Modesto City Council
September 12, 2023

Project Timeline
Project Timing
Ralph Andersen & Associates will complete each search within 75 to 90 days (or less) from the execution of the agreement to the presentation of candidates. Negotiation with the top candidate will take an additional week or two after finalist interviews.

A brief overview of the typical recruitment schedule is presented below.

Month 1 Month 2 Month 3 Month 4
Week Week Week Week
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Search firm selected
Consultant evaluates organization;
position criteria established
Candidates identified and screened
Consultant interviews and conducts
preliminary research
Consultant recommends candidates;
client selects finalists for interview
Client-candidate interviews
Preferred candidate selected;
negotiations
Executive Position hired
New Executive Position
begins
#15..
- 578 -

Project Cost
Search efforts for the City of Modesto will be tailored to meet the unique needs of each recruitment effort. The following is a range of fees set forth by Ralph Andersen & Associates for searches to be initiated beginning May 2023:

City of Modesto
Recruitment Process
Responsible Entity
Fixed Fee
for Professional Services
and Expenses*
City Manager / Assistant City Manager /
City Attorney $35,000 – $50,000
Department Director $30,000 – $35,000
Department Director – Public Safety $35,000 – $50,000
Department Director – Technology $30,000 – $35,000
Department Deputy Director $25,000 – $30,000
Ralph Andersen & Associates reserves the right to adjust fees on an annual basis. *Note – Expenses included in this fixed fee include such items as advertising, consultant interaction (anticipated to be done primarily through videoconferencing), clerical, graphic design, research, and long-distance telephone charges. On top candidates, Internet and Lexis/Nexis searches will be conducted. Additionally, education verifications, DMV check, wants and warrants, civil and criminal litigation search, and credit check will be conducted on the top two candidates (with candidate approval) or only on the top candidate when a contingent offer is presented. Reference checks will be conducted on the top candidate. Should the City desire to conduct references calls on more than one candidate, a background fee of $1,800 per candidate will be billed in addition to the above stated fees. Included in the fixed fee are Professional Services for up to one trip by the Project Director to the City, the City would be invoiced for the actual cost of any travel related expenses. Should the City desire the Project Director to attend any additional in-person meetings, the fee of $2,500 per day plus expenses will be invoiced to the City in addition to the fixed fee stated above.

Invoicing for Services – Ralph Andersen & Associates will bill the City in four installments as follows:
• Following kick-off and finalization of recruitment brochure (Payment #1) • After the closing date (Payment #2)
• After finalist interviews (Payment #3)
• Upon placement (Payment #4)
Progress payments will be due upon receipt.

Brochure – A full color electronic profile (brochure) will be developed for the position being recruited.

All pictures will be the responsibility of the City. The City will also be responsible for ensuring that there are no copyright restrictions on the photographs supplied to Ralph Andersen & Associates and that the City will agree to pay any and all related charges or fines if a copyright violation is incurred either during the search itself or subsequently.
#15..
- 579 -

The City of Modesto will be responsible for all candidate expenses related to on-site interviews.

Excluded for Law Executive Recruitments – California P.O.S.T. Certified Police Officer Background or any other investigative background required by the State of California for law executive level positions will be the responsibility of the City.

Ralph Andersen & Associates’ Guarantee
Ralph Andersen & Associates offers the industry-standard guarantee on our full search services.

If within a one-year period after appointment the “executive level position” of the City of Modesto resigns or is dismissed for cause, we will conduct another search free of all charges for professional services. The City would be expected to pay for the reimbursement of all incurred expenses.

Should the initial outreach efforts not result in a successful placement, Ralph Andersen & Associates will continue the outreach efforts until the ideal candidate is found. The City will be responsible for expenses based on actual receipts.
#15..
- 580 -

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

MELISSA ASHER
Sr. Practice Leader, Products and Services
CPS HR Consulting
2450 Del Paso Road, Suite 220
Sacramento, CA 95834
P: 916-471-3358
[email protected]
Tax ID: 68-0067209
www.cpshr.us
#15..
- 581 -
2450 Del Paso Road, Suite 220 Sacramento, CA 95834 www.cpshr.us Tax ID: 68-0067209 April 28, 2023
Kelly Rice-Ortiz, Executive Assistant
City of Modesto
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Submitted via email to: [email protected]
Subject: RFP Executive Level Search Firm
CPS HR Consulting (CPS HR) is pleased to have the opportunity to submit a proposal to assist the City of Modesto (City) with the recruitment and selection of various Executive level City positions on an as-needed basis. We are uniquely qualified to undertake this effort as we have vast experience in assisting public agencies with executive search, screening, and placement including our significant work with the City.

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

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

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

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

Sincerely,
Melissa Asher
Senior Practice Leader, Products and Services
#15..
- 582 -
Proposal to City of Modesto
RFP Executive Level Search Firm

Page | i
Table of Contents
Qualifications and Experience.................................................................. 1 Partial List of Recruitments ........................................................................................ 2 References ............................................................................................................... 10 Overview of Process.................................................................................12 Key Stakeholder Involvement ................................................................................ 12 City’s Needs ............................................................................................................. 12 Commitment to Communication .......................................................................... 12 Aggressive, Proactive, and Robust Recruitment.................................................. 12 Diversity Outreach Process..................................................................................... 13 Methodology and Scope of Work ......................................................................... 14 Phase I - Develop Candidate Profile & Recruitment Strategy ............................ 15 Phase II – Aggressive, Proactive, and Robust Recruitment................................. 16 Phase III – Selection ................................................................................................. 17 Proposed Timeline.....................................................................................19 Professional Fees .......................................................................................20 Professional Services................................................................................................ 20 One-Year Service Guarantee ................................................................................ 20 Principal Staff.............................................................................................21 Our Executive Recruiting Team.............................................................................. 21 Team Biographies.................................................................................................... 21 Project Management and Communication ........................................................ 25 About CPS HR Consulting.........................................................................26 Sample Recruitment Brochure................................................................28 Additional Services ...................................................................................33 List of Clients/Past Recruitments..............................................................34 #15..
- 583 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 1
Qualifications and Experience
Recruitment Experts
CPS HR specializes in the recruitment and selection of key professionals for cities, counties, special districts, and non-profits. Working in partnership with the governing body or selection team, we develop customized search strategies that focus on locating and recruiting qualified candidates who match the agency’s unique needs. Our wealth of recruitment experience has been gained through more than 20 years of placing executive and mid-level executives in public agencies throughout the United States.

Reasons to choose CPS HR include:
 Unmatched Recruitment Experience for Government Agencies. CPS HR has extensive experience in recruiting executive-level professionals for public agencies across the United States. As a public agency ourselves, we understand how to work with and within government. Our understanding of public sector culture and policy uniquely sets us apart from our competitors.
 Focus on Diversity Recruiting. In the past three years, 57% of the candidates placed by CPS HR are female, members of ethnic minorities or both. To continue this trend, CPS HR is constantly assessing the best methods for reaching the broadest network of possible candidates. To that end, we have just signed a contract with Zoom Info, a new sourcing platform, that includes a diversity sourcing filter.
 Seasoned Executive Recruiters. Our recruiters possess a high level of expertise in recruiting and placing executive-level professionals. Our staff of experts includes an exceptional group of full-time employees as well as a full complement of subject matter experts, intermittent employees, and part-time employees with a variety of public and private sector experience.
 Detailed Needs Assessments. We conduct a detailed needs assessment to identify 1) future organizational direction; 2) challenges facing the position; 3) the working style and organizational climate; and 4) required core and job specific competencies as well as personal and professional characteristics.
 Success Recruiting Non-Job Seeking Talent. We recognize that the very best candidates for some types of positions may not be looking for a career change, therefore, our recruitment team takes a very aggressive approach to identify and recruit such candidates.
 Vast Pool of Public Agency Contacts. CPS HR maintains a database of candidates and an extensive network of external resources to leverage for executive-level positions. We #15..
- 584 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 2
utilize our vast pool of public and non-profit contacts to deliver a strong list of competitive candidates who will be well prepared to assist you in the accomplishment of your specific mission and goals.
 Satisfied Clients. Our executive search client satisfaction rating averages 4.6 on a scale of 5. While many companies talk about client satisfaction, how many measure the impact of that through assessing client satisfaction by distributing written surveys and tying the results of these surveys to their performance management system? CPS HR Consulting does. A client satisfaction survey is sent at the end of every engagement requesting feedback on the quality of our staff, deliverables, and the overall consulting relationship.  Retention/Success Rate. Our success rate is tied to the longevity of the candidates we place, currently more than 91% of our placements are still in their position after two years.

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

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

Agency Title Year Completed
City of Madera, CA Public Works Operations Director 2023 City of Madera, CA Director of Financial Services 2023
North Texas Municipal Water
District, TX
General Counsel 2023
Selma-Kingsbury-Fowler Sanitation
District, CA
General Manager 2023
City of South Gate, CA Risk Manager 2023
City of Tampa, FL Purchasing Director 2023
Regional Transportation
Commission of Washoe County, NV
Administrative Services Director 2023
City of Tucson, AZ Business Services Director 2023
County of Inyo, CA Deputy Director for Public Health and Prevention
2023
City of Aurora, CO City Auditor 2023
City of Farmers Branch, TX Police Chief 2023
City of San Diego, CA Community Engagement Coordinator 2023 Seattle City Light, WA Talent Acquisition Manager 2023
City of Aurora, CO Fire Chief 2023
County of Orange Social Services
Agency, CA
Chief Deputy Director 2023
#15..
- 585 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 3
Agency Title Year Completed
East Bay Regional Park District Assistant General Manager – Acquisition, Stewardship & Development
2023
East Bay Regional Park District Assistant General Manager – Operations 2023 County of Johnson, KS Director of Facilities 2023
City of Cincinnati, OH Police Chief 2022
City of Oklahoma City, OK Total Rewards Manager 2022
City of Oklahoma City, OK Assistant Director of Development Services
2022
Las Vegas Valley Water District, NV Director of Risk Management 2022 City of Costa Mesa, CA Telecommunications Manager 2022
City of Bozeman, MT Community Development Director 2022 City of Flagstaff, AZ Water Services Director 2022
City of San Carlos, CA Assistant Community Development
Director
2022
Contra Costa County, CA Human Resources Manager 2022
County of Johnson, KS Human Resources Director 2022
Southern California Fair (46th District
Agricultural Association, CA
Chief Executive Officer 2022
Long Beach Transit, CA Comptroller 2022
Indian Wells Valley Water District,
CA
General Manager 2022
All Mission Housing Authority, CA Executive Director 2022 Housing Authority of San Bernardino
County, CA
Director of Development 2022
City of San Jose, CA Industrial Safety Officer 2022
County of Riverside, CA Assistant Director of Public Social Services 2022 City of Bakersfield, CA Assistant Economic Development Director 2022 San Diego County Water Authority,
CA
General Counsel 2022
City of Fort Worth, TX City Auditor 2022
Santa Clara Valley Transportation
Authority, CA
Chief People Officer 2022
Utah Transit Authority, UT Chief Communication Officer 2022 City of Scottsdale, AZ Executive Director of Planning 2022 County of Santa Clara, CA Deputy Director of Procurement 2022 County of Santa Clara, CA Director of Procurement 2022
Napa-Vallejo Waste Management
Authority, CA
Executive Director 2022
City of Fort Worth, TX Assistant Director of Human Resources 2022 City of Bozeman, MT Finance Director 2022
#15..
- 586 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 4
Agency Title Year Completed
Oakland Housing Authority, CA Assistant Director of Finance 2022 City of Greeley, Greeley Fire
Department, CO
Division Chief of Operations 2022
City of Oklahoma City, OK Assistant City Manager 2022
COW Palace, CA Chief Executive Officer 2022
City of San Diego, CA Chief Operating Officer 2022
Sound Transit, WA Chief Executive Officer 2022
Marin County Probation
Department, CA
Assistant Chief Probation Officer 2022
Mid-Peninsula Water District, CA Assistant General Manager 2022 Long Beach Transit, CA Manager, Government Relations 2022 California Transit Training Coalition Executive Director 2022 Marin County Department of Health
and Human Services, CA
Public Information Officer/Media Manager 2022
Douglas County Public Library, NV Library Director 2022 Marin County Department of Health
and Human Services, CA
Chief Strategic Officer 2022
County of Trinity, CA Director of Transportation 2022
Contra Costa County, CA Assistant Clerk-Recorder 2022
City of Rialto, CA Director of Finance 2022
Reclamation District #900, CA General Manager 2022
Foothill-DeAnza Community College
District, CA
Vice Chancellor for Human Resources and
Equal Opportunity
2022
City of Aurora, CO Diversity, Equity and Inclusion Officer 2022 City of Oklahoma City, OK Development Services Director 2022 City of Oklahoma City, OK Assistant Director of Parks & Recreation 2022 City of San Diego, CA Planning Director 2022
Texas Recreation & Park Society, TX Executive Director 2022 City of Livingston, CA Public Services Director (Partial Recruitment)
2022
City of Livingston, CA Police Chief (Partial Recruitment) 2022 City of Livingston, CA Finance Director (Partial Recruitment) 2022 City of Tucson, AZ Director of Transportation & Mobility 2022 County of Imperial, CA County Executive Officer 2022
Regional Transportation
Commission of Washoe County, NV
Director of Finance 2022
First 5 California, CA Executive Director 2022
City of Rialto, CA Maintenance and Facilities Director 2022 FIRST 5 Santa Clara County, CA Diversity, Equity and Inclusion Officer 2022 #15..
- 587 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 5
Agency Title Year Completed
City of Tucson, AZ Assistant City Manager/Chief Financial Officer
2022
San Benito Superior Court, CA Court Executive Officer 2022 Douglas County Department of
Public Health, CO
Executive Director of Public Health 2022
Orange County Fire Authority, CA Director of Communications 2022 FIRST 5 Santa Clara County, CA Chief Human Resources Officer 2021 LA Metro, CA Chief People Officer 2021
LA Metro, CA Child Safety Officer 2021
City of San Bernardino, CA Diversity, Equity, and Inclusion Officer 2021 City of Golden, CO Director of Community and Economic
Development
2021
Contra Costa County, CA Public Defender 2021
City of Dayton, TX City Manager 2021
Contra Costa Mosquito and Vector
Control District, CA
Human Resources and Risk Manager 2021
Utah Transit Authority, UT Director of Internal Audit 2021 City of Simi Valley, CA City Attorney 2021
City of Albany, CA Fire Chief 2021
City of Fresno, CA Parks, After-School, Recreation &
Community Services Director
2021
Flathead County, MT Director of Planning 2021
City of League City, TX Director of Finance 2021
East Bay Regional Park District, CA Chief of Workforce Development 2021 Contra Costa County, CA Information Systems Division Director, Technical Services
2021
California Society of Municipal
Finance Officers, CA
Executive Director 2021
City of San Bernardino, CA Public Information Director 2021 City of Oklahoma City, OK Airports Director 2021
City of Oklahoma City, OK Parks & Recreation Director 2021 Contra Costa County, CA Information System Manager II 2021 Contra Costa County, CA Information Systems Manager I 2021 Superior Court of San Benito
County, CA
Chief Financial Officer 2021
City of Aurora, CO Deputy City Manager 2021
County of Marin, CA Division Director of Homelessness and Whole Person Care
2021
City of Tampa, FL Housing and Community Development
Manager
2021
#15..
- 588 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 6
Agency Title Year Completed
City of Aurora, CO Public Safety Attorney 2021
City of Costa Mesa, CA Assistant Development Services Director 2021 City of San Mateo, CA Deputy Director of Public Works 2021 City of Durango, CO Parks & Recreation Director 2021
County San Bernardino, CA Public Health Director 2021
County of Boulder, CO Parks & Open Space Director 2021
Utah Transit Authority Director of Capital Development 2021 City of Encinitas, CA Housing Services Manager 2021
City of Anaheim, CA Safety Manager 2021
City of League City, TX Fire Chief 2021
City of Elk Grove, CA Human Resources Director 2021
City of Dickinson, TX City Manager 2021
City of Lathrop, CA Police Chief 2021
City of League City, TX Director of Human Resources & Civil Service
2021
City of Dallas, TX Director of Sanitation Services 2021 Alameda-Contra Costa Transit
District, CA
Chief Financial Officer 2021
City of Oxnard, CA Assistant Chief Financial Officer 2021 First 5 Contra Costa, CA Finance and Operation Director 2021 City of Oxnard, CA IT Director 2021
Contra Costa County, CA Division Director – Enterprise Systems 2021 City of Missouri City, TX Director of Development Services 2021 City of San Mateo, CA Deputy Director of Community
Development
2021
City of Riverside, CA City Attorney 2021
City of Clayton, CA City Manager 2021
City of Marysville, CA City Manager 2021
County of Yolo, CA Assistant County Administrative Officer 2021 City of Greeley, CO Deputy City Manager 2021
Flathead County, MT County Administrator 2021
City of Missouri City, TX Fire Chief 2021
Columbia Housing Authority, MO Chief Executive Officer 2021 First 5 Santa Clara County, CA Deputy Chief of Finance 2021 Montana Public Health Institute, MT Chief Executive Officer 2021 San Mateo County Transit District,
CA
Executive Officer, Information Technology
& Telecommunications
2021
City of Amarillo, TX Assistant Solid Waste Superintendent 2021 Skagit County, WA Director of Human Resources/Risk
Management
2021
#15..
- 589 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 7
Agency Title Year Completed
City of Glendale, CA City Manager 2021
City of San Jose, CA Building Management Administrator 2021 East Bay Regional Park District, CA General Manager 2021 LA Metro, CA Chief Systems Security and Law
Enforcement
2021
East Bay Regional Park District, CA Chief of Maintenance and Skilled Trades 2021 Montgomery County, MD Chief Labor Relations Officer 2021 City of League City, TX Assistant Director of Project Management 2021 City of Scottsdale, AZ City Clerk 2021
South Coast Air Quality
Management District, CA
Diversity Equity and Inclusion Officer 2021
City of Salinas, CA City Manager 2021
City of Oxnard, CA Special Districts Manager 2021
County of Boulder, CO Housing and Human Services Director 2020 City of San Jose, CA Senior Engineer - CIP 2020
City of San Jose, CA Senior Landscape Architect 2020
City of Greeley, CO Deputy City Manager 2020
San Joaquin Council of
Governments, CA
Executive Director 2020
City of Tucson, AZ Parks and Recreation Director 2020
Arizona Behavioral Health
Corporation, AZ
Director of Housing 2020
City of San Bernardino, CA Director of Finance 2020
County of Tulare, CA IT Director 2020
Orange County LAFCO, CA Assistant Executive Officer 2020 City of Fife, WA Public Works Director 2020
City of Oxnard, CA Assistant City Attorney 2020
City of Aurora, CO City Clerk 2020
City of Aurora, CO Debt, Treasury and Investment Manager 2020 City of Vancouver, WA Deputy Finance Director 2020
City of Millbrae, CA Community Development Director 2020 City of Ontario, CA Assistant General Manager 2020
County of Prince William, VA Human Resources Director 2020 City of Redlands, CA Director, Municipal Utilities and
Engineering
2020
City of League City, TX Internal Auditor 2020
City of Carson, CA Director of Community Services 2020
County of Oakland, MI Director-Management and Budget 2020 Montgomery County, MD Head, Project Management Office 2020 #15..
- 590 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 8
Agency Title Year Completed
International City/County
Management Association (ICMA),
DC
Director, World-Wide Learning and
Professional Development
2020
City of Sheridan, CO Police Chief 2020
Contra Costa County, CA Chief Information Security Officer 2020 County of Marin, CA Assistant Director of Human Resources 2020 County of Travis, TX Administrative Services Division Director 2020 City of Shafter, CA City Manager 2020
San Mateo County Mosquito and
Vector Control District, CA
District Manager 2020
Hayward Area Recreation and Park
District, CA
General Manager 2020
California Human Development, CA Chief Executive Officer 2020 Utah Transit Authority, UT Chief Financial Officer 2020 Alderwood Water & Wastewater
District, WA
Finance Director 2020
Alderwood Water & Wastewater
District, WA
General Manager 2020
City of Berkeley, CA Director of Library Services 2020
Metropolitan Transportation
Commission, CA
General Counsel 2020
City of Reno, NV City Manager 2020
Las Gallinas Valley Sanitary District,
CA
Administrative Services Manager 2020
San Mateo County Transit District
(SamTrans), CA
Director, Contracts and Procurement 2020
City of San Bernardino, CA Director of Animal Services 2020 City of Boulder, CO Director of Transportation and Mobility 2020 City of Sacramento, CA Office of Violence Prevention Manager 2020 County of Marin, CA Chief Probation Officer 2020
City of Berkeley, CA Public Works Director 2020
Montgomery County, MD Manager III Retirement Benefits Manager 2020 County of Marin Health and Human
Services, CA
Chief Financial Officer 2020
Contra Costa County, CA Deputy Clerk Recorder 2020
Union Sanitary District, CA CFO/Business Services Workgroup Manager
2020
Cooperative Agricultural Support
Services Authority, CA
Executive Officer 2020
First 5 Contra Costa, CA Deputy Director 2020
County of Nevada, CA Director of Social Services 2020
#15..
- 591 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 9
Agency Title Year Completed
County of Nevada, CA County Librarian 2020
City of Millbrae, CA Finance Director 2020
North Central Regional Transit
District, NM
Strategic Initiatives & Planning Manager 2020
City of McAllen, TX Deputy Director of Public Works 2020 City of Anaheim, CA Deputy Planning Director 2020
City of Fullerton, CA Accounting Supervisor 2020
County of Nevada, CA Assistant Auditor-Controller 2020
City of Amarillo, TX Assistant Solid Waste Superintendent 2020 City of Long Beach, CA Director of Parks, Recreation & Marine 2020 Galveston Island Park Board of
Trustees, TX
Chief Financial Officer 2020
City of Tucson, AZ Deputy Director of Housing and
Community Development
2020
County of Santa Clara, CA Chief Procurement Officer 2020 City of Bozeman, MT City Manager 2020
City of Amarillo, TX Drainage Utility Superintendent 2020 City of Sugar Land, TX Intelligent Transportation Systems Manager
2020
City of Dallas, TX Chief Information Officer 2020
City of Bakersfield, CA Economic Development Director 2020 Alameda County Office of
Education, CA
Executive Director, Human Resources 2020
City of Oxnard, CA Assistant Public Works Director 2020 Florin Resources Conservation
District, CA
Program Manager 2020
City of Dallas, TX Parks & Recreation Director 2020
City of Tampa, FL Neighborhood Empowerment
Administrator
2020
County of San Joaquin, CA Director of Human Resources 2020 City of Avondale, AZ Director of Economic Development 2020 City of Hollister, CA City Manager 2020
Santa Clara Valley Habitat Agency,
CA
Land and Resource Management Specialist 2020
City of Tampa, FL Sustainability and Resilience Director 2020 Mountain View Sanitary District, CA Environmental Services Manager 2020 Community Transit, CA Director of Planning and Development 2020 City of Las Vegas, NV Youth Development and Social Innovation Director
2020
#15..
- 592 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 10
Agency Title Year Completed
City of Austin, TX Assistant Director, Customer & Employee Services
2020
City of Oxnard, CA Purchasing Manager 2020
County of Montgomery, MD Chief, Behavioral Health and Crisis Services (Outreach only)
2020
County of Montgomery, MD Chief, Aging and Disability Services (Outreach only) 2020
County of Sierra, CA Chief Deputy Auditor 2020
City of Berkeley, CA Director of Health, Housing and
Community Services 2020
City of Aurora, CO Public Safety Center Director 2020
LA County METRO, CA Deputy Executive Officer, System Security & Law Enforcement 2020
City of Bell, CA Community Development Director 2020
County of Clark, NV Assistant Director of Social Services 2020 References
Provided below is a partial list of clients we have recently worked with in providing similar executive recruitment services. We are confident that these public-sector clients will tout our responsiveness and ability to successfully place candidates that were a good fit for their organization’s needs.

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

Lathrop, CA 95330
Chief Human Resources Officer (2022)
Police Chief (2021)
Steven Salvatore, City Manager
(209) 992-0014
[email protected]
City of Madera
205 West 4th Street
Madera, CA 93637
Finance Director (2023)
Public Works Operations Director (2023)
Wendy Silva, Director of Human Resources
(559) 661-5481
[email protected]
#15..
- 593 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 11

CLIENT/POSITIONS CONTACT(S)
County of San Joaquin
44 North San Joaquin Street
Third Floor, Suite 330
Stockton, CA 95202
County Counsel (Current)
Jennifer Goodman, Human Resources Director
(209) 953-7325
[email protected]
County of Stanislaus
1010 10th Street #6800
Modesto, CA 95354
Community Services Agency Director (2021)
Director of Environmental Services (2021)
Multiple Recruitments in prior years
Tamara Thomas, Human Resources Director
(209) 558-3062
[email protected]
#15..
- 594 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 12
Overview of Process
Key Stakeholder Involvement
The appointing authority and/or City representatives on behalf of the City of Modesto must be intimately involved in the search for a new Incumbent. Our approach assumes their direct participation in key phases of the search process. At the discretion of the appointing authority and/or City representatives, other key stakeholders may also be invited to provide input for the development of the candidate profile.

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

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

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

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

Aggressive, Proactive, and Robust Recruitment
We take an aggressive approach in identifying and recruiting the best available candidates. There are those candidates who would gladly rise to the professional challenge and apply for this position; however, some of the best candidates are often not actively seeking a new position and may only consider a change once we present them with your opportunity. #15..
- 595 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 13
Evoking the sense of vision and opportunity in qualified persons is among the responsibilities of CPS HR, and we pride ourselves in our efforts to reach the best available potential candidates.

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

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

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

The result is incredibly diverse candidate pools. Our clients have been quite pleased with our process and end results.
#15..
- 596 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 14
Methodology and Scope of Work
Our proposed executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of a new Incumbent uniquely suited to the City's needs. CPS HR can perform Outreach Only or Partial Recruitment services if a Full Recruitment is not currently needed by the City.

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

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

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

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

Task Description Outreach Partial Full
Phase I - Develop Candidate Profile and Recruitment Strategy 1 Finalize Schedule X X
2 Hold Key Stakeholder Meetings X X X
3 Develop Candidate Profile X X X
4 Develop Recruitment Brochure X X X
Phase II – Aggressive, Proactive, and Robust Recruitment 1 Place Ads X X X
2 Identify and Contact Potential Candidates X X X
3 Review Application Materials X X
4 Conduct Screening Interviews X X
5 Submit Client Report X X
6 Client Meeting to Select Semifinalists X X
Develop
Candidate
Profile and
Recruitment
Strategy
Phase I
Aggressive,
Proactive, and
Robust
Recruitment
Phase II
Selection
Phase III
#15..
- 597 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 15
7 Notify Candidates X X
Phase III – Selection
1 Prepare Assessment X
2 Schedule Candidates; Coordinate Travel X
3 Prepare Evaluation manuals X
4 Facilitate Finalist Selection Process X
5 Conduct Reference and Background
Checks
X
6 Assist in Negotiation (if requested) X
The first step in this engagement is a thorough review of the City’s needs, culture and goals; the executive search process; and the schedule. CPS HR is prepared to meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist us in understanding key issues and challenges that will face a new Incumbent.

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

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

Phase I - Develop Candidate Profile & Recruitment Strategy Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 – Develop Recruitment Brochure
#15..
- 598 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 16
Following the completion of the workshop session, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review. An example of a brochure is provided under Sample Recruitment Brochure. Additional brochure examples are available on our website at www.cpshr.us/recruitment-solutions/executive-search.

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

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

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

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

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

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

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

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

Phase II – Aggressive, Proactive, and Robust Recruitment Task 1 – Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 – Résumé Review and Screening Interviews
Task 4 – Appointing Authority Selects Finalists
#15..
- 599 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 17
 Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
 Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area.  Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City or continuing to ensure the public confidence in the integrity of the City.

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

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

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

Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 – Final Preparation for Appointment
Task 4 – Contract Negotiation (if requested)
#15..
- 600 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 18
We will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.

Following the completion of the selection process, CPS HR will be available to complete the following components:
 Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
 Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is our policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.
 Conduct Background Checks: Upon a conditional job offer, we will arrange for a background check of a candidate’s records on driving, criminal and civil court, credit history, education, published news, and other sensitive items. Should any negative or questionable content appear during these checks, CPS HR will have a thorough discussion with the finalist(s) and will present a full picture of the situation to the City for further review.
 Contract Negotiation (if requested): Successful negotiations are critically important, and we are available to serve as your representative in this process. With our expertise, we can advise you regarding current approaches to various components of an employment package. We can represent your interests with regards to salary, benefits, employment agreements, housing, relocation, and other aspects, with the ultimate goal of securing your chosen candidate.
#15..
- 601 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 19
Proposed Timeline
The project team CPS HR has selected is prepared to begin work upon receipt of a fully-executed contractual agreement. All search activities up to and including the selection of new Incumbent can be completed in 12 to 14 weeks. The precise schedule will depend on the placement of advertising on appropriate professional and affiliate websites, and the ability to schedule, as quickly as possible, the initial meeting. A proposed schedule of major milestones is presented below.

Task Name Month 1 Month 2 Month 3 Month 4
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Initial Meeting 
Draft Brochure 
Brochure Approved/
Printed & Place Ads 
Aggressive Recruiting 
Final Filing Date 
Preliminary Screening 
Present Leading
Candidates 
Semi-finalist Interviews 
Reference/
Background Checks 
Final Interviews 
Appointment 
Weeks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
#15..
- 602 -
Proposal to City of Modesto
RFP Executive Level Search Firm
Page | 20
Professional Fees
Professional Services
Our professional fixed fee covers all CPS HR services and deliverables associated with Phases I, II, and III of the recruitment process, including the necessary field visits (up to three) to develop the candidate profile and recruitment strategy, assist the City with finalist selection and facilitate candidate interviews. The fixed price also includes the brochure development, paid advertisements, printing and shipment of manuals (upon request), background check for finalist (for full recruitments only) and consultant travel. We are also providing the fees associated with Partial (Phase I and II only) and Outreach only services.

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

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

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

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

Additionally, should the initial recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial recruitment effort.
#15..
- 603 -
A Proposal to Conduct an Executive Recruitment
for the Position of

EXECUTIVE RECRUITING SERVICES
on behalf of
1544 Eureka Road, Suite 280
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
#15..
- 604 -
April 18, 2023
MS. CHRISTINA ALGER

DIRECTOR OF HUMAN RESOURCES

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

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

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

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

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

City/County Managers
General Managers
Executive Directors
Chief Technology Officers
Chief Operating Officers
Chief Financial Officers
City Attorneys/County Counsels
Community Development Directors
Economic Development Directors
Equity Officers
Finance Directors
Fire Chiefs
Human Resources Directors
Independent Police Auditors
Police Chiefs
Public Works Directors
Planning Directors
#15..
- 605 -
A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about them is left undiscovered.

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

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

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

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

Sincerely,
Valerie Gaeta Phillips
President, Bob Murray & Associates
#15..
- 606 -

TABLE OF CONTENTS
THE RECRUITMENT PROCESS................................................................2 STEP 1 DEVELOP THE CANDIDATE PROFILE........................................................2 Optional Service: Community and Staff Involvement.......................................................2 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ...................2 Reaching Diverse Candidates .........................................................................................3 STEP 3 RECRUIT CANDIDATES ................................................................................3 STEP 4 SCREEN CANDIDATES ..................................................................................4 STEP 5 CONDUCT PRELIMINARY INTERVIEWS......................................................4 STEP 6 SEARCH PUBLIC RECORDS...........................................................................4 STEP 7 MAKE RECOMMENDATIONS .......................................................................4 STEP 8 FACILITATE FINAL INTERVIEWS.................................................................5 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................5 STEP 10 ASSIST IN NEGOTIATIONS.........................................................................6 COMPLETE ADMINISTRATIVE ASSISTANCE .......................................6 COSTS AND GUARANTEE ..........................................................................7 PROFESSIONAL FEE AND EXPENSES ......................................................................7 Optional Services ...........................................................................................................7 GUARANTEE...............................................................................................................8 RECRUITMENT SCHEDULE .....................................................................8 FIRM PROFILE..............................................................................................9 REFERENCES..............................................................................................17 #15..
- 607 -
Bob Murray & Associates Proposal for the City of Modesto Page 2

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

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

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

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

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

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

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

Upon your approval, Bryan Hill, Gary Phillips, or Stacy Stevenson will send the brochure by postal mail and email to a targeted audience, personally inviting potential candidates to apply for the #15..
- 608 -
Bob Murray & Associates Proposal for the City of Modesto Page 3 Executive Recruiting Services position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions. Two sample brochures are included in this proposal package for your reference.

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

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

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

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

STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 1,400 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the Executive Recruiting Services recruitment.
#15..
- 609 -
Bob Murray & Associates Proposal for the City of Modesto Page 4 STEP 4 SCREEN CANDIDATES
Following the closing date for the recruitment, Bryan Hill, Gary Phillips, or Stacy Stevenson will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Bryan Hill, Gary Phillips, or Stacy Stevenson will discuss with the City Manager or hiring agent how the City of Modesto wishes to proceed with these candidates.

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

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

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

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

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

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

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

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience, education, and salary information for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate #15..
- 610 -
Bob Murray & Associates Proposal for the City of Modesto Page 5 List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE FINAL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Modesto to craft and implement an interview approach that fits your needs. This may include individual and panel interviews by the City Manager or hiring agent and key stakeholders, community/employee interview panels, writing and presentation samples, meet-and-greets, or another specialized process element Bryan Hill, Gary Phillips, or Stacy Stevenson helps the City of Modesto to design.

Bryan Hill, Gary Phillips, or Stacy Stevenson will be present on-site during the interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided to each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews and candidate travel.

Our goal is to ensure that each candidate has a very positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Bryan Hill, Gary Phillips, or Stacy Stevenson and your Recruitment Coordinator will conduct detailed reference checks for up to three (3) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.
#15..
- 611 -
Bob Murray & Associates Proposal for the City of Modesto Page 6 STEP 10 ASSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Bryan Hill, Gary Phillips, or Stacy Stevenson knows what other organizations have done to put deals together with great candidates and what the current market is like for Executive Recruiting Services positions in organizations like the City of Modesto’s. They will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate. With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE
We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Modesto, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Bryan Hill, Gary Phillips, or Stacy Stevenson on behalf of the City of Modesto.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Bryan Hill, Gary Phillips, or Stacy Stevenson will be available to the City of Modesto by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.
#15..
- 612 -
Bob Murray & Associates Proposal for the City of Modesto Page 7

COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES
The fixed, flat professional services fee for conducting the Executive Recruiting Services recruitment for a department head on behalf of the City of Modesto is $20,000. Services provided for in this fee consist of all steps outlined in this proposal, including two (2) days of meetings on site. The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Modesto. Therefore, Bryan Hill, Gary Phillips, or Stacy Stevenson will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

The City of Modesto will also be responsible for reimbursing expenses Bob Murray & Associates incurs on your behalf. We estimate expenses for this project not to exceed $6,500. Reimbursable expenses include (but are not limited to) such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit and civil background checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. In no instance will expenses exceed this estimate without prior approval from the City of Modesto.

Expense reimbursement for candidate travel related to on-site interviews will be the responsibility of the City of Modesto.

Optional Services
Community/Staff Input Forum: $1,500/day, plus travel expenses Online survey: $250
Additional on-site meeting days: $1,500/day, plus travel expenses Additional background checks: $250/candidate
Additional reference checks: $500/candidate
Other services: $250/hour or $1,500/day
Professional Fees and Reimbursable Expenses
Professional Services (Fixed Flat Fee) $20,000
Reimbursable Expenses
Example costs and approximate amounts include:

Brochure Design and Printing ($1,275)
Advertising ($3,000)
Background Checks – 3 candidates ($550)
Consultant Travel ($1,000)
Other expenses – supplies, shipping, clerical ($575)
$6,500
Not-to-Exceed Total $26,500
#15..
- 613 -
Bob Murray & Associates Proposal for the City of Modesto Page 8

GUARANTEE
Should a candidate recommended by our firm position resign or be terminated within the first 12 months of employment, we will provide the City of Modesto with professional services to secure a replacement. Services will be provided at no cost, aside from expenses incurred on the City of Modesto’s behalf during the new search. We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

RECRUITMENT SCHEDULE
We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Modesto. A typical timeline of tasks and events is included here for reference. #15..
- 614 -
Bob Murray & Associates Proposal for the City of Modesto Page 9

FIRM PROFILE

OUR STAFF
Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of fifteen (15):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Carmen Valdez, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Bryan Hill, Senior Executive Recruiter
Stacy Stevenson, Senior Executive Recruiter
Deanna Cantrell, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Stephanie Marshall, Recruitment Coordinator
Stacy Conley, Recruitment Coordinator
Gini Herndon, Contracts Administrator/Bookkeeper

BOB MURRAY, FOUNDER
Mr. Murray—known simply as “Bob” to his clients and candidates throughout the western U.S.— brings over 40 years’ experience as a recruiter and is recognized as one of the top local government recruiters in the nation. He conducted hundreds of searches for cities, counties, and special districts and was called on to conduct searches for some of the largest, most complex organizations in the country—and some of the smallest. Bob conducted searches for chief executives, department heads, professional and technical positions, taking the lead on many of the firm’s most difficult assignments with great success. His clients retained him again and again, given the quality of his work and success in finding candidates for difficult to fill positions.

As our Founder, Bob currently takes on few searches personally but continues to be an active presence at Bob Murray & Associates, providing valued insight and experience to our team members regarding all aspects of the recruitment process.

Mr. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in Public Administration at California State University at Hayward.

VALERIE GAETA PHILLIPS, PRESIDENT AND RECRUITER
Ms. Gaeta Phillips has over 18 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Since joining Bob Murray & Associates, Valerie has completed over 160 searches in a diverse range of #15..
- 615 -
Bob Murray & Associates Proposal for the City of Modesto Page 10 fields, including city and general management, planning, finance, human resources, transportation, communication and public relations, community and economic development, information technology, parks and recreation, and operations. She has recruited at all levels of municipal and non-profit organizations, from technicians and engineers to Executive Directors and Chief Executive Officers.

Valerie is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients’ success; she is also active in a variety of industry organizations and in diversity-focused associations. Valerie is called upon often to serve as an expert speaker on topics such as managing one’s online reputation, diversity issues in municipal and non-profit leadership, and how to identify a positive placement for the organizational culture.

Ms. Gaeta Phillips, along with Executive Vice President Gary Phillips, has a passion for helping people, evidenced by fundraising, sponsorship, and involvement in raising awareness for organizations such as Autism Speaks, the UC Davis M.I.N.D. Institute, and the Northern California Special Olympics.

GARY PHILLIPS, EXECUTIVE VICE PRESIDENT AND RECRUITER
Since joining Bob Murray & Associates, Mr. Phillips has completed over 125 searches for executives and professionals in a wide variety of fields including animal services, city and general management, planning, legal counsel, cyber security, and human resources. Gary’s clients have ranged from municipal government to non-profit and private sector organizations, and he has sourced outstanding candidates for positions from the level of division managers up to City Managers, Executive Directors, and General Managers.

Gary started his career with a New York-based Fortune 100 company and quickly became a Senior Manager, building and running a large customer service organization that eventually expanded to 13 countries in Europe. He proceeded to hold senior leadership positions in several Fortune 500 companies, with noted successes such as building an organization from two to 250 employees worldwide and growing a company from 800 to 1200 employees.

As part of an executive acquisition and recruiting team, Gary helped build a start-up enterprise software company in San Francisco, recruiting top-notch talent and building a world-class organization. He has maintained customer relationships in the public sector and the private sector, including medical and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients.

Mr. Phillips, along with Ms. Gaeta-Phillips, is involved in his community as a soccer coach, as an organizer of fundraisers for Autism Speaks and the UC Davis M.I.N.D. Institute, and as a sponsor of the Northern California Special Olympics. Mr. Phillips received his Associate of Science degree and completed additional coursework at Rochester Institute of Technology, NY.

JOEL BRYDEN, VICE PRESIDENT AND RECRUITER
Mr. Bryden has over 30 years of local government experience that he brings to the firm, having retired as Chief of Police in Walnut Creek, CA prior to joining Bob Murray & Associates in 2013. #15..
- 616 -
Bob Murray & Associates Proposal for the City of Modesto Page 11 Throughout his career, Joel has been involved in public sector consulting, with vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

Joel has a solid reputation as a leader in the public sector and his ability to find and evaluate outstanding applicants for our clients is invaluable in the search process. Since joining Bob Murray & Associates, Joel has conducted over 100 recruitments in a broad range of sectors including police, fire, building, planning, city management, and general management. He is often called upon to recruit specialized or difficult-to-fill positions, such as Independent Police Auditor.

Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. He is currently based in Walnut Creek, CA.

YASMIN BEERS, SENIOR EXECUTIVE RECRUITER
Yasmin Beers brings over 33 years of municipal government experience to Bob Murray and Associates. Yasmin retired as the City Manager for Glendale with a population of over 200,000.

She served as Chief Executive Officer overseeing close to 2,000 employees serving in Police, Fire, Public Works, Parks, Community Development, Library Arts & Culture, Innovation Performance & Audit, and Water & Power to name a few.

Yasmin’s three decades of experience in public service brings extensive background in public sector finance, human resources management, contract negotiations, strategic planning & organizational leadership, policy development, emergency response & planning, team building and performance improvement. Throughout her career, Yasmin has had a great deal of experience in recruiting, selecting and hiring employees for executive and management level positions with a focus on the organizational needs and culture.

Yasmin currently serves on the Glendale Adventist Medical Center’s Civic Advisory Board and the Advisory Board for Village Christian School. Yasmin is a past member of Soroptimist International of Glendale where she served as President in 1999/2000. She is a past board member of Glendale Healthy Kids, Salvation Army and the American Red Cross. In 2011 the Glendale Chamber of Commerce recognized Yasmin as Woman of the Year; in 2013 she was the recipient of The Armenian American Woman of Excellence Award; in 2014 Yasmin was recognized by the Glendale Educational Foundation for her distinguished service and philanthropic efforts; in 2015, YWCA awarded Yasmin with the Heart & Excellence Award; in 2017, she was recognized by Business Life Magazine as a Women Achiever; and in 2018 the California State Senate recognized Yasmin as one of the Woman of the Year, each a tribute to her core values that represent her civic responsibilities, volunteerism and community service.

Yasmin has a Bachelor of Arts degree in Political Science from California State University, Northridge and a Master’s degree in Organizational Leadership from Woodbury University.

CARMEN VALDEZ, SENIOR EXECUTIVE RECRUITER
Carmen Valdez provides executive recruitment and human resource services to municipal government agencies and non-profits. She has more than 25 years’ experience in team-building, executive search, general human resources, classification and compensation, testing, policy #15..
- 617 -
Bob Murray & Associates Proposal for the City of Modesto Page 12 development, performance management, organizational development, discipline, and other employee relations activities.

Carmen has most recently been consulting with Municipal Resource Group, prior to which she spent over 30 years with the City of Milpitas, a Silicon Valley city of 70,000 residents. In this capacity, she was responsible for collective bargaining, PEPRA and Affordable Care Act implementation, modernizing Human Resource services to improve efficiencies and reduce costs, revamping the Workers Compensation service delivery and completing a City-wide strategic plan. Carmen also spent almost 2 years as the Director of Recreation Services.

In addition to her significant experience in the public sector, Carmen earned a Bachelor of Arts degree in Business from University of Phoenix. She is also a member of Local Government Hispanic Network and League of Women in Government. She is an avid runner and enjoys giving back to her community.

ADELE FRESÉ, SENIOR EXECUTIVE RECRUITER
Adele Fresé brings 27 years of local government experience to Bob Murray & Associates, having retired as Chief of Police in Salinas, CA prior to joining the firm in 2021. Adele began her public service career in 1985 as an active-duty member of the United States Marine Corps before serving the City of Corpus Christi for 20 years.

Adele has extensive experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government.

During her 7 years as a Chief of Police, Adele exercised strong leadership and implemented monumental changes leading to the diversification of her agency’s sworn staff. Adele’s commitment to collaboration with the public and law enforcement agencies earned her the Partner of the Year Award from Homeland Security Investigations, and her Department the Community Policing Award from the Community Policing Institute of California.

Adele received her Bachelor of Science degree in Criminal Justice Administration from California State University at Hayward, and a minor degree in Sociology. She earned a Master of Science in Public Safety, completed the Senior Executives in State and Local Government program at the Harvard Kennedy School, and PERF’s Senior Management Institute for Police. She is a Texas Certified Public Manager.

BRYAN HILL, SENIOR EXECUTIVE RECRUITER
Chief Bryan Hill (ret.) spent over 30 years serving as a public safety leader in the San Francisco Bay Area. During his career, he worked for three appreciably different East Bay cities and developed and led several regional programs providing him a broad perspective of local government. Much of Bryan’s career was spent working in a wide variety of leadership and executive level roles. As a police chief and city department head he was known for a progressive and principled leadership approach.
#15..
- 618 -
Bob Murray & Associates Proposal for the City of Modesto Page 13 Throughout his career, Bryan emphasized community engagement. As a municipal government executive, he was dedicated to establishing lasting community partnerships, building strong teams, and continues to participate in leadership development.

Bryan received the California Police Officer’s Association Award of Distinction for his efforts in developing regional partnerships that increased efficiencies, professionalism and service to the community. Bryan received his Bachelor of Arts degree in Social Science from California State University, Sacramento and he earned a Master of Science in Organizational Leadership. He is a graduate of the FBI National Academy and holds a California POST Executive Certificate.

STACEY STEVENSON, SENIOR EXECUTIVE RECRUITER
In Ms. Stevenson’s 32 years of service in municipal government, she worked for the California cities of San Diego, National City, and Murrieta. Ms. Stevenson began her professional career in City of San Diego as a Personnel Analyst and went on to work in the Personnel, Metropolitan Wastewater, Engineering, and Contracting departments; as well as the City Manager’s office, progressing from Analyst to Deputy Director. She also assumed special projects such as the creation and opening of the City’s neighborhood service centers and Liaison to the City Council.

From San Diego she joined the City of National City where she served as the Director of Human Resources, the Director of Administrative Services, and Deputy City Manager. She oversaw Community Services, Finance, Human Resources, and Information Technology; and managed special projects such as the balloting and passage of the City’s local sales tax and the implementation of a new payroll module.

In the City of Murrieta, Ms. Stevenson served as Administrative Services Director and Deputy City Manager, again overseeing Community Services, Finance, Human Resources and Information Technology and managing special projects. Ms. Stevenson has also served as a commissioner on both the Child Care and Civil Service Commissions for the City of Chula Vista.

Ms. Stevenson holds a Bachelor’s degree in Industrial Organizational Psychology as well as a Master of Business Administration degree with an emphasis in Human Resource Management.

DEANNA CANTRELL, EXECUTIVE RECRUITER
Deanna Cantrell brings 28 years of municipal government passion and experience to Bob Murray & Associates as an executive recruiter. Deanna is recognized as a prominent driver of public safety leadership, innovative and evidence-based problem solving, advancing trust and community building, and developing leaders. She has a proven record for exceptional communication, talented public speaking, forward thinking policing, strategic planning, staff development, mentoring, and coaching.

Deanna was the Chief of Police for the City of Fairfield, California for over two years. Prior to that, Deanna served almost five years as the Chief of Police in San Luis Obispo (SLO) California, and over 21 years with the Mesa, Arizona Police Department where she moved through the ranks from Officer to Assistant Chief.
#15..
- 619 -
Bob Murray & Associates Proposal for the City of Modesto Page 14 Deanna has built a deep-rooted history of building trust with the community, improving employee health and wellness, and advancing meaningful police transformation. Deanna has developed numerous testing processes, has assisted in over 20 executive recruitments, and is gifted in mentoring, coaching and recognizing and developing talent. She served for four years as the Co-Chair for the California Women Leaders in Law Enforcement (WLLE) and is the WLLE Foundation Board President, also chairing the mentoring committee. Deanna served for six years on the California Police Chiefs Association Board. She is currently an Executive Fellow for the National Policing Institute and is on the Board for Police2Peace. In 2018 Deanna was selected as the 24th District, California Congressional Woman of the year, and in 2022, Women Leaders in Law Enforcement established the Deanna Cantrell Exceptional Leadership award.

Deanna holds a Bachelor of Science in Education and a Master of Administration from Northern Arizona University. She has an Executive Development Certificate from CA POST, teaches Advancing Ethical Leadership for CA POST through Cal State Long Beach, and is a graduate of Northwestern University Police Staff and Command School where she is also an adjunct faculty member, teaching policy, executive image, strategic planning, internal conflict.

Deanna enjoys the arts, playing the guitar, golfing, and growing future leaders.

ALEXANDRIA KOPACK, RECRUITMENT AND OPERATIONS MANAGER
Alex is the Recruitment and Operations Manager with Bob Murray & Associates, and partners closely with the executive recruiter to support both the client and candidates through the entire recruitment process. Alex’s responsibilities include posting available positions to job boards, interview scheduling, conducting background checks on candidates, and creating marketing materials for each search.

Alex graduated with a bachelor’s degree in Business Administration from Boise State University.

She has several years of experience in many different office settings and is eager to assist in the hiring process.

In her spare time, Alex enjoys spending time with her husband, family, and poodle (Theo), as well as playing tennis whenever weather allows.

KATHY LOLAS, SENIOR RECRUITMENT COORDINATOR
Kathy recently joined the Bob Murray & Associates team after eight years of retirement. She is serving as a Recruitment Coordinator and brings over 30 years of experience from the residential real estate, state government, and life coaching industries. As a Recruitment Coordinator, Kathy partners closely with executive recruiters to provide support to candidates and clients throughout the recruitment process. She assists with scheduling, conducting background checks, creating marketing materials, and posting advertisements for open recruitments.

Kathy returned to graduate school in 2015, earned her Master’s degree and launched a private lifecoaching practice. She is known for her outgoing personality, attention to detail and collaborative approach to successfully completing executive recruitments. In her free time, Kathy enjoys playing jazz piano, travel, boating, and playing with her poodle, “Rocky”. #15..
- 620 -
Bob Murray & Associates Proposal for the City of Modesto Page 15

STEPHANIE MARSHALL, RECRUITMENT COORDINATOR
Stephanie serves as a Recruitment Coordinator with Bob Murray & Associates, partnering closely with executive recruiters to support clients and candidates through the recruitment process. She assists with scheduling interviews, creating marketing materials, posting advertisements, and conducting background checks, as well as many other administrative tasks that contribute to the success of each recruitment.

Stephanie graduated with a Bachelor’s degree in Anthropology and earned a Paralegal certification from the University of California, Davis. She’s worked in various offices before her time at Bob Murray & Associates and is excited to assist in the hiring process.

During her free time, Stephanie enjoys spending time with family, reading high fantasy novels, and being out on the water.

STACY CONLEY, RECRUITMENT COORDINATOR
Stacy serves as a Recruitment Coordinator with Bob Murray & Associates, working with executive recruiters to support candidates and clients through the recruitment process. She assists with creating marketing materials, posting advertisements, conducting background checks, and scheduling interviews along with many other administrative tasks that contribute to the success of the firm.

Stacy graduated from Heald Business College with an Associate’s Degree in Office Administration, and brings prior experience to Bob Murray & Associates as a Recruiting Coordinator and Executive Assistant. She’s worked in many administrative roles prior to joining the firm and is eager to assist in the hiring process. In her free time, Stacy enjoys hiking, spending time with family, and training her Rottweiler-Husky mix “Reign”.

GINI HERNDON, CONTRACTS ADMINISTRATOR/BOOKKEEPER
Ms. Gini Herndon is the Contracts Administrator/Bookkeeper at Bob Murray & Associates. Ms.

Herndon is the first point of contact at Bob Murray & Associates and has an extensive administrative background in business law.

Ms. Herndon is known for her collaborative approach as she works closely with our internal team and clients to ensure a successful search. As a first point of contact, Ms. Herndon is highly professional and maintains a high level of confidentiality and sensitivity. #15..
- 621 -
Bob Murray & Associates Proposal for the City of Modesto Page 16

CORPORATION
Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 280
Roseville, CA 95661
(916) 784-9080
[email protected]
Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS
Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Modesto:

California Special Districts Association – Member
California City Management Foundation (CCMF) – Member
International City/County Management Association (ICMA) – Member League of California Cities – League Partner
League of Women in Government – Sponsor/Member
Municipal Management Association of Northern California (MMANC) –Sponsor/Member Municipal Management Association of Southern California (MMASC) –Sponsor/Member National Forum for Black Public Administrators (NFBPA) – Committee member for Marketing and Branding
Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues.

Recent and upcoming speaking engagements and trainings provided by our staff include:
“Role of the Chief” class, presented by Joel Bryden on behalf of the California Police Chiefs Association
Organization of Latino Affairs invited speaker, Valerie Phillips for Hispanic Heritage Month; and
“The Next Step on Your Career Ladder: A Rung Up or a Missed Step? What City Managers are Seeking to Create a Dream Team,” Bob Murray & Associates is a leading participant on the MMANC 2019 Conference Panel
#15..
- 622 -
Bob Murray & Associates Proposal for the City of Modesto Page 17

REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has conducted or is currently conducting searches are listed below:

CLIENT: City of Jurupa Valley, CA
POSITION: City Manager
POSITION: Public Works Director/City Engineer
POSITION: Economic Development Director
POSITION: Director of Administrative Services
POSITION: Assistant City Manager
REFERENCE: Mr. Rod Butler, City Manager
Ms. Pat Grob, Sr. Human Resources Analyst
(915) 332-6464
CLIENT: Orange County, CA
POSITION: Public Defender
POSITION: Executive Director of Campaign & Finance Ethics Commission POSITION: Executive Director for the Office of Independent Review POSITION: Assistant Director of Public Works
POSITION: Chief Human Resources Officer
POSITION: OC Parks Deputy Director
POSITION: Director of the Office of Independent Review
POSITION: Chief Human Resources Officer
REFERENCE: Ms. Sandra Florez, Recruitment Manager
(714) 834-7325
CLIENT: City of Ontario, CA
POSITION: Development Director
POSITION: Community Improvement Director
POSITION: Museum Arts and Culture Director
POSITION: Innovation, Performance, and Audit Director
REFERENCE: Ms. Angela Lopez, Executive Director Human Resources (909) 395-2435
We appreciate the City of Modesto’s consideration of our proposal and look forward to working with you.
#15..
- 623 -
Submittal date: April 28, 2023
Submitted by:

Koff & Associates
2835 Seventh Street
Berkeley, CA 94710
Frank Rojas
Recruitment Manager
[email protected]
510.495.0448
KoffAssociates.com

EXECUTIVE RECRUITMENT SERVICES

CITY OF MODESTO
#15..
- 624 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
April 28, 2023
Kelly Rice-Ortiz, Executive Assistant
City of Modesto
1010 10th St,
Modesto, CA 95354
Dear Ms. Rice-Ortiz,
Thank you for the opportunity to submit our proposal to assist the City of Modesto with Executive Recruitment services. We are excited about the possibility of continuing this partnership and supporting the City with Executive Recruitment. Koff & Associates (K&A), a Gallagher company, is uniquely qualified based on over 37 years of assisting public agencies with finding and placing candidates dedicated to public service.

Our unique selling proposition lies in K&A’s experience supporting public sector clients in California and throughout the USA. Through our investment in modern recruitment technology, we offer forward-thinking services that not only provide advanced extensive sourcing and outreach but allow us to tell the story of each project through easy-to-understand data.

Conducting countless executive search efforts has made K&A an expert in identifying, targeting, recruiting, and successfully placing women and minority candidates in many of our recruitments. Diversity recruiting is an area of focus, and our firm has a vast pool of resources at our fingertips to provide outreach on an industry-wide basis to the public and private sector for qualified candidates nationwide. We pride ourselves on transparency, flexibility, and quality work.

As K&A’s Recruitment Manager, I am available to answer questions about this proposal, as well as our team and recruitment services. You can reach me at (510) 495-0448 or [email protected].

Sincerely,
Frank Rojas
Recruitment Manager
#15..
- 625 -
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | KoffAssociates.com Table of Contents
Business Information 1
Experience and Qualifications 1
Recent Successful Recruitments 2
Project Team 5
Project Approach / Methodology 7
References 11
Pricing Proposal 12
Other: Professional Services Agreement Acknowledgement 13 Signature Page 14
Attachment: Sample Brochure
#15..
- 626 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
1 BUSINESS INFORMATION
Koff & Associates (“K&A”) is a full spectrum, public-sector human resources and recruiting services firm founded by Gail Koff in 1984 and has been assisting cities, counties, special districts, other public agencies, and non-profit organizations.

As of April 30, 2021, we merged with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western US Region. GALLAGHER BENEFIT SERVICES, INC. is our legal name. It is a Delaware company, and the FEIN is 36-4291971.

EXPERIENCE AND QUALIFICATIONS
With 37 years of HR experience, Koff & Associates knows public sector employment inside and out. We are familiar with public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. Our team is ready to support you at any level you wish – providing sourcing expertise, full-cycle recruitment at the start of your search through the start date of your newest employee, and everything in between.

Our long list of clients indicates our firm’s reputation as a quality organization that produces comprehensive, sound, and cost-effective results. K&A is “hands on” and responsive with the ability and expertise to identify the ideal candidate(s) for the City of Modesto.

K&A uses its vast network to leverage recommendations and referrals of past clients in combination with modern sourcing techniques and technology to build the best candidate pools in the market. We are a team of true recruiters with over 60 years of combined experience. Our work speaks for itself, and our primary goal is to provide professional and technical consulting assistance with integrity, honesty, and a commitment to excellence.

K&A provides personal attention to and creates long-term relationships with our clients. Because we care about and understand your organization’s people, culture, leadership, and unique needs, we identify highly qualified candidates to support your goals.

We build enduring
relationships
We source top talent reflective of the communities you serve. With our focus on inclusion, networking and partnering with minority-based associations, utilizing bias-reducing tools, and drawing from our own employees’ certification training, we are leaders in public sector Diversity and Inclusion.

We value strength in
diversity
K&A uses advanced programs and unique sourcing methods to identify candidates which traditional recruiting strategies might have missed. We continuously gather and analyze important data points and are always looking ahead at how we can use information technology to better serve you.

We leverage innovative
search technology
#15..
- 627 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
2 RECENT SUCCESSFUL RECRUITMENTS
The following is a partial list of recent executive recruitments conducted by Frank Rojas (some while at a previous firm):

Agency Title Year Completed
City of Soledad City Manager 2023
City of East Palo Alto City Manager, Chief of Police 2023 City of Vista Fire Chief 2023
City of West Hollywood Economic Development Director 2023 City of Pasadena Director of Library & Information Services, Chief of Police, Controller 2023 - 2022 City of Palm Springs Fire Chief, City Manager 2023
City of Carson Finance Director, Public Works Operations Manager, Community Services Director, City Manager, Public Works Director 2023 - 2020 City of Oxnard
Chief Financial Officer, Budget Manager, Public Works Dir., Asst. Public Works Dir. (2), Purchasing Manager, Controller, Communications & Marketing Manager, Assistant City Attorney, Planning & Environmental Manager, Assistant Director of Housing Programs, Environmental Waste Division Manager
2023 – 2017
City of Berkeley
I.T. Director, Deputy Director of Finance, Public Works Director, Deputy City Attorney (2), Director of Health, Housing and Community Services, Operations Manager (2), Accounting Manager
2023 – 2020
East Bay Regional
Park District
Chief Information Officer, Chief of Design & Construction, Chief of Interpretive & Recreation Services 2023
City of Salinas Finance Director, City Manager, Chief of Police, Assistant Finance Dir. 2023 – 2021 City of West Hollywood Director of West Hollywood 2023
City of Ontario Assistant Community Development Director, Director of Economic Development, Assistant GM Water Utilities 2023 – 2021
City of Millbrae Community Development Director, Public Works Director, Finance Director 2022 – 2021
West Valley
Water District General Manager 2023
City of Rialto Director of Community Development, Director of Engineering Services 2023 2022 City of Patterson Finance Director 2022
Contra Costa
Water District
Assistant General Manager (Engineering & Construction), Finance Director 2023 – 2022
City of Signal Hill City Manager 2022
City of Leavenworth City Administrator 2022
City of San Jose Assistant CIO, Chief Information Officer 2022 #15..
- 628 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
3 City of Long Beach City Treasurer 2022
San Mateo County
Transportation Authority
Deputy Director, Transportation Authority; Executive Officer for Civil Rights, Employee & Labor Relations, and Human Resources; District Surveyor, Real Estate
2022 – 2021
City of San Bernardino
Director of Public Works, Chief of Police, Director of Human Resources, Director of Animal Services, Director of Finance, Assistant Director of Human Resources (Risk)
2022 – 2021
County of Riverside County Counsel, Diversity Equity, and Inclusion Officer, Chief Executive Officer, Animal Services Director 2022 – 2020
East Valley
Water District General Manager/Chief Executive Officer 2022 Stinson Beach Co. Water
District General Manager 2022
City of Oceanside City Manager 2022
Los Angeles County
Vector Control District General Manager 2022
Metro Parks Tacoma Chief Financial and Administrative Officer 2022 City of Calexico City Manager, Chief of Police 2022
CALAFCO Executive Director 2022
Santa Barbara MTD Director of Finance and Administration, Director of HR and Risk 2022 City of Lawndale Director of Finance / City Treasurer 2022 City of Tracy City Attorney 2022
City of Riverside Budget Manager 2022
County of Stanislaus Director of Animal Services 2022
City of Cherry
Hills Village Chief of Police 2022
City of Woodland Park Chief of Police 2022
City of Oroville Chief of Police 2022
Humboldt Waste
Management Authority Executive Director 2021
City of Chico Public Works Director 2021
Tahoe RPA Director of Human Resources & Organizational Development 2021 County of Santa Clara Planning Services Manager/Deputy Director 2021 First 5 Alameda County Human Resources Director 2021
City of San Diego Director of Transportation 2021
City of Glendale City Manager 2021
Orange County Social
Services Agency Chief Deputy Director, Division Director (3) 2021 - 2019 #15..
- 629 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
4 City of Carson Public Works Director, Community Services Director, City Manager 2021 - 2019 City of Colton Public Works & Utility Services Director 2021 City of Redlands Director of Municipal Utilities & Engineering, Fire Chief 2021 - 2020 City of Ontario Economic Development Director 2021
County of Tulare Director of Human Resources & Development, Director of Information & Communications Technology 2021 -2020
City of Millbrae Director of Finance, Community Development Director 2020 City of Avondale Development & Engineering Services Dir., Economic Development Dir. 2020 - 2019 City of Redlands Fire Chief, Director of Municipal Utilities & Engineering 2020 City of Shafter City Manager 2020
City of Ontario Municipal
Utilities Assistant General Manager 2020
City of Bell Director of Community Development 2020
City of Los Angeles Human Resource & Payroll Project Manager (ERP implementation) 2020 County of San
Bernardino
Public Works Director, Human Resources Director, Assistant HR Director, Director of Land Use Services, Regional Parks Director 2020 - 2018 Orange County LAFCO Assistant Executive Officer 2020
LA Metro Chief Ethics Officer 2020
Orange County Fire
Authority Purchasing Manager, Fleet Manager, Human Resource Director 2020 - 2017 City of Banning Director of Administrative Services, Director of Parks and Recreation 2019 City of Santa Ana City Manager, Parks & Recreation Director 2019 City of Bell Gardens City Manager 2019
City of Anaheim Deputy Planning Director, Engineering Manager, Buyer 2020 - 2016 City of Garden Grove Finance Director, City Manager 2019 - 2016 Desert Healthcare
District Chief Executive Officer 2019
City of San Marino City Manager 2018
County of San Luis
Obispo County Administrative Officer 2018
County of Imperial County Executive Officer 2018
City of Avalon City Manager 2018
#15..
- 630 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
5 PROJECT TEAM
Frank Rojas
Recruitment Manager
Frank brings more than thirty (35) years of recruiting experience from the highly competitive direct placement and contracts labor industries and the corporate environment. He has significant experience placing corporate leaders, executive, professional, and technical staff, including individual contributors for the government sector, non-profits, aerospace, architectural and engineering, information technology, petroleum and chemical, energy, power, civil/structural, transportation, and private industry.

Frank began his career in Contract Labor. Over the next 30+ years, he launched seven start-up offices in several states and locations, providing direct placement and contract support to hundreds of clients in virtually all industries and levels of talent. He continued his career in the non-profit environment, managing and building talent acquisition support during significant growth periods. Having been a speaker at several networking and career coaching venues, Frank believes in utilizing traditional recruiting methodology with social media.

In addition to recently completing recruitments for the City of San Bernardino, County of Riverside, City of Riverside, City of Pasadena, and City of Calexico, recent successful efforts include positions of City Manager, Finance Director, County Executive Officer, Director of Human Resources & Development, City Treasurer, DEI Officer, Chief of Police, and Director-level hires for Information Technology, Social Services, Public Works, Economic Development, Community Services, Animal Services, and Division/Site General Managers.

Frank has been named in the top 1% viewed profiles on LinkedIn and has established a strong client and customer base through trust, effective recruiting, relationship building, and teamwork.

Carlo Zabala
Executive Recruiter
Carlo has over 15 years of experience in the recruiting field. He started his career as a nurse recruiter on travel nursing contracts and filling multiple roles throughout the country, working with healthcare systems to fill their needs. He then went on to work at PRIDE Industries, the nation’s largest employer of people with disabilities, recruiting for their new government contracts and corporate positions. His next recruiting role was with CVS/Aetna, a Fortune 5 company, where he worked on new Medicare contracts. Most recently, Carlo was Sr Recruiter at Shriners Hospital for Children Northern CA, implementing a new recruitment program at the hospital.

Current & Previous Recruitments: Transportation Corridor Agencies – Chief Capital Programs Officer, County of Santa Clara - Deputy Director of Parks and Recreation, City of Salinas – Planning Manager & Assistant Director of Finance, City of Berkeley – Deputy Director of Finance, City of Patterson – Director of Finance, City of Carson – Director of Finance. #15..
- 631 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
6 PROJECT TEAM, Cont.

Joshua Boudreaux
Recruiting Supervisor
Joshua has over nine (9) years of public sector Human Resources experience.

He began his public sector journey as a labor representative with the Orange County Employees Association representing employees in grievances, investigations, meet and confers, interactive processes, arbitrations, and negotiations. He transitioned into the HR world at the City of Anaheim where he led classification and compensation projects. At the Orange County Fire Authority, he worked closely with Battalion and Division Chiefs on projects such as classification and compensation, employee relations, and recruitment.

Prior to joining K&A, Joshua served as an Administrative Manager for the County of Orange where he handled employee grievances, conducted investigations, and represented the County on meet and confer items. He served as the President of the Orange County Human Resources Consortium in 2017-2018. Since joining K&A, Joshua partners his classification and compensation experience, marketing skills, and recruitment experience to bring a full-service experience to all clients. He currently manages full-cycle recruitments for California public sector agencies including, cities, counties, and special districts. He provides supervisory oversight for technical, professional, and management recruitments.

Joshua earned his B.S. in Political Science with a concentration in American Politics from the University of California, Los Angeles; his Master’s in Public Administration from Chapman University (Brandman); and a Master’s Certificate in Human Resources with emphasis in Labor Relations from Cornell University.

Current & Previous Recruitments: City of Seaside – Associate Engineer, Senior Engineer; City of Fairfield – Fire Inspector I/II; Valley Water District – Environmental Planner/Regulatory Specialist, Senior Engineering Technician, Sr. Information Systems Technician; County of Sonoma – Real Estate Manager; Alameda County Water District – Director of Engineering; Dublin San Ramon – Waste Water Treatment Superintendent, Electrician II; City of Long Beach – Jail Administrator, Medical Director, Occupational Health Services Manager; Port of Oakland – Maintenance Manager; City of Gilroy – Fleet Superintendent; Big Bear Lake – Senior Accountant; City of Richmond – Budget Administrator, Accounting Manager; Monterey One Water – SCADA Analyst; City of Richmond – Deputy Director of Community Services: Employment and Training.
#15..
- 632 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
7 PROJECT APPROACH/METHODOLOGY
Our philosophy ensures thorough, thoughtful, and strategic sourcing, evaluation, selection, and vetting of candidates. We reach out directly to potential candidates, referral sources, professional associations, and user groups, etc. by using business media, outreach emails, general advertising, and most importantly picking up the phone and actively calling passive applicants. This strategy also includes focused advertising on websites and in publications specific to women and minority candidates.

K&A will provide weekly progress reports to the City and participate in conference calls and onsite meetings as requested.

We are responsible for ensuring compliance, adhering to, and maintaining all legally mandated documentation throughout the process.

Step 1: Ideal
Candidate Profile
Step 2: Five
Week Window of
Application and
Sourcing
Step 3:

Recommendation
of Candidates
Step 4: Interview
Facilitation
Step 5:

Background,
References, and
Offer
#15..
- 633 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
8 Step 1: Ideal Candidate Profile
Developing the profile for the ideal job candidate for the position is crucial for a successful search process.

We will coordinate with the City in identifying and developing:
 The various organizational needs, vision, mission, goals, strengths, challenges, opportunities, and culture of the organization;
 Position competency requirements, i.e., knowledge, skills, and abilities;  Personal and professional attributes required of and priorities for the new incumbent;  Type of working relationship senior leadership desire with the new incumbent;  Advertising strategies in conjunction with a national and/or regional outreach campaign;  Compensation levels; and
 Schedule of deliverables from K&A.

After meeting(s) with the City, there will be a consensus of the key qualifications and characteristics of the position and the process, action plan, and timetable to be utilized for the recruitment process.

Brochure Design & Posting
Following the development of the candidate profile, an eye-catching recruitment brochure will be professionally produced in coordination with the City’s feedback. The brochure will highlight the strengths of the City of Modesto and the surrounding community. The brochure will feature the organizational structure and services of the City, its mission and goals, pertinent facts regarding the position, and necessary and desirable candidate qualifications.

Step 2: Five Week Window of Application & Sourcing
K&A can, at the request of the City, facilitate community surveys or community outreach forums to encourage feedback from residents. A report of resident comments will be provided to the City prior to first-round interviews.

Our effort will include a variety of activities designed to build the best available candidate pool. Our techniques and methodologies allow us to source from extensive pools of potential candidates and referral sources.

In coordination with the City, K&A will:
 Identify prospects;
 Provide each potential candidate with access to the recruitment brochure;  Capture interested candidates in our recruitment project database; and  Provide representative data to the City, including candidate documents, interview notes, and an outline of the recruitment process.
#15..
- 634 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
9 Step 3: Recommendation of Candidates
K&A will provide the City with a report of the leading candidates to further narrow the pool to the most highly qualified and establish the best organizational fit of each potential finalist. This screening process is specifically designed to assess the personal and professional attributes the City has identified and will focus on each candidate’s ability, technical competency, and fit with the City’s values, culture, and needs. Our assessment will consist of:
 Experience and qualifications;
 Cultural fit based on our understanding of essential intangibles;  Clarity of any issues identified in the submitted documents;  Reasons for position interest,
 The level of commitment to the position and the organization; and  Other issues, including salary requirements.

Step 4: Interview Facilitation
We will advise and develop interviewing strategies and a menu of questions that will help analyze candidates’ qualifications and management/work styles. We will facilitate all necessary communications with the City and candidates to ensure everyone is well prepared.

Interview questions will elicit information about each candidate’s technical skill set, experience, leadership skills, adaptability, political astuteness, self-awareness, and other important aspects of the ideal candidate profile.

Questions, evaluation tools, and additional materials will be assembled in intuitive and user-friendly interview packets. We will use evaluation criteria agreed to by the City.

The Project Manager will coordinate interviews, interview schedules, and finalize the process. We will provide oversight during the panel interview process and facilitate a focused discussion with the City at the beginning and conclusion of the interviews to identify the most qualified candidate(s) for final interviews.

Step 5: Background, References, and Offer
K&A provides a thorough and quality reference and background check process for our clients. We start by calling candidates’ employment and professional references and having an in-depth discussion, covering their strongest business characteristics, work style, interpersonal skills, and position-specific knowledge. All references will be documented and presented in a concise, user-friendly manner.

Background checks are conducted in coordination with a third-party firm to verify educational degrees and employment records and confirm clear driving records, criminal records, and financial history/credit. Reports can be tailored to clients’ needs upon request. Safety for clients and their communities is our priority, so rest assured that we, as well as our background contract firm, meet or exceed relevant reporting requirements.

K&A can facilitate and lead the negotiations of the final terms and conditions of employment, such as the compensation package, benefits, and other perquisites (perks). We will notify all candidates not selected as finalists for the position.
#15..
- 635 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
10 Project Schedule
The following is a typical schedule for conducting recruitment efforts. Search efforts for executive recruitments generally take twelve to fourteen (12-14) weeks to complete, allowing enough time for all steps of the process and client schedules.

Weeks 2 4 6 8 10 12 14
Step 1
Step 2
Step 3
Step 4
Step 5
Recruiting Process During Covid-19 Crisis
We will work to counterbalance market forces and build a pipeline of potential candidates through strong marketing and branding efforts, including videos, job postings, and a social media campaign. Our ongoing communication with candidates helps with reputation and keeps them engaged; so, when there is an opportunity that matches their background, we reduce the time-to-hire. As always, communication is key. Candidates who experience a warm, communicative recruitment experience are more likely to maintain their interest and are more likely to feel welcomed into the organization. The recruitment experience is the first impression your employee receives and is a crucial factor in employee engagement and tenure.

We have embraced the virtual interview. The push into virtual technologies due to the pandemic was generally new for many public agencies. Our crystal ball tells us that virtual interviewing is not going away regardless of how the public sector world evolves going forward beyond the pandemic. Although virtual interviewing may have become necessary during this crisis, it is not a temporary strategy that should fall to the wayside; how we communicate in virtual interviews is essential and will continue to be as we move forward.

To conduct an effective virtual interview, simple steps can be taken to ensure a predictable and high-quality process.

We will be clear on exactly how the interview process will go and what candidates should expect. We are savvy at navigating the technology and can help with technical challenges on the fly. Coaching panel members to maintain a professional demeanor during virtual interviews and eliminate smartphone or other competing screen distractions, just as you would in person, can also help the process.

K&A Organizational Diversity Statement
This statement reaffirms our commitment to affirmative action and providing equal employment opportunities to all employees and applicants for employment in accordance with equal opportunity and affirmative action laws.

We affirm our personal and official support of these policies, which provide that K&A is committed to implementing the affirmative action policies, programs, and procedures included in this plan to ensure that employment practices are free from discrimination. Employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. We will provide reasonable accommodation to applicants and employees with disabilities. #15..
- 636 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
11 REFERENCES
We are proud of our past recruitment work with clients to successfully place candidates to meet their organization’s needs.

Recruitment & Agency Contact
Oxnard, City of
Public Works Director, Asst. Public Works Director (2), Chief Financial Officer, Purchasing Manager, Controller,
Communications & Marketing Manager, Assistant City Attorney, Civil/Traffic Engineers
Lisa Baker
Assistant Director, Human Resources
805.385.7596
[email protected]
4300 W. Third Street
Oxnard, CA 93030
San Bernardino, City of
Director of Community & Economic Development,
Chief of Police, Director of Human Resources,
Director of Animal Services, Finance Director
Edelia Eveland
Assistant City Manager
909.384.5262
[email protected]
290 North ‘D’ Street
San Bernardino, CA 92401
Berkeley, City of
Director of Information Technology, Director of Health, Housing, and Community Services, Director of Public Works, Deputy City Attorney(s), Manager of Engineering, Operations Manager(s) LaTanya Bellow, Deputy City Manager
Liam Garland, Public Works Director
510.815.1767
[email protected]
510.981.6303
[email protected]
2180 Milvia St
Berkeley, CA 94704
Palm Springs, City of
Fire Chief, City Manager
Stephanie George
Director of Human Resources
760.323.8217
[email protected]
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
#15..
- 637 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
12 PRICING PROPOSAL
Note: Expenses do not include candidate travel.

Optional: Recruitment Video
In addition to the standard recruitment brochure, K&A can develop a Recruitment Video to better highlight the positive elements of the organization and community. These videos have proven to attract more job seekers and effectively expand the talent pool. Videos run approximately three-minutes in length and highlight the workplace environment, local landscape, and include interviews with selected staff. This video is optional and costs $3,500.

Placement Guarantee
K&A is committed to recommending only the most qualified candidates who meet all the necessary requirements and qualifications and are also a cultural fit for the City. We proactively recruit for each search effort until a successful candidate is placed.

Therefore, we promise to present to the City a selective pool of candidates that met or exceeded our standards during the thorough screening processes and have been identified as ideal matches for the position. Should the City disapprove of all final candidates or should none pass the final interview and reference check process, we will work to find a new slate of candidates at no added cost, with the possible exception of necessary advertising.

In addition, for full recruitments for executive and mid-management positions, should the incumbent leave the position or be terminated from employment within 12 months of hire due to performance issues, we commit to conducting a one-time additional executive search to identify a replacement and only charge related expenses as described in the Pricing Proposal.

Overall, K&A’s retention rate during the first 12 months of hire is robust and has been above 95% over the last 37 years.

Project
• Executive Recruitment Services
Professional Fee and Expenses
• Total not-to-exceed professional fee of $25,000 per recruitment, which includes all professional services and expenses, including brochure development and design, advertising, printing and shipping, associated consultant travel if required, and background. • Invoices will be billed monthly in four equal increments of $6,250 per recruitment. #15..
- 638 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
13 OTHER: PROFESSIONAL SERVICES AGREEMENT ACKNOWLEDGEMENT We will be pleased to sign the City’s professional services agreement for recruitment services, however we respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

INSURANCE ACKNOWLEDGEMENT
Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
 Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence;  Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place;  Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage;  Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate;
 Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate;  Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
 Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
 All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request.
#15..
- 639 -

RECRUITMENT SERVICES FOR CITY OF MODESTO
14 SIGNATURE PAGE
We thank you for your consideration of our proposal. We are committed to providing high-quality service and investing in a long-term partnership.

This proposal is valid for ninety (90) days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California
Frank Rojas Date: April 28, 2023
Recruitment Manager
#15..
- 640 -

STANISLAUS ANIMAL SERVICES AGENCY
Director of
Animal Services
#15..
- 641 -

STANISLAUS COUNTY
Stanislaus County is located in Central California within 90 minutes of the San Francisco Bay Area, the Silicon
Valley, Sacramento, the Sierra Nevada Mountains and
California’s Central Coast. With an estimated 550,000
people calling this area home, the community reflects a region rich in diversity with a strong sense of community.

Two of California’s major north-south transportation routes (Interstate 5 and Highway 99) intersect the area and the County has quickly become one of the dominant logistics center locations on the west coast. The County is home to a vibrant arts community with the world-class Gallo Center for the Arts, a symphony orchestra, and abundant visual and performing arts. Stanislaus County is a global center for agribusiness, positioned by its mild Mediterranean
climate, rich soils and progressive farming practices.

The area is recognized internationally for agricultural innovation with wine, almonds, poultry, milk, cattle, and walnuts being some of the featured industries. The County is also home to California State University Stanislaus, Modesto Junior College and benefits from satellite
locations of other high-quality educational institutions. The County was established in 1854 and has a total land area of 1,515 square miles. Temperatures range from an average
low of 43 degrees in the winter, to an average high of 92 degrees in the summer. Temperatures move up into the
high 90s during the summer months with low humidity and cool evening breezes from the San Joaquin Delta.

To learn more about the County, click here:
https://www.stancounty.com/living-visiting/

THE AGENCY
Based in Modesto, CA, the Stanislaus Animal Services
Agency is a Joint Powers Authority established in 2009
and is made up of the cities of Modesto, Ceres, Patterson, Waterford, Hughson, and the unincorporated areas of
Stanislaus County.

The nearly 34,000 sq. ft. shelter opened in 2010 to house hundreds of pets each day. The Animal Services team
provides public safety and protects the health and welfare of animals in our community through a wide variety of
programs and services related to adoptions, spay and
neuter, vaccination clinics, dog licensing and regulatory compliance. The team works closely with foster families, rescue partners, and volunteers for positive outcomes.

There are 35 well-trained staff, and an annual budget of just over $5 million.

What We Do:
➤ We prevent and investigate the inhumane treatment of
animals.
➤ We educate and inform the public in the areas of
animal codes, animal ordinances, and responsible pet
ownership.
➤ We respond to emergency and routine service requests
from the public and law enforcement.
➤ We impound (domestic and wild) stray animals.
➤ We provide aid and services to help the public locate their lost animals.
➤ We implement, maintain, and encourage an adoption
program for impounded animals.
➤ We provide, with veterinary supervision and/or
assistance, medical attention for impounded animals.

To learn more about the Stanislaus Animal Services
Agency, please visit: www.stanislausanimalservices.com

THE POSITION
Reporting to the Stanislaus Animal Services Agency Board, the Director of Animal Services plans, organizes, and
directs the programs responsible for the care, control, and licensing of impounded animals. This Director oversees the operation of a comprehensive program that emphasizes
public education of animal welfare, rabies control and
licensing enforcement. This individual administers, directs, and coordinates the activities of the agency and carries out the goals and objectives of the Board, providing a safe animal services community.

Responsibilities include but may not be limited to the
following:
➤ Provide day-to-day leadership for department
employees through communication and demonstration
of the organization’s Vision, Mission and Values.
➤ Assess the animal care service needs of the community and report to the Board on the department’s role and
activities in fulfilling these needs.
#15..
- 642 -
➤ Develop, recommend, and implement operating
policies and procedures for the effective management
of the Center.
➤ Prepare and monitor the annual budget including
expenditure control and revenue collection processes.
➤ Oversee processes for recruitment, hiring, selection, evaluation, and discipline of employees.
➤ Set and maintain standards for customer service
including complaint resolution.
➤ Establish and maintain cooperative relations with
Federal, State, and local agencies and private groups
concerned or involved with animal related issues.
➤ Represent the department at various business or public gatherings and effectively advocate for Animal Services. ➤ Speak before groups as required to educate the public regarding the animal service function.
➤ Develop and implement technology programs to
improve the departments automation needs.
➤ Draft, negotiate and administer animal control contracts with City Managers and legislative bodies.

THE IDEAL CANDIDATE
The ideal candidate will be a dynamic and insightful
service-oriented leader with strong supervisory and
budgetary abilities and have a solid understanding
of current animal service principles and practices.

Excellent interpersonal skills are necessary to promote a team-oriented working environment and a culture of
accountability, responsiveness, and trust. The successful candidate will be a self-motivated, hands-on contributor who is goal and solutions-oriented, and is capable of
program implementation through collaboration, building
strong partnerships with businesses, associations, and
other key stakeholders.

Demonstrated leadership and a role model with a positive presence who demonstrates initiative, is action-oriented, exercises good judgment, treats others with respect, and is open and approachable.

An active problem solver who anticipates and responds
to problems in a timely manner, develops alternative
solutions, and is able to bring resolution to issues quickly, involving others as needed.

Key Attributes and Characteristics
➤ Strong project and people manager who inspires new
ideas and creativity; leads and demonstrates diplomacy, inclusivity, and a positive attitude.
➤ An excellent communicator projecting high integrity and ethical conduct; who cultivates productive relationships with the governing Board, partnering agencies and
community groups, County and department staff, and
the general public.
➤ An experienced strategist: able to make and stand by
difficult decisions and articulate those to audiences of all levels.
➤ An active problem solver who anticipates and responds to problems in a timely manner, develops alternative
solutions, and is able to bring resolution to issues
quickly, involving others as needed.
➤ An outstanding manager of people who provides
guidance and professional support to staff, offers
regular feedback to employees, and serves as a mentor
in providing training and development opportunities.
➤ A leader who can stay focused on the goals and mission of the organization, has high emotional intelligence,
thick skin, and a sense of humor.

QUALIFICATIONS
➤ Possess a Bachelor’s degree in Business or Public
Administration, Animal Science, or a closely related
field.
➤ Possess at least five (5) years experience which includes management and supervisory experience in an animal
care setting.
➤ A background working in the public sector is highly
desirable.
#15..
- 643 -

SALARY AND BENEFITS
The starting salary range of $106,995.20 - $160,492.90
depending on qualifications and experience.

In addition to a competitive salary, the Agency offers an excellent benefits package that includes:
➤ Retirement – The Stanislaus County Employees’
Retirement Association (StanCERA) is a public
employees retirement system operating under
the County Employees Retirement Law of 1937,
Government Code Section 31450 et. seq. and the
California Public Employees’ Pension Reform Act
(PEPRA).
➤ Medical Insurance – Health Partners of Northern
California (HPNC) or United Healthcare (UHC).
➤ Dental Insurance – Delta Dental.
➤ Vision Insurance – VSP.
➤ Life Insurance – Supplemental Employee and spousal
TERM AD&D Life Insurance and Child Term Life
Insurance.
➤ Vacation Accrual – 4.62 hours biweekly first year. 6.16 hours biweekly beginning 2nd-20th years. 7.70 hours
biweekly beginning 21st years. Prorated if less than 80 hours base.
➤ Sick Leave Accrual – 3.7 hours per pay period. Prorated if less than 80 hours base.
➤ Deferred Compensation – 2.0% of base wages.
➤ Car Allowance – $184.62 per pay period, plus mileage. ➤ Moving Allowance – Recruiter from out-of-County up
to $3,000. Paid by the Department.

For additional benefits information, please visit the
following website: https://www.stancounty.com/
riskmgmt/docs/eb-forms/benefit-summaries.pdf

APPLICATION PROCESS
The final filing date is Friday, January 28, 2022.

To be considered, please submit a resume, cover letter, and five work related references (who will not be contacted in the early stages of the recruitment) to: https://
koffassociates.com/director-of-animal-services/
Resumes should reflect years and months of positions
held, as well as size of past organization(s).

For additional information, please contact:

Frank Rojas
Phone (510) 495-0448
[email protected]
Website: https://koffassociates.com/
Resumes will be screened based on the criteria outlined in this brochure. Candidates with the most relevant
qualifications will be given preliminary interviews by the consultant. Koff & Associates will report the results to the Agency. The Agency will then select candidates to
participate in panel interviews. Extensive reference and background checks will be completed on the selected
candidate.
#15..
- 644 -
City of Modesto, CA 1
A Proposal to Provide
Executive Level Search Services
(As Needed)
City of Modesto, California
April 27, 2023

#15..
- 645 -
City of Modesto, CA 2
April 27. 2023 Cover Letter/Letter of Transmittal
Email: [email protected]
Kelly Rice-Ortiz
Executive Assistant
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Ms. Rice-Ortiz:

As follow-up to your e-mails, we are pleased to submit the following proposal to assist you with potential future searches (as needed) for the City of Modesto.

We fully appreciate the complexity of conducting key executive/managerial recruitments for a wide variety of positions including in City and County government and other public services and believe we are uniquely suited to design and deliver a recruitment strategy that will work well with your organization’s specific needs and goals.

As a retained recruiting firm, we ascribe to ethical standards which focus on professionalism, integrity, competence, objectivity, accuracy, avoidance of conflicts of interest, confidentiality, equal opportunity, and loyalty to the client and candidate.

We specialize in assisting public sector organizations as they seek management talent to help lead such complex public service organizations as the City of Modesto. Our client list (see the Appendices) shares some of our experience in recruiting leadership for the nation’s cities, counties, utilities, regional authorities, and other organizations. Also included as attachments to this proposal are a client list, and bios on key staff.

We appreciate the opportunity to submit this proposal and look forward to discussing our qualifications and approach with you.

It may also be of interest to note that my family and I are former residents and homeowners (years ago) in Modesto and Stanislaus County. We also still have some relatives living in Modesto. In addition to my wife and other family members working in the City and County area, I served in a variety of capacities with Stanislaus County including initially as the County Mental Health/Behavioral Health and Drug & Alcohol Director, and later as the Director of the County Human Services Agency and as a Deputy County Executive Officer. Our firm has also conducted searches in Stanislaus County in the past.
#15..
- 646 -
City of Modesto, CA 3
We appreciate the opportunity to submit this proposal and look forward to discussing our qualifications and approach with you. In the meantime, if you have any questions or require additional information, please feel free to call me. I will also serve as the primary contact person. My direct telephone number and e-mail are listed below.

P.S. If selected as part of the pool of search firms, we would immediately provide confirmation of all Insurance requirements and confirm re-establishment of our local business license for the City.

Cordially,
Bob Neher
Robert L. Neher, Jr.

President
Neher & Associates LLC
Phone: (916) 443-2421
Fax: (916) 443-5949
Cellular: (310) 809-0618
[email protected]
#15..
- 647 -
City of Modesto, CA 4
Qualifications (Executive Summary/History of Firm)
The principals of Neher & Associates are focused on Executive Search and Human Resources Consulting. We have conducted over 350 assignments. Our success can also be measured in the sizeable number of multiple search assignments that we have completed for many Clients.

We have worked in partnership with literally hundreds of clients to help them find their City and County Managers, Assistant City Managers, Legal Counsels, Executive Officers, and key Directors/Managers. We have placed numerous Executives in governmental, not-for-profit and public-sector organizations including States, Counties, Cities, Utilities, Transportation, Association, Foundation, Healthcare, Education, Public Works, and many other industries. We have also worked for a number of private sector companies.

Neher & Associates is well known for our strategic process, partnering methodology with our clients, thorough screening and background checking, ability to tailor our consulting and executive searches to the specific and unique needs of our clients, and to get results. We will work on a search until it is complete regardless of the time and effort required. We will also provide a one-year replacement guarantee. We provide excellent, high-quality services to our public-sector clients at moderate prices and have a strong reputation for controlling costs and coming in, at or under budget on expenses.

Firm Information
Profile of Neher & Associates
• Neher & Associates is a national firm. We operate as a California Limited Liability Company (LLC). Our FEIN is 06-1804574. We primarily serve government and nonprofit organizations and recruit experienced leaders and managers into positions that improve the capabilities of those institutions. Our principal consultants have over 50 years of combined executive search and consulting experience and many more years in direct service and management. • We have offices in California and a satellite office in Florida. We also have support staff in Illinois.
• The address for our corporate office is: 3790 Millerton Place, Suite 100, West Sacramento, CA 95691. The phone number for our California office is (916) 443-2421, and the fax is (916) 443-5949. Our website is: www.executivesearchneher.com and e-mail should be addressed to: [email protected]
• No other firm other than Neher & Associates is currently intended to be party to this proposal or fulfillment of the contract when approved.
• Current Neher & Associates staff is seven. A listing of staff for assignment to assist the City is included under “Project Team.” Eighty-five (85%) of our total staff are women or minority. #15..
- 648 -
City of Modesto, CA 5
• Organizational Chart:

President
Executive Vice President and CFO
Vice President and CEO Vice President and
Value Training Group General Counsel
Senior Research Manager
and Senior Consultant
Consultants
Research, Web Master, Administrative Staff Support
• Although primarily known as a leading executive search firm, Neher & Associates also provides other general and specialty management consulting services, including management audits, organizational development, public safety, strategic planning, assessment centers, leadership development training, performance management, executive coaching, diversity training, and human resources management.
• We specialize in recruiting leadership for cities, counties, state, associations, education, healthcare, regional authorities, utilities, and nonprofit organizations. Our client list (see Appendices) attests to our experience in assisting these organizations large and small to find the talent they need.
• Working with boards, councils, search committees, executives, and human resource offices in such settings, we are accustomed to the complex internal dynamics, networking, and candidate screening and evaluation processes that routinely arise in recruitments of this nature, and to the high level of constituent, political, and media interest they sometimes engender.
• Neher & Associates consultants have built long-term relationships with our Clients. We have conducted multiple searches for many of these Clients.

• As previously noted, we have conducted numerous successful executive search consulting engagements covering a broad range of positions including numerous City/Town/Borough and County Managers, Assistant Managers, Legal Counsels, Finance Directors, HR Directors, Administrators, Executive Officers, Educators, Health and Human Services Directors, Utility Directors, Public Works Directors and Association Executives. A copy of our Client List is attached as Appendix B.
#15..
- 649 -
City of Modesto, CA 6
Primary Contact Person and Project Team
• Our team brings to this project a combination of background and skills vital to the requirements of the City of Modesto. The overall Project Manager will be Robert Neher, assisted by others who will also lend support as needed. Contact information is listed in this proposal. All staff can be reached at: 916-443-2421.
• Our executive search staff are all professionals, each with an extensive management background as key executives in public organizations. The recruiters to be assigned to this work have significant personal experience recruiting a range of executive and administrative leadership for a broad range of clients. We assure that the individuals listed represent our current team assigned to search for the City and that any additional future staff assigned will be submitted to you for prior approval.
• The primary Neher & Associates contacts for the City will be Robert Neher, MA, FACHE President; Lawrence Davenport, MA, EdD, Executive Vice President and CFO, Raymond Massie, JD, Vice President and General Counsel. Our Research Associate staff, will also assist as needed.
• Resume/Bios of the team are included in Appendix A.
• All of the above-mentioned staff may be involved in some phases and tasks of the search as previously outlined. On-sight representation will, however, primarily be the responsibility of Robert Neher. Robert Neher and our research staff will be responsible for advertising.

Research will be coordinated by Robert Neher and Raymond Massie with assistance from our research associates. General Networking and Outreach will be coordinated by Robert Neher and Raymond Massie with support from Lawrence Davenport. Specific Diversity Outreach will be coordinated by Lawrence Davenport and Raymond Massie. Offer negotiations will rest mostly with Robert Neher, and contract development (if needed) with Robert Neher and our Legal Counsel, Raymond Massie.
• We will spend whatever time is necessary to complete all tasks and objectives in the search plan. The project Manager (Robert Neher) will be available by office and cell phone on a seven day per week, 24 hour per day basis. Other staff will be available during regular business hours during the day and by cell phone in the evenings if critical issues need to be discussed.
• We are available to immediately assist with your current needs.

#15..
- 650 -
City of Modesto, CA 7
Expertise

City and County populations of our clients have varied from a few thousand to over 12 million. As previously noted, we have conducted over 350 executive searches primarily in city and county government.

• We have conducted over one hundred (150) executive searches in California. Our President, Robert Neher, also worked for many years in Modesto and Stanislaus County before forming his own firm.
• We have worked on long-term contracts with several Clients. We have also been fortunate to conduct multiple searches for many of our Clients over the years that attest to the quality of the searches and satisfaction of those Clients with our work on their behalf.

Our search process and methodology used with our searches is addressed in detail under “Scope of Services/Work Plan.” References for some of these searches are attached and include a listing of the lead consultant on the search (es).

The attached Representative Client List includes searches completed for multiple clients in numerous states covering nearly every discipline and position in public sector government.

Scope of Services and Methodology
Work Plan – Project Understanding and Approach
Statement of Understanding of Services Required
We have an understanding of the services required. In addition, we have gone to the City of Modesto website, and to other sources for additional information related to the City but will need to have further discussions with the City and your designated representatives to more fully understand the scope of the position(s) and needs of Council and community in order to tailor the searches appropriately to your needs, goals, and objectives.

We have literally worked with about three hundred fifty cities, communities, and departments to assess and determine needs and to develop accurate and inclusive position profiles. Our process including initial meetings is listed below.

Development, maintenance and presentation of applicant pool and potential candidates is also addressed below as well as how and where we may recruit and our process of screening.

As the successful contractor, we will provide you with the quality services and expertise our clients have come to expect. We network and recruit not only from cities/towns and counties, but also look seriously at potential candidates from other public sector, private sector, and sometimes nontraditional sources and organizations who may bring the skills and abilities that may fit your position and organization.
#15..
- 651 -
City of Modesto, CA 8
We also warranty our work. All of our contracts have included that if the person you hire does not work out within a year, we will reopen the search and replace the person for no additional professional fee.

Our Search Services Feature:
• Designing a customized recruitment strategy to match your history and leadership patterns, current issues, and future challenges.
• A calendar that starts immediately upon authorization to proceed, includes regular progress reports, and usually concludes within 90 -120 days or sooner with close cooperation. • An extensive, narrative-written job profile/brochure including your organization’s history and leadership patterns, current issues, and future challenges of the City and the particular position being recruited.
• A recruitment process and approach that includes local, state, and national advertising, but also relies more upon aggressive networking and outreach rather than passive advertising. • A large pool of applicants who meet the minimum qualifications and a targeted, diverse pool of qualified, proven candidates for interview.
• Candidate general pools have ranged from around 35 to over 300. Leading candidates are, however, usually narrowed to between 10-15 candidates and 4-6 candidates is the average number of finalists invited to interview with most of our clients. We will, of course, work with the City regarding the number of screened candidates that you prefer for final interviews. • Comprehensive screening, interviewing, reference, and background checking. • Ongoing quality review of project deliverables, time and service benchmarks, weekly status reports, candidate reports, and coordination/communication between Neher & Associates and the City’s designated contacts.
• Personal guidance and assistance to the designated management, human resources, and other staff that assists in the development of search strategy, facilitates interviews, interview process, candidate travel, evaluation of candidates, decision-making, relocation, trend analysis, negotiations, and employment agreement assistance with the candidate(s) selected.

Task Summary – General Approach:

We have a straightforward, structured search process. We adapt it to your requirements, and then ask you to join us as partners in its implementation. Please see “Project Team and Resumes” for our firm’s work team assignments. At each stage, we provide written materials, training, and explanations as needed. Although we follow a clear strategic work plan and closely monitor agreed upon tasks and goals, we also believe that, in the long term, results are most important. #15..
- 652 -
City of Modesto, CA 9
The following Tasks and Outcomes address the general approach and services provided:
• Scope of Services.

The scope of services will consist of recruitment/market strategy, research, recruitment including advertisements, mailings, networking, cold calling, and development of a position profile/brochure; candidate contacts/evaluation, screening, including review and the development of a written Progress and Final Report of leading candidates and finalists; developing and maintaining an applicant pool and leading candidate pool for review; performing reference and background checks; regular verbal and written status reports; assisting in the interview process, candidate negotiation, and holding periodic meetings with the designated City Management and staff.
• Key Meetings.

We will also meet and/or conference (as appropriate) with the Council, City Manager, Search Committee, HR, designated staff, community/public representatives, and other key stakeholders at the beginning of the contract to identify major issues the future hires will face; determine the critical qualifications for the position as identified by you; discus search strategy; review compensation and benefits; establish specific timelines; and collect information to develop the search criteria and develop a search profile. We would also anticipate at least two later meetings/conferences to discuss/review the written Progress Report (Leading Candidates) and participate in final interviews (Final Report).

In addition, we will key our weekly status reports to accommodate your needs/ meeting schedule.
• Initial Candidate Screening.

We sort candidates based on the criteria established, profile, comments from peers and colleagues, training & education, resume/bio review, communication ability and experience, accomplishments, references, background checks, telephone and personal meetings, review of appropriate writing and work samples, the degree of their expressed interest/commitment to consider the specific position, and many other methodologies. The written Progress Report and Progress Meeting that is provided to you is also key to assuring that we are on track and to narrow the field from leading candidates to finalists for interview and reduce (with your input) to a list of screened finalists.
• Interview Process.

In addition to our telephone interview/screening/assessment of candidates, we often conduct face-to-face or video conferences with potential finalists. We will assist with the interview process including question development, evaluation tools, coordination (as appropriate) and scheduling with the Council, City Manager, Search Committee, HR, Staff, Advisory Panels, etc. and provide negotiation support.
• Recruitment Brochure.

Qualifications and criteria for the position will be developed from review of existing job descriptions, review of budget, strategic planning, other relevant City documents, chamber of commerce, news media and many other sources, as well as discussions with the Council, City #15..
- 653 -
City of Modesto, CA 10
Manager, Search Committee, Human Resources, key Department Heads, Stakeholders, and others as designated by the City.
• Advertising & Networking.

Appropriate advertising will be used. This includes hard-copy publications and electronic media and other professional organizations and publications specific to the position as well as numerous other national and regional professional associations, specialty groups, our website, local media, etc.

Please note, however, that although we will place ads, in our experience, the best candidates often come from networking rather than advertisement. We therefore focus a great deal of time on the networking and personal contacts with potential candidates, referral sources, professional associations, diversity organizations and others as appropriate. • Candidate Screening.

Together with the designated staff/contacts, we will reduce the pool of candidates to a list of usually no more than 15 semi-finalists and from there usually to approximately five or six (5- 6) final candidates for interview. If you desire a larger or smaller pool we will do so. We understand that you may want to interview more or less candidates and will provide candidates in consultation with you. Summary information is also usually provided on the leading candidates to include – background, achievements & strengths, etc. We also conduct initial reference, education and media checks on the top candidates invited for interviews. A complete background and reference check will be conducted on the final candidate(s). • Reference & Background Screening.

Applicant information is verified via discussion with the applicant, peers, colleagues, subordinates, bosses, etc. We also do a news media check including such electronic sources as Zoom Info, Google, Yahoo, and many others. In addition, we review reports, documents, and writing samples. Additional background screening includes detailed reference checks (with candidates’ bosses, colleagues, staff reports, etc.) Education, licenses, and certifications are verified with the educational and licensing institutions/organizations. Employment is verified.

Telephone, video conference and/or face-to-face meetings/interviews, and other means including occasional psychological testing and assessment centers are also used in the screening. A full background check including DMV, Criminal (felony and misdemeanor), Credit and other background checks are also completed.

Candidates are screened in most, if not all, of the above before interviews with you.

The final background check (DMV, Criminal and Credit) is usually done on the final candidate as a condition of offer.
• Selection Process.

Selection is made using all of the above plus an interview(s) between the candidate(s) and you. We also involve the candidate’s family and significant others in the process as appropriate. During the interview and screening process, we will consult and assist you with screening including rating and other tools and training support if needed as well as with process, scheduling, and logistics.
#15..
- 654 -
City of Modesto, CA 11
• Offer Negotiations.

We work closely with the final candidate(s) and the Council, City Manager, Department Heads, and Human Resources to help negotiate an offer, acceptance, employment agreement/contract, starting date, etc. This often includes assistance drafting offer letters, compensation/benefit research, contract/agreement review, discussion with legal counsel when appropriate, and individual negotiation. We make it a point to be available to help both the final candidate and you to reach an amiable conclusion that ends with confidence and enthusiasm on both sides.
• The City of Modesto Appointing Authority.

We have worked with hundreds of public sector and quasi private sector clients including cities, counties, states, the federal government, and numerous utility, transportation, educational institutions, and other public service organizations. As such we have also worked with the Boards, Councils, Advisory Boards, Stakeholder Groups, and Committees, Selection Committees, Public & Citizen’s groups, State, Local and Federally legislated and mandated advisory boards, commissions, as well as elected local, state, and national representatives.

The City Council, City Manager, Department Heads, Human Resources, other Executives (and their delegates) are critical to the search process from assistance in providing initial information regarding goals and objectives of the City, criteria relevant to the duties and responsibilities of the position being recruited including input and approval of the overall recruitment process and recruitment profile/challenge statement/ brochure, interview and selection of the final candidate, approval of the final employment agreement, etc. Our role is to assist in the process and to consult with and help you to make a well-informed decision. We believe the final choice is yours to make.

We will help you make a well-informed choice by framing what we have together learned about the candidates in the context of the job and specific requirements. Our role is to help make that decision easier.
• Search Closure/Signoffs.

At the end of the search, all applicants will be appropriately notified of the result in a professional manner that reflects well on the City. We also follow-up with the placement and the City usually at 30-60 days, six months, and twelve months or longer from the time of hire for feedback and consultation if needed.

Schedule-Timetable and General Term of Contract
We generally hold the first meeting/discussion with you within a few days of contract signing and search assignment. Typically, we will deliver a written Profile/Recruiting Brochure within approximately two weeks of the start of a search, and in addition to regular weekly verbal/written reports, will also produce a written Progress Report that includes information on the leading candidates at about the 7th week. A written Report on finalists will be provided prior to candidate interviews at your offices. This would include reference and other related checks such as education and licenses/certifications and is typically delivered approximately 3 weeks following feedback from #15..
- 655 -
City of Modesto, CA 12
you on the Progress Report. A detailed background check including criminal, department of motor vehicles, credit, etc. will be conducted on the finalist unless you choose to conduct your own.

We would be happy to provide you with a copy of a typical schedule flow chart including benchmarks if this would be useful.

Time frames can also be shortened with close mutual cooperation. For example, we completed the search for one of our Clients in about 60 days due to the urgency of the position.

References
References are attached in Appendix C. of this proposal.

Additional references are available upon request.

Cost/Pricing information
Neher & Associates is a retained firm and as such we charge our clients on either a negotiated fixed fee or negotiated percentage of the base salary of the placement. We do not provide contingency recruiting services.

We are proposing the professional fees for any search as a flat fixed fee. Direct expenses are also charged and are being estimated separately from the professional fee. These expenses are capped with a not to exceed limit of $4,500 for the first executive search. Additional searches for the City of Modesto could receive a significant discount with expenses.

Direct expenses generally include such items as advertising, research, communication costs, printing, administrative support services, and travel for our project team members to meet with you and interview candidates, etc. consistent with your standards and approval process. We would be happy to provide any additional details you may require. In the meantime, advertising usually runs between $1,000 to $1,800; brochure costs average at about $600 - $1,000 depending upon use of printed or strictly electronic brochure copy which could reduce the cost to under $-500. Travel & per diem for our staff relates primarily to our meetings with you and other designated stakeholders including the initial scope of service meeting/interviews, Progress Report and Final Interviews with candidates as well as some cost for travel in screening candidates. Any meal costs would be based on the policies of the City of Modesto. Mileage would also be charged at the City’s normal staff reimbursement rate.

Some mileage and/or flight costs may be incurred depending on leading candidate screening done in person or by video conference. Given that our main office is not that far from the City, we would anticipate general expenses to be low.

We also do not, like some firms, believe that once the expenses cap is set that we have a right to bill out 100% of the figure set. We will invoice only for actual expenses and will provide documentation.

Unlike most firms, it is not uncommon for us to leave some expense savings on the table at the end of the search that can be returned to your budget. As an example, we saved over 25% of original projected expenses for one recent client and almost 30% for another.

Please note that we generally check at least five (5) to eight (8) telephone references on finalists #15..
- 656 -
City of Modesto, CA 13
including immediate superiors, colleagues, staff reporting to the candidates, and significant others who can provide other specific information warranted or suggested such as contacts in Finance, HR, Development, IS/IT, Public Safety, Community, etc. (we completed 12 references for a search for the State of Oklahoma). We also complete a thorough background check (education, certification/licenses, DMV, criminal, and media) on the finalist.

Given current budget /financial considerations for most public agencies today, and close proximity/location to our office in West Sacramento, the professional fee for the first search for the City of Modesto is proposed at a fee of $15,000. Additional searches would receive a further discount based on number and type/level of positions.

As an accommodation to the City, the professional fee may be payable in three installments with the first installment due at the beginning of the search, the second in 30 days, and the final when a final pool of candidates is selected. We can also arrange to invoice on the basis of specific tasks as we have done with a number of recent clients.

We will bill you monthly at cost for direct expenses (as noted above) necessary to successfully complete the search. These costs will be advanced by Neher & Associates. We would appreciate reimbursement by the City upon the presentation of receipts and an itemized statement. Direct expenses are capped as noted above.

Reimbursement of candidates’ interview expenses with you will be your responsibility, and we will arrange to have these expenses submitted to you for direct payment. We have, however, incorporated candidate expense in some contracts and would be willing to discuss this.

We will begin work when a signed Contract or Engagement Letter is returned to us. Unless there are special circumstances, we ask that if possible, payment would be due within 30 days of the statement date. Retainers paid to Neher & Associates are non-refundable.

We will at all times provide services that are ethical and responsible in support of the interests and goals of the City of Modesto.

In the event it becomes impossible or unnecessary for Neher & Associates to complete a search, due to supervening circumstances beyond the control of either party or at your choosing, Neher & Associates would be discharged from this Agreement and the City will owe us nothing beyond the retainer installments accrued since the start of the contract and any as-yet-unreimbursed expenses incurred.

If you would like to discuss or be billed on individual tasks, in general the services and tasks would divide as follows:
20% - Scope of Services and initial meetings/discussion 15% - Initial research and position profile/brochure
5% - Ad placement
20% - Candidate research, recruiting and networking
20% - Candidate screening and reporting
20% - Background checks, Final Report, Client Interviews, and negotiations #15..
- 657 -
City of Modesto, CA 14
0% - Follow-up with Client and Candidate after placement

APPROACH AND ADDITIONAL INFORMATION
Most of the approach has already been addressed in comments above under “Scope of Service/Work Plan” and the various subsections including “Scope of Services”, “Key Meetings”, “Interview Process”, “Appointing Authority”, etc.

We will seek out (following initial discussion/meetings with designated City representatives) input from the community and key stakeholders throughout the search. This will help to develop strategy, position specifications, recruitment brochure, outreach, networking etc and later as we develop screening/selection tools and interview process.

We will meet and/or talk with representatives of the City Council, City Manager, Department Heads, and any Peer, Internal and Citizen Advisory Panels in cooperation and with guidance from the City and will work with the Council, City Manager, Human Resources Director, Selection/Search Committee and Advisory Groups in the development, structure, and logistics of any planned screening and interview processes agreed upon as part of the initial and on-going recruitment process and strategies. This may include meetings, conference calls, e-mails, draft material review/input etc. as appropriate to the agreed upon process.

We, of course, will also be coordinating and facilitating the process with the final candidates, significant others etc. including travel, hotel, and other accommodations, as well as offer and contract negotiations with the final candidate. Timelines and specific deliverables would be established at the start of the search as well as reviewed and monitored throughout the search.

SAMPLE MATERIALS
Recruiting materials including announcements, ad copy/placements, networking and invitation letters, research listings and e-mail contact lists, position profile, recruitment brochure, supplemental candidate questionnaires, evaluation/screening sheets, resume summary materials(minis), evaluation/reference reports etc are usual in our searches and are developed to fit the specific client and position. We consider some of these materials to be proprietary but will be happy to share some of the formats etc. them in advance if we are selected.

The recruitment brochure almost always includes: a description of the Organization and Community; an overview of the position with duties and responsibilities, Issues, Challenges and Opportunities, Qualifications including education and experience, candidate expertise, management style and personal traits, Compensation, and the Application Process. The brochure also includes pictures of the Organization and Communities, the City Logo etc.

We also conduct media checks on candidates as well as education, license and certification checks on leading candidates/finalists, being invited for interview. As previously mentioned, we also arrange for a full and complete background check on the finalist(s) and have specific forms for education, certifying and licensing bodies, candidate signed release forms/authorization forms etc.

In addition, we provide weekly electronic/e-mail and written status reports on the search, a “Progress #15..
- 658 -
City of Modesto, CA 15
Report” with information on Leading Candidates, and a “Final Report” for use at the interview with Finalists that includes, resumes, summary materials, supplemental materials/information, interview questions, interview rating forms, interview process/legal information, etc.

GUARANTEES
Service Guarantee & Expectations
We guarantee you that we will identify and recruit highly qualified candidates for the City positions assigned regardless of the time and effort required, and that we will complete the search(es) to your satisfaction. We ask in return that you commit to respond to our inquiries and candidates in a timely manner, to pay our bills promptly, and to provide honest guidance to us in the course of the search on both criteria and candidates.

If you hire a candidate whom we have found and recommended, and if within eighteen months from the date of hire you choose to terminate that person for any reason except disability or the person leaves for any reason except death, disability, military, or a national emergency, we will reopen this search and replace the person for no additional professional fee. The only charge to you would be for direct expenses as outlined above. We offer this warranty provided that you request such a process within 30 calendar days of the hire’s termination or resignation.

FINAL COMMENT
We will work with the City and your designees as partners in the search. The search process will be tailored to your specific needs. We will also give due consideration to requirements and special features identified by the Council, City Manager, Department Heads, Human Resources Director and Search Committee. We do not treat all searches the same and we do not recycle candidates but rather search specific to your organization, community criteria and needs. We work heavily with networking and personal calls and see advertising as an adjunct.

We are also highly computerized and use electronic correspondence and recruiting mechanisms to a high degree. Although some mailings etc may be done, we have found that information given directly to potential candidates and networking contacts in their direct e-mail is more efficient and gets longer term positive results.

We will start the searches immediately upon approval and will work with you to accommodate an aggressive search schedule aimed at having your new positions filled and the selected candidate(s) on board as early as possible.
#15..
- 659 -
City of Modesto, CA 16

APPENDICES
Appendix A. Project/Search Team
Appendix B. Representative Client List
Appendix C. References
Appendix D. Neher & Associates Brochure/Announcement
and Sample Client Executive Search Brochures

#15..
- 660 -
City of Modesto, CA
APPENDIX A. PROJECT/SEARCH TEAM
Robert Neher is President of Neher & Associates. He has over 30 years of executive management and consulting experience and has conducted and managed numerous regional and national recruitments for public and private sector clients. Previous Executive Recruitment experience includes having served as Executive Vice President of Bennett Yarger Associates, Executive Vice President of Intech Summit Group, Inc., as a Vice President of Norman Roberts & Associates, Inc., and as a Managing and Regional Director with MAXIMUS. Additional experience includes having served as Executive Director, National Consulting for Joint Commission World-Wide Consulting; and Vice President and Chief Executive Officer of Vista Management Services. Mr. Neher has also served as Executive Director of a Hospital Association representing multiple hospitals, as a County Human Services Agency Director and as a Deputy County Administrative Officer.

His public sector clients have included numerous city, county governments, state government, utilities, education, and not-for-profit agencies and organizations, where he has recruited numerous City & County Managers, Deputy Managers, Finance Officers, Public Works Directors, Legal, Human Resources, Human Services and other high-level executives including in education, healthcare, information systems, utilities, transportation, and other industries.

He received his Bachelor of Science degree from San Diego State University and a Master’s degree in Urban Studies and Public Administration from Occidental College. He was also an Economic Development Intern with the US Department of Commerce and a Fellow in Public Affairs with the prestigious CORO Foundation. He is a current and past Board member, officer, fellow, diplomate, and general member of numerous professional and community organizations including the ICMA and GFOA and is the recipient of many awards and honors for his teaching, business, and public service. Mr. Neher has authored articles and spoken before statewide, regional, and national organizations on the subjects of operational management, managed care, integrated systems delivery, strategic planning, marketing, quality assessment and performance improvement, human resources management, diversity training, and executive recruitment and retention.

Mr. Neher will serve as the overall Project Manager and will be available for on-sight meetings. ***
Raymond Massie is a Vice President and General Counsel with Neher & Associates. He has over 25 years of experience in management, law, and education.

Previous positions include Assistant Professor of Business Law at Stockton State College in New Jersey, Director, Office of Minority Economic Impact for the U.S Department of Energy, Senior Labor Counsel and Senior Counsel for the Motorola Law Department, Illinois, Senior Counsel for Sears, Roebuck and Company, Illinois, Adjunct Professor for Copyrights at the John Marshall Law School in Chicago, Director of Tactical Analysis in the Office of the President at Florida Atlantic University, and Associate Vice President of Business Affairs and General Counsel at Saint Leo University, Florida, and General Counsel at K2 Financial, LLC in Delaware.

Dr. Massie has a Jurist Doctorate from the John Marshall Law School in Chicago, and bar #15..
- 661 -
City of Modesto, CA
memberships in New Jersey, Pennsylvania, and Washington, D.C. He is also an Authorized House Counsel in Delaware and Florida.

He will serve as a Co- Project Manager on the search(es).

Lawrence Davenport is Executive Vice President and CFO of Neher & Associates. He has over 30 years of top-level executive management and consulting experience in education, public and private sector business, and government organizations
His experience includes serving as Senior Vice President of Bennett Yarger Associates, Executive Vice President for University Advancement/Executive Director for FAU Foundation and Chief Operating Officer for Florida Atlantic University, Chief Executive Officer for Hale House Center, Inc in New York, Senior Vice President- Mid-Atlantic Region, AntinNeher Associates, CA, Vice President of Finance and Operations and Chief Financial Officer for Milton Hershey School, PA, Provost for the San Diego Community College District, CA, Vice President for Development, Tuskegee Institute, AL and Assistant Dean, the University of Michigan-Flint, MI.

Chief Financial Officer for Seattle Public School, WA, Associate Vice Chancellor for University Advancement and Planning at the University of California, San Francisco.

He has also served by Presidential appointment as Assistant Secretary for Management and Administration for the United States Department of Energy, DC, Assistant Secretary for Elementary and Secondary Education, United States Department of Education, DC, and Associate Director of ACTION, DC. In addition, he served as the Deputy Administrative Officer for the U.S. House of Representatives.

Dr. Davenport received a Bachelor of Arts and Master of Arts Degree from Michigan State University, an additional Master of Arts from Leicester University, England, and a Doctorate of Education from Fairleigh Dickinson University, NJ. He also has completed additional training in management and finance at Stanford University, CA and Harvard University among others. He has written several articles and is co-author of the book Career and Minorities. He has served on numerous advisory councils and commissions, including Presidential appointments as Chairman of the National Advisory Council of Vocational Education and Vice Chairman of the National Council on Equality of Educational Opportunity. In addition, he has served as a member of the Editorial Board for Financial Executive Institute, and a Member of the Board of Trustees for Financial Executives Research Foundation. Dr. Davenport has also received numerous honors and awards including profiles in Financial Executive Magazine, and appears in Who’s Who in America, Who’s Who Among Black Americans, and Who’s Who in Finance and Industry.

He will serve as a consultant on the search(es).

***

#15..
- 662 -
City of Modesto, CA
APPENDIX B. NEHER & ASSOCIATES CLIENT LIST
Attached is a Neher & Associates Client List of Executive Recruitment Clients and Searches APPENDIX C. REFERENCES
References are available upon request.

References were also submitted in conjunction with the prior contract with the City of Modesto.

APPENDIX D. NEHER & ASSOCIATES BROCHURE/ANNOUNCEMENT

SAMPLE CLIENT RECRUITMENT BROCHURES
#15..
- 663 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 21, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Third Amendment to Legal Services Agreement with Lafayette & Kumagai, LLP CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving a Third Amendment to the Agreement with Lafayette & Kumagai, LLP for Legal Services for a revised Agreement total amount not to exceed $545,000 and extending the term of the Agreement to December 31, 2025. (Funding Source: General Liability Insurance Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and achieve financial sustainability.

BACKGROUND:

On November 5, 2020, the City of Modesto entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $45,000 for representation in labor and employment matters. A First Amendment to the Legal Services Agreement was executed on June 30, 2021, to extend the term of the agreement to June 30, 2022. A Second Amendment to the Legal Services Agreement was executed on April 5 ,2022, by Resolution No. 2022-158 to extend the term of the agreement to April 1, 2024, and authorize additional funds not to exceed $245,000.

DISCUSSION:

Lafayette & Kumagai currently defends the City on two confidential, litigated personnel matters.

It would create undue cost to the City to change defense firms at this stage of litigation due to the legal services agreement expiring or running out of funds. Staff requests an amendment to the agreement to extend the term of the agreement to December 31, 2025 and increase the agreement budget for continued services in the amount of $300,000 for a total agreement amount not to exceed $545,000.
#16..
- 664 -
City Council, September 12, 2023
Third Amendment to Legal Services Agreement with Lafayette & Kumagai, LLP

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for continued legal service to Lafayette & Kumagai conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for personnel matters.

FISCAL IMPACT:

Continued costs for the services of Lafayette & Kumagai, LLP will be absorbed within the General Liability Fund, with a not to exceed amount of $545,000. The Human Resources Department will manage the agreement services pursuant to not exceed the budget.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Third Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $300,000, for a revised Agreement total amount not to exceed $545,000, for continued representation in personnel matters, and extending the Agreement term from April 1, 2024, to December 31, 2025; and authorizing the City Manager, or his designee, to execute the Amendment.

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

1. Resolution

2. Third Amendment to the Legal Services Agreement Lafayette & Kumagai, LLP

3. Second Amendment to the Legal Services Agreement Lafayette & Kumagai, LLP

4. First Amendment to the Legal Services Agreement Lafayette & Kumagai, LLP

5. Original Agreement for Legal Services with Lafayette & Kumagai, LLP #16..
- 665 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING A THIRD AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH LAFAYETTE & KUMAGAI, LLP IN THE AMOUNT OF $300,000, FOR A REVISED AGREEMENT TOTAL AMOUNT NOT TO EXCEED $545,000, FOR CONTINUED REPRESENTATION IN

PERSONNEL MATTERS, AND EXTENDING THE AGREEMENT TERM
FROM APRIL 1, 2024 TO DECEMBER 31, 2025; AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT WHEREAS, on November 5, 2020, the City entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $45,000 for representation in labor and employment matters; and
WHEREAS, a First Amendment to the Legal Services Agreement was executed on June 30, 2021 to extend the term of the agreement to June 30, 2022; and WHEREAS, a Second Amendment to the Legal Services Agreement was executed on April 5, 2022 to increase the not to exceed amount to $245,000 and extend the term of the agreement to April 4, 2024; and
WHEREAS, Lafayette & Kumagai continue to represent the City on two confidential, litigated employment matters, and staff would like to amend the agreement to extend the term to December 31, 2025 and increase the agreement budget in the amount of $300,000, for continued services for a total agreement amount not to exceed $545,000, and
WHEREAS, the City has drafted a Third Amendment to the Legal Services agreement with Lafayette & Kumagai, LLP for continued services and representation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Third Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $300,000, for a total not to exceed amount of $545,000, as provided in Exhibit A attached hereto and incorporated herein. #16..
- 666 -
BE IT FURTHER RESOLVED, that the City Manager or his designee, is hereby authorized to execute the Amendment.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 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 NAVARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#16..
- 667 -

THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services Agreement (this “Third Amendment”), is made and entered into on the 12th day of September 2023 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LAFAYETTE & KUMAGAI, LLP (“Attorney”), located at 1300 Clay Street, Suite 810, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to extend the termination date and increase the budget of said agreement.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Lafayette & Kumagai, LLP dated November 5, 2020, and amended on June 30, 2021 and April 5, 2022 is amended as follows:

1. Section 1(b) of Paragraph 1, “Services,” is amended to state as follows:

Term: This Agreement shall become effective on the Effective Date, and shall continue through December 31, 2025 unless sooner terminated as provided in Section 7.

2. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of five hundred and forty-five thousand dollars ($545,000).

2. Entire Agreement. The parties to this Third Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November #16..
- 668 -
5, 2020, remain in full force and effect to the extent they are not in conflict with this Third Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Third Amendment. No alteration to the terms of this Third Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.

3. Authority. The person signing this Third Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Third Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the dates stated above.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Forrest Ebbs
Title: Deputy City Manager
ATTEST:
____________________________________
Diane Navares-Perez, City Clerk
____________________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page.]
#16..
- 669 -
ATTORNEY:

LAFAYETTE & KUMAGAI, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
#16..
- 670 -
#16..
- 671 -
#16..
- 672 -
#16..
- 673 -

FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on the 30th day of June 2021 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LAFAYETTE & KUMAGAI, LLP (“Attorney”), located at 1300 Clay Street, Suite 810, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to extend the termination date of said agreement.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Lafatette & Kumagai, LLP dated November 5, 2020, is amended as follows:

1. Section 1(b) of Paragraph 1, “Services,” is amended to state as follows:
“Term: This Agreement shall become effective on the Effective Date, and shall continue thru June 30, 2022 unless sooner terminated as provided in Section 7.

2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November 5, 2020, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.

3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

DocuSign Envelope ID: 67825FCC-8BE5-4DA5-83B4-2319F9019531 #16..
- 674 -
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Caluha Barnes
Title: Deputy City Manager
ATTEST:
____________________________________
Dana Sanchez, Assistant City Clerk
____________________________________
Jiles Smith, Risk Manager
[Signatures Continued on Next Page.]
DocuSign Envelope ID: 67825FCC-8BE5-4DA5-83B4-2319F9019531 10/11/2021
#16..
- 675 -
ATTORNEY:

LAFAYETTE & KUMAGAI, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: 67825FCC-8BE5-4DA5-83B4-2319F9019531 #16..
- 676 -
#16..
- 677 -
#16..
- 678 -
#16..
- 679 -
#16..
- 680 -
#16..
- 681 -
#16..
- 682 -
#16..
- 683 -
#16..
- 684 -
#16..
- 685 -
#16..
- 686 -
#16..
- 687 -
#16..
- 688 -
#16..
- 689 -
#16..
- 690 -

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: Revision of Equity Commission Bylaws
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving amendments to the Equity Commission Bylaws. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies:

Goal I - Promote trust and engagement between the community and the City by developing a multi-lingual communications plan; and Goal J – Build a high-performance organization by attracting and retaining high-performance employees.

BACKGROUND:

The City of Modesto affirmed its commitment to equal employment opportunity when Council approved the creation of the Affirmative Action Commission March 7, 1987. This commission, comprised of members of the community, was charged with advising the City Manager and City Council on the development and implementation of the (then) Affirmative Action Plan. Later, in accordance with the Americans with Disabilities Act of 1990, the City established policies to provide any qualified individual with a disability with reasonable accommodations.

Following the passage of Proposition 209 in 1996, the City reviewed its employment policies, affirmative action policies, and other relevant policies and amended them as necessary to comply with Proposition 209, which prohibited governmental agencies from considering race, sex, or ethnicity in public employment. As part of that compliance effort, the City retitled the Affirmative Action Plan to the Equal Employment Opportunity Plan.

Believing that a new name would more accurately reflect its mission, the Affirmative Action Commission (established in 1987) recommended their commission name be changed to the Equal Opportunity/Disability Commission, which was approved on March 3, 1998. Bylaws were updated to reflect advising on the Equal Employment Opportunity Plan. #17..
- 691 -
Council Agenda Report, September 12, 2023
Revised Equity Commission Bylaws

Just as the City’s programs have evolved over time to reflect the predominant issues and legal frameworks of the time, and language used, so has the vision and naming of programs to support these efforts. The City of Modesto’s Human Resources Department took a comprehensive look at the various programs and on January 25, 2022, by Resolution 2022-054, the City Council amended the Equal Opportunity/Disability Commission to the Equity Commission and amended its Article II Duties to include matters related to equity and inclusion, equal opportunity, and disability related issues and adopted amended bylaws for the Equity Commission to reflect these changes.

DISCUSSION:

On July 31, 2023 a Special Meeting of the Equity Commission was held and the Equity Commission reviewed the current Equity Commission bylaws at length and made changes. All present Equity Commissioners voted in favor of changing the bylaws. Changes include:
 Reducing the number of Commissioners from eleven to seven  Clarifying language relating to duties and responsibilities  Revising the attendance section
 Revising the definition of a quorum
 Revising outdated language to current regulations and terminology A copy of the bylaws with changes are attached to this item.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This was not taken to any committees.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving amendments to the Equity Commission Bylaws.

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

1. Resolution

2. Equity Commission bylaws simple redline copy version #17..
- 692 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION APPROVING AMENDMENTS TO THE EQUITY COMMISSION BYLAWS
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987, and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209, and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134, and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility, and WHEREAS, by Resolution 2022-054, the City Council amended the title of the Equal Opportunity/Disability Commission to the Equity Commission and amending Article II Duties to include matters related to equity and inclusion, equal opportunity, and disability related issues.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that is hereby approves amendments to the Equity Commission by-laws, attached hereto as Exhibit A.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 12TH day of September 2023, by Councilmember ?, who #17..
- 693 -
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
#17..
- 694 -
1 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

RULES OF PROCEDURE
OF THE

EQUITY COMMISSION
OF THE

CITY OF MODESTO

ARTICLE I

ORGANIZATION
Section 1.1 Establishment.

A. The Affirmative Action Commission of the City of Modesto is was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987.

B. Following the passage of California’s Proposition 209, the City amended relevant policies and procedures to comply with the new law. As part of that effort, Ppursuant to Council Resolution No. 98-134 on March 3, 1998, the name of the Commission was changed to Equal Opportunity/Disability Commission, to more accurately reflect the its mission of the Commission. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retiled from the Affirmative Action Commission to Equal Opportunity and Disability Commission.

C. In 2021 and early 2022, in an effort to better meet the needs of the community and workforce, the Commission City has reviewed its the Commission’s mission. To better align with the goals of the City, on January 25, 2022, pursuant to Council Resolution No. 2022-054, the City Council Commission was retitled from the Equal Opportunity and /Disability Commission to the Equity Commission.

ARTICLE II
DUTIES
Section 2.1 Duties. The duties of the Equity Commission are:

A. To advise the City Manager and the City Council in matters that relate to equity and inclusion, equal opportunity and disability- related issues.

B. To formulate and recommend policy to the City Council and City Manager in matters that pertain to equity and inclusion, equal opportunity and disability related issues, to include that affect the City workforce and services provided by the City to the community.
#17..
- 695 -
2 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
C. To review the practices and procedures of the City of Modesto in all matters that relate to equity and inclusion, equal opportunity, and disability-related issues, to include that affect the City workforce and services provided by the City to the community.

D. To monitor the activities and efforts of the City’s Diversity, Equity and Inclusion ProgramEqual Employment Opportunity Plan which strives to obtain a City work force which reflects the labor force within the City and Stanislaus County.

E. To monitor the City’s performancecontinually review the accomplishments of the City of Modesto in meeting its equity and inclusion goals related to equity and inclusion, equal opportunity, and disability-related issues.

F. To be updated statistically on complaints and grievances submitted to the City of Modesto in regard to equal employment opportunity, equity and inclusion, equal opportunity, and disability-related issues submitted to the City of Modesto.

ARTICLE III

MEETINGS
Sections 3.1 Regular Meetings. A regular meeting of the Commission shall be held at 5:00 p.m. on the third Monday of each calendar month, except for January and February when meetings will be held on the fourth Monday due to observance of Martin Luther King Jr. Day and President's Day.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chair of the Commission or upon the written request of three (3) members of the Commission.

Whenever a special meeting shall be called, written notice of such meeting shall be made in accordance with the Ralph M. Brown Act as described in Section 3.6 hereof.

Section 3.3 Place of Meetings. Meetings shall be held at the location designated in the agenda for the meeting.

Section 3.4 Meetings to be Public. All meetings of the Commission shall be open to the public, except where closed sessions may be held are both authorized by law and as deemed necessary by the Commission.

Section 3.5 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge its duties. If a member Any Commissioner who is absent from three (3) (3) consecutive regular meetings of the Commission, or from four (4) regular meetings within any 12-month period, shall be deemed to have forfeited their seat on the Commission, and shall be ineligible to reapply for a seat on the Commission for the remainder of the calendar year and the following calendar year. consecutively, without securing the permission of the Commission, expressed in its official minutes, the Commission may recommend the City Council request the resignation from the Commission of any such member. The Secretary shall report to the Commission when a Commissioner has accrued either three consecutive #17..
- 696 -
3 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
absences or four absences within any 12-month period.4 (four) absences during the calendar year (January – December) for consideration of the Commission.

Section 3.6 Agenda. In order to facilitate the orderly conduct of the business of the Commission:

A. The Ssecretary, in consultation with the Chair, shall arrange a list of the matters to be considered by the Commission at its next meeting in accordance with the order of business. The agenda and all other reports and other supplemental material shall be delivered (electronic, postal, or other means as needed) to each member of the Commission prior to the Commission meeting at which they are to be considered as far as possible in advance of the meeting as time will permit.

B. Any Commissioner may request that an item be added to the agenda prior to the legal posting requirement, and in consultation with the Chair and Secretary.

A.C. In accordance with amendments to the Ralph M. Brown Act, the agenda will
be posted in a place freely accessible to the public at least 72 hours prior to the meeting in accordance with the Brown Act. Copies will also be mailed or electronically delivered to persons and organizations that are directly each person or organization affected by an item on the agenda or have requesteding notice in writing, and to each local newspaper of general circulation, and radio or television stations that have requesteding notice in writing.]
D. Interested persons in the audience Members of the public may make public comments during the Public Comments portion of each regular Commission meeting and on each agendized item.presentations to the Commission on The Chair shall have discretion to limit the time allowed for public comments.

Members of the public may also submit written comments via email:. All comments will be shared with the Commissioners and placed in the record, but maywill not be read aloud during the meeting. Written comments must be received two hours before the meeting. Matters presented via public comment on non-agendized items cannot be discussed or acted upon by the Commission at that meeting. Commissioners may respond by briefly responding to statements made or questions raised, asking questions for clarification, providing references to staff or other resources for factual information, requesting staff to report back at a subsequent meeting, or directing staff to place a matter of business on a future agenda.agendized items and under the Oral Communication item. Matters presented under this item cannot be discussed nor acted upon by the Commission at that meeting.

B. Members of the Commission and staff may present items under Matters Too Late for the Agenda,
#17..
- 697 -
4 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

1. upon determination by a majority of the Commissioners present that an emergency exists; or

2. when the need to take action on the matter arose subsequent to the publishing of the agenda by a two-thirds vote of the Commission, or

3. if less than two-thirds of the members are present, by a unanimous vote of those present.

With the unanimous consent of the members of the Commission present at the meeting, matters may be taken up out of order.

C.E. The agenda shall specify the time and place of the meeting and a brief description of each item of business to be transacted.

D. The agenda shall be posted in public places as required by law.

Section 3.7 Order of Business. The order of business shall be:

A. Call to Order
B. Roll Call and Secretary’s Report of Absences
Consideration of Absences
C. Public Comments
C. Introduction of Guests
D. Approval of Minutes
E. Oral Communications.

F.E. Reports
Chair
Committees
Staff
F. Unfinished Business
G. New Business.

H. Written Communications.

I. Matters Too Late for the Agenda.

J.H. Adjournment.

Section 3.8 Reading the Minutes. Unless the reading of the minutes of the Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Ssecretary has previously furnished each member of the Commission with a copy thereof.

Section 3.9 Method of Action. All decisions of the Commission shall be by motion and, unless otherwise specified by Charter, ordinance or law, shall carry upon a majority vote of the Commissioners present. Upon the request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Commission is in ordertaken, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.
#17..
- 698 -
5 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

ARTICLE IV
QUORUM
Section 4.1 Quorum. T h e C o m m i s s i o n m a y c o n v e n e a m e e t i n g a n d t r a n s a c t b u s i n e s s o n l y w h e n a q u o r u m i s p r e s e n t . A q u o r u m s h a l l c o n s i s t o f Aa majority of the activeappointed members of the Commission.

Active members are members who have been appointed by the City Council and have not resigned or forfeited their seat based on attendance. shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.

If all members are absent from any meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause a written notice of the adjournment to be given in the same manner as provided in Section 3.6..

ARTICLE V

MEMBERS AND

ELECTED OFFICERS
Section 5.1 Members. The membership of the Commission shall consist of seven Commissioners, appointed by the City Council. All members must reside in Stanislaus County. At least five members must be residents of Modesto who are registered to vote in Modesto if they are eligible to register to vote. Up to two members may be nonModesto residents of Stanislaus County who are registered to vote in Stanislaus County if they are eligible to register to vote. Each Commissioner will be appointed for a fouryear term beginning on January 1, with the first term beginning on January 1, 2023 and ending on December 31, 2026. If a member appointed to a four-year term resigns before the conclusion of that term, the Secretary will notify the City Council of the vacancy so that the Council may appoint a replacement member to serve out the remainder of the term.

Section 5.21 Chair and Vice Chair. The elected officers of the Commission shall be:

A Chair, whose duties shall be to preside at all meetings, assist with preparation of each meeting’s agenda, and call special meetings, appoint members to standing committees, and serve as an ex officio member of all Commission committees; and
A Vice Chair, who shall , in the absence of the Chair, perform the duties of the Chair in the Chair’s absence.

Section 5.32 Election of Officers. The Chair and Vice Chair of the Commission shall be elected annually at the regular meeting in January. Each officer is to hold office for no more than two terms consecutively.
#17..
- 699 -
6 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Section 5.43 Interim Vacancies. If the Vice Chair of the Commission vacates that office prior to the end of his/her term, the Chair may appoint an interim Vice Chair for the remainder of the calendar year.

If the Chair of the Commission vacates that office prior to the end of his/her term, an interim Chair shall be elected by the Commission for the remainder of the calendar year.

ARTICLE VI

PROCEDURES, POWERS, DUTIES AND STAFF
Section 6.1 AuthorityGoverning Rules. The Commission shall be governed in order of precedence as follows: applicable federal and state law, provisions of the City Charter, Municipal Code, Resolutions or Ordinances of the City of Modesto and these Rules of Procedure pertaining to procedures, powers, duties and staff of the Commission shall prevail in the order stated.

Section 6.2 Secretary. The City shall appoint a staff representative to serve as the Commission’s Secretary. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, keep official records of the Commission, and perform such other duties as the Commission may require.

Section 6.3 Amendment of Rules of Procedure. These Rules of Procedure may be amended from time to time by motion adopted by an affirmative vote of a majority of the entire membership activeappointed members of the Commission.

ARTICLE VII

PARLIAMENTARY PROCEDURE
Section 7.1 Sturgis Standard Code of Parliamentary ProcedureRobert’s Rules of Order.

Except as otherwise provided in these Rules of Procedure, all meetings of the Commission shall be conducted in accordance with the current edition of “Sturgis Standard Code of Parliamentary ProcedureRobert’s Rules of Order.”

ARTICLE VIII

COMMITTEES
Section 8.1 Standing Committees.

The standing committees of the Commission shall be the Internal Committee, which shall address matters concerning the City’s relationship with its employees; the External Committee, which shall address the City’s relationship with the community; and the Community Outreach Committee, which shall address outreach to the community concerning the Commission’s efforts and plans and make efforts to obtain community #17..
- 700 -
7 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
input on the City’s performance regarding diversity, equity and inclusion. Disability Awareness Committee, Fair Housing Committee.

Each Committee will be composed of 3 to 5 members of the Commission appointed by Tthe Chair shall appoint members of each standing committee to serve until the next annual meeting of the Commission in January, and the number of Commissioners appointed to any standing committee must be fewer than the number required to establish a quorum as specified in Article IV herein. Members appointed to fill vacancies on Committees shall serve for the unexpired terms of the members they replace.

The Chair shall serve as an ex officio member of each standing committee. Each Commissioner must serve on at least one standing committee. Each standing committee shall choose a chair, who shall schedule a monthly meetings at a time when all Committee members are able to attend.

Section 8.2 Special Committees. There shall be such special committees as the Commission may establish from time to time. The members of such special committees shall be appointed by the Chair of the Commission and shall serve for terms established by the Commission.

Section 8.3 Ex Officio Committee Member. The Chair of the Commission shall serve as an ex officio member of all Commission committees.
#17..
- 701 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police, [email protected] , 209-572-9500 SUBJECT: First Amendment to Tactical Flight Officer Training Agreement -Jeff Moring CONTACT: Kalani Souza, Lieutenant, [email protected] , 209-572-9500 DESCRIPTION:

Consider approving the First Amendment to the Tactical Flight Officer Training Agreement with Jeff Moring for a revised total amount of $25,000. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan goal of improving safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

On February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero Airvan for use by the Modesto Police Department. The Gipps Aero Airvan, now known as Sky 1, was delivered to the Modesto Police Department on March 31, 2023. Soon after, preparation for training, implementation, and deployment of the MPD Air Support Unit (ASU) began.

Jeff Moring, a California Highway Patrol Tactical Flight Officer who specializes in training and development of Fixed Wing Air Units, entered into an agreement with the City of Modesto on April 27, 2023, to assist in the establishment of the MPD ASU. The agreement included a 24-hour “ground” school for training purposes, in-flight testing, selection, in-flight training, and travel expenses. The original amount for this professional services agreement was $10,000.

DISCUSSION:

In March of 2023, the MPD sought memorandums of interest from its sworn employees for the position of Tactical Flight Officer (TFO). A TFO is a line-level officer who supports ground units engaged in a variety of law enforcement missions. Specialized training is required to become a TFO, this training includes elements of crew coordination, how to set up a perimeter and direct the activities of ground units from the air, manage a vehicle pursuit, conduct thermal imagery searches, and many other tactical skills. After the deadline to submit memorandums of interest #18..
- 702 -
City Council, September 12, 2023
First Amendment to Tactical Flight Officer Training Agreement -Jeff Moring

passed, there were 14 MPD sworn employees interested in the TFO position. All interested employees were then put through ground school and in-flight testing. The existing professional services agreement with Jeff Moring covered the ground school, which totaled $1,560, and inflight testing, which totaled $3,380 and included a minimum of four (4) hours of testing per candidate; $5,060 has been expended to date of the required 32 hours of flight time.

All 14 TFO candidates were assessed during both the ground school and the in-flight evaluations, a total of eight (8) candidates passed both phases. The next step for TFO training is in-flight testing for solo flight status which requires an estimated 32 hours of flight time for each of the eight (8) candidates and the Air Support Unit Sergeant. This training will cost approximately $2,080 per officer which totals $18,720, of which, $5,060 has been expended. Due to the number of qualified TFOs, the existing contract does not have enough funds available to cover this portion of training. Based on these calculations for the necessary training as well as including a contingency of $1,340 for potential additional needs for evaluation, training, testing, or consulting, the department is seeking an additional $15,000 be added to the existing contract for a new total amount not to exceed $25,000. At the conclusion of the aforementioned training, no further contracted services with Jeff Moring will be necessary.

Modesto Municipal Code Section 8-3.102 – Contracting Authority states that the City Manager may approve and authorize all contracts and purchase orders involving an expenditure of City funds in the total amount of fifty thousand dollars ($50,000) or less. However, in the existing agreement, in Section 3 – COMPENSATION, a line that stated, “if additional services in excess of this amount are deemed necessary by City staff, an amendment to this agreement will be required and must be approved by the City Council prior to commencing the work”, was inadvertently included that necessitates this item coming before Council for approval.

FISCAL IMPACT:

The following is a breakdown of the services rendered to-date and the related expenses as well as the projected breakdown of services remaining and the related expenses:

Sufficient funds are budgeted in the current Police Department Fiscal Year 2023/2024 Operating Budget in the Air Support Division (General Fund MPD – Air Support Professional Services).

Description Cost
TFO Training $ 3,122.00
Initial In-Flight Training $ 5,060.00
Travel $ 1,422.00
Mileage $ 396.00
Total YTD Expenses $ 10,000.00
Projected In-Flight Time $ 13,660.00
Contingencies $ 1,340.00
Total NewNTEAmount $ 25,000.00
#18..
- 703 -
City Council, September 12, 2023
First Amendment to Tactical Flight Officer Training Agreement -Jeff Moring

COMMITTEE RECOMMENDATION:

Due to the time constraints of the expended agreement and needed training hours, this item was not presented to the committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with Jeff Moring for the Tactical Flight Officer training, increasing the Agreement by $15,000 from $10,000 to a new total amount of $25,000; and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment to the Tactical Flight Officer Training Agreement

3. Jeff Moring Tactical Flight Officer Training Agreement 5479509.1
#18..
- 704 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

AGREEMENT WITH JEFF MORING FOR THE TACTICAL FLIGHT
OFFICER TRAINING, INCREASING THE AGREEMENT BY $15,000 FROM $10,000 TO A NEW TOTAL AMOUNT OF $25,000; AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, on April 27, 2023, Jeff Moring, a CHP Tactical Flight Officer who specializes in training and development of Fixed Wing Air Units, entered into an agreement with the City of Modesto to assist in the establishment of the Modesto Police Department Air Support Unit inclusive of the evaluation and training of Tactical Flight Officers (TFO) for an amount not to exceed $10,000; and WHEREAS, specialized training is required to become a TFO, which includes elements of crew coordination, how to set up a perimeter and direct activities of ground units from the air, managing a vehicle pursuit, conducting thermal imagery searches, and many other tactical skills; and
WHEREAS, the existing professional services agreement with Jeff Moring covered the ground school, which totaled $1,560, and in-flight testing, which totaled $3,380 and included a minimum of four (4) hours of testing per candidate; and WHEREAS, the next step for TFO training is in-flight testing for solo flight status which requires an estimated 32 hours of flight time for each eight (8) candidates and the ASU Sergeant; and
WHEREAS; this training will cost approximately $2,080 per officer which totals $18,720, of which, $5,060 has been expended; and
WHEREAS, due to the number of qualified TFOs, the existing contract does not have enough funds available to cover this portion of training; and #18..
- 705 -
2 WHEREAS; based on these calculations for the necessary training as well as including a contingency of $1,340 for potential additional needs for evaluation, training, testing, or consulting, the department is seeking and additional $15,000 be added to the existing contract for a new total amount not to exceed $25,000; and WHEREAS; in the existing agreement, in Section 3 – COMPENSATION, a line that stated, “if additional services in excess of this amount are deemed necessary by City staff, an amendment to this agreement will be required and must be approved by the City Council prior to commencing the work”, was inadvertently included that necessitates this item coming before Council for approval.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the agreement with Jeff Moring for tactical flight officer training, increasing the agreement by $15,000 from $10,000 to a new total amount of $25,000.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #18..
- 706 -
3 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, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#18..
- 707 -
1 FIRST AMENDMENT TO AGREEMENT

FOR TACTICAL FLIGHT OFFICER TRAINING FOR MODESTO POLICE

DEPARTMENT
This First Amendment (“Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and Jeff Moring, an individual, (hereinafter “CONSULTANT”) entered into by the parties on 27th day of April, 2023, (the “Agreement”), hereinafter referred to as “Original Agreement.”

RECITALS
This First Amendment to the Agreement is made with reference to the following recitals:

1. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONSULTANT on the 27th day of APRIL 2023 for the services of Tactical Flight Officer Training.

2. CITY and CONSULTANT desire to amend the AGREEMENT by increasing the previously approved amount from $10,000 to $25,000 for the services of Tactical Flight Officer Training.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for services of Tactical Flight Officer Training and this Amendment to Agreement, the parties agree as follows:

1. Section 3 “COMPENSATION” of the AGREEMENT shall be removed in entirety and replaced with the following:

Consultant agrees to accept a sum not to exceed $25,000 (maximum compensation) as full remuneration for performing all services and furnishing all staffing #18..
- 708 -
2 and materials for Modesto in accordance with Exhibit "A”, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at $65 per hour for up to One Hundred Four (104) hours of classroom flight time. Delays and/or cancellations in scheduled training, including but not limited to weather delays, aircraft maintenance delays or personnel issues are covered at the Client’s expense and are charged the full hourly rate of $65 per hour (4 hours minimum) daily unless communicated to the Consult and by City at least 48 hours prior to the scheduled training. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by consultant or approved by the City in writing. Consultant’s travel expenses incurred in performance of this Agreement shall not exceed $3,000 and is inclusive of the total not to exceed amount of Twenty-Five Thousand Dollars ($25,000).

City shall pay Consultant Net 14 days by check, payable to:

Jeff Moring
5275 Jacque Bell Lane
Fairfield, CA 94533
Additional services may be authorized by the Modesto Police Department in an amount up to, but not to exceed 10% of the agreed maximum compensation, or #18..
- 709 -
3 $2,500. If additional services are deemed necessary, the Consultant shall provide a written request to the Modesto Police Department indicating the reason for additional work, scope, and cost of such work. The Modesto Police Department shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at $65 per hour and may not exceed the amount requested and approved in writing by the Modesto Police Department. In that event, the new total compensation shall not exceed $27,500. If additional services more than this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work.

2. Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the 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 Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. ____________, adopted by the Council of the City of Modesto on the ________ day of ___________, 2023, and CONSULTANT has caused this Agreement to be duly executed in duplicate as of the Effective Date.
#18..
- 710 -
#18..
- 711 -
#18..
- 712 -
#18..
- 713 -
#18..
- 714 -
#18..
- 715 -
#18..
- 716 -
#18..
- 717 -
#18..
- 718 -
#18..
- 719 -
#18..
- 720 -
#18..
- 721 -
#18..
- 722 -
#18..
- 723 -
#18..
- 724 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 12, 2023
Date: August 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: First Amendment to Agreement for Backflow Testing and Emergency Repairs CONTACT: Kelly Gallagher, Park Operations Manager, [email protected], 209- 342-2270
DESCRIPTION:

Consider approving the First Amendment for Backflow Prevention Testing Services to a total revised amount not to exceed $225,000. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The State of California Health and Safety Code requires annual testing of each backflow prevention assembly owned and operated by the City. Pursuant to Modesto Municipal Code 11-

1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water account holder’s (City’s) expense.

A formal bid for Backflow Prevention Testing Services was issued on November 5, 2021.

Seventeen vendors downloaded the Request for Bids. Bids were due on December 28, 2021, and one bid was received from Dan Ely Backflow Services.

On March 8, 2022, by Resolution 2022-133, Council approved an agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years.

On August 25, 2022, Dan Ely Backflow Services sent a Notice of Termination letter to the City’s Purchasing Division citing the final day of service as September 30, 2022. SameDay Backflow Service purchased Dan Ely’s business since he was retiring. SameDay would assume service under the existing agreement and terms.
#19..
- 725 -
City Council, September 12, 2023
First Amendment to Agreement for Backflow Prevention Testing Services

Purchasing staff notified the Parks, Recreation & Neighborhoods department. Staff determined Sameday Backflow Service is a capable and responsible replacement to assume the agreement. On October 1, 2022, Sameday Backflow Service assumed the Backflow Testing and Emergency Repairs agreement.

DISCUSSION:

Park Operations staff have noticed an uptick in theft and vandalism of Backflow devices.

Thieves have targeted the devices for their copper valves which can be sold at about $10-15 each for scrap. However, the cost to replace and/or repair the Backflows is significantly higher starting from $2,000. Due to these impacts, the current agreement for Backflow Testing and Repairs is spending at a higher pace than what was anticipated in the annual spending under this agreement.

Originally, the agreement was approved for $25,000 annually over five years for a total amount not to exceed $125,000. The agreement was created for Backflow testing with a small budget for emergency repairs. At the time, the primary user of the Agreement was Park Operations.

Within the first 14 months, expenditures are at $35,587 which is approximately $2,500 per month. This leaves a $14,413 balance with ten months remaining of the initial term. At $2,500 per month, the balance will cover a little over 5 months.

As a result, staff is recommending a $100,000 increase to the Agreement for a total amount of $225,000 for the entire agreement. This increase represents a $20,000 annual increase per year for five years. In addition, the increase is noted as Emergency repairs since these expenses exceeded what was initially anticipated when the Agreement first went into effect. It is expected for each department to fund these repairs with existing funds.

ORIGINAL AGREEMENT AMENDED AGREEMENT
Department Annual 5-Years Department Annual 5-years
Park Ops $19,500 $ 97,500 Park Ops $19,500 $97,500
Other Depts 1,500 7,500 Other Depts 1,500 7,500
Emergency Repairs 4,000 20,000 Emergency Repairs 24,000 120,000 TOTAL $ 25,000 $ 125,000 TOTAL $45,000 $225,000
FISCAL IMPACT:

The following summarizes compensation paid for the current agreement and the amended agreement. The increase is noted as Emergency Repairs since these expenditures exceeded what was initially anticipated when the Agreement first went into effect. No funding is being requested; this is solely an increase to the agreement. It is expected that City departments will use existing funds in their respective budgets to cover this proposed increase.

ORIGINAL AGREEMENT AMENDED AGREEMENT
Department Annual 5-Years Department Annual 5-years
Park Ops $19,500 $97,500 Park Ops $19,500 $97,500
Other Depts 1,500 7,500 Other Depts 1,500 7,500
Emergency Repairs 4,000 20,000 Emergency Repairs 24,000 120,000 TOTAL $25,000 $125,000 TOTAL $45,000 $225,000
#19..
- 726 -
City Council, September 12, 2023
First Amendment to Agreement for Backflow Prevention Testing Services

COMMITTEE RECOMMENDATION:

This item was presented to the Safety and Communities Committee on August 14, 2023 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services by $100,000 from $125,000 to a new total amount not to exceed $225,000; and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

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

1. Resolution

2. Backflow Prevention Testing Services Agreement – First Amendment

3. Backflow Prevention Testing Services Agreement

4. Assignment and Assumption Agreement – Sameday Backflow Service #19..
- 727 -
09/12/2023/PRN/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE FIRST AMENDMENT INCREASING THE

AGREEMENT AMOUNT WITH SAMEDAY BACKFLOW SERVICE, FOR
BACKFLOW PREVENTION TESTING SERVICES BY $100,000 FROM $125,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $225,000; AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE AMENDMENT WHEREAS, the State of California Health and Safety Code requires annual testing of backflow prevention assemblies owned and operated by the City; and WHEREAS, pursuant to Modesto Municipal Code 11-1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense; and WHEREAS, the City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for Backflow Prevention Testing Services on November 5, 2021; and
WHEREAS, a purchasing agreement with Dan Ely Backflow Services, Turlock, CA was executed in an amount not to exceed $125,000 over five years; and WHEREAS, on August 25, 2022, Dan Ely sent the City a 30-day notice of termination letter and recommended Sameday Backflow Service as an alternative; and WHEREAS, staff determined Sameday Backflow Service as a capable and responsible replacement to assume the agreement; and
WHEREAS, on October 1, 2022, Sameday Backflow Service assumed the Backflow Prevention Testing Services Agreement under the existing terms; and WHEREAS, the City is in second year of the Agreement for Backflow Testing services; and
#19..
- 728 -
09/12/2023/PRN/SMITH 2 2023-?
WHEREAS, staff has noticed an uptick in theft and vandalism of Backflow devices throughout the City requiring repair; and
WHEREAS, these repairs can result in costs upwards of $2,000 each; and WHEREAS, expenditures are at $35,587 with ten months remaining in the initial term leaving a balance of $14,413; and
WHEREAS, the balance is estimated to cover five of the ten months remaining; and
WHEREAS, staff is requesting compensation for the Agreement to be increased by $100,000 for a total amount of $225,000 for the entire agreement to provide sufficient funding for backflow testing services through the end of the agreement; and WHEREAS, amending the agreement will allow uninterrupted services until the agreement expires on April 30, 2027.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment increasing the agreement amount with Sameday Backflow Service for Backflow Prevention Testing Services by $100,000 from $125,000 to a new total amount not to exceed $225,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #19..
- 729 -
09/12/2023/PRN/SMITH 3 2023-?
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, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 730 -
1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT to the AGREEMENT (“FIRST AMENDMENT”), made and entered into in the City of Modesto, County of Stanislaus, State of California, this _____ day of , 2023, by and between the CITY OF MODESTO, a
municipal corporation of the State of California ("CITY") and SAMEDAY BACKFLOW SERVICE, Manteca, CA, hereinafter collectively referred to as "CONTRACTOR".

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

A. An Agreement (“AGREEMENT”) was entered into by and between CITY and CONTRACTOR on the 1st day of October 2022 to provide backflow prevention testing, repairs and certification services.

B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $125,000 based on an estimate of 500+ backflow prevention tests annually.

C. The CITY has required significant repairs due to vandalism and theft to several Backflows exhausting the annual budget and estimates that an additional $100,000 will be needed to ensure sufficient backflow prevention testing services through the end of the AGREEMENT, dated April 30, 2027.

D. CITY and CONTRACTOR desire to amend the AGREEMENT to increase the compensation paid for services identified in the AGREEMENT.

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

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

1. Section 1, subparagraph f. shall be amended to read the following: “CONTRACTOR shall #19..
- 731 -
2 furnish the services at the following agreement rates, estimated annual amount of $45,000 and a total not to exceed amount of $225,000.”

2. Except as modified and amended by this FIRST AMENDMENT to AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect. #19..
- 732 -
3 IN WITNESS WHEREOF, the CITY, a Municipal Corporation, has authorized the execution of this FIRST AMENDMENT to AGREEMENT in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2023, and SAMEDAY BACKFLOW SERVICES, has caused this First Amendment to Agreement to be duly executed. #19..
- 733 -

AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

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

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

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 X
X
V. Fabela
Agreement for Backflow Testing and Emergency Repairs
X
X
Finance
03/08/2022
Alex Mog
Dan Ely Backflow Services
X
75369
#19..
- 734 -

AGREEMENT

DAN ELY BACKFLOW SERVICES

FOR BACKFLOW TESTING AND EMERGENCY REPAIRS
This Agreement, made and entered into in the City of Modesto, State of California, this 8th day of March, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Dan Ely Backflow Services hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_______ authorizing the award of bid and contract for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS to Dan Ely Backflow Services,
attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 2122-03 for BACKFLOW TESTING AND EMERGENCY REPAIRS that best meets CITY needs, and
WHEREAS, the CONTRACTOR shall provide services to CITY as defined in the “Submittal”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS, as described in RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish BACKFLOW TESTING AND
EMERGENCY REPAIRS, in strict accordance with the conditions of the complete Contract.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 133
#19..
- 735 -
b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the services at the following agreement rates, estimated amount of $ 25,000 and a total amount not to exceed $125,000.

AGREEMENT PRICING

PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer/Type over 90% are Febco, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Pressure Vaccum
$45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 736 -
Breaker (PVB)
Reduce Pressure
(RP) $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00
Please provide your parts markup percentage 10% (NTE 10%).

Hourly rate for emergency repairs $75.00.

Modesto Fire Department

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double Check
(DC) $45.00 $45.00 $45.00 $45.00 $45.00
Double Check
Detector
Assembly
(DCDA) $45.00 $45.00 $45.00 $45.00 $45.00
Pressure
Vacuum
Breaker (PVB) $45.00 $45.00 $45.00 $45.00 $45.00
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 737 -
Reduce
Pressure (RP) $45.00 $45.00 $45.00 $45.00 $45.00

PRICING SCHEDULE
City Business/Delivery License No.1162908 Expiration Date: __________ Contractor License No. N/A Expiration Date: N/A
DIR Registration No. PW-LR-1000844993 Expiration Date: 6/1/2022 Stated pricing is subject to (_2 %) cash discount if invoice is paid within 15 days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contained with the City standards shall apply.

DIR Project ID# 402556

3. CITY CONTACT:

Kathy Crandall, Buyer Ph: (209) 577-5420
Changes of a contractual or business nature shall be effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options.

Year 1: May 1, 2022 through April 30, 2023
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 738 -
Year 2: May 1, 2023 through April 30, 2024
Year 3: May 1, 2024 through April 30, 2025
Year 4: May 1, 2025 through April 30, 2026
Year 5: May 1, 2026 through April 30, 2027
This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in written form. Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City. The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

5. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.

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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 739 -
CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate 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 Contractors 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.
period of one year.

Waiver of Subrogation – CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 740 -
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

Additional Insured Status-endorsement – The City of Modesto its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’S insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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

Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 741 -
employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR 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 CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 742 -
insurance or self-insurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

6. PAYMENT:

CONTRACTOR shall invoice CITY on a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document. The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:
 Reference Agreement #216569
 City department/division name and address
 Billing period
 Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 743 -
losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’S employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.

8. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 744 -
The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing.

The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto, California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Executed Agreement;
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 745 -
a. Resolution No. 2022- attached hereto as Exhibit “A” and made a part hereof;
b. Bid Submittal, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License

11. TERMINATION OF SERVICES:

Termination by City for Default of CONTRACTOR
Should CONTRACTOR 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 CONTRACTOR. 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 Contractor, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the CONTRACTOR’S performance under the 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 the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 133
#19..
- 746 -
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and 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 subcontractors, but in no event shall recovery by any Contractor or subcontractor 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 Contractor 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;
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 747 -
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, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor 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 Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

Authorization to Terminate Agreement
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 748 -
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor 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.

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-___________ attached hereto as Exhibit “A” and made a part hereof;
b. CONTRACTOR Bid Submittal, attached hereto as Exhibit “B” and made a part hereof;
c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 133
#19..
- 749 -
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR Dan Ely/Owner
Dan Ely Backflow Services
902 Bennington Ave
Turlock, CA 95382
(209) 678-7024
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

16. ASSIGNMENT:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 750 -
Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. 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.

18. HEADINGS NOT CONTROLLING.

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

20. ENTIRE AGREEMENT.

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

21. PARTIAL INVALIDITY.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 751 -
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by City Manager and attested by its City Clerk under authority of Resolution No. 2022- _________, adopted by the Council of the City of Modesto on the ___8th____ day of March, 2022 and Dan Ely Backflow Services., has caused this Agreement to be duly executed.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 133
#19..
- 752 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Federal ID # ___________
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 Dan Ely Backflow Services, Turlock, Ca
Dan Ely Owner
568026834
3/15/2022
#19..
- 753 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 Exhibit B
#19..
- 754 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 755 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 756 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 757 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 758 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 759 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 760 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 761 -
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 762 -
1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03
FOR

BACKFLOW TESTING AND EMERGENCY REPAIRS

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: DECEMBER 14, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Kathy Crandall, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
Exhibit C
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 763 -
2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

TABLE OF CONTENTS
Page
. Notice to Bidders..................................................................................................................3 . City Contacts ........................................................................................................................4 . Calendar of Events ...............................................................................................................4 . Offer and Acceptance...........................................................................................................4 . Bid Submittal Checklist .......................................................................................................5 . REQUIRED DOCUMENT
. Bid Acknowledgement (Signature)....................................................................................6 . Pricing Schedule (Signature)..............................................................................................9 . Exceptions, Clarifications, Amendments (if applicable) ..................................................10 . References ..........................................................................................................................11 . Financial Interest Disclosure Form (Signature Form) ....................................................14 . Support of Local Vendors (if applicable) ..........................................................................16 . Company History Statement .............................................................................................17 . Addenda Acknowledgement Page (if applicable) ............................................................18 . TECHNICAL REQUIREMENTS
. Scope of Work....................................................................................................................19 . Technical Specifications ....................................................................................................19 . Required Licenses ..............................................................................................................22 . Insurance.............................................................................................................................22 . GENERAL REQUIREMENTS
. Bid Submittal......................................................................................................................25 . Acceptance/Rejection of Irregular Bids.............................................................................25 . Complete Bid Document....................................................................................................25 . Compliance.........................................................................................................................26 . Prevailing Wages................................................................................................................26 . Pricing Format....................................................................................................................26 . Pricing Schedule.................................................................................................................26 . Award of Bid ......................................................................................................................27 . Term of Contract ................................................................................................................27 . Termination of Services .....................................................................................................27 . Quantities............................................................................................................................28 . Funding...............................................................................................................................28 . Other Government/Publicly Funded Agencies..................................................................28 . Protest and Appeal Procedures ..........................................................................................30 . Payment ..............................................................................................................................34 . ATTACHMENTS
. Sample Annual Agreement …………………………………………………………...35
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 764 -
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of BACKFLOW TESTING AND EMERGENCY REPAIRS for the City of Modesto, Parks, Recreation & Neighborhoods Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bids can be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, December 14, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded. All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of the bid envelope and courier envelope, if any, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS
BID OPENING DATE: DECEMBER 14, 2021 AT 11:00 A.M.

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

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

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 765 -
4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Kathy Crandall, Buyer, via email at: [email protected] All contact during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued NOVEMBER 4, 2021
Written Questions Due NOVEMBER 16, 2021
Addendum Issued (if required) NOVEMBER 23, 2021
Bid Opening BEFORE 11:00 A.M. on Tuesday, DECEMBER 14, 2021 Bid Award Approximately April 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 766 -
5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

BACKFLOW TESTING AND EMERGENCY REPAIRS
COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form).........................................................................6 . Pricing Schedule (Signature Form) ...................................................................................9 . Exceptions, Clarifications, Amendments (if applicable) ..................................................10 . References ..........................................................................................................................11 . Financial Interest Disclosure Form (Signature Form) ....................................................14 . Support of Local Vendors (if applicable) ..........................................................................16 . Company History Statement .............................................................................................17 . Addenda Acknowledgement Page (if applicable) ............................................................18 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 767 -
6 BACKFLOW TESTING AND EMERGENCY REPAIRS

BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

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

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

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

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the City may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

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

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.

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

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish at least one “inked” signed original bid document may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 768 -
7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW PREVENTION TESTING & REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, and Amendments page”.

All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 40-45 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $ $ $ $ $ $ $
Pressure Vaccum
Breaker (PVB) $ $ $ $ $ $ $
Reduce Pressure
(RP) $ $ $ $ $ $ $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 769 -
8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING & EMERGENCY REPAIRS
PRICING SCHEDULE PAGE 2
Modesto Fire Department
All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 2 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double
Check (DC) $
Double
Check
Detector
Assembly
(DCDA) $
Pressure
Vacuum
Breaker
(PVB) $
Reduce
Pressure (RP) $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

Company Name (Bidder):

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 770 -
9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ Contractor License No. __________ Expiration Date: __________ DIR Registration No. _______________________________ Expiration Date:

Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED.

A City Business License
is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.3 for further details)
Does bidder accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 771 -
10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 772 -
11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the City under Scope of Work.

References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the bidders’ performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 773 -
12 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 774 -
13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 775 -
14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete.

By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.

Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

By signing this document I agree to the information contained within.

COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE:____________________________
Applicable Names: (if any, use page 15)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 776 -
15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 777 -
16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 778 -
17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 779 -
18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS:_____________________________________________________ Company Name (Bidder):

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 780 -
19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is requesting quotations on Backflow Testing & Emergency Repair Services for backflow units. Pricing shall include the costs to conduct annual testing and certification; prepare written diagnosis with recommendations for corrective measures as necessary; and make emergency repairs as requested. Monthly communication with Contract Administrator for units tested and/or repairs needed. Approximately 450 tests and certifications will be conducted per year. The successful CONTRACTOR will arrange pickup and return of the backflow test reports with Contract Administrator.

The Scope of Work includes 14 fire service backflow prevention assemblies. For the purpose of this scope of work, the main and detector backflow prevention assemblies on fire services shall be considered separate backflow prevention assembly tests for billing purposes as noted in the Pricing Schedule of this Request for Bid under “Modesto Fire Department”.

A. BACKFLOW TESTING:

Conduct annual testing for approximately 450 backflow prevention assemblies managed by the City of Modesto. Assemblies may range in size from ¾” to 8”. This includes, but not limited to, devices from Ames, Febco, Rainbird, Wilkins, and Watts. The majority of devices are Febco (90%) B. ASSIGNMENT OF WORK:

Contract Administrator will notify CONTRACTOR which backflows require testing the first Tuesday of each month.

C. TESTING PROCEDURES:

1. CONTRACTOR will test backflow device according to the California Code of Regulations for Recycled Water and apply tag certifying device has passed. In the event that a device does not pass the initial test, Backflow Tester will make all reasonable attempts to retest the device. Examples would be to “exercise” the device and open and close shut off valves if valves are not closing tight.

Retesting of the device after such attempts will not be considered an additional test. “California Drinking Water-Related Laws”. California State Water Resources Board. California Code of Regulations: Title 17, Division 1, Chapter 5, Group 4, Articles 1 and 2, Sections: 7583- 7586,7601-7605.
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Lawbook.html “California Drinking Water-Related Laws”. California State Water Resources Board. California Code of Regulations: Title 17, Division 1, Chapter 5, Group 4, Articles 1 and 2, Sections: 7583- 7586,7601-7605.

For Fire protection systems, CONTRACTOR will test fire protection system assemblies in accordance with National Fire Protection Association Standard 25, 2013 California Edition. https://catalog.nfpa.org/NFPA-25-Standard-for-the-Inspection-Testing-and-Maintenance-of-WaterBased-Fire-Protection-Systems-with-California-Amendments-P17438.aspx DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 781 -
20 2. CONTRACTOR shall furnish all labor, materials, tools, equipment, supplies, facilities, vehicle and supervision necessary to provide annual test.

3. Within twenty-four (24) hours of test, CONTRACTOR will provide written notification to Contract Administrator and the City’s Water Department Backflow Administrator ([email protected]) via email of illegal cross-connections, incorrect installations, or any other potential hazard to the water system observed during backflow prevention assembly test.

D. EMERGENCY REPAIR PROCEDURES:

1. During testing, CONTRACTOR will perform repairs as needed at a cost not to exceed those identified in the table below. If the cost of the repair is estimated to exceed these amounts, CONTRACTOR must submit a full repair quote to the Contract Administrator for approval. If requested by Contract Administrator, CONTRACTOR will provide a quote for device repair within 48 hours of request.

Size 0” – 1 ½” 2” 3” 4” and up
Cost $150 $200 $250 $500

2. Quotes for device repairs will require a “Parts List”. The Parts List will consist of any materials and/or supplies needed to complete the repair. These parts will be procured by CITY and provided to CONTRACTOR to complete the quoted repair.

E. RECORDKEEPING AND DELIVERABLES:

1. CONTRACTOR must submit completed Test Report forms which are accurate, readable and complete to the Contract Administrator. Awarded CONTRACTOR to provide copy of their Test Form to the City’s Water Department for approval.

2. Provide Contract Administrator with an electronic PDF file of each completed Test Report form within ten (10) days of passing test. The name of the PDF file must include:
i. Site
ii. Equipment location and street or cross-street. E.g. “Graceada Park – Corner of Stoddard and Sycamore Ave.”

3. Submit the Test Report in a format acceptable to the water purveyor. Test Report forms must be submitted at least three (3) working days before the test due date.

4. All test reports are required to be received by the end of the reporting month. A copy must be submitted to the Contract Administrator and the City’s Water Department.

5. CONTRACTOR shall keep a record of all test reports for three (3) years per the American Water Works Association (AWWA) and make these available to the CITY upon request.

F. GENERAL NOTES:

1. CONTRACTOR shall accomplish any other duties or requirements not included in the Scope of Work but required as per the test procedures identified in Section F, number 2, to ensure the satisfactory completion of the aforementioned testing goals.

2. Test procedures shall be those identified by the California State Water Resources Control Board in the most current edition of the University of Southern California Foundation for Cross-Connection Control book. As of March 2021, the 10th Edition is most current.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 782 -
21 California State Water Resources Board
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Publications.html

3. At the start of work, CONTRACTOR shall provide Contract Administrator with annual test kit calibration documentation for all test kits used prior to annual expiration date.

4. Work Hours – CONTRACTOR will conduct all work during the CITY’s regular business hours Monday – Friday (8:00 am – 5:00 pm). The CONTRACTOR shall be required to receive prior written authorization from the Contract Administrator for any testing outside the CITY’s regular business hours. Such authorization, if granted, would be provided for isolated circumstances and should not be considered to be a standard practice during the performance of this scope of work.

G. COMPENSATION:

CONTRACTOR shall submit an invoice and attach a hard copy for each test report. Invoices shall be submitted within thirty (30) days of test date. To decrease paperwork, CONTRACTOR is encouraged to include multiple test reports with one invoice. A maximum of two (2) invoices can be submitted during any one month.

H. MINIMUM QUALIFICATIONS:

1. All CONTRACTORS are required to hold a current California-Nevada American Water Works Association (CA/NV AWWA) Prevention Assembly Tester certification. A complete list of all testers and a copy of their current certification will be required prior to testing. No testing or test reports will be accepted if certification has expired.

CA/NV American Water Works Association – Certification: https://www.ca-nvawwa.org/canv/CNS/Professional_Certification/CNS/Certification/Certification.aspx?hkey=08011bb 7-c2de-4282-81ea-4d7875e10b84
The Awarded CONTRACTOR must also have a City of Modesto business license.

2. All required certifications expiring during contract period must be renewed and copies supplied to CITY a minimum of thirty (30) days prior to expiration date.

3. Test kits must be those approved by the University of Southern California Foundation for CrossConnection Control and approved by appropriate water purveyors. It is the responsibility of the CONTRACTOR to ensure that test equipment being used is approved by the appropriate water purveyor and that all records of calibrations of said devices are submitted to the water purveyor at the assigned intervals as required by the water purveyor.

USC Foundation for Cross-Connection Control and Hydraulic Research – List of Approved Field Test Kits: https://fccchr.usc.edu/fieldtestkitslist.html

1.1 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the City "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

1.2 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 783 -
22 1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.3 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.

The successful bidder shall maintain a City of Modesto business license for the duration of the contract.

1.4 INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, 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 registered mail, return receipt requested, for all of the following stated insurance policies.

A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

B. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.

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. Pollution Liability – Pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided.

Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated.

Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 784 -
23 conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONTRACTOR's insurance policy(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. For any claims related to this project, the CONTRACTOR’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 Contractor’s insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

The successful bidder shall maintain proper insurance with the City for the duration of the contract.

1.5 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work or parts and materials as specified on the work request.

The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.6 CHARACTER OF WORKERS:

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

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 785 -
24 1.7 LABOR FORCE AND SUPERVISION:

The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.

1.8 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay.

1.9 ADDITIONAL AND EMERGENCY PROTECTION:

Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 786 -
25 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING AND EMERGENCY REPAIRS

GENERAL TERMS AND CONDITIONS

2.0 BID SUBMITTAL:

Bidders should submit two “inked” (preferably blue ink) signed original bid documents, plus two (2) copies of the signed original bid document and One (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

A contract shall be awarded to the bidder whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.1 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
 Bid Acknowledgement (Signature Form)
 Pricing Schedule (Signature Form)
 Exceptions, Clarifications, Amendments (if applicable)  References
 Financial Interest Disclosure (Signature Form)
 Support of Local Vendors (if applicable)
 Company History Statement
 Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 787 -
26 2.1.2 BID PRESENTATION:

Bid submittals should be presented in the order as listed in Section 2.1.1 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-03, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this contract and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

2.4 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits and insurance necessary to perform the required services shall be included in bid pricing.

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pickup materials.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted

2.6 AWARD OF BID:

Contracts may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.

The City reserves the right to select that bid, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

2.7 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 788 -
27 If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.8 SUPPORT OF LOCAL VENDORS:

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

2.9 TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of the City, for a total of five (5) years.

A. Pricing shall remain firm (other than fuel) for the first two (2) years of any contract, which may be awarded pursuant to this RFB.

B. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Web site: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/,California data.

C. Price increases (other than fuel) for subsequent contract years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

2.10 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 789 -
28 2.11 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.12 FUNDING:

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

2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.14 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.15 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 790 -
29 2.16 DRUG FREE WORKPLACE:

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

2.17 INDEMNITY:

The Contractor 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, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.

2.18 ASSIGNMENT OF RIGHTS:

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

2.19 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.20 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 791 -
30 E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.21 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.22 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the Contractor or his employees or agents, the Contractor will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.23 LABOR FORCE AND SUPERVISION:

CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed.

CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.

2.24 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

Procurements valued at $50,000 or less normally will not have an Announced Decision.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 792 -
31 A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 793 -
32 The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision.

The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.

The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 794 -
33 C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 795 -
34 case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:
 Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the vehicles by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.
 Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Agreement. This Agreement may be modified and subject to change.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 796 -
35 SAMPLE AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and ______________ hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_______ authorizing the award of bid and contract for the furnishing of Backflow Testing & Repair Services to ______________________ attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 2122- 03 for Backflow Testing & Repair Services that best meets CITY needs, and WHEREAS, the CONTRACTOR shall provide services to CITY as defined in the “Submittal”, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Backflow Testing & Repair Services, as described in RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Backflow Testing & Repair Services, in strict accordance with the conditions of the complete Contract. b. CONTRACTOR shall do and perform the work in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 797 -
36 e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the service defined for the following contracted rates, not to exceed $__________ annually:

2. CITY CONTACT:

Kathy Crandall, Buyer Ph: (209) 577-5420
Purchasing Department Ph: (209) 577-5405
Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

3. TERM OF CONTRACT:

The term of the contract shall be for a period of two (2) years, with three (3) one-year extension options.

Year 1: May 1, 2022 through April 30, 2023
Year 2: May 1, 2023 through April 30, 2024
Year 3: May 1, 2024 through April 30, 2025
Year 4: May 1, 2025 through April 30, 2026
Year 5: May 1, 2026 through April 30, 2027
This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in written form.

Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 798 -
37 4. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager. 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 CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 and $2,000,000 aggregate 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 Contractors 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) Waiver of Subrogation - Form required
(e) Additional Insured Status-endorsement – The City of Modesto its officers, officials, employees, agents and volunteers are to be covered as additional insureds.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 799 -
38 If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance polices required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects 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 of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above.

Every endorsement shall identify the policy number.

CONTRACTOR shall provide CITY with separate an endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. In addition, CONTRACTOR 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.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 800 -
39 For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its agents, officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its agents, officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s Risk Services Division evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

5. PAYMENT:

CONTRACTOR shall invoice CITY on a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document.

The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:
 Reference Annual Agreement #: _____________________
 City department/division name and address
 Billing period
 Unit price, extended price, sales tax and total

6. INDEMNITY:

The CONTRACTOR 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 DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 801 -
40 damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’S employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6.

7. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto, California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 802 -
41 well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

8. GOVERNING LAW:

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

9. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof; b. Bid Submittal, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof;

10. TERMINATION OF SERVICES:

Termination by City for Default of CONTRACTOR
Should CONTRACTOR 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 CONTRACTOR. 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 Contractor, dishonesty or theft.

Termination by City for Convenience
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 803 -
42 The City may also terminate the CONTRACTOR’S performance under the 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 the Agreement for convenience, and shall endeavor to provide the Contractor 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 CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors 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 Sub-contractors, but in no event shall recovery by any CONTRACTOR or Sub-contractors 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 CONTRACTOR in performing the Work whether completed or in process;
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 804 -
43 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, CONTRACTOR shall provide sufficient oral or written status reports to make City reasonably aware of the status of CONTRACTOR’S work on the project.
i. The CONTRACTOR understands and agrees that City may, in City's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR’S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

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 CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 805 -
44 City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. COMPLIANCE WITH ALL LAWS:

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

12. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof; b. Response to Request for Bid (RFB) and Specifications NO. 2122-03 For Backflow Prevention Testing & Repairs, attached hereto as Exhibit “B” and made a part hereof; c. RFB 2122-03, attached hereto as Exhibit “C” and made a part hereof; d. Proof of Insurance
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

13. NOTICES:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 806 -
45 Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR _______________________
_______________________
_______________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

14. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

15. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

16. 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.

17. HEADINGS NOT CONTROLLING.

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

18. MISCELLANEOUS:

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 807 -
46 Time is of the essence in every provision of this contract.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City.

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

20. PARTIAL INVALIDITY.

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by 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 _____________________, 2022 and _____________________has caused this Agreement to be duly executed.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 808 -
47 A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ (Signature)
CITY Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ DANA SANCHEZ (Signature)
Interim City Clerk
By: _________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ
Acting City Attorney
By:_____________________________
CHRISTINA D. ALGER
City Human Resources Manager (Risk)
Signature Requirements
Corporation:

1.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 809 -
48 PRICING SCHEDULE PAGE 1
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-03

BACKFLOW TESTING & EMERGENCY REPAIRS
PRICING SCHEDULE PAGE 1
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, and Amendments page”.

All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 40-45 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

ENTER QUOTE PER SINGLE UNIT IN EACH SIZE CATEGORY

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco for parts/materials, however the City may contain devices from other manufacturers such as Ames, Rain Bird, Watts and Wilkins List Unit Price
Estimated
Annual Quantity:
6 +/- 50 +/- 65 +/- 130 +/- 13 +/- 50 +/- 6 +/-
Size: ¾" 1" 1-½" 2" 3" 4" 6"
Double Check
(DC) $ $ $ $ $ $ $
Pressure Vaccum
Breaker (PVB) $ $ $ $ $ $ $
Reduce Pressure
(RP) $ $ $ $ $ $ $
TOTAL $ $ $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 810 -
49 PRICING SCHEDULE PAGE 2
Modesto Fire Department
All labor, materials/hardware, tools, equipment, licenses, mileage and insurance necessary to perform the required job shall be included in bid pricing. Quote shall include cost to conduct annual testing and certification (averaging approximately 2 units per month), make minor adjustments and prepare written diagnosis with recommendations for corrective measures as necessary. Monthly communication with contract administrator for units tested and or emergency repairs needed. Provide hourly cost for emergency repairs per size of unit.

PAYMENT OF PREVAILING WAGES REQUIRED
Manufacturer / Type over 90% are Febco, for Parts/Materials however the City may contain devices from other manufacturers such as Ames, Rain, Watts and Wilkins List Unit Price (Per Test)
Estimated
Annual
Quantity:
2 1 2 9 1
Size: ¾" 1-1/4” 1-½" 2" 8”
Double
Check (DC) $
Double
Check
Detector
Assembly
(DCDA) $
Pressure
Vacuum
Breaker
(PVB) $
Reduce
Pressure (RP) $
TOTAL $ $ $ $ $
Please provide your markup percentage _________% NTE 10%.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 811 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 8, 2022
Date: February 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: Agreement for Backflow Testing and Emergency Repairs CONTACT: Kelly Gallagher, Park Operations Manager, [email protected], (209)342-2270
DESCRIPTION:

Consider approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years. (Funding Source: General Fund, Airport and Centre Plaza Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The State of California Health and Safety Code requires annual testing of each backflow prevention assembly owned and operated by the City. Pursuant to Modesto Municipal Code 11-

1.113 and California Health and Safety Codes 116800-116820, all backflow prevention assemblies are to be tested annually at the owner/water (City’s) account holder’s expense.

An informal bid for Backflow Prevention Testing Services was issued in 2016. At the time, it was estimated services would not exceed $10,000 annually. In 2018, a purchasing agreement for five years was executed under the City Manager’s authority, in an amount not to exceed $49,000.

On April 27, 2021, by Resolution 2021-160, Council approved an amendment to the Agreement to increase the amount of funding by $13,000 from $49,000 to a new total of $62,000 for the last year of the five-year agreement.

DocuSign Envelope ID: D113F5E0-A613-4AA6-93B1-B5F972CE22C3 #19..
- 812 -
City Council, March 8, 2022
Purchase Agreement for Backflow Prevention Testing Services