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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 14, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, - 2 -
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programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Dallas Jackson, Renew Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of the Audrey Nelson Community Development - Achievement Award to the City of Modesto for its partnership with the Downtown Streets Team. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring May 19-25, 2024 as National Public Works Week in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the - 3 -
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consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes for the May 7, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the May 7, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3779-C.S. amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3779-C.S. amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider calling for the holding of a Municipal Election to be held on November 5, 2024, requesting the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to conduct the Election on behalf of the City of Modesto and Modesto City Schools; and adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an Election to be held on Tuesday, November 5, 2024. (Funding Source: General Fund)
Staff Recommendation:
Resolution of the City of Modesto calling for the holding of a Municipal Election to be held on November 5, 2024, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the - 4 -
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Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools. Resolution adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 5, 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul LLP in the amount of $150,000, for a total revised agreement amount not to exceed $550,000, and a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust rates for continued representation in police related matters. (Funding Source: General Liability Insurance Fund) Staff Recommendation:
Resolution approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total revised Agreement amount not to exceed $550,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
Resolution approving a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
7. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
8. Consider accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 5 -
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Consent
9. Consider authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project. (Funding Source: State of California ATP Grant Funds and Local Funds – Measure L) Staff Recommendation:
Resolution authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
10. Consider approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99. (Funding Source: Measure L and Capital Facilities Fee) Staff Recommendation:
Resolution approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99 and authorizing the City Manager, or his designee to execute the Cooperative Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
11. Consider approving the Agreement for the purchase of operational supplies with The Home Depot USA. Inc, for a total amount not to exceed $1,600,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreement for the purchase of operational supplies to The Home Depot USA. Inc by utilizing the Competitive Bidding Process from Maricopa County, AZ for a two-year Agreement with three one-year extension options, for an annual estimated amount of $320,000 and a total amount not to exceed $1,600,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
12. Consider approving the purchase of various Fleet Additions and Replacement of Fleet Vehicles which include four Half-Ton Crew Cab Short Bed Pickup Trucks and five Half-Ton Extended Cab Short Bed Pickup Trucks in an amount not to exceed $608,388. (Funding Source: Fleet Replacement Fund and Measure H) - 6 -
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Staff Recommendation:
Resolution approving the Award of Bid and purchase for four Half Ton Crew Cab Short Bed Pickup Trucks to Napa Ford, Napa, CA in an amount not to exceed $240,754; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price, for a total amount not to exceed $276,868.
Resolution approving the Award of Bid and purchase for five Half-Ton Extended Cab Short Bed Pickup Trucks to Napa Ford, Napa, CA in an amount not to exceed $288,234; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price, for a total amount not to exceed $331,470.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
13. Consider approving the purchase of protective helmets to L.N. Curtis and Sons DBA Curtis Blue Line, Walnut Creek, CA, for a total amount not to exceed $170,383. (Funding Source: Asset Forfeiture Funds)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from National Purchasing Partners LLC, DBA NPPGov, League of Oregon Cities, with L.N.
Curtis and Sons DBA Curtis Blue Line, Walnut Creek, CA, for the purchase of protective helmets for a total amount not to exceed $170,383; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Felton Payne, 209-572-9500, [email protected] Consent
14. Consider accepting the Modesto Police Department’s annual Military Equipment Report approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2024-2025. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill No. 481, and approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2024-2025 and rescinding Ordinance No. 3763-C.S.
Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected] Consent
15. Consider approving the Second Amendment for the city-wide pest control services to a - 7 -
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revised total amount of $393,410 and extend the term of the Agreement from April 30, 2024, to April 30, 2026. (Funding Source: Building Maintenance ISF) Staff Recommendation:
Resolution approving the Second Amendment to the Agreement with Clark Pest Control Inc., Modesto CA, for a city-wide pest control services to execute the year six and year seven extension options and increasing by $9,300 from $52,630 to a new estimated annual amount of $61,930 with a revised total amount not to exceed $393,410, extending the term of the Agreement from April 30, 2024, to April 30, 2026, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Gabe da Silva, 209-652-2579, [email protected] Consent
16. Consider approving a Purchasing Agreement with MSC Industrial Supply Co. Inc., W.
Sacramento, CA for the purchase and maintenance of bin stock items for a total amount not to exceed $1,150,764, over five years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving a Purchasing Agreement with MSC Industrial Supply Co.
Inc., W. Sacramento, CA., by utilizing the Competitive Bid Process with Sourcewell, for the purchase and maintenance of bin stock items, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $204,000, and a total amount not to exceed $1,150,764, over five years, and authorizing the Director of Finance, or her designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on April 2, 2024
17. Hearing to consider a Second Reading and Final Adoption of Ordinance 3780-C.S., and a Resolution, to renew the Modesto Tourism Marketing District and levy assessments, pursuant to the Property and Business Improvement District Law of 1994, for a special benefit assessment district for tourism marketing services with a ten-year term. (Funding Source: Modesto Tourism Marketing District) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3780-C.S. of the City of Modesto declaring formation of the Modesto Tourism Marketing District, pursuant to the Property and Business Improvement District Law of 1994, for a renewed ten-year term.
Resolution declaring formation of the Modesto Tourism Marketing District, pursuant to the Property and Business Improvement District Law of 1994, for a renewed ten-year term.
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CED; Trevin Barber, 209-860-1251, [email protected] Published in the Modesto Bee on April 24, 2024.
18. Hearing to consider an Ordinance amending Compensation for the Mayor and Councilmembers’ Salaries pursuant to the Citizens’ Salary Setting Commission’s Final Recommendations pursuant to Modesto Charter Section 703. (Funding Source: General Fund) (Funding Source: General Fund)
Staff Recommendation:
Motion Introducing and waiving the first reading of an Ordinance amending Sections 2-1.24 “Compensation of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Published in the Modesto Bee on May 3, 2024
19. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Mediwest Non-Emergency Medical Transportation in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Mediwest Non-Emergency Medical Transportation in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]
NEW BUSINESS
20. Consider directing staff to prepare a Request for Proposals (RFP) for the purpose of issuing one commercial cannabis retail permit under the City of Modesto’s Cannabis Equity Program (Providing Local Equity Development Grants and Education (PLEDGE)). (Funding Source: Cannabis Application Fee)
Staff Recommendation:
Resolution directing staff to prepare a Request for Proposals (RFP) for the purpose of issuing one commercial cannabis retail permit under the City of Modesto’s Cannabis Equity Program (Providing Local Equity Development Grants and Education (PLEDGE)).
CED; Sean Rando, 209-577-5473, [email protected]
21. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2024-25 and noticing a Public Hearing to be held on June 4, 2024, for Council’s consideration and adoption of the Fiscal Year 2024-25 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
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Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2024-25 and noticing a Public Hearing to be held on June 4, 2024, for Council’s consideration and adoption of the Fiscal Year 2024-25 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, MAY 14, 2024 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
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Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 07, 2024 at 5:30 PM
Roll Call - Present: Councilmembers Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Reedemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Council Member Williams Item 17 Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Closed Session items.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 5th - 11th as National Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring May 5th - 11th as National Public Service Recognition Week.
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2. Proclamation declaring May as National Older Americans Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring May as National Older Americans Month.
3. Proclamation declaring National Salvation Army Week of May 13th – May 19th. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring National Salvation Army Week of May 13th – May 19th.
PUBLIC COMMENT IN PERSON
• Derek Castle expressed gratitude to the Salvation Army and stresses the need for bridge housing in Modesto due to job loss or illness. He proposes expanding the successful model of the Family Promise Organization, which partners with local churches to provide temporary housing for families. He cites examples of churches already involved and notes the lack of negative impacts on neighborhoods. He calls for collaboration between faith communities, Family Promise Organization, and the City to expand the program, utilizing vacant church spaces. He expressed optimism about ongoing discussions to facilitate this partnership.
• Kevin Mclarty expressed gratitude to the Mayor, Council, Modesto Police Department, and Modesto Fire Department for their assistance during a previous health emergency.
He commends Mayor Zwahlen's nursing skills and compassion. He raised concerns about the delayed opening of the remodeled train station on Ninth Street due to overhead wires, despite not observing any. He seeks clarification on this issue.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-14: (Wright/Zwahlen 6/0; Escutia-Braaton Absent)
CONSENT
Consent
4. Consider approving the minutes for the April 23, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the April 23, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Motion approving the minutes for the April 23, 2024 Council Meeting.
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Consent
5. Consider approving Final Adoption of Ordinance 3778-C.S. repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adultoriented businesses. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3778-C.S. repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and nonperformers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Motion approving Final Adoption of Ordinance 3778-C.S. repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
Consent
6. Consider the annexation of Assessor Parcel Number (APNs) 077-008-039 and 077- 008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and authorization of the levy of special tax on the properties located within the annexation map. (Funding Source:
Developer Deposit)
Resolution of Intention to annex Assessor Parcel Numbers (APNs) 077-008- 039 and 077-008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and to authorize the levy of special tax on the properties located within the annexation map (Annexation #20).
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution of Intention 2024-138 to annex Assessor Parcel Numbers (APNs) 077-008-039 and 077- 008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and to authorize the levy of special tax on the properties located within the annexation map (Annexation #20).
Consent
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7. Consider accepting the Monthly Investment Report for February 2024. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for February 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Motion accepting the Monthly Investment Report for February 2024.
Consent
8. Consider accepting an informational report for the March 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an informational report for the March 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Motion accepting an informational report for the March 2024 Accounts Payable Payment Register and Void Report.
Consent
9. Consider accepting an Informational Report on the January and February 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the January and February 2024, Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Motion accepting an Informational Report for the January and February 2024, Grant Applications and Awards.
Consent
10. Consider approving the Second Amendment for Backflow Prevention Testing Services to a revised total amount not to exceed $650,000. (Funding Source: Various Funds) Resolution approving the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 from $225,000 to a new total amount not to exceed $650,000; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-139 approving the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 #3..
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from $225,000 to a new total amount not to exceed $650,000; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
11. Consider approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility in the amount of $96,062, to a revised total amount not to exceed $193,117 over the term of the original Agreement. (Funding Source: Compost Facility Improvement Fund) Resolution approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the Agreement amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Rahimullah Sabur, 209-577-5145, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-140 approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the Agreement amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
12. Consider approving the Plans and Specifications for the Jennings Well Treatment Improvements Project accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing 15% for contingency, if needed, for a total payment amount not to exceed $1,306,055 and approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for a total amount not to exceed $86,570. (Funding Source: Wastewater Fund)
Resolution approving the Plans and Specifications for the Jennings Well Treatment Improvements Project; accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $170,355, 15% of the original contract price, for a total payment amount not to exceed $1,306,055 and authorizing the City Manager, or his designee, to execute the Contract. Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for the Jennings Well Treatment Improvements Project, in the amount of $78,700, plus $7,870 in additional services, if needed, for an Agreement total amount not to exceed $86,570 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,666,175 to fund the Construction Phase of the #3..
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Jennings Well Treatment Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-141 approving the Plans and Specifications for the Jennings Well Treatment Improvements Project; accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $170,355, 15% of the original contract price, for a total payment amount not to exceed $1,306,055 and authorizing the City Manager, or his designee, to execute the Contract.
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-142 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for the Jennings Well Treatment Improvements Project, in the amount of $78,700, plus $7,870 in additional services, if needed, for an Agreement total amount not to exceed $86,570 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-143 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $1,666,175 to fund the Construction Phase of the Jennings Well Treatment Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Consent
13. Consider accepting the Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2 as complete; approving the annexing of the improvements into Modesto Municipal Sewer District No. 1, and the issuance of a blanket Will Serve Letter. (Funding Source: Wastewater Fund)
Resolution accepting the Spencer/Marshall Neighborhood Sewer Improvements (Pocket Area 7), Phases 1 & 2 as complete, and annexing the improvements into Modesto Municipal Sewer District No. 1.
Resolution approving a blanket Will Serve Letter for 44 parcels in the Spencer/Marshall Neighborhood, Pocket Area 7, Phases 1 & 2, allowing connection to the City of Modesto’s Sanitary Sewer System, and authorizing the City Manager, or his designee, to execute the Will Serve Letter.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-144 accepting the Spencer/Marshall Neighborhood Sewer Improvements (Pocket Area 7), Phases 1 & 2 as complete, and annexing the improvements into Modesto Municipal Sewer District No. 1.
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ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-145 approving a blanket Will Serve Letter for 44 parcels in the Spencer/Marshall Neighborhood, Pocket Area 7, Phases 1 & 2, allowing connection to the City of Modesto’s Sanitary Sewer System, and authorizing the City Manager, or his designee, to execute the Will Serve Letter.
Consent
14. Consider approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172 for an Agreement total revised amount not to exceed $2,162,570. (Funding Source: Water Fund) Resolution approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570 and authorizing the City Manager, or his designee, to execute the Amendment. Resolution amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $26,172 to be transferred into the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-146 approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570 and authorizing the City Manager, or his designee, to execute the Amendment.
ACTION: (Wright/Zwahlen; 6/0; Escutia-Braaton Absent) Resolution 2024-147 amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $26,172 to be transferred into the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
COUNCIL COMMENTS & REPORTS
Council Member Ricci highlighted the absence of local media outlets in Modesto, emphasizing the need for revitalization to preserve local stories and history. He expressed enthusiasm for updating City Ordinances concerning landmarks and architectural codes.
Council Member Williams shared experiences from recent community events, including the King Kennedy Center's Cinco de Mayo festivities and a graduation ceremony for minority boys.
He also attended a police mount dinner and a car show at Fourth Street Park. #3..
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Council Member Wright commended the production of the "Camp to Home" documentary, emphasizing its significance in showcasing local initiatives. He encouraged others to watch the documentary on the City's website.
Mayor Zwahlen provided updates on her engagements, including speaking at Modesto Junior College, and attending various community events and ceremonies, expressing appreciation for the positive outlook on the future of the county.
Vice Mayor Alvarez focused on public safety, acknowledging federal funding secured for Modesto's 911 call center and highlighting statistics showing reductions in crime rates. He also promoted community events like the Farmers Market and First Fridays. He praised the car community's contributions and announced plans for an exhibition featuring local lowriders and Chicano culture at the McHenry Museum.
CITY MANAGER COMMENTS & REPORTS
None
UNFINISHED BUSINESS
15. Consider approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center program with a term of May 1, 2024 to September 30, 2024 for an amount not to exceed $262,680; approving a First Amendment for an extension to the Safe Parking program to September 30, 2024 in an additional amount not to exceed $103,033 for a total revised amount of $264,755; approving an Agreement with the Salvation Army for operation of the Berberian Shelter from January 1, 2024 to May 31, 2024 in an amount not exceed $375,000 in ESG-CV funds; and approving a Modesto Forward Grant Agreement with the Salvation Army for operation of the Berberian Shelter from June 1, 2024 to September 30, 2024 in amount not to exceed $300,000. (Funding Source: Cares Act Emergency Solutions Grant and American Rescue Plan Act Funds)
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center in the amount not to exceed $262,680 with a term of May 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute the Agreement for the continued operations of the program.
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $300,000, with a term of June 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute an Agreement for the operations of the program.
Resolution approving an Agreement with the Salvation Army for the operation of the Berberian Shelter in an amount not to exceed $375,000 in ESG-CV funds to support shelter operations with a term from January 1, 2024, through May 31, 2024, and authorizing the City Manager or his designee to negotiate and execute the Agreements.
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Resolution approving a First Amendment to the Agreement with The Salvation Army for the operation of the Safe Parking program in the amount not to exceed $103,033 for a grand total amount of $264,755, extending the term to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute any required an Agreement for the operations of the program and to take the necessary steps to implement the provisions of this resolution.
Resolution amending the Fiscal Year 2023-2024 Multi-Year Fund Budget for project number 101460 for the Salvation Army’s Day Center, Berberian Shelter, and Safe Parking programs using Emergency Solutions Grant Cares Act (ESG-CV) reallocated funds and American Rescue Plan Act (ARPA) funds and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Williams; 5/1; Bavaro No; Escutia-Braaton Absent) Resolution 2024-148 approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center in the amount not to exceed $262,680 with a term of May 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute the Agreement for the continued operations of the program.
ACTION: (Wright/Williams; 5/1; Bavaro No; Escutia-Braaton Absent) Resolution 2024-149 approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $300,000, with a term of June 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute an Agreement for the operations of the program.
ACTION: (Wright/Williams; 5/1; Bavaro No; Escutia-Braaton Absent) Resolution 2024-150 approving an Agreement with the Salvation Army for the operation of the Berberian Shelter in an amount not to exceed $375,000 in ESG-CV funds to support shelter operations with a term from January 1, 2024, through May 31, 2024, and authorizing the City Manager or his designee to negotiate and execute the Agreements.
ACTION: (Wright/Williams; 5/1; Bavaro No; Escutia-Braaton Absent) Resolution 2024-151 approving a First Amendment to the Agreement with The Salvation Army for the operation of the Safe Parking program in the amount not to exceed $103,033 for a grand total amount of $264,755, extending the term to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute any required an Agreement for the operations of the program and to take the necessary steps to implement the provisions of this resolution ACTION: (Wright/Williams; 5/1; Bavaro No; Escutia-Braaton Absent) Resolution 2024-152 amending the Fiscal Year 2023-2024 Multi-Year Fund Budget #3..
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for project number 101460 for the Salvation Army’s Day Center, Berberian Shelter, and Safe Parking programs using Emergency Solutions Grant Cares Act (ESG-CV) reallocated funds and American Rescue Plan Act (ARPA) funds and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution
Recessed: 7:14 p.m.
Reconvened: 7:19 p.m.
HEARINGS
Published in the Modesto Bee on April 26, 2024.
16. Hearing to consider an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code. (Funding Source: General Fund) Motion introducing and waiving the first reading of an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code.
CITY ATTONEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Alvarez/Ricci; 6/0; Escutia-Braaton Absent) Motion introducing and waiving the first reading of Ordinance 3779-C.S. amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code.
(Council Member Williams Recused - due to Conflict of Interest) Published in the Modesto Bee on April 7, 2024.
17. Hearing to accept and approve the 2024-2025 Annual Action Plan, 2024-2025 annual U.S Department of Housing and Urban Development allocation in the estimated amount of $2,861,451, and to submit the 2024-2025 Annual Action Plan including applicable documentation, as required by U.S. Department of Housing and Urban Development. (Funding Source: HUD Entitlement Funding)
Resolution approving the 2024-2025 Annual Action Plan, 2024-2025 annual U.S Department of Housing and Urban Development allocation in the estimated amount of $2,861,451, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, Contracts, amend #3..
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allocations, incorporate comments received prior to the close of the public comment period, make any other technical alterations as required by U.S.
Department of Housing and Urban Development, or other documentation required for implementation and acceptance of the Program Year 2024-2025 Annual Action Plan funding, and authorization to submit the 2024 Annual Action Plan including applicable documentation and to make the necessary steps to implement the provision of this resolution.
Resolution approving the actual allocation of funds outlined in the final Program Year 2024-2025 Annual Action Plan budget to reflect the proposal submitted to the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Alvarez; 5/0; Williams Recused; Escutia-Braaton Absent) Resolution 2024-153 approving the 2024-2025 Annual Action Plan, 2024-2025 annual U.S Department of Housing and Urban Development allocation in the estimated amount of $2,861,451, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, Contracts, amend allocations, incorporate comments received prior to the close of the public comment period, make any other technical alterations as required by U.S. Department of Housing and Urban Development, or other documentation required for implementation and acceptance of the Program Year 2024-2025 Annual Action Plan funding, and authorization to submit the 2024 Annual Action Plan including applicable documentation and to make the necessary steps to implement the provision of this resolution.
ACTION: (Wright/Ricci; 5/0; Williams Recused; Escutia-Braaton Absent) Resolution 2024-154 approving the actual allocation of funds outlined in the final Program Year 2024-2025 Annual Action Plan budget to reflect the proposal submitted to the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
NEW BUSINESS
18. Consider approving a Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments. (Funding Source: Not Applicable)
Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Alvarez/Williams; 6/0; Escutia-Braaton Absent) Resolution 2024-155 setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments.
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19. Consider an Ordinance to renew the Modesto Tourism Marketing District pursuant to the Property and Business Improvement District Law of 1994 for the renewal of a special benefit assessment district for tourism marketing services with a ten-year term. (Funding Source: Modesto Tourism Marketing District)
Motion introducing and waiving the first reading of an Ordinance declaring formation of the Modesto Tourism Marketing District pursuant to the Property and Business Improvement District Law of 1994 for a renewed ten-year term.
CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Ricci/Wright; 6/0; Escutia-Braaton Absent) Motion introducing and waiving the first reading of Ordinance 3780-C.S. declaring formation of the Modesto Tourism Marketing District pursuant to the Property and Business Improvement District Law of 1994 for a renewed ten-year term.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:42 p.m.
All Closed Session Matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees
Attest:____________________________
Diane Nayares-Perez, City Clerk
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- 1 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
ORDINANCE NO. 3779-C.S.
ORDINANCE AMENDING SECTION 3-1.303 OF THE MODESTO MUNICIPAL CODE, TITLED “ADMINISTRATIVE PENALTIES AND REMEDIES,” TO INCREASE
THE ADMINISTRATIVE FINES FOR VIOLATIONS OF THE FIRE CODE, INCLUDING ILLEGAL FIREWORKS VIOLATIONS, ADDING SECTION 3-1.304
RELATED TO THIRD PARTY ADMINISTRATIVE CITATIONS, ADDING SECTION 3-1.305 RELATED TO RESPONSE COSTS AND MAKING OTHER CHANGES
RELATED TO ENFORCEMENT AND ADMINISTRATION OF THE FIRE CODE WHEREAS, illegal fireworks pose a danger to life and property and are offensive to public peace; and
WHEREAS, each year, serious injuries and property damage occur from fires sparked by illegal fireworks; and
WHEREAS, the use of illegal fireworks is also detrimental to sensitive populations such as veterans experiencing Post Traumatic Stress Disorder, children, and animals and their owners; and
WHEREAS, in past years, the City has issued administrative fines to penalize and deter the use and possession of illegal fireworks; and
WHEREAS, the City of Modesto continues to experience a high number of individuals using illegal fireworks; and
WHEREAS, based on the continued use of illegal fireworks throughout the years in the City of Modesto, staff recommends amending the Municipal code to increase current penalties to help curb this illegal activity; and
WHEREAS, staff is also recommending making other amendments related to enforcement and administration of the Fire Code.
NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. AMENDMENTS:
1. The City of Modesto Municipal Code Title 3, Chapter 1 is hereby amended by #4..
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- 2 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
amending the following sections to read as follows:
Section 3-1.215(c) of the City’s Municipal Code is hereby amended to read as follows:
3-1.215 Possession, Manufacture, Sale, Use or Discharge of Dangerous Fireworks. (c) The Fire Code Official, or designee, shall seize, take, remove or cause to be removed, at the expense of the owner, all dangerous fireworks offered or exposed for sale, stored, or possessed in violation of this chapter.
Section 3-1.218(2)(A) of the City’s Municipal Code is hereby amended to read as follows:
3-1.218 Sales of Fireworks.
(2) Sales permits for the sale of "Safe and Sane" fireworks in the City of Modesto shall be issued only to local nonprofit organizations and existing local for-profit organizations as defined herein.
(A) A "nonprofit organization" shall mean any nonprofit association, club, or corporation organized for veteran, patriotic, welfare, religious, civic betterment, youth or charitable purposes, as defined by Section 501(c) of the Internal Revenue Code of the United States, or affiliated with a public, private, or charter school located within the city limits of Modesto. Each new organization shall provide the City with a copy of their "Letters of Incorporation" as proof of their nonprofit status. Existing organizations shall submit verification of current corporation status from the State of California Secretary of State's Office. Those organizations that are an integral part of a recognized national organization having tax exempt status must provide IRS written verification of such status. All applications will be subject to additional verification with the State of California and IRS if nonprofit status comes into question.
Section 3-1.218(3) of the City’s Municipal Code is hereby amended to read as follows:
3-1.218 Sales of Fireworks.
(3) Sales permits for retail sales of California State Fire Marshall approved "Safe and Sane" fireworks in the City of Modesto issued pursuant to provision of this Code are not transferable by the holder of the permit. The sales permits may be used only by the organization to which they are issued. Violations will result in the immediate loss of the organization's sales permit.
Section 3-1.219(1)(A) and (1)(B) of the City’s Municipal Code is hereby amended to read as follows:
3-1.219 Sales, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby adopted by reference, in addition to the following:
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- 3 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Modesto, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official.
Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July
6. The storage of fireworks within the City of Modesto is limited to State of California Fire Marshal-approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.
(A) Wholesale Storage. Wholesalers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code. (B) Retailers Storage. Retailers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times.
(2) In a completely enclosed and locked utility type trailer constructed of onefourth (1/4) inch plywood or other approved noncombustible material. (3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no openflame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.
(4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.
Section 3-1.219(3)(1) of the City’s Municipal Code is hereby amended to read as follows:
3-1.219 Sales, Storage, Use, and Handling of Fireworks.
3. Temporary Fireworks Stands.
(1) All retail sales of California State Fire Marshall approved "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
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- 4 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
Section 3-1.303 of the City’s Municipal Code is retitled and the introduction and Sections 3-
1.303(a) and (b) of the City’s Municipal Code are hereby amended to read as follows:
3-1.303 Administrative Penalties, Remedies, and Social Host Liability.
Illegal fireworks pose a danger to life and property and are offensive to the public peace and morals of the community. The City Council hereby declares the possession, manufacture, sale, use or discharge of dangerous and illegal fireworks to be a public nuisance. Such nuisance may be abated in the manner set forth in the Modesto Municipal Code and provided by law for the abatement of public nuisances.
In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of the Modesto Municipal Code, or any responsible party as defined herein for violating any of the requirements set forth in this chapter. Any administrative penalties assessed shall be as follows:
(a) For violations of Section 3-1.215 manufacture and sale, of dangerous fireworks, the administrative penalty shall be ten thousand dollars ($10,000) for each specific act found to be in violation of that section. For violations of Section 3-1.215, possession, use, or discharge of dangerous fireworks, the administrative penalty shall be two thousand dollars ($2,000) for the first violation, three thousand dollars ($3,000) for a second violation within any thirty-six (36) month period, and four thousand dollars ($4,000) for any subsequent violations within any thirty-six (36) month period. (b) For all violations of this chapter, other than Section 3-1.215 possession, manufacture, sale, use or discharge of dangerous fireworks, the amount of the administrative penalty shall be five hundred dollars ($500) for the first violation, one thousand ($1,000) for a second violation within any twelve (12) month period, and one thousand five hundred ($1,500) for any subsequent violations within any twelve (12) month period.
SECTION 2. ADDITIONS:
2. The City of Modesto Municipal Code Title 3, Chapter 1, Article 3 is hereby amended by adding Sections 3-1.304, “Third-Party Administrative Citations,” and 3-1.305, “Response Cost” to read as follows:
3-1.304 - Third-Party Administrative Citations.
(a) Whenever two or more private, adult persons observe a violation of section 3-1.215 of the Modesto Municipal Code pertaining to possession, manufacture, sale, use or discharge of dangerous fireworks, they may request that an administrative citation be issued to a responsible party by an enforcement officer. The private persons will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation #4..
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- 5 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
of section 3-1.215, and may be required to testify at an administrative hearing as provided in the Modesto Municipal Code if the administrative citation is appealed. Failure of the private persons to testify at an administrative hearing if required by the department prosecuting the violation on behalf of the private persons may result in a dismissal of the administrative citation. The enforcement officer shall have the discretionary authority to issue an administrative citation to a responsible party where, on the basis of an affidavit and any other available evidence, a violation of section 3-1.215 of the Modesto Municipal Code has occurred.
(b) Each third-party administrative citation shall contain:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of this Code violated and a description of the violation;
4. The amount of the fine for the Code violation;
5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;
6. An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
8. The name, signature and department issuing the citation on behalf of the private persons.
(c) Each third-party administrative citation shall be accompanied by an affidavit from the private persons setting forth a description of the violation as observed by the private persons signed under penalty of perjury.
3-1.305 - Response Cost.
(a) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this article, the City shall be entitled to recover from any person found to be in violation of any provision of this article, the City's full response costs. (b) For purposes of this article, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the City for a response to a complaint of discharging illegal fireworks prohibited under this article and shall include the cost of providing police, code enforcement, fire, and/or other emergency response services at the scene to include, but not limited to:
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EFFECTIVE DATE: June 13, 2024
1. Salaries and benefits of code and/or law enforcement and/or fire and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such illegal fireworks, and the administrative costs attributable to such responses;
2. The cost of any medical treatment to or for any code and/or law enforcement and/or fire and/or emergency personnel injured while responding to, remaining at, or leaving the scene; and
3. The cost of repaying for any City equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at or leaving the scene.
(c) The expense of a response cost shall be a charge against the responsible party liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses.
SECTION 3. SEVERABILITY.
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the #4..
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EFFECTIVE DATE: June 13, 2024
environment because it does not authorize the construction of any new structures or other physical changes to the environment.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION.
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted. #4..
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- 8 - ORDINANCE NO. 3779-C.S.
EFFECTIVE DATE: June 13, 2024
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 7th day of May 2024, by Councilmember Alvarez, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen NOES: Councilmembers: None
ABSENT: Councilmembers: Escutia-Braaton
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:
By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: _________________________________
JOSE M. SANCHEZ, City Attorney
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EFFECTIVE DATE: June 13, 2024
FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 14th day of May, 2024, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________
SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: June 13, 2024
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CITY OF MODESTO
ORDINANCE NO. 3779-C.S.
The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of May 7, 2024:
ORDINANCE AMENDING SECTION 3-1.303 OF THE MODESTO MUNICIPAL CODE, TITLED “ADMINISTRATIVE PENALTIES AND REMEDIES,” TO INCREASE
THE ADMINISTRATIVE FINES FOR VIOLATIONS OF THE FIRE CODE, INCLUDING ILLEGAL FIREWORKS VIOLATIONS, ADDING SECTION 3-1.304
RELATED TO THIRD PARTY ADMINISTRATIVE CITATIONS, ADDING SECTION 3-1.305 RELATED TO RESPONSE COSTS AND MAKING OTHER CHANGES
RELATED TO ENFORCEMENT AND ADMINISTRATION OF THE FIRE CODE Copies of the above-mentioned ordinance are posted at the following locations:
Tenth Street Place, 1010 10th Street
Maddux Youth Center, 615 Sierra Drive
Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 26, 2024
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, CMC, City Clerk
SUBJECT: November 5, 2024 Election Services
CONTACT: Diane Nayares-Perez, CMC, City Clerk, [email protected], 209-577-5396
DESCRIPTION:
Consider calling for the holding of a Municipal Election to be held on November 5, 2024, requesting the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to conduct the Election on behalf of the City of Modesto and Modesto City Schools; and adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an Election to be held on Tuesday, November 5, 2024. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
This item supports the City’s 2020-2025 Strategic Plan Goals to build community trust in City government through responsive, transparent and efficient service delivery.
BACKGROUND:
The City will be holding a General Municipal Election on November 5, 2024, for the purpose of electing three (3) members of the City Council for Districts 1, 3, and 6 for the full term of four (4) years; and three (3) members to the Modesto City Schools Board for Trustee Areas 2, 4, and 6 for the full term of four (4) years.
Pursuant to the Election Code, the City Council is required to adopt a resolution calling for and ordering a general municipal election to be held in the City of Modesto on Tuesday, November 5, 2024.
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City Council, May 14, 2024
November 5, 2024 Election Services
DISCUSSION:
The two (2) proposed resolutions relate to conducting a Municipal Election on November 5, 2024. The first resolution has the Modesto City Council officially call the November 5, 2024 General Municipal Election and request that the Stanislaus County Board of Supervisors consolidate the elections for electing three (3) Councilmembers (Districts 1, 3 and 6) and three (3) Modesto City Schools Board Members (Trustee Areas 2, 4, and 6). The second resolution adopts regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the November 5, 2024 General Municipal Election. The resolution recommends candidates’ statements be limited to 200 words in accordance with California Elections Code, Section 13307. Under the regulations set forth in the resolution, candidates will be required to pay a deposit for the actual costs of printing candidate statements in English and Spanish. Candidates will pay the estimated costs at the time nomination papers and candidate's statements are filed, with the estimated costs being equal to the amount required for the printing and translation of the candidate statement. The proposed deposit is $1,000 for the printing of candidate statements.
The nomination period to run for the City’s Municipal Election opens on Monday, July 15, 2024, and closes on Friday August 9, 2024. If an eligible incumbent does not file, a five-day extension will permit filing until Wednesday, August 14, 2024 at 5:00 p.m. Prior to qualifying as a candidate, the City Clerk will verify the residency of each potential candidate through their nomination paperwork.
FISCAL IMPACT:
The City will be required to pay Stanislaus County for its services in consolidating the election, which is estimated between $1.35 and $2.12 per registered voter. The projected cost for the Modesto City Council seats is between $82,078 to $128,894.
The Modesto City Schools Board election projected costs will be reimbursed by Modesto City Schools. The projected cost for the Modesto City School Board Election is between $86,824 to $136,346.
The cost to administer an election is funded through the Election Fund and is budgeted in the upcoming Fiscal Year 2024-25 Operating Budget that will be going to Council for approval.
COMMITTEE RECOMMENDATION:
This item did not go to Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution of the City of Modesto calling for the holding of a Municipal Election to be held on November 5, 2024, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools.
Resolution adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 5, 2024. #5..
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City Council, May 14, 2024
November 5, 2024 Election Services
Approved by:
Diane Nayares-Perez, CMC, City Clerk
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (2)
2. Election Cost Estimate
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05/14/2024/CCL/DNayaresPerez/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY OF MODESTO CALLING FOR THE HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024,
REQUESTING FROM THE STANISLAUS COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE THE CITY OF MODESTO GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024,
REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS,
ELECTIONS DIVISION OF THE COUNTY OF STANISLAUS TO CONDUCT
THE ELECTION ON BEHALF OF THE CITY OF MODESTO AND MODESTO
CITY SCHOOLS
WHEREAS, the City of Modesto will hold a Municipal Election on November 5, 2024, for the purpose of electing three (3) Council Members (Districts 1, 3, and 6) for a term of four (4) years, and three (3) Modesto City Schools Board Members (Trustee Areas 2, 4 and 6) for a term of four (4) years, and
WHEREAS, the City of Modesto respectively requests that the Stanislaus County Registrar of Voters, Elections Division, furnish all other services, facilities, supplies, equipment, etc. necessary for the Municipal Election, and WHEREAS, the City of Modesto City Clerk’s Office will be responsible for issuing/collecting election information, publishing the Notice of Election, and the Nominees for Public Office, and
WHEREAS, the City of Modesto will reimburse the County of Stanislaus for all actual costs for services performed to conduct the Municipal Election on behalf of the City, and
WHEREAS, pursuant to Elections Code section 10403, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.
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05/14/2024/CCL/DNayaresPerez/Item X 2 2024-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:
Section 1. The City Council hereby calls for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing three (3) Council Members (Districts 1, 3, and 6) for a term of four (4) years, and three (3) Modesto City Schools Board Members (Trustee Areas 2, 4, and 6) for a term of four (4) years.
Section 2. The Council of the City of Modesto that it hereby formally requests from the Board of Supervisors of Stanislaus County, California, to consolidate the City of Modesto’s Municipal Election with the County’s General Election to be held on November 5, 2024, requesting the services of the Registrar of Voters, Elections Division, of the County of Stanislaus to conduct the election(s) on behalf of the City of Modesto.
Section 3. The consolidated election shall be held and conducted in the manner prescribed in Section 10418 of the Elections Code of the State of California.
Section 4. The County Elections Official is authorized, at the City’s expense, to provide all necessary election services in order to properly and lawfully conduct said election, including precinct workers and the procurement and furnishing of all official ballots, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election and to canvass the results of said election.
Section 5. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law. #5..
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05/14/2024/CCL/DNayaresPerez/Item X 3 2024-XX
Section 6. That the ballots to be used at the election shall be, in form and content, as required by law.
Section 7. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day, when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.
Section 8. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used.
Section 9. In all particulars not recited in this resolution, said elections shall be noticed and held and all publications made as provided by law for holding municipal elections.
The foregoing Resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May, 2024, by Council Member _________, who moved its adoption, which motion being duly seconded by Council Member ______, 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)
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05/14/2024/CCL/DNayaresPerez/Item X 4 2024-XX
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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05/14/2024/CCL/DNayaresPerez/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.
NOW, THEREFORE, The City Council of the City of Modesto, does hereby resolve, declare, determine, and order as follows:
GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Modesto on November 5, 2024 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed [in typewritten form] in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
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05/14/2024/CCL/DNayaresPerez/Item X 2 2024-XX
FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Stanislaus. The County is required to translate candidate’s statements into the following languages: Spanish.
B. The County will print and mail sample ballots and candidates statements to all voters in Spanish. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
PAYMENT.
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidates statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of the Foreign Language Policy Section above, in the main voter pamphlet.
ESTIMATE OF PRINTING COSTS. The Stanislaus County Registrar of Voters has estimated the cost of printing, handling, translating, and mailing the candidate’s #5..
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05/14/2024/CCL/DNayaresPerez/Item X 3 2024-XX
statement filed pursuant to this section, including cost incurred as a result of complying with the Voting Rights Act of 1965 (as amended). The estimated cost for printing a candidate’s statement for the main voter pamphlet is $1,000. The City Clerk shall require each candidate filing a statement to pay $1,000 in advance as a condition of having his or her statement included in the voter’s pamphlet. The estimate is only an approximation of the actual cost. Costs vary from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.
Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk will require the candidate pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount to the candidate and refund the excess amount paid after the election.
MISCELLANEOUS. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.
The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
That all previous resolutions establishing council policy on payment for candidates statements are repealed.
That this Resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.
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05/14/2024/CCL/DNayaresPerez/Item X 4 2024-XX
That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
The foregoing Resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May, 2024, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: May 3, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
Christina Alger, Director of Human Resources
SUBJECT: Third Amendments to Legal Services Agreements with Rivera Hewitt Paul LLP and Castillo, Moriarty, Tran & Robinson for continued representation CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:
Consider approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul LLP in the amount of $150,000, for a total revised agreement amount not to exceed $550,000, and a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust rates for continued representation in police related matters. (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 improve community safety.
BACKGROUND:
In managing legal services for the City, the City Attorney’s Office established a standard legal services agreement for the engagement of outside legal assistance in matters requiring specific expertise. The City Attorney’s Office tracks the assigned budget and requests that the Council amend the agreements when necessary.
DISCUSSION:
Rivera Hewitt Paul LLP
On April 14, 2021, the City entered into a standard legal services agreement with Rivera Hewitt Paul LLP (RHP) for litigation, trial counsel, legal advice, representation, and assistance to the City in police related matters for an amount not to exceed $45,000. On November 9, 2021, by Resolution No. 2021-439, Council approved a First Amendment in the amount of $100,000 to this Agreement, increasing the not to exceed amount to $145,000 for continued representation.
On December 13, 2022, by Resolution No. 2022-477, Council approved a Second Amendment in the amount of $255,000 to the Agreement, increasing the not to exceed amount to $400,000 for continued representation in police litigation matters. #6..
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City Council, May 14, 2024
Third Amendments to Legal Services Agreements with Rivera Hewitt Paul LLP and Castillo, Moriarty, Tran & Robinson for continued representation
An increase to the Agreement budget is needed in the amount of $150,000 to support continued services for RHP’s assigned cases, for a total Agreement amount not to exceed $550,000.
Castillo, Moriarty, Tran & Robinson
On September 22, 2022, the City entered into a Legal Services Agreement with Castillo, Moriarty, Tran & Robinson (CMTR) to represent the City in police litigation matters for an amount not to exceed $45,000. On February 14, 2023, by Resolution No. 2023-45, Council approved a First Amendment to the Legal Services Agreement with CMTR in the amount of $200,000 for a total Agreement amount of $245,000 for continued representation in police litigation matters. On April 9, 2024, by Resolution 2024-109, Council approved a Second Amendment to the Legal Services Agreement with CMTR in the amount of $250,000 for a total Agreement amount of $495,000 for continued representation.
CMTR has requested an increase to their hourly rates. The rates under these legal services agreements have not been adjusted since the City entered into the Agreement in 2022. Further, such rates have not been adjusted since 2019, under the Agreement the City had with Allen, Glasessner, Hazelwood & Werth, LLP, prior to switching to CMTR when the representatives serving the City formed CMTR, which means that the attorneys assisting the City under CMTR have not received a rate increase since that date. The rate adjustment will reflect an increase from $225 to $250 an hour for Partners, $215 to $225 for Associates, and $105 to 115 for Paralegals. These rates will be effective May 1, 2024. This amendment, too, will not increase the not to exceed amount; it will only increase the hourly rates.
Modesto Municipal Code section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under the existing Agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” FISCAL IMPACT:
Costs for Rivera, Hewitt, Paul LLP will be absorbed within the General Liability Insurance Fund with a not to exceed amount of $550,000. Costs for Castillo, Moriarty, Tran & Robinson will be absorbed within the General Liability Insurance Fund with a not to exceed amount of $495,000, which was already approved by Council.
COMMITTEE RECOMMENDATION:
This item was not presented to a Council Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total revised Agreement amount not to exceed $550,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
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City Council, May 14, 2024
Third Amendments to Legal Services Agreements with Rivera Hewitt Paul LLP and Castillo, Moriarty, Tran & Robinson for continued representation
Resolution approving a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
Approved by: _____
Jose M. Sanchez, City Attorney
_____
Christina Alger, Director of Human Resources
_____
Joseph P. Lopez, City Manager
Attachments:
1. Resolution approving Third Amendment to LSA – RHP
2. Resolution approving Third Amendment to LSA – CMTR
3. Third Amendment to Legal Services Agreement-RHP
4. Third Amendment to Legal Services Agreement-CMTR
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A THIRD AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH RIVERA HEWITT PAUL, LLP IN THE
AMOUNT OF $150,000, FOR A TOTAL REVISED AGREEMENT AMOUNT NOT TO EXCEED $550,000, FOR CONTINUED REPRESENTATION IN
POLICE LITIGATION MATTERS AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on April 14, 2021, the City entered into a standard legal services agreement with Rivera Hewitt Paul, LLP for litigation, trial counsel, legal advice, representation and assistance to the City in police related matters; and WHEREAS, on November 9, 2021, by Resolution No. 2021-439, Council approved a First Amendment in the amount of $100,000 to this agreement, increasing the not to exceed amount to $145,000 for continued representation; and WHEREAS, on December 13, 2022, by Resolution No. 2022-477, Council approved a Second Amendment in the amount of $255,000 to this agreement, increasing the not to exceed amount to $400,000 for continued representation; and WHEREAS, an increase to the Agreement budget is needed in the amount of $150,000 to support continued services for RHP’s assigned cases, for a total Agreement amount not to exceed $550,000; and
WHEREAS, Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under the existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services; and #6..
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WHEREAS, the City Attorney’s office has drafted a Third Amendment to the Legal Services agreement with Rivera Hewitt Paul, LLP for continued services.
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 Rivera Hewitt Paul, LLP, in the amount of $150,000, for a total agreement amount not to exceed $550,000 for continued representation in police litigation matters as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such amendment in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the Amendment, in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING A THIRD AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH CASTILLO, MORIARTY, TRAN &
ROBINSON TO ADJUST HOURLY RATES FOR CONTINUED
REPRESENTATION IN POLICE LITIGATION MATTERS AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE
THE AMENDMENT
WHEREAS, on September 22, 2022, the City entered into a Legal Services Agreement with Castillo, Moriarty, Tran & Robinson (CMTR) to represent the City in police litigation matters for an amount not the exceed $45,000; and WHEREAS, on February 14, 2023, by Resolution No. 2023-45, Council approved a First Amendment to the Legal Services Agreement with CMTR in the amount of $200,000 for a total Agreement amount of $245,000 for continued representation in police litigation matters; and
WHEREAS, on April 9, 2024, by Resolution No. 2024-109, Council approved a Second Amendment to the Legal Services Agreement with CMTR in the amount of $250,000 for a total Agreement amount of $495,000 for continued representation in police litigation matters; and
WHEREAS, CMTR has requested an increase to their hourly rates. The rates under these legal services agreements have not been adjusted since the City entered into the Agreement in 2022. Further, such rates have not been adjusted since 2019, under the Agreement the City had with Allen, Glasessner, Hazelwood & Werth, LLP, prior to switching to CMTR when the representatives serving the City formed CMTR, which means that the attorneys assisting the City under CMTR have not received a rate increase since that date; and
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WHEREAS, the rate adjustment will reflect an increase from $225 to $250 an hour for Partners, $215 to $225 for Associates, and $105 to 115 for Paralegals. These rates will be effective May 1, 2024; and
WHEREAS, this amendment, too, will not increase the not to exceed amount; it will only increase the hourly rates; and
WHEREAS, Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under the existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services; and WHEREAS, the City Attorney’s office has drafted a Third Amendment to the Legal Services agreement with Castillo, Moriarty, Tran & Robinson for continued services.
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 Castillo, Moriarty, Tran & Robinson to adjust hourly rates for continued representation in police litigation matters and further authorizes the City Attorney to execute such Third Amendment in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the amendment, in a form approved by the City Attorney. #6..
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The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services (this “Third Amendment”), is made and entered into on 14th day of May 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and RIVERA HEWITT PAUL, LLP (“Attorney”), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. 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 litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; 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 for further service by increasing the previously approved amount of fees from $400,000 to $550,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Rivera Hewitt Paul dated April 14, 2021, amended by Resolution No. 2021-439 and Resolution No. 2022-477 is amended as follows:
1. 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 fifty thousand dollars ($550,000).”
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 April 14, 2021, 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. #6..
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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 below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
RIVERA HEWITT PAUL 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
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services (this “Third Amendment”), is made and entered into on 14th day of May 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and CASTILLO, MORIARTY, TRAN & ROBINSON (“Attorney”), located at 75 Southgate Ave., Daly City, California 94015. 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 litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; 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 adjust hourly rates.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Castillo, Moriarty, Tran & Robinson dated September 22, 2022 and amended by Resolution No. 2023-45 and Resolution No. 2024-109 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” is amended to state as follows:
Hourly Rates:
Partner: $250 per hour
Associate: $225 per hour
Paralegal: $115 per hour
“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 four hundred, ninety-five thousand dollars ($495,000).”
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 September 22, 2022, 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 #6..
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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 below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
CASTILLO, MORIARTY, TRAN & ROBINSON
_____________________________________
88-3503648
Federal I.D. No.
202022214002
State I.D. No.
_____N/A_________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
____Partner_____________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 30, 2024
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – April 2024
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:
Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
Each month City staff presents a variety of budget adjustments requiring the approval of Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.
This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they have been included as an attachment to this report (Exhibit A). As in past reports, adjustments are separated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.
Also included in this report, as an attachment (Exhibit B), is a summary of the budget adjustments approved by the City Manager and/or Budget Manager consistent with the authority levels that were approved by Council with the passing of the Fiscal Year 2023-24 Operating Budget via Resolution No. 2023-267.
DISCUSSION:
The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. #7..
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City Council, May 14, 2024
Monthly Budget Adjustment Report – April 2024
FISCAL IMPACT:
The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2023-24.
COMMITTEE RECOMMENDATION:
This item was presented to the Finance Committee on April 29, 2024, and the Committee recommended forwarding the item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
Approved by:
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Exhibit A – Budget Adjustments Requiring Council Approval
3. Exhibit B - Staff Approved Budget Adjustments
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05/14/2024/Budget/SChristensen/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 ANNUAL
OPERATING AND CAPITAL IMPROVEMENT FUND BUDGETS AND
AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY
STEPS TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2023-24.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2023-24 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #7..
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05/14/2024/Budget/SChristensen/Item X 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, 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 votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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City Council, May 14, 2024
Monthly Budget Adjustment Report
EXHIBIT A
FISCAL YEAR 2023-24
COMMUNTIY AND ECONOMIC DEVELOPMENT
A budget adjustment in the amount of $167,114 is necessary to re-establish/increase the revenue and expense budgets in Fund 1170 and project 101343 as it was previously budgeted in operating fund 1170 as part of the program year 2020/2021 HOME Investment Partnerships Program (HOME) grant entitlement funds. This amount reflects the available balance in HUD's (Department of Housing and Urban Development) reporting system and the allocation is from prior program years that have not yet been utilized. The funding will be used on administrative costs for a wide range of activities related to affordable housing. There is no impact to the General Fund.
PARKS, NEIGHBORHOODS AND RECREATION
A budget adjustment in the amount of $127,500 is necessary to increase the General Fund revenue account 46006 – John Thurman Field Rental in Cost Center 34150, PRN – Event Services – John Thurman to account for the new rental agreement with The Baseball of Modesto, LLC which was approved by Council on 2/27/2024 per Resolution 2024-052. The agreement totals $360,000; $180,000 will be received in Fiscal Year 2023/2024 and the remaining $180,000 will be received in Fiscal Year 2024/2025. This will result in budgeted total of $197,500 which includes revenue received earlier in Fiscal Year 2023-2024 from the previous agreement.
PUBLIC WORKS-MEASURE L
A budget adjustment in the amount of $550,460 is necessary in the Measure L – Capital Projects Fund (3300) to reduce the transfer in and expense budget from Project 101572 – HAWK 16th at H and I and Project 101573 – Advance School Beacons. The funds reduced from these projects are being reallocated to Project 101581 – Ethernet Switches. The funds are being reallocated as the projects have been completed and funding is needed to purchase ethernet switches for various signal locations. In additional the transfer out from Measure L – Road Tax Fund (1410) will be moved to the new project and will still be using funds from the Traffic Management category of Measure L funds.
UTILITIES
A budget adjustment in the amount of $75,000 is necessary in the Water Fund (4100) to establish the expense budget for Project 101585 – PFAS Litigation. This Project will pay for legal expenses related to PFAS litigation. Due to the need to begin work on the project, a budget adjustment in the amount of $25,000 was completed on the Budget Manager’s authority. The adjustment will increase the budget by an additional $50,000 for a total project budget of $75,000.
A budget adjustment in the amount of $100,546 is necessary in the Water Fund – CIP Projects (4180) to increase the expense budget for Project 101512 – South Modesto #7..
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City Council, May 14, 2024
Monthly Budget Adjustment Report
Areas Strengthen & Replace Water Mains – Phase 1 project. The increase in budget is necessary to match the Memorandum of Understanding with Stanislaus County for the City’s portion of the anticipated project construction expenses. #7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approve
d by CM,
BM or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-101 CM 0100 General Fund Transfer Out Fund 0100 Transfer Out to Fund 3255 TO $ - 75,000 $ $ 75,000 A budget adjustment of $75,000 is necessary to increase professional services budget to cover formation invoices. Tivoli formation expenses will be reimbursed with the formation deposit. An Adjustment of $75,000 is also necessary to establish an interfund loan of $75,000 from General Fund 0100 to Tivoli CFD 3255.
AT-105 DD 0100 General Fund 35220 - Park Ops Salaries & Wages - Part-Time Exp $ 305,216 (100,837) $ $ 204,379 AT-105 DD 0100 General Fund 34130 - Parks Cultural Repair and Maintenance Exp $ 21,921 100,837 $ $ 122,758 AT-106 CM 0100 General Fund 02015 - CMO-Communications and Legislative Affairs
Budget Only - Salary Adjustment -
Decrease Exp $ 334,891 (42,000) $ $ 292,891
AT-106 CM 0100 General Fund 02015 - CMO-Communications and Legislative Affairs
Budget Only - Benefits Adjustment -
Decrease Exp $ 88,684 (28,000) $ $ 60,684
AT-106 CM 0100 General Fund 02015 - CMO-Communications and Legislative Affairs Marketing Services Exp $ 12,500 40,000 $ $ 52,500 AT-106 CM 0100 General Fund 02015 - CMO-Communications and Legislative Affairs Professional Services Exp $ 25,000 30,000 $ $ 55,000 AT-111 DD 0100 General Fund FIN - Purchasing Budget Only - Salary Adjustment - Decrease Rev $ - (7,000) $ $ (7,000)
AT-111 DD 0100 General Fund FIN - Purchasing Budget Only - Benefit Adjustment - Decrease Rev $ - (3,000) $ $ (3,000)
AT-111 DD 0100 General Fund FIN - Purchasing Conference Expenses Exp $ - 4,000 $ $ 4,000 AT-111 DD 0100 General Fund FIN - Purchasing Training Expenses Exp $ 600 2,000 $ $ 2,600 AT-111 DD 0100 General Fund FIN - Purchasing Temporary Employee Services Exp $ - 4,000 $ $ 4,000 Total Changes for Fund 0100 $ 788,812 $ 75,000 $ 863,812 AT-100 BM 1321 PEG Funds IT - Public Educational and
Governmental (PEG) PC Software and Supplies Exp $ 105,040 3,115 $ $ 108,155 A budget adjustment is necessary to increase the PEG Operations Cost Center to account for the annual service costs that were part of the agreement with MyTV26 for the Broadcast Server that was purchased. The service costs were agreed to be covered by the City for 5 years along with that purchase of the Broadcast Server via Council Resolution 2022-234.
Total Changes for Fund 1321 $ 105,040 $ 3,115 $ 108,155 AT-096 CM 1341 Grants-Reimbursed HD41 CA Recycle-PW Rev $ - 50,000 $ $ 50,000 AT-096 CM 1341 Grants-Reimbursed HD41 Appr C - Advertising Exp $ - 8,469 $ $ 8,469 AT-096 CM 1341 Grants-Reimbursed HD41 Appr C - Professional Services Exp $ - 21,000 $ $ 21,000 AT-096 CM 1341 Grants-Reimbursed HD41 Appr C - Business Expenses Exp $ - 1,533 $ $ 1,533 AT-096 CM 1341 Grants-Reimbursed HD41 Appr C - Svcs City Forces Exp $ - 18,998 $ $ 18,998 AT-107 CM 1341 Grants - Reimbursed 101586 - SB1383 (2024) Intergov - State - Ca recycle Rev $ - 569,930 $ $ 569,930 AT-107 CM 1341 Grants - Reimbursed 101586 - SB1383 (2024) Appr C - Advertising Exp $ - 80,000 $ $ 80,000 AT-107 CM 1341 Grants - Reimbursed 101586 - SB1383 (2024) Appr C - Equipment >$5,000 Exp $ - 332,944 $ $ 332,944 AT-107 CM 1341 Grants - Reimbursed 101586 - SB1383 (2024) Appr C - Professional Services Exp $ - 80,000 $ $ 80,000 AT-107 CM 1341 Grants - Reimbursed 101586 - SB1383 (2024) Appr C - Svcs City Forces Exp $ - 76,986 $ $ 76,986 AT-110 BM 1341 Grants - Reimbursed PW - Non-Capital Projects Interest Revenue on Bank Account Rev $ - 14,454 $ $ 14,454 AT-110 BM 1341 Grants - Reimbursed 101408 - SB1383 Local Assistance Grant Tools & Equipment > $5,000 Exp $ - 14,454 $ $ 14,454 Total Changes for Fund 1341 $ - $ 1,268,768 $ 1,268,768 AT-109 BM 1390 American Rescue Grants Fund 101459- LED Lighting Discretionary Expenses Exp $ 200,000 22,990 $ $ 222,990 AT-109 BM 1390 American Rescue Grants Fund 101459- LED Lighting Svcs City Forces Exp $ 50,000 (22,990) $ $ 27,010 Total Changes for Fund 1390 $ 250,000 $ - $ 250,000
A budget adjustment of $50,000 is necessary to receive a grant from the State of California for the Household Hazardous Waste Discretionary Grant Cycle 41 (HD41).
This grant will provide funding for staff time and collection material expense to begin a curbside battery recycling program for residential customers to dispose of the household batteries safely.
A budget adjustment is necessary to move Part-time Salary savings of $100,837 from Park Operations to fund Elevator Repairs at McHenry Mansion.
A budget adjustment is necessary to transfer salary savings of $70,000 from Appropriation Unit A in CMO-Communications and Legislative Affairs' division to fund marketing and professional services in Appropriation Unit C for the remainder of FY 2023-24.
A budget adjustment of $569,930 is necessary for the City of Modesto to receive a grant from the State of California for SB1383 round 2. These funds will be used to provide staff time, equipment, supplies, and education directly related to SB1383 activities.
A budget adjustment is necessary to reallocate budget between tasks. Net Zero impact on the overall budget.
A budget adjustment in the amount of $14,454 is needed to recognize revenue received from interest earned and to program offsetting expenses in a like amount.
A budget adjustment of $10,000 is necessary to move salary savings within the FINPurchasing cost center to cover underbudgeted training expenses and temp labor. #7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approve
d by CM,
BM or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-101 CM 3255 Tivoli CFD Tivoli Formation Appr C Professional Services Exp $ 50,000 75,000 $ $ 125,000 AT-101 CM 3255 Tivoli CFD Transfer In Fund 3255 Transfer in from Fund 0100 TI $ - 75,000 $ $ 75,000 Total Changes for Fund 3255 $ 50,000 $ 150,000 $ 200,000 AT-103 BM 4100 Water Fund 101535 - PFAS Litigation Legal Services and Services City Forces - Interfund Exp $ - 25,000 $ $ 25,000
A budget adjustment is necessary to establish the initial project budget to pay for outstanding legal services invoices. The remainder of the budget will be included on a future monthly budget adjustment item.
Total Changes for Fund 4100 $ - $ 25,000 $ 25,000
AT-098 BM 4180 Water Fund - CIP Projects 101084 - Replacement Well 226 Surface Eng./Design/Admin Exp $ 620,420 (30,000) $ $ 590,420 AT-098 BM 4180 Water Fund - CIP Projects 101084 - Replacement Well 226 Surface Construction Administration Exp $ 252,996 30,000 $ $ 282,996 AT-099 BM 4180 Water Fund - CIP Projects 101367-Sylvan Water Main Upgrade Eng./Design/Admin Exp $ 77,947 (36,000) $ $ 41,947 AT-099 BM 4180 Water Fund - CIP Projects 101367-Sylvan Water Main Upgrade Construction Administration Exp $ 130,702 35,000 $ $ 165,702 AT-099 BM 4180 Water Fund - CIP Projects 101367-Sylvan Water Main Upgrade Consultant Charges Exp $ - 1,000 $ $ 1,000 AT-108 BM 4180 Water Fund - CIP Projects 100933 - 7th Street Bridge Water Main Construction Exp $ 1,000,000 (150,000) $ $ 850,000 AT-108 BM 4180 Water Fund - CIP Projects 100933 - 7th Street Bridge Water Main Eng./Design/Admin Exp $ 100,000 150,000 $ $ 250,000 Total Changes for Fund 4180 $ 2,182,065 $ - $ 2,182,065 A budget adjustment of $75,000 is necessary to increase professional services budget to cover formation invoices. Tivoli formation expenses will be reimbursed with the formation deposit. An Adjustment of $75,000 is also necessary to establish an interfund loan of $75,000 from General Fund 0100 to Tivoli CFD 3255.
A budget adjustment is necessary to reallocate funds between tasks to cover staff time and onsite non-warranty related equipment expenses. The overall project budget is not changing.
A budget adjustment is necessary to reallocate funds between tasks within the project. The overall project budget is not changing.
A budget adjustment is necessary to reallocate budget between task lines to cover expenses associated with the City's share of the design effort undertaken by the County. The overall budget is not changing.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Accept Grayson Community Strengthen & Replace Water Mains Project as Complete
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:
Consider accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The water mains serving the Grayson Community were aging, undersized steel mains that needed upsizing. The Grayson Community Strengthen & Replace Water Mains project rehabilitated approximately 9,428 linear feet of water mains in the town of Grayson. The water mains bounded by Mary Street to the south, River Road to the west, Minnie Street to the North and Charles Street to the East were prone to leaks and low pressure. The project replaced the existing system with City Standard PVC water mains, valves, and hydrants to improve system reliability, flows, and pressures.
DISCUSSION:
The project was advertised for bids on January 11, 2023. Bids were publicly opened on February 14, 2023, and D.A. Wood Construction, Inc., of Oakdale, CA., as the lowest responsible bidder at 31.19% below the engineers estimate. #8..
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City Council, May 14, 2024
Accept Grayson Community Strengthen & Replace Water Mains Project as Complete
On April 11, 2023, by Resolution 2023-178, Council approved a contract to D.A. Wood Construction, Inc., in the amount of $2,696,561. The Contractor received the Notice to Proceed with a start date of June 19, 2023. All contract work was completed on January 20, 2024.
By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $2,830,219. The work is covered by a one-year warranty for any issues that may arise.
Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.
FISCAL IMPACT:
The total project costs were $3,166,712 which included design, construction, and construction administration costs. The total project amount originally budgeted was $3,523,000, which included $2,966,217 for the construction contract and contingency with D.A. Wood Construction, Inc.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of eight percent (8%) for construction contracts of this dollar value.
However, on April 11, 2023, by Resolution 2023-179, Staff requested authorization to increase the contract change order budget to 10% ($269,656) due to design build elements in the project.
There are twelve change orders resulting in an overall increase of $133,658 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101287– UTL.Grayson Strengthen and Replace Water Mains
PROJECT EXPENDITURES:
Construction Contract (D.A. Wood Const. Inc.) $2,696,561 Construction Contingency (Change Orders) 5.0% $133,658
City Construction Forces 0.3% $8,823
Construction Administration – City Staff Support 7.2% $195,338 Engineering Design/Admin. – City Staff Support/Misc. 3.9% $105,013 Engineering Design (DF Engineering) 0.9% $23,065
Engineering Design (O’Dell Engineering) 0.2% $4,254
TOTAL CONSTRUCTION EXPENDITURES: $3,166,712
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City Council, May 14, 2024
Accept Grayson Community Strengthen & Replace Water Mains Project as Complete
COMMITTEE RECOMMENDATION
This project was presented to the Economic Development Committee on November 9, 2022, as a report on upcoming Capital Improvement Projects. The Committee approved the list of projects and recommended that staff present the award of the project to Council upon successful bidding.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b)(c); 15303 (d).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
Approved by:
_________________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_________________________________________
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. CCO Log
3. Project Suspension Form
4. Notice of Completion
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION ACCEPTING THE GRAYSON COMMUNITY STRENGTHEN &
REPLACE WATER MAINS PROJECT AS COMPLETE, RELEASING
SECURITIES, RELEASING PAYMENTS TOTALING $2,830,219 TO D.A.
WOOD CONSTRUCTION, INC., OF OAKDALE, CA, AND AUTHORIZING
THE CITY CLERK TO FILE A NOTICE OF COMPLETION
WHEREAS, the water mains serving the Grayson Community were aging, undersized steel mains that needed upsizing; and
WHEREAS, the Grayson Community Strengthen & Replace Water Mains project rehabilitated approximately 9,428 linear feet of water mains in the town of Grayson; and WHEREAS, the water mains bounded by Mary Street to the south, River Road to the west, Minnie Street to the North and Charles Street to the East were prone to leaks and low pressure; and
WHEREAS, the project replaced the existing system with City Standard PVC water mains, valves, and hydrants to improve system reliability, flows, and pressures; and
WHEREAS, bids were advertised on January 11, 2023, and were publicly opened on February 14, 2023, pursuant to Modesto Municipal Code Section 8-3.403 and Charter Section 1307, and D.A. Wood Construction, Inc., of Oakdale, CA., was the lowest responsible bidder; and
WHEREAS, on April 11, 2023, by Resolution 2022-178, Council awarded a contract to D.A. Wood Construction, Inc., in the amount of $2,696,561; and WHEREAS, the Contractor received the Notice to Proceed with a start date of June 19, 2023. All contract work was completed on January 20, 2024; and #8..
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2 WHEREAS, the total project costs were $3,166,712, which included design, construction, and construction administration costs. The total project amount originally budgeted was $3,523,000 which included $2,966,217 for the construction contract and contingency with D.A. Wood Construction, Inc.; and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of eight percent (8%) for construction contracts of this dollar value; and
WHEREAS, however, on April 11, 2023, by Resolution 2023-179, Staff requested authorization to increase the contract change order budget to 10% ($269,656) due to design build elements in the project; and
WHEREAS, there were twelve change orders on this project with an overall increase of $133,658; and
WHEREAS, by accepting this project as complete, the city officially accepts the improvements made and authorizes the Notice of Completion to be filed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto hereby accepts the Grayson Community Strengthen & Replace Water Mains project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
Date: April 24, 2024
TIME
EXT. Approved
2023/09 - Grayson Community Strengthen and Replace Water Mains (101287) PROJECT NUMBER AND NAME:
01 KLINE WATER STORAGE TANK FOR
CONSTRUCTION WATER
09/11/23 $31,227.79 0 W.D. No No Yes Yes
02 STANISLAUS COUNTY ENCROACHMENT FEES 09/11/23 $6,220.00 0 W.D. No Yes No Yes03 1850 Stakes At Fire Hydrant and One Additional Working Day.
09/11/23 $4,276.40 1 W.D. No Yes No Yes
04 Time lost for sewer laterals, water service breaks and potholing and 8 additional working days.
09/11/23 $54,195.89 8 W.D. No Yes No Yes
05 Additonal Working days 09/11/23 $0.00 7 W.D. No Yes No Yes 06 Fire hydrant at 8805 Laird St. 09/11/23 $3,608.63 1 W.D. No Yes No Yes07 Charge for lost time and 6 additional working days. 12/14/23 $24,284.87 6 W.D. No Yes No Yes08 3rd Lost Time Cost and 3 Additional Working Days 12/14/23 $24,019.05 3 W.D. No Yes No Yes09 Two 1 Inch Services Bid Line 25 Increase and Additional Hours to locate and install 1 inch service line not in plan. 02/14/24 $5,190.85 1 W.D. No No Yes Yes
10 Smith Street Striping 02/20/24 $7,620.00 0 W.D. No No Yes Yes11 Bid Line Overages Line #7, #8, #24 and #26. 03/26/24 $74,804.80 0 W.D. No Yes No Yes12 Balancing Change Order 03/26/24 -$101,791.00 No Yes No Yes Total Change Orders Processed To Date: $133,657.28
Original Contract Amount: $2,696,561.00IDA To: $269,656.00 Total Working Days Time Extension: 27
Original Director's CCO Authority: $215,725.00IDA Date: 4/11/2023 Total Executed Change Orders To Date: $133,657.28
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CHANGE
ORDER NO. DESCRIPTION EXECUTED AMOUNT
CAUSE
UNFORSEEN
CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE
CONTRACT CHANGE ORDER LOG
April 24, 2024 Date:
TIME
EXT. Approved
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3/27/2024
Not Applicable
3/27/24
2-APR-2024
4/19/2024
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:
PO Box 642
Modesto CA 95353
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on April 11, 2023, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to D.A. Wood Construction, Inc., of Oakdale, CA, for the project titled “Grayson Community Strengthen & Replace Water Mains Project” located at Mary Street to the south, River Road to the west, Minnie Street to the North and Charles Street to the East, in the City of Grayson, and that January 24, 2024, the said contract as a whole was actually completed by D.A. Wood Construction, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on May 14, 2024.
CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.
Date: May 14, 2024 By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 22, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Active Transportation Program (ATP) – Cycle 7 Grant Application CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209-571-5552
DESCRIPTION:
Consider authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project. (Funding Source: State of California ATP Grant Funds and Local Funds – Measure L)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient, and Reliable Infrastructure.
BACKGROUND:
The State Active Transportation Program1 (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) and Senate Bill 1 (SB 1) (Chapter 5, Statutes of 2017) which directs additional funding from the Road Maintenance and Rehabilitation Account to the ATP program to encourage increased use of active modes of transportation, such as biking and walking.
Pursuant to the statutes, the goals of the Active Transportation Program are to:
Increase the proportion of trips accomplished by biking and walking. Increase the safety and mobility of nonmotorized users. Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009). 1 Active Transportation Plan - https://catc.ca.gov/-/media/ctc-media/documents/programs/atp/2025-activetransportation-program-guidelines-final-adopted-a11y.pdf #9..
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City Council, May 14, 2024
Active Transportation Program (ATP) – Cycle 7 Grant Application
Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
Ensure that disadvantaged communities fully share in the benefits of the program. Provide a broad spectrum of projects to benefit many types of active transportation users.
The California Transportation Commission (CTC) adopts the guidelines for the ATP program no later than the date designated in statute of each odd-numbered year, however the Commission may elect to adopt a program annually. The 2025 ATP guidelines were adopted by the Commission at their meeting on March 21-22, 2024 and the call for projects was announced the same day.
The 2025 ATP funding estimate of approximately $569 million was also adopted at the March 21-22, 2024 Commission meeting. All funds will be awarded based on a competitive application process. The scoring rubric for this ATP cycle was posted on the Commissions website on March 29, 2024 and the application deadline is June 17, 2024.
The 2025 ATP guidelines do not require a funding match; however, the adopted scoring rubrics awards between zero and five points based on the amount of non-ATP funding pledged to a project. Five points are awarded if more than 20% of the total project cost is with leveraged funds. With the highly competitive nature of ATP funds, it is advantageous for a local agency to contribute more than 20% of the total project cost and receive the full five points for this portion of the rubric.
DISCUSSION:
The goal of the Active Transportation Program is to promote active modes of transportation including biking and walking. The California Transportation Commission (CTC) encourages applicants to apply for projects that provide a transformative benefit to the community. All eligible project applications will be evaluated by an evaluation team and Commission staff. The scoring rubric provides a consistent framework for City staff preparing the application and for the evaluation team scoring the projects.
Based on the criteria of the 2025 ATP guidelines and the adopted scoring rubric, City staff is seeking approval to apply for ATP Cycle 7 grant funding for a pedestrian/bicycle path in the east-west direction along Encina Avenue from North Conejo Drive to Lincoln Avenue and in the north-south direction along Lincoln Avenue from Dry Creek Trail to Yosemite Boulevard and along Phoenix Avenue between Dry Creek Trail and Encina Avenue. All proposed improvements will be within existing public right of way, so there will be no anticipated land acquisition. This proposed project will also provide ADA improvements, curb extensions, raised crosswalks, roundabouts, and other traffic calming measures, as appropriate. As proposed this project will provide connectivity to three schools in the immediate vicinity and be the transformative type of project that the CTC is encouraging.
FISCAL IMPACT:
The Division that typically applies for ATP funds is the Transportation Engineering and Design Division. The ATP grant application is quite extensive, with community outreach and a lengthy application. Staff requested and received approval for $50,000 of local Measure L funds at the #9..
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City Council, May 14, 2024
Active Transportation Program (ATP) – Cycle 7 Grant Application
March 7, 2024 Measure L Commission meeting to cover the cost to prepare the application for the 2025 ATP Cycle grant funds.
The grant application will be for $11.5 million in ATP funds. Due to the competitive nature of this grant funding and to maximize the allowable points for leveraging funds, the grant application will also show a local match of $3.48 million from the Measure L Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.
CEQA/NEPA REQUIREMENTS:
Environmental review for this project will take place during the Preliminary Engineering phase of the project if the City is successful in securing these ATP grant funds. It is anticipated that this project will be classified as a Categorical Exemption.
COMMITTEE RECOMMENDATION:
This project was presented to the Economic Development Committee on May 6, 2024 and was recommended for forwarding to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendation:
Resolution authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project, and authorizing the City Manager, or his designee to execute all necessary grant documents.
Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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05/14/2024/ESD/T. Wells 1 2024-
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AUTHORIZING SUBMITTAL OF A STATE OF CALIFORNIA GRANT APPLICATION FOR ACTIVE TRANSPORTATION PROGRAM (ATP) – CYCLE 7 FUNDS IN THE AMOUNT OF $11,500,000 AND $3,480,000 IN LOCAL MEASURE L FUNDS FOR A TOTAL PROJECT AMOUNT OF $14,980,000 FOR THE ENCINA
AVENUE AND LINCOLN AVENUE PEDESTRIAN/BICYCLE TRAIL CORRIDOR
PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY GRANT DOCUMENTS
WHEREAS, the State Active Transportation Program (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) and Senate Bill 1 (SB 1) (Chapter 5, Statutes of 2017) which directs additional funding from the Road Maintenance and Rehabilitation Account to the ATP program to encourage increased use of active modes of transportation, such as biking and walking; and WHEREAS, the California Transportation Commission (CTC) adopts the guidelines for the ATP program no later than the date designated in statute of each odd-numbered year, however, the Commission may elect to adopt the program annually; and WHEREAS, the 2025 ATP guidelines were adopted by the Commission at their meeting on March 21-22, 2024 and the call for projects was announced the same day; and WHEREAS, the 2025 ATP funding estimate of approximately $569 million was also adopted at the March 21-22, 2024 meeting; and
WHEREAS, all funds will be awarded based on a competitive application process; and WHEREAS, the scoring rubric for this ATP cycle was posted on the Commissions website on March 29, 2024 and the application deadline is June 17, 2024; and WHEREAS, the 2025 ATP guidelines do not require a funding match; however, the adopted scoring rubrics awards between zero and five points based on the amount of non-ATP funding pledged to a project; and
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05/14/2024/ESD/T. Wells 2 2024-
WHEREAS, five points are awarded if more than 20% of the total project cost is with leveraged funds; and
WHEREAS, with the highly competitive nature of AP funds, it is advantageous for a local agency to contribute more than 20% of the total project cost and receive the full five points for this portion of the rubric; and
WHEREAS, the grant application will be for $11.5 million in ATP funds; and WHEREAS, due to the competitive nature of this grant funding and to maximize the allowable points for leveraging funds, the grant application will also show a local match of $3.48 million from the Measure L Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes submittal of a State of California grant application for Active Transportation Program (ATP) – Cycle 7 funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute all necessary grant documents.
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05/14/2024/ESD/T. Wells 3 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Cooperative Agreement with Caltrans for the Standiford Interchange Project CONTACT: Toby Wells, Director of Engineering Services / City Engineer, [email protected], 209-571-5542
DESCRIPTION:
Consider approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99. (Funding Source: Measure L and Capital Facilities Fee)
STRATEGIC PLAN ELEMENT:
This action for the Standiford Avenue at State Route 99 (SR99) Interchange Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure. Specifically, this item supports the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.
BACKGROUND:
The Standiford Avenue at SR99 Interchange was constructed incrementally in response to changing demands and available funding over time. Current deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the regional traffic impacts first and then look for ways to make improvements. Staff anticipates that this could result in significant changes to local roadways, resulting in increased safety and efficiency for movement of goods and services throughout the vicinity of Standiford and SR99.
The initial direction from Caltrans to staff is the need to reconstruct the SR99 overcrossing to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.
Interchange reconstruction and roadway realignment will be further complicated by the presence of a major electrical substation and drainage facility in the northeast quadrant of the existing facility. This interchange also serves as a grade-separated crossing of the Union Pacific Railroad and future expansion of the Altamont Corridor Express (ACE) Rail System. #10..
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City Council, May 14, 2024
Cooperative Agreement with Caltrans for the Standiford Interchange Project
On September 1, 2020, by Resolution No. 2020-340, Council approved amending the Capital Improvement Program (CIP) budget in the amount of $1,098,000 for Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.
On September 1, 2020, by Resolution No. 2020-339, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments (StanCOG) funding up to $1,098,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.
On April 6, 2021, by Resolution No. 2021-127, Council approved Cooperative Agreement with Caltrans for Project Initiation Document for the Standiford Avenue at SR99 Interchange Improvement Project.
On April 4, 2023, by Resolution No. 2023-128, Council approved a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731.
DISCUSSION:
The purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Standiford Avenue at SR99 interchange through reconstruction.
Stanislaus Council of Governments (StanCOG) is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Standiford at SR99 Interchange as a priority project for delivery in Measure L’s first 10 years. As a Measure L regional funding priority, this project is designated to receive up to $1,098,000 of the regional project share of Measure L funds for this phase of the project. StanCOG will reimburse the City of Modesto for identified costs associated with development of this project. Per the StanCOG adopted 2022 Measure L Update, the project is allocated an additional $6,948,000 for the future Plans, Specifications and Estimate (PSE) phase.
The first project phase is termed the Project Initiation Document (PID) phase. This is the first formal project phase in developing a solution for a specific transportation problem. The outcome of the project initiation process is a document that establishes a well-defined purpose-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule. Additionally, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID. Any major work on the State Highway System regardless of how it is funded requires an approved PID.
The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purposeand-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The #10..
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City Council, May 14, 2024
Cooperative Agreement with Caltrans for the Standiford Interchange Project
PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others.
Caltrans requires development of a PID prior to approval to begin the environmental project phase also known as the Project Approval and Environmental Document (PA&ED) phase. The PA&ED develops and establishes the State and Federal approvals necessary for the project to move to the Plans, Specifications and Estimate (PS&E) project phase. Approval of the PID, PA&ED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.
The PID phase is nearing completion with a draft report currently under review by Caltrans.
Therefore, the project is now ready to move to the second phase of development, PA&ED. In order to proceed, a Cooperative Agreement with Caltrans is required.
The Cooperative Agreement provides the framework and delineates the respective responsibilities of Caltrans and City of Modesto for the PA&ED phase of the project. This agreement is required for the City to take the lead on the project development for improvements that will be located on the State Highway system. Staff recommends authorization to execute the Cooperative Agreement to continue the project development for the Standiford Avenue at State Route 99 Interchange Project.
FISCAL IMPACT:
This project is included in the City’s Capital Facilities Fee (CFF) program, and it is also included in the Regional Measure L Strategic Plan1 managed by StanCOG. These initial phases of the project are supported by a combination of funding from both Measure L and CFF and already budgeted.
The Cooperative Agreement with Caltrans for the PA&ED phase doesn’t not require any additional payment to Caltrans therefore no additional funding is required for this agreement.
COMMITTEE RECOMMENDATION:
This project was presented to the Economic Development Committee on May 6, 2024 and was recommended for forwarding to Council for approval.
CEQA/NEPA REQUIREMENTS:
The environmental review of the project will be included in the PA&ED phase of the project and will be completed under the terms of the WMH agreement.
RECOMMENDED COUNCIL ACTION:
Staff Recommendation:
Resolution approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99 and authorizing the City Manager, or his designee to execute the Cooperative Agreement. 1 Measure L 2022 Strategic Plan Update: https://stanislausmeasurel.com/wp-content/uploads/2023/02/Measure-LStrategic-Plan-2022.pdf #10..
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City Council, May 14, 2024
Cooperative Agreement with Caltrans for the Standiford Interchange Project
Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Draft Agreement
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05/14//2024/ESD/TWells/Item X 1 2024-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH
CALTRANS FOR THE PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENT (PA&ED) PHASE OF THE STANDIFORD AVENUE AT STATE ROUTE 99 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE
TO EXECUTE THE COOPERATIVE AGREEMENT
WHEREAS, the State Route 99/Standiford Interchange was constructed incrementally in response to changing demands and available funding over time; and WHEREAS, the purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the State Route 99 highway and within the vicinity of the local transportation network of SR-99/Standiford Interchange through reconstruction; and
WHEREAS, the first phase of the Project is termed Project Initiation Document (PID) phase; and
WHEREAS, the outcome of the project initiation process is a document that establishes a well-defined purposes-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule; and
WHEREAS, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID; and
WHEREAS, the Department of Transportation (Caltrans) requires development of a PID prior to approval to begin the environmental project phase and the Cooperative Agreement for the PID phase was approved on April 5, 2021 by Resolution No.2021- 127; and
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05/14//2024/ESD/TWells/Item X 2 2024-XX
WHEREAS, the Project Approval and Environmental Document (PA&ED) phase develops and establishes the State and Federal approvals necessary for the Project to move to the final PS&E project phase; and
WHEREAS, the PID phase is nearing completion with a draft report currently under review by Caltrans; and
WHEREAS, the project is now ready to move to the second PA&ED phase of development; and
WHEREAS, approval of the Cooperative Agreement for PA&ED with Caltrans is the next step towards progressing the study and reconstruction of the SR99/Standiford Interchange project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route
99. BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Cooperative Agreement in a form approved by the City Attorney.
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05/14//2024/ESD/TWells/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
DIANE NAYARES-PEREZ, CMC, City
Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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DRAFT Agreement No. 10-0583
Project No.: 1020000195
EA: 10-1M500
10-STA-99-R19.80/R20.60
Agreement No. 10-0583 | 10-STA-99 | EA: 10-1M500
Page | 1
DRAFT
COOPERATIVE AGREEMENT COVER SHEET
Work Description
IMPROVE ACCESS AND SAFETY FOR ALL TRAVEL MODES IN THE AREA INCLUDING BICYCLES, PEDESTRIANS AND TRANSIT. ALSO, IMPROVE THE ECONOMIC VITALITY OF LOCAL COMMERCIAL
CENTERS AND CITY OF MODESTO
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Mimi Huie, Project Manager
1976 E. Martin Luther King Blvd
Modesto, CA 95205
Office Phone: (209) 607-3170
Email: [email protected]
CITY OF MODESTO
Toby Wells, Engineering Services Development Director/City Engineer 1010 10th Street
Modesto, CA 95354
Office Phone: (209) 571-5542
Email: [email protected]
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DRAFT Agreement No. 10-0583
Project No.: 1020000195
EA: 10-1M500
10-STA-99-R19.80/R20.60
Agreement No. 10-0583 | 10-STA-99 | EA: 10-1M500
Page | 2
DRAFT
Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ..................................................................................................1 Work Description .....................................................................................................................................1 Contact Information.................................................................................................................................1 CALTRANS ............................................................................................................................................1 CITY OF MODESTO ...............................................................................................................................1 COOPERATIVE AGREEMENT .........................................................................................................................4 RECITALS.......................................................................................................................................................4 RESPONSIBILITIES .........................................................................................................................................5 Sponsorship..............................................................................................................................................5 Implementing Agency ..............................................................................................................................5 Funding.....................................................................................................................................................6 CALTRANS' Quality Management.............................................................................................................6 CEQA/NEPA Lead Agency .........................................................................................................................7 Environmental Permits, Approvals and Agreements ...............................................................................7 Project Approval and Environmental Document (PA&ED).......................................................................7 California Environmental Quality Act (CEQA) ......................................................................................8 National Environmental Policy Act (NEPA) ..........................................................................................9 Schedule.................................................................................................................................................10 Additional Provisions..............................................................................................................................10 Standards ...........................................................................................................................................10 Noncompliant Work...........................................................................................................................11 Qualifications .....................................................................................................................................11 Consultant Selection ..........................................................................................................................11 Encroachment Permits.......................................................................................................................11 Protected Resources ..........................................................................................................................11 Disclosures .........................................................................................................................................12 Hazardous Materials ..........................................................................................................................12 Claims.................................................................................................................................................13 Accounting and Audits .......................................................................................................................13 #10..
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Interruption of Work..........................................................................................................................14 Penalties, Judgments and Settlements ..............................................................................................14 Project Files........................................................................................................................................14 GENERAL CONDITIONS ...............................................................................................................................14 Venue .....................................................................................................................................................14 Exemptions.............................................................................................................................................15 Indemnification ......................................................................................................................................15 Non-parties ............................................................................................................................................15 Ambiguity and Performance ..................................................................................................................15 Defaults ..................................................................................................................................................16 Dispute Resolution .................................................................................................................................16 Prevailing Wage......................................................................................................................................16 SIGNATURES .................................................................................................................................................1 #10..
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Modesto, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, Improve access and safety for all travel modes in the area including bicycles, pedestrians and transit. Also, improve the economic vitality of local commercial centers and City of Modesto, will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Report, Design Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
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If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. No PROJECT deliverables have been completed prior to this AGREEMENT.
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).
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11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS' Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in Chapter 38 of the Standard Environmental Reference (SER), available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-referenceser/volume-1-guidance-for-compliance/ch-38-nepa-assignment. This also includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.
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19. CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
20. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
21. CALTRANS is the CEQA Lead Agency for the PROJECT.
22. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
23. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.
24. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
25. It is expected that the PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
404 US Army Corps of Engineers
401 Regional Water Quality Control Board
State Waste Discharge Requirements (Porter Cologne)/Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES)/State Water Resources Control Board Project Approval and Environmental Document (PA&ED)
26. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
27. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
165.15.15.xx Essential Fish Habitat Consultation
165.15.15.xx Section 7 Consultation
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165.25.25 Approval to Circulate Resolution
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.10.05.45 Section 7 Consultation
180.15.05 Record of Decision (NEPA)
180.15.10 Notice of Determination (CEQA)
28. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.
29. CITY will provide written notice of the initiation of environmental studies to the CEQA and NEPA Lead Agencies prior to completing any other PA&ED phase work.
California Environmental Quality Act (CEQA)
30. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification. CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames.
31. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.
32. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.
33. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.
34. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.
35. The CEQA Lead Agency will attend all CEQA-related public meetings.
36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date.
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37. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities.
National Environmental Policy Act (NEPA)
38. Pursuant to Chapter 3 of Title 23, United States Code, Sections 326 and 327, CALTRANS is the NEPA Lead Agency for the PROJECT. CALTRANS is responsible for NEPA compliance, will determine the type of NEPA documentation, and will cause that documentation to be prepared in accordance with NEPA requirements.
CALTRANS, as the NEPA Lead Agency for PROJECT, is responsible for the review, comment, and approval all environmental documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) at appropriate stages of development prior to approval and public availability.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination and obtain, renew, or amend approvals pursuant to the Federal Endangered Species Act, and Essential Fish Habitat.
When required as NEPA Lead Agency, CALTRANS will conduct consultation and coordination approvals pursuant to Section 106 of the National Historic Preservation Act.
39. Any PARTY involved in the preparation of NEPA documentation will follow FHWA and CALTRANS standards that apply to the NEPA process including, but not limited to, the guidance provided in the FHWA Environmental Toolkit (available at http://environment.fhwa.dot.gov/index.asp) and the CALTRANS Standard Environmental Reference.
40. Any PARTY preparing any portion of the NEPA documentation (including, but not limited to, studies, reports, public notices, and public meeting materials, determinations, administrative drafts, and final environmental documents) will submit that portion of the documentation to CALTRANS for CALTRANS' review, comment, and approval prior to public availability. #10..
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41. CITY will prepare, publicize, and circulate all NEPA-related public notices. CITY will submit all notices to the NEPA Lead Agency for review, comment, and approval prior to publication and circulation.
CALTRANS will work with the appropriate federal agency to publish notices in the Federal Register.
42. The NEPA Lead Agency will attend all NEPA-related public meetings.
43. CITY will submit all NEPA-related public meeting materials to CALTRANS for CALTRANS’ review, comment, and approval at least ten (10) working days prior to the public meeting date.
44. If a PARTY who is not the NEPA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the NEPA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the NEPA public review process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the NEPA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the NEPA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.
The NEPA Lead Agency has final approval authority with respect to text or graphics that could lead to public confusion over NEPA-related roles and responsibilities.
45. CITY will ensure that the PROJECT is included in the approved Federal Statewide Transportation Improvement Program (FSTIP) prior to the NEPA Lead Agency’s approval of the environmental document.
Schedule
46. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
47. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.
CALTRANS standards include, but are not limited to, the guidance provided in the:
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CADD Users Manual
CALTRANS policies and directives
Plans Preparation Manual
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Standard Environmental Reference
Highway Design Manual
Encroachment Permits Manual
Noncompliant Work
48. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
49. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
50. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
51. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit which specifically allows them to do so. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
52. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
53. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
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Disclosures
54. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
55. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
56. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
57. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
58. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.
59. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
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60. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
61. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
Claims
62. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
63. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
64. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
65. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
66. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
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Interruption of Work
67. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
68. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgments and Settlements
69. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
70. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
71. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
72. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
GENERAL CONDITIONS
73. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
74. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
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Exemptions
75. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
76. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
77. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
78. PARTIES do not intend this AGREEMENT to create a third- party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
79. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
80. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654. #10..
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A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
81. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
82. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
83. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
84. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
85. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. #10..
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DRAFT Agreement No. 10-0583
Project No.: 1020000195
EA: 10-1M500
10-STA-99-R19.80/R20.60
Agreement No. 10-0583 | 10-STA-99 | EA: 10-1M500
Page | 17
DRAFT
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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DRAFT Agreement No. 10-0583
Project No.: 1020000195
EA: 10-1M500
10-STA-99-R19.80/R20.60
Agreement No. 10-0583 | 10-STA-99 | EA: 10-1M500
Page | 1
DRAFT
SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION
CITY OF MODESTO
Grace Magsayo
Acting District Director
Joseph P. Lopez
City Manager
Verification of Funds and Authority: Attest:
Michelle Ishaya
District Budget Manager
Diane Nayares-Perez
City Clerk
Certified as to financial terms and policies: Legally Approved:
Lai Saephan
HQ Accounting Supervisor
Jose M. Sanchez
City Attorney
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 30, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: The Home Depot Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:
Consider approving the Agreement for the purchase of operational supplies with The Home Depot USA, Inc. for a total amount not to exceed $1,600,000 over five years. (Funding Source:
Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Sustainability.
BACKGROUND:
The Home Depot provides paint and painting supplies, maintenance, repair and operational supplies and equipment. Home Depot has store fronts located in Stanislaus County which include Modesto, Riverbank, Ceres and Turlock with supplies readily available to employees.
Currently, City staff purchase from Home Depot utilizing their City procurement card. Using The Home Depot gives employees another resource for seeking the best value for the City of Modesto for supplies necessary to daily operations.
The City of Modesto used to have The Home Depot agreement under a Blanket Purchase Order (PO) which would allow City departments to purchase these supplies and Home Depot would allow the City to pay 30 days from the purchase at the storefront. However, this created challenges due to receipts not being provided to the administrative staff to process the receipt for payment. Due to receipts not being paid in the past, The Home Depot showed a significant past due balance on our account. It was also difficult to identify what receipts were past due, since the Blanket PO was established under a single customer account for multiple departments.
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City Council, May 14, 2024
The Home Depot Agreement
DISCUSSION:
On March 8, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for operational supplies for City departments. In 2016, Maricopa County, AZ coordinated with a cooperative agency, OMNIA Partners to issue Request for Proposal (RFP) #16154-RFP under Contract No. 16154 for Maintenance Supplies, Industrial Supplies and Related Products and Services. This RFP was advertised through Honolulu Star, Daily Journal of Commerce Oregon, and US Communities to publicly solicit this RFP. On September 22, 2016, five (5) proposals were received during the public bid opening at Maricopa County Office of Procurement services. The RFP established a term period of five years with one five-year extension option which was executed. All benefits from the original bid still apply under the fiveyear extension period with additional benefits including the increase in rebates. Based on the firm’s qualification, product lines and services proposed, and price outlined in the RFP, five (5) contracts were awarded for this commodity, which includes the operation supplies, industrial supplies, and related products. City staff recommends awarding to The Home Depot to purchase operational supplies for a two-year agreement with (3) three one-year extension options, for an annual estimated amount $320,000 and a total amount not to exceed $1,600,000 over five years.
OMNIA Partners is a cooperative agency which streamlines the procurement process by developing RFP’s for national competitive solicitations that meet or exceed local requirements.
The competitive process is continually refined to best meet agency needs and allows Sourcewell to offer exceptional products from nationally acclaimed vendors.
By utilizing this cooperative agreement with The Home Depot, the City will maximize on the benefits outlined below.
20% off on all interior, exterior paints and primers
Obtain discount pricing on off the shelf pricing for thousands of supplies Bulk discount pricing for over 4,000 supplies
Receive up to 5% rebate checks based on annual spending activity Receive additional discounts for purchases over $2,500 Obtain real-time reporting on all spending transactions through The Home Depot Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.
By utilizing the OMNIA Partners cooperative agreement, the City is complying with the requirements defined under this code for these goods.
FISCAL IMPACT:
Sufficient funds will be budgeted by all City departments who purchase through The Home Depot each fiscal year. Below is a breakdown of how the agreement will be allocated between all City departments.
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City Council, May 14, 2024
The Home Depot Agreement
Department Annual Agreement Amount
Engineering Services $ 5,000
Finance Stores $ 25,000
Modesto Fire Department $ 60,000
Modesto Police Department $ 30,000
Parks Recreation and Neighborhood $ 40,000
Public Works $ 60,000
Utilities Department $ 100,000
Total $ 320,000
Each transaction ranges from $100 to $2,500 when purchasing supplies through operational supplies and the fiscal year spending over the last two calendar years have ranged from $175,000 to $230,000.
COMMITTEE RECOMMENDATION:
This item was presented at the April 29, 2024, Finance Committee and approved to move forward to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Agreement for the purchase of operational supplies to The Home Depot USA. Inc by utilizing the Competitive Bidding Process from Maricopa County, AZ for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount of $320,000 and a total amount not to exceed $1,600,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
Approved by: _____
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Maricopa County Agreement
3. Scoring Abstract
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING THE AGREEMENT FOR THE PURCHASE OF
OPERATIONAL SUPPLIES TO THE HOME DEPOT USA. INC BY UTILIZING
THE COMPETITIVE BIDDING PROCESS FROM MARICOPA COUNTY, AZ FOR A TWO-YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $320,000 AND A TOTAL AMOUNT NOT TO EXCEED $1,600,000 OVER FIVE YEARS; AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE AGREEMENT
WHEREAS, The Home Depot provides paint and painting supplies, maintenance, repair and operational supplies and equipment; and
WHEREAS, The Home Depot has store fronts located in Stanislaus County which include Modesto, Riverbank, Ceres and Turlock with supplies readily available to employees; and
WHEREAS, on March 8, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for operational supplies for City departments; and WHEREAS, in 2016, Maricopa County, AZ coordinated with a cooperative agency, OMNIA Partners to issue Request for Proposal (RFP) #16154-RFP under Contract No. 16154 for Maintenance Supplies, Industrial Supplies and Related Products and Services; and
WHEREAS, this RFP was advertised through Honolulu Star, Daily Journal of Commerce Oregon, and US Communities to publicly solicit this RFP; and WHEREAS, on September 22, 2016, five (5) proposals were received during the public bid opening at Maricopa County Office of Procurement services; and WHEREAS, based on the firm’s qualification, product lines and services proposed, and price outlined in the RFP, five (5) contracts were awarded for this #11..
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2 commodity which includes the operation supplies, industrial supplies, and related products; and
WHEREAS, City staff recommends to award to The Home Depot to purchase operational supplies for a two year agreement with three one-year extension options, for an annual estimated amount $320,000 and a total amount not to exceed $1,600,000 over five years; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, by utilizing the OMNIA Partners, the City is complying with the requirements defined under this code for the procurement for the purchase of operational supplies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement for the purchase of operational supplies to The Home Depot USA. Inc by utilizing the Competitive Bidding Process from Maricopa County, AZ for a two-year Agreement with three (3) one-year extension options, for an #11..
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3 annual estimated amount $320,000 and a total amount not to exceed $1,600,000 over five years.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #11..
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4 The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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SERIAL 16154 RFP MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
(U.S. Communities) Contract - Home Depot U.S.A., Inc.
DATE OF LAST REVISION: November 21, 2019 CONTRACT END DATE: December 31, 2026 CONTRACT PERIOD THROUGH DECEMBER 31, 2021 2026
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL
SUPPLIES, AND RELATED PRODUCTS AND SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 11, 2017 (Eff. 02/01/17).
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
SA/mm
Attach
Copy to: Office of Procurement Services
Erick Blue, Facilities Management
Beth Cressman, Facilities Management
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CONTRACT PURSUANT TO RFP
SERIAL 16154-RFP
This Contract is entered into this 11th day of January, 2017 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Home Depot U.S.A., Inc., a Delaware corporation (“Contractor”) for the purchase of Maintenance Repair and Operating Supplies and Services.
1.0 CONTRACT TERM:
1.1 This Contract is for a term of Five (5) years, beginning on the 1st day of February, 2017 and ending the 31st day of December, 2021 2026.
1.2 The County may, at its option and with the agreement of the Contractor, renew the term of this Contract for additional terms up to a maximum of five (5) additional years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor in writing of its intent to extend the Contract term at least sixty (60) calendar days prior to the expiration of the original contract term, or any additional term thereafter.
1.3 CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement
2.0 FEE ADJUSTMENTS:
2.1 Any request for a fee or rebate offering adjustment must be submitted sixty (60) days prior to the current Contract expiration. Requests for adjustment in cost of labor and/or materials not identified in the awarded proposal must be supported by appropriate documentation. If County agrees to the adjusted fee or rebate offering, County shall issue written approval of the change.
The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey if the offering was awarded on a fixed price basis.
3.0 PAYMENTS:
3.1 As consideration for performance of the duties described herein, County shall pay Contractor the prices based on the discounts stated in Exhibit “A.” or Task Order.
3.2 For non-procurement card transactions, Payment shall be made upon the County’s receipt of a properly completed invoice.
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SERIAL 16154-RFP
3.3 INVOICES (NON-PROCUREMENT CARD TRANSACTIONS):
3.3.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide access to the following information:
• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
3.3.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
3.3.6 Invoices are required to contain access to the following information: (Maricopa County Facilities Management)
• Company name, address and contact
• County bill-to name and contact information
• Building Name and Building Number
• Contract Serial Number or
• County purchase order number
• Maximo (FMD) service call number
• Invoice number and date
• Date of service or delivery
• Description of Purchase (services performed)
• Pricing per unit of purchase
• Extended price
• Arrival and completion time
• Total Amount Due
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SERIAL 16154-RFP
3.3.7 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI).
3.3.8 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
3.3.9 Payment shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site (http://www.maricopa.gov/Finance/Vendors.aspx).
3.3.10 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
3.4 PAYMENT RETENTION: (By Task Order/Project if required)
3.4.1 Ten percent (10%) of monies paid for Project Management and Project Labor earned by CONTRACTOR related to work under this agreement may be retained by COUNTY until Final Completion of the services if mutually agreed to for a specific project.
COUNTY may elect to release specific retention payments based on mutually agreed milestones, but in no case shall retention be released prior to Final Completion. All other payment terms and conditions shall not be affected by the retention. In the event of termination or cancellation of this contract by County through no fault of CONTRACTOR, CONTRACTOR shall be entitled to the refund of any funds in the retention account.
3.4.2 The CONTRACTOR shall have the right, pursuant to Arizona Revised Statues, to submit securities in lieu of retention for all work completed. The CONTRACTOR is required to request this option at least ten (10) business days prior to submission of first Application for Payment to allow time for preparation of forms. The CONTRACTOR shall request and obtain securities forms through COUNTY. The COUNTY must identify either securities option or retention option prior to first Application for Payment.
3.5 APPLICABLE TAXES:
3.5.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices.
3.5.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state and local transaction privilege taxes. To the extent any state and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.5.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation.
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SERIAL 16154-RFP
3.6 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes and include the same in proposal price.
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price.
3.7 TAX (COMMODITIES):
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
Tax shall not be invoiced against Contractor’s labor. Sales/use tax will be determined by County. Tax will not be used in determining low price.
3.8 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
3.8.1 The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal.
3.9 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
3.9.1 County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract.
Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract
3.10 VOLUNTARY EMPLOYEE DISCOUNTS
3.10.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation.
3.10.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee are a matter between the vendor and the employee.
If a discount is offered, the terms will be announced to County employees.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this Contract. County shall keep the Contractor fully informed as to the availability of funds.
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SERIAL 16154-RFP
4.2 If any action is taken by any state agency, Federal department or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this Contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this Contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this Section, at least ten (10) days in advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “B”, Task Order or as otherwise directed in writing by the Procurement Officer.
6.0 TERMS and CONDITIONS:
6.1 INDEMNIFICATION AND LIMITATION OF LIABILITY:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligence or willful misconduct relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by gross negligence or willful misconduct in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
CONTRACTOR WILL NOT BE LIABLE TO COUNTY FOR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LIQUIDATED, EXEMPLARY, MORAL, OR CONSEQUENTIAL DAMAGES,
EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT.
6.2 INSURANCE.
6.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.
6.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily #11..
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SERIAL 16154-RFP
completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
6.2.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
6.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
6.2.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
6.2.6 Notwithstanding anything to the contrary contained herein, CONTRACTOR shall have the right to self-insure part or all of any of the insurance it is required to maintain hereunder in its sole discretion so long as CONTRACTOR maintains a net worth of not less than One Hundred Million ($100,000,000) Dollars. Such net worth shall be documented to COUNTY and COUNTY shall be advised in writing in the event such net worth requirement is not met. In the event that CONTRACTOR elects to self-insure all or any part of any risk that would be insured under the policies and limits described herein, and an event occurs where insurance proceeds would have been available but for the election to self-insure, CONTRACTOR shall make funds available to the same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrary herein.
6.2.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service.
6.2.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract.
6.2.10 Workers’ Compensation.
Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than #11..
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SERIAL 16154-RFP
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract.
6.2.11 Errors and Omissions (Professional Liability) Insurance.
Errors and Omissions (Professional Liability) insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions or professional liability of the CONTRACTOR, with limits of no less than $2,000,000 for each claim.
6.2.12 Builder’s Risk (Property) Insurance.
CONTRACTOR shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Contract amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than COUNTY has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of COUNTY, CONTRACTOR, and all subcontractors and sub‐subcontractors in the work during the life of the Contract and course of construction, and shall continue until the work is completed and accepted by COUNTY. For new construction projects, CONTRACTOR agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation construction projects, CONTRACTOR agrees to assume responsibility for loss or damage to the work being performed at least up to the full Contract amount, unless otherwise required by the Contract documents or amendments thereto. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Contract. Builders’ Risk insurance must provide coverage from the time any covered property comes under CONTRACTOR’S control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Risk insurance shall be primary and any insurance or self‐insurance maintained by the County is not contributory. If the Contract requires testing of equipment or other similar operations, at the option of COUNTY, CONTRACTOR will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy.
6.2.13 Certificates of Insurance.
6.2.13.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. Alternatively the County will accept an insurance industry recognized Memorandum of Insurance
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6.2.13.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
6.2.13.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
6.2.14 Cancellation and Expiration Notice.
Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to Procurement Officer noted in solicitation.
6.3 BOND REQUIREMENT: (If required by an individual Project/Task Order)
6.3.1 If requested for an individual Order and concurrently with the submittal of the proposal associated with the Order, the Contractor shall furnish the Contracting Agency the following bonds, which shall become binding upon the award of the contract to the Contractor
6.3.1.1 A Performance Bond equal to the full Contract amount ($________or as specified) conditioned upon the faithful performance of the Order in accordance with plans, specifications and conditions thereof. Such bond shall be solely for the protection of the Contracting Agency awarding the Order.
6.3.1.2 A Payment Bond equal to the full contract amount ($________or as specified) solely for the protection of claimants supplying labor and materials to the Contractor or his Subcontractors in the prosecution of the work provided for in such Order.
6.3.2 Each such bond shall include a provision allowing the prevailing party in a suit on such bond to recover as a part of his judgment such reasonable attorney’s fees as may be fixed by a judge of the court.
6.3.3 Each bond shall be executed by a surety company or companies holding a certificate of authority to transact surety business in the State of Arizona issued by the Director of the Department of Insurance. The bonds shall not be executed by an individual surety or sureties. The bonds shall be made payable and acceptable to the Contracting Agency.
The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the State of Arizona or whose principal office is maintained in this state, as by law required, and the bonds shall have attached thereto a certified copy of the Power of Attorney of the signing official. In addition, said company or companies shall be rated “Best-A” or better as required by the Contracting Agency, as currently listed in the most recent Best Key Rating Guide, published by the A.M. Best Company.
6.4 FORCE MAJEURE
6.4.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, #11..
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occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service.
6.4.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply.
6.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
6.4.4 The County shall reserve the right to terminate this Contract and/or any applicable order or contract release purchase order upon non-performance by Contractor. The County shall reserve the right to extend the Contract and time for performance at its discretion.
6.5 WARRANTY OF SERVICES:
6.5.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the Contract, including all descriptions, specifications and attachments made a part of this Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
6.5.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein for one year following the performance of those services. Services corrected by the Contractor shall be subject to all the provisions of this Contract in the manner and to the same extent as services originally furnished hereunder.
6.5.3 DISCLAIMER OF WARRANTIES FOR PRODUCTS. COUNTY’S SOLE AND
EXCLUSIVE WARRANTY FOR PRODUCTS, IF ANY, IS THAT PROVIDED BY THE PRODUCT MANUFACTURER. CONTRACTOR DISCLAIMS ALL
EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, WHETHER IMPLIED
BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LANGUAGE OF THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT
6.6 INSPECTION OF SERVICES:
6.6.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the Contract requires.
6.6.2 County has the right to inspect and test all services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. County shall perform inspections and tests in a manner that will not unduly delay the work.
6.6.3 If prior to completion of an Order any of the services required by that Order do not conform to Contract requirements, County may require the Contractor to perform the services again in conformity with Contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may:
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6.6.3.1 Require the Contractor to take necessary action to ensure that future performance conforms to Contract requirements; and
6.6.3.2 Reduce the Contract price to reflect the reduced value of the services performed.
6.6.4 If the Contractor fails to promptly perform the services again as provided in Section 6.6.3 or to take the necessary action to ensure future performance in conformity with Contract requirements, County may:
6.6.4.1 By Contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or
6.6.4.2 Terminate the Contract for default.
6.7 REQUIREMENTS CONTRACT:
6.7.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid is a requirements contract. However, the Contract does not guarantee any minimum or maximum number of purchases will be made. It only indicates that if purchases are made for the materials or services contained in the Contract, they will be purchased from the Contractor awarded that item if the Contractor can meet all the delivery requirements of the County. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.
6.7.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.7.3 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
6.8 BACKGROUND CHECK:
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office, County Attorney's Office, Courts as well as Maricopa County general government) to determine if the respondents employees are acceptable for the contractor to do business with the County. This applies to (but is not limited to) the company and sub-contractors. Employees or others who fail to pass these checks shall not be allowed to work on County projects. Failure to meet these requirements may lead to termination of the contract.
6.9 SUSPENSION OF WORK
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. #11..
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6.10 STOP WORK ORDER
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either—
6.10.1 Cancel the stop-work order; or
6.10.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this contract.
6.10.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
6.11 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
6.12 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to:
6.12.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension;
6.12.2 Make progress, so as to endanger performance of this contract; or
6.12.3 Perform any of the other provisions of this contract.
6.12.4 The County’s right to terminate this contract under these subparagraph may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County from any other party to the contract arising as the result of the Contract. #11..
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6.14 CONTRACTOR LICENSE REQUIREMENT:
6.14.1 The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses.
6.14.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1525 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
6.15 SUBCONTRACTING:
6.15.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. The County hereby consents to Contractor’s subcontracting work to Authorized Service Providers under contract with Contractor.
6.15.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
6.17 ADDITIONS/DELETIONS OF SERVICE:
6.17.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.17.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.18 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract.
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6.19 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract.
6.20 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
6.21 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona’s website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Arizona State Library Research website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this contract as if set forth in full herein. During the performance of this Contract, Contractor shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin.
6.22 ISRAEL BOYCOTT:
By signing this Contract, the Contractor certifies that they are in compliance with Article 9, Arizona Revised Statutes Section 35-393 et seq.
6.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency; have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
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have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.23.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers and directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; and
6.23.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a three (3) year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default.
6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution.
6.23.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract.
6.24 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
6.24.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all #11..
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employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 6.24.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
6.25 INFLUENCE
As prescribed in MC1-1202 MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy,
6.25.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
6.26 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS.
6.26.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
6.26.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request.
6.26.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW:
6.27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after #11..
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final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials.
6.27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented.
6.27.3 If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or deduction from current billings Submitted by the Contractor by the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County.
6.28 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance.
County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor.
6.29 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
6.30 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information. by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code.
6.31 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other similar customer for these or similar services under similar terms.
6.32 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied.
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6.33 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, coemployee, partnership, principal and agent, or joint venture between the County and the Contractor.
6.33.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County.
6.34 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona
6.35 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s license agreement, if applicable, the terms of this Contract shall prevail.
6.36 ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.37 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.37.1 This Contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this Contract when the County identifies a need and proper authorization and documentation have been approved.
6.37.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow.
Contractor specifically acknowledges to be bound by this cancellation policy.
6.38 PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
6.39 UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE #11..
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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq.
For purchases of $50,000 or greater under this agreement, the applicable participating entity must disclose to THD when it is receiving any federal funds related to that requested purchase prior to THD agreeing to that purchase.
6.40 CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so.
Any requests to the Contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination.
6.41 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.41.1 Exhibit A, Pricing;
6.41.2 Exhibit B, Scope of Work;
6.41.3 Exhibit C Facilities Management Requirements
NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
320 West Lincoln Street 160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor:
Home Depot U.S.A., Inc.
2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA. 30339 Columbus, OH 43218
ATTN: Contract Administration
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EXHIBIT A
PRICING
SERIAL 16154-RFP
NIGP CODE: 45041
RESPONDENT'S NAME: Home Depot U.S.A., Inc.
COUNTY VENDOR NUMBER : W000001453
ADDRESS: 2455 Paces Ferry Road PO BOX 193176,
Atlanta, GA 30339 Columbus OH 43218
P.O. ADDRESS: Each local The Home Depot stores
TELEPHONE NUMBER: 866-589-0690
FACSIMILE NUMBER: 866-589-0691
WEB SITE: www.homedepot.com
CONTACT (REPRESENTATIVE): Richard Nyberg
REPRESENTATIVE'S E-MAIL ADDRESS: [email protected] YES
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT [X] WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: [X]
PAYMENT TERMS. [X] NET 30 DAYS (See Below)
Note: Net 30 is for Home Depot Account transactions only. Payment is required at the time of each transaction.
Note: Net 60 payment terms for Home Depot Accounts may be available upon review of a customer's account information.
1.0 PRICING:
1.1 Do you offer a Rebate in lieu of a discount Yes
Details of your Rebate Program
· At least $10,000 to $25,000 Annual Net Sales (Pretax) = 1% Rebate · At least $25,000 to $100,000 Annual Net Sales (Pretax) = 2% Rebate · Over $100,000 Annual Net Sales (Pretax) = 5% Rebate
1.2 Pro Rewards Paint Program
Level
Discount
%
Minimum Annual Spend
on Paint
Gold 20% $ 7,500
Silver 15% $ 4,000
Bronze 10% $ 2,000
1.3 Volume Pricing Program
For any purchase over $1,500 more aggressive
pricing may be available through the Volume Pricing
Program.
For any planned order over $1,500, call in the
request for quote to the ProDesk of your local The
Home Depot
store and ask for it to be submitted for volume
pricing consideration.
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EXHIBIT B
STATEMENT OF WORK
CONTRACT FOR MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS AND SERVICES (U.S. Communities)
1.0 INTENT:
The Contractor shall have a strong national presence for a vast array of supplies and equipment necessary for maintenance and repair in residential, commercial and industrial environments for use by various public entities nationwide.
Other governmental entities under agreement with the County may have access to services provided hereunder.
The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest.
The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work.
1.1 INTRODUCTION, BACKGROUND AND INTENT:
MASTER AGREEMENT
Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is awarding a contract to a qualified supplier to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).
1.2 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Contractors are to have the broadest possible selection of MAINTENANCE, REPAIR,
OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS AND SERVICES they offer. The intent of this contract is to provide Participating Public Agencies with a comprehensive offering of products and services to meet their various needs.
1.2.1 Maintenance, Repair, Operating (MRO) Supplies and Related Services (Installation, Repair and Renovation) – A complete and comprehensive offering of wholesale and/or retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
1.2.2 Related Products and Services (Including Installation, Repair and Renovation Services) – A complete range of related products and services offered by Supplier including, but not limited to, installation, repair and renovation services for replacements, upgrades, and remodeling in the residential, commercial and industrial environments relating to any of the following (non-inclusive): roofing, gutters, downspouts, HVAC, plumbing, electrical, exterior decks, patios and porches, exterior siding, windows and #11..
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doors, interior and exterior painting, weatherization, ADA improvements, hose fabrication, hydraulic repairs, gearbox repairs, conveyor system repairs, vulcanizing, rubber fabrication, and any other types of residential, commercial and industrial environments.
2.0 SCOPE OF WORK:
2.1 MAINTENANCE, REPAIR, OPERATING SUPPLIES (MRO) AND RELATED SERVICES (INSTALLATION, REPAIR AND RENOVATION):
Provide a complete and comprehensive offering of Retail MRO supplies such as appliances, building materials, hardware, HVAC, kitchen and bath cabinets, janitorial supplies, landscaping equipment and supplies, motors, pumps, paints and coatings, plumbing, pool chemicals and supplies, hand-held general purpose tools, power tools, flooring, window coverings, and any other miscellaneous MRO supplies offered by Supplier.
In addition, a complete range of services available through the Supplier such as, but not limited to, installation, renovation services, repair services, training services and any other related services offered by Supplier.
2.2 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES):
2.2.1 Any related products offered by Supplier.
2.2.2 Services may also include replacements, upgrades, remodeling; and product, turnkey and major category installations.
2.2.3 Services performed shall be non-structural in nature.
2.2.4 Products used in performing these services shall be procured under the awarded contract, at contract prices.
2.2.5 These services may be required in the residential and commercial environments and may be any of the following (non-inclusive):
2.2.5.1 Roofing, Gutters, Downspouts
2.2.5.2 HVAC
2.2.5.3 Plumbing
2.2.5.4 Electrical
2.2.5.5 Exterior decks, patios and porches
2.2.5.6 Exterior Siding
2.2.5.7 Windows, Doors
2.2.5.8 Interior/Exterior Painting
2.2.5.9 Weatherization – Storm Windows/Doors, Insulation, Weather Stripping
2.2.5.10 ADA Improvements
2.2.6 Services:
2.2.6.1 Providing and managing qualified contractors
2.2.6.2 Budget management in keeping projects on budget
2.2.6.3 Project management services in design, planning, organizing, scheduling and managing all stages of a project.
2.2.7 Service Providers (Labor):
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2.2.7.1 Contractor shall serve as the single point of contact between Participating Public Agencies and Service Providers.
2.2.7.2 Contractor shall verify that all Service Providers are fully licensed for the type of work being performed in the respective state(s).
2.2.7.3 Contractor shall verify each Service Provider maintains at a minimum, the levels of insurance specified under in draft contract.
2.2.7.4 Contractor shall perform a background screen of all Service Providers consisting of (at a minimum):
2.2.7.4.1 National Employee Database
2.2.7.4.2 SSN Verification
2.2.7.4.3 National Criminal Database Check
2.2.7.4.4 Two County Search
2.2.7.4.5 Sex Offender Search
2.2.7.4.6 Annual Review (National Criminal Database)
2.2.7.4.7 Two (2) Year Complete Re-Screen and Renewal
2.2.7.4.8 Financial Background
2.2.7.5 All Service Provider employees shall wear a Service Provider’s issued picture identification badge at all times.
2.3 PRODUCT CATEGORIES:
This Agreement is to establish a nationwide purchasing agreement for the acquisition of MRO and related products/services. The category descriptive examples below are not to be considered restrictive, but rather, provide a general, non-inclusive, description of the category. These are standard use in the residential, commercial, and industrial environments. .
All products offered shall be new, unused and of the latest design and technology.
The intent is for each Proposer to submit their complete product line so that Participating Public Agencies may order a wide array of product as appropriate for their needs. You may subcontract items your firm does not supply.
2.3.1 CATEGORY 1: APPLIANCES
Large appliances: refrigerators, washers, dryers, dishwashing machines, stoves, cooktops, range hoods and ovens; TVs, DVR’s, small appliances: mixers, toasters, microwave ovens, food processors, disposals, trash compactors, and all ancillary supplies, tools, and components.
2.3.2 CATEGORY 2: BUILDING MATERIALS
Lumber (dimensional and timber), millwork, roofing, siding, plywood, paneling, hardwood, trim, molding, fencing, decking, gates, brick, block, doors, windows, bagged goods (concrete, mortar, sand, or asphalt), drywall, rebar, acoustical tiles, rain gutters, garage door openers, insulation, and all ancillary supplies, tools, and components.
2.3.3 CATEGORY 3: HARDWARE
Fasteners (nuts/bolts, screws, washers, rivets, nails), builders hardware (hinges, gate hardware, barrel bolts/hasps, corner braces, shelf brackets, closet hardware, springs), threaded rod/steel shapes, anchors, padlocks, lock sets, wheels, casters, ball bearings, rope, chain, metal stock, dry cell batteries, fire extinguishers, signs, cabinet hardware, mail boxes, safes, drop boxes, weatherization products, and all ancillary supplies, tools, and components.
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2.3.4 CATEGORY 4: HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) Equipment, package units, evaporative coolers, tools, parts, ducting, air filtration, thermostats, portable and fixed heaters, fans, and all ancillary supplies, tools, and components.
2.3.5 CATEGORY 5: KITCHEN AND BATH CABINETS
Kitchen cabinets, bath vanities, countertops, medicine cabinets, mirrors, and all ancillary supplies, tools, and components.
2.3.6 CATEGORY 6: JANITORIAL SUPPLIES
Cleaners, soaps, waxes, strippers, polishes, vacuums, brooms, mops, buckets, gloves, carts, paper goods, and all ancillary supplies, tools, and components.
2.3.7 CATEGORY 7: LANDSCAPING EQUIPMENT AND SUPPLIES
Lawn and landscape equipment (gasoline and electric), shovels, rakes, axes, hoes, hoses, nozzles, insect control, herbicides, fertilizers, plants, trees, sprinkler/irrigation equipment and supplies and all ancillary supplies, tools, an components.
2.3.8 CATEGORY 8: MOTORS/PUMPS
Fractional and full horse, starters, pulleys, belts, fans, motor controls, and all ancillary supplies, tools, and components.
2.3.9 CATEGORY 9: PAINTS AND COATINGS
All types of paints and coatings, wall paper, caulking, spray equipment, aerosol paints, pressure washers, sand blasters, finishes, abrasives, epoxy, cleaners, drywall supplies, tarps, compounds, adhesives, accessories, and all ancillary supplies, tools, and components.
2.3.10 CATEGORY 10: PLUMBING
Equipment, parts, piping and fittings, water heaters, furnaces, disposals, pneumatic piping, filters, commodes, sinks, bathtubs, showers, shower doors, faucets, water conditioning equipment, water dispensing equipment, salt, and all ancillary supplies, tools, and components.
2.3.11 CATEGORY 11: POOL SUPPLIES
Pool chemicals, tools, timers, pump/motor units, vacuum equipment, patio furniture, parts, and all ancillary supplies, tools, and components.
2.3.12 CATEGORY 12: TOOLS, HAND-HELD GENERAL PURPOSE
Hand-held (electric, battery, or pneumatic operated), including accessories, automotive type tools, welding equipment, testing and measuring tools, carts and hand trucks, work benches, tool cabinets, ladders, and all ancillary supplies and components.
2.3.13 CATEGORY 13: TOOLS, POWER TYPE
Electric or gas operated, mobile or stationary, bench or floor mounted, including accessories, and all ancillary supplies and components.
2.3.14 CATEGORY 14: FLOORING AND WINDOW COVERINGS
All flooring, including but not limited to, vinyl plank, VCT, vinyl tile, ceramic tile, hardwood, carpet tile, carpet and cove base; blinds, shades, screens, window glass, mirrors, parts, and all ancillary supplies, tools, and components.
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2.3.15 CATEGORY 15: HOSPITALITY
Guest room supplies and appliances, personal care amenities, telephones, bed and bath linens, housekeeping cleaning supplies, public restroom supplies, carts, banquet and conference room supplies, guest room and suite furniture, fixtures, and equipment, pool and patio equipment, and other hospitality supplies.
2.3.16 CATEGORY 16: WATER AND WASTE WATER TREATMENT
Aeration, chart and data recorders, chemical feed, collection systems, flow metering, gauges, grounds maintenance, hose, hydrants, lab chemicals, equipment, and testing, location and leak detection, level and pressure, pipe, plugs, process analysis, pumps, sampling equipment, storm water, tanks, tools, valves, and water treatment.
2.3.17 CATEGORY 17: MISCELLANEOUS
Including, but not limited to: shelving (metal or wood composite), safety and emergency equipment, first aid supplies, conditioning salt, scaffolding (purchased), packaging supplies, communication supplies, electrical supplies, lighting supplies, office products, and property management products.
2.3.18 CATEGORY 18: IN STORE SERVICES
Including, but not limited to: glass cutting, pipe threading, planning services (flooring and cabinet), verbal technical advice, special orders, rental equipment, etc.
2.4 PRODUCT ORDERING:
2.4.1 Contractor’s limited product line (Wholesale or Retail) shall be available for internet ordering 24/7.
2.4.2 Products may be ordered by any of the following methods:
2.4.2.1 Retail Stores (Point of Sale)
2.4.2.2 Internet (Homedepot.com )
2.4.2.3 Other eProcurement options
2.4.2.4 Will Call (Phone or FAX order)
2.5 PRODUCT PRICING:
Retail:
Products shall be sold at their retail price. An annual volume rebate will be paid to Participating Public Agencies (see Exhibit A). For any purchase over $1,500, more aggressive pricing may be available through the Volume Pricing Program. The discount offered through this program will depend on dollar value, quantity and type of material. In addition, the Pro Rewards Paint program offers Participating Public Agencies further discounts on their paint only purchases (see Exhibit A).
2.6 ON-LINE CATALOG DISCOUNT PRICING:
Presently, the capability exists to access a limited on-line catalog reflecting contract pricing of products.
2.7 RELATED PRODUCTS AND SERVICES (INSTALLATION, REPAIR AND RENOVATION SERVICES) PRICING:
2.7.1 All Participating Public Agencies shall receive a detailed written quotation for all services to be performed, and product(s) to be provided. #11..
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2.7.2 All quotations shall be for a “not to exceed” amount.
2.7.3 As an audit tool, the Contractor(s) shall provide a copy of the most current R.S. Means Bare Cost Data (including any city cost index adjustment) pertaining to all written quotations.
2.7.4 Spending on services shall be included in the annual volume rebate (see Exhibit A).
2.8 SALES REPORTING:
2.8.1 Sales Dollars
2.8.2 Sales histories by manufacturer, item description, part number, quantity, NIGP codes
2.8.3 Procurement card (MasterCard or Visa brand)
2.9 BRAND NAMES:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. . Materials substantially equivalent to those designated shall qualify for consideration of an order.
2.10 DELIVERY, FREIGHT REQUIREMENTS:
2.10.1 All domestic ground shipments shall be FOB Destination, Freight Prepaid and Included.
Any handling fees shall also be included in the pricing.
2.10.2 Any requests for local delivery of orders placed at local stores shall be subject to local delivery fees, if applicable.
2.10.3 Shipping and handling fees are allowable to destinations outside the continental U.S.
2.10.4 A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.10.4.1 Contract Serial number
2.10.4.2 Contractor’s name and address
2.10.4.3 Participating Public Agency’s name and address
2.10.4.4 Participating Public Agency’s purchase order number
2.10.4.5 A description of product(s) shipped, including item number(s), quantity (is), number of containers and package number(s), as applicable
3.0 PROCUREMENT REQUIREMENTS:
3.1 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at ordering Agencies locations for those items requested to be delivered. Delivery charges may apply based on location.
3.2 OPERATING MANUALS (If required):
Upon delivery, Contractor shall provide comprehensive operational manuals, service manuals and schematic diagrams, if required by the Using Agency.
3.3 INSTALLATION: (If required):
The Contractor’s price shall include delivery and installation of all equipment in a complete operating condition.
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3.4 ACCEPTANCE: (If required):
Upon delivery and successful installation, the material(s) shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
3.5 CONTRACTOR EMPLOYEE MANAGEMENT:
3.5.1 Contractor shall endeavor to maintain the personnel proposed in their offer throughout the implementation of the Agreement. In the event that Contractor personnel’s employment status changes, Contractor shall provide County a list of replacement personnel. . Under no circumstances is it acceptable for the implementation schedule to be impacted by a personnel change on the part of the Contractor.
3.5.2 County reserves the right to immediately remove from its premises any Contractor personnel it determines is a risk to County operations.
3.5.3 County reserves the right to request the replacement of Contractor personnel at any time, for any reason.
3.6 WARRANTY:
Home Depot SOW Information: All repair and renovation services performed by Home Depot carries a one (1) year workmanship warranty and all manufacturers’ product warranties shall be passed on to the end customer as further detailed in Contract section 6.5. Home Depot also offers a robust return policy on product purchases, whereas (most) returns within 90 days of purchase are accommodated with a valid sales receipt for exchange, refund, credited to an associated Home Depot
3.6.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
3.6.2 The warranty period for workmanship shall be for an initial period of twelve (12) months and commence upon acceptance by County.
3.6.2.1 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied complies with all applicable regulations.
3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY (if required):
The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the products. Minimum service hours shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday.
3.8 USAGE REPORT:
The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. #11..
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE:
1.1 REGULAR HOURS are between 6:00 AM and 6:00 PM, Monday through Friday, excluding County holidays.
1.2 AFTER HOURS is after 6:00 PM and prior to 6:00 AM, Monday through Friday.
1.3 WEEKENDS are anytime Saturday or, Sunday.
1.4 HOLIDAYS are County Holidays (See County holiday schedule attachment).
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and strive to respond to a call for services within thirty (30) minutes of receipt.
2.0 RESPONSE TIMES:
2.1 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on-site within four (4) hours of receipt of a service request if a site visit is mutually determined to be required.
2.2 If the request is designated by the County as an EMERGENCY, the contractor shall strive to respond on-site within two (2) hours of receipt of a service request regardless of the time of day, WEEKEND or HOLIDAY if a site visit is mutually determined to be required.
3.0 TRIP CHARGE:
Trip charges are permitted when time and material work is requested at the following sites only:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
3.5 Only one trip charge may be charged per service call.
3.6 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge (maximum one time daily trip charge not to exceed $50.00). The Contractor is not authorized to incur nor will the County accepting billing for any labor charges.
4.0 CONTRACTOR REQUIREMENTS:
4.1 Contractor(s) shall supply all labor, supervision, materials, tools, equipment, and effort necessary to perform the Scope of Work presented.
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4.2 The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
4.3 The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work.
4.4 All employees of the Contractor shall wear a company uniform identified with the company name that may include one of the following:
4.4.1 Shirt/blouse
4.4.2 Vest
4.4.3 Cap
4.4.4 Badging that identifies the business they work for
4.5 No one except authorized employees of the Contractor is allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
4.6 The Contractor shall perform the work in a way to minimize disruption to the normal operation of building occupants. Upon completion of work the Contractor shall clean and remove from the job site all debris, materials and equipment associated with the work performed.
4.7 Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the job site.
5.0 BUILDING SECURITY (KEYS):
5.1 The Contractor may be provided keys to required County Facilities at the discretion of FMD.
Keys may be acquired by:
5.2 The Contractor being provided permanent key(s), wherein the Contractor verifies receipt of and accepts responsibility for keys. The keys must be returned at the completion of the work or at the direction of FMD. Keys not returned may cause the County to re-key the ENTIRE building or locations that the set of keys opened with the cost being borne by the Contractor.
5.3 In lieu of or in addition to keys, the Contractor may be provided card access badges at the discretion of FMD.
5.4 The Contractor shall notify FMD within twenty-four (24) hours if any keys are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.0 Once the Purchase Order is complete, expired, or terminated the Contractor shall immediately return all badges and keys to FMD.SALVAGE:
Salvage rights shall be evaluated on a project by project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvage rights automatically apply for all work if in the best interest to the County. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County.
If contractor is given salvage rights, salvageable materials shall be removed daily. No on site storage of contractor’s salvaged materials will be permitted.
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7.0 INVOICES AND PAYMENTS:
For transactions using a Home Depot Net 30 Account, Invoices are required to contain the following information and should be e-mailed to [email protected] If invoices cannot be e-mailed, U.S. Mail is acceptable to Maricopa County Facilities Management, Accounts Payable, 401W. Jefferson, Phoenix, Arizona 85003 – or to the address that was used in establishing the associated Home Depot Account.
7.1 Company name, address and contact information
7.2 County bill-to name and contact/requestor information
7.3 Building Name and Building Number
7.4 County purchase order number
7.5 County contract number
7.6 Maximo (FMD) service call number
7.7 Invoice number and date
7.8 Date of service or delivery
7.9 Description of Purchase (services performed)
7.10 Labor breakdown: rate per hour x no. of hours by personnel type (time & materials)
7.11 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted (time & materials)
7.12 Arrival and completion time
7.13 Total Amount Due with tax amounts separated. Must also clearly indicate the tax rate being applied
7.14 Payment Terms
For Time & Material work, Contractor(s) must provide, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. Contractor(s) are allowed a one-time Misc. Shop fee charge of up to $25.00 per work order to cover these type of expenses. Anything beyond the $25 limit, will be provided at the contractor’s own expense.
8.0 CONTRACTOR EMPLOYEE BACKGROUND CHECK:
A background check is required for all Contractor employees providing services to the County. The cost of this service shall be incurred by the County. No Contractor employee may access County property without approval of FMD.
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16154 EXHIBIT C
FACILITIES MANAGEMENT REQUIREMENTS
Maricopa County Facilities Management operation requirements.
1.0 HOURS OF SERVICE (any fluctuations to these hours will be handled in the Solicitation):
1.1 REGULAR HOURS are between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, excluding County holidays.
1.2 AFTER HOURS are between the hours of 6:00 p.m. and prior to 6:00 a.m., Monday through Friday.
1.3 WEEKENDS are anytime on a Saturday or a Sunday.
1.4 HOLIDAYS are County holidays.
1.5 Services shall be available 24 hours per day, 7 days per week, 365 days per year.
1.6 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. weekdays except for County holidays.
2.0 BEGINNING OF WORK:
2.1 Contractor shall provide 24 hours per day, 7 days per week, 365 days per year telephone access, and use best efforts to respond to a call for services within thirty (30) minutes of receipt via phone or email.
2.2 During REGULAR HOURS, AFTER HOURS, WEEKEND or HOLIDAYs, Contractor shall strive to respond on-site to begin work within four (4) hours of receipt of a service request unless arranged for a later date/time with the County per the work order or notice to proceed.
2.3 The four (4) hour response time shall carryover to the next working day if called into Contractor’s office as a non-emergency call after 2:00 p.m. The Contractor will be required to begin work by 8:00 a.m. the following day, as mutually agreed to by the Parties.
2.4 Contractors shall strive to respond to EMERGENCY requests immediately and report onsite to begin work within two (2) hours service call request regardless of the time of day, WEEKEND or HOLIDAY.
3.0 TRIP CHARGE:
One-time trip charges of $50.00, or other amount only if previously identified to the Maricopa County contact and agreed to by them (one per work order), are permitted when Time and Materials work is requested at the following sites ONLY:
3.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon and Saguaro)
3.2 County offices located in Gila Bend, AZ
3.3 County offices located in Buckeye, AZ
3.4 County offices located in Aguila, AZ
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4.0 DEAD END CHARGE:
If the Contractor is unable to locate a County representative familiar with the work or is unable to gain access to the work site, the Contractor shall call the County Boiler Room (602-506-3310). The Boiler Room technician will give Contractors further instruction at this time. If the Contractor is delayed or turned away, a $50.00 trip charge shall be authorized by the County.
5.0 CONTRACTOR REQUIREMENTS:
5.1 Contractor shall provide and maintain during the entire period of this contract, all labor, supervision, materials, effort, tools, and equipment sufficient in number, condition and capacity to efficiently perform the work and render the services required by this contract.
Contractor shall provide evidence of his ability to furnish equipment and personnel. The Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per Scope of Work presented.
5.2 The Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. Upon completion of work, the Contractor is responsible for cleaning and removing from the job site; all debris, materials, and equipment associated with the work performed and County property is restored to the same condition prior to start of the job. Such disturbances may include, but are not limited to: loose dirt, dislocated gravel; removed vegetation; footprints; old asphalt/concrete; etc.
Documentation will be performed through an audit and feedback system of contract administration. If an inspection reveals that the Contractor failed to clean up after work has been performed, the County will notify the Contractor of the discrepancy and the Contractor will have twenty-four (24) hours to make the needed correction. Should the Contractor fail to correct noted issues, the County reserves the right to make other arrangements to have the area cleaned and the cost of such work shall be offset from any monies due the Contractor.
5.3 The Contractor shall perform all services in such a manner that does not damage County property. In the event damage occurs to Maricopa County property, or any adjacent property due to any services performed under this contract, the Contractor shall notify the County representative immediately of damages and replace or repair the same at no cost to the County. If damage caused by the Contractor has to be repaired or replaced by the County, and the cost of such work shall be deducted from the monies due the Contractor.
5.4 Contractor’s bidding on this solicitation may visit the sites to determine conditions that would affect prices and work performance. As some sites do have internal restrictions, a site visit may be scheduled if necessary. See GIS link for site directions:
https://gisportal.maricopa.gov/FMD/Facility/Index.html.
5.5 Contractors must have a facility sufficient to support the work contemplated by this contract within fifty (50) miles of 401 W. Jefferson St., Phoenix AZ 85003.
5.6 The Contractor agrees to utilize only experienced, responsible, and capable people in the performance of the work.
5.7 All vehicles used by Contractor shall be clearly identified with the name of the company on each side of the equipment, including personnel transportation vehicles, or consistent with the Contractor’s business practices. The letters shall be of such size that they are distinguishable from a reasonable distance or consistent with the Contractor’s business practices.
5.8 All employees of the Contractor shall wear a company uniform identified with the company name that may include of one of the following:
• Shirt/blouse
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• Vest
• Cap
5.9 Only authorized employees of the Contractor are allowed on the premises of Maricopa County. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the Contractor.
5.10 All work must comply with EPA, OSHA, and any State, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, State, County, and Municipal governments pertaining to safety on the jobsite. If the Contractor is found not to be in compliance with Federal, State, County, and/or Municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the Using Agency. Continued non-compliance may result in termination.
6.0 BUILDING ACCESS:
6.1 The Contractor may be provided access to County Facilities at the discretion of Facilities Management. keys, badges, or access cards will be provided per the following guidelines:
6.2 Contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn-in key set after completion of duties unless they are issued a permanent key.
6.3 Permanent keys may be provided to Contractor employees on a case-by-case basis. Should an employee leave the Contractor’s work force, Contractor must immediately notify the County and keys, badges, and access cards must be returned to the County.
6.4 The Contractor shall notify the County within twenty-four (24) hours if any keys, badges, or access cards are lost, misplaced, stolen or otherwise not within the Contractor’s control.
6.5 Once this agreement is complete, expired, or terminated, the Contractor shall immediately return all keys, badges, or access cards to the County.
6.6 Failure to comply with these requirements may result in the Contractor being assessed the cost of replacing keys or access cards and any associated cost to ensure the security of County facilities including but not limited to, re-keying the ENTIRE building at the expense of the Contractor.
7.0 CANCELLATION COST:
Any scheduled work cancelled without a minimum of 48 hours prior notice to the County will be rescheduled with the Contractor and is subject up-to a 25% reduction of the cost.
8.0 SALVAGE:
Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County and shall be determined prior to incorporation in the Contractor’s bid price. Salvageable materials without pre-approved Contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from Maricopa County. If Contractor is given salvage rights, salvageable materials shall be removed daily. On-site storage of Contractor’s salvaged materials is not permitted.
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9.0 DELIVERY:
9.1 Delivery shall be made to the County no later than 3:00 p.m. on the seventh (7th) calendar day after order is received.
9.2 Exceptions to delivery schedule will be special order items that must be identified to the County.
9.3 Maricopa County reserves the right to obtain material on the open market in the event vendors fail to make delivery and charge any price differential to the vendor.
9.4 Delivery will be made to the following address:
FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE
2401 S. 28th Dr.
Phoenix, AZ 85009
Warehouse Manager: 602-506-1935
Warehouse Specialist: 602-506-1943
Receiving hours: 7:00 a.m. – 3:00 p.m.
10.0 FACILITIES MANAGEMENT INVOICES AND PAYMENTS:
10.1 Payment terms shall be calculated based on the date a properly completed invoice is received by the County.
10.2 For transactions using a Home Depot Net 30 Account, Contractors shall provide the County with invoices no later than fourteen (14) days after all services and delivery of goods are complete and accepted by the County rendered final.
10.3 Home Depot Account invoices should contain access to the following information:
• Company name, address and contact information
• County bill-to name and contact/requestor information • Building name and building number
• County purchase order number
• Contract or BidSync agreement number
• Maximo (Facilities Management) work order number
• Invoice number and date
• Date of service or delivery (for Project work: use “Completion date”) • Description of services performed
• Line item description of parts and materials (Time and Materials work) • Line item labor breakdown: arrival and completion time, rate per hour x no. of hours by personnel type (Time & Materials work)
• Total amount due with tax amounts separated (Time and Materials work). *On a separate line, clearly indicate the tax rate being applied #11..
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• Payment Terms as stated in the agreement
10.4 Questions regarding billing or invoicing shall be directed to the email address below.
10.5 Invoices shall be e-mailed to: [email protected]
10.6 If invoices cannot be e-mailed, send by mail to:
Maricopa County Facilities Management – Accounts Payable 401 W. Jefferson St.
Phoenix, Arizona 85003
10.7 Payment shall be made to the Contractor by the Accounts Payable/Finance department through an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Contractor Registration Form located on the County Department of Finance Contractor Registration Web Site (http://www.maricopa.gov/922/Vendors).
10.8 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
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HOME DEPOT U.S.A., INC., PO BOX 193176, COLUMBUS OH 43218 2455 PACES FERRY ROAD, ATLANTA, GA. 30339
PRICING SHEET: NIGP CODE 45041
Terms: NET 30
Vendor Number: VC0000005735
Certificates of Insurance Required
Contract Period: To cover the period ending December 31, 2021 2026. #11..
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16154-RFP
MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS
EVALUATION SCORES
MRO WHOLESALEMRO WHOLESALE
INDUSTRIAL WHOLESALE
RETAIL
HD SUPPLY
INTERLINE GROUP
APPLIED INDUSTRIAL
TECHNOLOGIES
HOME DEPOT
40 36.6 36.0 37.8 37.6
183.0 180.0 189.0 188.0
30 30.0 29.8 30.0 30.0
150.0 149.0 150.0 150.0
30 24.9 30.0 30.0 30.0
124.5 150.0 150.0 150.0
TOTAL 100 91.5 95.8 97.8 97.6
TOTAL WITHOUT PRICE 66.60 65.80 67.80 67.60
STEVE DAHLE
______________________________
_____________________________
DATE
5.7.1 Firms Qualifications (Including responses to the USC Attachment D and Exhibit 7)
5.7.2 PRODUCT LINES AND SERVICES PROPOSED
5.7.3 Price
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 14, 2024
Date: April 23, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
SUBJECT: Purchase of Fleet Additions and Replacement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:
Consider approving the purchase of various Fleet Additions and Replacement of Fleet Vehicles which include four (4) Half-Ton Crew Cab Short Bed Pickup Trucks and five (5) Half-Ton Extended Cab Short Bed Pickup Trucks from Napa Ford, Napa, CA in an amount not to exceed $608,388. (Funding Source: Fleet Replacement Fund and Measure H) STRATEGIC PLAN ELEMENT:
This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.
BACKGROUND:
Each year, City vehicles and equipment are individually evaluated based on age, condition, mileage, and maintenance costs including the addition of new vehicles due to the operational needs of the city. Following this process, a Fleet Addition and Replacement List is submitted to Council and is approved as part of a new fiscal year’s Public Works Fleet Budget.
Fleet Additions:
IFB Vehicle
#
Description Dept. Year of
Vehicle
Hours Repair
Cost
2324-37 Addition Three (3) HalfTon Crew Cab
Short Bed Pickup
Truck
MPD. Park
Rangers
N/A N/A N/A
2324-38 Addition Five (5) Half-Ton
Extended Cab
Short Bed Pickup
MPD.Alternative
Response Unit
N/A N/A N/A
These eight trucks will be used to support the efforts for the Modesto Police Department Park Rangers program. The Park Ranger program is expanding services to provide additional #12..
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City Council, May 14, 2024
Purchase of Fleet Additions and Replacement