Agenda packet — Modesto City Council, June 4, 2024 (part 1 of 11)

- 1 -
6/4/2024 5:30:00 PM
Via Teleconference
Councilmember Ricci
South San Francisco – City Hall
City Manager’s Conference Room – 2nd Floor
400 Grand Avenue
South San Francisco, CA. 94080

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 04, 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.
- 1 -
6/4/2024
- 2 -
6/4/2024 5:30:00 PM
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 -
6/4/2024
- 3 -
6/4/2024 5:30:00 PM
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: Joe Duran, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring June as Pride Month. (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 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. - 3 -
6/4/2024
- 4 -
6/4/2024 5:30:00 PM

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

Consent

2. Consider approving the minutes for the May 14, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the May 14, 2024 Council Meeting.

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

3. Consider approving Final Adoption of Ordinance 3781-C.S. 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. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3781-C.S. 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 CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

4. Consider approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 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. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 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.

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

5. Consider approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications - 4 -
6/4/2024
- 5 -
6/4/2024 5:30:00 PM
Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City and County. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent

6. Consider approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director and appointing Councilmembers as Commissioners to the Consolidated Emergency Dispatch Agency. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, authorizing the City Manager or his designee to execute the Agreement, and appointing Mayor Zwahlen and Councilmember Bavaro as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Wright as an Alternate Commissioner.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent

7. Consider approving the Fiscal Year 2024-2025 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution establishing the appropriation limit for the Fiscal Year 2024-2025 annual budget.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

8. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $854,598; and authorizing the City Manager, or his - 5 -
6/4/2024
- 6 -
6/4/2024 5:30:00 PM
designee to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000). (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000).

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

9. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473. (Funding Source:

Information Technology Fund and Various Funds)
Staff Recommendation:
 Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2024-2025.

IT; Kevin Harless, 209-571-5593, [email protected] Consent

10. Consider approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025.

PRN; Jeremy Rogers, 209-577-5347, [email protected] Consent

11. Consider approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $4,850,581. (Funding Source: Parks CFF Fund, Parks & Air Quality CFF Fund)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279, plus $359,302, in contingency (if needed), for a total payment amount not to exceed $4,850,581 and authorizing the City Manager, or his designee, to execute the contract.
- 6 -
6/4/2024
- 7 -
6/4/2024 5:30:00 PM
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101017 (Mary Grogan Park – Phase 2) in an amount of $1,666,233 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

12. Consider approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and approving a Construction Contract with Frontline General Engineering Construction, Inc., of Tracy, CA for a total amount not to exceed $1,397,466. (Funding Source: Youth Soccer and Recreation Development Grant, Parks Fund, Parks and Air Quality CFF Fund and TRRP CIP Fund)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA, in the amount of $1,270,424, plus $127,042, in contingency (if needed), for a total payment amount not to exceed $1,397,466 and authorizing the City Manager, or his designee, to execute the contract.  Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $130,000 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

13. Consider approving adjustments to various airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 1, 2024, rescinding Resolution No. 2023-355. (Funding Source: Airport Operating Revenue, Fund 4310) Staff Recommendation:
 Resolution approving adjustments to various airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2024, and rescinding Resolution No. 2023-355.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent

14. Consider approving an Agreement for Safe Streets and Roads for All to Alta Planning + Design Inc. Oakland CA to analyze roadway accidents for a total amount not to exceed $1,104,326.00 over a two-year period. (Funding Source: Safe Streets for All Grant and Local Measure L)
Staff Recommendation:
 Resolution awarding the Safe Streets and Roads for All Agreement to Alta Planning + Design, Inc of Oakland, CA, in the amount of $1,003,933 and a 10 - 7 -
6/4/2024
- 8 -
6/4/2024 5:30:00 PM
percent contingency amount of $100,393 for the total amount not to exceed $1,104,326, and authorizing the City Manager, or his designee, to execute the agreement.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent

15. Consider approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technology Corp. of Reston, Virgina, for a total amount not to exceed $193,365. (Funding Source: Solid Waste Management Fund and SB 1383 Grant from CalRecycle)
Staff Recommendation:
 Resolution approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technologies Corp., of Reston, Virginia for a total amount not to exceed $193,365, and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] Consent

16. Consider approving the First Amendment to the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California, Holt of California, Salida, California and United Rentals (North America) Inc., Modesto, California, for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised amount not to exceed $3,000,000. (Funding Source: Fleet Management Fund) Staff Recommendation:
 Resolution approving the First Amendment for the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, for Rental Fleet Services for the Agreements for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed a total amount of $3,000,000, and authorizing the City Manager, or his designee, to execute the amendments.

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

17. Consider approving the Second Amendment for bulk oils and lubricants with Hunt & Sons, Inc., Ceres, CA, to a revised total amount of $1,743,201 (Funding Source: Fleet Management Fund)
Staff Recommendation:
 Resolution approving the Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, for an increase by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement, and authorizing the City Manager, or his designee to execute the amendment.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] - 8 -
6/4/2024
- 9 -
6/4/2024 5:30:00 PM
Consent

18. Consider approving the Second Amendment to the Agreement for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025. (Funding Source: Fleet Management Fund) Staff Recommendation:
 Resolution approving the Second Amendment for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025, and authorizing the City Manager, or his designee to execute the amendment.

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

19. Consider approving Agreements for the purchase and delivery of chemicals for wastewater treatment with Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a total amount not to exceed $1,221,021, over five years. (Funding Source: Sewer Operations Fund) Staff Recommendation:
 Resolution approving the Award of Bid and Agreements for the purchase and delivery of chemicals for wastewater treatment to Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a one-year agreement with four one-year extension options, for an annual estimated amount of $200,000 and a total combined amount not to exceed $1,221,021 over five years; and authorizing the Director of Finance, or her designee, to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on May 24, 2024.

20. Hearing to consider and approve the Final Proposed Fiscal Year 2024-25 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
- 9 -
6/4/2024
- 10 -
6/4/2024 5:30:00 PM
Staff Recommendation:
 Resolution approving the adoption of the Fiscal Year 2024-25 Annual and Multi-Year Operating Budgets and the 2024-25 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.  Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2024-25 Final Proposed Budget.  Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.  Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.

BUDGET; Steve Christensen, 209-577-5390, [email protected]

NEW BUSINESS

21. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act (ARPA) funds defined under Exhibit A. (Funding Source: American Rescue Plan Act Funds)
Staff Recommendation:
 Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]

22. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Firefighter’s Association (MCFFA) for a term of July 1, 2024, to June 30, 2028; and granting salary changes and benefit offerings to unrepresented sworn fire management. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Firefighters’ Association (MCFFA) for a term of July 1, 2024 to June 30, 2028, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.
 Resolution approving salary changes for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in the represented unit, effective June 18, 2024, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; amending the summary of salary ranges and schedules previously approved by Resolution 2023-321, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.
 Resolution approving changes to benefit offerings for Unrepresented Sworn - 10 -
6/4/2024
- 11 -
6/4/2024 5:30:00 PM
Fire Management Employees, including Fire Chiefs and Executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.  Resolution amending the Fiscal Year 2024-25 annual Operating Budget for the Memorandum of Understanding (MOU) Agreements with the Modesto City Firefighter’s Association (MCFFA) and Unrepresented Sworn Fire Management and authorizing the City Manager to take the necessary actions to implement the required budget adjustments.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

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

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JUNE 4, 2024 AT 4:30 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:
- 11 -
6/4/2024
- 12 -
6/4/2024 5:30:00 PM

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Ana Sepulveda v. Nestle Waters North America Holdings Inc. & City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-21-006197
Magda Abraham v. City of Modesto, et al.

Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Kirstin Normark v. City of Modesto, et al.

Superior Court of California, County of Stanislaus
Case No.: CV-24-003441
Thomas Edward Humphrey v. Modesto Police Department
U.S. District Court- Eastern District of California
Case No.: 2:24-CV-01127-KJM-CSK
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 12 -
6/4/2024
- 1 -
5/14/2024 5:30:00 PM

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 14, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Dallas Jackson, Renew Church
City Clerk’s Announcements: Emails were received and forwarded to Council.

Declaration of Conflicts of Interest: Item 20- Vice Mayor Alvarez recused due to possible conflict.

Reports from Closed Session: No reportable action.

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] ACTION: Jessica Hill introduced Megan Clifford who provided an overview of Downtown Streets Team’s achievements over the past five years. Mayor Zwahlen presented the Audrey Nelson Community Development Achievement Award to the City of Modesto for its partnership with the Downtown Streets Team. #2..
- 13 -
- 2 -
5/14/2024 5:30:00 PM

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] ACTION: Mayor Zwahlen presented proclamation declaring May 19-25, 2024, as National Public Works Week in the City of Modesto.

PUBLIC COMMENT IN PERSON
 Jennifer Aoyama spoke regarding concerns at McHenry Museum, noting issues like dusty displays, malfunctioning lights, and the risk of artifact damage due to visitor interaction. She advocated for professional preservation efforts. She also spoke regarding a bus safety issue for high school students on Brighton Ave.  Danielle Morgart, speaking for Assembly Member Alanis, provided a legislative update mentioning AB 1813, the Senior Tenant Shallow Rental Subsidy Program of 2024, and AB 1845, the Retail Theft Grants.
 John X Mataka spoke regarding the ongoing project to replace the water treatment portion of the plant in Grayson and expressed gratitude for the support from the Water Division, Manuel Martinez, and the Council for their ongoing commitment to address the water issues.
 Tzafrir Solomon expressed frustration that innovative ideas, such as creating a farming community for the homeless, were ignored in the past due to differing views. He defended the Salvation Army but supported financial inquiries and emphasized responsible spending on public projects.
 Micah Dizney spoke regarding safety concerns on Water Street due to increased traffic and hazards from a business at 1552 Coffee Road. Efforts to address the issue have been obstructed by a resolution from 2003, leading residents to petition the Council for reconsideration and a risk assessment.
 David Stephens supported concerns about excessive traffic on Water Street from a nearby business. He emphasized safety hazards for residents and children. He appealed to the Council for assistance in resolving the situation for peaceful living.  Diane Kroeze criticized temporary homelessness solutions, emphasizing the need for comprehensive support which addresses the root causes of homelessness. She urged the Council to prioritize established organizations like the Salvation Army.  Derek Castle compared NIMBYism to past housing discrimination in Modesto, urging against labeling all homeless individuals negatively and encouraging Councilmembers to address modern-day housing discrimination.
#2..
- 14 -
- 3 -
5/14/2024 5:30:00 PM
 Jerry Miller thanked the Council for a souvenir related to lifting the no cruising ban in Modesto, encouraging teamwork. He also thanked the Police Department for their cooperation and expressed a desire for all Councilmembers to sign the back of the sign as a symbol of teamwork. He promoted the American Graffiti event and volunteering for the Walk of Legends, suggesting Councilman Williams as a guide.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 3-16 (Wright/Escutia-Braaton; 7/0)

CONSENT
Consent

3. Consider approving the minutes for the May 7, 2024 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the May 7, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the May 7, 2024 Council Meeting.

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)
 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] ACTION: (Wright/Escutia-Braaton; 7/0) 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.

Consent
#2..
- 15 -
- 4 -
5/14/2024 5:30:00 PM

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)
 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.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-156 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.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-157 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.

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)  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] #2..
- 16 -
- 5 -
5/14/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-158 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.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-159 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.

Consent

7. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-160 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.

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)
 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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-161 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.

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 #2..
- 17 -
- 6 -
5/14/2024 5:30:00 PM
$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)  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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-162 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.

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)  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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-163 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.

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)
 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] #2..
- 18 -
- 7 -
5/14/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-164 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.

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)  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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-165 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.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-166 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.

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)
 Resolution approving the Competitive Bidding Process from National Purchasing Partners LLC, DBA NPPGov, League of Oregon Cities, with L.N. #2..
- 19 -
- 8 -
5/14/2024 5:30:00 PM
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-167 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.

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)
 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] ACTION: (Wright/Escutia-Braaton; 7/0) Motion introducing and waiving the first reading of an Ordinance 3782-C.S. 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.

ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Modesto Police Department’s annual Military Equipment Report.

Consent

15. Consider approving the Second Amendment for the city-wide pest control services to a 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)  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 #2..
- 20 -
- 9 -
5/14/2024 5:30:00 PM
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-168 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.

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)  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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-169 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.

COUNCIL COMMENTS & REPORTS
Councilmember Wright expressed appreciation for the Downtown Street Teams for offering job opportunities and instilling self-confidence to the unemployed and homeless.

He supported expanding the program citywide and suggested using additional Measure H funds for more employment opportunities.

Councilmember Ricci highlighted the upcoming opening of Dos Rios State Park and emphasized supporting local nonprofits like the Salvation Army. He also stressed the importance of rebuilding local media infrastructure and supporting the proposed MJC lowrider program for auto fabrication skills and community collaboration. #2..
- 21 -
- 10 -
5/14/2024 5:30:00 PM
Councilmember Escutia-Braaton spoke regarding the recent Council action to increase fines for illegal fireworks, recognizing the havoc they wreak during celebrations like the Fourth of July, and promoted drone alternatives to traditional fireworks supported by funding through Valley Air to improve air quality. She also spoke regarding the completion of a beautification project along Highway 99 in partnership with Caltrans.

Additionally, she praised the Police Department's involvement in Miracle League baseball games, emphasizing inclusivity and community engagement.

Council Member Williams thanked the community for Kidz Day support and encouraged donations to organizations like the Salvation Army and Red Shield. He praised the Parks and Recreation department's boat launch success and acknowledged the Stanislaus County Fair's use of a Valley Air grant for drone presentations. He also expressed gratitude to City staff for their camaraderie at the Public Works pancake breakfast.

Mayor Zwahlen spoke regarding attending the Stanislaus Medical Society's annual dinner to present the Physician of the Year award to Dr. Niamh Seavy, who was the first female trauma general surgeon in Modesto. Mayor Zwahlen also acknowledged the recent boat launch at Neece Drive, and her attendance at the Modesto Police Department Award dinner. She also mentioned the Modesto Garden Club celebrated their centennial anniversary and observed their downtown beautification and planting efforts. She also mentioned speaking at the Archway Commons' resource fair event. Additionally, she attended the monthly Clergy Council meeting to collaborate on community safety efforts.

Finally, Mayor Zwahlen expressed appreciation for City Manager Joe Lopez's dedication and leadership.

CITY MANAGER COMMENTS & REPORTS
None.

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)  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.

CED; Trevin Barber, 209-860-1251, [email protected] #2..
- 22 -
- 11 -
5/14/2024 5:30:00 PM
ACTION: (Escutia-Braaton/Wright; 7/0) 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.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-170 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.

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)
 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] ACTION: (Bavaro/Alvarez; 7/0) Motion Introducing and waiving the first reading of an Ordinance 3781-C.S. 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.

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)  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] ACTION: (Wright/Zwahlen; 7/0) Resolution 2024-171 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. #2..
- 23 -
- 12 -
5/14/2024 5:30:00 PM
Recessed: 7:04 p.m.

Reconvened: 7:10 p.m.

NEW BUSINESS
(Councilmember Alvarez recused due to conflict of interest.)

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)
 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]
ACTION: (Ricci/Zwahlen; 3/3; Noes; Bavaro, Escutia-Braaton, Wright; Recused; Alvarez) MOTION FAILS - 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)).

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)  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] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-172 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.

MATTERS TOO LATE FOR THE AGENDA
None
#2..
- 24 -
- 13 -
5/14/2024 5:30:00 PM
All Closed Session matters heard prior to the meeting.

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
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
This meeting adjourned at 7:55 P.M.

Attest: ______________________________
Dana Sanchez, Assistant City Clerk
#2..
- 25 -
- 1 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
ORDINANCE NO. 3781-C.S.

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
WHEREAS, on February 5, 2008, voters approved Measures M, titled “Accountability in City Hall,” which amended Modesto City Chater Section 703; and WHEREAS, Charter Section 703 sets out the processes for establishing the salaries for the Mayor and Councilmembers. Section 703(b) requires the formation of a Citizens’ Salary Setting Commission (“Commission”) whose function is to recommend the compensation for the Mayor and Members of the Council; and WHEREAS, according to the Charter, the Commission shall meet between March 1st and April 30th of every even-numbered year and make any salary recommendation to the Council by April 30th; and
WHEREAS, compensation for the Mayor and Councilmembers was last adjusted in May of 2008; and
WHEREAS, the Commissions met again in 2010, 2012, and 2014, recommending no change in salary. The Commission also began the process in 2016; however was unable to meet during the timeframe required by the Charter, therefore no recommendation was provided; and
WHEREAS, pursuant to Charter Section 703(b), on November 7, 2023, the Council appointed five members to serve on the Commission; and #3..
- 26 -
- 2 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
WHEREAS, the Commission held eight (8) public meetings during the months of March and April, which included two (2) noticed public hearings on April 5, 2024 and April 11, 2024 to discuss possible salary recommendations for the Mayor and Councilmembers. All Commission meetings were open to the public; and WHEREAS, the Commission reviewed information related to the duties of the Mayor and Councilmembers, compensation data from other cities, including cities in the surrounding area, and received comments from the public; and WHEREAS, Charter Section 703(c) establishes salary limitations for Mayor and Councilmember salaries. The Charter Section limits the salary of the Mayor as follows:
“The salary of the Mayor shall not be more than 50 percent (50%) of the amount of the salary of a Judge of the Superior Court of Stanislaus County.” The salary of a Stanislaus County Superior Court Judge is currently $238,479; 50% of that amount is $119,239.50; and
WHEREAS, Charter Section 703(c) establishes the following Councilmember salary limitation: “The salary of a Councilmember shall not be more than 50 percent (50%) of the median family income for the Modesto Metropolitan Statistical Area as reported by the United States Census Bureau. The salary of each Councilmember shall be the same.” The median family income for the Modesto Metropolitan Statistical Area is $73,375; 50% of that amount is $36,687.50; and
WHEREAS, at the April 23, 2024 Council meeting, the Commission presented their final recommendation, including reasons for the recommendation, to Council for acceptance. Pursuant to Charter Section 703(d), “[w]hen such final recommendation has #3..
- 27 -
- 3 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
been submitted to the Council, it shall not thereafter be amended by the Commission;” and
WHEREAS, the recommendation was to increase the compensation for the Mayor from forty-three thousand two hundred dollars ($43,200) to fifty-four thousand dollars ($54,000) annually and increase the compensation for Councilmembers from twenty-four thousand dollars ($24,000) to thirty thousand dollars ($30,000) annually; and WHEREAS, pursuant to Charter Section 703(d), “[u]pon receiving the final recommendation from the Commission, the Council may adopt the compensation as recommended by the Commission or may adopt compensation in some lower amount, but in no case may adopt compensation in some higher amount;” and WHEREAS, on April 23, 2024, Council accepted the Commission’s recommendation and directed staff to set a public hearing on May 14, 2024, to consider the recommended compensation increases by the Commission; and WHEREAS, pursuant to Charter Section 703(d), a 20-day public hearing notice was published in the Modesto Bee on April 24, 2024; and WHEREAS, the Council may only adopt changes to compensation by ordinance.

Pursuant to Charter Section 703(d), “[s]alaries established by ordinance adopted pursuant to the provisions of this Section shall remain in effect until amended by a subsequent ordinance adopted pursuant to the provisions of this Section.” NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
#3..
- 28 -
- 4 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
SECTION 1. “COMPENSATION OF MAYOR” - AMENDMENT.

The City of Modesto Municipal Code Section 2-1.24, titled “Compensation of Mayor,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration” is hereby amended to read as follows:
“2-1.24 Compensation of Mayor.

The annual salary of the Mayor shall be fifty-four thousand dollars ($54,000), pursuant to the recommendation of the Citizens Salary Setting Commission. In accordance with Section 703 of the Charter, the Mayor's compensation and appropriate benefits shall be reviewed by the Citizens Salary Setting Commission biannually, and a recommendation made to the City Council as to the appropriate compensation. The annual salary shall be payable from and after the operative date of the ordinance at the same time and in the same manner as the salaries are paid to other officers and employees of the City.”
SECTION 2. “COMPENSATION OF COUNCILMEMBERS” – AMENDMENT.

The City of Modesto Municipal Code Section 2-1.26, titled “Compensation of City Councilmember,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration” is hereby amended to read as follows:
“2-1.26 Compensation of City Councilmembers.

The annual salary of each member of the City Council, except the Mayor, shall be thirty thousand dollars ($30,000). In accordance with Section 703 of the Charter, the Councilmember's compensation and appropriate benefits shall be reviewed by the Citizens Salary Setting Commission biannually, and a recommendation made to the City Council as to the appropriate compensation. The annual salary shall be payable from and #3..
- 29 -
- 5 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
after the operative date of the ordinance at the same time and in the same manner as the salaries are paid to other officers and employees of the City.” 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 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. #3..
- 30 -
- 6 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
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.
#3..
- 31 -
- 7 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 2024
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember Bavaro, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and ordered printed and published 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:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
#3..
- 32 -
- 8 - ORDINANCE NO. 3781-C.S.

EFFECTIVE DATE: July 4, 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 4th day of June 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: July 4, 2024
#3..
- 33 -

CITY OF MODESTO
ORDINANCE NO. 3781-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of May 14, 2024:

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
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
#3..
- 34 -
- 1 - ORDINANCE NO. 3782-C.S.

EFFECTIVE DATE: July 4, 2024
ORDINANCE NO. 3782-C.S.

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY (POLICY 710) IN ACCORDANCE WITH CA ASSEMBLY BILL 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.

WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
#4..
- 35 -
- 2 - ORDINANCE NO. 3782-C.S.

EFFECTIVE DATE: July 4, 2024
WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval; and
WHEREAS, the Modesto City Council approved Ordinance No. 3763-C.S. on May 2, 2023 approving the MPD Military Equipment Use Policy (MPD Policy 710); and WHEREAS, the Modesto City Council has reviewed the annual military equipment report and found that each type of military equipment identified in that report has complied with the standards for approval; and
WHEREAS, MPD staff has conducted a review of the equipment needs for the department and determined that there is a need to purchase additional items that fall under the Military Equipment Use Policy and these items, their uses and cost are outlined in Attachment B; and
WHEREAS, the Modesto Police Department has held a well-publicized community engagement meeting; and
WHEREAS, AB 481 requires an annual renewal of the MPD Military Equipment Use Policy (MPD Policy 710) by ordinance, therefore staff requests Ordinance No. 3763-C.S. be rescinded with the approval of this ordinance.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals within this Ordinance are true and correct and incorporated herein by reference and makes the following findings:

1. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.
#4..
- 36 -
- 3 - ORDINANCE NO. 3782-C.S.

EFFECTIVE DATE: July 4, 2024

2. The City Council finds that the purchase of the requested military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; the use of the equipment under the military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

3. Ordinance No. 3763-C.S. is hereby rescinded.

SECTION 2. 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 3. 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 environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. 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.
#4..
- 37 -
- 4 - ORDINANCE NO. 3782-C.S.

EFFECTIVE DATE: July 4, 2024
SECTION 5. PUBLICATION.

EFFECTIVE DATE: July 4, 2024
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of May 2024, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Escutia-Braaton, was upon roll call carried and ordered printed and published by the following vote:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
#4..
- 39 -
- 6 - ORDINANCE NO. 3782-C.S.

EFFECTIVE DATE: July 4, 2024

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: July 4, 2024
#4..
- 40 -

CITY OF MODESTO
ORDINANCE NO. 3782-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of May 14, 2024:

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
#4..
- 41 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: May 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Memorandum of Understanding for the Replacement of the Fire-Life Safety Panel at 3705 Oakdale Road
CONTACT: Scotty Douglass, Deputy City Manager, [email protected], 209-577-9149
DESCRIPTION:

Consider approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City and County. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the following 2020-2025 City of Modesto Strategic Plan Initiatives: Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

On October 3, 1997, the City and County of Stanislaus (County) jointly purchased the property located at 3705 Oakdale Road from AT&T Communications Inc. The purpose was to jointly provide emergency dispatch and emergency services from a single facility. On September 1, 1999, the City and County entered into a Joint Exercise of Powers Agreement (JPA) to begin providing dispatch services. The current fire-life safety panel (panel) that controls the facility’s fire systems is the original system that was in place at the time of purchase, and it is estimated to have been installed in the 1980s.

In 2019, the manufacturer of the panel ceased providing support and service to the current firelife safety system. Over the years, the panel has needed repairs, which has been difficult due to parts becoming obsolete and extremely difficult and expensive to source. #5..
- 42 -
City Council, June 4, 2024
Memorandum of Understanding (MOU) for the Replacement of the Fire-Life Safety Panel at 3705 Oakdale Road

Page 2 of 3 ends

DISCUSSION:

As co-owners of the facility and equipment, the City and County have entered into a cooperative service and maintenance agreement, which has the County’s General Services Agency (GSA) responsible for providing building maintenance. As such, GSA recommends replacing the panel and devices as noted above. By replacing the system with a state-of-the-art fire-safety system panel, the jointly owned building will have a reliable system that will provide the needed service to the building. Further, the life expectancy of this new panel will be approximately 7 to 10 years.

The attached Memorandum of Understanding (MOU) memorializes the project’s scope of work and cost, project management and cost sharing terms If approved, GSA will issue a Job Order Contract to perform the work on behalf of the City and County. The work is estimated to take approximately 30 days to complete upon execution of the agreement with the provider and is tentatively scheduled for early June of 2024.

FISCAL IMPACT:

The recommended project budget detail is reflected below:

The City Manager’s Office has coordinated this item with the County who has agreed to fund 50% of the project costs. Additionally, the requested total budget is not to exceed $300,000, of which, the City will be funding up to $150,000. If approved, the City’s shared contribution will be funded by the General Fund carryover.

COMMITTEE RECOMMENDATION:

This item has not been presented to a committee or commission.

RECOMMENDED COUNCIL ACTION:

Resolution approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.

Approved by:

Scotty Douglass, Deputy City Manager
#5..
- 43 -
City Council, June 4, 2024
Memorandum of Understanding (MOU) for the Replacement of the Fire-Life Safety Panel at 3705 Oakdale Road

Page 3 of 3 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution – 3705 Oakdale Road Fire-Safety Panel Replacement

2. OES Fire Panel Agenda Item

3. MOU.COM.3705 Oakdale Road Agreement
#5..
- 44 -
1 Meeting Date/Dept/Contact/Item # 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF STANISLAUS FOR THE REPLACEMENT OF THE FIRELIFE SAFETY PANEL AT 3705 OAKDALE ROAD, A CO-OWNED CITY OF

MODESTO AND COUNTY OF STANISLAUS EMERGENCY SERVICES AND

COMMUNICATIONS FACILITY AND APPROVING THE TOTAL PROJECT BUDGET NOT TO EXCEED $300,000, TO BE JOINTLY AND EQUALLY

FUNDED BY THE CITY OF MODESTO AND COUNTY OF STANISLAUS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE MEMORANDUM OF UNDERSTANDING
WHEREAS, on October 3, 1997, the City of Modesto (City) and County of Stanislaus (County) jointly purchased the property located at 3705 Oakdale Road from AT&T Communications Inc. The purpose was to jointly provide emergency dispatch and emergency services from a single facility. On September 1, 1999, the City and County entered into a Joint Exercise of Powers Agreement to begin providing these services; and WHEREAS, the current fire-life safety panel (panel) that controls the facility’s fire systems is the original system that was in place at the time of purchase, and it is estimated to have been installed in the 1980s. In 2019, the manufacturer of the panel ceased providing support and service to the current fire-life safety system; and WHEREAS, Staff has been forced to purchase parts through third party vendors with increasing difficulty and cost in sourcing; and
WHEREAS, as equal owners of the building and equipment, the City and County agreed to have the County’s General Services Agency (GSA) be responsible for providing building maintenance. Given the current condition of the panel, the, GSA recommends replacing the panel and devices; and
WHEREAS, by replacing the system with a state-of-the-art fire-safety system panel, the jointly owned building will have a reliable system that will provide the needed #5..
- 45 -
2 Meeting Date/Dept/Contact/Item # 2024-xxx
service to the building. Further, the life expectancy of this new panel will be approximately 7 to 10 years; and
WHEREAS, the attached MOU memorializes the project’s scope of work and cost, project management and cost sharing terms.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a Co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus.

BE IT FURTHER RESOLVED that the City Manager, or his designee is hereby authorized to execute the Memorandum of Understanding, 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 4th day of June 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)
#5..
- 46 -
3 Meeting Date/Dept/Contact/Item # 2024-xxx
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 47 -

THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS

AGENDA ITEM
DEPT: General Services Agency BOARD AGENDA:

AGENDA DATE: April 30, 2024
CONSENT:

CEO CONCURRENCE: YES 4/5 Vote Required: No
SUBJECT:

Approval to Proceed with the Replacement of the Fire-Life Safety Panel at the Office of Emergency Services/State Regional 911 in Modesto and Approval of a $300,000 Project Budget Funded Jointly by Stanislaus County and the City of Modesto STAFF RECOMMENDATION:

1. Approval to Proceed with the replacement of the fire-life safety panel and devices at the Office of Emergency Services/State Regional 911 in Modesto.

2. Approve a $300,000 project budget funded jointly by Stanislaus County and the City of Modesto.

3. Approve completing this project utilizing the Stanislaus County Job Order Contract Program.

4. Authorize the General Services Agency Director/Purchasing Agent or his designee to act as Project Manager.

5. Authorize the Project Manager to execute contracts for professional services needed for this project, so long as they are within the approved project budget and to execute needed supplemental change orders, consistent with the State of California Public Contract Code.

DISCUSSION:

The Office of Emergency Services/State Regional 911(SR 911) are co-located at 3705 Oakdale Road in Modesto. The building was purchased jointly by the City of Modesto and Stanislaus County in 1997 from AT&T Communications Inc. The current fire-life safety panel was in place at the time of purchase and is believed to be installed in the 1980’s. In 2019, the manufacturer of the panel stopped providing service to this specific model. Since that time, the panel has been in constant state of repair and parts are becoming obsolete. Staff have been forced to purchase parts through third party vendors with increasing difficultly to locate and an increase in costs as they are no longer manufactured.

The General Services Agency (GSA) is recommending to replace the panel and devices. If approved, GSA will issue a Job Order Contract to perform the work and are requesting to add this project to the Fiscal Year 2024 Job Order Contract program. The work is estimated to take up to 30 days. During this time, private security will be needed #5..
- 48 -

Page 2 of 2 ends

to perform a fire watch. Security will walk the exterior and interior of the facility 24 hours a day until the new panel is installed and passes inspection. The work is tentatively scheduled for late May or early June 2024.

The Chief Executive Office has collaborated with the City of Modesto, City Manager’s Office, who has agreed to fund half of the project costs. Staff are recommending a project budget of $300,000. If approved, the County’s share of this project will be funded by existing appropriations in the Fiscal Year 2024 GSA Deferred Maintenance budget.

POLICY ISSUE:

The County’s Purchasing and Salvage Policy requires the Board of Supervisors to approve contracts whose value exceeds $200,000 consistent with California Government Code Sections 25212 and 25502.5
FISCAL IMPACT:

GSA is recommending a project budget of $300,000, as reflected in the chart below:

Project Expense Requested Budget
Staff Salaries and Wages $56,617
Security Service (Fire Watch) $21,000
Professional Services $29,656
Capital Charges $193
Fire Panel Replacement (Contractor Cost) $167,421
Project Contingency $25,113
Total $300,0000
If approved this project will be funded jointly by the City of Modesto and Stanislaus County utilizing the Fiscal Year 2024 Deferred Matinence Budget. GSA is recommending to increase revenue and appropriations in this budget by $150,000, to reflect the City of Modesto’s contribution to the project budget, as detailed in the budget journal, which is attached.

BOARD OF SUPERVISORS’ PRIORITY:

Approval of these recommended actions is consistent with the Boards’ Priorities of Delivering Efficient Public Service and Supporting a Strong and Safe Community by ensuring that the Office of Emergency Services/SR 911 has a modern and functional fire-life safety panel.

STAFFING IMPACT:

This project will be successfully delivered by existing staff in GSA, CEO, and the Sherriff’s Office.

CONTACT PERSON:

Al Valencia, GSA, Senior Construction Manager: (209) 525-4380 ATTACHMENT(S):

1. For CEO review purposes only - Gov 25212

2. For CEO review purposes only - Gov 25502.5
#5..
- 49 -

MEMORANDUM OF UNDERSTANDING

BETWEEN

COUNTY OF STANISLAUS

AND THE CITY OF MODESTO

FOR REPLACEMENT OF
THE FIRE-LIFE SAFETY PANEL AT 3705 OAKDALE ROAD
This MEMORANDOM OF UNDERSTANDING (the "MOU') is made and entered into by and between the CITY OF MODESTO ("City'') and the COUNTY OF STANISLAUS ("County") as of May 1, 2024 or upon execution of the MOU by both parties, whichever is earlier ("Effective Date").

RECITIALS
WHEREAS, the City and the County each own a½ interest in that certain real property located at 3705 Oakdale Road pursuant to that certain Grant Deed recorded on October 3, 1997 as Document No. 97-0077969-00, Official Records of Stanislaus County t
("Propery"); and
WHEREAS, the City and the County operate a shared State and Regional 911 Dispatch Center on the Property; and
WHERAS, the fire-life safety panel ("Panel') has been in operation since at least the 1980's; and
WHEREAS, the Panel is no longer supported by its manufacturer, and the City and the County have been informed that parts for the Panel are becoming obsolete; and WHEREAS, both the City and the County have been advised by their respective fire agencies that the Panel should be replaced at the earliest convenience; and WHEREAS, in consideration of these facts, the City and County agree to share in the cost of replacement of the Panel, which has been estimated to not exceed $300,000.

NOW THEREFORE, in consideration of the mutual promises covenants, terms and conditions hereinafter contained, the City and County hereby agree as follows:

TERMS AND CONDITIONS
1) Scope of Work. The scope of work includes the design, purchase and installation of the replacement Panel, connection to existing devices, and testing of the system ("Project'). It is estimated that the Project will be complete 120 days from award of the Job Order or delivery of the Panel, whichever is later. 1 #5..
- 50 -
2) Project Management. The County's General Services Agency Director /Purchasing Agent shall act as Project Manager for the Project. The County intends to utilize its Job Order Contracting Program to complete the work. As Project Manager, the County is authorized to award a Job Order and manage the Project in accordance with laws applicable to the County. The County's Project Management will include, but is not limited to, the following:
a) Review any special conditions, special inspections, special reports, etc. that may be required.
b) Review design and construction contract documentation. c) Evaluate and approve the construction contractor's Job Order proposal. d) Procure any needed professional services to assist with the project as needed, including, but not limited to design, testing, code review, etc. e) Secure needed 24-hour fire-watch services through its Agreement for security services.
f) Review, respond to and approve Requests for Information, Change Orders, etc.
g) Conduct field construction review.
h) Participate in a final field construction inspection. i) Approve the Project as complete.
j) Record a Notice of Completion for the Project.
k) Review Project close-out documentation.

I) Manage any warranty issues during the 2-year warranty period. 3) Cost of Project. The budget for the Project is estimated to be $300,000 including design, testing, code review, professional fees, construction management fees, and the Job Order cost paid to the contractor (collectively, "Project Costs"). The budget includes a 15% contingency of $25,113 for unforeseen costs.
4) Cost Sharing. The City and the County agree to each pay 50% of Project Costs including contingency in equal shares (not to exceed $150,000 each, except as set forth in paragraph 4(d) below). The City's portion is payable as follows:
a) The City shall transmit to the County $87,500, which represents one-half City's share of Project Costs, within 30 days of the Effective Date of this MOU. 2 #5..
- 51 -
#5..
- 52 -
#5..
- 53 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: June 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services and Appointment of Consolidated Emergency Dispatch Agency Commissioners CONTACT: Scotty Douglass, Deputy City Manager, [email protected], 209-577-9149
DESCRIPTION:

Consider approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director and appointing Councilmembers as Commissioners to the Consolidated Emergency Dispatch Agency. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

BACKGROUND:

On September 1, 1999, the City of Modesto (City) and the County of Stanislaus (County) entered into a Joint Exercise of Powers Agreement (JPA) for Emergency Dispatch Services.

This JPA was established for the purpose of establishing and operating the Stanislaus Regional 911 (SR911) dispatch center located at 3705 Oakdale Road. This JPA is guided by the Consolidated Emergency Dispatch Agency Commission (CEDAC), which is composed of City, County and other representatives.

On August 23, 2016, by Resolution 2016-329, Council approved the First Amendment of the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services amending the Term and Termination sections to make clear that the Agreement would continue until terminated by either Modesto or the County pursuant to Section 6 of the Agreement. Section 6.1 was amended to require that any Member can #6..
- 54 -
City Council, June 4, 2024
Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services and Appointment of Consolidated Emergency Dispatch Agency Commissioners

Page 2 of 3 ends

terminate the Agreement at any time by providing a written notice of intent to terminate at least twenty-four (24) months in advance of the desired termination date.

On October 27, 2021, by Resolution No. 2021-413, Council authorized the City Manager to provide the Consolidated Emergency Dispatch Agency Commission and County of Stanislaus with a written notice of an intent to terminate the Joint Exercise Powers of Authority Agreement between the City of Modesto and the County of Stanislaus for emergency dispatch services effective January 1, 2024, in accordance with Section 6.1 of the agreement in order to evaluate the future of emergency dispatch services.

On May 3, 2022, by Resolution No. 2022-203, Council approved a Second Amendment of the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending sections of the agreement related to the Commission Members, the Dispatch Advisory Board, and Technical Advisory Committee to more efficiently align with the responsibilities of the public officials engaging with the operational leadership of SR911.

On December 6, 2022, by Resolution No. 2022-457, Council approved a Third Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending portions of Section 8 to allow appointment of the most appropriate agency officials to serve on the Commission.

DISCUSSION:

On December 8, 2023, by Resolution No. 2023-517, Council approved the Fourth Amendment of the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services extending the expiration date of the term to June 30, 2024, to continue exploring alternative service delivery and governance models. At this time, City and County staff continue to explore service delivery and governance models and additional time is needed. Moreover, the attached Fifth Amendment will extend the JPA agreement to December 31, 2024.

The proposed amendment also includes a change to the governing body structure of the Commission changing from seven members to four (4) members. It is proposed that the Commission consist of two (2) members of the Modesto City Council, selected by the City Council and one (1) alternate, who shall also be a member of the Modesto City Council and two (2) members of the County’s Board of Supervisors, selected by the Board of Supervisors and one (1) alternate who will also be a member of the County’s Board of Supervisors. This would change the quorum of the governing body from four (4) commissioners to three (3). All actions by the Commission will also require three (3) affirmative votes.

And lastly, the proposed Fifth Amendment states that Modesto and the County shall each assign one (1) Agency Member Liaison on an annual basis. The Agency Members Liaisons shall perform the following functions:
 Provide Day-to-day oversight and support for the Dispatch Director.  Work with the Dispatch Director to guide development of operational policies, strategic plans, and Capital Improvement Plans.
#6..
- 55 -
City Council, June 4, 2024
Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services and Appointment of Consolidated Emergency Dispatch Agency Commissioners

Page 3 of 3 ends

 Monitor performance outcomes and changes to service levels as needed; and  Provide the Commission with feedback related to the Dispatch Director’s performance during the Director’s evaluation.”
As proposed, approval of the Fifth Amendment will provide sufficient time for both parties to reach resolution on the future delivery of emergency dispatch services and governance of SR911.

FISCAL IMPACT:

The recommended action will have no fiscal impact as the JPA operates under a separate budget that is valid through the end of the calendar year – December 31, 2024.

COMMITTEE RECOMMENDATION:

This item has not been presented to a committee or commission.

RECOMMENDED COUNCIL ACTION:

Resolution approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, authorizing the City Manager or his designee to execute the Agreement, and appointing Mayor Zwahlen and Councilmember Bavaro as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Wright as an Alternate Commissioner.

Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Fifth Amendment to SR911 JPA Agreement

2. SR911 Fifth Amendment to the JPA Agreement
#6..
- 56 -
1 2024-06-04

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING A FIFTH AMENDMENT TO THE JOINT

EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF MODESTO

AND THE COUNTY OF STANISLAUS FOR EMERGENCY DISPATCH
SERVICES, TO EXTEND THE AGREEMENT TO DECEMBER 31, 2024,

MODIFY THE GOVERNING BODY STRUCTURE OF THE COMMISSION,

UPDATE QUORUM AND ACTION REQUIREMENTS AND PROVIDE FOR

AGENCY MEMBER LIAISON TO ASSIST THE DISPATCH DIRECTOR,

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AMENDMENT AND APPOINTING MAYOR ZWAHLEN AND

COUNCILMEMBER BAVARO AS COMMISSIONERS TO THE

CONSOLIDATED EMERGENCY DISPATCH AGENCY AND

COUNCILMEMBER WRIGHT AS AN ALTERNATE COMMISSIONER
WHEREAS, on September 1, 1999, the City of Modesto (“City”) and the County of Stanislaus (“County”) entered into the Joint Exercise of Powers Agreement between the City and the County for Emergency Dispatch Services (“Agreement”), creating a joint powers agency for the purpose of providing dispatch services; and WHEREAS, on August 23, 2016, by Resolution 2016-329, Modesto and the County entered into the First Amendment to the Agreement, amending the Term and Termination sections to make clear that the Agreement would continue until terminated by either Modesto or the County pursuant to Section 6 of the Agreement. Section 6.1 was amended to require that any Member can terminate the Agreement at any time by providing a written notice of intent to terminate at least twenty-four (24) months in advance of the desired termination date; and
WHEREAS, on October 27, 2021, by Resolution No. 2021-413, Council authorized the City Manager to provide the Consolidated Emergency Dispatch Agency Commission and County of Stanislaus with a written notice of an intent to terminate the Joint Exercise Powers of Authority Agreement between the City of Modesto and the County of Stanislaus #6..
- 57 -
2 2024-06-04
for emergency dispatch services effective January 1, 2024 in accordance with Section 6.1 of the agreement in order to evaluate the future of emergency dispatch services; and WHEREAS, on May 3, 2022, by Resolution No. 2022-203, Council approved a Second Amendment of the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending sections of the agreement related to the Commission Members, the Dispatch Advisory Board, and Technical Advisory Committee to more efficiently align with the responsibilities of the public officials engaging with the operational leadership of SR911; and
WHEREAS, on December 6, 2022, by Resolution No. 2022-457, Council approved a Third Amendment of the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending portions of Section 8 to allow appointment of the most appropriate agency officials to serve on the Commission; and
WHEREAS, on December 8, 2023, Modesto and the County entered into the Fourth Amendment to the Agreement, extending the Agreement to June 30, 2024; and WHEREAS, Modesto and the County agree to amend the Agreement for a fifth time to extend the term of the Agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch #6..
- 58 -
3 2024-06-04
Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, as attached hereto and in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Fifth Amendment.

BE IT FURTHER RESOLVED that Mayor Zwahlen and Councilmember Bavaro are hereby appointed as Commissioners and Councilmember Wright as an Alternate Commission Member to serve on the Consolidated Emergency Dispatch Agency Commission.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June, 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
#6..
- 59 -
1 FIFTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT

BETWEEN THE CITY OF MODESTO AND THE COUNTY OF STANISLAUS

FOR EMERGENCY DISPATCH SERVICES
This Fifth Amendment to the Joint Exercise of Powers Agreement (“Fifth Amendment”) is made by and between the City of Modesto (“Modesto”), a charter city and municipal corporation in the State of California, and the County of Stanislaus (“County”), a political subdivision of the State of California as of ___________________, 2024.

RECITALS
WHEREAS, on September 1, 1999, Modesto and the County entered into the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services (“Agreement”), creating a joint powers agency for the purpose of providing dispatch services; and
WHEREAS, on August 23, 2016, Modesto and the County entered into the First Amendment to the Agreement; and
WHEREAS, in October 2021, Modesto provided written notice of its intent to terminate the Agreement, effective January 1, 2024; and
WHEREAS, on May 3, 2022, Modesto and the County entered into the Second Amendment to the Agreement; and
WHEREAS, on December 6, 2022, Modesto and the County entered into the Third Amendment to the Agreement; and
WHEREAS, on December 8, 2023, Modesto and the County entered into the Fourth Amendment to the Agreement, extending the term of the Agreement to terminate on June 30, 2024; and
WHEREAS, Modesto and the County agree to amend the Agreement for a fifth time to extend the term of the Agreement, the governing body structure of the Commission and to designate Agency Member Liaison to assist the Dispatch Director as set forth in this Fifth Amendment.

NOW, THEREFORE, Modesto and the County hereby agree as follows:

AGREEMENT

1. Section 5, “Term,” of the Agreement is hereby amended as follows:
“5. Term.

5.1 This Agreement shall become effective as of September 1, 1999, and shall continue in full force and effect until June 30, 2024 December 31, 2024, (“Termination Date”), unless Modesto and the County mutually agree to extend the Agreement.
#6..
- 60 -
2 5.2 Modesto and the County shall work in good faith to make appropriate arrangements to independently or jointly provide Emergency Dispatch Services on or before the Termination Date.

5.3 Modesto and the County shall work in good faith to ensure that all indebtedness, claims, and liabilities incurred by the Agency are fully and completely satisfied on or before the Termination Date.

5.4 All property owned by the Agency shall be distributed equally to Modesto and the County, unless otherwise approved by the Members on or before the Termination Date.”

2. Section 8, “Commission,” of the Agreement is hereby deleted and replaced to change the membership of the Commission to two (2) Modesto representatives and two (2) County representatives to read as follows:
“8. Commission.

8.1 Commission. The Agency shall be administered by a four (4)-member commission (the “Commission”), as permitted under Section 6506 of the Government Code, which shall consist of:

8.1.1 Two (2) members of the Modesto City Council, selected by the City Council. The City Council shall also select one (1) alternate to serve in the absence of one of the two (2) Modesto selected members. The alternate under this Section shall also be a member of the Modesto City Council.

8.1.2 Two (2) members of the County’s Board of Supervisors, selected by the Board of Supervisors. The Board of Supervisors shall also select one (1) alternate to serve in the absence of one of the two (2) County selected members. The alternate under this Section shall also be a member of the County’s Board of Supervisors.

8.2 Individual Capacity. Each member of the Commission shall serve in his or her individual capacity as a member of the Commission.

8.3 Term of Service.

8.3.1 The Commissioners appointed by the City Council (and the alternate) shall serve at the pleasure of the City Council.

8.3.2 The Commissioners appointed by the Board of Supervisors (and the alternate) shall serve at the pleasure of the Board of Supervisors.

8.4 Reimbursement of Expenses. Members of the Commission and their alternates shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate if the Commission shall so determine.”
#6..
- 61 -
3 3. Section 9.5, “Quorum; Actions,” of the Agreement is hereby amended as follows:
“9.5 Quorum; Actions. Three Four Commissioners shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. Except as otherwise provided by law, the Commission shall take no action except upon the affirmative vote of three four members.”

4. Section 12, “Other Officers and Employees,” of the Agreement is retitled to “Other Officers, Employees, and Member Liaisons,” and amended to include Agency Member Liaisons as follows:
“12. Other Officers, and Employees, and Agency Member Liaisons.

12.1. In furtherance of its purpose as provided in Section 2.1 hereof, the Commission shall have the power to appoint such other officers and employees as it may deem necessary, and to retain
independent accounts, counsel, engineers, architects,
construction managers and other consultants.

12.2. Modesto and the County shall each assign one (1) Agency Member Liaison. The Agency Member Liaisons shall perform the following functions:

12.2.1. Provide Day-to-day oversight and support for the Dispatch Director;

12.2.2. Work with the Dispatch Director to guide development of operational policies, strategic plans, and Capital
Improvement Plans;

12.2.3. Monitor performance outcomes and changes to
service levels as needed; and

12.2.4. Provide the Commission with feedback related to the Dispatch Director’s performance during the Director’s
evaluation.”

5. All other terms and conditions in the Agreement shall remain in full force and effect to the extent they are not in conflict with this Fifth Amendment.

6. The signatures of Modesto and the County to this Fifth Amendment may be executed and acknowledged on separate pages or in counterparts, which, when attached to this Fifth Amendment, shall constitute one complete Fifth Amendment. #6..
- 62 -
4 IN WITNESS WHEREOF, Modesto and the County have executed this Fifth Amendment on the day and year first above written.

CITY OF MODESTO COUNTY OF STANISLAUS
_____________________________ _____________________________ Joseph P. Lopez, City Manager Jody Hayes, Chief Executive Officer Date:_________________________ Date:_________________________ Approved as to Form: Approved as to Form:

Thomas E. Boze, County Counsel
_____________________________ By:_____________________________ Jose M. Sanchez, City Attorney Marc Hartley, Chief Deputy County Counsel Date:_________________________ Date:_________________________ #6..
- 63 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: May 9, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Proposition IV – Appropriation Limit Calculation for Fiscal Year 2024-2025 CONTACT: Maria Garnica, Accounting Manager, [email protected], 209-577-5249 DESCRIPTION:

Consider approving the Fiscal Year 2024-2025 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable)
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:

In November 1979, the voters of California passed Proposition IV which specified that government appropriations may increase annually subject to certain restrictions. This constitutional amendment, also known as the Gann initiative after anti-tax advocate Paul Gann, provides a formula for calculating spending limit, was intended to provide citizen control of government spending and taxation.

Article XIIIB of the California Constitution specifies that appropriations made by state and local governments may increase annually by a factor comprised of the change in population combined with either (1) the change in California per capita personal income or (2) the change in the local assessment roll due to local nonresidential construction. The staff has been consistently using the change in population within the city limit of Modesto and change in California per capita personal income every year when calculating the appropriation limit.

DISCUSSION:

The City is required to establish an appropriation limit calculation each fiscal year. Schedule A of the attached resolution shows the calculation of the Fiscal Year 2024-2025 Appropriation Limit. The limit identifies the maximum amount of appropriations that can be implemented in a year based on tax revenue available to City. The limit only applies to the use of a specific list of tax revenues received by the City. Examples of these revenues include, but not limited to, #7..
- 64 -
City Council, June 4, 2024
Proposition IV – Appropriation Limit Calculation for Fiscal Year 2024-2025

Page 2 of 2 ends

Property Tax, Sales & Use Tax, Business License Tax, Utility Users Tax, and Transient Occupancy Tax.

The appropriation limit calculated for Fiscal Year 2024-2025 is $606,178,733. The proposed tax revenues subject to this appropriation limit are $173,289,509 which is well within the limit.

This calculation was made available for public viewing at least fifteen days prior to the Council meeting. A copy of Schedule A and the calculation detail is on file at the City of Modesto Finance Department.

FISCAL IMPACT:

Not Applicable.

COMMITTEE RECOMMENDATION:

This item was not presented to a Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution establishing the appropriation limit for the Fiscal Year 2024-2025 annual budget.

Approved by:

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

1. Resolution

2. Schedule A
#7..
- 65 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2024 -

RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 2024-2025 ANNUAL BUDGET
WHEREAS, Proposition IV of the California State Constitution requires the City to establish an appropriation limit calculation each fiscal year, and WHEREAS, Article XIIIB of the California Constitution specifies that appropriations made by state and local governments may increase annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction, and
WHEREAS, the staff has been consistently using the change in population within the city limit of Modesto and change in California per capita personal income every year when calculating the appropriation limit, and
WHEREAS, the appropriation limit calculated for Fiscal Year 2024-25 is $606,178,733 and
WHEREAS, this calculation was made available for public viewing at least fifteen days prior to the Council meeting. A copy of Schedule A and the calculation detail is on file at the City of Modesto Finance Department.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that the appropriation limit for fiscal year 2024-2025, including the price and population factors to be used in the calculation, is hereby established as shown on Schedule A, attached hereto, and made a part hereof.

BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to take the necessary steps to implement the provisions of this #7..
- 66 -
resolution.

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#7..
- 67 -

SCHEDULE A
FY 2023-24 Appropriation Limit $581,968,829
Adjustment Factors
Per Capita Personal Income Change 3.62%
Population Change (Modesto) 0.52%
Per Capita converted to a ratio 1.0362
Population converted to a ratio 1.0052
Calculation of factor for FY 2024-25 1.0416
Adjustment $24,209,903
FY 2024-25 Appropriation Limit $606,178,733
FISCAL YEAR 2024-25
PROPOSITION 4

APPROPRIATION LIMIT CALCULATION
Article XIIIB places a limit on most, but not all, government revenue sources.

The limit applies to appropriations from proceeds of taxes from both the general fund and special funds of government entities. Proceeds of taxes include tax revenues, interest earnings on invested tax revenues, and any revenues collected by a regulatory license fee or user charge in excess of the amount needed to cover the cost of providing the regulation, product, or service.

Appropriations from nontax revenues, including the City’s enterprise funds, are not subject to the limit.
#7..
- 68 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: May 1, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Fiscal Year 2024-2025 Equipment Maintenance Agreements CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $854,598; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024- 2025 Equipment Maintenance Agreements (less than $100,000). (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City purchases office and operational equipment through the purchasing bidding process based on the requirements of the City of Modesto Municipal Code Title 8 Chapter 3. With the purchase of this equipment, on-going maintenance will be necessary. The City will require ongoing technical support which can be provided under maintenance/support agreements for equipment. For all new equipment purchases made, the City will purchase ongoing maintenance service for the equipment for a specified time period based on what is available through the manufacturer when the initial purchase is made. As part of the bidding process for the office equipment, for purchases such as copiers, the City has frequently selected a local vendor to provide maintenance service due to the quick turnaround in service that can be provided with a local vendor compared to a vendor located outside of the Modesto area.

As part of preparation of the annual fiscal year budget, the annual costs for this maintenance service has been historically approved by Council through the annual budget adoption process.

Several of the equipment maintenance agreements purchased will be conducted as “sole source” procurements from the recommended maintenance provider provided by the manufacturer. Based on the normal threshold all other maintenance agreements shall be procured through the approved purchasing process.
#8..
- 69 -
City Council, June 4, 2024
Fiscal Year 2024-2025 Equipment Maintenance Agreements

Page 2 of 3 ends

DISCUSSION:

The Finance Department and Information Technology departments will bring an item to Council every fiscal year containing all maintenance agreements being utilized by City Departments.

The Purchasing Division will continue to evaluate the cost-effective use of these maintenance agreements, especially as the equipment ages over the depreciated life of the asset.

A significant amount of these maintenance agreements are routine in nature, and do not drastically change each year in regard to standard maintenance service being provided. Staff is requesting a fiscal year authorization for all equipment maintenance for Fiscal Year 2024-2025.

Exhibit A is an itemized list of the equipment maintenance agreements being utilized by City departments for agreements less than $100,000 under the City Manager’s approval authority.

There were no equipment maintenance agreements utilized by the City departments greater than $100,000 which would require authorization by City Council.

Per Modesto Municipal Code (MMC) 8-3.204(d) states that where the Purchasing Manager, in his or her discretion, determines that a process other than the formal proposal procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, the purchase may be exempt from the formal bid process. Under this scenario, all purchasing processes have been met and any new agreements and award of formal bids shall continue to be brought to Council for approval on a fiscal year basis.

FISCAL IMPACT:

The City of Modesto maintains over 140 pieces of office and operational equipment that requires maintenance to ensure the City gets the most value out of the asset. The annual maintenance cost ranges from less than $550 to up to $99,276 per year, per piece of equipment. Some of the high-value maintenance cost are associated with parking garage equipment maintenance, security camera maintenance or building equipment maintenance for City facilities and security surveillance.

The funding sources being utilized to cover the cost associated with the maintenance cost is provided below:

Fund Name Less $100,000
General Fund $ 521,137
Surface Transportation Fund $ 4,249
Airport Fund $ 1,333
Building Services Fund $ 10,382
Capital Improvement Fund $ 11,821
Center Plaza $ 104,937
Fleet Fund $ 9,035
Green Waste Fund $ 3,160
Information Technology $ 1,270
Parking Fund $ 76,207
Solid Waste Fund $ 840
Wastewater Fund $ 59,236
Water Fund $ 50,991
TOTAL $ 854,598
#8..
- 70 -
City Council, June 4, 2024
Fiscal Year 2024-2025 Equipment Maintenance Agreements

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee in the Budget Workshop on April 16, 2024.

The Finance Committee approved forwarding this to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000).

Approved by:

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

1. Resolution

2. Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K #8..
- 71 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING PAYMENT OF VARIOUS EQUIPMENT
MAINTENANCE AGREEMENTS FOR FISCAL YEAR 2024-2025 WITH

MULTIPLE EQUIPMENT MANUFACTURERS FOR ALL CITY

DEPARTMENTS, FOR AN ANNUAL ESTIMATED COST NOT TO EXCEED $854,598; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE EQUIPMENT MAINTENANCE AGREEMENTS ASSOCIATED
WITH THE ITEMS IN EXHIBIT A – FISCAL YEAR 2024-2025 EQUIPMENT MAINTENANCE AGREEMENTS (LESS THAN $100,000)
WHEREAS, the City purchases office and operational equipment through the purchasing bidding process based on the requirements of the City of Modesto Municipal Code Title 8 Chapter 3, and
WHEREAS, as part of the bidding process for the office equipment, for purchases such as copiers, the City has frequently selected a local vendor to provide maintenance service due to the quick turnaround in service that can be provided with a local vendor compared to a vendor located outside of the Modesto area, and WHEREAS, as part of preparation of the annual fiscal year budget, the annual costs for this maintenance service has been historically approved by Council through the annual budget adoption process, and
WHEREAS, the Finance Department and Information Technology Department will bring an item to Council every fiscal year to provide transparency for all maintenance agreements being utilized by City Departments; The Purchasing Division will continue to evaluate the cost-effective use of these maintenance agreements especially as the equipment ages over the depreciated life of the asset, and #8..
- 72 -
WHEREAS, Exhibit A is an itemized list of the equipment maintenance agreements being utilized by City departments for agreements less than $100,000 under the City Manager’s approval authority, and
WHEREAS, there were no itemized equipment maintenance agreements utilized by the City departments greater than $100,000 which would require authorization by City Council, and
WHEREAS, per MMC 8-3.204(d) states that where the Purchasing Manager, in his or her discretion, determines that a process other than the formal proposal procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, the purchase may be exempt from the formal bid process.

NOW, THEREFORE, BE IT RESOLVED by the Council of City of Modesto that it hereby authorizes the payment of various equipment maintenance agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598, contingent on Council approval of the Fiscal Year 2024-2025 City of Modesto budget.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the equipment maintenance agreements for an estimated annual cost not to exceed $854,598.
#8..
- 73 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June, 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
#8..
- 74 -
Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 24-25
Maintenance Cost Funding Source
3SI SECURITY SYSTEMS Investigatory Tool $ 2,297 General Fund AMERICAN CHILLER CO. Heating and Cooling of the Modesto Centre Plaza $ 95,700 Centre Plaza AMANO PARCS $ 66,550 Parking Services
ACCRUENT CMMS $ 7,962 Building Services Fund
ACTION TARGET, INC. Target shooting system at the Tactical Training Center $ 7,256 General Fund AIR WEST FILTRATION / BENZ AIR Station Facilities $ 35,444 General Fund AIRGAS Life saving equipment $ 6,600 General Fund
AMERICAN BARCODE AND RFID Annual Services Agreement for Barcode Machine $ 1,674 General Fund ARC DOCUMENT SOLUTIONS Printing of Maps for Planning division $ 3,720 General Fund ARC DOCUMENT SOLUTIONS Plotters are used to print large sized maps of job sites, etc. $ 8,580 Water Fund

BMI IMAGING
Fujitsu scanner is used by Records to scan and store electronic records for storage. $ 2,303 General Fund
BOSS BUSINESS SYSTEMS Copier for Jennings WWTP - Training Center $ 2,420 Wastewater Fund CA HEALTH AND SAFETY Breathing equipmemt $ 11,000 General Fund CA REDING Printing for day-to-day work activities $ 3,153 General Fund CA REDING Printing for day-to-day work activities $ 7,545 General Fund CA REDING Copier Maintenance $ 6,193 Fleet Fund
CUMMINS Currency Counter - detect counterfeit $ 909 Water Fund CUMMINS Currency Counter - detect counterfeit $ 900 Water Fund CUMMINS Currency Counter - detect counterfeit $ 932 Water Fund CUMMINS Currency Counter - detect counterfeit $ 899 General Fund DELTA WIRELESS Radio Communications equipment $ 48,317 General Fund EKC ENTERPRISES Fire alarm and fire sprinklers $ 5,125 Water Fund EXCEL FITNESS Fitness equipment $ 1,861 General Fund

FARO TECHNOLOGIES
Annual Calibration and Certification of 3-D Laser Scanner to Diagram traffic collisions and homicide scenes $ 7,907 General Fund FIRE SERVICE SPECIFICATION & SUPPLY Life saving equipment $ 5,581 General Fund HERITAGE-CRYSTAL CLEAN, LLC. Parts cleaner for fire fighting equipment $ 5,581 General Fund

IMAGEWARE SYSTEMS
Annual hardware maintenance for hardware system in creating ID badges for department $ 10,527 General Fund
KODAK ALARIS Printing for day-to-day work activities $ 2,792 General Fund LEHR Annual Maintenance for LPR systems $ 53,149 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities $ 745 General Fund

Page 1 of 5 ends

#8..

Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 24-25
Maintenance Cost Funding Source
LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities $ 5,581 Capital Improvement Fund LUCAS BUSINESS SYSTEMS Scan documents, limited color copy use $ 745 General Fund LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities at MYC $ 242 General Fund

LUCAS BUSINESS SYSTEMS
Printing for day-to-day work activities. Copier located in MCP office. $ 3,737 Center Plaza
LUCAS BUSINESS SYSTEMS Printing for day-to-day work activities at SCC $ 1,063 General Fund

LUCAS BUSINESS SYSTEMS
Printing and making copies for in-house programs and public on an as needed basis. Copier located in PRN alley. $ 8,470 General Fund LUCAS BUSINESS SYSTEMS Printer $ 2,420 Building Services Fund LUCAS BUSINESS SYSTEMS Copier for day-to-day $ 880 Surface Transportation Fund LUCAS BUSINESS SYSTEMS Copier for Sutter WWTP - Building 3 - Maintenance $ 799 Wastewater Fund LUCAS/INLAND Copier, Fax, Scanner $ 5,315 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 1,815 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 3,235 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 3,190 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 5,585 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 8,712 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 8,504 General Fund
LUCAS/INLAND Copier, Fax, Scanner $ 8,504 General Fund
MO-CAL OFFICE SOLUTIONS PRN Mailroom $ 8,470 General Fund MO-CAL OFFICE SOLUTIONS Printing for day to day at NCAMP $ 1,000 General Fund MO-CAL OFFICE SOLUTIONS Printing for day to day at Museum $ 600 General Fund MO-CAL OFFICE SOLUTIONS Printing for day to day at PRN/TSP near Recreation $ 1,500 General Fund MO-CAL OFFICE SOLUTIONS Copier, Fax, Scanner $ 770 Information Technology MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 3,645 Water Fund MO-CAL OFFICE SOLUTIONS Printer $ 2,792 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copy documents for City Manager, Council and Auditor's office $ 6,589 General Fund MO-CAL OFFICE SOLUTIONS Copier for Jennings WWTP - Administration $ 4,085 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier for Sutter WWTP - Building 1 - Administration $ 6,600 Wastewater Fund MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 3,449 Capital Improvement Fund MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 3,449 General Fund

Page 2 of 5 ends

#8..

Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 24-25
Maintenance Cost Funding Source
MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner
MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 3,160 Green Waste Fund MO-CAL OFFICE SOLUTIONS Copier/Printer/Scanner $ 1,128 Surface Transportation Fund MO-CAL OFFICE SOLUTIONS Printer/Copier/Scanner $ 3,721 Wastewater Fund MO-CAL OFFICE SOLUTIONS Printer/Copier/Scanner $ 3,721 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier Maintenance $ 1,921 General Fund MO-CAL OFFICE SOLUTIONS Copier for Sutter WWTP - Building 2 - Collections $ 7,321 Wastewater Fund MO-CAL OFFICE SOLUTIONS Copier is used to make copies, scan, fax $ 8,300 Water Fund MO-CAL OFFICE SOLUTIONS Copier $ 840 Solid Waste Fund
MO-CAL OFFICE SOLUTIONS Copier $ 811 General Fund
MO-CAL OFFICE SOLUTIONS Printing for day-to-day work activities $ 1,210 General Fund MO-CAL OFFICE SOLUTIONS Copier for IT $ 500 IT Funds
MO-CAL OFFICE SOLUTIONS Department Copier/Printer/Scanner $ 3,900 General Fund MO-CAL OFFICE SOLUTIONS Copier for day-to-day $ 1,200 Surface Transportation Fund MO-CAL OFFICE SOLUTIONS Accounting Copier $ 1,238 General Fund MANTECH - FORMERLY MANSCI INC. Mansci Lab Equipment Extended Warrant $ 5,500 Wastewater Fund MOBILE SPIKE Mobile Spike Strips $ 11,000 General Fund
NEC CORPORATION OF AMERICA Automated Fingerprint Identification System - fingerprinting $ 13,330 General Fund OPEX Envelope Opener - opens mixed sized envelopes $ 746 Water Fund OPEX Mail Opener & sorter $ 4,193 Water Fund
PARKEON Off street pay stations $ 4,650 Parking Services Fund PARKFOLIO Off street pay stations /connectivity $ 5,007 Parking Services Fund PUENTES TECHNOLOGIES Copier, Fax, Scanner $ 1,772 General Fund QUADIENT Mail Room Postage & Label Machine $ 16,119 General Fund (UBEO) RAY MORGAN CO. Copier for Building Safety and Neighborhood Preservation $ 3,965 General Fund (UBEO) RAY MORGAN CO. Large Format Printer/Scanner $ 6,000 Wastewater Fund (UBEO) RAY MORGAN CO. Copier for Sutter WWTP - Environmental Services $ 4,620 Wastewater Fund (UBEO) RAY MORGAN CO. Copier is used to make copies $ 4,235 Water Fund (UBEO) RAY MORGAN CO. Copier is used to make copies $ 4,235 Water Fund (UBEO) RAY MORGAN CO. Copier for Customer Service - Finance $ 1,577 Water Fund $ 17,356 General Fund

Page 3 of 5 ends

#8..

Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 24-25
Maintenance Cost Funding Source

SCANNER ONE
Check Scanner - uploads to RemitPlus for Electronic check file to bank $ 900 Water Fund
SCANTRON Scantron Reader for Recruitment Tests $ 1,623 General Fund SEAL ANALYTICAL Seal Lab Equipment Service Contract $ 9,900 Wastewater Fund SMILE BUSINESS PRODUCTS INC Department Copier-LITT Store $ 440 General Fund SMILE BUSINESS PRODUCTS INC Department Copier-JEFF Store $ 440 General Fund SMILE BUSINESS PRODUCTS INC Purchasing Copier $ 1,318 General Fund

SMILE BUSINESS PRODUCTS INC
Day to day copy purposes, parts, labor, staples, maintenance and support ending 4/21/21-501 N Jefferson site $ 2,200 General Fund SSD SYSTEMS Alarm service $ 2,791 General Fund
STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 770 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund

Page 4 of 5 ends

#8..

Exhibit A - Fiscal Year 2024-2025 Equipment Maintenance Less than 100K Vendor/Contractor Name Business Purpose of Equipment
Proposed - FY 24-25
Maintenance Cost Funding Source
STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund STRYKER SALES CORPORATION Life saving equipment $ 2,119 General Fund TECA Data Safe Corporation (CYBERNETIC) Tape Library Backup/Utility Billing System $ 6,164 Water Fund TECHNOLOGY UNLIMITED MAINTENANCE CASH COUNTER BALANCING ROOM $ 550 Water Fund

THE RADAR SHOP
Annual Calibration and Certification and repair of Radar and Lidar Guns for mitigating traffic safety. $ 5,581 General Fund TRANE MCP Fountain Maintenance - Annual $ 5,500 Center Plaza SPECIAL SERVICES GROUP Annual maintenance of GPS Vehicle Trackers $ 9,700 General Fund SPECIAL SERVICES GROUP Annual maintenance of GPS Vehicle Trackers $ 9,700 General Fund VERTIV Annual Maintenance for Battery Backup for MPD Servers $ 13,500 General Fund WEST COAST DOOR AND GATE Station facility $ 54,759 General Fund ZOOM IMAGING Department Copier $ 1,241 General Fund
ZOOM IMAGING Copier for day-to-day $ 1,554 Fleet Fund
ZOOM IMAGING Copier for day-to-day $ 1,288 Fleet Fund
ZOOM IMAGING Copier for day-to-day $ 1,041 Surface Transportation Fund ZOOM IMAGING Copier for day-to-day $ 1,333 Airport Fund ZOOM IMAGING Printer/Copier $ 2,791 Capital Improvement Fund ZOOM IMAGING Copier for Sutter WWTP - Building 2 - Collections $ 1,757 Wastewater Fund TOTAL $ 854,598

Page 5 of 5 ends

#8..

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: April 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Harless, Information Technology Manager
SUBJECT: Payment of Software Maintenance Support Agreements for FY 2024-2025
CONTACT: Kevin Harless, Information Technology Manager
[email protected], 209.571.5593
DESCRIPTION:

Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473. (Funding Source: Information Technology Fund and Various Funds)
STRATEGIC PLAN ELEMENT:

This item is consistent with the City’s 2020-2025 Strategic Plan to improve community safety, ensure safe, efficient, and reliable infrastructure, and promote trust and engagement with the community and directly supports the Smart City Strategy adopted in 2021.

BACKGROUND:

The City has an ongoing need for maintenance support agreements for software applications utilized by all City departments to keep those applications current and protected. These routine support renewal agreements along with their associated invoices arrive at various times throughout a fiscal year.

Each year, the Information Technology Department consolidates the City’s annual software maintenance agreements with the last action taken at the June 6, 2023 Council meeting. To maximize efficiency, staff requests the City Council consider authorizing payment of these agreements in a single action in lieu of authorizing the payments individually over multiple Council meetings as invoices are presented for payment.

DISCUSSION:

Exhibit A contains an itemized list of the annual software maintenance support agreements utilized throughout the City and below the $100,000 contract limit. Exhibit B contains an #9..
- 80 -
City Council, June 4, 2024
Payment of Software Maintenance Support Agreements for
FY 2024-2025 Page 2 of 3
itemized list of the annual software maintenance support agreements utilized throughout the City that are greater than the $100,000 contract limit, therefore requiring authorization by the City Council. The Information Technology Department gathered this information from City departments so that all software maintenance support agreements could be presented in a single action to authorize payment and to authorize the City Manager, or his designee to execute routine renewal agreements associated with Exhibits A and B.

Per MMC Section 8-3.204(c), the Purchasing Manager, in his or her discretion, may determine that calling for bids on a competitive basis as set forth in Modesto Municipal Code section

83.203 is undesirable due to exigent circumstances. Additionally, MMC 8-3.204(d) states that where the Purchasing Manager, in his or her discretion, determines that a process other than the formal proposal procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality, the purchase may be exempt from the formal bid process. Under this scenario, all purchasing processes shall be met and any new agreements and award of formal bids shall continue to be brought to Council for approval on a fiscal year basis.

FISCAL IMPACT:

The items listed in Exhibits A and B have current agreements that have been approved through the required contracting and purchasing policies and processes and are categorized based on where the contract authority resides. The total amount for Exhibit A is $3,894,994 and the total amount for Exhibit B is $5,929,479. The grand total of both exhibits is $9,824,473.

Much of the software is managed and funded through the Information Technology Fund as it is utilized across most City departments. However, a portion of the software is managed and funded by individual departments to address their specific operational needs. Funding for these software maintenance support agreements has been budgeted in the FY 2024-2025 operating budget of the Information Technology Fund, which is an internal service fund, and the appropriate Departments’ associated funds as represented below:

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee during the April 15-17, 2024, Budget Workshop. The Finance Committee approved forwarding this item to the City Council for #9..
- 81 -
City Council, June 4, 2024
Payment of Software Maintenance Support Agreements for
FY 2024-2025 Page 3 of 3
approval in an amount not to exceed $9,539,115; however, staff reviewed and corrected the amount to $9,824,473.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2024-2025.

Approved by:

Kevin Harless, Information Technology Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A –Software Maintenance Under $100,000

3. Exhibit B –Software Maintenance Over $100,000

4. Exhibit C – Software Maintenance Summary
#9..
- 82 -
06/04/2024/IT/KHarless/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING THE PAYMENT OF SOFTWARE
MAINTENANCE SUPPORT AGREEMENTS FOR FISCAL YEAR 2024-2025 IN AN AMOUNT NOT TO EXCEED $9,824,473; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE ROUTINE RENEWAL

AGREEMENTS ASSOCIATED WITH THE ITEMS IN EXHIBIT A AND

EXHIBIT B - SOFTWARE MAINTENANCE SUPPORT AGREEMENTS FOR FISCAL YEAR 2024-2025
WHEREAS, the City has an ongoing need for software maintenance support agreements for software assets utilized by the City of Modesto, and WHEREAS, the expenditures for software maintenance support agreements have been approved by Council through the budget process, and WHEREAS, staff requests the approval for payment of software maintenance support invoices presented for Fiscal Year 2024–2025 in an amount not to exceed $9,824,473.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves payment for invoices for various software maintenance support agreements from software vendors or their representatives for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473, contingent on Council approval of the Fiscal Year 2024-2025 City of Modesto budget
.

BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the software maintenance support agreements. #9..
- 83 -
06/04/2024/IT/KHarless/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 4th day of June 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
#9..
- 84 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Activation Case Management Sytstem Activation ITD 5230 7/1/2024 6/30/2025 $2,792 Cricut Image templates nad marketing materials
development tool
Cricut PRN 0100 1/10/2024 1/9/2025 $120
Canva Marketing materials development tool Canva PRN 0100 1/10/2024 1/9/2025 $300 PosterMyWall Marketing materials development PosterMyWall PRN 0100 2/10/2024 2/9/2025 $320 Crime Free Easy Tracking Dynamic Design - Multi User Internal WEB Easy Tracking Software and Annual Subscription
Renewal. Used to track crime free housing
inspections and number and details of each
complex.

Dynamic Design
Software
MPD 0100 197135 3/1/2025 2/28/2026 $440
Forensic Explorer By GetData Forensics Company. High Tech Crimes Unit investigatory tool.

Getdata Forensics
USA
MPD 0100 2019-317 210925 11/30/2024 11/29/2025 $550
Loftware Barcode and Labeling System Loftware FIN 0100 161871 7/1/2024 6/30/2025 $555 Message On Hold System Message On Hold System for MPD Spectrio MPD 0100 2/28/2025 3/1/2026 $750 NIGP Consulting NIGP 5-Digit Commodity Code License Renewal Periscope Holdings
FIN 0100 2019-317 159089 7/1/2024 6/30/2025 $880
IP2 Annual Location License IP2 MPD 0100 PCard 11/24/2021 12/3/2024 $880 X-Ways Software Forensics Forensics investigatory tool. (2 user BYOD licenses)
X-Ways Software
Technology
MPD 0100 PCard 3/9/2025 3/9/2026 $1,000
Scantron Scanner hardware support for HR Scantron
Corporation
HUR 0100 2019-317 157641 6/12/2022 6/11/2023 $1,105
Trackers for ISD (PCU) 4 GPS Trackers used by PCU for stolen items 3SI Security MPD 0100 9/1/2023 8/31/2024 $1,500 Critical Reach Critical Reach APBnet Bulletin Service
Annual Fee for use of software, servers,
network bandwith & user support
Critical Reach MPD 0100 2019-317 214917 1/1/2022 12/31/2024 $1,700 IA Pro - Blue Team Blue Team Annual Maintenance including all software upgrades, associated materials and
technical support via phone and e-mail
CI Technologies MPD 0100 207516 8/1/2024 7/31/2025 $1,760 Rentalscape Software to track Short Term Rentals (STR) and provide business address
Deckard FIN 0100 9/29/2024 9/28/2025 $1,800
Crash Data Recorder Annual Software Subscription to Crash Data Recorder
(CDR). This is utilized by the Traffic Unit for
imaging Air Bag Control Modulars in the event of
a fatal accident.

Crash Data Group,
Inc.

MPD 0100 2019-317 P-card 8/22/2021 8/22/2024 $2,000
When2Work Recreation division staff scheduler When2Work PRN 0100 2/18/2024 2/17/2025 $2,000 TSI Incorporated Annual maintenance and calibration of the fit testing machines to ensure they are calibrated to
the original manufacturer's specifications/the
National Institute of Standards and Technology
(NIST) *Paid for two calibrations in 2 year service
agreement
TSI Incorporated MFD 0100 203798 6/14/2025 6/14/2026 $2,112 1 #9..
- 85 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost GO ANYWHERE MFT 5.4.4
(PD)
Managed File Transfer software used to manage
data from various databases and servers both
internal and external to City. Project execution
can be automated and triggered by various
methods. Used to help centralize data file
transfers. Useful in creating
HelpSystems MPD 0100 2019-317 227620 6/30/2022 6/30/2023 $2,150 Hyland - XML index XML Index Document import processor Hyland MPD 0100 4/30/2025 4/30/2027 $2,200 LETS Software Used by CNT for Communication LETS MPD 0100 7/1/2025 6/30/2025 $2,500 Ecite Software Ecite Software Annual Maintenance Crossroads MPD 0100 227626 6/30/2022 6/30/2024 $2,750 FARO SCENE 3D Scene Maintenance Software Licensing and
Maintenance Agreement for the Faro
Technologies Laser Scanner. This software is used
to capture and process datapoints into diagrams
and is used by both Traffic Officers for collision
scenes and ISD Detectives
Faro Technologies MPD 0100 208007 8/13/2024 8/14/2025 $2,860 CopLink Export CopLink export from Inform RMS Central Square Technologies
MPD 0100 205436 8/1/2021 6/30/2025 $3,000
IAProfessional & BlueTeam
Suite
Internal affairs case management and Officer infield use of force reporting.CI-Technologies MPD 0100 2019-317 207516 8/1/2024 7/31/2025 $3,080 Commercial Real Estate
Exchange
Commercial Real Estate information Crexi CED 0100 12/31/2023 12/30/2024 $3,180 DogTeam Pro Web & App base K9 Activity reporting; statistical system
DogTeam Pro MPD 0100 4/1/2025 3/30/2026 $3,200
TLOxp TransUnion TLO Monthly Subscription to database. Utilized by Crime Analysts as an investigatory tool. Monthly
charge is based on usage.

Trans Union Risk
and Data
Solutions
MPD 0100 7/1/2024 6/30/2025 $3,300
NEC Software Assurance Software assurance which provides the ability for IT staff to contact DTC/NEC for system support,
access to software upgrades and services for the
department's Voice over IP phone system.

DTC - Digital
Telecommunicati
ons Corp
MPD 0100 205348 6/30/2024 5/29/2025 $3,520
Publish PDF Publish PDF of approved RMS reports to network file share
Central Square
Technologies
MPD 0100 158186 7/26/2024 7/25/2025 $3,850
Callyo Softrware for ISD Callyo MPD 0100 7/1/2024 6/30/2025 $3,888 Cradle Point for POD Cameras Renewal of 14 licenses for the cradle point for POD Cameras and Armadillo
Cradle Point -
NetCloud
MPD 0100 2022-256 236207 11/25/2024 11/24/2025 $4,500
Crimemapping.com Public Facing police incident map for citizens to view. Also for Annual renewal of End User License
& Software Support Agreement for CrimeMapping
software. Crime Analyst crime mapping tool.

CentralSquare
Technologies
MPD 0100 2019-317 211918 12/31/2021 12/31/2024 $4,500
2 #9..
- 86 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost SitStat Licensing Emergency operations situational awareness platform and resource alerting system - 15
licenses @ $300.00 / each.

Stanislaus County
of Emergency
Services
MFD 0100 11/1/2024 11/1/2025 $4,950
CopWare: Legal Sourcebook,
California Codes, and Mobile
App
"California Peace Officers Legal Sourcebook Site
License for 201-300 Sworn Officers. Provides
sworn personnel with an on-line resource for
accessing this information.

California Peace Officers Legal Sourcebook and
California Codes Mobile App License for 2
CopWare MPD 0100 2019-317 227668 6/30/2024 6/30/2025 $5,000 Magnet IEF SMS
Magnet IEF; SMS Magnet IEF Triage Module; SMS
Magnet IEF Module Mobile Artifacts; SMS Magnet
IEF Module Business Applications. Investigatory
tool.

Magnet Forensics MPD 0100 2022-256 210063 1/1/2024 12/31/2025 $5,060 PowerDMS Paperless Daily Observation Reports for Field
Training Program & Manual for training
PowerDMS MPD 0100 213900 12/1/2021 12/1/2024 $5,500
CoStar Commercial Real Estate Information CoStar CED 0100 2019-317 160991 3/31/2022 3/31/2023 $5,867 ACCRUENT CMMS - PRND Annual tech support and web hosting for our daily work order maintenance system at 501 N
Jefferson St site

ACCRUENT LLC
(formerly
Maintenance
Connection)
PRN 0100 TBD 6/1/2023 6/1/2024 $6,105
Training Software - Lefta Training Software used to keep track of the POSTmandated training that officers complete.Lefta MPD 0100 7/1/2024 6/30/2025 $8,700 NEC AFIS Renewal of Annual Maintenance and Support for
the
NEC AFIS (Automated Fingerprint Identification
System) used by the Police Department to take
and send fingerprints to DOJ as part of
background process for new applicants.

NEC Corporation
of America
MPD 0100 2019-317 184833 9/30/2024 9/29/2025 $8,800
Imageware Annual Software and Hardware Maintenance LE
Renewal for Imageware. Imageware is a software
and hardware system utilized in creating police
department employee ID badges.

Imageware MPD 0100 2019-317 205572 6/30/2022 6/30/2023 $9,570 Public Safety Citizen Reporting
Module
On-line reporting system allowing citizens to file
police reports online.

Central Square
Technologies
MPD 0100 2018-210 193836 7/1/2024 6/30/2025 $9,900
Software for ID Employee
Badges
Annual Software and Hardware Maintenance LE
Renewal for Imageware. Imageware is a software
and hardware system utilized in creating police
department employee ID badges.

Genetec Security
Desk
MPD 0100 7/1/2024 6/30/2026 $10,000
3 #9..
- 87 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost PINS Advantage Electronic Insurance Certificate Management System
PINS HUR 0100 10/24/2024 10/23/2025 $10,500
GovInvest Labor Tracking Software GovInvest, Inc. HUR 0100 7/2/2024 7/1/2025 $13,000 Covert Track Service Annual Maintenance for GPS Trackers for Investiations
Special Services
Group LLC
MPD 0100 2019-317 213785 2/18/2024 2/16/2025 $13,500
Video Collection - FirstTwo Annual license for FirstTwo which integrates Fusus and provides real time public data,
mapping, and social media marking in real time
FirstTwo MPD 0100 4/1/2025 3/30/2026 $13,500
PerfectMind Perfect Mind, Recreation Software, used for Facility Rentals and Program Registrations
PerfectMind PRN 0100 2017-243 164471 6/27/2024 6/26/2027 $14,566 CLEAR Search CLEAR Search Software utilized by Crime Analysts as an investigatory tool as a subscription service.

Paid monthly
Thomson-Reuters MPD 0100 7/1/2022 6/30/2024 $15,400
NEC Phone System Software NEC Software system for MPD Phone System DTC - Digital Telecommunicati
ons Corp
MPD 0100 199223 6/30/2024 5/29/2025 $15,400
Debt Mgmt Software Debt Mgmt Software Debtbook FIN 0100 1/14/2024 1/13/2025 $16,000 Netmotion Software Mobility application for 127 devices and 1 additional server police module
Mobile Wireless -
NetMotion
MPD 0100 2019-317 216630 4/1/2025 3/31/2026 $17,000
Vector Solutions - CrewSense Fire Crew call back scheduling / hiring system Vector Solutions MFD 0100 2021-226 207580 7/1/2024 6/30/2025 $17,851 Veritone - RIPA Annual license for Veritone for state mandated RIPA reporting
Veritone MPD 0100 1/1/2025 12/31/2026 $19,000
HDL Interface
Oracle/SpryPoint Go Live
HDL Interface Oracle/SpryPoint Go Live HDL Prime
Interface
FIN 0100 7/2/2024 6/30/2025 $20,000
Vertiv Battery back up service for MPD servers Vertiv MPD 0100 3/1/2025 2/28/2026 $22,000 Vigilant - EA Contract with Vigilant for annual ESA subscription for 29 LPR Camera license keys & VS ISA
Integration service for non-Vigilant LPR Cameras
Vigilant MPD 0100 215175 1/1/2025 12/31/2026 $22,000
HDL Prime Business license, TOT, Cannabis Tax Software
application
HDL Companies
Business License
FIN 0100 2021-226 185546 8/1/2024 7/31/2025 $24,860
Target Solutions Online Training System Vector Solutions MFD 0100 2021-226 211871 11/15/2024 11/14/2025 $25,730 Cellebright UFED Support and
Cloud Analyzer
Cell phone digital forensic tool UFED UPC Ultimate
X3 & UFED Cloud Analyzer and Dongels
Cellebrite UFED
Analyzer
MPD 0100 2019-317 206864 9/30/2021 9/30/2024 $27,500
NIBRS Handle PDF Documents Central Square
Technologies
MPD 0100 216520 10/1/2024 9/29/2025 $27,500
Cordico App Cordico App - For assistance with Officer Wellness used by Officers
Lexipol MPD 0100 9/1/2023 8/31/2024 $29,000
4 #9..
- 88 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost T2 Parking Citations Cloud system for T2 Parking Citation processing and appeals. Online payment portal. Managed
by Finance/Customer Service staff.

T2 Systems FIN 0100 2021-226 191517 12/1/2024 11/30/2025 $29,001 OnBase - PD OnBase is used by MPD as our Enterprise Content Management Sytem (ECM). Scanned images of
Police Reports and post-mandated training
related documents are stored in OnBase. OnBase
Annual Maintenance and Support for
LocalGovernment Web Server. OnBase Local
Hyland Software MPD 0100 2019-317 199207 5/1/2024 4/30/2026 $32,000 PLX Annual renewal of annual maintenance and
support services for Collection Maintenance
Premium & Analytical Maintenance. Investigatory
tools used by PD
Penlink MPD 0100 2019-317 215174 1/1/2025 12/31/2026 $33,000 Inform RMS Police Field Reporting and Records Management System. MPD's Records Management System
Licensing
Central Square
Technologies
MPD 0100 2017-167 227933 11/2/2024 11/1/2025 $35,000
InTime Scheduling &
Timekeeping
Intime is used by the MPD to build the
departments complex 24/7 patrol calendar. This
includes rotating shifts, shift bidding by seniority,
minimum staffing management, and outside work
agreement management. Although InTime is a full
Scheduling, Payroll,
InTime Solutions MPD 0100 2019-317 228417 8/1/2024 7/31/2025 $41,500 Lexipol LE Annual renewal of Lexipol LE Policy Manual
Update
Subscription; LE Procedures Manual On-Line; LE
Management Services. Utilized by MPD to provide
online version of Policy Manual, policy manual
updates; electronic signature tracking for
disbursal to staff a
Lexipol MPD 0100 2019-317 211134 10/1/2024 9/30/2025 $50,000 Star Chase GPS projectile subscription for Star Chase
Launcers
Star Chase MPD 0100 213787 12/20/2024 12/19/2027 $50,000 Gray Shift - Gray Key Forensic tool to extract data from Iphones Gray Shift - Gary Key
MPD 0100 228742 8/4/2024 8/3/2026 $52,500
Zoll Fire RMS & ePCR Modesto Fire Department's Fire Records Management System and Electronic Patient Care
Record
Zoll MFD 0100 2020-277 156679 1/22/2025 1/21/2026 $56,483 ESRI - ArcGIS 10.6 (PD) It is a powerful GIS authoring, editing, and geoprocessing application that allows you to
create beautiful maps, edit and manage spatial
data, and perform the full spectrum of analyses
needed to turn your raw data into valuable
information. Annual Licensi
CyberTech MPD 0100 2019-317 180418 2/14/2025 2/13/2026 $57,750 5 #9..
- 89 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Vigilant - Maintenance Software maintenance for LPRs, Software license Key Fee for each camera, Commercial Data Fee
and Data Source Fee
Lehr MPD 0100 197918 3/31/2025 3/31/2026 $60,830
CAD System Maintenance 22-23 CAD System Maintenance MPD share of 911 Communications Center -billed by Stanislaus
County
Central Square
Technologies
(Formerly Tritech)
MPD 0100 2019-317 N/A 4/30/2025 4/30/2026 $77,000
GeoShield GeoShield is a data integration and visualization platform, built on top of ESRI ArcGIS. GeoShield
provides a map-based dashboard where Calls for
Service, Records Management Incidents,
Probationers, Police vehicle locations, cameras,
and license plate rea
Spatialitics LLC MPD 0100 2022-063 2/2/2025 2/1/2026 $77,000 Neighborly Cloud based HUD project and grant management Benevate dba Neighborly
Software
CED 1133 2021-436 8/23/2021 12/1/2023 $39,000
Star*Net Pro STAR*NET Pro (Annual Maintenance Subscription) MicroSurvey ENG 1300 2019-317 158039 6/30/2023 6/29/2024 $800 Star Net Pro STAR*NET Pro Annual Maintenance Subscription (Engineering)
Microsurvey UPP 1300 7/1/2024 6/30/2025 $800
BlueBeam Comprehensive AECO collaboration for
companies and power users at unlimited project
scale
BlueBeam ENG 1300 12/19/2023 12/18/2024 $1,600
StreetSaver A computer-based pavement management
system, that allows agencies better maintain their
local streets and roads.

Metropolitan
Transportation
ENG 1300 2019-317 Non PO Form3/1/2023 2/28/2024 $4,500
LCP Tracker Labor Compliance Software LCP ENG 1300 4/5/2022 4/4/2025 $58,837 Trafficware (Synchro) Trafficware advances motorists' quality of life and promotes green initiatives by optimizing the flow
of motorist and pedestrian traffic, while also
expediting the arrival of emergency vehicles and
maintaining transit vehicle schedules.

Trafficware/Cubic PWO 1700 3/16/2025 3/16/2026 $530
AutoTURN Map Performs turning movement analysis to check vehicle access and ensure vehicles have enough
space to circulate around an area safely and
efficiently
Transoft Solutions PWO 1700 211471 10/31/2024 10/31/2025 $550 Transparity (Traffic) Application that manages communication with traffic signal equipment for programming, etc .

Used by PW staff on 4th floor. Used to be
"QuicNet" but upgraded on 6/25/2018 to
Transparity.

McCain, Inc. PWO 1700 2019-317 203341 9/1/2023 8/31/2026 $12,950 6 #9..
- 90 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Parkfolio Monthly connectivity charges with Level 3 Alarms, Statistics and CR Card for 5 multispace parking
meters
Parkeon PWO 4000 164219 1/1/2025 12/31/2026 $3,720
FlowBird Extended warranty and customer phone support
for parking meter software & hardware
Parkeon PWO 4000 198585 1/1/2025 12/31/2026 $3,842
Automated Parking System NowCare Premium Support Agreement Tech support for automated parking system
software & hardware
Amano McGann
Inc
PWO 4000 2019-317 173179 4/1/2025 3/31/2026 $55,000
Lucity Lucity provides asset and maintenance
management software solutions. The Lucity suite
offers you a comprehensive solution for Work
Management. The Work modules allow you to
establish your work flow, track customer
requests, create work orders, establish
Lucity UPP 4100 2018-117 143851 4/5/2023 4/4/2028 $47,300 Efax LCMData Efax Service LCMData FIN 4100 3/2/2024 3/1/2025 $2,200 VMWare - SCADA Support SCADA VMWare infrastucture Support VMWare UPP 4100 218657 3/27/2022 3/27/2025 $2,745 RASWIN Sprypoint Migration Point of Sale Cash Receipting System Quadrant FIN 4100 2021-226 168407 7/1/2024 6/30/2025 $5,000 Express / WebView Enterprise Content Management software that manages documents related to Customer
Services. Primarily stores Utility Bills and related
reports. WebView is web based interface to
retrieve documents. Various types of documents
can be archived. Ability t
S4i Systems FIN 4100 2021-226 184356 7/1/2024 6/30/2025 $5,100 RASWIN RASWIN Point of Sale Cash Receipting System Quadrant FIN 4100 1/1/2025 12/31/2025 $6,050 Vector Solutions Training Online courses for CEU/Contact Hours for Water and Wastewater Divisions
Vector Solutions UPP 4100 3/26/2025 3/24/2026 $7,200
Remit Plus Check scanning application to send check
payments to bank
Jack Henry &
Associates, Inc.

FIN 4100 2021-226 183868 7/1/2024 6/30/2025 $7,500
Cisco ASA 5508-X AMP/IPS
Subscription License
Cisco ASA5508 FirePOWER IPS and AMP Licenses
for SCADA
Cisco UPP 4100 5/15/2022 5/14/2025 $8,800
infraMap Utilized by the Water Department to perform
valve turning, backflows, and 811 tickets (USA
tracking). Disconnected use for Work Orders,
Inspections, Isolation Traces, One-Click Reporting,
Redlining and Data Collection. Directly control
and record data fro
iWater UPP 4100 2019-317 165580 11/1/2024 10/31/2025 $10,000 Cisco ASA 5508-X SmartNet
Support
Cisco ASA5508 Firewall Support for SCADA Cisco UPP 4100 5/15/2022 5/14/2025 $11,119 7 #9..
- 91 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost InfoWater Annual Maintenance & Software
Agreements for InfoSWMM & InfoWater
(Floating License #FLM43R10101-0001041)
InfoWater is a fully GIS integrated water
distribution modeling and management software
application. Built atop ArcGIS™ using the latest
Microsoft .N
Innovyze UPP 4100 2019-317 163733 6/15/2021 8/14/2022 $13,750 BEACON Meter Reading system used by Water Services
Division and used with Naviline Utility Billing.

Badger Meter UPP 4100 12/8/2024 12/7/2025 $30,000
ESRI - Water ESRI - GIS for CMMS work order system (Lucity) - Water, Wastewater, Storm Drain, Forestry, Police,
Fire, Electrical, etc.

ESRI UPP 4100 2018-117 165677 7/19/2024 7/18/2025 $71,500 WaterView Uses GIS and high res aerial imagery to calculate water use efficiency, generate water use
analytics, and supply detailed demographic data
for water services division.

Eagle Aerial UPP 4100 9/1/2024 8/30/2025 $72,000
LexisNexis Risk: Skip Tracing SkipTracing Services (Collection Process) LexisNexis FIN 41000100 2021-226 194004 6/1/2024 6/1/2025 $6,732 MediaStar Digital Signage -
Utilities
Application used to schedule, acquire and store
video media. Electronic bulletin board used at the
Corp Yard
Cabletime UPP 41004210 7/1/2024 6/30/2025 $6,991
HSQ - Phone Support HSQ (SCADA)- CMMS manage and maintain regulatory
process data
HSQ UPP 41004210 2016-495 112702 Agreement 11/1/2021 10/31/2026 $53,000 Library Software Safari Software Surpass UPP 4210 5/1/2025 6/30/2026 $528 Enercalc SE Cloud Structural Engineering Library Enercalc UPP 4210 3/31/2025 3/31/2026 $1,760 IT Pipes CCTV Inspection Software IT Pipes UPP 4210 1/31/2025 1/31/2026 $2,475 IT Pipes CCTV Inspection Software IT Pipes UPP 4210 1/31/2025 1/31/2026 $2,475 InfoSWMM - Hydraulic Sewer
Model
InfoSWMM - Hydraulic Sewer Model Innovyze UPP 4210 6/15/2021 8/14/2022 $4,125 Rockwell TechConnect - HMI Rockwell Factory Talk SE View, Studio 5000, RS Logix Support
Rockwell UPP 4210 7/19/2024 7/20/2025 $4,472
Zeno Track Membrane Monitoring for Phase I. This is just a one year renewal till WIMS is in place we will not
need.

Veolia WTS
Services USA;
FMA Suez
UPP 4210 2/20/2025 2/19/2026 $6,334
Rockwell TechConnect -
AssetCentre
Rocwell Factory Talk AssetCenter - PLC Asset
Management Subcription License and Support
Rockwell UPP 4210 5/14/2025 5/13/2026 $7,700
AQ2 Discrete Analyzer AQ2 DISCRETE ANALYZER, 090400,
090752
Seal Analytical UPP 4210 2019-317 167757 10/11/2024 10/10/2025 $8,630 Ignition SCADA Ignition SCADA support for NVRRWP Inductive Automation
UPP 4210 155721 4/3/2025 4/2/2026 $13,803
8 #9..
- 92 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost LabWorks Laboratory Information Management System
(LIMS) for Wastewater and Water
Labworks UPP 4210 2019-317 144713 8/1/2024 7/31/2025 $18,622 Linko Database Program CROMEER Compliant Software Aquatic Informatics (FMA
Linko
Technologies)
UPP 4210 020-516 194434 4/1/2025 3/31/2026 $96,745
Maintenance Connection
CMMS - Utilities
Maintenance Connection and MC Express; CMMS
used to manage and maintain assets and
coordinate maintenance of sewer plants
Accruent UPP 42104280 2017-107 133621 Agreement 4/24/2025 4/23/2026 $7,700 Maintenance Connection
CMMS
PRND (Park Ops) $3800
Public Works - $380 0
Public Works x2 - $2376
Annual Tech Support Renewal $1123
Total $18,164
Maintenance
Connection
UPP 42104480 2017-107 133621 Agreement 4/24/2025 4/23/2026 $31,768 InfoSWMM - Stormwater
Modeling
InfoSWMM - Stormwater Modeling Innovyze UPP 4480 7/1/2024 6/30/2025 $6,087 ConCentRICs Pervasive Convention Center Resource Information and Control System (ConCentRICs) - Event Registration
System
R I C CORP PRN 4700 2019-317 194377 7/1/2024 6/30/2025 $6,085 WasteWORKS/ WasteWIZARD WasteWorks and WasteWizard software is a truck scale weight and material tracking database for
the Compost Facility.

Carolina Software PWO 4890 2019-317 162752 7/1/2024 6/30/2025 $2,640 Zoom Zoom Enterprise Licenses Carahsoft ITD 5230 12/14/2024 12/13/2025 $34,516 Canva Online graphic design platform that is used to
create social media graphics and presentations.

Canva ITD 5230 12/2/2024 12/1/2025 $220
The Meeting Advantage Web-based tool designed to solve one of the most painful and common realities in business —
unfocused, ineffective and mediocre meetings.

The Table Group ITD 5230 12/1/2023 11/30/2024 $495
ARIN Public IP Address Fees Public IP Addresses ARIN ITD 5230 7/1/2024 6/30/2025 $1,000 Digicert Digital Security Certificates for multiple Modesto domains
Digicert ITD 5230 7/1/2024 6/30/2025 $2,000
Oracle Supply Chain
Management
Support# 5137117 Oracle ITD 5230 2019-317 181146 7/1/2024 6/30/2025 $2,102 Meraki TSP Public WiFi WiFi license for City Hall Plaza, 1st and 2nd floor Telcion ITD 5230 3/14/2020 2/13/2023 $2,314 BenefitFocus Infrastructure health & monitoring software Benefitfocus ITD 5230 7/1/2024 6/30/2025 $2,750 Discovery Attender 2 licenses for Software tool for Public Records Requests, Subpoena's, and etc.

Sherpa ITD 5230 2019-317 PCard Purchase - Phil 3/4/2025 3/3/2026 $3,000 Oracle Tuning Pack Support# 5721756 Oracle ITD 5230 2019-317 162446 11/16/2024 11/15/2025 $3,124 Nessus-Tenable Vulnerability Scanner CDWG ITD 5230 2019-317 162468 10/8/2024 10/7/2025 $3,182 Meraki WiFi WiFi Licenses Telcion ITD 5230 3/14/2025 3/13/2026 $3,509 9 #9..
- 93 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Manage Engine Password
Manager Pro
Manage Engine Password Manager Pro: 15
Administrator licenses
CDWG ITD 5230 2019-317 180144 5/18/2025 5/17/2026 $3,621 PasswordManager Pro Password Manager PasswordManage
r
ITD 5230 7/1/2024 6/30/2025 $5,000
Tenable Nessus Vulberability Scanner Nessus ITD 5230 7/1/2024 6/30/2025 $5,000 Oracle Financials #1 Support# 5729309 Oracle ITD 5230 2019-317 164492 11/21/2024 11/20/2025 $5,192 ERP Project Costing Support# 5163867 Oracle ITD 5230 2019-317 181144 7/1/2024 6/30/2025 $7,474 ShareGate SharePoint Management Tool ShareGate ITD 5230 7/1/2024 6/30/2025 $7,403 Oracle Human Resources #3 Support# 6853126 Oracle ITD 5230 2019-317 161856 8/3/2024 8/2/2025 $10,017 IdeaWake Innovation idea collector, rating, ranking
application for Employee Innovation Program
IdeaWake ITD 5230 12/1/2024 11/30/2025 $8,000
Toad for Oracle Oracle Database Tool DLT ITD 5230 2019-317 178837 4/30/2025 4/29/2026 $8,361 Oracle Human Resources #2 Support# 5896965 Oracle ITD 5230 2019-317 181145 7/1/2024 6/30/2025 $8,638 Oracle Human Resources #1 Support# 5109761 Oracle ITD 5230 2019-317 181147 7/1/2024 6/30/2025 $9,334 Box.com Encrypted File Transfer Box.com ITD 5230 7/1/2024 6/30/2025 $9,600 NextRequest Public Records Management software. NextRequest ITD 5230 165169 9/1/2024 8/31/2025 $9,700 NetFile Paperless Form 700
Suite
E-filing system for the 700 form. Manages tasks,
forms, and filing. Completely web-based with a
portal for public viewing.

NetFile ITD 5230 2019-304 168574 10/23/2023 10/23/2024 $10,000 Network Support Services 3rd Party Network Support Services Telcion ITD 5230 2/2/2025 2/1/2026 $52,000 GO ANYWHERE MFT (City) "GoAnywhere MFT -
Managed File Transfer software used to manage
data from various databases and servers both
internal and external to City. Project execution
can be automated and triggered by various
methods. Used to help centralize data file
transfers.

Fortra ITD 5230 2021-226 180098, 185525 7/1/2024 7/2/2025 $11,100 KnowBe4 Cybersecurity Education Program KnowBe4 ITD 5230 6/30/2024 $13,000 Oracle Financials #2 Support# 18679065 Oracle ITD 5230 2019-317 165168 8/9/2024 8/8/2025 $16,185 Vertex Payroll Tax Q Series Online resource to download tax files for integration into Oracle HRMS for payroll
processing.

Vertex ITD 5230 2019-317 160164 9/1/2024 8/31/2025 $13,048 Dell/HP Servers Dell/HP Server Maintenance Dell/HP ITD 5230 7/1/2024 6/30/2025 $13,200 Netmotion Analytics NetMotion Maintenance Mobile Wireless, LLC
ITD 5230 2019-317 173142 1/17/2025 1/16/2026 $13,200
WhatsUp Gold Application Monitoring Software IPSwitch ITD 5230 2/28/2025 2/27/2026 $13,208 Planet Bids Bid Management Software Planet Bids ITD 5230 2019-317 161903 7/1/2024 6/30/2025 $14,399 Hyland - SaaS Fees (Video
Hosting)
Video Hosting for Agenda Management System Hyland ITD 5230 2019-474 169915 11/1/2024 10/31/2025 $14,500 10 #9..
- 94 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Zoho ServiceDesk Plus Helpdesk Service Desk Software Zoho ITD 5230 170547 2/4/2025 2/3/2026 $15,427 Calm Software Subscription for Mediatation and
Mental Health
Calm Com, Inc., ITD 5230 251702 243310 12/8/2022 12/10/2026 $15,720 Nimble Virtual Networking
Storage
Nimble Disk Storage System Nimble ITD 5230 2/2/2025 2/1/2026 $16,500 Xmedius Voicemail System Maintence DTC/NEC ITD 5230 8/12/2022 8/11/2023 $16,500 Planview PPM Pro City-wide project and software portfolio management system.

Planview ITD 5230 2019-317 172696 12/1/2024 11/30/2025 $16,611 Register.com Registration service for Modesto's 39 owned domain names
Register.com ITD 5230 2019-317 Pcard Purchase 9/22/2019 9/23/2028 $18,200 Oracle Financials Expansion True-up based upon the City's Annual Operating Budget
Oracle ITD 5230 4/13/2025 4/12/2026 $41,901
DTC - Telecommunications
Services
NEC Phone System and Support DTC ITD 5230 189187 9/14/2024 9/13/2026 $22,000 Genetec Security Desk Annual Renewal for server federation and cameras for MPDs Video Surveillance System
Genetec ITD 5230 11/1/2023 10/31/2024 $22,000
Policy Management Software City-wide Policy and Procedure Management Software
Navex Global Inc. ITD 5230 196351 1/27/2025 1/26/2026 $30,587 Docusign Electronic Signature System Docusign ITD 5230 2019-475 172119 11/29/2024 11/28/2025 $25,823 Cisco Duo MFA Multi-Factor Authentication (MFA) 500 seats Telcion ITD 5230 9/5/2024 9/4/2025 $27,500 Live Action NetTool Network Monitoring Tool Telcion ITD 5230 1/10/2025 1/9/2026 $31,025 Liebert Uninterruptible Power
Supply (UPS)
Liebert Uninteruptable Power Supply (UPS) Vertiv ITD 5230 2019-317 149956 3/1/2025 2/28/2026 $27,632 Meraki MDM Mobile Device Management System Full Version Telcion ITD 5230 165596 8/3/2024 8/2/2025 $27,895 Siteimprove Website quality assurance and ADA (American Diasabilities Act) compliance
Siteimprove ITD 5230 2019-317 148308 12/5/2021 12/4/2024 $28,188 IVR & IVR Remote Desktop Phone IVR system used by Finance/Customer Services (Utilities) and CED/Building Safety to
allow citizens to phone in and pay utility bill or
schedule permit inspections, etc.

Selectron FIN 5230 2019-317 164522 11/1/2024 10/31/2025 $32,312 AutoCAD Engineering Plan Design Software DLT ITD 5230 2019-317 164472 10/17/2025 10/16/2024 $33,000 Linux (Red Hat) Red Hat Linux Licensing for Oracle EBS CDWG ITD 5230 114592 7/17/2024 7/16/2025 $33,000 Metalic Secured Disaster Recovery Backup Meridian ITD 5230 6/25/2025 6/24/2026 $37,215 ArcTitan Filter Cloud Service Email Message Archiver Titan HQ ITD 5230 7/28/2022 7/29/2023 $37,689 Civic Plus - City Website Content Management System and Hosting - Public Web Site
Civic Plus ITD 5230 2018-409 150347 10/1/2024 9/30/2025 $39,000 Hyland - OnBase Agenda Agenda Management System Hyland ITD 5230 2019-474 165054 11/1/2024 10/31/2025 $39,600 Proofpoint Enterprise Archive Email archival system Proofpoint ITD 5230 5/9/2025 5/8/2026 $42,350 11 #9..
- 95 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Proofpoint Email Security Email security filter and spam blocker Proofpoint ITD 5230 5/9/2025 5/8/2026 $42,720 Ivanti Patch Management System Ivanti ITD 5230 1/15/2025 1/14/2026 $45,325 NEC SV9300/UM8700 - PD MPD PBX and Voicemail Maintenance DTC ITD 5230 6/1/2025 5/31/2026 $46,824 NEC Phone System 9300 SW City Phone System DTC ITD 5230 150135 12/11/2024 12/28/2025 $46,825 Forcepoint Security Software Web Filter 1200 seats total ePlus ITD 5230 2018-396 129355 12/20/2024 12/19/2025 $49,500 Wordly Council Interpreation System Wordly ITD 5230 8/1/2022 7/31/2023 $38,500 Commvault Disaster Recovery Software Meridian ITD 5230 2019-317 181143 6/8/2025 6/7/2026 $48,256 Cisco Maintenance True-up
Mid Agreement
Cisco SmartNET & Licensing Maintenance Cisco ITD 5230 7/1/2024 6/30/2025 $10,236 GoModesto GoModesto application used by the public on
mobile devices to submit issues/requests to the
city.GoModesto! is an intuitive, multi-lingual, onthe-go reporting tool allowing residents of Modesto to report issues like street flooding, light
outages, ille
Central Square
Technologies
ITD 5230 2019-317 169390 11/16/2023 11/15/2024 $53,500
Oracle Analytics and Cloud Oracle Analytics and Cloud Infrastructure Oracle ITD 5230 2023-136 273712 5/2/2023 5/1/2028 $96,938 VXRail Maintenance Annual Maintenance for VXRail, SAN, comm. Dell/Kovarus ITD 5230 8/1/2021 7/31/2026 $55,000 Adobe Enterprise Creative Cloud All Apps 30 : Professional 300 Carahsoft ITD 5230 3/7/2025 3/6/2026 $57,564 Server M1000 Maintenance Hardware Maintence support for Dell M1000 server platform
Dell ITD 5230 6/1/2025 5/31/2026 $57,750
VMWare Virtual Server Software Kovarus ITD 5230 2019-317 15439 3/27/2024 3/26/2027 $36,713 Tyler Data Management Data analytics and graphical presentation application
Tyler ITD 5230 2/15/2025 2/14/2026 $80,000
NeoGov Onboarding Electronic Recruitment and Onboarding System including Modules: Perform, Custom Employee
Integration, Insight, and Onboard
NeoGov ITD 5230 2019-317 154814 2/15/2025 2/14/2026 $91,582 PINS Advantage Electronic Insurance Certificate Management System
PINS Advantage ITD 5230 209-317 169499 10/27/2024 10/24/2025 $9,900 Cummins - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
Cummins PWO 5400 10/1/2024 10/1/2025 $550
Allison - Bus Transit Maintenance Software for City Buses Allison PWO 5400 8/29/2024 8/29/2025 $770 Allison - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
Allison PWO 5400 10/1/2024 10/1/2025 $770
Detroit - Bus Transit Maintenance Software for City Buses Detroit PWO 5400 9/3/2024 9/3/2025 $770 Ford - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
Ford PWO 5400 10/1/2024 10/1/2025 $1,870
Mitchell 1 Diagnotic - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
Mitchell 1
Diagnotic
PWO 5400 10/28/2024 10/27/2025 $2,750
12 #9..
- 96 -
Exhibit A - Annual Software/Hardware Maintenance Agreements FY 24-25 Under $100K
Title Description Vendor Department Fund Resolution Number PO No. Agreement Start Agreement End Projected Maintenance Cost Cummins - Bus Transit Maintenance Software for City Buses Cummins PWO 5400 2/21/2025 2/22/2026 $3,300 Mack/Volvo - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
Mack/Volvo PWO 5400 10/1/2024 10/1/2025 $3,465
John Deere - Fleet Fleet Maintenance Software for Corp Yard & Cop Shop
John Deere PWO 5400 10/1/2024 10/1/2025 $5,280
CAT diagnostic software Fleet Maintenance Software for Corp Yard & Cop Shop
CAT diagnostic
software
PWO 5400 8/1/2024 8/1/2025 $5,610
FA Suite Applications Fleet Work Order System AssetWorks PWO 5409 2019-317 169900 12/1/2024 11/30/2025 $41,150 Maintenance Connection
CMMS - Public Works
Maintenance Connection - Annual Technical
Support, including hosting, software
maintenance, technical support, and upgrades,
and 2 licenses; approx $4500/yr. MC Express
support & maintenance (approx $610/yr).

Accruent PWO 5800 2019-317 203454, 209652 7/1/024 6/30/2025 $6,580 Total $3,894,994
13 #9..
- 97 -
Exhibit B - Annual Software/Hardware Maintenance Agreements FY 24-25 Over $100K
Title Description Vendor Department Fund Resolution PO No. Agreement Start Agreement End Projected Maintenance Cost Cellebrite Premium iPhone Premum Annual License Renewal and Android devices cracking technology
Cellebrite Premium
iPhone
MPD 0100 2019-317 227934 2/14/2022 2/13/2024 $121,000
Video Collection - Fusus Software System for video & data collection Fusus MPD 0100 3/1/2025 2/28/2026 $125,000 Cellebrite Guardian Annual Software for phone/computer digital evidence storage
Cellebrite Guardian MPD 0100 7/2/2024 7/1/2025 $135,000 Peregrine Investigative Software used by ISD and RTCC Peregrine MPD 0100 2/2/2024 2/1/2027 $184,500 Coplink 4.9.1 COPLINK is a mutli-agency data sharing platform.

Modesto PD and Stanislaus County Sheriff's Office
currently pay 50% each for the system that is housed at MPD. MPD, the Sheriffs's Office, and the PD's of
Oakdale, Ceres, and Turlock all have access. From t
ForensicLogic MPD 0100 2023-218 182397 4/1/2023 3/31/2026 $209,000 Officer Safety Plan 10 Officer Safety Plan - Evidence.com licensing 4 year contract - Year 2
Axon Enterprise MPD 0100 2020-538 207362 1/14/2024 1/13/2025 $1,029,366 SpryPoint Services Utility Billing, CR and AR SpryPoint FIN 4100 11/1/2024 10/31/2025 $423,960 E-Builder e-Builder, Inc. Program Management Information System (Enterprise Capital Program license) unlimited
licenses
e-Builder, Inc. ENG 1300 2019-317 164095 7/1/2023 6/30/2024 $103,714 Naviline Utility Billing Naviline utility billing application. Naviline utility billing application includes Naviline Cash Receipts, Navline CIS, Naviline Land Management, Naviline Accounts
Receivable, Naviline Mobile Service Orders, Naviline
ICIS VR Credit Card interface, Navili
CentralSquare FIN 4100 2021-226 163267 11/1/2024 10/31/2025 $128,500 Payflow Pro/BrainTree Payment gateway for online payments for Parking Citations and payment gateway for IVR phone payments
for Utility Billing
Payflow
Pro/BrainTree
FIN 4100 2021-226 Pcard 7/1/2024 6/30/2025 $161,500
IBM Qradar SIEM IBM ITD 5230 5/31/2025 5/30/2026 $102,854 Crowdstrike Falcon Security endpoint protection and malicious activity monitoring and forensics
Crowdstrike ITD 5230 4/26/2025 4/25/2026 $105,774
Guardicore Guardicore Security Segmentation Akamai ITD 5230 4/26/2025 4/25/2026 $109,162 CGI Advantage Performance Budgeting
(PB)
Budget Software that is used for department budget
entry and generation of the entire operating budget for the City of Modesto. The software is operated as a
Software as a Service (SAAS).

CGI ITD 5230 2019-317 176344 4/1/2025 3/31/2026 $112,200 Oracle Database Support# 2344161 Oracle ITD 5230 2019-317 180219 6/1/2025 5/31/2026 $161,134 Oracle Cloud EBS OCI Oracle Cloud Infrastructure Oracle ITD 5230 2024-015 5/2/2024 5/1/2029 $162,646 ESRI - Small Government EA It is a powerful GIS authoring, editing, and geoprocessing application that allows you to create
beautiful maps, edit and manage spatial data, and
perform the full spectrum of analyses needed to turn
your raw data into valuable information.+
ESRI ITD 5230 2019-317 176583 7/19/2024 7/18/2025 $175,000 Final Cut Media Council Production Services StanCo Partnership FCM ITD 5230 7/1/2019 6/30/2025 $218,096 CommunityDev TRAKiT Permits Cloud permit and case-tracking application used by many departments including CED, PW, UPP, etc.

CentralSquare ITD 5230 5/20/2025 5/19/2026 $243,820
Oracle E-Business Suite (COSMO) City-wide ERP application for Finance and HR processes. Oracle ITD 5230 2019-317 180213 6/1/2025 5/31/2026 $311,919 Cisco SmartNet Licensing, support and maintence for enterprise communication equipment
Telcion ITD 5230 2/2/2025 2/1/2028 $605,334
Microsoft Enterprise Agreement Microsoft 365, Windows Microsoft ITD 5230 5/1/2023 4/30/2026 $1,000,000 Total $5,929,479
1 #9..
- 98 -
Exhibit C - Annual Software/Hardware Maintenance Agreements FY 24-25 Summary
Fund Under $100,000 Over $100,000 Total
Fund 0100 - General Fund $1,166,866 $2,517,826 $3,684,692 Fund 1133 - HUD Administration $39,000 $0 $39,000
Fund 1300 - Capital Improvement Support $66,537 $103,714 $170,251 Fund 1700 - Surface Transportation Fund $14,030 $0 $14,030 Fund 4000 - Parking Fund $62,562 $0 $62,562
Fund 4100 - Water Fund $373,073 $0 $373,073
Fund 4210 - Sewer Operations Fund $207,136 $0 $207,136
Fund 4700 - Parks and Recreation Fund $6,085 $0 $6,085
Fund 4890 - Compost Fund $2,640 $0 $2,640
Fund 5230 - Information Technology Fund $1,884,200 $3,307,939 $5,192,139 Fund 5400 - Fleet Management Fund $25,135 $0 $25,135
Fund 5409 - Fleet Management Fleet Replace Fund $41,150 $0 $41,150 Fund 5800 - Building Services Fund $6,580 $0 $6,580
Totals $3,894,994 $5,929,479 $9,824,473
1 #9..
- 99 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: May 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Community & Special Event Sponsorships for FY 2024-2025 CONTACT: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan to promote trust and engagement through collaborating with community and civic organizations.

BACKGROUND:

Community and special events provide quality of life and economic benefits to Modesto. Over the years, many reoccurring events, including the 4th of July, Veteran’s Day, Graffiti Parades, Love Modesto, Music in the Plaza, Rockin’ Holidays, and MoBand Concerts in the Park are proudly supported by the City each year through in-kind donations of staff time, services, fee waivers, and equipment. Similarly, annual financial contributions to Martin Luther King, Jr.

Peace Life, Stanislaus Partners in Education, and King-Kennedy Board of Directors remain ongoing. As a sponsor, the City may receive invitations to be part of the event programming, complimentary event admissions, and acknowledgement through branding on event programs, marketing materials, and media spots.

Each year the City receives more requests for City sponsorship of community and special events. In January 2022, in recognition that City resources may be limited and to ensure support is allocated in a fair and fiscally responsible manner, the City implemented Administrative Directive (AD) Policy Number 3.6 for Community & Special Event Sponsorships (AD 3.6) for the application of new and one-time City sponsorships. Events qualifying for City sponsorship must:
1) Have a cultural, social, educational, economic, or recreational benefit to the community.
#10..
- 100 -
City Council, June 4, 2024
Community & Special Event Sponsorships for FY 24/25

Page 2 of 4 ends

2) Cannot be religious or political in nature or seek to support or oppose any religious or political viewpoint.
3) Held at a City-owned facility, property, or on a City street(s).

In Fiscal Year 2022-2023, the City sponsored 25 events with a combined value of $241,873 in in-kind and monetary contributions. In Fiscal Year 2023-2024, 36 events, with a combined value of $307,413 were sponsored.

DISCUSSION:

From time to time the City reviews AD 3.6 and may make updates to better define the policy, process, and the award of City sponsorships. Recent revisions include the addition of qualifying event criteria and changes in the approval of requests for in-kind support valued at $5,000 or more. To start, the qualifying criteria now requires that all requests be submitted no less than 120 days in advance of the event; the event does not conflict with others on or around that date, the applicant or organization is in good standing; and the applicant or organization has not received a sponsorship from the City within the last twelve months. Secondly, the policy has been amended to approve or deny applications in part or in whole based on the availability of staff, resources, and funding. For example, if an applicant requests the waiver of police permit fees and police staffing at an event, approval of the fee waivers may be granted while the provision of police staffing free of charge may not. Finally, approvals for sponsorships with a cumulative in-kind value of $5,000 or more will now require City Council approval.

At the April Finance Committee Budget Hearings, staff presented a summary of AD 3.6, a review of current sponsorships, and a listing of new (or returning) applications for consideration for FY 24/25. The value of all FY 2024-2025 sponsorships totals $332,703. Sponsorships under the $500 monetary and $5,000 in-kind threshold currently total $25,200 and do not require City Council approval include:
 Asian Youth & Family Cultural Faire
Day
 Graffiti Park & Shine
 Graffiti Walk of Fame
 Health Room Project (New)
 International Festival
 MLK Basketball Tour
 Music in the Plaza
 Rec Fest
 ShadowChase Memorial Classic
 Star Wars Days
 MoPride (New)
With the amendment of AD 3.6, there are 10 events planned in FY 24/25 that received in-kind support from the City in excess of $5,000. The value of these sponsorships is $236,053. Many of these events are long-standing and several are new within the past two years.

In-Kind Support – Cumulative Value of $5,000+
$90,860 Graffiti Classic Car Parade, Northwest Modesto Kiwanis $30,545 4th of July Parade, Northwest Modesto Kiwanis
$28,600 Cinco de Mayo Parade, South Modesto Businesses United $26,603 Veterans Day Parade, Veteran Organizations (local) $15,000 Modesto Sister Cities International (same)
$14,600 MoBand – Concerts in the Park (same)
$10,750 Rockin’ Holidays, Chris Murphy
$ 7,850 MLK Jr. Unity March & Service Event, Silver Squares Lodge #66 $ 5,990 Peace Officers Memorial Run, MPOA
$ 5,255 Juneteenth Walk-A-Thon & Service Event, Silver Squares Lodge #66 #10..
- 101 -
City Council, June 4, 2024
Community & Special Event Sponsorships for FY 24/25

Page 3 of 4 ends

$236,053 TOTAL
Similarly, the City provides monetary sponsorships to multiple organizations for various community outreach and events. Council approval is required for all contributions exceeding $500. At this time, there are a total of 13 events/organizations seeking monetary contributions with a combined total of $71,450.

Monetary Contribution – Over $500
$20,000 10K with a Cop, Project Blue (New)
$ 6,000 Love Modesto, same
$ 6,000 First Fridays, DOMO
$ 6,000 King-Kennedy Memorial Center Community Events, King-Kennedy Memorial Center Board of Directors
$ 5,800 Freedom Fund Banquet and Community Service Award Event, National Association for the Advancement of Colored People – Stanislaus County $ 5,000 Annual MLK Jr. Unity March & Service Event (Silver Squares Lodge #66) (New) $ 5,000 Annual Fundraising Benefit, West Modesto Community Collaborative $ 3,500 MLK Peace Life, PeaceLife Center
$ 3,500 Breakfast with Santa, Parks, Recreation & Neighborhoods (New) $ 3,000 Field of Dream, Miracle League of Stanislaus County $ 2,650 Stanislaus Partners in Education, same
$ 2,500 DOMO Walls, DOMO
$ 2,500 Dia de Los Muertos, Veterans in Community Advocacy $ 71,450 TOTAL
Approval of the above-mentioned sponsorships will be memorialized and attached to Administrative Directive 3.6 for FY 2024-2025. Several applications are currently under review and new requests for FY 2024-2025 are expected. These will be vetted throughout the year and those requiring City Council approval will be scheduled. Requests for sponsorships in the pipeline for FY 2025-2026 will be presented at next year’s Finance Committee Budget Hearings.

Given the increase in requests for City sponsorships, staff will be undertaking a thorough review of our process and current Administrative Directive. We anticipate having this completed in the next fiscal year and brought to Council for final approval.

FISCAL IMPACT:

Monetary and In-Kind support for those events listed above and requiring City Council approval (over $5000 In-Kind and over $500 monetary) impacts various department funds. Other event support, under those thresholds are also budgeted in each department’s operating budget.

Department In-Kind Monetary
Police $162,400 $26,950
Fire $ 73 $ 0
Parks, Recreation & Neighborhoods $ 35,705 $36,000
Public Works $ 27,250 $ 0
City Manager/JPA $ 10,625 $ 8,500
TOTAL $236,053 $71,450
COMMITTEE RECOMMENDATION:
#10..
- 102 -
City Council, June 4, 2024
Community & Special Event Sponsorships for FY 24/25

Page 4 of 4 ends

This item was heard by the Finance Committee as part of the Draft Proposed Fiscal Year 2024- 25 Operating and Multi-Year Budget at the Fiscal Year 2024-2025 Budget Workshops held on April 17, 2024 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025.

Approved by:

Jeremy Rogers, CPRE,
Director of Parks, Recreation & Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Fiscal Year 2024-2025 Sponsorships (DRAFT)

3. Administrative Directive No. 3.6 (DRAFT)
#10..
- 103 -
06-04-2024/PRND/JROGERS 1 2024-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING COMMUNITY AND SPECIAL EVENT
SPONSORSHIPS WITH DIRECT CONTRIBUTIONS OVER $500 AND IN-KIND SUPPORT VALUED AT $5,000 OR MORE FOR FISCAL YEAR 2024-2025 WHEREAS, community and special events provide community and economic benefits to Modesto; and
WHEREAS, each year the City receives more requests for in-kind and direct contribution sponsorships; and
WHEREAS, the City implemented Administrative Directive Policy Number 3.6 (AD 3.6) for Community and Special Event Sponsorships for the application of new and one-time City sponsorships; and
WHEREAS, sponsorship criteria requires events to have a social, educational, economic, or recreational benefit to the community; cannot be religious or political in nature or seek to support or oppose any religious or political viewpoints; are held at a City-owned building, property or street(s); are not less than 120 days from the date of event and does not conflict with other sponsored events on or around that date, and the applicant or organization is in good standing and has not received a sponsorship from the City within the last twelve months; and
WHEREAS, sponsorships are awarded based on the availability of City funding, staffing, and resources; and
WHEREAS, sponsorships may be awarded or denied in whole or in part; and WHEREAS, AD 3.6 requires all requests for in-kind support valued at $5,000 or more be approved by Council; and
#10..
- 104 -
06-04-2024/PRND/JROGERS 2 2024-?
WHEREAS, AD 3.6 requires all requests for monetary contributions over $500 be approved by Council; and
WHEREAS, proposed City-sponsored events planned for Fiscal Year 2024-2025 requesting in-kind support valued at $5,000 or more include:
$90,860 Graffiti Classic Car Parade, Northwest Modesto Kiwanis, $30,545 4th of July Parade, Northwest Modesto Kiwanis,
$28,600 Cinco de Mayo Parade, South Modesto Businesses United, $26,603 Veterans Day Parade, Veteran Organizations (local), $15,000 Modesto Sister Cities International (same),
$14,600 MoBand – Concerts in the Park (same),
$10,750 Rockin’ Holidays, Chris Murphy,
$ 7,850 MLK Jr. Unity March & Service Event, Silver Squares Lodge #66, $ 5,990 Peace Officers Memorial Run, MPOA; and
WHEREAS, proposed City sponsored events planned for Fiscal Year 2024-2025 requested direct contributions include:
$20,000 10K with a Cop, Project Blue (New),
$ 6,000 Love Modesto, same,
$ 6,000 First Fridays, Downtown Modesto Partnership,
$ 6,000 King-Kennedy Memorial Center Community Events, KingKennedy Memorial Center Board of Directors, $ 5,800 Freedom Fund Banquet and Community Service Award Event, National Association for the Advancement of Colored People – Stanislaus County,
#10..
- 105 -
06-04-2024/PRND/JROGERS 3 2024-?
$ 5,000 Annual MLK Jr. Unity March & Service Event (Silver Squares Lodge #66) (New),
$ 5,000 Annual Fundraising Benefit, West Modesto Community Collaborative,
$ 3,500 MLK Peace Life, PeaceLife Center,
$ 3,500 Breakfast with Santa, Parks, Recreation & Neighborhoods (New), $ 3,000 Field of Dream, Miracle League of Stanislaus County, $ 2,650 Stanislaus Partners in Education, same,
$ 2,500 DOMO Walls, Downtown Modesto Partnership,
$ 2,500 Dia de Los Muertos, Veterans in Community Advocacy; and WHEREAS, a review of the requested sponsorships was presented to the Finance Committee as part of the Draft Proposed Fiscal Year 2024-25 Operating and Multi-Year Budget at the Fiscal Year 2024-2025 Budget Workshop held on April 17, 2024, at which the Committee approved the item by a vote of 3 to 0 and forwarded the item to Council for final review and adoption; and
WHEREAS, General Fund funding for City sponsorships is budgeted in various Fiscal Year 2024-2025 department operating budgets.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the following sponsorships with in-kind support valued at $5,000 or more for Fiscal Year 2024-2025, contingent on Council approval of the Fiscal Year 2024-2025 City of Modesto budget.
:
$90,860 Graffiti Classic Car Parade, Northwest Modesto Kiwanis, #10..
- 106 -
06-04-2024/PRND/JROGERS 4 2024-?
$30,545 4th of July Parade, Northwest Modesto Kiwanis,
$28,600 Cinco de Mayo Parade, South Modesto Businesses United, $26,603 Veterans Day Parade, Veteran Organizations (local), $15,000 Modesto Sister Cities International (same),
$14,600 MoBand – Concerts in the Park (same),
$10,750 Rockin’ Holidays, Chris Murphy,
$ 7,850 MLK Jr. Unity March & Service Event, Silver Squares Lodge #66, $ 5,990 Peace Officers Memorial Run, MPOA.

BE IT FURTHER RESOLVED that it hereby approves City sponsorship and direct contributions to the following for Fiscal Year 2024-2025g:
$20,000 10K with a Cop, Project Blue (New),
$ 6,000 Love Modesto, same,
$ 6,000 First Fridays, Downtown Modesto Partnership,
$ 6,000 King-Kennedy Memorial Center Community Events, KingKennedy Memorial Center Board of Directors, $ 5,800 Freedom Fund Banquet and Community Service Award Event, National Association for the Advancement of Colored People – Stanislaus County,
$ 5,000 Annual MLK Jr. Unity March & Service Event (Silver Squares Lodge #66) (New),
$ 5,000 Annual Fundraising Benefit, West Modesto Community Collaborative,
$ 3,500 MLK Peace Life, PeaceLife Center,
#10..
- 107 -
06-04-2024/PRND/JROGERS 5 2024-?
$ 3,500 Breakfast with Santa, Parks, Recreation & Neighborhoods (New), $ 3,000 Field of Dream, Miracle League of Stanislaus County, $ 2,650 Stanislaus Partners in Education, same,
$ 2,500 DOMO Walls, Downtown Modesto Partnership,
$ 2,500 Dia de Los Muertos, Veterans in Community Advocacy. #10..
- 108 -
06-04-2024/PRND/JROGERS 6 2024-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June, 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
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#10..
- 109 -
Event Organization JPA MFD MPD PRN PW CMO Subtotal JPA MFD MPD PRN PW CMO Subtotal TOTAL 1 Graffiti Classic Car Parade North Modesto Kiwanis $ - - $ 70,060 $ $ 20,800 - $ $ 90,860 - $ $ - - $ - $ - $ - $ - $ - $ 90,860 $ 2 4th of July Parade, Picnic, & Festival North Modesto Kiwanis $ 125 $ 25,040 - $ $ 2,500 2,880 $ $ 30,545 - $ $ - - $ - $ - $ - $ - $ - $ 30,545 $ 3 Cinco de Mayo Parade South Modesto United Business $ - - $ 27,500 $ $ 1,100 - $ $ 28,600 - $ $ - - $ - $ - $ - $ - $ - $ 28,600 $ 4 Veterans Day Parade Veteran Organizations $ 73 - $ 25,060 $ $ 750 720 $ $ 26,603 - $ $ - - $ - $ - $ - $ - $ - $ 26,603 $ 5 10K with a Cop Project Blue $ - - $ 1,500 $ $ - - $ - $ 1,500 $ $ - - $ 20,000 $ $ - - $ - $ 20,000 $ 21,500 $ 6 Sister Cities - Modesto Host Events Sister Cities $ - - $ - $ 15,000 $ $ - - $ 15,000 $ $ - - $ - $ - $ - $ - $ - $ 15,000 $ 7 Concerts in the Park (6) MoBand $ - - $ 1,620 $ 12,980 $ $ - - $ 14,600 $ $ - - $ - $ - $ - $ - $ - $ 14,600 $ 8 Annual MLK Jr. Unity March & Community Service Event Silver Squares Lodge #66 $ - - $ 5,560 $ 1,790 $ $ 500 $ 7,850 - $ $ - - $ - $ 5,000 $ $ - - $ 5,000 $ 12,850 $ 9 Rockin' Holidays Chris Murphy /Modesto View $ 10,500 $ - - $ - $ 250 $ $ 10,750 - $ $ - - $ - $ - $ - $ - $ - $ 10,750 $ 10 Love Modesto Love Modesto (2) $ - - $ - $ 3,500 $ $ 500 $ 4,000 - $ $ - - $ - $ - $ - $ 6,000 $ 6,000 $ 10,000 $ 11 First Fridays DOMO $ - - $ - $ - $ - $ - $ - $ - $ - $ 6,000 $ $ - - $ - $ 6,000 $ 6,000 $ 12 MOU Contribution - Multiple Events King Kennedy Memorial Center Board of Directors $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,000 $ $ - - $ 6,000 $ 6,000 $ 13 Memorial Run Peace Office Memorial Group of Stanislaus County $ - - $ 5,540 $ $ 350 100 $ $ 5,990 - $ $ - - $ - $ - $ - $ - $ - $ 5,990 $ 14 Freedom Fund Banquet and Community Service Award Event NAACP $ - - $ - $ - $ - $ - $ - $ - $ - $ 800 $ 5,000 $ $ - - $ 5,800 $ 5,800 $ 15 Juneteenth Celebration Silver Squares Lodge #66 $ - - $ 2,020 $ 2,235 $ 1,000 $ $ 5,255 - $ $ - - $ - $ 500 $ $ - - $ 500 $ 5,755 $ 16 Annual Benefit - Fundraiser West Modesto Community Collaborative $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 5,000 $ $ - - $ 5,000 $ 5,000 $ 17 Dia de Las Muertos Veterans in Community Advocacy (dba American GI Forum) 125 $ $ 40 - $ $ 2,000 - $ $ 2,165 - $ $ - - $ - $ 2,500 $ $ - - $ 2,500 $ 4,665 $ 18 Music in the Plaza 21 days JPA $ 3,675 $ 420 - $ $ - - $ - $ 4,095 $ $ - - $ - $ - $ - $ - $ - $ 4,095 $ 19 MoPride MoPride $ 913 - $ $ 2,619 33 $ $ - - $ 3,565 $ $ - - $ - $ - $ - $ - $ - $ 3,565 $ 20 MLK Peace Life MLK Peace Life $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,500 $ $ - - $ 3,500 $ 3,500 $ 21 Breakfast with Santa City - PRND $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,500 $ $ - - $ 3,500 $ 3,500 $ 22 Field of Dreams Miracle Leage of Stanislaus County $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,000 $ $ - - $ 3,000 $ 3,000 $ 23 Stanislaus Partners in Education Stanislaus Partners in Education $ - - $ - $ - $ - $ - $ - $ - $ - $ 150 $ $ - - $ 2,500 $ 2,650 $ 2,650 $ 24 DOMO Walls DOMO $ - - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,500 $ $ - - $ 2,500 $ 2,500 $ 25 Graffiti Walk of Fame Graffiti Walk of Fame $ 1,125 $ 20 - $ $ 1,000 - $ $ 2,145 - $ $ - - $ - $ - $ - $ - $ - $ 2,145 $ 26 International Festival International Festival Committee $ 195 - $ $ 1,640 20 $ $ - - $ 1,855 $ $ - - $ - $ - $ - $ - $ - $ 1,855 $ 27 Rec Fest Tuolumne River Trust $ - - $ - $ 1,620 $ $ - - $ 1,620 $ $ - - $ - $ - $ - $ - $ - $ 1,620 $ 28 Health Room Project Project Blue $ - - $ 1,500 $ $ - - $ - $ 1,500 $ $ - - $ - $ - $ - $ - $ - $ 1,500 $ 29 Annual MLK Jr. Basketball Tour Hot Wheels Foundation $ - - $ - $ 320 $ $ - - $ 320 $ $ - - $ - $ 500 $ $ - - $ 500 $ 820 $ 30 Graffiti Park & Shine Mid Valley Chevy Car Club $ 125 $ 20 - $ $ 250 - $ $ 395 - $ $ - - $ - $ - $ - $ - $ - $ 395 $ 31 Memorial Classic ShadowChase Running Club $ - - $ 60 $ 300 $ $ - - $ 360 $ $ - - $ - $ - $ - $ - $ - $ 360 $ 32 Asian Youth & Family Cultural Fair Day Stanislaus Asian American Community Resources $ - - $ 20 $ 320 $ $ - - $ 340 $ $ - - $ - $ - $ - $ - $ - $ 340 $ 33 Star Wars Days Chris Murphy / Modesto View $ 300 $ 40 - $ $ - - $ - $ 340 $ $ - - $ - $ - $ - $ - $ - $ 340 $ TOTAL $ 15,975 $ 166,073 1,181 $ $ 31,000 46,024 $ $ 260,253 - $ $ - - $ 26,950 $ 37,000 $ $ 8,500 - $ 72,450 $ 332,703 $ Requires City Council Approval: In-Kind Value of more than $5000+ & Monetary Contributions of more than $500+ New applications in FY 2024-2025 shall be accepted and considered in compliance with Administrative Directive 3.6.

In-Kind estimated based on FY 2024-2025 projections and are subject to change.

Fiscal Year 2024-2025 Sponsorships IN-KIND VALUE ESTIMATES* MONETARY CONTRIBUTIONS Attachment 1
#10..
- 110 -
Revised: 6/4/2024 –
POLICY:

It is the policy of the City of Modesto to sponsor special events that provide a community or economic benefit to the City. Sponsorship is provided through either in-kind services, waiver of fees, and direct financial support.

PURPOSE AND SCOPE:

Each year, the City sponsors several community and special events through in-kind or direct contributions (Attachment 1). This directive and listing of events shall be updated prior to the start of each fiscal year. In recognition that City resources are limited, and to ensure this type of support is allocated in a fair and fiscally responsible manner, the following guidelines and procedures are set forth for the application of new one-time City sponsorships.

Sponsorship Criteria:

1. The event is no less than 120 days from the date of the application and does not conflict with other similar types of sponsored events.

2. The event must have a cultural, social, educational, economic, or recreational benefit to the community.

3. The event cannot be religious or political in nature or seek to support or oppose any religious or political viewpoint.

4. The event must be held at a City owned facility, property, or on a City street(s).

5. The event organizer, organization, or applicant is in good standing and has not received a City sponsorship within the last twelve months.

Definitions:

Sponsorship:

City sponsorship of a community or special event, through in-kind or direct contributions.

In return, the City receives named recognition, acknowledgement, and City branding in special event promotional and programming materials (approved as to form by the Public Relations and Legislative Affairs Manager),and invitation to participate or attend.

Community or Special Event:

Any organized community or special event benefitting the community-at-large, occurring in/on City-owned property or street(s), and where the City is not the primary organizer.

In-Kind Support:

City waiver of all or a portion of facility rentals, public safety/security fees, staffing, and use of City-owned equipment for a community or special event.

CITY OF MODESTO

ADMINISTRATIVE

DIRECTIVE
Original Effective Date: 1/14/2022
Latest Revision Date: 6/4/2024
Policy Number: 3.6
Approved By:
______________________
City Manager
Subject: COMMUNITY & SPECIAL EVENT SPONSORSHIPS
#10..
- 111 -
Direct Contributions:

Direct City financial assistance paid to solidify sponsorship of a community or special event.

Applicant Procedures:

Request Submittals:

1. Community or Special Event Organizer shall submit a Community & Special Events Sponsorship Application (Attachment 2) to the Parks, Recreation and Neighborhoods Department to [email protected] (PRN) no less than 120 days prior to the event.

2. PRN shall review the application for completeness and that it meets the sponsorship criteria requirements. Additional information from the applicant may be requested.

Incomplete applications shall not be considered.

3. PRN shall forward requests to the appropriate City Department Head(s) for consideration based on the type of requests (In-Kind or Monetary).

Determinations:

IN-KIND
a. Requests for in-kind support, with a cumulative value less than $5,000, shall be based on the availability of funding, staffing, and resources. Requests may be approved or denied, in part or in whole, at the discretion of the responsible Department Head(s), or designee(s).
b. Requests for in-kind support, with a cumulative value equal to or greater than $5,000, shall be based on the availability of funding, staffing, and resources.

Requests shall be approved or denied in part or in whole by the City Council. c. Any requests for additional in-kind support, assistance, or services shall not be considered once an application is received, is in the review process, or is approved. All such requests shall be the applicant’s sole responsibility to provide and fund.
d. Requests for events scheduled in the next fiscal year shall be presented to the Finance Committee’s Budget Workshops.

MONETARY
a. Requests equal to or less than $500 shall be based on the availability of funding. Requests may be approved or denied, in part or in whole, at the discretion of the Department Head(s).
b. Requests equal to or more than $500.01 shall be based on the availability of funding and approved or denied in part or in whole by the City Council. c. Requests for events scheduled in the next fiscal year shall be presented to the Finance Committee’s Budget Workshops, and if recommended, shall be forwarded to City Council for approval prior to the start of the next fiscal year. d. Approval of a monetary contribution for events not located at a City owned facility, property, or on a City street(s), may be recommended by the City Manager, or his designee, before being and forwarded to City Council for approval.
#10..
- 112 -
Awards:

1. City shall notify applicant of approval or disapproval of sponsorship.

2. Approved contributions shall be disbursed in accordance with the City’s Purchasing directives and no earlier than ninety (90) days prior to the event. Recipients shall provide City will a receipt noting the City’s contribution, the event, and purpose of the funding.

3. Applicant shall return the full monetary contribution within sixty days of the cancellation of a sponsored event or the postponement the event to the next fiscal year.

4. Applicant shall notify the City within one week of any event cancellation or postponement.

5. Department shall track all requests and awarded sponsorships. #10..
- 113 -
Event Organization JPA MFD MPD PRN PW CMO Subtotal JPA MFD MPD PRN PW CMO Subtotal TOTAL 1 GraffitiClassic CarParade NorthModestoKiwanis - $ - $ 70,060 $ - $ 20,800 $ - $ 90,860 $ - $ - $ - $ - $ - $ - $ - $ 90,860 $ 2 4thof JulyParade,Picnic,&Festival NorthModestoKiwanis 125 $ - $ 25,040 $ 2,880 $ 2,500 $ - $ 30,545 $ - $ - $ - $ - $ - $ - $ - $ 30,545 $3 CincodeMayoParade SouthModestoUnitedBusiness - $ - $ 27,500 $ - $ 1,100 $ - $ 28,600 $ - $ - $ - $ - $ - $ - $ - $ 28,600 $4 VeteransDayParade VeteranOrganizations - $ 73 $ 25,060 $ 720 $ 750 $ - $ 26,603 $ - $ - $ - $ - $ - $ - $ - $ 26,603 $5 10KwithaCop Project Blue - $ - $ 1,500 $ - $ - $ - $ 1,500 $ - $ - $ 20,000 $ - $ - $ - $ 20,000 $ 21,500 $6 SisterCities-ModestoHost Events SisterCities - $ - $ - $ 15,000 $ - $ - $ 15,000 $ - $ - $ - $ - $ - $ - $ - $ 15,000 $ 7 Concerts inthePark(6) MoBand - $ - $ 1,620 $ 12,980 $ - $ - $ 14,600 $ - $ - $ - $ - $ - $ - $ - $ 14,600 $8 Annual MLKJr.UnityMarch&CommunityServiceEvent SilverSquaresLodge#66 - $ - $ 5,560 $ 1,790 $ 500 $ - $ 7,850 $ - $ - $ - $ 5,000 $ - $ - $ 5,000 $ 12,850 $9 Rockin' Holidays ChrisMurphy/ModestoView 10,500 $ - $ - $ - $ 250 $ - $ 10,750 $ - $ - $ - $ - $ - $ - $ - $ 10,750 $ 10 LoveModesto LoveModesto(2) - $ - $ - $ 3,500 $ 500 $ - $ 4,000 $ - $ - $ - $ - $ - $ 6,000 $ 6,000 $ 10,000 $11 First Fridays DOMO - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,000 $ - $ - $ - $ 6,000 $ 6,000 $12 MOUContribution-MultipleEvents KingKennedyMemorial CenterBoardof Directors - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,000 $ - $ - $ 6,000 $ 6,000 $13 M me orial Run PeaceOfficeMemorial Groupof StanislausCounty - $ - $ 5,540 $ 100 $ 350 $ - $ 5,990 $ - $ - $ - $ - $ - $ - $ - $ 5,990 $ 14 FreedomFundBanquet andCommunityServiceAwardEvent NA CP - $ - $ - $ - $ - $ - $ - $ - $ - $ 800 $ 5,000 $ - $ - $ 5,800 $ 5,800 $15 JuneteenthCelebration SilverSquaresLodge#66 - $ - $ 2,020 $ 2,235 $ 1,000 $ - $ 5,255 $ - $ - $ - $ 500 $ - $ - $ 500 $ 5,755 $16 Annual Benefit -Fundraiser West ModestoCommunityCollaborative - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 5,000 $ - $ - $ 5,000 $ 5,000 $17 DiadeLasMuertos VeteransinCommunityAdvocacy(dbaAmericanGIForum) 125 $ - $ 40 $ - $ 2,000 $ - $ 2,165 $ - $ - $ - $ 2,500 $ - $ - $ 2,500 $ 4,665 $18 Music inthePlaza 21days JPA 3,675 $ - $ 420 $ - $ - $ - $ 4,095 $ - $ - $ - $ - $ - $ - $ - $ 4,095 $ 19 MoPride MoPride - $ 913 $ 33 $ 2,619 $ - $ - $ 3,565 $ - $ - $ - $ - $ - $ - $ - $ 3,565 $20 MLKPeaceLife MLKPeaceLife - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,500 $ - $ - $ 3,500 $ 3,500 $21 Breakfast withSanta City-PRND - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,500 $ - $ - $ 3,500 $ 3,500 $22 Fieldof Dreams MiracleLeageof StanislausCounty - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,000 $ - $ - $ 3,000 $ 3,000 $23 StanislausPartners inEducation StanislausPartnersinEducation - $ - $ - $ - $ - $ - $ - $ - $ - $ 150 $ - $ - $ 2,500 $ 2,650 $ 2,650 $24 DOMOWalls DOMO - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,500 $ - $ - $ 2,500 $ 2,500 $ 25 GraffitiWalkof Fame GraffitiWalkof Fame 1,125 $ - $ 20 $ - $ 1,000 $ - $ 2,145 $ - $ - $ - $ - $ - $ - $ - $ 2,145 $26 International Festival International Festival Committee - $ 195 $ 20 $ 1,640 $ - $ - $ 1,855 $ - $ - $ - $ - $ - $ - $ - $ 1,855 $27 Rec Fest TuolumneRiverTrust - $ - $ - $ 1,620 $ - $ - $ 1,620 $ - $ - $ - $ - $ - $ - $ - $ 1,620 $28 HealthRoomProject Project Blue - $ - $ 1,500 $ - $ - $ - $ 1,500 $ - $ - $ - $ - $ - $ - $ - $ 1,500 $29 Annual MLKJr.Basketball Tour Hot WheelsFoundation - $ - $ - $ 320 $ - $ - $ 320 $ - $ - $ - $ 500 $ - $ - $ 500 $ 820 $30 GraffitiPark&Shine MidValleyChevyCarClub 125 $ - $ 20 $ - $ 250 $ - $ 395 $ - $ - $ - $ - $ - $ - $ - $ 395 $ 31 Memorial Classic ShadowChaseRunningClub - $ - $ 60 $ 300 $ - $ - $ 360 $ - $ - $ - $ - $ - $ - $ - $ 360 $32 AsianYouth&FamilyCultural FairDay StanislausAsianAmericanCommunityResources - $ - $ 20 $ 320 $ - $ - $ 340 $ - $ - $ - $ - $ - $ - $ - $ 340 $33 StarWarsDays ChrisMurphy/ ModestoView 300 $ - $ 40 $ - $ - $ - $ 340 $ - $ - $ - $ - $ - $ - $ - $ 340 $ TOTAL 15,975 $ 1,181 $ 166,073 $ 46,024 $ 31,000 $ - $ 260,253 $ - $ - $ 26,950 $ 37,000 $ - $ 8,500 $ 72,450 $ 332,703 $ Requires City Council Approval: In-Kind Value of more than $5000+ & Monetary Contributions of more than $500+ NewapplicationsinFY2024-2025shall beacceptedandconsideredincompliancewithAdministrativeDirective3.6. In-KindestimatedbasedonFY2024-2025projectionsandaresubject tochange. IN-KIND VALUE ESTIMATES* MONETARY CONTRIBUTIONS Fiscal Year 2024-2025 Sponsorships Attachment 1
#10..
- 114 -
COMMUNITY & SPECIAL EVENTS SPONSORSHIP APPLICATION (Revised 6/2024) Applications for City of Modesto sponsorship of new or returning community and special events will be considered based the following: 1) the application is deemed complete 2) event meets sponsorship criteria, and 3) the availability of City resources or funding.

Sponsorship Criteria:

1. The event is no less than 120 days from the date of the application and does not conflict with other similar types of sponsored events.

2. The event must have a cultural, social, educational, economic, or recreational benefit to the community.

3. The event cannot be religious or political in nature or seek to support or oppose any religious or political viewpoint.

4. The event must be held at a City owned facility, property, or on a City street(s).

5. The event organizer, organization, or applicant is in good standing and has not received a City sponsorship within the last twelve months.

Definitions:

Sponsorship:

City sponsorship of a community or special event, through in-kind or direct contributions.

Community or Special Event:

Any organized community or special event benefitting the community-at-large, occurring in/on City-owned property or street(s), and where the City is not the primary organizer.

In-Kind Support:

City waiver of all or a portion of facility rentals, public safety/security fees, staffing, and use of City-owned equipment for a community or special event.

Direct Contributions:

Direct City financial assistance paid to solidify sponsorship of a community or special event.

Applicant Procedures:

Request Submittals:

1. Community or Special Event Organizer shall submit a Community & Special Events Sponsorship Application to the Parks, Recreation and Neighborhoods Department to [email protected] (PRN) no less than 120 days prior to the event.

2. PRN shall review the application for completeness and that it meets the sponsorship criteria requirements. Additional information from the applicant may be requested.

Incomplete applications shall not be considered.

3. PRN shall forward requests to the appropriate City Department Head(s) for consideration based on the type of requests (In-Kind or Monetary). #10..
- 115 -
Determinations:

IN-KIND

1. Requests for in-kind support, with a cumulative value less than $5,000, shall be based on the availability of funding, staffing, and resources. Requests may be approved or denied, in part or in whole, at the discretion of the responsible Department Head(s), or designee(s).

2. Requests for in-kind support, with a cumulative value equal to or greater than $5,000, shall be based on the availability of funding, staffing, and resources.

Requests shall be approved or denied in part or in whole by the City Council.

3. Any requests for additional in-kind support, assistance, or services shall not be considered once an application is received, is in the review process, or is approved. All such requests shall be the applicant’s sole responsibility to provide and fund.

4. Requests for events scheduled in the next fiscal year shall be presented to the Finance Committee’s Budget Workshops.

MONETARY

1. Requests equal to or less than $500 shall be based on the availability of funding.

Requests may be approved or denied, in part or in whole, at the discretion of the Department Head(s).

2. Requests equal to or more than $500.01 shall be based on the availability of funding and approved or denied in part or in whole by the City Council.

3. Requests for events scheduled in the next fiscal year shall be presented to the Finance Committee’s Budget Workshops, and if recommended, shall be forwarded to City Council for approval prior to the start of the next fiscal year.

4. Approval of a monetary contribution for events not located at a City owned facility, property, or on a City street(s), may be recommended by the City Manager, or his designee, before being and forwarded to City Council for approval.

Awards:

1. City shall notify applicant of approval or disapproval of sponsorship.

3. Applicant shall return the full monetary contribution within sixty days of the cancellation of a sponsored event or the postponement the event to the next fiscal year.

4. Applicant shall notify the City within one week of any event cancellation or postponement.

5. Department shall track all requests and awarded sponsorships. #10..
- 116 -
Applicant Name:

Organization:  For Profit
 Non-Profit
(Copy of 501c3 required)
Contact – Day of Event:

Phone: Alt. Phone:

Email:

Street Address:

City: State: ZIP
Event Date(s) – Must be no less than 120 days from the date the application is submitted.

Event Location(s)
Pre-Event Arrival Time: Post Event Departure Time:

Event Start Time: Event End Time:

Event Title: Estimated Attendance:

Event Category: (Check all that apply)
 Race / Relay
 Walk / Walk-A-Thon
 Marathon
 Cross-County Meet
 Cycling
 Sports
 Cause / Awareness
 Parade
 Car Show / Cruise
 Food Festival
 Pop Up
 Concert /Music
 Craft/Vendor Faire
 Fundraiser
 Arts or Cultural
 Ceremony / Celebration
 Concert
 Community Event
 Religious Event
 Gala / Party
 Company Event/Picnic
 Theater/Movie
 Pop-Up
 Other_______________________________
#10..
- 117 -
Event Summary (full description of event)
What is the budget for this event?
How will this event benefit the community?
How will this event be promoted?
How will the City’s sponsorship be recognized in event promotions, publications and event day participation, programming, and activities?
What other organizations will be sponsoring this event? Is so, please list names and their planned contributions.
#10..
- 118 -
Describe your organization; its mission, vision, and history.

Request for Monetary Contribution (all over $500 require City Council approval).

Category Amount % to
Event Budget
Planned Use of
Sponsorship Funding
 ≤ $500 $
 >
$500 ∗
$
#10..
- 119 -
Requests for IN-KIND Sponsorship (Check all that apply) – Cumulative value over $5,000 requires City Council approval.

XX Department Type Description Value(
Office
Use Only
Police Fee Waiver Sound Permit
Police Fee Waiver Street/Sidewalk Closure Permit
Police Fee Wavier Parade Permit
Police Police Services Park Rangers
Police Police Services Vehicle/Motorcycle Escort
Police Police Service Equestrian Unit
Police Police Services Street/Route Closure – Barrier Set Up & Removal Police Police Services Traffic Control
Police Police Services Mascots
Police Police Service Tactical Display (Armadillo / SWAT / Command Center)
Police Police Services Special Request:

Fire Fee Waiver Tent Permit & Inspection Fees
Fire Fee Waiver Food Vendor Liquid Propane Permit & Inspection Fees
Fire Fire Services Tactical Display (Vehicle / Apparatus / Flag) Fire Fire Services Vehicle Escort
Fire Fire Services Special Request:

Finance License Fee Special Event Itinerant Business License Public Works Fee Waiver Parking Fees
Public Works Street Services Event Preparation
Public Works Street Services Street Cleaning – Pre-Event Public Works Street Services Street Cleaning – Post Event Public Works Solid Waste
Services
Recycling Support
Public Works Solid Waste
Services
Recycling Mascots
Parks Fee Waiver Facility:

Parks Fee Waiver Park:

Parks Fee Waiver Permit Food Trucks in/around Parks
Parks Park Services Restroom Services
Parks Park Services Trash Cans
Parks Park Services Facility Staffing
Parks Park Services Event/Route Preparation
Parks Parks Services Special Requests
City Manager Fee Waiver Tenth Street Plaza Rental
City Manager Fee Waiver Tenth Street Plaza Rental - Podium / Microphone /Power
City Manager Fee Waiver Tenth Street Plaza Rental – Chairs, Tables, & Equipment
Finance Fee Waiver Special Event Itinerant Business License CEDD Fee Wavier Entertainment Permit
CEDD Fee Waiver Entertainment Permit – Process Assistance Other
#10..
- 120 -
Other
SUBMITTALS:

Applications may be submitted:

In Person: By Mail:

City of Modesto City of Modesto
Parks, Recreation & Neighborhoods Parks, Recreation &
Neighborhoods
1010 Tenth Street, Suite 4400 P.O. Box 642
Modesto, CA 95354 Modesto, CA 95353
Via Email: Via Facsimile:
[email protected] (209) 342-4705
ACKNOWLEDGEMENT:

I understand and declare the above stated information is true and correct to the best of my knowledge. I further understand that as the applicant and/or event representative, I will handle all non-sponsored financial obligations, will be compliant with all city, state, and local requirements, be present at the event, and attend all meetings and site visits at the request of the City of Modesto
_________________________________________________________________________ Signature Date
#10..
- 121 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 4, 2024
Date: May 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Award Construction Contract for Mary E. Grogan Community Park, Phase 2 Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $4,850,581. (Funding Source: Parks CFF Fund, Parks & Air Quality CFF Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

Mary E. Grogan Park is a 43-acre master planned Community Park that is located on Cityowned property in the Village One Community Planning Area, in northeast Modesto. The park was master planned in 2004. In 2011, the Master Plan was updated to include a police precinct and fire station into the park design.

In Phase 1, approximately twenty-eight (28) acres of the Community Park were constructed, which included seven (7) lighted soccer fields enclosed with a perimeter fence and gates, of which three (3) are synthetic turf fields. These three (3) synthetic turfs fields are heavily utilized throughout the year for various local and regional soccer tournaments, as well as seasonal youth soccer leagues. The sports complex is the largest of its kind in Modesto and hosts several regional soccer tournaments annually.

Phase 2 is a 9-acre continuation of the updated master plan. The project site is located on the northwest corner of Sylvan Avenue and Litt Road, and adjacent to Enoch’s High School and will include the installation of a new irrigation system, landscape, drainage, hardscapes, lighting, security cameras, a three (3) stall bathroom building, shade structure, metal arbor structure, site furnishings, playground, and a cricket pitch.
#11..
- 122 -
City Council, June 4, 2024
Award Construction Contract for Mary E. Grogan Community Park, Phase 2 Project

Page 2 of 4 ends

DISCUSSION:

The project was advertised for bids on March 27, 2024. Bids were publicly opened on April 30, 2024, pursuant to City Charter Section 1307, and three bids were received. George Reed, Inc., of Modesto, CA., was determined to be the responsible bidder with the lowest responsive bid.

The bid tabulation is attached, and a summary of the bids is below:

The bid analysis is:

Number of bids received 3
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 0
Percent low bid is above the engineer’s estimate 8.52%
George Reed, Inc. of Modesto, CA, was 8.52% above the engineer’s estimate. The next lowest bid was 11.84% above the engineer’s estimate. The highest bid was 31.07% above the engineer’s estimate. Bidder competition and participation was evident as the City received three bids.

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. The award of contract for the construction of the Mary E. Grogan Community Park, Phase 2 Project, to George Reed, Inc., of Modesto, CA, conforms to Modesto Municipal Code, 8-3.203. Therefore, staff recommends awarding the contract to George Reed, Inc., of Modesto, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 2023-405 on September 12, 2023, established a contract change order authority of 10% for construction contracts up to $10,000,000. Due to funding availability and the simplicity of the project staff is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($359,302) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #101017 (Mary Grogan Park – Phase 2). The project will require a budget adjustment allocating an additional $1,666,233 of Parks & Air Quality CFF Fund to fully fund the project. The project’s revenue and expense budget shall be as outlined below:
#11..
- 123 -
City Council, June 4, 2024
Award Construction Contract for Mary E. Grogan Community Park, Phase 2 Project

Page 3 of 4 ends

Funding Sources
Parks CFF Fund $ 2,963,588
Parks & Air Quality CFF Fund $1,000,000
Additional Parks & Air Quality CFF Fund $ 1,666,233
Total Cost $ 5,629,821
Project Budget
Construction $ 4,491,278
Construction Contingency (8%) $ 359,303
Construction Administration – City Staff (8%) $ 359,302 Bid/Design Support During Construction (2%) $ 89,826
Engineering/Design/Admin (previously spent/committed) $ 330,113 Total Cost $ 5,629,821
COMMITTEE RECOMMENDATION:

On April 15, 2024, this project was one of several park construction projects presented to the Safety & Communities Committee for consideration to minimize the time between bidding and Council award. The Committee approved the item to be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

The project scope is consistent with the Mary E. Grogan Community Park Master Plan - Finding of Conformance with the General Plan Master Environmental Impact Report adopted in 2011 (C&ED No. EA/PR&N 2011-03).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279, plus $359,302, in contingency (if needed), for a total payment amount not to exceed $4,850,581 and authorizing the City Manager, or his designee, to execute the contract.

Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101017 (Mary Grogan Park – Phase 2) in an amount of $1,666,233 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
#11..
- 124 -
City Council, June 4, 2024
Award Construction Contract for Mary E. Grogan Community Park, Phase 2 Project

Page 4 of 4 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution for Construction Contract – George Reed, Inc.

2. Resolution amending budget for FY23/24 for project #101061

3. Agreement – George Reed, Inc.

4. Bid Tabulation

5. Financial Interest Disclosure Form
#11..
- 125 -
06/04/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE MARY E. GROGAN COMMUNITY PARK, PHASE 2 PROJECT, ACCPETING

THE BID AND AWARDING A CONSTRUCTION CONTRACT TO GEORGE
REED, INC., OF MODESTO, CA, IN THE AMOUNT OF $4,491,279, PLUS $359,302, IN CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $4,850,581 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE CONTRACT
WHEREAS, Mary E. Grogan Park is a 43-acre master planned Community Park that is located on City-owned property in the Village One Community Planning Area, in northeast Modesto; and
WHEREAS, in Phase 1, approximately twenty-eight (28) acres of the Community Park were constructed, which included seven (7) lighted soccer fields enclosed with a perimeter fence and gates, of which three (3) are synthetic turf fields; and WHEREAS, Phase 2 is a 9-acre continuation of the updated master plan and is located on the northwest corner of Sylvan Avenue and Litt Road, and adjacent to Enochs High School; and
WHEREAS, the project will include the installation of a new irrigation system, landscape, drainage, hardscapes, lighting, security cameras, a three (3) stall bathroom building, shade structure, metal arbor structure, site furnishings, playground, and cricket pitch; and
WHEREAS, the project was advertised for bids on March 27, 2024; and WHEREAS, bids were publicly opened on April 30, 2024, pursuant to City Charter Section 1307, and three bids were received; and WHEREAS, George Reed, Inc., of Modesto, CA, was determined to be the responsible bidder with the lowest responsive bid; and
#11..
- 126 -
06/04/2024/PRN/NHoux/Item XX 2 2024-XX
WHEREAS, 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; and
WHEREAS, the award of contract for the construction of the Mary E. Grogan Community Park, Phase 2 Project, to George Reed, Inc., of Modesto, CA, conforms to Modesto Municipal Code, 8-3.203; and
WHEREAS, staff recommends awarding the contract to George Reed, Inc., of Modesto, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepts the Bid, and awards a construction contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279 plus $359,302 in contingency (if needed), for a total amount not to exceed $4,850,581.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #11..
- 127 -
06/04/2024/PRN/NHoux/Item XX 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June 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
#11..
- 128 -
06/04/2024/PRN/NHoux/Item XX 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #101017 (MARY GROGAN PARK – PHASE 2) IN AN AMOUNT NOT TO EXCEED $1,666,233 IN

TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND THE

PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the City, under Project number 10107, will work Phase 2 of Mary E.

Grogan Park, which includes the installation of a new irrigation system, landscape, drainage, hardscapes, lighting, security cameras, a three (3) stall bathroom building, shade structure, metal arbor structure, site furnishings, playground, and a cricket pitch; and
WHEREAS, Parks & Air Quality Capital Facility Fund (CFF) funding of $1,666,233 must be allocated to fund a portion of the project; and WHEREAS, the Fiscal Year 2023-2024 Capital Improvement Budget must be amended to increase Project 101017 – Mary Grogan Park – Phase 2 in a total amount of $1,666,233 to establish transfers, recognize revenue, and increase expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund project 101017 (Mary Grogan Park – Phase 2) in an amount not to exceed $1,666,233 in transfers, revenue and to budget expenditures to fund the project.

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. #11..
- 129 -
06/04/2024/PRN/NHoux/Item XX 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of June 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
#11..
- 130 -
A-1 City of Modesto
Mary E. Grogan Community Park – Phase 2

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 4th day of June, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and George Reed, Inc., a California corporation, hereinafter called Contractor,
R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation & Neighborhoods Department for the MARY E. GROGAN COMMUNITY PARK – PHASE 2 project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 30th day of April 2024; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 4th day of June, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.

NOW, THEREFORE, the parties hereto mutually agree as follows:
#11..
- 131 -
A-2 City of Modesto
Mary E. Grogan Community Park – Phase 2

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled MARY E.

GROGAN COMMUNITY PARK – PHASE 2, City of Modesto, Parks, Recreation & Neighborhoods Department, Project Number 2024-09, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
1 Mobilization and Demobilization (Max
5%) LS 1 $135,000.00 $135,000.00
2 Site Clearing / Demolition LS 1 $70,000.00 $70,000.00 3 Site Grading (Rough / Fine) and Earth
Moving SF 349,101 $1.00 $349,101.00
4 Stormwater Pollution Prevention Plan
(SWPPP) LS 1 $75,000.00 $75,000.00
#11..
- 132 -
A-3 City of Modesto
Mary E. Grogan Community Park – Phase 2
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
5 Temporary Construction Fencing LS 1 $28,000.00 $28,000.00 6 Temporary Tree Protection LS 1 $3,500.00 $3,500.00
7 Storm Drain Inlet 12”x12” (Pre-Cast) EA 17 $2,700.00 $45,900.00 8 Storm Drain Inlet 12”x12” (NDS) EA 5 $630.00 $3,150.00 9 Storm Drain Outlet at Drainage Swale EA 5 $130.00 $650.00 10 Storm Drain Manhole EA 2 $5,100.00 $10,200.00
11 6” Storm Drain Line LF 166 $57.00 $9,462.00
12 8” Storm Drain Line LF 1,082 $59.00 $63,838.00
13 12” Storm Drain Line LF 80 $83.00 $6,640.00
14 Sanitary Sewer Manhole EA 2 $6,300.00 $12,600.00
15 Sanitary Sewer Cleanout EA 1 $1,000.00 $1,000.00
16 8” Sanitary Sewer Line LF 429 $80.00 $34,320.00
17 4” Water Line with Thrust Blocks and
Gate Valve LF 468 $82.00 $38,376.00
18 1-1/2” Water Line LF 44 $56.00 $2,464.00
19 Security Camera EA 2 $19,000.00 $38,000.00
20 Park Path Light – Perimeter Pathway EA 7 $7,350.00 $51,450.00 21 Park Path Light – Playground EA 4 $6,600.00 $26,400.00 22 Conduit, Wire, and Pull Boxes LS 1 $105,000.00 $105,000.00 23 4” Concrete Flatwork SF 4,400 $24.00 $105,600.00
24 6” Concrete Flatwork SF 11,198 $40.00 $447,920.00
25 Monolithic Playground Edge LF 658 $41.00 $26,978.00
26 12” Concrete Mow Strip LF 248 $25.00 $6,200.00
27 Playground Entry Ramp EA 2 $5,700.00 $11,400.00
28 Playground Surfacing (Engineered Wood
Fiber) SF 12,396 $2.80 $34,708.80
29 Asphalt Patch SF 65 $100.00 $6,500.00
30 Vertical Curb at Sidewalk LF 34 $40.00 $1,360.00
31 Entry Monument LS 1 $250,000.00 $250,000.00
32 Tubular Steel Fencing LF 248 $175.00 $43,400.00
33 Bench EA 12 $2,500.00 $30,000.00
#11..
- 133 -
A-4 City of Modesto
Mary E. Grogan Community Park – Phase 2
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
34 Trash / Recycle Receptacle EA 6 $2,500.00 $15,000.00 35 Drinking Fountain EA 1 $7,400.00 $7,400.00
36 Bike Rack EA 2 $1,600.00 $3,200.00
37 Pressure Treated Header Board LF 554 $25.00 $13,850.00 38 Playground Equipment LS 1 $750,000.00 $750,000.00
39 Soil Conditioning & Amendments SF 332,769 $0.38 $126,452.22 40 Turf Hydroseed SF 325,672 $0.18 $58,620.96
41 1 Gallon Shrub EA 578 $20.25 $11,704.50
42 5 Gallon Shrub EA 58 $42.50 $2,465.00
43 15 Gallon Tree EA 34 $214.00 $7,276.00
44 Root Barrier LF 210 $14.00 $2,940.00
45 Mulch SF 7,097 $0.70 $4,967.90
46 Irrigation System LS 1 $283,000.00 $283,000.00
47 Maintenance (120 Days) LS 1 $45,500.00 $45,500.00
TOTAL BASE BID $3,406,494.38
BID ALTERNATE 1 – SHADE STRUCTURE AND PICNIC AREA
101 Soil Conditioning & Amendments SF -4,224 $0.35 -$1,478.40 102 Turf Hydroseed SF -4,224 $0.15 -$633.60
103 Irrigation System LS -1 $3,600.00 -$3,600.00
104 Shade Structure EA 1 $440,000.00 $440,000.00
105 Shade Structure Lighting, Conduit and
Wire(s) LS 1 $2,100.00 $2,100.00
106 Picnic Table EA 24 $1,650.00 $39,600.00
107 BBQ Service Table EA 2 $1,450.00 $2,900.00
108 BBQ EA 2 $1,250.00 $2,500.00
109 Trash / Recycle Receptacle EA 4 $1,950.00 $7,800.00 110 4” Concrete Flatwork SF 4,224 $25.00 $105,600.00
TOTAL BID ALTERNATE 1 $594,788.00
BID ALTERNATE 3 - CRICKET PITCH
301 Soil Conditioning & Amendments SF -900 $0.35 -$315.00 302 Turf Hydroseed SF -900 $0.15 -$135.00
#11..
- 134 -
A-5 City of Modesto
Mary E. Grogan Community Park – Phase 2
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
303 Irrigation System LS -1 $750.00 -$750.00
304 4” Concrete Flatwork with Track
Surfacing SF 900 $54.00 $48,600.00
BID ALTERNATE 3 $47,400.00
BID ALTERNATE 4 - TRAIL LIGHTING
401 Site Clearing / Demolition LS 1 $13,000.00 $13,000.00 402 Site Grading (Rough / Fine) and Earth
Moving SF 68 $200.00 $13,600.00
403 Park Path Light – Perimeter Pathway EA 5 $7,350.00 $36,750.00 404 Conduit, Wire, and Pull Boxes LS 1 $23,000.00 $23,000.00 405 4” Concrete Flatwork SF 68 $25.00 $1,700.00
BID ALTERNATE 4 $88,050.00
BID ALTERNATE 6 – RESTROOM
601 Soil Conditioning & Amendments SF -760 $0.35 -$266.00 602 Turf Hydroseed SF -760 $0.15 -$114.00
603 Irrigation System LS -1 $700.00 -$700.00
604 Restroom Base Prep LS 1 $25,000.00 $25,000.00
605 8” Sanitary Sewer Line LF 18 $110.00 $1,980.00
606 Restroom Conduit and Wire LS 1 $14,250.00 $14,250.00 607 3 Stall Restroom LS 1 $230,000.00 $230,000.00
608 4” Concrete Flatwork SF 532 $22.00 $11,704.00
TOTAL BID ALTERNATE 6 $281,854.00
BID ALTERNATE 7 - STORAGE CONTAINER
701 Site Clearing / Demolition LS 1 $11,000.00 $11,000.00 702 Site Grading (Rough / Fine) and Earth
Moving SF 813 $5.00 $4,065.00
703 8’ Tall Chain Link Fence LF 81 $115.00 $9,315.00
704 8’x8’ Chain Link Gate EA 1 $2,800.00 $2,800.00
705 8’x15’ Chain Link Gate EA 1 $3,000.00 $3,000.00
706 4” Concrete Flatwork SF 813 $24.00 $19,512.00
707 Storage Container EA 2 $7,500.00 $15,000.00
#11..
- 135 -
A-6 City of Modesto
Mary E. Grogan Community Park – Phase 2
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
708 Storage Container Lighting, Conduit, and
Wire LS 1 $8,000.00 $8,000.00
TOTAL BID ALTERNATE 7 $72,692.00
TOTAL BASE BID AND BID ALTERNATES 1, 3, 4, 6, & 7 $4,491,278.38

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
#11..
- 136 -
A-7 City of Modesto
Mary E. Grogan Community Park – Phase 2

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence #11..
- 137 -
A-8 City of Modesto
Mary E. Grogan Community Park – Phase 2
or willful misconduct of the City, or (b) the active negligence of the City.

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

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
#11..
- 138 -
A-9 City of Modesto
Mary E. Grogan Community Park – Phase 2

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General #11..
- 139 -
A-10 City of Modesto
Mary E. Grogan Community Park – Phase 2
liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or #11..
- 140 -
A-11 City of Modesto
Mary E. Grogan Community Park – Phase 2
start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must be
submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

I. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Engineering Services within #11..
- 141 -
A-12 City of Modesto
Mary E. Grogan Community Park – Phase 2
5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
#11..
- 142 -
A-13 City of Modesto
Mary E. Grogan Community Park – Phase 2
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

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

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were #11..
- 143 -
A-14 City of Modesto
Mary E. Grogan Community Park – Phase 2
performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its #11..
- 144 -
A-15 City of Modesto
Mary E. Grogan Community Park – Phase 2
discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under #11..
- 145 -
A-16 City of Modesto
Mary E. Grogan Community Park – Phase 2
the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.

C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City #11..
- 146 -
A-17 City of Modesto
Mary E. Grogan Community Park – Phase 2
Manager, or his/her designee.

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

Contractor: George Reed, Inc.

Attn: Rosie R. Martinez, Secretary
P.O. Box 4760
Modesto, CA 95352
Phone (209) 523-0734, Fax (209) 523-4313

City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-4302

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally #11..
- 147 -
A-18 City of Modesto
Mary E. Grogan Community Park – Phase 2
resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #11..
- 148 -
#11..
- 149 -

Page 1 of 8 ends

Mary E. Grogan Community Park - Phase 2
Bid Tabulation Thursday, May 2, 2024
Project Title: Mary E. Grogan Community Park - Phase 2
Project ID #: 2024-09
Vault ID #: 19-D-0387
Account #: 101017
Bid Opening: 4/30/2024 at 11:00 AM Designer: O'Dell Engineering Basis of Award: By Blind Bid Design Manager: Joel Bueno Project Description: Installation of new irrigation system, landscape, drainage, hardscapes, lighting, security cameras, bathroom building, shade structures, metal arbor structure, site furnishings, and playgrounds.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
George Reed, Inc.
(209) 523-0734, Fax (209) 523-4927 P.O. Box 4760 Modesto CA 95352 Base Bid
1 Mobilization and Demobilization (Max 5%) LS 1 $135,000.00 $135,000.00 2 Site Clearing / Demolition LS 1 $70,000.00 $70,000.00 3 Site Grading (Rough / Fine) and Earth Moving SF 349,101 $1.00 $349,101.00 4 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $75,000.00 $75,000.00 5 Temporary Construction Fencing LS 1 $28,000.00 $28,000.00 6 Temporary Tree Protection LS 1 $3,500.00 $3,500.00
7 Storm Drain Inlet 12”x12” (Pre-Cast) EA 17 $2,700.00 $45,900.00 8 Storm Drain Inlet 12”x12” (NDS) EA 5 $630.00 $3,150.00 9 Storm Drain Outlet at Drainage Swale EA 5 $130.00 $650.00 10 Storm Drain Manhole EA 2 $5,100.00 $10,200.00
11 6” Storm Drain Line LF 166 $57.00 $9,462.00
12 8” Storm Drain Line LF 1,082 $59.00 $63,838.00
13 12” Storm Drain Line LF 80 $83.00 $6,640.00
14 Sanitary Sewer Manhole EA 2 $6,300.00 $12,600.00
15 Sanitary Sewer Cleanout EA 1 $1,000.00 $1,000.00
16 8” Sanitary Sewer Line LF 429 $80.00 $34,320.00
17 4” Water Line with Thrust Blocks and Gate Valve LF 468 $82.00 $38,376.00 18 1-1/2” Water Line LF 44 $56.00 $2,464.00
19 Security Camera EA 2 $19,000.00 $38,000.00
20 Park Path Light – Perimeter Pathway EA 7 $7,350.00 $51,450.00 21 Park Path Light – Playground EA 4 $6,600.00 $26,400.00 22 Conduit, Wire, and Pull Boxes LS 1 $105,000.00 $105,000.00 23 4” Concrete Flatwork SF 4,400 $24.00 $105,600.00
24 6” Concrete Flatwork SF 11,198 $40.00 $447,920.00
25 Monolithic Playground Edge LF 658 $41.00 $26,978.00
26 12” Concrete Mow Strip LF 248 $25.00 $6,200.00
27 Playground Entry Ramp EA 2 $5,700.00 $11,400.00
28 Playground Surfacing (Engineered Wood Fiber) SF 12,396 $2.80 $34,708.80 29 Asphalt Patch SF 65 $100.00 $6,500.00
30 Vertical Curb at Sidewalk LF 34 $40.00 $1,360.00
31 Entry Monument LS 1 $250,000.00 $250,000.00
32 Tubular Steel Fencing LF 248 $175.00 $43,400.00
33 Bench EA 12 $2,500.00 $30,000.00
34 Trash / Recycle Receptacle EA 6 $2,500.00 $15,000.00 35 Drinking Fountain EA 1 $7,400.00 $7,400.00
36 Bike Rack EA 2 $1,600.00 $3,200.00
#11..
- 150 -

Page 2 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension 37 Pressure Treated Header Board LF 554 $25.00 $13,850.00 38 Playground Equipment LS 1 $750,000.00 $750,000.00
39 Soil Conditioning & Amendments SF 332,769 $0.38 $126,452.22 40 Turf Hydroseed SF 325,672 $0.18 $58,620.96
41 1 Gallon Shrub EA 578 $20.25 $11,704.50
42 5 Gallon Shrub EA 58 $42.50 $2,465.00
43 15 Gallon Tree EA 34 $214.00 $7,276.00
44 Root Barrier LF 210 $14.00 $2,940.00
45 Mulch SF 7,097 $0.70 $4,967.90
46 Irrigation System LS 1 $283,000.00 $283,000.00
47 Maintenance (120 Days) LS 1 $45,500.00 $45,500.00
Subtotal: $3,406,494.38
Bid Alternate 1
101 Soil Conditioning & Amendments SF -4,224 $0.35 ($1,478.40) 102 Turf Hydroseed SF -4,224 $0.15 ($633.60)
103 Irrigation System LS -1 $3,600.00 ($3,600.00)
104 Shade Structure EA 1 $440,000.00 $440,000.00
105 Shade Structure Lighting, Conduit and Wire(s) LS 1 $2,100.00 $2,100.00 106 Picnic Table EA 24 $1,650.00 $39,600.00
107 BBQ Service Table EA 2 $1,450.00 $2,900.00
108 BBQ EA 2 $1,250.00 $2,500.00
109 Trash / Recycle Receptacle EA 4 $1,950.00 $7,800.00 110 4” Concrete Flatwork SF 4,224 $25.00 $105,600.00
Subtotal: $594,788.00
Bid Alternate 3
301 Soil Conditioning & Amendments SF -900 $0.35 ($315.00) 302 Turf Hydroseed SF -900 $0.15 ($135.00)
303 Irrigation System LS -1 $750.00 ($750.00)
304 4” Concrete Flatwork with Track Surfacing SF 900 $54.00 $48,600.00 Subtotal: $47,400.00
Bid Alternate 4
401 Site Clearing / Demolition LS 1 $13,000.00 $13,000.00 402 Site Grading (Rough / Fine) and Earth Moving SF 68 $200.00 $13,600.00 403 Park Path Light – Perimeter Pathway EA 5 $7,350.00 $36,750.00 404 Conduit, Wire, and Pull Boxes LS 1 $23,000.00 $23,000.00 405 4” Concrete Flatwork SF 68 $25.00 $1,700.00
Subtotal: $88,050.00
Bid Alternate 6
601 Soil Conditioning & Amendments SF -760 $0.35 ($266.00) 602 Turf Hydroseed SF -760 $0.15 ($114.00)
603 Irrigation System LS -1 $700.00 ($700.00)
604 Restroom Base Prep LS 1 $25,000.00 $25,000.00
605 8” Sanitary Sewer Line LF 18 $110.00 $1,980.00
606 Restroom Conduit and Wire LS 1 $14,250.00 $14,250.00 607 3 Stall Restroom LS 1 $230,000.00 $230,000.00
608 4” Concrete Flatwork SF 532 $22.00 $11,704.00
Subtotal: $281,854.00
Bid Alternate 7
701 Site Clearing / Demolition LS 1 $11,000.00 $11,000.00 702 Site Grading (Rough / Fine) and Earth Moving SF 813 $5.00 $4,065.00 703 8’ Tall Chain Link Fence LF 81 $115.00 $9,315.00
704 8’x8’ Chain Link Gate EA 1 $2,800.00 $2,800.00
#11..
- 151 -

Page 3 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension 705 8’x15’ Chain Link Gate EA 1 $3,000.00 $3,000.00
706 4” Concrete Flatwork SF 813 $24.00 $19,512.00
707 Storage Container EA 2 $7,500.00 $15,000.00
708 Storage Container Lighting, Conduit, and Wire LS 1 $8,000.00 $8,000.00 Subtotal: $72,692.00
Total: $4,491,278.38
Percent From Engineer's Estimate: 8.52%
Suarez & Munoz Construction, Inc.
(510) 782-6065 2490 American Avenue Hayward CA 94545
Base Bid
1 Mobilization and Demobilization (Max 5%) LS 1 $100,000.00 $100,000.00 2 Site Clearing / Demolition LS 1 $100,000.00 $100,000.00 3 Site Grading (Rough / Fine) and Earth Moving SF 349,101 $0.20 $69,820.20 4 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $40,000.00 $40,000.00 5 Temporary Construction Fencing LS 1 $15,000.00 $15,000.00 6 Temporary Tree Protection LS 1 $1,000.00 $1,000.00
7 Storm Drain Inlet 12”x12” (Pre-Cast) EA 17 $2,600.00 $44,200.00 8 Storm Drain Inlet 12”x12” (NDS) EA 5 $820.00 $4,100.00 9 Storm Drain Outlet at Drainage Swale EA 5 $800.00 $4,000.00 10 Storm Drain Manhole EA 2 $9,700.00 $19,400.00
11 6” Storm Drain Line LF 166 $43.00 $7,138.00
12 8” Storm Drain Line LF 1,082 $52.00 $56,264.00
13 12” Storm Drain Line LF 80 $79.00 $6,320.00
14 Sanitary Sewer Manhole EA 2 $6,300.00 $12,600.00
15 Sanitary Sewer Cleanout EA 1 $300.00 $300.00
16 8” Sanitary Sewer Line LF 429 $58.00 $24,882.00
17 4” Water Line with Thrust Blocks and Gate Valve LF 468 $65.00 $30,420.00 18 1-1/2” Water Line LF 44 $131.00 $5,764.00
19 Security Camera EA 2 $21,000.00 $42,000.00
20 Park Path Light – Perimeter Pathway EA 7 $7,200.00 $50,400.00 21 Park Path Light – Playground EA 4 $7,000.00 $28,000.00 22 Conduit, Wire, and Pull Boxes LS 1 $85,000.00 $85,000.00 23 4” Concrete Flatwork SF 4,400 $24.00 $105,600.00
24 6” Concrete Flatwork SF 11,198 $23.00 $257,554.00
25 Monolithic Playground Edge LF 658 $42.00 $27,636.00
26 12” Concrete Mow Strip LF 248 $83.00 $20,584.00
27 Playground Entry Ramp EA 2 $3,600.00 $7,200.00
28 Playground Surfacing (Engineered Wood Fiber) SF 12,396 $4.30 $53,302.80 29 Asphalt Patch SF 65 $44.00 $2,860.00
30 Vertical Curb at Sidewalk LF 34 $124.00 $4,216.00
31 Entry Monument LS 1 $300,000.00 $300,000.00
32 Tubular Steel Fencing LF 248 $110.00 $27,280.00
33 Bench EA 12 $3,000.00 $36,000.00
34 Trash / Recycle Receptacle EA 6 $3,000.00 $18,000.00 35 Drinking Fountain EA 1 $12,000.00 $12,000.00
36 Bike Rack EA 2 $2,500.00 $5,000.00
37 Pressure Treated Header Board LF 554 $13.00 $7,202.00 38 Playground Equipment LS 1 $1,000,000.00 $1,000,000.00 39 Soil Conditioning & Amendments SF 332,769 $0.45 $149,746.05 40 Turf Hydroseed SF 325,672 $0.16 $52,107.52
41 1 Gallon Shrub EA 578 $16.00 $9,248.00
42 5 Gallon Shrub EA 58 $36.00 $2,088.00
43 15 Gallon Tree EA 34 $215.00 $7,310.00
#11..
- 152 -

Page 4 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension 44 Root Barrier LF 210 $24.00 $5,040.00
45 Mulch SF 7,097 $1.00 $7,097.00
46 Irrigation System LS 1 $450,000.00 $450,000.00
47 Maintenance (120 Days) LS 1 $20,000.00 $20,000.00
Subtotal: $3,333,679.57
Bid Alternate 1
101 Soil Conditioning & Amendments SF -4,224 $0.45 ($1,900.80) 102 Turf Hydroseed SF -4,224 $0.16 ($675.84)
103 Irrigation System LS -1 $500.00 ($500.00)
104 Shade Structure EA 1 $540,000.00 $540,000.00
105 Shade Structure Lighting, Conduit and Wire(s) LS 1 $30,000.00 $30,000.00 106 Picnic Table EA 24 $1,800.00 $43,200.00
107 BBQ Service Table EA 2 $1,800.00 $3,600.00
108 BBQ EA 2 $1,800.00 $3,600.00
109 Trash / Recycle Receptacle EA 4 $3,000.00 $12,000.00 110 4” Concrete Flatwork SF 4,224 $26.00 $109,824.00
Subtotal: $739,147.36
Bid Alternate 3
301 Soil Conditioning & Amendments SF -900 $0.45 ($405.00) 302 Turf Hydroseed SF -900 $0.16 ($144.00)
303 Irrigation System LS -1 $500.00 ($500.00)
304 4” Concrete Flatwork with Track Surfacing SF 900 $62.00 $55,800.00 Subtotal: $54,751.00
Bid Alternate 4
401 Site Clearing / Demolition LS 1 $500.00 $500.00
402 Site Grading (Rough / Fine) and Earth Moving SF 68 $6.00 $408.00 403 Park Path Light – Perimeter Pathway EA 5 $9,800.00 $49,000.00 404 Conduit, Wire, and Pull Boxes LS 1 $35,000.00 $35,000.00 405 4” Concrete Flatwork SF 68 $26.00 $1,768.00
Subtotal: $86,676.00
Bid Alternate 6
601 Soil Conditioning & Amendments SF -760 $0.45 ($342.00) 602 Turf Hydroseed SF -760 $0.16 ($121.60)
603 Irrigation System LS -1 $500.00 ($500.00)
604 Restroom Base Prep LS 1 $5,500.00 $5,500.00
605 8” Sanitary Sewer Line LF 18 $60.00 $1,080.00
606 Restroom Conduit and Wire LS 1 $13,000.00 $13,000.00 607 3 Stall Restroom LS 1 $300,000.00 $300,000.00
608 4” Concrete Flatwork SF 532 $26.00 $13,832.00
Subtotal: $332,448.40
Bid Alternate 7
701 Site Clearing / Demolition LS 1 $800.00 $800.00
702 Site Grading (Rough / Fine) and Earth Moving SF 813 $6.00 $4,878.00 703 8’ Tall Chain Link Fence LF 81 $165.00 $13,365.00
704 8’x8’ Chain Link Gate EA 1 $6,700.00 $6,700.00
705 8’x15’ Chain Link Gate EA 1 $7,000.00 $7,000.00
706 4” Concrete Flatwork SF 813 $26.00 $21,138.00
707 Storage Container EA 2 $10,000.00 $20,000.00
708 Storage Container Lighting, Conduit, and Wire LS 1 $8,000.00 $8,000.00 Subtotal: $81,881.00
Total: $4,628,583.33
Percent From Engineer's Estimate: 11.84%
#11..
- 153 -

Page 5 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension TSI Engineering, Inc.
(916) 571-5731 4600 Roseville Road, Suite 140 North Highlands CA 95660 Base Bid
1 Mobilization and Demobilization (Max 5%) LS 1 $154,215.00 $154,215.00 2 Site Clearing / Demolition LS 1 $381,400.00 $381,400.00 3 Site Grading (Rough / Fine) and Earth Moving SF 349,101 $0.20 $69,820.20 4 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $47,094.00 $47,094.00 5 Temporary Construction Fencing LS 1 $71,560.00 $71,560.00 6 Temporary Tree Protection LS 1 $7,780.00 $7,780.00
7 Storm Drain Inlet 12”x12” (Pre-Cast) EA 17 $6,732.00 $114,444.00 8 Storm Drain Inlet 12”x12” (NDS) EA 5 $6,356.00 $31,780.00 9 Storm Drain Outlet at Drainage Swale EA 5 $8,968.00 $44,840.00 10 Storm Drain Manhole EA 2 $17,628.00 $35,256.00
11 6” Storm Drain Line LF 166 $150.00 $24,900.00
12 8” Storm Drain Line LF 1,082 $68.00 $73,576.00
13 12” Storm Drain Line LF 80 $246.00 $19,680.00
14 Sanitary Sewer Manhole EA 2 $24,300.00 $48,600.00
15 Sanitary Sewer Cleanout EA 1 $7,992.00 $7,992.00
16 8” Sanitary Sewer Line LF 429 $98.00 $42,042.00
17 4” Water Line with Thrust Blocks and Gate Valve LF 468 $468.00 $219,024.00 18 1-1/2” Water Line LF 44 $228.00 $10,032.00
19 Security Camera EA 2 $26,000.00 $52,000.00
20 Park Path Light – Perimeter Pathway EA 7 $9,000.00 $63,000.00 21 Park Path Light – Playground EA 4 $9,000.00 $36,000.00 22 Conduit, Wire, and Pull Boxes LS 1 $105,000.00 $105,000.00 23 4” Concrete Flatwork SF 4,400 $17.00 $74,800.00
24 6” Concrete Flatwork SF 11,198 $18.00 $201,564.00
25 Monolithic Playground Edge LF 658 $57.00 $37,506.00
26 12” Concrete Mow Strip LF 248 $71.00 $17,608.00
27 Playground Entry Ramp EA 2 $11,555.00 $23,110.00
28 Playground Surfacing (Engineered Wood Fiber) SF 12,396 $6.00 $74,376.00 29 Asphalt Patch SF 65 $147.00 $9,555.00
30 Vertical Curb at Sidewalk LF 34 $180.00 $6,120.00
31 Entry Monument LS 1 $286,000.00 $286,000.00
32 Tubular Steel Fencing LF 248 $135.00 $33,480.00
33 Bench EA 12 $3,432.00 $41,184.00
34 Trash / Recycle Receptacle EA 6 $3,500.00 $21,000.00 35 Drinking Fountain EA 1 $17,238.00 $17,238.00
36 Bike Rack EA 2 $6,255.00 $12,510.00
37 Pressure Treated Header Board LF 554 $42.00 $23,268.00 38 Playground Equipment LS 1 $842,510.00 $842,510.00
39 Soil Conditioning & Amendments SF 332,769 $0.50 $166,384.50 40 Turf Hydroseed SF 325,672 $0.25 $81,418.00
41 1 Gallon Shrub EA 578 $25.00 $14,450.00
42 5 Gallon Shrub EA 58 $52.00 $3,016.00
43 15 Gallon Tree EA 34 $260.00 $8,840.00
44 Root Barrier LF 210 $18.00 $3,780.00
45 Mulch SF 7,097 $1.00 $7,097.00
46 Irrigation System LS 1 $349,302.00 $349,302.00
47 Maintenance (120 Days) LS 1 $56,012.00 $56,012.00
Subtotal: $4,072,163.70
#11..
- 154 -

Page 6 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension Bid Alternate 1
101 Soil Conditioning & Amendments SF -4,224 $0.50 ($2,112.00) 102 Turf Hydroseed SF -4,224 $0.25 ($1,056.00)
103 Irrigation System LS -1 $4,430.00 ($4,430.00)
104 Shade Structure EA 1 $481,700.00 $481,700.00
105 Shade Structure Lighting, Conduit and Wire(s) LS 1 $63,230.00 $63,230.00 106 Picnic Table EA 24 $3,024.00 $72,576.00
107 BBQ Service Table EA 2 $15,695.00 $31,390.00
108 BBQ EA 2 $1,300.00 $2,600.00
109 Trash / Recycle Receptacle EA 4 $3,500.00 $14,000.00 110 4” Concrete Flatwork SF 4,224 $17.00 $71,808.00
Subtotal: $729,706.00
Bid Alternate 3
301 Soil Conditioning & Amendments SF -900 $0.50 ($450.00) 302 Turf Hydroseed SF -900 $0.25 ($225.00)
303 Irrigation System LS -1 $950.00 ($950.00)
304 4” Concrete Flatwork with Track Surfacing SF 900 $17.00 $15,300.00 Subtotal: $13,675.00
Bid Alternate 4
401 Site Clearing / Demolition LS 1 $7,786.00 $7,786.00 402 Site Grading (Rough / Fine) and Earth Moving SF 68 $50.00 $3,400.00 403 Park Path Light – Perimeter Pathway EA 5 $14,373.00 $71,865.00 404 Conduit, Wire, and Pull Boxes LS 1 $47,810.00 $47,810.00 405 4” Concrete Flatwork SF 68 $25.00 $1,700.00
Subtotal: $132,561.00
Bid Alternate 6
601 Soil Conditioning & Amendments SF -760 $0.50 ($380.00) 602 Turf Hydroseed SF -760 $0.25 ($190.00)
603 Irrigation System LS -1 $1,000.00 ($1,000.00)
604 Restroom Base Prep LS 1 $3,100.00 $3,100.00
605 8” Sanitary Sewer Line LF 18 $690.00 $12,420.00
606 Restroom Conduit and Wire LS 1 ($9,250.00) ($9,250.00) 607 3 Stall Restroom LS 1 $289,402.00 $289,402.00
608 4” Concrete Flatwork SF 532 $67.00 $35,644.00
Subtotal: $329,746.00
Bid Alternate 7
701 Site Clearing / Demolition LS 1 $29,510.00 $29,510.00 702 Site Grading (Rough / Fine) and Earth Moving SF 813 $9.00 $7,317.00 703 8’ Tall Chain Link Fence LF 81 $157.00 $12,717.00
704 8’x8’ Chain Link Gate EA 1 $6,300.00 $6,300.00
705 8’x15’ Chain Link Gate EA 1 $6,600.00 $6,600.00
706 4” Concrete Flatwork SF 813 $56.00 $45,528.00
707 Storage Container EA 2 $14,275.00 $28,550.00
708 Storage Container Lighting, Conduit, and Wire LS 1 $10,180.00 $10,180.00 Subtotal: $146,702.00
Total: $5,424,553.70
Percent From Engineer's Estimate: 31.07%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization (Max 5%) LS 1 $25,000.00 $25,000.00 2 Site Clearing / Demolition LS 1 $25,000.00 $25,000.00 #11..
- 155 -

Page 7 of 8 ends

Mary E. Grogan Community Park - Phase 2
Item # Item Description Units Quantity Unit Price Extension 3 Site Grading (Rough / Fine) and Earth Moving SF 349,101 $0.65 $226,915.65 4 Stormwater Pollution Prevention Plan (SWPPP) LS 1 $30,000.00 $30,000.00 5 Temporary Construction Fencing LS 1 $21,590.00 $21,590.00 6 Temporary Tree Protection LS 1 $7,500.00 $7,500.00
7 Storm Drain Inlet 12”x12” (Pre-Cast) EA 17 $4,000.00 $68,000.00 8 Storm Drain Inlet 12”x12” (NDS) EA 5 $1,000.00 $5,000.00 9 Storm Drain Outlet at Drainage Swale EA 5 $1,000.00 $5,000.00 10 Storm Drain Manhole EA 2 $4,000.00 $8,000.00
11 6” Storm Drain Line LF 166 $30.00 $4,980.00
12 8” Storm Drain Line LF 1,082 $40.00 $43,280.00
13 12” Storm Drain Line LF 80 $50.00 $4,000.00
14 Sanitary Sewer Manhole EA 2 $4,000.00 $8,000.00
15 Sanitary Sewer Cleanout EA 1 $1,000.00 $1,000.00
16 8” Sanitary Sewer Line LF 429 $40.00 $17,160.00
17 4” Water Line with Thrust Blocks and Gate Valve LF 468 $39.00 $18,252.00 18 1-1/2” Water Line LF 44 $30.00 $1,320.00
19 Security Camera EA 2 $8,000.00 $16,000.00
20 Park Path Light – Perimeter Pathway EA 7 $10,000.00 $70,000.00 21 Park Path Light – Playground EA 4 $12,000.00 $48,000.00 22 Conduit, Wire, and Pull Boxes LS 1 $20,000.00 $20,000.00 23 4” Concrete Flatwork SF 4,400 $14.00 $61,600.00
24 6” Concrete Flatwork SF 11,198 $18.00 $201,564.00
25 Monolithic Playground Edge LF 658 $35.00 $23,030.00
26 12” Concrete Mow Strip LF 248 $22.00 $5,456.00
27 Playground Entry Ramp EA 2 $2,000.00 $4,000.00
28 Playground Surfacing (Engineered Wood Fiber) SF 12,396 $3.00 $37,188.00 29 Asphalt Patch SF 65 $12.00 $780.00
30 Vertical Curb at Sidewalk LF 34 $50.00 $1,700.00
31 Entry Monument LS 1 $50,000.00 $50,000.00
32 Tubular Steel Fencing LF 248 $100.00 $24,800.00
33 Bench EA 12 $3,500.00 $42,000.00
34 Trash / Recycle Receptacle EA 6 $2,500.00 $15,000.00 35 Drinking Fountain EA 1 $12,000.00 $12,000.00
36 Bike Rack EA 2 $1,500.00 $3,000.00
37 Pressure Treated Header Board LF 554 $12.00 $6,648.00 38 Playground Equipment LS 1 $900,000.00 $900,000.00
39 Soil Conditioning & Amendments SF 332,769 $0.45 $149,746.05 40 Turf Hydroseed SF 325,672 $0.15 $48,850.80
41 1 Gallon Shrub EA 578 $25.00 $14,450.00
42 5 Gallon Shrub EA 58 $40.00 $2,320.00
43 15 Gallon Tree EA 34 $200.00 $6,800.00
44 Root Barrier LF 210 $15.00 $3,150.00
45 Mulch SF 7,097 $1.00 $7,097.00
46 Irrigation System LS 1 $665,421.50 $665,421.50
47 Maintenance (120 Days) LS 1 $33,278.00 $33,278.00
Subtotal: $2,993,877.00
Bid Alternate 1
101 Soil Conditioning & Amendments SF -4,224 $0.45 ($1,900.80) 102 Turf Hydroseed SF -4,224 $0.15 ($633.60)
103 Irrigation System LS -1 $8,448.00 ($8,448.00)
104 Shade Structure EA 1 $450,000.00 $450,000.00
105 Shade Structure Lighting, Conduit and Wire(s) LS 1 $7,788.00 $7,788.00 106 Picnic Table EA 24 $2,500.00 $60,000.00
#11..
- 156 -

Page 8 of 8 ends

Modesto City CouncilJune 4, 2024

Modesto City Council
June 4, 2024