine, CA – City Manager (2018)
• La Palma, CA – City Manager (2020)
• La Quinta, CA – City Manager (2019)
• La Verne, CA – City Manager (2022)
• Lawrence, KS – City Manager (2019)
• Lewisville, TX – City Manager (2021)
• Lincoln, CA – City Manager (2022)
• Los Altos, CA – City Manager (2021)
• Marin County, CA – Assistant County Administrator (2022) • Miami Beach, FL – City Manager (2021)
• Mill Valley, CA – City Manager (2020 & 2022)
• Modesto, CA
 Deputy City Manager (2022)
 Deputy City Manager for Operations (2018)
 Deputy City Manager for Support (2018)
• Monterey, CA – City Manager (2018)
• Moorpark, CA – City Manager (2018)
• Napa County, CA – Assistant Chief Executive Officer (2018) • Naples, FL – City Manager (2022)
• Nevada City, CA – City Manager (2022)
• Norco, CA – City Manager (2022)
• Ocean Reef Community Association, FL
 President (2019)
 President (Background) (2023)
• Oakland, CA – City Administrator (2020 & Current Search) • Orange, CA – City Manager (2022)
• Oro Valley, AZ – Town Manager (Current Search)
• Palm Desert, CA
 Assistant City Manager (2019)
 City Manager (2021)
• Palm Springs, CA
 Assistant City Manager (2021)
• Palos Verdes Estates – City Manager (2022)
• Paso Robles, CA – Assistant City Manager (2019)
• Pomona, CA – City Manager (2019)
• Powell, OH – City Manager (2020)
• Queen Creek, AZ – Assistant Town Manager (Current Search) • Redlands, CA – City Manager (2019)
• Rialto, CA – City Administrator (2019)
• Riverside, CA – City Manager (2022)
• Rossmoor, CA (Golden Rain Foundation) – General Manager (2022) #15..
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• Sacramento, CA
 Assistant City Manager – Public Safety (2018)
 Assistant City Manager – Municipal Services (2019)
• San Bruno, CA – City Manager (2018)
• San Diego County, CA – Chief Administrative Officer (Current Search) • Santa Monica, CA – City Manager (2021)
• Sierra Madre, CA – City Manager (2021)
• Solvang, CA – City Manager (2023)
• South Padre Island, TX – City Manager (2019)
• Stockton, CA – Deputy City Manager II (Two Placements) (2020) • Sugar Land, TX – City Manager (2019)
• Suisun City, CA – City Manager (2019)
• Sun City West, AZ – General Manager (2019)
• The Woodlands Township, TX – President and General Manager (2020) • Union County, NC – County Manager (2018)
• Upland, CA – City Manager (2021)
• Upper Arlington, OH – City Manager (2019)
• Vancouver, WA
 Deputy City Manager – Community and Economic Development (2021)  Deputy City Manager for Enterprise Services (2021)
• Washoe County, NV – County Manager (2019)
• Westlake Village, CA – City Manager (2019)
City Attorney / Legal
• Coconino County, AZ
 Senior Civil Attorney (Limited Search) (2022)
• Denton, TX
 Assistant City Attorney (Backgrounds (2020)
 Assistant/Deputy City Attorney (2020)
 Deputy City Attorney (2018, 2019 & 2020)
 Deputy City Attorney (Litigation) (2020)
• East Bay Regional Park District, CA
 Assistant District Counsel (2019)
 General Counsel (2021)
• Fremont, CA
 Deputy City Attorney (Current Search)
• Imperial Irrigation District, CA
 General Counsel (2021 & 2022)
• Lake Oswego, OR
 City Attorney (2022)
• Los Angeles Unified School District, CA
 General Counsel (2021)
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• Marin County, CA
 Public Defender (2021)
• Midpeninsula Regional Open Space District, CA
 General Counsel (2018)
• Nevada County, CA
 County Counsel (2019)
• Palmdale, CA
 City Attorney (Limited Search) (Current Search)
• Richmond, CA
 Assistant City Attorney and Deputy City Attorney (2021) • Sacramento, CA
 City Attorney (2018)
• Southern California Association of Governments (SCAG)  Chief Counsel (2020)
• Southern California Public Power Authority (SCPPA), CA  General Counsel (2020 & 2022)
• Upper Arlington, OH
 City Attorney (2020)
• Vallejo, CA
 City Attorney (2020)
• Vancouver, WA
 Assistant City Attorney (2021)
 Chief Assistant City Attorney (2021)
• Ventura, CA
 City Attorney (2022)
Communication / Dispatch
• Burleson, TX
 Public Safety Communications Manager (2020)
• Durango, CO
 911 Communications Director (2021)
• Santa Clarita Valley Water Agency, CA
 Communications Manager (Current Search)
• Southern California Association of Governments (SCAG), CA  Communications Manager (2022)
Community Development / Economic Development / Code Enforcement • Alameda County, CA
 Executive Director, East Bay Economic Development Alliance (2019) • Austin, TX
 Assistant Director, Development Services (2020)
• Bellevue, WA
 Chief Economic Development Officer (2019)
#15..
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• Burleson, TX
 Assistant Development Services Director (2019)
 Development Services Director (2021)
• Fremont, CA
 Economic Development Director (2022)
• Huntington Beach, CA
 Director of Community Development (2018)
• Laguna Beach, CA
 Director of Community Development (2019)
• Lake Forest, CA
 Assistant Director of Community Development (Partial Search) (2021) • Lewisville, TX
 Economic Development Director (2021)
• Marin County, CA
 Assistant Director, Community Development Agency (2021) • McKinney Economic Development Corporation, TX
 President (2018)
• Modesto, CA
 Director of Community and Economic Development (2018) • Nevada County, CA
 Community Development Agency Director (2021)
• Palm Springs, CA
 Director of Building & Safety (2019)
• Rancho Cucamonga, CA
 Planning and Economic Development Director (2022)
• Reno, NV
 Community Development Director (2019)
• Rialto, CA
 Community Development Director (2021)
• Roseville, CA
 Economic Development Director (2018)
• San Bernardino, CA
 Community & Economic Development Director (2019)
• Tucson, AZ
 Economic Initiatives Director (2019)
• West Sacramento, CA
 Community Development Director (2021)
• Westminster, CO
 Economic Development Director (2021)
Courts / Probation / Corrections
• Scottsdale, AZ
 Presiding City Judge (2022)
#15..
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• Superior Court of California – County of Los Angeles
 Chief Executive Officer (2022)
 Chief Information Officer (Current Search)
 Public Safety Director (2022)
• Superior Court of California – County of Riverside
 Court Executive Officer (Current Search)
• Superior Court of California – County of San Francisco  Chief Executive Officer (Current Search)
 Chief Adult Probation Officer (2021)
Education
• California State University – Office of the Chancellor  Director of Emergency Management (2020)
• University of California, Santa Cruz
 Chief of Police (Current Search)
• University of New Mexico (UNM)
 Chief of Police (2021)
• The University of Texas at Austin
 Assistant Vice President for Campus Security/Chief of Police (Current Search) • University of Washington, WA
 Police Chief (2022)
Emergency Management
• California State University – Office of the Chancellor  Director of Emergency Management (2020)
Facilities
• Alameda County, CA
 Capital Programs Manager (2019)
• Austin, TX
 Building Services Officer (2020)
Finance / Audit
• Benicia, CA
 Assistant Finance Director (2019)
• Beverly Hills, CA
 Director of Finance (2018)
 Independent City Auditor (2018)
 Revenue Services Manager (2022)
• Big Bear Lake, CA
 Finance Manager (2019)
• Broward County, FL
 Enterprise Director of Finance (2019)
 Procurement Strategist (2020)
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• Burleson, TX
 Assistant Director of Finance (2021)
 Finance Director (2020)
• Central Contra Costa Sanitary District, CA
 Finance Manager (2019)
• Charlotte, NC
 Chief Financial Officer (2019)
• Columbus, OH
 Inspector General (2022)
• Compton, CA
 Controller (2021)
• Coronado, CA
 Director of Administrative Services (2021)
• Corpus Christi Housing Authority, TX
 Deputy Chief Financial Officer (2020 & Current Search) • Costa Mesa, CA
 Assistant Finance Director (2022)
 Budget & Purchasing Manager (2021)
• Dallas Housing Authority, TX
 Chief Financial Officer (2019)
• Delray Beach, FL
 Budget Manager (2020)
• El Paso, TX
 Chief Financial Officer (2018)
 Comptroller (2019)
• El Segundo, CA
 Chief Financial Officer (Current Search)
• Inland Empire Utilities Agency, CA
 Assistant General Manager – Finance & Administration (2022)  Manager of Finance & Accounting (2021)
• Lake Forest, CA
 Assistant Director of Finance (Partial Search) (2021) • Lewisville, TX
 Finance Director (2019)
• Lincoln, CA
 Director of Finance (2022)
• Los Angeles Department of Water & Power, CA
 Inspector General (Current Search)
• Marin Municipal Water District, CA
 Finance Director/Treasurer (2020)
• Metropolitan Transportation Commission, CA
 Section Director, Finance & Accounting (2018)
 Section Director, Funding Policy and Programs (2020)
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• Modesto, CA
 City Auditor (Current Search)
• Moorpark, CA
 Finance Director (2019)
• New Orleans Ethics Review Board, LA
 Inspector General (2021)
• North Marin Water District, CA
 Chief Financial Officer (Auditor-Controller) (2018)
• Oakland, CA
 Director of Finance (2021)
 Budget Administrator (2018 & 2019)
• Ocean Reef Community Association, FL
 Vice President of Finance and Administration (2021)
• Ontario International Airport Authority, CA
 Chief Financial Officer (2019)
• Palm Springs, CA
 Director of Finance & Treasurer (2019)
• Riverside County Transportation Commission, CA
 Chief Financial Officer (2021)
• Sacramento, CA
 Business & Revenue Manager (2019)
• San Diego Association of Governments (SANDAG)
 Independent Performance Auditor (2019)
• San Francisco Municipal Transportation Agency, CA
 Chief Financial Officer and Director of Finance and Information Technology (2018)
• San Marcos, TX
 Director of Finance/CFO (2020)
• Santa Clara County, CA
 Chief Financial Officer for Santa Clara Valley Health and Hospital System (Partial Search) (2021)
 Controller Treasurer (Partial Search) (2022)
 County Treasury Administrator (Partial Search) (2021)  Director of Finance Agency (Partial Search) (2021)
• Scottsdale, AZ
 City Treasurer/CFO (2021)
• Sewerage and Water Board of New Orleans, LA
 Chief Financial Officer (2020)
• Solana Beach, CA
 Finance Director/City Treasurer (Current Search)
• Sonoma, CA
 Deputy Finance Director (2018)
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• Southern California Association of Governments, CA
 Accounting Manager/Controller (Current Search)
 Chief Financial Officer (2020)
• Surprise, AZ
 Assistant Director of Finance (Internal Appointment in 2022) • Tucson, AZ
 Business Services Department Director (2020)
• Valley Sanitary District, CA
 Facility Operations Manager (Backgrounds) (2021)
Harbor / Port
• Port Authority of New York and New Jersey, NY
 First Deputy Chief Security Officer (2019)
• Port of San Francisco, CA
 Maritime Director (2019)
Health / Public Health / Mental Health
• Cincinnati, OH
 Health Commissioner (2018)
• Grossmont Healthcare District
 Chief Executive Officer (2021)
• Marin County, CA
 Deputy Director of Environmental Health Services (2021) • Mono County, CA
 Public Health Officer (2021)
• Napa County, CA
 Health and Human Services Director (2018)
• Northwest Mosquito and Vector Control District, CA
 District Manager (2020)
• Redwood Coast Regional Center (RCRC), CA
 Executive Director (2020)
• Sacramento County, CA
 Deputy County Executive – Social Services (2018)
 Director of Child, Family, and Adult Services (2018)
 Director of Health Services (2018)
• San Bernardino County, CA
 County Health Officer (2020)
• Santa Clara County, CA
 California Children’s Services Medical Director (2020)  Director, Custody Health and Custody Behavioral Health Services (2020)  Director, Public Health Nursing Services (2020)
Housing
• Bremerton Housing Authority, WA
 Executive Director (2020)
#15..
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• Corpus Christi Housing Authority, TX
 Deputy Chief Financial Officer (2020 & Current Search)  Vice President of Housing Choice Voucher Program (Current Search)  Vice President Rental Housing (2020)
• Dallas Housing Authority, TX
 Chief Financial Officer (2019)
• Goleta, CA
 Neighborhood Services Director (Limited Search) (2021) • King County Housing Authority, WA
 Deputy Executive Director of Administration (2018)
• Mono County, CA
 Housing Opportunities Manager (2022)
• Southern California Association of Governments (SCAG), CA  Manager of Housing and Economic Empowerment (2022)
Human Resources
• Alameda County, CA
 HRS Labor Relations Manager (2018)
• Alexandria, VA
 Chief Human Resources Officer (2022)
• Beverly Hills, CA
 Assistant Director of Human Resources (2019)
• Broward County, FL
 Director of Human Resources (2018)
• Fresno, CA
 Chief Labor Negotiator (Current Search)
• Gold Coast Transit District, CA
 Director of Human Resources (2022)
• Inland Empire Utilities Agency, CA
 Manager of Human Resources (2019)
• Irvine Ranch Water District, CA
 Director of Human Resources (2021)
• King County, WA
 Human Resources Director (2018)
• Los Angeles Unified School District, CA
 Director of Labor Relations (2020)
• Madera County, CA
 Human Resources Director (2019 & 2022)
• Marin County, CA
 Director of Human Resources (2022)
• Menlo Park Fire Protection District, CA
 Human Resources Manager (2020)
#15..
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• Modesto, CA
 Human Resources Director (2020)
• Oakland, CA
 Human Resource Manager (Talent Acquisition & Employee Benefits Manager) (Partial Search) (2018)
• Orange County Fire Authority, CA
 Director of Human Resources (2019)
 Director of Human Resources (Background) (2020)
 Human Resources Manager (2020)
• Palm Desert, CA
 Human Resources Manager (2021)
• Palm Springs, CA
 Director of Human Resources (2021)
• Pinal County, AZ
 Director, Human Resources (Current Search)
• Placentia, CA
 Director of Human Resources (2022)
• Reno, NV
 Human Resources Director (2018)
• Rialto, CA
 Director of Human Resources (2021)
• Riverside County, CA
 Assistant County Executive Officer / Human Resources Director (2018) • Scottsdale, AZ
 Human Resources Executive Director (2022)
• Solano Irrigation District, CA
 Director of Human Resources (2021)
• Valley Sanitary District, CA
 Human Resources Specialist (Background) (2021)
Information Technology
• Austin, TX
 Chief Information Officer (2019)
 Deputy Chief Information Officer (Chief Technology Officer) (2019)  Deputy Director of Communications & Technology Management (CTM) (2019) • Carson, CA
 Director of IT & Security (Current Search)
• Central Contra Costa Sanitary District, CA
 Information Technology Manager (2022)
• Charlotte, NC
 Chief Information Officer (2019)
• Concord, CA
 Director of Information Technology (2019)
#15..
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• Costa Mesa, CA
 IT Manager (2021)
• Denton, TX
 Chief Technology Officer (2020)
• Glendale, AZ
 Chief Information Officer (2020)
• Irvine, CA
 Information Technology Project Manager (2018)
• Los Angeles Department of Water and Power
 Chief Information Technology Officer (CITO) (2021)
• Marin County, CA
 Assistant Director, Information Services & Technology (2022)  Chief Information Officer (2018)
 Chief Assistant Director of Information Services & Technology (2019) • Marin Municipal Water District, CA
 Information Technology Manager (2020)
• Modesto, CA
 Chief Information Officer (2022)
• Morgan Hill, CA
 Information Technology Director (Chief Technology Officer) (2022) • Mountain View, CA
 Assistant Information Technology Director (2022)
• North Richland Hills, TX
 Director of Information Technology (2020)
• Phoenix, AZ
 Assistant Chief Information Officer (2022)
• Riverside, CA
 Public Utilities General Manager (2018)
• San Bernardino County, CA
 Chief Information Officer (Current Search)
• San Francisco International Airport, CA
 Chief Digital Transformation Officer (Current Search) • Superior Court of California – County of Los Angeles
 Chief Information Officer (Current Search)
• Tracy, CA
 Chief Innovation Officer (Current Search)
• Tucson, AZ
 Director of Information Technology/CIO (2019)
• Union County, NC
 Information Technology Director (2021)
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Legislative Affairs / Public Affairs
• Southern California Association of Governments (SCAG)  Director of Government and Public Affairs (2021)
Library
• Goleta, CA
 Library Director (2018)
• Madera County, CA
 Library Director (2020)
Miscellaneous
• Contra Costa County, CA
 Assistant County Registrar (2021)
• King County, WA
 Chief of Staff (King County Council) (2022)
• Palm Springs, CA
 Assistant Director of Maintenance & Facilities (2019)  City Clerk (2022)
• Port of Los Angeles, CA
 Director of Stakeholder Engagement (2018)
• Regional Parks Foundation, CA
 Executive Director (Current Search)
• Riverside County, CA
 Chief Deputy Registrar of Voters (Two Positions) (2020) • San Bruno, CA
 City Clerk (2018)
• Santa Monica, CA
 Equity and Inclusion Manager (2022)
Parks / Open Space / Recreation
• Beverly Hills, CA
 Director of Community Services (2019)
• Coronado, CA
 Director of Recreation and Golf Services (2022)
• Denton, TX
 Assistant Parks and Recreation Director (2021)
 Parks and Recreation Director (2018)
• Green Valley Recreation, Inc.
 Chief Executive Officer (2020)
• Irvine, CA
 Great Park Project Manager (Current Search)
• Midpeninsula Regional Open Space District, CA
 Assistant General Manager – Planning & Project Delivery (2018)  Assistant General Manager – Visitor & Field Services (2018) #15..
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• New Orleans City Park, LA
 Chief Executive Officer (2021)
• Overland Park, KS
 Director, Parks & Recreation (2020)
• Palm Springs, CA
 Director of Parks & Recreation (2018)
• Reno, NV
 Director of Parks, Recreation and Community Services (2019) • San Mateo County, CA
 Parks Director (2019)
Planning
• Big Bear Lake, CA
 Planning Director (2019)
• Carmel-by-the-Sea, CA
 Community Planning and Building Director (2020)
• Clovis, CA
 Director of Planning & Development Services (2020)
• East Bay Regional Park District, CA
 Chief of Design & Construction (2018)
 Chief of Land Acquisition (2018)
 Chief of Planning & GIS (2018)
• Fairfax, CA
 Planning & Building Services Director (Current Search) • Long Beach, CA
 Deputy Director of the Department of Development Services (Current Search)  Director of Development Services (2022)
• Metropolitan Transportation Commission, CA
 Section Director, Design & Project Delivery (2018)
 Section Director, Field Operations & Asset Management (2018)  Section Director, Regional Planning Programs (2020)
• Palos Verdes Estates, CA
 Community Development Director / Planning Manager (Current Search) • Rancho Cucamonga, CA
 Planning and Economic Development Director (2022)
• Sonoma, CA
 Planning and Community Services Director (2018)
• Southern California Association of Governments (SCAG)  Deputy Director for Planning (2020)
 Executive Director (2019)
• Western Riverside Council of Governments, CA
 Executive Director (2021)
#15..
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Public Information
• Napa County, CA
 Communications and Public Information Officer (2020)
Public Safety
• Akron, OH
 Chief of Police (2021)
• Alameda County, CA
 Fire Chief (2020)
• Anaheim, CA
 Fire Chief (2019)
• Austin, TX
 Chief of Police (2021)
• Bexley, OH
 Police Chief (2022)
• Bishop, CA
 Chief of Police (2021)
 Fire Chief (2018)
• Boise, ID
 Police Chief (2020)
• Bozeman, MT
 Chief of Police (2021)
• Charlotte, NC
 Chief of Police (2020)
 Fire Chief (2018)
• Clearlake, CA
 Chief of Police (2018)
• Columbus, OH
 Director of Public Safety Background (2021)
 Fire Chief (2021)
 Police Chief (2019 & 2021)
• Concord, CA
 Chief of Police (2020)
• Corona, CA
 Fire Chief (2018)
• Coronado, CA
 Director of Fire Services (Fire Chief) (2023)
• Costa Mesa, CA
 Chief of Police (2021)
• Denton, TX
 Police Chief (2018)
• El Dorado Hills Fire Department, CA
 Fire Chief (2018)
#15..
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• Elk Grove, CA
 Assistant Chief of Police (2020)
 Chief of Police (2019)
 Police Captain (2020)
• Emeryville, CA
 Police Chief (2020)
• Fremont, CA
 Deputy Fire Chief (2021 & 2022)
• Fresno, CA
 Chief of Police (Partial Search) (2020)
 Fire Chief (Current Search)
• Glendale, CA
 Police Chief (2023)
• Hayward, CA
 Chief of Police (2019)
• Huntington Beach, CA
 Fire Chief (2020)
• Irvine Ranch Water District, CA
 Director of Safety & Security (2021)
• King County, WA
 Director for the Office of Law Enforcement Oversight (2021) • La Vergne, TN
 Police Chief (Current Search)
• Lancaster, CA
 Director of Public Safety (2022)
• Las Vegas, NV
 Director, Department of Public Safety (2020 & 2022)
• Lawrence, KS
 Chief of Police (2021)
• Los Banos, CA
 Fire Chief (2022)
• Manhattan Beach, CA
 Police Chief (2022)
• Maricopa, AZ
 Chief of Police (2022)
• Metropolitan Washington Airports Authority
 Assistant Fire Chief (2018)
 Chief of Police (2018)
 Fire Chief (2018)
• Midpeninsula Regional Open Space District, CA
 Visitor Services Manager (2018)
• Modesto, CA
 Chief of Police (2021)
#15..
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• Monroe, GA
 Fire Chief (2021)
• Nevada City, CA
 Police Chief (2022)
• New Haven, CT
 Police Chief (2022)
• Ocean Reef Community Association, FL
 Vice President – Director of Public Safety Background (2020) • Orange County, CA
 Executive Director of the Office of Independent Review (2018) • Orange County Fire Authority, CA
 Fire Chief (2018)
• Pacific Grove, CA
 Chief of Police (2019)
• Palm Springs, CA
 Chief of Police (2021)
• Pismo Beach, CA
 Chief of Police (2021)
• Port Authority of New York and New Jersey, NY
 First Deputy Chief Security Officer (2019)
• Reno, NV
 Chief of Police (2023)
• Renton Regional Fire Authority, WA
 Fire Chief (2021)
• Richland, WA
 Chief of Police (2019)
• Richmond, CA
 Fire Chief (2021)
• Richmond, TX
 Chief of Police (2020)
• Sacramento, CA
 Assistant City Manager – Public Safety (2018)
• Salem, OR
 Chief of Police (2020)
• San Bernardino County, CA
 Deputy Fire Chief of Administration (2020)
 Deputy Fire Chief of Operations (2020)
 Fire Chief/Fire Warden (2019)
• San Fernando, CA
 Police Chief (2022)
• San Marcos, TX
 Police Chief (2020)
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• Sanger, CA
 Chief of Police (2020)
• Santa Barbara, CA
 Fire Chief (2018 & 2021)
• Santa Barbara County, CA
 Fire Chief (2019)
• Santa Monica, CA
 Chief of Police (2018 & 2021)
• Santa Rosa, CA
 Chief of Police (2019)
• Seattle, WA
 Community Police Commission – Executive Director (2021)  Office of the Inspector General Director (2018)
• South Lake Tahoe, CA
 Fire Chief (2020)
• South Pasadena, CA
 Deputy Police Chief (Current Search)
• Sparks, NV
 Fire Chief (2022)
• Stockton, CA
 Chief of Police (2022)
• Superstition Fire & Medical District, AZ
 Fire Chief (2021)
• Toledo, OH
 Chief of Police (2023)
• Truckee Meadows Fire Protection District, NV
 Deputy Chief of Fire Prevention (2018)
• Tucson, AZ
 Fire Chief (2019)
• Vallejo, CA
 Chief of Police (2019)
• West Linn, OR
 Chief of Police (2018)
Public Works / Engineering
• Alameda County, CA
 Deputy Director, Public Works Agency (2019)
• Amarillo, TX
 Assistant Director of Public Works (2018)
• Anaheim, CA
 Construction Services Manager (2019)
• Antelope Valley-East Kern Water Agency, CA
 Engineering Manager (2019)
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• Austin, TX
 Director of the Watershed Protection Department (2019) • Big Bear Lake, CA
 City Engineer (2018)
• Bear Valley Community Services District, CA
 Public Works Director (2018)
• Burleson, TX
 Public Works Director (2021)
• Clearlake, CA
 Public Works Director (2019)
• Colton, CA
 Assistant Director of Public Works & Utilities (2018) • Coronado, CA
 Director of Public Services & Engineering (2021)
• Culver City, CA
 Public Works Director (2021)
• Delray Beach, FL
 Public Works Director (2020)
• Fairfax, CA
 Public Works Director (2022)
• Fullerton, CA
 Director of Public Works (2018)
• Goleta, CA
 Assistant Public Works Director (2022)
 Engineering Manager (Principal Civil Engineer) (Limited Search) (2022)  Public Works Director (2018)
• Hayward, CA
 Assistant Director of Public Works and Utilities (Current Search) • Issaquah, WA
 Public Works Director (2020)
• Lake Forest, CA
 Traffic Engineering Manager (Partial Search) (2020)
• Los Angeles, CA
 Director/General Manager, Bureau of Street Services (2018) • Marin County, CA
 Assistant Director of Public Works (Two Positions) (2021)  Director of Public Works (2021)
 Principal Civil Engineer (Transportation) (Current Search) • Orange, CA
 Public Works Director (2018)
• Palm Springs, CA
 Director of Public Works (2022)
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• Rancho Palos Verdes, CA
 Deputy Director of Public Works (2022)
• San Antonio, TX
 Transportation and Capital Improvements Director (2019) • San Bernardino, CA
 Director of Public Works (2019)
• Sausalito, CA
 Director of Public Works/City Engineer (2019)
• Stanislaus County, CA
 Public Works Director (2019)
Social Services / Human Services
• Clark County, NV
 Social Services Director (Current Search)
• Los Angeles County, CA
 Chief Deputy Director, Public Social Services (2021)
• Riverside County, CA
 Deputy County Executive Officer – Homelessness Solutions (2018) • Santa Clara County, CA
 Director, Social Services Agency (Partial Search) (2022) • Solano County, CA
 Social Services Administrator – Child Welfare Services (2019) Transportation / Rail / Transit
• Charlotte Area Transit System, NC
 Executive Director (Current Search)
 Transit Chief Administrative Officer (Current Search)  Transit Chief Operating Officer (Current Search)
 Transit MARCOM Officer (Current Search)
• Gold Coast Transit District, CA
 Director of Human Resources (2022)
 General Manager (2022)
• Hayward, CA
 Deputy Director of Public Works – Transportation (Current Search) • Placer County Transportation Planning Agency, CA
 Executive Director (2018)
• Regional Transportation Commission of Southern Nevada  Director of Regional Planning (Director of Southern Nevada Strong) (2018) • Riverside County Transportation Commission, CA
 Project Delivery Director (2022)
 Regional Conservation Director (2022)
• Riverside Transit Agency, CA
 Director of Planning (2022)
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• San Antonio, TX
 Transportation and Capital Improvements Director (2019) • Ventura County Transportation Commission, CA
 Executive Director (2021)
Risk Management
• Broward County, FL
 Director of Risk Management (2018)
• Reno, NV
 Risk Manager (2020)
Water / Wastewater / Utility
• Arlington, TX
 Director of Water Utilities (2018)
• Austin, TX
 Director of the Watershed Protection Department (2019) • Big Bear Lake, CA
 Chief Financial Officer, Department of Water & Power (Current Search) • California WaterFix Project (Delta Conveyance and Construction Authority), CA  Executive Director (2019)
• Central Contra Costa Sanitary District, CA
 Director of Operations (2021)
• Clark County Water Reclamation District, NV
 Principal Civil Engineer (2020)
 Senior Civil Engineer (2020)
• Delray Beach, FL
 Utilities Director (2020)
• Denton, TX
 Assistant General Manager/Power Supply (2019)
 Executive Manager of Energy Delivery (2020)
 Executive Manager of Business Services (2020)
• DERWA, CA
 Authority Manager (2019)
• Dublin San Ramon Services District
 Assistant General Manager (2020)
 Division Head, Field Operations Division (2022)
 Engineering Services Director (2021)
 Water/Wastewater Superintendent (2022)
• Elsinore Valley Municipal Water District
 Assistant General Manager (2020)
 General Manager (2019)
 Principal Engineer (Current Search)
• Encinitas, CA
 Water Operations Manager (2021)
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• Fresno, CA
 Director of Public Utilities (2022)
• Georgetown, TX
 General Manager of Electric Utility (2019)
• Georgetown Divide Public Utility District
 General Manager (2021)
• Glendale, CA
 General Manager, Water & Power Department (2021)
• Goodyear, AZ
 Water Services Director (2023)
• Inland Empire Utilities Agency, CA
 Assistant General Manager – Finance & Administration (2022)  Manager of Finance & Accounting (2021)
 Manager of Human Resources (2019)
• Irvine Ranch Water District
 Director of Safety & Security (2022)
• LaGrange, GA
 Water Division Superintendent (2019)
• Los Angeles, Office of Public Accountability, CA
 Utility Rates and Policy Specialist I / II / III (Current Search) • Marin Municipal Water District, CA
 Finance Director/Treasurer (2020)
 Information Technology Manager (2020)
• North Kern Water Storage District, CA
 General Manager (2021)
• North Marin Water District, CA
 Assistant General Manager/Chief Engineer (2020 & 2022)  Chief Financial Officer (Auditor-Controller) (2018)
• Oro Loma Sanitary District, CA
 General Manager (2022)
• Redding, CA
 Director of Electric Utility (2022)
• Riverside, CA
 Riverside Public Utility General Manager (2018)
• Roseville, CA
 Assistant Electric Utility Director (2019)
• Santa Clarita Valley Water Agency, CA
 Communications Manager (Current Search)
• Sewerage and Water Board of New Orleans, LA
 Chief Financial Officer (2020)
 Executive Director (2018)
• Solano County Water Agency, CA
 General Manager (Limited Search) (2023)
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• Solano Irrigation District, CA
 Human Resources Director (2021)
 Water & Power Operations Manager (2019)
• Sunnyslope County Water District, CA
 General Manager (2019)
• Transmission Agency of Northern California
 General Manager (2022)
• Tri-Dam Project, CA
 General Manager (2022)
• Tucson, AZ
 Tucson Water Director (2022)
• Valley Sanitary District, CA
 Business Services Manager (Backgrounds) (2021)
 General Manager (2019)
• Water Facilities Authority, CA
 General Manager (Current Search)
• Westside Water Authority, CA
 Executive Director/General Manager (2020)
• Zone 7 Water Agency, CA
 General Manager (2018)
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Overview of the Recruitment
and Selection Process
Our Understanding of the Project
The City of Modesto requests the assistance of an experienced executive search firm in conducting recruitments for executive level positions throughout the City. The recruiter will work in conjunction with and at the direction of the City of Modesto Human Resources Department and her staff.

Summary of Our Approach
The successful search process relies heavily on person-to-person contact to identify outstanding potential candidates and, in the evaluation phase, to gain a complete understanding of the background, experience, and management style of the top candidates. Our approach includes:
• Extensive personal outreach, via telephone or video, to qualified candidates within California, the Western Region, and across the Nation.
• A marketing strategy that uses selected advertising to supplement the extensive candidate identification process using the Internet and using the firm’s vast network of professional contacts.
• A screening process that narrows the field of candidates to those who most closely match the needs of the City and is based on preliminary research and telephone interviews with the top candidates.
• Delivering a product in the form of a search report that recommends the top group of candidates and provides the City with detailed information about their backgrounds and experiences.
• Assistance during the final interview and the selection process. • Being available, as needed, to assist with the negotiation and development of an employment agreement during the final stages of the process.

Ralph Andersen & Associates has an outstanding reputation for being thorough and professional in the approach it takes in recruitments. Each candidate’s match with the position is based on the individual’s own set of professional experiences, management style, education and credentials, and overall fit with the organization and executive leadership.

Work Plan
This section describes the usual steps in a search of this nature. The Search Team will be under the direction of Mr. Robert Burg, Project Director. For simplicity, the position being recruited is referred to as “Executive Position.”
Task 1 – Review Project Management Approach
Mr. Robert Burg will be the Project Director on this search assignment. Mr. Burg will meet with the Human Resources Department and/or designated staff, appropriate City staff, and key stakeholders, as requested by the City, to discuss the project management for the search. The discussion will include a review of the work plan, confirmation of timing, and communication methods. #15..
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Task 2 – Develop Electronic Position Profile
The electronic position profile for the Executive Position is the guide for the entire search process.

The development of the e-profile includes the collection of technical information and recruitment criteria.

Technical Information
The Project Director will conduct video meetings with the appropriate individuals as may be necessary. The purpose of these meetings is to gain an understanding of the experience and professional background requirements desired in the next Executive Position. These discussions will also help the Search Team gain an understanding of the work environment and the opportunities and challenges facing the City and the Department.

Recruitment Criteria
The recruitment criteria are those personal and professional characteristics and experiences desired in the Executive Position. The criteria should reflect the goals and priorities of the City.

Subsequent to the development and adoption of the candidate profile, the technical information and recruitment criteria will be documented in an information brochure prepared by the Project Director. The brochure will be reviewed by the City in draft format, revised as appropriate, and published for use throughout the search.

Task 3 – Outreach and Recruiting
This task is among the most important of the entire search. It is the focus of the activities of the Search Team and includes specific outreach and recruiting activities briefly described below.

Outreach
An aggressive outreach process including personal contact with potential candidates will be developed. An advertising campaign will also be developed and will include the placement of ads in publications appropriate for the position being recruited.

Ralph Andersen & Associates understands the importance of providing a candidate pool that includes highly qualified men and women of all ethnicities. We typically advertise in the International Hispanic Network (IHN) and the National Forum for Black Public Administrators. Specific Internet sites related to government will be used as a method of extending the specific outreach in a short period of time.

Additionally, the advertisement and the full text of the position profile (the recruitment brochure) will be placed on Ralph Andersen & Associates’ website, which is accessed by a large number of qualified candidates. This method of outreach to potential applicants provides a confidential source that is monitored by many key level executives on an ongoing basis.

Candidate Identification
Ralph Andersen & Associates will use their extensive contacts to focus the recruiting effort.

In making these contacts, the Search Team will target those individuals who meet the criteria established. This is not just about passive recruiting. We believe strongly in aggressive, personal outreach to actively solicit qualified candidates. Each of the candidates identified through the recruiting efforts will be sent an information brochure.

Candidates will also be contacted directly to discuss the position and to solicit their interest in being considered.

Both the outreach and recruiting activities will result in applications and resumes from interested candidates. As they are received, resumes will be acknowledged and candidates #15..
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will be advised of the general timing of the search process. The following tasks involve the actual selection process, once all resumes have been received.

Task 4 – Candidate Evaluation
This task will be conducted following the application closing date. It includes the following specific activities:

Screening
All of the applications will be carefully reviewed. Those that meet the recruitment criteria and minimum qualifications will be identified and subject to a more detailed evaluation. This evaluation will include consideration of such factors as professional experience, and size and complexity of the candidate’s current organization as compared to the candidate profile.

Preliminary Research and Internet Review
The research staff of Ralph Andersen & Associates, under the direction of the Project Director, will conduct preliminary research and internet review for those candidates identified as the most qualified as a result of the screening process. This level of research will be conducted on a limited number of candidates to learn more about each candidate’s public profile and related information that is available on the internet.

Preliminary Video Interviews
The Search Team will conduct preliminary interviews with the top group of candidates identified through the screening and preliminary research and Internet review processes.

The interviews are extensive and designed to gain additional information about the candidates’ experience, management style, and “fit” with the recruitment criteria. Interviews will be conducted using video technology or via telephone. No consultant travel for preliminary in-person interviews has been included in this Proposal.

The screening portion of the candidate evaluation process typically reduces a field of applicants to approximately ten (10) to twelve (12) individuals. Those individuals will be reviewed with the City prior to proceeding with the individual interviews.

Task 5 – Search Report
After completing Task 4, all documentation will be supplied to the City electronically. No physical copies will be supplied to the City for any phase of this search engagement. The Search Team will prepare detailed information for review including resumes uploaded to a file sharing system (i.e., DropBox or ShareFile). The Search Team will conduct a video conference with the City to review the search report on the top candidates. The report divides all of the candidates into three groups including 1) the top group of candidates recommended to be interviewed; 2) qualified and 3) no further interest. The search report will include candidate resumes. The results of preliminary research and interviews will be provided in writing to the City. This meeting will result in a confirmed group of top candidates for the City to further consider.

Task 6 – Selection
The final selection process and the timing of the final selection will vary depending upon the desires of the City. The typical services provided by Ralph Andersen & Associates in the selection process are described briefly below.

The Search Team will coordinate the selection process for the finalist group of candidates. This includes handling the logistical matters with candidates and with the City.

The Search Team will prepare an electronic interview booklet (uploaded to a file sharing program such as DropBox or ShareFile) that includes the resumes and candidate report (with interview comments, preliminary research, and other relevant information about the candidates) on each #15..
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candidate. In addition, the booklet will contain suggested questions and areas for discussion based upon the recruitment criteria. Copies of the interview booklet will be provided in advance of the candidate interviews.

The Project Director will facilitate the interviews to assist the City through the selection process. This assistance will include an initial orientation, candidate introductions, and facilitation of discussion of candidates after all interviews have been completed.

Additionally, verifications will be made on up to the top two candidates and will include education verifications, Department of Motor Vehicle check, and credit check. Due to the “Ban the Box” legislation, criminal checks are only permissible when a contingent offer of employment is made. The results of these verifications will be discussed with the City at the appropriate time.

Reference calls will be conducted, as required, on the top candidate. The results of these reference checks will be discussed with the Human Resources Director (or designated staff) at the appropriate time during a closed session.

The Project Director is available to provide assistance to the City in the final selection as may be desired. This assistance may include providing or obtaining any additional information desired to assist in making the final selection decision.

Task 7 – Negotiation
The Project Director is available to assist the City in negotiating a compensation package with the selected candidate. This may include recommendations on setting compensation levels.

Task 8 – Close Out
After the City has reached agreement with the individual selected for the position, the search consultant will close out the search. These activities will include advising all of the finalist candidates of the status of the search by telephone.
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Staffing and Qualifications
The reputation of the search firm and personal commitment of the recruiters define the difference between the success and failure of any given recruitment. Ralph Andersen & Associates’ search professionals are acknowledged leaders in the field and possess a broad range of skills and experience in the areas of local government management, executive search, and related disciplines.

Only senior members of Ralph Andersen & Associates are assigned to lead search assignments, ensuring that their broad experience and knowledge of the industry is brought to bear on our clients’ behalf.

The City of Modesto will have Mr. Robert Burg, Executive Vice President of Ralph Andersen & Associates, as the Project Director. Mr. Burg will have the assistance, if needed, of other members of the firm.

Mr. Robert Burg, Project Director
Mr. Burg is the Executive Vice President of Ralph Andersen & Associates.

As a senior executive, his area of concentration is on executive search and management consulting. His client base, as a retained consultant and highlevel advisor, is focused on all facets of government, non-profit, and private enterprise. Mr. Burg has a total of 44 years of experience in the area of government. Mr. Burg has successfully completed some of the most challenging, complex recruitments in the United States. Mr. Burg has extensive leadership and consulting experience in both the public and private sectors. He has held senior administrative positions in organizations ranging in size from less than 100 employees to over 1,000. Mr. Burg has a Bachelor of Arts degree in Economics and a Master of Business Administration with a specialty in Healthcare both from the University of Miami, Coral Gables, Florida. He has taught business management courses and lectured at several prestigious organizations.

Assisting Mr. Burg (if needed) will be the following key members of our Search Team:

Heather Renschler, President/CEO
Ms. Renschler has been with Ralph Andersen & Associates for more than 38 years and is the firm’s President/CEO. Ms. Renschler has overseen the recruitment practice of Ralph Andersen & Associates for the last 26 years and as a result, is often involved with recruitments on a national scale and those of a highly sensitive and critical nature. She is experienced at working with boards, city councils, staff members, and selection committees in the recruitment and selection process. Her network of contacts and potential candidates are on a national scale. Prior to joining Ralph Andersen & Associates, Ms. Renschler had extensive private sector experience in the areas of construction management, health care and public accounting. Ms.

Renschler attended the University of Toledo and majored in Accounting and Journalism and obtained a Bachelor’s degree in Public Administration from the University of San Francisco. #15..
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Doug Johnson, Vice President
Mr. Johnson is a Vice President with Ralph Andersen & Associates and has over 36 years of local government consulting experience. Mr. Johnson has over 23 years of experience with Ralph Andersen & Associates in addition to 13 years as President of Johnson & Associates, a human resources consulting firm. Mr. Johnson participates in all facets of the firm’s recruitments and has extensive experience working with elected officials, public executives, staff members, labor organizations, and ad-hoc committees. He is the firm’s expert in executive compensation and related matters and has served as an expert witness in arbitration/mediation proceedings. Mr. Johnson has a Bachelor’s degree in Psychology from California State University, Sacramento.

Chief Daniel Hahn (ret.), Senior Consultant
Chief Daniel Hahn recently joined Ralph Andersen & Associates following a distinguished and accomplished career of over 34 years in the public sector. Prior to joining Ralph Andersen & Associates, Chief Hahn served two communities in California – City of Sacramento and City of Roseville.

His career highlights include being sworn in as Sacramento’s 45th Chief of Police on August 11, 2017, and serving a dynamic and diverse metropolitan population of 530,000 with a total staff of 1,100 (Sworn-760). Serving in California’s capital city brought increased interaction with local, regional, and statewide agencies and heightened inter-agency cooperation. Additionally, In 2011, he completed six years as the City of Roseville’s 15th Chief of Police, serving a suburban population of 140,000 with 132 sworn officers.

Chief’s Hahn’s early beginnings and his upbringing have shaped his approach and defined his leadership qualities that he brought to public safety and law enforcement. This engaging and highly communicative style will continue to be the foundation of his endeavors in executive search and consulting. Throughout his professional life, his focus has always been on open dialogue and communication and involving community-based partners to look at new ideas, options, and alternatives. Adopted at three months old and raised in the Oak Park neighborhood of Sacramento, he understood the issues facing many youth including lack of basic opportunities for success. When Hahn graduated from Sacramento High School and while attending Sacramento City College, he was persuaded to apply for the Sacramento Police Department as a Community Service Officer.

Hired in 1987, he rose through the ranks to Captain. He served in numerous assignments in the Sacramento Police Department including Public Information Officer, High School Criminal Justice Academy Coordinator, Watch Commander, Special Investigations Commander, Patrol Commander, and Personnel Division Commander. Chief Hahn later joined the City of Roseville in his first role as Chief before returning back to his home community of City of Sacramento to conclude his public sector career.

Professionally, Chief Hahn has been a member of and a contributor to the following organizations:
• California Police Chiefs Association
• FBI National Academy Associates
• National Organization of Black Law Enforcement Executives (NOBLE) • Major Cities Chiefs Association (MCCA) representing the largest cities in the United States and Canada
Additionally, throughout his career, Chief Hahn has been honored with many awards. He is a member of numerous organizations and volunteers his time on numerous boards throughout the region.

Chief Hahn holds a Bachelor’s degree in Business Administration from California State University, Sacramento and also earned a Masters of Public Administration later in his career. He is also a #15..
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graduate of the FBI National Academy, P.O.S.T. Command College, Sierra Health Foundation Leadership Program, American Leadership Forum, and Stanford University’s Local Governance Summer Institute.

Serena Wright-Black, Senior Consultant
Serena Wright-Black is a former Assistant City Manager for the City of Culver City. Ms. Wright-Black has over twenty years’ experience in public sector management. In addition to assisting the City Manager with the development, implementation and administration of City Council policy, she also oversaw the City’s Human Resources, Risk Management, Cultural Affairs and City Clerk operations. She excels in both the personnel and technical areas of management. She is a strategic and innovative professional who translates operational goals into initiatives that improve employee performance, growth, and engagement.

Ms. Wright-Black has experience directly recruiting and retaining top organization talent, developing and administering employment policies, auditing management operations including successfully reorganizing departments and outsourcing services, and addressing performance management issues. She has conducted numerous administrative investigations and trainings pertaining to discrimination, harassment and retaliation. She is skilled in organizational development, change management, conflict resolution, and labor negotiations. Her political astuteness served her well in leading complex community discussions and organization-wide collaboration related to the evaluation of public safety resources and budgets, and overseeing the implementation of various equity-related initiatives. She also managed and led two units of the Emergency Operations Center in response to COVID-19, including developing the policies and protocols.

Ms. Wright-Black holds a master’s degree in Public Administration from California State University, Long Beach. She is also a Senior Certified Professional with the Society of Human Resources (SHRM-SCP).

Dr. David H. Ready, Senior Consultant
David H. Ready brings to Ralph Andersen & Associates 30 years of executive local government experience. He is the only City Manager in the United States with the distinction of being both an Attorney and a Ph.D., bringing a high level of educational background to the craft of public administration. Dr. Ready conducts the full range of executive recruitments at all levels of positions within the local government with a specific interest and focus on city management and public safety.

Prior to joining Ralph Andersen & Associates, Dr. Ready served as the longest serving City Manager for Palm Springs, California, a full-service city, including Palm Springs International Airport. During this time, Dr. Ready led the City through extensive economic development projects including the downtown revitalization project, Airport and Convention Center expansions, and the creation of extensive public/private partnerships for housing and other economic retail opportunities throughout the City. Additionally, he successfully guided the organization during two economic recessions, including the COVID crisis, with balanced budgets for 21 consecutive years, while significantly increasing social services to address homelessness issues, and safety services adding 911 City Paramedic Units. He is also well versed in change management and providing strong leadership staff in order to deliver on long-range planning, strategic initiatives and short- and long-term financial forecasts for review by the policymakers. Prior to his tenure in Palm Springs, David served as City Administrator for a community in Michigan for eight years (1992 – 2000), managing all governmental services with over 1,400 employees.

Dr. Ready is also a lecturer and adjunct faculty member of the Cal State San Bernardino, Master of Public Administration Program. Over the past 15 years he has taught classes including #15..
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Administrative Leadership, Government and Business Relations, Local Government Administration, Local Economic Development, Administrative Regulation, Government in the Digital Age, Public Administration Theory, Public Policy Analysis, and Intergovernmental Relations. Additionally, he served as Chairman of the school’s Public Administration Advisory Board.

Mr. David M. Morgan, Senior Consultant
Mr. Morgan, Senior Consultant with Ralph Andersen & Associates, brings more than 35 years of public sector leadership and experience to the firm.

With a distinguished career as City Manager for the City of Anaheim, Mr.

Morgan oversaw California's 10th largest city (population 336,265) for eight years (2001 – 2009). In his role as City Manager, Mr. Morgan was responsible for a full-service city including implementing the policies established by the Anaheim City Council, overseeing the City's $1.3 billion budget, staff of 2,200 full-time and 1,000 part-time employees and shepherding the City's five-year $678 million Capital Improvement Budget.

He had a lead role in working with professional sports teams and facilities as well as overseeing the City’s Enterprise operations including the Convention Center and Electric and Water Departments.

During his career with the City of Anaheim beginning in December 1974, Mr. Morgan worked in many City Departments. From 1993 through 2001, as the Assistant City Manager, Mr. Morgan directly oversaw the City's Finance, Human Resources, Information Systems, Audit, Intergovernmental Relations, Convention Center, Stadium, Arena, Parks, Recreation, Library, and Community Services operations. Since retiring from Anaheim, he has taught at the Graduate level in Local Government Leadership and served as a consultant for local Government Agencies.

Mr. Morgan holds both a Bachelor's and Master's degree in public administration from California State University, Fullerton. Mr. Morgan is a member of the International City/County Management Association, and served as a Board Member for the California City Management Foundation. He also has been an adjunct faculty member for the Graduate Center for Public Policy and Administration at California State University, Long Beach.

Fred Wilson, Senior Consultant
Mr. Wilson, Senior Consultant with Ralph Andersen & Associates, brings more than 35 years of experience as a local government executive, including 21 years serving as City Manager of Huntington Beach and San Bernardino. Working in full-service cities, he brings a strong background in identifying and recruiting top quality executive staff. This experience gives Mr. Wilson a unique perspective to the needs of City Councils recruiting for City Managers.

In Huntington Beach, Mr. Wilson oversaw all aspects of city operations including City Finance, Human Resources, IT, Community Development, Police, and Fire services. Mr. Wilson has recruited and hired Department Directors in all of these key departments. His skills in identifying, recruiting, and retaining high quality employees, and talent management, coupled with succession planning, have contributed significantly to the successes of those organizations.

Under Mr. Wilson’s leadership, in 2018 Wallethub ranked Huntington Beach #1 in “Quality of Service.”
As a long-tenured local government executive, Mr. Wilson has extensive experience in all aspects of governance including organizational development, succession planning, municipal finance, community development, and general management. His experience includes working in organizations with different governance structures. Mr. Wilson has served on various League of California Cities Policy Committees, as well as on the advisory board in the School of Public Administration at California State University, San Bernardino. He is past president of the Orange #15..
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County City Managers’ Association and has been active on various advisory boards throughout his career.

Mr. Wilson holds a Bachelor of Science degree in Urban Planning from Cal Poly Pomona, and a Master’s degree in Public Administration from California State University, Northridge.

Mr. John Slaughter, Senior Consultant
Based in Texas, Mr. Slaughter, Senior Consultant, is available to lead and conduct recruitments throughout the Southwestern Region and nationally, as needed. Mr. Slaughter brings 33 years of local government experience to Ralph Andersen & Associates, most recently serving as County Manager of Nevada’s second most populous county where he was responsible for oversight of the county’s $634 million budget, providing the full range of county, municipal, regional, and inter-county services through 24 departments and 2,700 employees. Mr. Slaughter had direct responsibility for county finances, human resources, information technology, public works, community development, and parks, as well as coordinating with elected and commission appointed department heads responsible for criminal justice, public health, fire protection, and other aspects of county services. Mr. Slaughter recruited and hired department directors in all areas of county government and is recognized for his ability to recruit, develop, and retain high performing teams.

During his tenure in county government, Mr. Slaughter facilitated countywide information technology planning projects, jail overcrowding studies, fire protection studies, emergency medical services studies, studies of flexible staff scheduling, employee award programs, and team building. He has provided direct oversight and project vision to several programs recognized by the National Association of Counties in strategic planning, land use planning, elected official orientation, employee engagement and recognition, and organizational effectiveness.

Mr. Slaughter has extensive experience working with elected officials at all levels of government, including serving 12 years as the county’s liaison at the Nevada Legislature, where he coordinated legislative affairs activities and provided expert testimony to numerous legislative committees and commissions.

Mr. Slaughter holds a Bachelor of Science degree in Sociology and Anthropology from Emporia State University, and a Master of Urban Planning degree from the University of Kansas. He has also received the Continuing Education Certificate in Public Management from the University of Nevada, Reno. He is a member of the American Planning Association (APA), the American Institute of Certified Planners (AICP), and the International City/County Management Association. Additionally, Mr. Slaughter has maintained his AICP Certification throughout his public service career and has been extensively involved in economic development projects of significant size and complexity as well as major capital projects.

Mr. Jeff McMurdo, Consultant
Mr. McMurdo has over 23 years of human resources consulting experience and serves on a variety of project consulting teams involving executive search and human resources consulting. He is an experienced analyst and researcher having worked on hundreds of local government projects. He has conducted candidate research on dozens of successful recruitments. His duties include human resources consulting tasks involving job analysis and compensation as well as participating in all facets of the firm’s recruitments.
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Mr. McMurdo has worked successfully with community colleges and local government agencies. He holds a Bachelor of Science degree in Business Administration from California State University, Sacramento. His course work emphasized human resource management.

Paraprofessional and Support Staff
Paraprofessional, graphics, and support staff will provide administrative support to the search team on recruitment assignments. These may include:

Ms. Diana Haussmann, Recruitment Manager
Ms. Haussmann joined Ralph Andersen & Associates in 1998 and currently serves as a Recruitment Manager. Ms. Haussmann provides administrative and technical support to the Executive Search team, and is involved with the recruitment process from start to finish, working closely with the firm’s clients and candidates. Prior to joining Ralph Andersen & Associates, Ms.

Haussmann provided administrative support to the legal profession and also worked in the fast-paced world of title and escrow. Ms. Haussmann has more than 25 years of executive level administrative experience and holds an Associate of Arts degree in Legal Office Administration.

Ms. Hannah Jones, Senior Recruitment Coordinator
Ms. Hannah Jones joined Ralph Andersen & Associates as a Research Assistant and was quickly promoted to Senior Recruitment Coordinator. As a Senior Recruitment Coordinator, Ms. Jones provides support services to consultants on some of the firm’s most complex recruitments. Ms. Jones holds a Bachelor of Arts degree in History with coursework in Public Policy from William Jessup University. She has also completed coursework in History at the University of Oxford in the United Kingdom. Ms. Jones also holds a Master of Arts degree in Museum Studies from the University of Oklahoma.

Ms. Christen Sanchez, Senior Recruitment
Coordinator
Ms. Christen Sanchez as a Senior Recruitment Coordinator with Ralph Andersen & Associates and provides administrative support services to the Executive Search team. Prior to joining Ralph Andersen & Associates, Ms.

Sanchez provided administrative services as a Scheduling Coordinator for applied behavioral analysis services provided to children with developmental disabilities across the Central Valley and the Greater Sacramento area. Ms.

Sanchez holds a Bachelor of Arts degree in English from California State University, Stanislaus.

Tina Keller, Recruitment Assistant/Coordinator
Ms. Tina Keller joined Ralph Andersen & Associates as a Human Resources Analyst and was elevated to Recruitment Assistant/Coordinator. As a Recruitment Assistant/Coordinator, Ms. Keller provides assistance and scheduling to the Senior Recruitment Coordinators, working side by side with on many of the firm’s Executive searches. Additionally, Ms. Keller assists Consultants on research and scheduling needs. Prior to joining Ralph Andersen & Associates, Ms. Keller was a Human Resources Generalist in the Semi-Conductor industry in the Bay Area for 10 years. Ms. Keller holds a Bachelor of Arts degree in Speech Communication from San Jose State University
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Karen AllGood, Graphic Designer/Creative
Coordinator
Ms. Prior to joining Ralph Andersen & Associates, Ms. AllGood provided graphic design services as a Technical Illustrator for The Jones Group apparel production corporation; and provided administrative support services as a Legal Secretary for the Jones Day law firm. Ms. AllGood also served in the United States Navy. Ms. AllGood holds a Bachelor of Fine Arts degree in Marketing and Fashion Design from AIU, Atlanta, Georgia.

Teresa Heple, Contracts/Proposal Manager
Ms. Teresa Heple joined Ralph Andersen & Associates in 1981 and currently serves as a Contracts/Proposal Manager. Throughout her tenure with the firm, Ms. Heple has provided administrative and technical support to all of the firm’s operating divisions. Prior to joining Ralph Andersen & Associates, Ms. Heple provided administrative support to a capital investment firm and served in the United States Navy. Ms. Heple has more than 40 years’ experience in the field of administrative and executive level support. She holds an Associate’s degree from American River Community College.
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Modesto City CouncilSeptember 12, 2023

Modesto City Council
September 12, 2023