Modesto City Council
December 3, 2024

DISCUSSION:

City Staff selected Telcion Communications Groups software: Cisco Secure Internet Access Essentials and Secure Private Access, based on a comparable technology validation, and cost effectiveness. Telcion’s solution capabilities align well with the City's security requirements and future IT strategy.

The implementation of Cisco Secure Internet Access Essentials and Secure Private Access will significantly enhance the City of Modesto's cybersecurity infrastructure. These solutions address the following key issues:

1. Improved Security: Cisco Secure Internet Access Essentials provides advanced threat protection and data loss prevention, addressing the limitations of the current Proofpoint solution.

2. Zero Trust Network Access: Cisco Secure Private Access offers a more secure alternative to traditional VPN, reducing the risk of breaches similar to the 2022 incident.

3. Scalability and Performance: Cisco's cloud-native architecture ensures consistent security and performance for all users, regardless of location.

4. Compliance: The solution helps maintain compliance with various regulatory requirements by providing comprehensive logging and reporting capabilities.

The proposed agreement includes:
 Cisco Secure Access Subscription
 Cisco Secure Internet Access Essentials licenses for 1,200 users  Cisco Secure Private Access Essentials for 400 users
 Enhanced Support for Cisco Secure Access (month)
 Cisco Secure Access - Customer Insights
On September 11, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the replacement of the city’s Secure Web Gateway (SWG) and Virtual Private Network (VPN) solutions. On November 30, 2021, the County of Merced issued RFP No. 7370 for Fast Open Contracts Utilization Services (FOCUS), which was advertised on the Merced County website1. On January 15, 2021, proposals were opened at 2222 M Street, Room 1, Merced CA. Four (4) proposals were received and based on the criteria outlined in the RFP, two (2) contracts were awarded for this commodity which includes the Fast Open Contracts Utilization Services (FOCUS). Based on the responsive and responsible proposer offering the overall responsiveness, understanding of the desired “Scope of Work”, technical capability, expertise and experience, performance capability, reputation, reliability and service history, capability of the bidder to complete the “Scope of Work” within the time frames, acceptance of terms and conditions of the RFP, and price, City staff recommends to award to Telcion Communications Group to purchase Cisco Secure Access subscription and services for three (3) years, for a first year estimated annual amount of $98,000, and an estimated amount of $71,000 respectively for the second and third years, and total cost not to exceed $240,000 over three years.
1 www.co.merced.ca.us/Purchasing-Bids
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City Council, December 3, 2024
Purchase Agreement with Telcion Communications Group

The Merced FOCUS agreement is a nationwide cooperative program that allows cities, counties, schools, special districts, and other public entities to acquire technology products and services efficiently and at competitive rates. The City of Modesto has the opportunity to purchase Cisco Secure Access subscription and services through Telcion Communications Group, by way of the FOCUS agreement.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8- 3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost saving interest of the City would be served.

The alternative software solution was 30% more expensive when considering the total cost of ownership over a three-year period. By utilizing the Merced County bidding process, the City is complying with the requirements defined under this code for the purchase agreement for Cisco Secure Internet Access Essentials and Secure Private Access.

FISCAL IMPACT:

The total cost of the three-year agreement is estimated to be $240,000, to be paid in annual installments as follows:

YEAR ANNUAL AMOUNT
1 $98,000
2 $71,000
3 $71,000
TOTAL $240,000
This expenditure will be funded using American Rescue Plan Act (ARPA) funds and the Information Technology Fund. Below is the breakdown of the allocation split between the two funding sources.

Allocation Split
Cybersecurity Mitigation
ARPA Funds
$153,302
Information Technology
Fund
$86,698
TOTAL $240,000
COMMITTEE RECOMMENDATION:

This item was previously heard by the Finance Committee on November 13, 2024, and the Committee approved and recommended that this item be forwarded to Council for approval. #19..
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City Council, December 3, 2024
Purchase Agreement with Telcion Communications Group

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Purchase Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process through Merced County FOCUS Agreement for a 3- year Agreement, and a total amount not to exceed $240,000, over three years; and authorizing the City Manager or his designee to execute the Agreement.

Approved by:

Dameon Booker, CIO
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibit A

4. FOCUS Agreement

5. FOCUS Agreement Amendment 1

6. Financial Interest Disclosure
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December 3, 2024/Information Technology/D.Booker/Item # 1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING A PURCHASE AGREEMENT WITH TELCION

COMMUNICATIONS GROUP, TURLOCK, CA, BY UTILIZING THE

COMPETITIVE BID PROCESS THORUGH MERCED COUNTY FOCUS
AGREEMENT FOR A 3-YEAR AGREEMENT, AND A TOTAL NOT TO
EXCEED $240,000, OVER THREE YEARS, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the city’s current Secure Web Gateway (SWG) and Virtual Private Network Solutions (VPN) has had challenges with both support and functionality; and WHEREAS, a security incident in 2022 involving a breach prompted city staff to seek a more secure alternative; and
WHEREAS, staff conducted a comprehensive technology evaluation, reviewing several software; and
WHEREAS, city staff were able to secure allocation of American Rescue Plan Act (ARPA) funds for this project after successful validation; and WHEREAS, a new agreement needs to be established before the current solution expires, and ARPA Funds encumbered before December 31, 2024; and WHEREAS, on September 11, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the replacement of the city’s SWG; and WHEREAS, staff identified a piggyback with the County of Merced’s Fast Open Contracts Utilization Services (FOCUS) agreement; and
WHEREAS, the FOCUS agreement is a nationwide cooperative program that allows cities, counties, schools, special districts and other public entities to acquire technology products and services efficiently and at competitive rates; and #19..
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December 3, 2024/Information Technology/D.Booker/Item # 2 2024- 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, however, exceptions to the formal bidding process are granted in MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost saving interest of the City would be served.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Purchase Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process through Merced County FOCUS agreement for a 3-year agreement, and a total amount not to exceed $240,000, over three years.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #19..
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December 3, 2024/Information Technology/D.Booker/Item # 3 2024- The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 2024, by Councilmember _______, who moved its adoption, which motion being duly seconded by Councilmember _________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT

TELCION COMMUNICATIONS GROUP FOR CISCO SECURE ACCESS SUBSCRIPTION AND

SERVICES
THIS AGREEMENT (“Agreement”), made and entered into in the City of Modesto, State of California, this day of , 202__, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Telcion Communications Group, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that a Consultant Agreement for Cisco Secure Access subscription and services should be provided for the City to enhance cybersecurity infrastructure.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project", incorporated herein by this reference.

2. TERM OF AGREEMENT.

This Agreement is effective as of the Effective Date and will continue in effect for three (3) years or until CITY's acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

CITY hereby gives CONSULTANT notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. CONSULTANT shall #19..
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2 diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO HUNDRED FORTY THOUSAND DOLLARS as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A".

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “A” or approved by the City in writing.

City shall pay Consultant Net 45 Days via manual check,

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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3 CONSULTANT has represented to CITY that Brandon Grieves, Public Sector AE will be the person primarily responsible for the performance of the services referred to in this Agreement. CITY has entered into this Agreement in reliance on that representation by CONSULTANT.

6. TITLE TO DATA
Title to Data
If, as a part of the Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and #19..
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4 Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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5 If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
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6 FOR CONSULTANT: Name: Darren Rodrigues
Address: 140 W. Main Street
Turlock, CA 95280
Attention: Darren Rodrigues
Phone: (209) 656-5740
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Dameon Booker
Phone: (209) 577-5229
Email: [email protected]

14. INSURANCE REQUIREMENTS.

Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and incorporated herein, and shall otherwise comply with the other provisions of Exhibit (C) to this Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
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7 Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. If City so requests, and at City's cost at a rate agreed upon mutually by both parties, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to #19..
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8 the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

If Consultant is Design Professional, pursuant to the full language of California Civil Code §2782, Design Professional agrees to indemnify, including the cost to defend, City, its agents, officers, employees and volunteers, harmless from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole or active negligence, or willful acts of the City; and does not apoly to any passive negligence of the City unless caused at least in party by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

If Consultant is not a Design Professional, the Consultant shall hold the City, its agents, officers, employees, and volunteersharmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its #19..
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9 agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except for claims arising from the willful or active negligence of the City.

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.
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10 This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.
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11 Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024 - , adopted by the Council of the City of Modesto on the day of , 2024, and (CONSULTANT) has caused this agreement to be duly executed as of the Effective Date. #19..
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12 Exhibit C:

Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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13 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

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

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract 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 the contract of work.
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14 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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EXHIBIT A
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AGREEMENT FOR SPECIAL SERVICES

MERCED COUNTY
CONTRACT NO.

THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of Califomia, (hereinafter referred to as "County"), and Telcion Communications Group, a Califomia corporation, located at 140 West Main Street, Turlock, California, 95380 (hereinafter referred to as "Contractor").

WHEREAS, County desires to retain Contractor to perform the services in connection with the Fast Open Contracts Utilization Services (FOCUS) pursuant to Government Code Sections 25330 - 25338; and,
WHEREAS, Contractor represents it has considerable knowledge and experience relating to the performance of such services; and,
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1, SCOPE OF SERVICES

1.1 FOCUS Program Overview
The purpose of this FOCUS Agreement will be to provide the means for counties, cities, schools, special districts and other governmental entities in California and nationally to purchase their needed telecommunications technology solutions through a formally bid contractual relationship.

FOCUS iiso provides the means for govemments to reduce their costs of procurement while leveraging their dollars with other governments to achieve greater buying power. FOCUS offers the possibility of choosing more than one provider in each category'

1.2 FOCUS Program Design for Contractor
The program design shall incorporate the principles as they apply to the following awarded telecommunications technology categories:

Communications Services:
. Call Center Solutions (with ACD)
. Emergency Notification Solutions (Reverse 911)
. Engineering/Consulting Services
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. lntegrated Voice Response (lVR)
. Voice over lnternet Protocol (VOIP)
. Unified Messaging (UM)
. TelecommunicationsSystems(PBX)
. Telephone Handsets
. Voice Mail Solutions
. Wireless Voice Communication Services
lnfrastructu re:
. Cabling Services
Enterprise l\ilobility Solutions:
. Mobile Device Management
Maintenance Services
Network & Enterprise Security Solutions:
. Firewall and Virtual Private Network (VPN)
. lntrusionDetection/PreventionSolutions
. Network, Host and Enterprise Management Solutions
. Video Solutions
. Wireless Solutions (Wi-Fi)
E-Governmeni
. Web Monitoring and Filtering Solutions
Enterprise Systems:
. Virtualization(Servers)
. Virtual Desktop lnfrastructure (VDl)
. Anti-Virus, Spam, Spyware Solutions
. Data Encryption Products and Services
. Hosting Services and Applications (Cloud and SaaS)
. Radio Frequency ldentification (RFID)
. Server, Storage and Data Management Products
. Telepresencely'ideoConferencing
Training Solutions
Consulting Services
Other Goods and Services
'1.3 Services
Contractor shall provide such services in a good and professional manner in accordance with the terms and conditions stated herein, and any #19..
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1.4 specifically referenced attachments hereto. The following exhibits are specifically inmrporated by reference, aftached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:

Exhibit A - County's Request for Proposal #7370
Exhibit B - Contractor's Responding Proposal
Services shall include all activities of Contractor necessary to its performance of the work included in the scope herein described and shall perform all seryices as an independent contractor; not as an agent or employee ofthe County.
ln the performance of Contracto/s duties to perform such services, Contractor's services include, but are not limited to, the following:
a. Provide telecommunications products and services, using a competitively bid procurement tool, to public entities nationally. b. Offer superior products and services, at competitively bid prices, to insure public entity telecommunications goals are being achieved. c. Service FOCUS needs in specifically awarded telecommunications technology categories as listed in Section 1.2.

Conlractor Commitments
a. Selected FOCUS partners are authorized to add new product lines as needed to replace discontinued product lines. Merced County will be notified in writing of such product changes (with pricing) as they occur.
b. Not Specifically Priced ltems (NSP) - FOCUS users may order non-contracted products and services lhat are in support of the contracted items listed on the Purchase Order. Any NSP items must be peripheral and subordinate to the contracted items. The total value of all NSP items shall not exceed ten percent (10%) of the total price of the Purchase Order.
c. Merced County reserves the right to receive and process all orders at a future date.
d. Corporate level management support and resource commitment to the FOCUS Program.
e. Corporate level dedication to at least a California marketing proglzlm.
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f. Corporate level commitment to their sales force in promoting the FOCUS Program and rewarding successes.
g. An aggressive marketing strategy.
h. Excellence in customer support and service.
i. A commitment to use local providers and/or contracted seNices where a corporate presence does not exist.
j. A product and service quality assurance program that meets or exceeds industry excellence standards.
k. The most competitive pricing given to a state/local government agency for the array of products and/or services offered. l. An ability to include industry leaders in the corporate and product suites offered through subcontractor relationships.
m. An on-line order placemenutracking system for immediate input or retrieval of information/acknowledgments by vendor.
n. As required, a customer help desk (800 number/on-line access) to assist customer technical and administralive issues.
o. Product, service, and installation excellence to any location that meets industry's highest standards.
p. The availability and inclusion of product supplies, product training, networking services (if appropriate), and product maintenance' q. All product installations and modifications performed by supplier will be by manufacturer-authorized personnel and meet manufaclurerdocumented specifications, unless otherwise specmcally stated in the purchase order/Statement of Work.
r. All contractors offering technology services must be certified by the California Public Utilities Commission (CPUC) to offer those services. Evidence of certification from CPUC is required' s. All products offered as a part of FOCUS must meet or exceed the specifications of the referenced brands.
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2. 1.5 MandatoryAdministrative Requirements
a. Notify Merced County of all saies made under FOCUS, including order/delivery progress, within fourteen ('14) business days of orderb. Quarterly and annual sales reports. c. A producuservice document, paper or electronic
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to be produced
at least four (4) times per year. Electronic documents shall be updated immediately for price reductions. The document must show the array of producvservice offerings, producvservice descriptions, and pricing schedules based on single item purchases. lf appropriate, greater price reductions are expected as volume on identical items is increased. A percent of volume discount must be provided prior to order.
d. Price increase/price decline policies. All price reduction changes must be published within seventy-two (72) hours.
e. Quarterly Administrative fees for Merced County.
f. Subcontractor list (See Agreement Attachment 1).
g. Ordering (including invoices, payments, taxes on sales and services, and retum procedures), reporting, and reconciliation procedures (See Agreement Attachment 2).
h. Support services including help desk phone numbers.
i. Wananty statements.
j. Point of contact including phone/faxle-mail informationTERM The term of this Agreement shall commence on the 8th day of June, 202'1, and continue until the 7ih day of June, 2024, unless sooner terminated in accordance with the sections entitled 'TERMINATION FOR CONVENIENCE", 'TERMINATION FOR CAUSE", or "CONDITION SUBSEQUENT/NONAPPROPRIATION OF FUNDING', as set forth elsewhere in this Agreement'

ADMINISTRATIVE FEES
Contractor agrees to pay Merced County administrative fees in accordance with the following schedule on a quarterly basis. Payment is to be made not later

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than thirty (30) days following the end of the quarter (April 30, July 31 , October 31 , January 31).
(Sales will be calculated for fiscal year of January 1st through December 31st and reset each year)
Annual Sales Through Contract Administrative Fee
$o - $2,ooo,o0o 1Yo
$2,000,000+ 0.5%

4. PUBLIC AGENCY PARTICIPATION
Any public agency, i.e., city, district, public authority, public agency, municipality and other political subdivision or a public corporation of california (hereinafter refened to as public agency) located in the state of california or any other state shall have the option of participating in any award made as a result of this proposal at the same prices, F.O.B. destination, and terms and conditions. The public agency shall make purchases in their own name, have deliveries made to their facilities, and be responsible for tax liability and payments directly to the Contractor. The public agency will hold harmless the County from all claims, demands, actions, or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with use of this Contract.

Public Agencies may not qualiff vendors for their contract offerings by using FOGUS Terms and Conditions.

PROGRAM UTILIZATION REQUIREMENTS
ln order for a public agency to utilize FOCUS contracts, the public agency must first complete an agreement with Merced county. Agreements are accomplished by referencing vendor's specific FOCUS contract number on each public agency's purchase order, forwarding original to Contractor, and providing an informltion copy to the Merced County Department of Community and Economic Development via U.S. Mail, fax, or e-mail. For ordering, reporting, and reconciliation procedures, see Contract Attachment 2'

NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the recipient, notice is effective uPon delivery.

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B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Ovemight Delivery. When delivered by an ovemight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an acf or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengersi or ovemight delivery service lnformation for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
county of lverced c/o
Director
Community & Economic Development
Merced county
2222 M Slrcel
Merced, CA 95340
Contractor
Telcion Communications Group, lnc.

Danen Rodrigues
Business Technology Consultant
'140 West Main Street
Turlock, CA 95380

7. Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING
The compensation paid to Contractor pursuant to this Agreement is based on County's continued appropriation of funding for the purpose of this.Agreement, as well as the receipt of local, county, stale and/or federal funding for this purpose. The parties acknowledge that the nature of govemment finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. ln the event that funding is terminated, in whole or in part' for any reason' at any time, this Agreement and all obligations of the County aising-from this Agreement shall be immediately discharged. County agrees to inform Contractor ni later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will -be -available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. ln the altemative, County and Contractor may agree, in such #19..
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6. circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the pafiies agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is pmvided to the County in the form of promises to pay at a later date, whether referred to as "government warrants;', "lOU's", or by any other name, the County may' in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available'

TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by poviding the other party with thirty (30) calendar days written notice of such termination.

Upon effective date of termination, County shall have no further .liability to Contractor except for payment for actual services incurred during the performance hereunder. Such liability is limited to th,e time specified in said notice and for services not previously reimbursed by County Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incuned by Contractor prior to, and in connection with, discontinuing the work hereunder.

TERMINATION FOR CAUSE
The County may terminate this Agreement and be relieved -of making any payments to Contractor and all duties to Contractor should the Contractor fail to ir"itor, ,ny material duty or obligation of the Agreement Notice shall be given as otherwiie pmvided herein. ln the event of such termination the County may proceed with ihe work in any manner deemed proper by the County All costs to [tre County shall be deduct,ed from any sum otheMise due the. Contractor and in" Ortan"", if any, shall be paid to the Contractor upon dem€nd- Such remedy Lin aodition to such other remedies as may be available to the County provided by law.

MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend thiJ Ag;eement. No alteration or variation of the terms of this Agreement shall b; valid unless made in writing and signed.by the.parties hereto' N6 oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto

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11. INSURANCE
A. Prior to the commencement of work, and as a precondition to this Agreement, Contractor shall purchase and maintain the following types of iniurance for the stated minimum limits indicated during the term of this Agreement. Contractor shall provide a certificate of insurance and endorsements on each policy as required in this section. Each certificate of insurance shall specify if Contractor has a self-insured retention (SlR), and if so, Contractor shall be required to provide the entire policy of insurance with which it has an SIR and/or deduciible. All deductibles and SlRs shall be fully disclosed in the Certificates of lnsurance and are subject to the express written permission of the County Risk Manager.

1. Commercial General Liability: $2,000,000 per occunence and $4,OOO,OO0 annual aggregate covering products and completed operations, bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or altematively split limits of $500,000 per person ;nd $l,OOO,OOo per accident for bodily inlury with $250,000 per accident for property damage.

3. Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers' Liability limits of $1,OoO,OOO per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the County.

4. Professional Liability (Enors and Omissions): $1,000,000 limit per occurrence and $5,000,000 annual aggregate limit covering Contractor's wrongfulacts, errors and omissions. Any aggregate limit for professional liability must be separate and in add-ition toany CGL aggregate limit. Claims - made coverage requires Contractor to main'tiini minimum of three (3) years extended reporting period or tail coverage.

5. Technology Professional Liability Errors and Omissions lnsurance appropriai; to the Contractor's profession and work hereunder, with limits not less than $2,OOO,OOO per occulrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual #19..
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B.
property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufflcient to respond to these obligations.

The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of the Agency in the care, custody, or control of the Contractor. lf not covered under the Contracto/s liability policy, such "property" coverage of the Agency may be
endorsed onto the Contracto/s Cyber Liability Policy as covered property as follows;
Cyber Liability coverage not less than $2,000,000 per
occurrence, and sufficient to cover, the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information "property' of the Agency that will be in the care, custody, or control of Contractor.

INSURANCE CONDITIONS

1. lnsurance is to be primary and non-contributory with any insurance of the County and placed with admitted insurers rated by A M. Best Co. as A: Vll or higher. Lower rated, or approved but not admitted insurers, or any other requirement changes (such as limits) are subject to the prior approval of the County Risk Manager'

2. Each of the above required policies shall be endorsed to provide the County with thirty (30) days prior written notice of cancellation.

The County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of Gontractor to furnish insurance during the term of this Agreement.

3. lf the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
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12. 4. lf the Contractor uses Sub-Contractors or others to perform work under this Agreement, such Sub-Contractor or other persons shall be Named lnsured or Additionally lnsured to the Contractor's required insurance coverage, or required by the Contractor to comply with equivalent insurance and conditions of this Section.

INDEMNIFICATION
Contractor has the mntracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise.

This duty shall include, but not be limited to, claims for bodily injury, pmperty damage, personal injury, and mntractual damages or otheMise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of Contractor.

Contractor's liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the Contractor, its agents, subcontractor and employees. The duty shall extend to any allegation or claim of liability except in circumstances found by a jury or judge to be the sole and legal result of the willful misconduct of County. This duty shall arise at the first claim or allegation of liability against County. Contractor will on request and at its expense defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted by law.

PATENT INDEMNITY
The awarded Bidder shall hold the County, its officers, agents, and employees, harmless from liability of any nature in kind, including costs and expenses, from infringement or use of any copyrighted or un-copyrighted composition, secret prccess, patented or unpatented invention, article, or appliance furnished or used in connection with this proposal. The Bidder may also be required to furnish a bond or other indemnification to the County against any and all loss' damage, costs, expenses, claims, and liability for patent or copyright infringement.

INDEPENDENT CONTRACTOR
It is mutually understood and agreed that Contractor is an independent Contractor in the performance of the work duties and obligations devolving upon Contractor under this Agreement. County shall neither have, nor exercise any control or direction over the methods by which Contractor shall perform the assigned work and functions. The contractual interest of County is to assure that

13. 14.
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15. the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.

It is agreed that no employer-employee relationship is created and Contractor shall hold County harmless and be solely responsible for withholding, reporting and payment of any federal, state or local taxes; any contributions or premiums imposed or required by workers' compensation; any unemployment insurance; any social security income tax; and any other obligations from statutes or codes applying to Contractor, or its subcontractors and employees, if any.

It is mutually agreed and understood that Contractor, its subcontractors and employees, if any, shall have no claim under this Agreement or otheMise against the County for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.

Contractor shall insure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted seNices are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.

RECORDS, INFORMATION AND REPORTS
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, County shall have free access at all poper times or until the expiration of four (4) years after the fumishing of services to such records, and the right to examine and audit the same and to make transcrjpts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.

To the extent permitted by law, Contractor shall furnish County such periodic reports as County may request pertaining to the work or services undertaken pursuant to this Agreement. The costs and obligations incurred or to be incurred in connection therewith shall be borne by the Contractor.

OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by Contractor hereunder are the exclusive property of County and upon request of County shall be delivered to County upon completion of the services authorized hereunder. ln the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. Contractor may retain copies thereof for its files and internal use.

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17. Any publication of information directly derived fmm work performed or data obiained in connection with services rendered under this Agreement must be first approved by County.

QUALITY OF SERVICE
Contractor shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services fumished under this Agreement.

Contractor shall, without additional compensation, conect or revise any elrors or deficiencies immediately upon discovery in its reports' drawings, specifications, designs, and/or other related items or services.

PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of County as provided in this Agreement are expressly condition;d upon Contractols compliance with the provisions of this Agreement to the personal satisfaction of the County. County shall determine compliance in good faith as a reasonable person would under the circumstances'

ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or.documents incorpoiated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts' oral or.otherwise' re-garding tne suUlect matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

PRICING
lf the FOCUS partnering contractor's prices decline, or should Contractor, at any time during ttrb term oi this Agreement, provide the same or similar goods or services uider similar quantity and delivery conditions and terms and conditions oi purchase to the State of Cilifomia or any county, municipality or district of the stjte at prices below those set forth in this Agreement,. then-such lower prices shall be immediately extended to Merced County and the FOCUS users up to and including date of shipment from Contractor's shipping point

COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than Contractor.

18. t9-
20-
2',t.
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23. 22.

25. LAWS, LICENSES, PERMITS AND REGULATIONS
Contractor and County agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to Contractor and County, their sub-grantees, Contractors, or subcontractor, and their work.

Contractor shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of Califomia, County of Merced and all other appropriate govemmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.

LIMITED AFFECT OF WAIVER OR PAYMENT
ln no event shall the making, by County, of any payment to Contractor constitute, or be construed as, a waiver by County of any breach of covenant, or any default which may then exist, on the part of Contractor. The making of any such payment by County while any such breach or default shall exist, shall not be construed as acceptance of substandard or careless work or as relieving Contractor from its full responsibility under this Agreement.

No waiver by either party of any default, breach or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.

PERSONNEL
Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. All of the services required hereunder will be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

APPLICABLE LAw; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and govemed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No

24. 14
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27. 26.

24. interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.

Notwithstanding any other provision of this Agreement, any disputes conceming any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in lvlerced County, unless the parties agree otheMise or are otheMise required by law.

BREACH OF CONTRACT
Upon breach of this Agreement by Contractor, County shall have all remedies available to it both in equity and/or at law.

REMEDY FOR BREACH AND RIGHT TO CURE
Notwithstanding anything else in this Agreement to the contrary, if Contractor fails to perform any obligation of this Agreement, the County may itself perform, or cause the performance of, such agreement or obligation. ln that event, Contractor will, on demand, fully reimburse County for all such expenditures Altematively, County, at its option, may deduct from any funds owed to Contractor the amount necessary to cover any expenditures under this provision.

This is in addition to any other remedies available to the County by law or as otheMise stated in this Agreement.

SUCCESSORS IN INTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.

CONFLICT OF INTEREST
Contractor covenants that it presently has no inlerest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Contractor shall ensure that no mnflict of interest exists between its officers, employees, or subcontractors, and the County. Contractor shall ensure that no County officer or employee in a position that enables them to influence this Agreement will have any direct or indirect financial interest resulting from this Agreement. Contractor shall ensure that no County employee shall have any relationship to the Contractor or officer or employee of the Contractor, nor that any such person will be employed by Contrrctor in the performance of this Agreement without immediate divulgence of such fact to the County.

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30. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND

FACILITIES
Contractor and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination iaws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, oi recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 4o), medical condition (including HIV and AIDS), or physical or mental disability. Contractor shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.

Contractor represents that it is in compliance with and agrees that it will continue to comply with the Americans with Oisabilities Act of 1990 (42 U.S.C. S 12101 et seq.), the Fair Employment and Housing Act (Government Code SS 12900 et seq.), and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.

Contractor agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision' Contractor shall include this nondiscrimination pmvision in all subcontracts related to this Agreement and when applicable give notice of these obligations to labor organizations with which they have Agreements.

CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.

SUBCONTRACTS. ASSIGNMENT
Contractor shall not subcontract or assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily' to any person without obtaining the prior written consent by County. Contractor remains legally responsible for the performance of all contract terms including work performed by third parties undei subcontracts. Any subcontracting will be subject to all applicable provisions of this Agreement. Contractor shall be held responsible by County for the performance of any submntractor whether approved by County or not.

31. 32.
'16
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34. Contractor hereby assigns to the County all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 1 5) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Parl 2 ol Division 7 of the Business and Professions Code), arising from the purchase if goods, materials, or services by the Contractor for sale to the County pursuant to this Agreement.

SEVERABILITY
lf a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected. Compensation due to Contractor from the County may, however, be adjusted in proportion to the benefit received despite the removal of the effected provision.

DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed bY both Parties.

Signature page to follow
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COUNTY OF TIIERCED
Daron McDaniel
Name
Chairman. Board of Suoervisott
Title
JUN 8 2021
Dat6d

APPROVEDASTO FORM

FORRESTW HANSEN
Telcion Gommunications GrouP
Name
hr:rav"l tnq t Ola-{''
Title
s ln\zt
Jeff Grant, Deputy County Counsel lV
g 6ir,P f{^,r, t, tnt-,

MERCED COUNTY COUNSEL
18 #19..
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ATTACHMENT 1

SUBCONTRACTORS
Berk-tek
Cisco
Panduit
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ATTACHMENT 2

ORDERING, REPORTING, AND RECONCILIATION PROCEDURES
ORDERING:

To order from the FOCUS Contract, Contractor needs:

1. A public agency purchase order (P'O.), stating the FOCUS Contract Number, made out to Contractor.

2. Confirmation that a copy of the P.o. has been sent to county via u.s. Mail or email.

Contractor can receive information in the following ways: U.S. Mail or email:

US mail:

Telcion Communications
Sales/FOCUS Contract orders
140 West Main Street
Turlock, Ca 95380
Email:
[email protected]
Upon receiving the above, Contractor will proceed with the ordering of the equipment delivered to Contractor ior delivery to the customer. The Order Administrator will also send a copy of the P.O. to the County.

REPORTING AND RECONCILIATION:

Contractor will report to County on a quarterly basis. The report and associated lees will be sent by Contractor no later than the 30h of the month, following the end of the q-uarter.(January 30s April 30th, July 30th, october 3oh) to the county via carrier. copies of P.o.'s will also be included.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: November 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Reject Bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects CONTACT: Cristian C. Ciotau, Engineering Division Manager [email protected], 209-571-5175
DESCRIPTION:

Consider rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

In 2016, the Wastewater Engineer’s Report was approved to provide a basis for establishing wastewater related charges, fees and identified needed Wastewater Capital Improvement Program Projects.

The Wastewater Collection System Master Plan identifies the Sonoma Trunk Extensions and Lift Station as a system that must be constructed to serve future development of the Roselle/Claribel Comprehensive Planning District located in the northeast area of the City. The area bounded by Oakdale Road, Sylvan Avenue, Roselle Avenue and Claratina Avenue is the Tivoli Specific Plan, there are two properties with approved Tentative Maps and will require construction of the Sonoma Trunk Extensions.

Phase 1 of the Sonoma Trunk Extension has been completed on Sylvan Avenue, stretching from Wood Sorrel Drive to Aria Way. Phase 2, involving the Lift Station and sewer main improvements on Oakdale Road, is nearing completion, and is expected to be finished by the end of the year. Phases 3 and 4a, which are situated along the future Aria Way, must still be built, and coordinated with upcoming development projects. #20..
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City Council, December 3, 2024
Reject Bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects

The development of approximately 2,900 feet of 24-inch diameter sewer trunk for Phases 3 and 4a of the Sonoma Trunk project will commence on Aria Way, just north of Sylvan Avenue, and extend towards the projected alignment of Mable Avenue. The design and bid of the project were planned to ensure City infrastructure would not impede the timely development of the new subdivisions in the area.

DISCUSSION:

The project was advertised for bids on July 26, 2024. The bids were publicly opened on September 10, 2024, pursuant to City Charter Section 1307.

All bids received were under the engineer's estimate, with the lowest bid being 44.33% below and the highest bid 11.04% below. The City received a total of nine bids, indicating good participation from bidders.

After the City put the project out to bid, the developer acquired both Tentative Map areas and expedited the timeframe for construction of the new subdivisions. To better coordinate the infrastructure in the area, the developer requested the ability to construct the proposed work as part of their construction activities. As is common for large subdivision projects, the developer will be constructing a number of items of public infrastructure related to the development. It will enhance efficiency for the developer to construct the Sonoma Sewer Trunk Phase 3 & 4a as part of their ongoing construction activities, rather than awarding the contract to a different contractor; for this reason, staff recommends rejecting all bids due to the changed circumstances.

In accordance with Modesto Municipal Code 8-3.203, Formal Bid Procedures, the Council shall have the authority to accept or reject any or all bids. The rejection of all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects conforms to Modesto Municipal Code 8-

3.203, subsection (e).

If approved, staff anticipates entering into an agreement with the developer for the construction of the Sonoma Sewer Trunk Phase 3 & 4a, as is standard for this type of situation. The proposed agreement will be brought to Council for approval as part of the approval of the Final Subdivision map.

FISCAL IMPACT:

Should the Council approve the rejection of all bids, City Staff will collaborate with the developer to facilitate the construction of these projects, eliminating the need to re-advertise them for bidding.

ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction $1,500,000
Construction Contingency (10%) $150,000
Construction Administration – City Staff (5%) $75,000
Engineering/Design/Administration – City Staff (3%) $45,000 TOTAL: $1,770,000
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City Council, December 3, 2024
Reject Bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the meeting held on February 28, 2022, where the Committee recommended that an Engineering Services Agreement with O’Dell Engineering be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through the 2019 Wastewater Master Plan Environmental Impact Report (EIR) (SCH # 2016062033) certified by Council on January 28, 2020.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachment:

1. Resolution
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12/3/2023/Utilities/CCiotau/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION REJECTING ALL BIDS FOR THE SONOMA SEWER TRUNK PHASES 3 AND 4A PROJECTS
WHEREAS, the project was advertised for bids on July 26, 2024, and WHEREAS, the bids were publicly opened on September 10, 2024, pursuant to City Charter Section 1307, and
WHEREAS, all bids received were under the engineer's estimate, with the lowest bid being 44.33% below and the highest bid being 11.04% below, and WHEREAS, the City received a total of nine bids, indicating good participation from bidders, and
WHEREAS, after the City put the project out to bid, the developer informed the City that they would be able to construct the proposed work as part of their construction activities, and
WHEREAS, it will enhance efficiency for the developer to construct the Sonoma Sewer Trunk Extension Phase 3 & 4a as part of their ongoing construction activities, rather than award the contract to a different contractor, and WHEREAS, for this reason, staff recommends rejecting all bids, and WHEREAS, in accordance with Modesto Municipal Code 8-3.203, Formal Bid Procedure, the Council shall have the authority to accept or reject any or all bids, and WHEREAS, the rejection of all bids for the Sonoma Sewer Trunk Extension Phase 3 & 4a conforms to Modesto Municipal Code 8-3.203, subsection (e). #20..
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12/3/2023/Utilities/CCiotau/Item X 2 2024-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby rejects all bids received for the Sonoma Sewer Trunk Phases 3 and 4a Projects.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December 2024, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: October 22, 2024
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Hydraulic Wastewater System Modeling Support Services Agreement Carollo Engineers, Inc.

CONTACT: Tim Barahona, Assistant Engineer, [email protected], 209-577-5485 DESCRIPTION:

Consider approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

On September 2, 2014, by Resolution No. 2014-334, Council approved an Agreement with Carollo Engineers, Inc. (Carollo), to update the City’s Wastewater Master Plan.

On July 11, 2017, by Resolution No. 2017-281, Council approved an On-Call Agreement for Hydraulic Wastewater System Modeling Support Services with Carollo, for one year with two oneyear extension options.

On September 28, 2021, by Resolution No. 2021-380, Council approved an On-Call Agreement for Hydraulic Wastewater System Modeling Support Services with Carollo, for one year with two one-year extension options.

DISCUSSION:

The City’s Wastewater System Model is a digital replica of the City’s actual wastewater system infrastructure that Utilities Engineering and Operations staff utilize through the professional services provided by Carollo to run scenarios to determine how the system would respond in various situations, including but not limited to drought conditions, new residential and commercial development and the demands associated with key components going offline. Analysis provided #21..
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City Council Meeting, December 3, 2024
On-Call Hydraulic Wastewater System Modeling Support Services Agreement Carollo Engineers, Inc.

by Carollo aids the Utilities Engineering and Operations staff in making decisions that impact current and long-term operations.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.

However, Modesto Municipal Code Section 8-3.204(d) provides that a purchase may be exempt from the City’s formal bidding requirement where the Purchasing Manager determines that a process other than the formal bid procedure will result in a procurement at the lowest possible cost commensurate with the desired quality.

Here, Carollo is uniquely qualified in that they own the necessary hardware, software, and host the current version of the City’s Wastewater System Model.

The City has been working with Carollo in this capacity for over 15 years, and they have established a strong business relationship with both the Utilities Engineering and Operations staff, consistently demonstrating a high-level working knowledge of the City’s infrastructure.

Therefore, staff recommends that an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since maintaining Carollo as the City’s Hydraulic Wastewater System Modeling Support consultant would ensure the consistency of the analysis provided along with a historical understanding of past modeling scenarios/efforts and avoid the costs that would be associated with establishing the model with a new consultant.

FISCAL IMPACT:

Costs for On-Call Hydraulic Wastewater System Modeling Support Services are not expected to exceed $100,000 per year. The total cost for the proposed three-year Agreement (initial one-year term, with two one-year extension options) is not to exceed $300,000.

No new budget allocations are required at this time, as Task Orders associated with this On-Call Agreement will be project specific and encumbered against existing approved Capital Improvement Program budgets.

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on October 21, 2024, where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

The approval of this Agreement does not constitute a Project for the purposes of the California Environmental Quality Act.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not #21..
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City Council Meeting, December 3, 2024
On-Call Hydraulic Wastewater System Modeling Support Services Agreement Carollo Engineers, Inc.

to exceed $300,000 over three years and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. On-Call Hydraulic Wastewater System Modeling Support Services Agreement

3. Exhibits

4. Bid Waiver Approval Form
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12/03/2024/Utilities/TBarahona/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING AN ON-CALL HYDRAULIC WASTEWATER

SYSTEM MODELING SUPPORT SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., OF SACRAMENTO, CA FOR A ONE-YEAR AGREEMENT

WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL
ESTIMATED AMOUNT OF $100,000, AND A TOTAL AMOUNT NOT TO EXCEED $300,000 OVER THREE YEARS AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City’s Wastewater System Model is a digital replica of the City’s actual wastewater system infrastructure that Utilities Engineering and Operations staff utilize through the professional services provided by Carollo, and WHEREAS, analysis provided by Carollo aids the Utilities Engineering and Operations staff in making decisions that impact current and long-term operations, and 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 follow formal bid procedures, and
WHEREAS, Modesto Municipal Code Section 8-3.204(d) provides that a purchase may be exempt from the City’s formal bidding requirement where the Purchasing Manager determines that a process other than the formal bid procedure will result in a procurement at the lowest possible cost commensurate with the desired quality, and
WHEREAS, Carollo is uniquely qualified in that they own the necessary hardware, software, and host the current version of the City’s Wastewater System Model, and
WHEREAS, the City has been working with Carollo in this capacity for over 15 years, and they have established a strong business relationship with both the Utilities #21..
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12/03/2024/Utilities/TBarahona/Item X 2 2024-XX
Engineering and Operations staff, consistently demonstrating a high-level working knowledge of the City’s infrastructure, and
WHEREAS, staff recommends that an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since maintaining Carollo as the City’s Hydraulic Wastewater System Modeling Support consultant would ensure the consistency of the analysis provided along with a historical understanding of past modeling scenarios/efforts and avoid the costs that would be associated with establishing the model with a new consultant.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a One-Year Agreement with Two One-Year Extension Options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #21..
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12/03/2024/Utilities/TBarahona/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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-1-

ON-CALL HYDRAULIC WASTEWATER SYSTEM MODELING

SUPPORT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CAROLLO ENGINEERS, INC., a Delaware corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Hydraulic Wastewater System Modeling Support Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Hydraulic Wastewater System Modeling Support Services.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #21..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one- (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept an estimated amount of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000) per year, and a total amount not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement. #21..
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates.

Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant’s services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant’s time of performance and cost of Consultant’s personnel and subcontractors maybe made.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Ryan Orgill will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person. #21..
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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
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8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

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

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

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is #21..
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understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

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

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

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

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any #21..
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entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, #21..
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certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Carollo Engineer’s Inc.

Address: 2880 Gateway Oaks Drive
Suite 300
Sacramento, CA 95833
Attention: Ryan Orgill
Phone: (916) 565-4888
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and shall otherwise comply with the other provisions of Exhibit (C) to this Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

15. TERMINATION OF AGREEMENT.

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
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c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of #21..
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Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

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

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any #21..
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other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant's proportionate percentage of fault.

However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 #21..
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($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

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

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #21..
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21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

27. THIRD PARTIES
The services to be preformed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant’s performance of its services hereunder, and no right to assert a claim against Consultant by assignment or indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of Consultant services hereunder.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and CAROLLO ENGINEERS, INC. has caused this agreement to be duly executed as of the Effective Date. #21..
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1 ATTACHMENT A

CITY OF MODESTO
2024 On-Call Hydraulic Modeling Support for the City of Modesto Wastewater System
Scope of Services
Carollo will provide the following services in accordance with the On-Call Wastewater Collection System Hydraulic Modeling project.

Task 1 – Review Background Information and Data
Carollo will review all relevant background information, development plans, and other information related to modeling individual specific requests for services.

Task 2 – Update Hydraulic Model
Carollo will update the hydraulic model to reflect operational changes and improvements to the collection system.

Task 3 – Evaluate System Impacts from Development/Operational Changes Carollo will conduct an evaluation of the impacts to the system from new developments and/or operational changes per direction from City Staff. The exact nature of the evaluations will be determined on a case-by-case basis, depending on the nature of the request.

Task 4 – Modeling Support for CIP Design Projects
Carollo will aid in supporting design projects and evaluation of their impacts to the system. Evaluations will be determined on a case-by-case basis.

Task 5 – Summarize Findings and Recommendations
Carollo will summarize the findings of each evaluation in a letter report. The letter report will document the background and purpose of the analysis, the findings of the evaluation, and recommended improvement projects (if needed) to provided adequate wastewater service to the proposed developments/existing customers.

Task 6 – Hydraulic Model Training
Carollo will provide hydraulic model training to City staff. The training will cover the City’s collection system model.

EXHIBIT A
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ATTACHMENT B
CAROLLO ENGINEERS, INC.

FEE SCHEDULE
California
Hourly Rate
Engineers/Scientists
Assistant Professional $234.00
Professional 288.00
Project Professional 340.00
Lead Project Professional 357.00
Senior Professional 378.00
Technicians
Technicians 176.00
Senior Technicians 245.00
Support Staff
Document Processing / Clerical 156.00
Project Equipment Communication Expense
(PECE) Per DL Hour

16.00 Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2024
$0.67 per mile
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0

EXHIBIT B
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1 Exhibit C:

Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

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

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract 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 the contract of work.
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3 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: October 22, 2024
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Hydraulic Water System Modeling Support Services Agreement West Yost & Associates, Inc.

CONTACT: Tim Barahona, Assistant Engineer, [email protected], 209-577-5485 DESCRIPTION:

Consider approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

On September 2, 2014, by Resolution No. 2014-336, Council approved an Agreement with West Yost & Associates, Inc. (West Yost) to develop a Water System Master Plan.

On February 7, 2017, by Resolution No. 2017-043, Council approved an On-Call Agreement for Hydraulic Water System Modeling Support Services with West Yost, for two years with two oneyear extension options.

On September 28, 2021, by Resolution No. 2021-381, Council approved an On-Call Agreement for Hydraulic Water System Modeling Support Services with West Yost, for one year with two one-year extension options.

DISCUSSION:

The City’s Water System Model is a digital replica of the City’s actual water system infrastructure that Utilities Engineering and Operations staff utilize through the professional services provided by West Yost to run scenarios to determine how the system would respond in various situations, including but not limited to drought conditions, new residential and commercial development and the demands associated with key components going offline. Analysis provided by West Yost aids #22..
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Council Meeting, December 3, 2024
On-Call Hydraulic Water System Modeling Support Services Agreement West Yost & Associates, Inc.

the Utilities Engineering and Operations staff in making decisions that impact current and longterm operations.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.

However, Modesto Municipal Code Section 8-3.204(d) provides that a purchase may be exempt from the City’s formal bidding requirement where the Purchasing Manager determines that a process other than the formal bid procedure will result in a procurement at the lowest possible cost commensurate with the desired quality.

Here, West Yost & Associates, Inc. is uniquely qualified in that they own the necessary hardware, software, and house the current version of the City’s Water System Model.

The City has been working with West Yost & Associates, Inc. in this capacity for over 15 years and they have established a strong business relationship with both the Utilities Engineering and Operations staff, consistently demonstrating a high-level working knowledge of the City’s infrastructure.

Therefore, staff recommends that an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc. should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since maintaining West Yost as the City’s Hydraulic Water System Modeling Support consultant would ensure the consistency of the analysis provided along with a historical understanding of past modeling scenarios/efforts and avoid the costs that would be associated with establishing the model with a new consultant.

FISCAL IMPACT:

Costs for On-Call Hydraulic Water System Modeling Support Services are not expected to exceed $100,000 per year. The total cost for the proposed three-year Agreement (initial one-year term, with two one-year extension options) is not to exceed $300,000.

No new budget allocations are required at this time, as Task Orders associated with this On-Call Agreement will be project specific and encumbered against existing approved Capital Improvement Program budgets.

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on October 21, 2024, where it was recommended that it be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

The approval of this Agreement does not constitute a Project for the purposes of the California Environmental Quality Act.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed #22..
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Council Meeting, December 3, 2024
On-Call Hydraulic Water System Modeling Support Services Agreement West Yost & Associates, Inc.

$300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. On-Call Hydraulic Water System Modeling Support Services Agreement

3. Exhibits

4. Bid Waiver Approval Form
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12/03/2024/Utilities/TBarahona/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING AN ON-CALL HYDRAULIC WATER SYSTEM

MODELING SUPPORT SERVICES AGREEMENT WITH WEST YOST &
ASSOCIATES, INC., OF DAVIS, CA FOR A ONE-YEAR AGREEMENT WITH

TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $100,000, AND A TOTAL AMOUNT NOT TO EXCEED $300,000

OVER THREE YEARS AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City’s Water System Model is a digital replica of the City’s actual water system infrastructure that Utilities Engineering and Operations staff utilize through the professional services provided by West Yost, and WHEREAS, analysis provided by West Yost aids the Utilities Engineering and Operations staff in making decisions that impact current and long-term operations, and 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 follow formal bid procedures, and
WHEREAS, Modesto Municipal Code Section 8-3.204(d) provides that a purchase may be exempt from the City’s formal bidding requirement where the Purchasing Manager determines that a process other than the formal bid procedure will result in a procurement at the lowest possible cost commensurate with the desired quality, and
WHEREAS, West Yost is uniquely qualified in that they own the necessary hardware, software, and host the current version of the City’s Water System Model, and WHEREAS, the City has been working with West Yost in this capacity for over 15 years, and they have established a strong business relationship with both the Utilities #22..
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12/03/2024/Utilities/TBarahona/Item X 2 2024-XX
Engineering and Operations staff, consistently demonstrating a high-level working knowledge of the City’s infrastructure, and
WHEREAS, staff recommends that an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since maintaining West Yost as the City’s Hydraulic Water System Modeling Support consultant would ensure the consistency of the analysis provided along with a historical understanding of past modeling scenarios/efforts and avoid the costs that would be associated with establishing the model with a new consultant.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a One-Year Agreement with Two One-Year Extension Options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #22..
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12/03/2024/Utilities/TBarahona/Item X 3 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December 2024, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ON-CALL HYDRAULIC WATER SYSTEM MODELING

SUPPORT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST & ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Hydraulic Water System Modeling Support Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Hydraulic Water System Modeling Support Services.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #22..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one- (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept an estimated amount of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000) per year, and a total amount not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement. #22..
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant represents that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project. In providing services under this Agreement, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same #22..
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profession currently practicing under similar circumstances at the same time and in the same or similar locality (“Standard of Care”).

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Roberto Vera will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. City shall hold harmless Consultant from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from any reuse or modification of Consultant’s work products and documents other than those of this agreement.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will #22..
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be delivered to City upon the completion or termination of services under the contract. City shall hold harmless Consultant from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from any reuse or modification of data produced by Consultant for purposes other than those of this agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City. #22..
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9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

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

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

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

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
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Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement in a manner consistent with the Standard of Care. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

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

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
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As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
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FOR CONSULTANT: Name: West Yost & Associates, Inc.

Address: 2020 Research Park Drive
Suite 100
Davis, CA 95618
Attention: Roberto Vera
Phone: (916) 306-2212
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
Email: [email protected]

14. INSURANCE REQUIREMENTS.

Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this Agreement and shall otherwise comply with the other provisions of Exhibit (C) to this Agreement. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #22..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such #22..
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subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
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City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

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

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

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs.

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

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

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

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 #22..
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($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

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

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #22..
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21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall comply with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and West Yost & Associates, Inc. has caused this agreement to be duly executed in duplicate as of the Effective Date. #22..
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SCOPE OF SERVICES

ON-CALL HYDRAULIC MODELING SUPPORT
In general, the On-Call Hydraulic Modeling Support services are ancipated to included, but not be limited to the following:

1. Hydraulic evaluaon of:
o Various Capital Improvement Projects (CIPs) and design configuraons (this includes planned and proposed)
o Potenal impacts to water supply from wells taken out of service due to water quality and/or other operaonal issues
o New/alternave water system operaonal scenarios due to: 1) Surface water delivery constraints/pressures, 2) well cluster set point modificaon, 3) different on/off sengs at storage tank booster pump staons or wells, 4) new residenal, commercial, or industrial development
o Impacts to water demand due to newly proposed densificaons and land use changes

2. Development/updang of Standard Operang Procedures (SOPs)

3. Evaluaon of various fire flow demand condions

4. As needed training for City Staff for improved working knowledge of hydraulic model

5. Modeling soware updates/conversions as requested by the City

EXHIBIT A
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(Effective January 1, 2024, through December 31, 2027)

POSITIONS

ENGINEERING
Principal/Vice President $384
Engineer/Scientist/Geologist Manager I / II $362 / $379 Principal Engineer/Scientist/Geologist I / II $326 / $348 Senior Engineer/Scientist/Geologist I / II $294 / $309
Associate Engineer/Scientist/Geologist I / II $244 / $263 Engineer/Scientist/Geologist I / II $190 / $222
Engineering Aide $115
Field Monitoring Services $142
Administrative I / II / III / IV $105 / $131 / $157 / $173

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $377 / $379
Principal Tech Specialist I / II $346 / $358
Senior Tech Specialist I / II $317 / $331
Senior GIS Analyst $286
GIS Analyst $271
Technical Specialist I / II / III / IV $202 / $230 / $258 / $289 Technical Analyst I / II $145 / $173
Technical Analyst Intern $117
Cross-Connection Control Specialist I / II / III / IV $151 / $163 / $184 / $204 CAD Manager $228
CAD Designer I / II $177 / $200

CONSTRUCTION MANAGEMENT
Senior Construction Manager $365
Construction Manager I / II / III / IV $217 / $232 / $246 / $312 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $196 / $217 / $242 / $251 Apprentice Inspector $177
CM Administrative I / II $94 / $128
Field Services $251
2024 - 2027 Billing Rate Schedule

LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice.

EXHIBIT B

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(Effective January 1, 2024, through December 31, 2027)
Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour mimimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2024 - 2027 Billing Rate Schedule

EXHIBIT B

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1 Exhibit C:

Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

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

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract 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 the contract of work.
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3 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: September 17, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Capital Facilities Fees Annual Report for Fiscal Year 2023-24 CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories. (Funding Source: Capital Facilities Fees)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

California Government Code section 66000 et seq., allows a local jurisdiction to establish an impact fee to mitigate the impacts of new development and must have the proper nexus to any project on which they are imposed. These fees may be used for the purchase, construction, expansion, rehabilitation, or acquisition of public facilities, and must be consistent with the adopted fee program, which is typically updated every five years.

Annual reporting of a local agency’s impact fee program is required by Government Code section 660061. The impact fees collected must be segregated from general and other funds containing fees collected for other improvements. Interest on each impact fee fund or account must be credited to that fund or account and be used only for the purpose for which the impact fee was collected. Government Code section 66006(b) further requires that a local agency make the following information available to the public for each separate impact fee fund on an annual basis and that the local agency review that information at a public meeting. A public hearing 1 Mitigation Fee Act- Government Code Section 66006 provides that a local agency that the payment of development fees shall prepare an annual and five-year report detailing the status of those fees. #23..
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City Council, December 3, 2024
Capital Facilities Fees Annual Report for Fiscal Year 2023-24

notice was posted in the Modesto Bee in accordance with applicable law. The law also requires the annual report include the following information for the prior fiscal year and be made available within 180 days after the last day of each fiscal year:
 Describe the type of impact fee in the account or fund.  Identify the amount of the impact fee.
 Provide the beginning and ending balance of the account or fund.  Provide the amount of impact fees collected and interest earned.  Identify each public improvement on which impact fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the impact fee.  Identify an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
 Describe each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned impact fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.  Provide the amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of impact funds made to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

California Government Code Section 66001(d) requires a local agency make all of following findings every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the fee is to be put.
 Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
 Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
 In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

The State of California Government Code Section 66002 requires that local agencies that have developed a fee program to adopt a Capital Improvement Plan (CIP) indicating the approximate location, size, and timing of projects, plus an estimate for the cost of all facilities or improvements to be financed by fees.

The 5-year CIP strives to reflect the goals and policies established by the General Plan by systematically planning, scheduling, managing, monitoring, and financing capital projects to ensure cost-effectiveness and conformity with established policies and adopted Specific Plans.

The CIP guides the funding and construction of all public improvements constructed by the City, including roads, wastewater treatment facilities and lines, water lines, and parks. The CIP #23..
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City Council, December 3, 2024
Capital Facilities Fees Annual Report for Fiscal Year 2023-24

reflects a balance between capital replacement projects that repair, replace, or enhance existing facilities, equipment or infrastructure and capital facility projects that significantly expand or add to the City’s existing fixed assets.

The City’s most recent CIP, Fiscal Year 2024-25, relates the City’s annual capital expenditures to a long-range plan for public improvements. By relating the plan for public improvements to the City’s capacity for funding, and scheduling expenditures over a period of years, the CIP helps maximize the funds available. This type of fiscal management is important during periods where budgetary demand exceeds financial resources.

The City’s CIP projects are financed, in part, by Capital Facilities Fees, as outlined in the description of the Capital Facilities Fees funds. The City’s CIP provides infrastructure to the residents and businesses in Modesto in order to keep pace with ongoing development in, and adjacent to, the community. Estimated projects costs, and the summary of fee apportionment to each impact fee category, are detailed within the adopted Nexus Studies establishing the individual Capital Facilities Fees Program and are on file with the Community and Economic Development Department.

The CIP is updated annually to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development. Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate fee, based on the type of project. The funding and commencement dates for projects are adjusted, as needed, to reflect the needs of the community.

DISCUSSION:

In 1987, the City established an impact fee program and is commonly referred to as the Capital Facilities Fees Program (CFF Program). Since inception, the CFF Program has been updated periodically to reflect the changes in land values, projects, and costs. The CFF Program sets forth the relationship between contemplated future developments, facilities needed to serve future development, and the estimated cost of those improvements based on the current General Plan build-out. Estimated project costs and CFF Program fee category allocation is identified in the 2003, 2011 and, 2019 Program updates.

The City’s CFF Program contains the following seven impact fee categories:
 Streets Capital Facilities Fee – Fund 3410
This fee is collected for roadway improvements such as expressways, interchanges, arterial and collector roads, turn lanes, intersections, and traffic signals.  Public Transportation Capital Facilities Fee – Fund 3420 This fee is collected for new buses, bus shelters, bus stops, the bus maintenance facility, and the northeast transfer station.
 Parks and Air Quality Facilities Fee – Fund 3432
This fee is collected for land and construction costs for neighborhood, community, and regional parks, sports facilities, and community buildings and facilities that reduce automobile travel by facilitating alternative modes of travel such as the Amtrak station #23..
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City Council, December 3, 2024
Capital Facilities Fees Annual Report for Fiscal Year 2023-24

parking lot, park and ride lots, vanpooling, carpooling, Class I bike trails, bike storage, turn lanes, footpaths, and pedestrian accesses.
 Police Capital Facilities Fee – Fund 3440
This fee is collected for the Police Tactical Training Center, police vehicles, parking facilities, communication systems, special equipment, and the future Northeast Area Precinct (to be shared with Fire).
 Fire Capital Facilities Fee – Fund 3450
This fee is collected for fire facility expansions, fire vehicles, special equipment, and the future Northeast Area Precinct (to be shared with Police).  General Government (City Hall and Other Government Facilities) Capital Facilities Fee – Fund 3470
This fee is collected for debt service payments on City Hall, related parking facilities, the corporation yard and related facilities, City vehicles, and the City’s information technology expansion.
 Administration Capital Facilities Fee – Fund 3480
This fee is collected for the administration of the CFF Program. This includes preparation of an Annual CFF Report, preparation of a Five-Year CFF Report, day-to-day management of the CFF Program including preparation of annual CIP budgets, CFF annual inflationary updates, land value analyses and updates and CFF Proformas.

The City’s Capital Facilities Fees Annual Report for Fiscal Year 2023-24 is provided as Attachment 2.

FISCAL IMPACT:

There is no fiscal impact to the General Fund related to the acceptance of the Capital Facilities Fees Annual Report for Fiscal Year 2023-24. Attachment 3 provides a summary of revenues and expenses for the CFF Funds for the fiscal year ending June 30, 2024.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by Council Committee, because it is an annual report.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories.
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City Council, December 3, 2024
Capital Facilities Fees Annual Report for Fiscal Year 2023-24

Approved by:

Jessica Hill,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Capital Facilities Fees Annual Report for Fiscal Year 2023-24

3. Summary of Capital Facilities Fees Revenues and Expenses #23..
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12/3/2024/CEDD/EGarcis//Item # 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION ACCEPTING THE CAPITAL FACILITIES FEES ANNUAL REPORT FOR FISCAL YEAR 2023-24 AND MAKING FINDINGS

RELATED TO EACH OF THE FEE CATEGORIES
WHEREAS, the City of Modesto imposes fees to mitigate the impacts of development, pursuant to Government Code section 66000 et seq.; and WHEREAS, California Government Code sections 66001 and 66006 require cities to annually make certain fee-related information available to the public and findings relating to the necessity of collecting fees for new development; and WHEREAS, the City, in accordance with Government Code section 66006(a) and Section 8-1.904 of the Modesto Municipal Code, established Capital Facilities Fees (CFF) for the purpose of collecting fees to fund the construction of public improvements that will be needed as a result of new development; and WHEREAS, on March 22, 2011, by Resolution No. 2011-105, Council established the nexus for fees imposed by each land use, said nexus and fees were later amended by Resolution No. 2020-464 on September 22, 2020; and WHEREAS, the following fees were established by Resolution No. 2020-407:
 The Streets CFF fund was established to accrue funds for arterial roadways, intersections, expressways, freeway interchanges and associated landscaping, and
 The Public Transportation CFF fund was established to accrue funds for the expansion of the City’s transit system including additional buses and their associated facilities, and
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12/3/2024/CEDD/EGarcia/Item # 2 2024-XX
 The Parks and Air Quality CFF Fund was established to accrue funds to assist in the reduction of automobile travel, specifically for the development of park and ride lots, Class I Bike Trails, pedestrian accesses as well as land and construction costs for neighborhood, community, and regional parks, sports facilities, and community buildings, and  The Police CFF Fund was established to accrue funds for additional policing needs including an additional station, police cars and associated equipment, a northeast area precinct, a training facility, a computer aided dispatch system, and an expanded radio system, and
 The Fire CFF Fund was established to accrue funds for the construction of additional fire stations, fire vehicles, and a new training station, and  The General Government CFF Fund was established to accrue funds for the debt service payments on City Hall, related parking facilities, the corporation yard and related facilities, City vehicles and the City’s information technology expansion; and
WHEREAS, California Government Code Section 66001(d) requires the local agency make specified findings every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted; and WHEREAS, the 5-year Capital Improvement Program (CIP) strives to reflect the goals and policies established by the General Plan by systematically planning, scheduling, managing, monitoring and financing capital projects to ensure cost-effectiveness and conformity with established policies and adopted Specific Plans. The CIP guides the #23..
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12/3/2024/CEDD/EGarcia/Item # 3 2024-XX
funding and construction of all public improvements constructed by the City, including roads, wastewater treatment facilities and lines, water lines, and parks; and WHEREAS, the City’s most recent CIP, Fiscal Year 2024-25, relates the City’s annual capital expenditures to a long-range plan for public improvements. By relating the plan for public improvements to the City’s capacity for funding, and scheduling expenditures over a period of years, the CIP helps maximize the funds available. This type of fiscal management is important during periods where budgetary demands exceeding financial resources; and
WHEREAS, the City’s Capital Improvement Plan (CIP) projects are financed, in part, by Capital Facilities Fees outlined in the description of the Capital Facilities Fees funds. The City’s CIP provide infrastructure to the residents and businesses in Modesto in order to keep pace with ongoing development in, and adjacent to, the community; and WHEREAS, the CIP is updated annually to reflect the current infrastructure needs of the City. As a CIP project is identified, the project is evaluated to determine the portion of the project that will service existing residents and businesses versus new development.

Once the determination of use is made, the percentage of use attributable to new development is then funded by the appropriate development fee, based on the type of project; and
WHEREAS, the Capital Facilities Fee Annual Report for Fiscal Year 2023-24 has been completed and is on file with the City Clerk; and
WHEREAS, a public hearing notice was posted in the Modesto Bee in accordance with applicable law; and
WHEREAS, a public hearing at the City Council in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California was set for #23..
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12/3/2024/CEDD/EGarcia/Item # 4 2024-XX
December 3, 2024, to enable the public to have the opportunity to comment on the CFF collected.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby makes the following findings relating to each of the fee categories in accordance with Government Code Section 66001(d) and 66006(b):
1) The Capital Facilities Fee program, set forth in City Council Resolution No. 2020-407, and incorporated herein by reference, continues to be a necessary program to fund future infrastructure needed for new development. New development generates an increased demand on existing City facilities. In order to mitigate the impacts of that demand, the City improves existing facilities and/or builds new facilities from time to time. The City’s impact fees are charged based on the type of usage. For residential, there is a fee for single family units, and a different fee for each multi family unit. For non-residential uses, the fee is based on the square footage of the project. Accordingly, the fee increases as the estimated demand from the proposed project increases. By Resolution No. 2011-105, Council established the nexus for fees imposed by each land use, said nexus and fees were later amended by Resolution No. 2020-464 on September 22, 2020. The fees are increased by an inflationary measure annually to account for the increased construction costs. 2) The Capital Facilities Fee Annual Report for Fiscal Year 2023-24 reports on the below information for each of the fee categories:
a. The amount of the fee. (Table 1)
b. The beginning and ending balance of the account or fund. (Table 2) c. The amount of the fees collected and the interest earned. (Table 2) #23..
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12/3/2024/CEDD/EGarcia/Item # 5 2024-XX
d. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (Table 10)
3) The CFF revenue anticipated for the full development of infrastructure improvements for new development has not been fully collected to complete the financing of incomplete improvements. It is presently anticipated that there will be no regular sources of funding to develop CFF infrastructure improvements apart from CFF collections.
4) The anticipated dates for the full collection of fees is unknown at this time as fees are based on development activity which is not controlled by the City. 5) The necessary funds for constructing and/or purchasing the following have not yet been accumulated and the approximate date is not yet known, but there is still a need as outlined in Resolution No. 2020-407, and therefore fees should still be collected for the following purposes:
 Additional fire stations, fire vehicles, and a new training station, and  An additional police station, police cars and associated equipment, a northeast area precinct, a training facility, a computer-aided dispatch system, and an expanded radio system, and
 Development of additional regional parks, community centers, neighborhood parks, and the expansion of McClure Country Place, and #23..
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12/3/2024/CEDD/EGarcia/Item # 6 2024-XX
 Debt service payments on City Hall, related parking facilities, the corporation yard and related facilities, City vehicles and the City’s information technology expansion, and
 Reduction of automobile travel, specifically for the development of park and ride lots and Class I Bike Trails, and
 Arterial roadways, intersections, expressway, freeway interchanges and all their associated landscaping, and
 Expansion of the transit system.
6) All reportable fees, collections and expenditures have been received, deposited, invested and expended in compliance with the relevant sections of the California Government Code and all other applicable laws for the Fiscal Year 2023-24. 7) No refunds and allocations of reportable fees, as required by California Government Code section 66001, are deemed payable at this time.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby accepts the Fiscal Year 2023-24 Capital Facilities Fees Report as described in Attachment 2.
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12/3/2024/CEDD/EGarcis//Item # 7 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto Capital Facilities Fees Annual Report
Fiscal Year 2023-24
Prepared By:

Community & Economic Development
Infrastructure Financing Program
December 2024
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CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
2 Table of Contents
LEGAL REQUIREMENTS ................................................................................................................................. 3 A. What Are Impact Fees? .................................................................................................................... 3 B. Establishing An Impact Fee Program ............................................................................................... 3 C. Adoption of a Capital Improvement Program ................................................................................. 3 D. Reporting .......................................................................................................................................... 4 DESCRIPTION OF CAPITAL FACILITIES FEES .................................................................................................. 5 FISCAL YEAR 2023-24 CURRENT FEE SCHEDULES ........................................................................................ 6 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ............... 7 FIVE YEAR REVENUE AND EXPENSE HISTORY .............................................................................................. 7 DEFERRED CAPITAL FACILITIES FEES ............................................................................................................ 7 EXEMPTIONS................................................................................................................................................. 8 REFUNDS ....................................................................................................................................................... 8 CREDITS ......................................................................................................................................................... 8 TRANSFERS ................................................................................................................................................... 9 CAPITAL IMPROVEMENT PROJECTS ............................................................................................................. 9 EXEMPTIONS FOR ACCESSORY DWELLING UNITS (ADUs) .......................................................................... 9 REDUCTION OF CAPITAL FACILITIES FEES .................................................................................................. 10 Table 1a: Fee Schedules Effective July 1, 2023 through August 31, 2023 ........................................ 11 Table 1b: Fee Schedules Effective September 1, 2023 through June 30, 2024 ................................ 14 Table 2: Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year Ended June 30, 2024 ........................................................................................................................... 17 Table 3: Five Year Revenue History ................................................................................................... 18 Table 4: Five Year Expenditure History .............................................................................................. 19 Table 5: Five Year Revenue and Expenditure History ....................................................................... 20 Table 6: Multifamily, Commercial and Industrial Deferrals .............................................................. 21 Table 7a: Low Income Deferrals/Exemptions ................................................................................... 22 Table 7b: Refunds ............................................................................................................................... 23 Table 8: Credits for Previously Existing Buildings ............................................................................. 24 Table 9: Transfers within Capital Facilities Fees Funds ..................................................................... 26 Table 10: Capital Improvement Program (CIP) Expenditures ........................................................... 27 #23..
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CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
3 Table 11a: Exemptions for Accessory Dwelling Units ....................................................................... 28 Table 11b: Exemptions for Accessory Dwelling Units ....................................................................... 32

LEGAL REQUIREMENTS
A. What Are Impact Fees?
California Government Code §66000 allows a local jurisdiction to establish an impact fee to mitigate the impacts of new development. These fees may be used for the purchase, construction, expansion, rehabilitation, or acquisition of public facilities, and must be consistent with the adopted fee program, which is updated every five years.

New development increases the demand for health and safety service provided by a city, affects the quality of the community’s infrastructure, and increases the need for public facilities. Typically, impact fees are paid to a city at the time a building permit is issued and assist in paying for the cumulative impact of new development through infrastructure improvements and additions. Facilities partly funded by impact fees include police, fire and administrative buildings, park sites, bike trails, public landscape areas, community centers, transportation and transit facilities and roadway improvements. Impact fees cannot be used for maintenance of existing or future city facilities.

B. Establishing An Impact Fee Program
The City of Modesto (“City”) impact fee program, more commonly known as the Capital Facilities Fees Program (“CFF Program”), was established in 1987 and has been updated periodically to reflect the changes in land values, projects and costs. Impact fees imposed on new development must have the proper nexus to any project on which they are imposed. The CFF Program sets forth the relationship between contemplated future developments, facilities needed to serve future development and the estimated cost of those improvements based on the current General Plan for build-out. Estimated project costs and the summary of fee apportionment for each CFF Program fee category are identified in the 2003, 2011, 2019 and 2020 CFF Program updates.

C. Adoption of a Capital Improvement Program
California Government Code §66002 requires local agencies that have implemented an impact fee program to adopt a Capital Improvement Program (CIP) indicating the approximate location, size, and time of projects, plus an estimate for the costs of all facilities or improvements to be financed by the impact fees. At a minimum, a formal CIP #23..
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CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
4 is recommended as a five-year plan. The City annually produces a five-year CIP which assists in maintaining and updating the City’s General Plan.

The City’s CIP connects annual capital expenditures to a long-range plan for public improvements. The City’s CIP also assists in maximizing the funds available, connecting the plan for public improvements to the City’s capacity for funding, and projecting expenditures over a period of years. This type of fiscal management is particularly important during periods where budgetary demands exceed financial resources. The City’s CIP is financed in part by the impact fees collected through the CFF Program.

D. Reporting
Annual reporting of a local agency’s impact fee program is required by Government Code §66006. The impact fees collected must be segregated from general and other funds containing fees collected for other improvements. Interest on each impact fee fund or account must be credited to that fund or account and be used only for the purpose for which the impact fee was collected.

California Government Code §66006(b) requires that a local agency make the following information available to the public for each separate impact fee fund on an annual basis and that the local agency review that information at a public meeting. The law also requires the annual report include the following information for the prior Fiscal Yearand be made available within 180 days after the last day of each fiscal year:
 Describe the type of impact fee in the account or fund.  Identify the amount of the impact fee.
 Provide the beginning and ending balance of the account or fund.  Provide the amount of impact fees collected and interest earned.  Identify each public improvement on which impact fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the impact fee.  Identify an approximate date by which the construction of the public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.
 Describe each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned impact fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan.  Provide the amount of refunds made due to sufficient funds being collected to complete financing on incomplete public improvements, and the amount of #23..
- 829 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
5 reallocation of impact funds made to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

If an agency no longer needs the funds for the purposes collected or fails to make the required findings or perform certain administrative tasks prescribed, the agency may be required to refund, on a prorated basis to owners of the properties upon which the impact fees for the improvement were imposed, the monies collected for that project and any interest earned on those funds.

California Government Code §66001(d) also requires that the local agency make all of the following findings every fifth year with respect to that portion of the account remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the impact fee is to be allocated.  Demonstrate a reasonable relationship between the impact fee and the purpose for which is it charged.
 Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements.
 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.
 In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the impact fee and the cost of the public facility or portion of the public facility attributable to the development on which the impact fee is imposed.

DESCRIPTION OF CAPITAL FACILITIES FEES
The CFF Program mitigates the impacts associated with new development on certain public facilities. The CFF Program is used to finance the acquisition, construction, and improvement of public facilities as a result of new development. The City has the following CFF Program fee categories:

Streets Capital Facilities Fee – Fund 3410
This fee is collected for roadway improvements such as expressways, interchanges, arterial and collector roads, turn lanes, intersections and traffic signals.

Public Transportation Capital Facilities Fee – Fund 3420 This fee is collected for new buses, bus shelters, bus stops, the bus maintenance facility, and the northeast transfer station.
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- 830 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
6 Air Quality and Parks Facilities Fee – Fund 3432
This fee is collected for facilities that reduce automobile travel by facilitating alternative modes of travel such as the Amtrak station parking lot, park and ride lots, vanpooling, carpooling, Class I bike trails, bike storage, turn lanes, footpaths, and pedestrian accesses as well as land and construction costs for neighborhood, community, and regional parks, sports facilities, and community buildings.

Police Capital Facilities Fee – Fund 3440
This fee is collected for the Police Tactical Training Center, police vehicles, parking facilities, communication systems, special equipment, and the future Northeast Area Precinct (to be shared with Fire).

Fire Capital Facilities Fee – Fund 3450
This fee is collected for fire facility expansions, fire vehicles, special equipment, and the future Northeast Area Precinct (to be shared with Police).

City Hall and Other Government Facilities Capital Facilities Fee – Fund 3470 This fee is collected for debt service payments on City Hall, related parking facilities, the corporation yard and related facilities, City vehicles, and the City’s information technology expansion.

Administration Capital Facilities Fee – Fund 3480
This fee is collected for the administration of the CFF Program. This includes preparation of an Annual CFF Program Report, preparation of a Five-Year CFF Report, day-to-day management of the CFF Program including preparation of annual CIP budgets, CFF Program annual inflationary updates, land value analyses and updates and CFF Program Proformas.

FISCAL YEAR 2023-24 CURRENT FEE SCHEDULES
The current CFF Program allows for an annual inflationary adjustment equal to the increase in the annual change in the San Francisco Bay Area Engineering News Record (ENR) Construction Cost Index (CCI) through the month of December of the preceding year. Based on the ENR CCI, the CFF fee schedule was not adjusted from the previous fiscal year. Table 1a reflects the breakdown of the CFFs for the Fiscal Year 2023-24 from July 1, 2023 to August 31, 2023 by the following fee dwelling area: City Limits, Sphere of Influence and Downtown Economic Incentive.

Table 1b reflects the breakdown of the CFFs for the Fiscal year 2023-24 from September 1, 2023 to June 30, 2024 by the following fee dwelling area: City Limits, Sphere of Influence, and Downtown Economic Incentive. The tables presented will reflect both fee schedules where applicable.
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- 831 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
7 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES1
The Combining Statement of Revenues, Expenditures and Changes in Fund Balances provided in Table 2 outlines the beginning and ending balance of each fund for Fiscal Year 2023-

24. Expenditures are identified by general categories. All revenue, unless collected under the deferral program, is collected at the time a building permit is issued. Since the CFF Program is a “pay-as-you-go” program, the City must accrue enough revenue prior to commencing construction of a project, resulting in an “aging” of fund balances. The aging or accumulation occurs until enough revenue has been collected to construct a project.

FIVE YEAR REVENUE AND EXPENSE HISTORY
As previously discussed, most revenue is collected when a building permit is issued for new development. Tables 3 and 4 provide a five-year snapshot of the CFF Program revenues and expenditures, respectively. Table 5 offers a combined picture of revenues, expenses and fund balance levels over the past five years.

DEFERRED CAPITAL FACILITIES FEES
Multi-Family, Commercial and Industrial
CFF Deferral Programs for Multi-Family, Commercial, and Industrial developments have been in place since 1991. Deferrals assist in off-setting the cost of new development by allowing applicants to pay a portion of the CFF due at the time of building permit issuance and the balance, plus interest, over a predetermined period of time. Table 6 details the four (4) active deferrals in Fiscal Year 2023-24.

Single-Family Residential
The Single-Family Deferral Program allows applicants to pay a portion of their fees due at the time of building permit issuance and defer payment of the CFF, water connection and wastewater capacity fees until final inspection. There were no Single-Family Residential Deferrals in Fiscal Year 2023-24.
1 Financial data is current as of November 1, 2024
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- 832 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
8 EXEMPTIONS
The City of Modesto encourages the construction of Very-Low and Low Income Housing development projects within the City. CFF exemptions can be provided to the Housing Authority of Stanislaus or to Community Housing Development Organizations (CHDO) for the development of low and very-low income households (under 60% of the area median income). As Table 7a indicates, there was one (1) exemption processed in Fiscal Year 2023-24:
 In accordance with CFF Policies and Procedures for Very Low Income Housing projects, on December 26, 2023, the City of Modesto recorded the executed CFF exemption agreement with Free Will Baptist Church for its project at 225 E. Orangeburg Avenue.

The project provides nine (9) multi-family residential housing units for very-low income households with less than 50% of the Area Median Income. The property will consist of affordable residential untis that must be maintained as affordable to low-income households for a period of 10 years.

REFUNDS
There can be instances when CFFs collected may be refunded if a building permit expires, is revoked, voluntarily surrendered or voided, and no construction or improvement of land has commenced. In addition, CFF paid for placement of Trailers may be refunded if requested in writing with six years of payment, minus the administration component. There were no CFF refunds made in Fiscal Year 2023-24, as shown on Table 7b.

CREDITS
CFF credits are granted when previously existing building(s) are removed and new building(s) are constructed. These credits may off-set up to but not more than 100% of the CFF due for the new development. Moreover, additional square footage added shall be subject to payment of applicable CFF at building permit issuance.

In Fiscal Year 2022-23, there were a total of eight (8) credits, and in three (3) cases credits for previously existing buildings had to pay the difference between the CFF due and CFF credit:
 140 E. Granger Avenue
Site of former medical building and two single-family homes. Two residential dwellings and medical building were demolished and medical building rebuilt with a greater building footprint (square footage). Permit was credited based on the original fees paid.

Balance of CFF due were based on the additional square footage to the project. A CFF payment of $42,915.22 was collected at building permit issuance. #23..
- 833 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
9  309 E. Roseburg Avenue
Two single-family dwellings demolished and rebuilt with 2 additional dwellings units.

Permit was credited based on the original fees paid. Balance of CFF due were based on the additional dwelling units added on this property. A CFF payment of $24,470.00 was collected at building permit issuance.
 906 Imperial Avenue
Previous church building was demolished and new general office building was built with a greater building footprint (square footage). Permit was credited based on the original fees paid, and balance of CFF due were based on the additional square footage to the project. A CFF payment of $34,147.39 was collected at building permit issuance.

Table 8 details the credits provided in Fiscal Year 2023-24.

TRANSFERS
A total of eleven (11) inter-fund transfers occurred in Fiscal Year 2023-24.

Table 9 offers details of each transfer.

CAPITAL IMPROVEMENT PROJECTS
Information on projects funded by the CFF Program can be found in Table 10. The information in the table includes a listing of current projects, estimated construction start and end dates, estimated project costs, percentage of project funded by the CFF Program and general accounting information.

EXEMPTIONS FOR ACCESSORY DWELLING UNITS (ADUs)
California law (Government Code §65852.2) exempts an Accessory Dwelling Unit (ADU) less than 750 sq. ft from CFF and requires that fees for an ADU over 750 sq. ft. be charged proportionately in relation to the square footage of the primary dwelling unit. Table 11a and 11b lists all ADUs for Fiscal Year 2023-24. There were a total of one-hundred and ten (110) ADUs issued permits, this includes permits for ADUs within the City of Modesto’s Sphere of Influence.

In Fiscal Year 2023-24, there were ten (10) ADUs which were developed more than 750 square feet and due CFF. One (1) of these permits were charged proptionately based on ADU size in relation to the primary unit: 313 Hastings Lane
There are occasions in which an ADU has a higher proportionate rate. Per the City’s CFF Policies and Procedures, in no event shall the impact fee for the ADU exceed the CFF rate for Multi-Family #23..
- 834 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
10 residential. In Fiscal Year 2023-24 we had nine (9) charged at the multi-family rate: 1925 W.

Rumble Road, 718 Benson Avenue, 1228 Enslen Avenue, 144 Covena Avenue, 1500 Mawana Court, 414 Bodem Street, 225 Barozzi Avenue, 1510 Oregon Avenue, & 309 E. Roseburg Avenue.

REDUCTION OF CAPITAL FACILITIES FEES
An applicant may request a reduction in the CFF if it is determined that the project will generate a lower number of trips than the trip generation rates that were used as the basis for the current CFF. Any such fee reduction must be based on a trip generation study, using accepted methodology, as determined by the City. The fee reduction shall be no greater than a proportionate reduction in trips demonstrated in the trip generation study. Any such reduction shall be approved by the City Manager. There were no CFF reductions granted Fiscal Year 2023-

24. #23..
- 835 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
11 Table 1a: Fee Schedules Effective July 1, 2023 through August 31, 2023 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ 7,605 $ 110 $ 6,966 $ 706 $ 440 $ 583 $ 330 $ 16,740 Multi-Family Residential Dwelling Unit $ 5,267 $ 77 $ 4,792 $ 426 $ 203 $ 357 $ 179 $ 11,301 Senior Housing Dwelling Unit $ 4,589 $ 42 $ 4,675 $ 415 $ 199 $ 350 $ 126 $ 10,395 Hotel/Motel Room $ 3,954 $ 69 $ - $ 161 $ 77 $ 135 $ 100 $ 4,496 Retail <50,000 SF 1,000 SF $ 11,434 $ 227 $ - $ 191 $ 93 $ 161 $ 309 $ 12,416 Retail 50,000-100,000 SF 1,000 SF $ 9,493 $ 187 $ - $ 192 $ 91 $ 161 $ 256 $ 10,380 Retail 100,000-300,000 SF 1,000 SF $ 8,011 $ 158 $ - $ 193 $ 93 $ 162 $ 217 $ 8,833 Retail >300,000 SF 1,000 SF $ 7,474 $ 145 $ - $ 192 $ 92 $ 162 $ 204 $ 8,268 Medical Office 1,000 SF $ 14,443 $ 289 $ - $ 321 $ 154 $ 268 $ 398 $ 15,871 General Office 1,000 SF $ 6,988 $ 124 $ - $ 320 $ 153 $ 268 $ 181 $ 8,035 Hospital 1,000 SF $ 10,128 $ 179 $ - $ 320 $ 154 $ 269 $ 252 $ 11,301 Daycare 1,000 SF $ 5,593 $ 98 $ - $ 320 $ 154 $ 268 $ 146 $ 6,579 Church 1,000 SF $ 1,192 $ 21 $ - $ 325 $ 155 $ 273 $ 41 $ 2,007 Nursing Home 1,000 SF $ 1,745 $ 30 $ - $ 323 $ 155 $ 272 $ 54 $ 2,579 Industrial (Manufacturing) 1,000 SF $ 2,709 $ 47 $ - $ 137 $ 66 $ 115 $ 70 $ 3,144 Industrial (Warehousing) 1,000 SF $ 1,900 $ 33 $ - $ 138 $ 66 $ 115 $ 51 $ 2,303 FY 2023-2024 CFF PROGRAM - Development within City Limits Streets Transit Police Fire General Gov’t. Admin Total Unit Measure Per #23..
- 836 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
12 Table 1a, cont’d: Fee Schedules Effective July 1, 2023 through August 31, 2023 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ 8,269 $ 88 $ 1,676 $ - $ - $ - $ 213 $ 10,246 Multi-Family Residential Dwelling Unit $ 5,951 $ 64 $ 1,062 $ - $ - $ - $ 145 $ 7,222 Senior Housing Dwelling Unit $ 3,481 $ 38 $ 1,163 $ - $ - $ - $ 116 $ 4,798 Hotel/Motel Room $ 4,169 $ 44 $ - $ - $ - $ - $ 62 $ 4,275 Retail <50,000 SF 1,000 SF $ 11,895 $ 124 $ - $ - $ - $ - $ 173 $ 12,192 Retail 50,000-100,000 SF 1,000 SF $ 9,902 $ 104 $ - $ - $ - $ - $ 145 $ 10,151 Retail 100,000-300,000 SF 1,000 SF $ 8,394 $ 90 $ - $ - $ - $ - $ 122 $ 8,606 Retail >300,000 SF 1,000 SF $ 7,842 $ 84 $ - $ - $ - $ - $ 115 $ 8,041 Medical Office 1,000 SF $ 15,121 $ 161 $ - $ - $ - $ - $ 222 $ 15,504 General Office 1,000 SF $ 7,401 $ 77 $ - $ - $ - $ - $ 114 $ 7,592 Hospital 1,000 SF $ 10,590 $ 112 $ - $ - $ - $ - $ 160 $ 10,862 Daycare 1,000 SF $ 5,972 $ 64 $ - $ - $ - $ - $ 91 $ 6,127 Church 1,000 SF $ 1,429 $ 14 $ - $ - $ - $ - $ 31 $ 1,475 Nursing Home 1,000 SF $ 2,016 $ 21 $ - $ - $ - $ - $ 38 $ 2,075 Industrial (Manufacturing) 1,000 SF $ 2,881 $ 30 $ - $ - $ - $ - $ 43 $ 2,955 Industrial (Warehousing) 1,000 SF $ 2,056 $ 22 $ - $ - $ - $ - $ 32 $ 2,111 Fire Admin Total
FY 2023-2024 CFF PROGRAM - Development within City’s Sphere of Influence General Gov’t. Unit Measure Per Streets Transit Police
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- 837 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
13 Table 1a, cont’d: Fee Schedules Effective July 1, 2023 through August 31, 2023 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ - $ 111 $ 6,965 $ 707 $ 440 $ 582 $ 330 $ 9,135 Multi-Family Residential Dwelling Unit $ - $ 77 $ 4,793 $ 426 $ 203 $ 357 $ 179 $ 6,034 Senior Housing Dwelling Unit $ - $ 41 $ 4,675 $ 414 $ 199 $ 350 $ 126 $ 5,805 Hotel/Motel Room $ - $ 69 $ - $ 161 $ 77 $ 135 $ 100 $ 542 Retail <50,000 SF 1,000 SF $ - $ 228 $ - $ 192 $ 93 $ 162 $ 309 $ 983 Retail 50,000-100,000 SF 1,000 SF $ - $ 187 $ - $ 192 $ 91 $ 161 $ 257 $ 888 Retail 100,000-300,000 SF 1,000 SF $ - $ 157 $ - $ 193 $ 92 $ 162 $ 217 $ 822 Retail >300,000 SF 1,000 SF $ - $ 145 $ - $ 192 $ 91 $ 162 $ 204 $ 794 Medical Office 1,000 SF $ - $ 289 $ - $ 320 $ 154 $ 268 $ 398 $ 1,428 General Office 1,000 SF $ - $ 124 $ - $ 320 $ 154 $ 268 $ 180 $ 1,046 Hospital 1,000 SF $ - $ 178 $ - $ 320 $ 154 $ 269 $ 251 $ 1,172 Daycare 1,000 SF $ - $ 98 $ - $ 320 $ 154 $ 269 $ 146 $ 987 Church 1,000 SF $ - $ 21 $ - $ 324 $ 155 $ 273 $ 41 $ 815 Nursing Home 1,000 SF $ - $ 30 $ - $ 323 $ 155 $ 272 $ 54 $ 834 Industrial (Manufacturing) 1,000 SF $ - $ 47 $ - $ 137 $ 66 $ 115 $ 70 $ 435 Industrial (Warehousing) 1,000 SF $ - $ 33 $ - $ 138 $ 66 $ 115 $ 51 $ 404 Unit Measure Per Streets Transit Police Fire General Gov’t. Admin Total FY 2023-2024 CFF PROGRAM - Development within the Downtown Economic Incentives Program #23..
- 838 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
14 Table 1b: Fee Schedules Effective September 1, 2023 through June 30, 2024 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ 8,244 $ 120 $ 7,551 $ 766 $ 477 $ 631 $ 357 $ 18,146 Multi-Family Residential Dwelling Unit $ 5,709 $ 83 $ 5,195 $ 462 $ 220 $ 387 $ 194 $ 12,250 Senior Housing Dwelling Unit $ 4,975 $ 45 $ 5,067 $ 450 $ 215 $ 380 $ 136 $ 11,268 Hotel/Motel Room $ 4,287 $ 75 $ - $ 174 $ 83 $ 146 $ 109 $ 4,874 Retail <50,000 SF 1,000 SF $ 12,394 $ 246 $ - $ 207 $ 101 $ 175 $ 335 $ 13,459 Retail 50,000-100,000 SF 1,000 SF $ 10,290 $ 203 $ - $ 208 $ 99 $ 174 $ 278 $ 11,252 Retail 100,000-300,000 SF 1,000 SF $ 8,684 $ 171 $ - $ 209 $ 101 $ 175 $ 236 $ 9,575 Retail >300,000 SF 1,000 SF $ 8,102 $ 157 $ - $ 208 $ 99 $ 176 $ 221 $ 8,963 Medical Office 1,000 SF $ 15,654 $ 313 $ - $ 347 $ 167 $ 291 $ 432 $ 17,204 General Office 1,000 SF $ 7,576 $ 134 $ - $ 347 $ 166 $ 291 $ 196 $ 8,710 Hospital 1,000 SF $ 10,978 $ 194 $ - $ 347 $ 167 $ 292 $ 273 $ 12,250 Daycare 1,000 SF $ 6,063 $ 106 $ - $ 347 $ 167 $ 291 $ 158 $ 7,132 Church 1,000 SF $ 1,292 $ 23 $ - $ 352 $ 168 $ 296 $ 45 $ 2,176 Nursing Home 1,000 SF $ 1,892 $ 33 $ - $ 351 $ 168 $ 295 $ 58 $ 2,796 Industrial (Manufacturing) 1,000 SF $ 2,937 $ 51 $ - $ 149 $ 71 $ 124 $ 76 $ 3,408 Industrial (Warehousing) 1,000 SF $ 2,058 $ 36 $ - $ 150 $ 71 $ 125 $ 56 $ 2,496 FY 2023-2024 CFF PROGRAM - Development within City Limits Unit Measure Per Streets Transit Police Fire General Gov’t. Admin Total #23..
- 839 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
15 Table 1b, cont’d: Fee Schedules Effective September 1, 2023 through June 30, 2024 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ 8,963 $ 96 $ 1,817 $ - $ - $ - $ 231 $ 11,107 Multi-Family Residential Dwelling Unit $ 6,451 $ 69 $ 1,152 $ - $ - $ - $ 157 $ 7,829 Senior Housing Dwelling Unit $ 3,774 $ 41 $ 1,260 $ - $ - $ - $ 126 $ 5,201 Hotel/Motel Room $ 4,519 $ 47 $ - $ - $ - $ - $ 68 $ 4,634 Retail <50,000 SF 1,000 SF $ 12,894 $ 135 $ - $ - $ - $ - $ 188 $ 13,216 Retail 50,000-100,000 SF 1,000 SF $ 10,734 $ 112 $ - $ - $ - $ - $ 157 $ 11,004 Retail 100,000-300,000 SF 1,000 SF $ 9,100 $ 97 $ - $ - $ - $ - $ 132 $ 9,329 Retail >300,000 SF 1,000 SF $ 8,500 $ 92 $ - $ - $ - $ - $ 125 $ 8,716 Medical Office 1,000 SF $ 16,391 $ 175 $ - $ - $ - $ - $ 240 $ 16,806 General Office 1,000 SF $ 8,023 $ 83 $ - $ - $ - $ - $ 123 $ 8,230 Hospital 1,000 SF $ 11,480 $ 121 $ - $ - $ - $ - $ 173 $ 11,774 Daycare 1,000 SF $ 6,474 $ 69 $ - $ - $ - $ - $ 99 $ 6,642 Church 1,000 SF $ 1,549 $ 16 $ - $ - $ - $ - $ 34 $ 1,599 Nursing Home 1,000 SF $ 2,185 $ 23 $ - $ - $ - $ - $ 41 $ 2,249 Industrial (Manufacturing) 1,000 SF $ 3,123 $ 33 $ - $ - $ - $ - $ 47 $ 3,203 Industrial (Warehousing) 1,000 SF $ 2,229 $ 24 $ - $ - $ - $ - $ 35 $ 2,288 FY 2023-2024 CFF PROGRAM - Development within City’s Sphere of Influence Unit Measure Per Streets Transit Police Fire General Gov’t. Admin Total #23..
- 840 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
16 Table 1b, cont’d: Fee Schedules Effective September 1, 2023 through June 30, 2024 Fee Parks and Category Air Quality
Single-Family Residential Dwelling Unit $ - $ 120 $ 7,550 $ 766 $ 477 $ 631 $ 357 $ 9,902 Multi-Family Residential Dwelling Unit $ - $ 83 $ 5,196 $ 462 $ 220 $ 387 $ 194 $ 6,541 Senior Housing Dwelling Unit $ - $ 45 $ 5,068 $ 449 $ 215 $ 379 $ 137 $ 6,293 Hotel/Motel Room $ - $ 75 $ - $ 174 $ 83 $ 146 $ 109 $ 588 Retail <50,000 SF 1,000 SF $ - $ 247 $ - $ 208 $ 100 $ 175 $ 335 $ 1,066 Retail 50,000-100,000 SF 1,000 SF $ - $ 203 $ - $ 208 $ 99 $ 174 $ 278 $ 963 Retail 100,000-300,000 SF 1,000 SF $ - $ 171 $ - $ 209 $ 100 $ 175 $ 235 $ 891 Retail >300,000 SF 1,000 SF $ - $ 157 $ - $ 208 $ 99 $ 175 $ 221 $ 861 Medical Office 1,000 SF $ - $ 313 $ - $ 347 $ 167 $ 290 $ 431 $ 1,548 General Office 1,000 SF $ - $ 134 $ - $ 347 $ 167 $ 291 $ 195 $ 1,134 Hospital 1,000 SF $ - $ 193 $ - $ 347 $ 167 $ 291 $ 272 $ 1,270 Daycare 1,000 SF $ - $ 106 $ - $ 347 $ 167 $ 291 $ 158 $ 1,070 Church 1,000 SF $ - $ 23 $ - $ 351 $ 168 $ 296 $ 45 $ 883 Nursing Home 1,000 SF $ - $ 33 $ - $ 350 $ 168 $ 295 $ 58 $ 904 Industrial (Manufacturing) 1,000 SF $ - $ 51 $ - $ 149 $ 71 $ 125 $ 76 $ 472 Industrial (Warehousing) 1,000 SF $ - $ 36 $ - $ 150 $ 71 $ 125 $ 56 $ 438 FY 2023-2024 CFF PROGRAM - Development within the Downtown Economic Incentives Program Unit Measure Per Streets Transit Police Fire General Gov’t. Admin Total #23..
- 841 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
17 Table 2: Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year Ended June 30, 20242
*See
2 Financial data is current as of November 1, 2024 – see Table 9 for Transfers. 3410 3420 3430 3432 3440 3450 3460 3470 3480
Streets Public Transp. Air Quality Parks & Air Quality Police Fire Parks General Gov't Admin. Total REVENUES:

Intergovernmental $ (417,948) $ - $ - $ - $ - $ - $ - $ - $ - $ (417,948) Fees Coll ected $ 3,649,898 $ 64,721 $ - $ 731,604 $ 165,438 $ 83,102 $ - $ 137,598 $ 105,453 $ 4,937,814 Interest and Rent $ 784,387 $ 13,964 $ - $ 273,692 $ 6,225 $ 2,149 $ - $ 4,211 $ 6,462 $ 1,091,090 Net Change in Fair Value of Investments $ 691,952 $ 12,524 $ - $ 259,546 $ 5,894 $ 2,020 $ - $ 3,853 $ 5,081 $ 980,870 Miscel laneous $ 16,885 $ - $ - $ - $ - $ - $ - $ - $ 16,885 TOTAL REVENUES $ 4,725,174 $ 91,209 $ - $ 1,264,842 $ 177,557 $ 87,271 $ - $ 145,662 $ 116,996 $ 6,608,711 EXPENDITURES:

Current:

General Gov’t. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Community Development $ - $ - $ - $ - $ - $ - $ - $ - $ 16,066 $ 16,066 Hi ghways and Streets $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Public Works $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Parks and Recreation $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Public Safety $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Capital Outl ay: $ -
Community Development $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Hi ghways and Streets $ 2,661,728 $ - $ - $ - $ - $ - $ - $ - $ - $ 2,661,728 Parks and Recreation $ - $ - $ - $ - $ - $ - $ 100,250 $ - $ - $ 100,250 TOTAL EXPENDITURES $ 2,661,728 $ - $ - $ - $ - $ - $ 100,250 $ - $ 16,066 $ 2,778,044 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES $ 2,063,446 $ 91,209 $ - $ 1,264,842 $ 177,557 $ 87,271 $ (100,250) $ 145,662 $ 100,930 $ 3,830,667 OTHER FINANCING SOURCES (USES) Transfers In $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Transfers Out 1
$ (1,743,304) $ - $ - $ (987,505) $ (373,000) $ (10,487) $ - $ (258,000) $ - $ (3,372,296) Sal e of Assets $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTAL OTHER FINANCING SOURCES $ (1,743,304) $ - $ - $ (987,505) $ (373,000) $ (10,487) $ (258,000) - $ $ - $ (3,372,296) EXCESS (DEFICIENCY) OF REVENUES & OTHER USES $ 320,142 $ 91,209 $ - $ 277,337 $ (195,443) $ 76,784 $ (100,250) $ (112,338) $ 100,930 $ 458,371 FUND BALANCES, July 1 $ 34,757,948 $ 543,434 $ - $ 8,543,445 $ 204,532 $ (380,926) $ 2,756,710 $ 119,562 $ 189,229 $ 46,733,934 PRIOR PERIOD ADJUSTMENT $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - FUND BALANCES, June 30 $ 35,078,090 $ 634,643 $ - $ 8,820,782 $ 9,089 $ (304,142) $ 2,656,460 $ 7,224 $ 290,159 $ 47,192,305 FY 2023-24
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- 842 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
18 Table 3: Five Year Revenue History Fund 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Five Year Total FUND 3410 – STREETS Fees Collected $ 2,902,289 $ 3,522,904 $ 4,555,401 $ 2,463,578 $ 3,649,898 $ 17,094,070 Grant Monies $ 8,672,922 $ (3,495,247) $ 948,142 $ 5,386,673 $ (417,948) $ 11,094,542 All Other Revenue Sources $ 686,256 $ 26,665 $ (727,444) $ 234,398 $ 1,493,224 $ 1,713,099 Subtotal $ 12,261,467 $ 54,322 $ 4,776,099 $ 8,084,649 $ 4,725,174 $ 29,901,711 FUND 3420 – PUBLIC TRANSPORTATION
Fees Collected $ 45,152 $ 54,546 $ 70,380 $ 31,242 $ 64,721 $ 266,041 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 13,128 $ 126 $ (13,976) $ 5,417 $ 26,488 $ 31,183 Subtotal $ 58,280 $ 54,672 $ 56,404 $ 36,659 $ 91,209 $ 297,224 FUND 3430 – AIR QUALITY MITIGATION
Fees Collected $ 161,162 $ 25,814 $ 3,528 $ - $ - $ 190,504 Grant Monies $ 12,879 $ - $ - $ - $ - $ 12,879
All Other Revenue Sources $ 14,453 $ 113 $ (2,803) $ - $ - $ 11,763 Subtotal $ 188,494 $ 25,927 $ 725 $ - $ - $ 215,146
FUND 3432 – PARKS AND AIR QUALITY
Fees Collected $ 500,440 $ 1,168,952 $ 2,243,935 $ 853,248 $ 731,604 $ 5,498,179 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 11,826 $ 1,472 $ (263,233) $ 71,969 $ 533,238 $ 355,272 Subtotal $ 512,266 $ 1,170,424 $ 1,980,702 $ 925,217 $ 1,264,842 $ 5,853,451 FUND 3440 – POLICE
Fees Collected $ 300,057 $ 251,079 $ 360,120 $ 93,820 $ 165,438 $ 1,170,514 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 20,163 $ (614) $ (15,932) $ 4,200 $ 12,119 $ 19,936 Subtotal $ 320,220 $ 250,465 $ 344,188 $ 98,020 $ 177,557 $ 1,190,450 FUND 3450 – FIRE
Fees Collected $ 126,470 $ 125,491 $ 171,598 $ 55,766 $ 83,102 $ 562,427 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 7,477 $ (141) $ (7,738) $ 1,811 $ 4,169 $ 5,578 Subtotal $ 133,947 $ 125,350 $ 163,860 $ 57,577 $ 87,271 $ 568,005 FUND 3460 – PARKS
Fees Collected $ 1,121,876 $ 202,188 $ 8,847 $ - $ - $ 1,332,911 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 223,592 $ 1,393 $ (42,396) $ - $ - $ 182,589 Subtotal $ 1,345,468 $ 203,581 $ (33,549) $ - $ - $ 1,515,500 FUND 3470 – GENERAL GOVERNMENT
Fees Collected $ 184,949 $ 190,097 $ 269,333 $ 77,225 $ 137,598 $ 859,202 Grant Monies $ - $ - $ - $ - $ - $ -
All Other Revenue Sources $ 12,316 $ (408) $ (9,820) $ 2,826 $ 8,064 $ 12,978 Subtotal $ 197,265 $ 189,689 $ 259,513 $ 80,051 $ 145,662 $ 872,180 FUND 3480 – ADMINISTRATION
Fees Collected $ 104,020 $ 110,676 $ 146,873 $ 65,283 $ 105,453 $ 532,305 Grant Monies $ - $ - $ - $ - $ - $ - All Other Revenue Sources $ 2,221 $ 61 $ (3,977) $ 1,365 $ 11,543 $ 11,213 Subtotal $ 106,241 $ 110,737 $ 142,896 $ 66,648 $ 116,996 $ 543,518 TOTAL 15,123,648 $ $ 2,185,167 $ 7,690,838 $ 9,348,821 $ 6,608,711 $ 40,957,185 #23..
- 843 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
19 Table 4: Five Year Expenditure History3
3 Financial data is current as of November 1, 2024.

Fund 2019-20 2020-21 2021-22 2022-23 2023-24 Five Year Total Fund 3410 – Streets $ (3,308,019) $ (1,752,997) $ (3,914,103) $ (1,125,606) $ (2,661,728) $ (12,762,453) Fund 3420 – Public Transportation $ - $ - $ - $ - $ - $ - Fund 3430 – Air Quality Mitigation $ (8,228) $ (8,431) $ - $ - $ (16,659) - $ Fund 3432 – Parks and Air Quality $ - $ - $ (797,485) - $ $ (797,485) - $ Fund 3440 – Police $ - $ - $ - $ - $ - $ - Fund 3450 – Fire $ - $ - $ - $ - $ - $ - Fund 3460 – Parks $ (201,162) $ (140,487) $ (103,046) $ (89,292) $ (100,250) $ (634,237) Fund 3470 – General Government $ - $ - $ - $ - $ - $ - Fund 3480 – Administration $ (90,888) $ (76,394) $ (86,371) $ (56,252) $ (16,066) $ (325,971) TOTAL $ (3,608,297) $ (1,978,309) $ (4,103,520) $ (2,068,635) $ (2,778,044) $ (14,536,805) #23..
- 844 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
20 Table 5: Five Year Revenue and Expenditure History4
4 Financial data is current as of November 1, 2024.
#23..
- 845 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
21 Table 6: Multifamily, Commercial and Industrial Deferrals 1: This applicant deferred CFF, Water, and Wastewater. This amount only reflects CFF Fees deferred. 2: The applicant’s address was changed to 108 Spencer Ave., previously 605 Maze Blvd. 3: On March 30, 2023, a Deferral of Installment on the payment #2 was completed, extending the Deferral Agreement by one additional year, adding payment #2 to the end of the loan. This was requested by the applicant and approved by Infrastructure Financing Prpgram Supervisor. 4: This applicant deferred CFF, Water, and Wastewater. This amount only reflects CFF Fees deferred 5: Partial payment of $380 applied entirely to Fund 3410 (Streets) per Finance Department..

Receivable Outstanding Balance
Fund Applicant Address 30-Jun-24
Fund 3410 Streets 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 51,740.82 $ 14,586.38 $ 37,154.44 Osiel & Karina Luna5 108 Spencer Ave.2
10/29/2020 12/1/202633 $ 3,331.30 $ 380.00 $ 2,951.30 Group 5 & Hiremath 3600 Dale Rd.4 8/17/2022 9/1/2027 4 $ 138,931.20 $ 31,381.87 $ 107,549.33 LPC Kiernan, LLC 1224 Kiernan Ave. 12/7/2022 12/1/2027 4 $ 447,227.52 $ 107,194.54 $ 340,032.98 Subtotal $ 641,230.84 $ 153,542.79 $ 487,688.05
Fund 3420 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 759.07 $ 213.98 $ 545.09 Public Transportation Osiel & Karina Luna 108 Spencer Ave. 10/29/2020 12/1/20263 3 $ 35.57 $ - $ 35.57 Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 2,016.00 $ 457.88 $ 1,558.12 LPC Kiernan, LLC 1224 Kiernan Ave. 12/7/2022 12/1/2027 4 $ 7,603.20 $ 1,166.49 $ 6,436.71 Subtotal $ 10,413.84 $ 1,838.35 $ 8,575.49
Fund 3432 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 47,061.83 $ 13,267.32 $ 33,794.51 Parks and Air Quality Osiel & Karina Luna 108 Spencer Ave. 10/29/2020 12/1/20263 3 $ 594.74 $ - $ 594.74 Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 126,403.20 $ 28,553.77 $ 97,849.43 Subtotal $ 174,059.77 $ 41,821.09 $ 132,238.68
Fund 3440 Police 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 6,117.81 $ 1,724.69 $ 4,393.12 Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 11,232.00 $ 2,538.56 $ 8,693.44 Subtotal $ 17,349.81 $ 4,263.25 $ 13,086.56
Fund 3450 Fire 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 1,983.95 $ 562.12 $ 1,421.83 Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 5,356.80 $ 1,212.05 $ 4,144.75 Subtotal $ 7,340.75 $ 1,774.17 $ 5,566.58
Fund 3470 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 3,500.75 $ 986.91 $ 2,513.84 General Government Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 9,417.60 $ 2,127.81 $ 7,289.79 Subtotal $ 12,918.35 $ 3,114.72 $ 9,803.63
Fund 3480 1192 Norwegian Ave. LP 1192 Norwegian Ave. 1 12/22/2021 1/1/2027 3 $ 1,747.91 $ 488.66 $ 1,259.25 Administration Osiel & Karina Luna 108 Spencer Ave.2 10/29/2020 12/1/202633 $ 81.10 $ - $ 81.10 Group 5 & Hiremath 3600 Dale Rd. 8/17/2022 9/1/2027 4 $ 4,723.20 $ 1,063.91 $ 3,659.29 LPC Kiernan, LLC 1224 Kiernan Ave. 12/7/2022 12/1/2027 4 $ 5,068.80 $ 1,683.69 $ 3,385.11 Subtotal $ 11,621.01 $ 3,236.26 $ 8,384.75
TOTAL $ 874,934.37 $ 209,590.63 $ 665,343.74
Agreement Start Date Agreement End Date Years Remaining Balance as of 30-Jun-23 Payoffs #23..
- 846 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
22 Table 7a: Low Income Deferrals/Exemptions
Fund 3410
Streets
Free Will Baptist Church
225 E. Orangeburg Ave. $ 51,381.00 $ (51,381.00) $ - Subtotal $ 51,381.00 $ (51,381.00) $ - Fund 3420 Public Transportation
Free Will Baptist Church
225 E. Orangeburg Ave. $ 747.00 $ (747.00) $ - Subtotal $ 747.00 $ (747.00) $ - Fund 3432 Parks and Air Quality
Free Will Baptist Church
225 E. Orangeburg Ave. $ 46,755.00 $ (46,755.00) $ - Subtotal $ 46,755.00 $ (46,755.00) $ - Fund 3440 Police
Free Will Baptist Church
225 E. Orangeburg Ave. $ 4,158.00 $ (4,158.00) $ - Subtotal $ 4,158.00 $ (4,158.00) $ - Fund 3450 Fire
Free Will Baptist Church
225 E. Orangeburg Ave. $ 1,980.00 $ (1,980.00) $ - Subtotal $ 1,980.00 $ (1,980.00) $ - Fund 3470 General Government
Free Will Baptist Church
225 E. Orangeburg Ave. $ 3,483.00 $ (3,483.00) $ - Subtotal $ 3,483.00 $ (3,483.00) $ - Fund 3480 Administration
Free Will Baptist Church
225 E. Orangeburg Ave. $ 1,746.00 $ (1,746.00) $ - Subtotal $ 1,746.00 $ (1,746.00) $ - TOTAL Total $ 110,250.00 $ (110,250.00) $ - Fund Applicant / Project CFF Due CFF Credit CFF Paid
#23..
- 847 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
23 Table 7b: Refunds
There were no refunds processed in the Fiscal Year 2023-24. #23..
- 848 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
24 Table 8: Credits for Previously Existing Buildings
Fund 3410 140 E. Granger $ 155,913.84 $ (100,330.82) $ 55,583.02 Streets 309 E. Roseburg Ave $ 27,906.00 $ (16,488.00) $ 11,418.00 531 Terminal Ave $ 8,244.00 $ (8,244.00) $ - 608 Empire Ave $ 8,244.00 $ (8,244.00) $ - 612 Empire Ave $ 8,244.00 $ (8,244.00) $ - 906 Imperial Ave $ 39,114.21 $ (5,785.87) $ 33,328.34 1006 Santa Fe Ave $ 8,244.00 $ (8,244.00) $ - 1616 Scenic Dr $ 8,244.00 $ (8,244.00) $ - S ub to ta l $ 264,154.05 $ (163,824.69) $ 100,329.36 Fund 3420 140 E. Granger $ 3,117.48 $ (1,916.43) $ 1,201.05 Public 309 E. Roseburg Ave $ 406.00 $ (240.00) $ 166.00 Transportation 531 Terminal Ave $ 120.00 $ (120.00) $ - 608 Empire Ave $ 120.00 $ (120.00) $ - 612 Empire Ave $ 120.00 $ (120.00) $ - 906 Imperial Ave $ 405.22 $ (59.14) $ 346.08 1006 Santa Fe Ave $ 120.00 $ (120.00) $ - 1616 Scenic Dr $ 120.00 $ (120.00) $ - S ub to ta l $ 4,528.70 $ (2,815.57) $ 1,713.13 Fund 3432 140 E. Granger $ - $ (15,102.00) $ (15,102.00) Parks and 309 E. Roseburg Ave $ 25,492.00 $ (15,102.00) $ 10,390.00 Air Quality 531 Terminal Ave $ 7,551.00 $ (7,551.00) $ - 608 Empire Ave $ 7,551.00 $ (7,551.00) $ - 612 Empire Ave $ 7,551.00 $ (7,551.00) $ - 906 Imperial Ave $ - $ - $ - 1006 Santa Fe Ave $ 7,551.00 $ (7,551.00) $ - 1616 Scenic Dr $ 7,551.00 $ (7,551.00) $ - S ub to ta l $ 63,247.00 $ (67,959.00) $ (4,712.00) Fund 3440 140 E. Granger $ 3,456.12 $ (3,390.53) $ 65.59 Police 309 E. Roseburg Ave $ 2,456.00 $ (1,532.00) $ 924.00 531 Terminal Ave $ $ (766.00) - 766.00 $
608 Empire Ave $ $ (766.00) - 766.00 $
612 Empire Ave $ 766.00 $ (766.00) $ - 906 Imperial Ave $ $ - - - $ 1006 Santa Fe Ave $ 766.00 $ (766.00) $ - 1616 Scenic Dr $ 766.00 $ (766.00) $ - S ub to ta l $ 9,742.12 $ (8,752.53) $ 989.59 Fund 3450 140 E. Granger $ 1,663.32 $ (1,848.45) $ (185.13) Fire 309 E. Roseburg Ave $ 1,394.00 $ (954.00) $ 440.00 531 Terminal Ave $ $ (477.00) - 477.00 $
608 Empire Ave $ $ (477.00) - 477.00 $
612 Empire Ave $ 477.00 $ (477.00) $ - 906 Imperial Ave $ $ - - - $ 1006 Santa Fe Ave $ 477.00 $ (477.00) $ - 1616 Scenic Dr $ 477.00 $ (477.00) $ - S ub to ta l $ 5,442.32 $ (5,187.45) $ 254.87 Fund Address CFF Due CFF Cre dit CFF Pa id
#23..
- 849 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
25 Table 8, cont’d: Credits for Previously Existing Buildings Fund 3470 140 E. Granger $ 2,898.36 $ (2,820.60) $ 77.76 General 309 E. Roseburg Ave $ 2,036.00 $ (1,292.00) $ 744.00 Government 531 Terminal Ave $ 631.00 $ (631.00) $ - 608 Empire Ave $ 631.00 $ (631.00) $ - 612 Empire Ave $ 631.00 $ (631.00) $ - 906 Imperial Ave $ - $ - $ - 1006 Santa Fe Ave $ 631.00 $ (631.00) $ - 1616 Scenic Dr $ 631.00 $ (631.00) $ - S ubto ta l $ 8,089.36 $ (7,267.60) $ 821.76 Fund 3480 140 E. Granger $ 4,302.72 $ (3,027.79) $ 1,274.93 Administration 309 E. Roseburg Ave $ 1,102.00 $ (714.00) $ 388.00 531 Terminal Ave $ 357.00 $ (357.00) $ - 608 Empire Ave $ 357.00 $ (357.00) $ - 612 Empire Ave $ 357.00 $ (357.00) $ - 906 Imperial Ave $ 601.82 $ (128.85) $ 472.97 1006 Santa Fe Ave $ 357.00 $ (357.00) $ - 1616 Scenic Dr $ 357.00 $ (357.00) $ - S ubto ta l $ 7,791.54 $ (5,655.64) $ 2,135.90 TOTAL $ 362,995.09 $ (261,462.48) $ 101,532.61
Fund Addre ss CFF Due CFF Cre dit CFF Pa id
#23..
- 850 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
26 Table 9: Transfers within Capital Facilities Fees Funds5 5 Financial data is current as of November 1, 2024.

Fund Transfer Description Loan Maturity
Date
Rate of
Interest
Transfer Amount
Transfer Out - Fund 3160 - Pavement Rehabilitation of Crows Landing Rd., Pelandale Ave. & Standiford Ave.1
$ 7
Transfer Out - Fund 3160 - Pelandale Ave. Interchange - Phase II $ (434,301) Transfer Out - Fund 3160 - SR 132 West Expressway $ (1,309,011) $ (1,743,305)
Fund 3420 - Public Transportation $ - $ - Transfer Out - Fund 3140 - Dry Creek to TRRP Trail Connection $ (118,985) Transfer Out - Fund 6710 - TRRP Master Plan Update $ (6,163) Transfer Out - Fund 6710 - TRRP Carpenter Road Area Soccer Complex $ (62,314) Transfer Out - Fund 6710 - TRRP Neece Drive Boat Launch $ (800,000) Transfer Out - Fund 6710 - TRRP River Pavilion $ (44)
$ (987,506)
Fund 3440 - Police Transfer Out - Fund 0100 - Police Department Headquarters $ (373,000) $ (373,000)
Fund 3450 - Fire Transfer Out - Fund 0100 - Fire Station #11 $ (139,000) $ (139,000)
Fund 3470 - General Government Transfer Out - Fund 0100 - 2008 Lease Revenue Bonds paid through 2034 $ (258,000) $ (258,000)
Fund 3480 - Administration
$ - TOTAL $ (3,500,811)

1. Final Reconcilation for Project 100881, balance returned to Streets Fund Fund 3410 - Streets
Fund 3432 - Parks & Air Quality
#23..
- 851 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
27 Table 10: Capital Improvement Program (CIP) Expenditures6 6 Financial data is current as of November 1, 2024.

Fund CIP Project
Number Project Name % Funded by Fee
% Funded
by Other Budget Expenses up to June 30, 2023
Committed
Funds
FY 2023/24
Expenditures
Balance Available
Estimated
Construction
Start FY
Estimated
Construction
End FY
Fund 3410 Streets 100048 Claratina/McHenry Plan Lane 100% 0% 341,500 $ $ 39,005 $ - $ - $ 302,495 2022/23 2025/26 100051 Claratina: McHenry/Coffee 4 Ln 100% 0% 6,062,911 $ $ 4,180,711 $ 579,191 $ 6,275 $ 1,296,734 2023/24 2026/27 100586 CED - 7th St Bridge Tuolumne 100% 0% 1,401,911 $ $ 523,832 $ - $ 401,799 $ 476,280 2022/23 2026/27 100614 State Route 132 W. Express 44% 56% 34,540,705 $ $ 33,572,380 $ 70,231 $ 542,664 $ 355,430 2019/20 2024/25 100944 Tuolumne, 7th & B Intersection 100% 0% 350,000 $ $ 508 $ - $ 243 $ 349,249 2022/23 2025/26 100945 Hetch-Hetchy Crossing 100% 0% 5,070,000 $ $ 481,583 $ 93,017 $ 14,205 $ 4,481,195 2022/23 2025/26 101181 Claus Road Plan Line 100% 0% 250,000 $ $ 846 $ - $ 27,778 $ 221,376 2023/24 2025/26 101182 Standiford Interchange PID 85% 15% 7,098,000 $ $ 352,959 $ 319,362 $ 1,667,728 $ 4,757,951 2028/29 2029/30 Subtotal $ 2,660,693
Fund 3460
Parks 101017 Mary Grogan Park - Phase 2 100% 0% 5,629,822 $ $ 206,878 $ 4,084,327 $ 100,250 $ 1,238,367 2022/23 2024/25 Subtotal $ 100,250
TOTAL $ 2,760,944
#23..
- 852 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
28 Table 11a: Exemptions for Accessory Dwelling Units
July 1, 2023 – August 31, 2023
Fund 34 10 125 Pine Street $ 5,266.87 $ (5,266.87) $ - Stre ets 316 Linden Street $ 5,266.87 $ (5,266.87) $ - 316 Palm Ave $ 5,266.87 $ (5,266.87) $ - 320 Las Palmas Ave $ 5,266.87 $ (5,266.87) $ - 413 Broadway Ave $ 5,266.87 $ (5,266.87) $ - 444 College Ave $ 5,266.87 $ (5,266.87) $ - 516 Ribier Ave $ 5,266.87 $ (5,266.87) $ - 520 Park Avenue $ 5,266.87 $ (5,266.87) $ - 718 Benson Ave $ 5,266.87 $ - $ 5,266.87 912 Chateau Drive $ 5,266.87 $ (5,266.87) $ - 924 Western Way $ 5,266.87 $ (5,266.87) $ - 933 Alamo Ave $ 5,266.87 $ (5,266.87) $ - 1100 Pine Tree Lane $ 5,266.87 $ (5,266.87) $ - 1105 Vintner Ln $ 5,266.87 $ (5,266.87) $ - 1317 Claus Road $ 5,266.87 $ (5,266.87) $ - 1420 Overholtzer Drive $ 5,266.87 $ (5,266.87) $ - 1428 Albany Ave $ 5,266.87 $ (5,266.87) $ - 1518 Scenic Drive $ 5,266.87 $ (5,266.87) $ - 1532 Scenic Drive $ 5,266.87 $ (5,266.87) $ - 1534 Albany Ave $ 5,266.87 $ (5,266.87) $ - 1603 Hialeah Drive $ 5,266.87 $ (5,266.87) $ - 1620 Larkin Ave $ 5,266.87 $ (5,266.87) $ - 1621 Derek Way $ 5,266.87 $ (5,266.87) $ - 1737 Connie Way $ 5,266.87 $ (5,266.87) $ - 1925 W. Rumble Rd $ 5,266.87 $ - $ 5,266.87 3008 Fredericksburg Way 5,266.87 $ $ (5,266.87) $ - 3325 Wood Sorrel Drive $ 5,266.87 $ (5,266.87) $ - S ub tota l $ 142,205.49 $ (131,671.75) $ 10,533.74 Fund 34 2 0 125 Pine Street $ 76.84 $ (76.84) $ - Public 316 Linden Street $ 76.84 $ (76.84) $ - Tra nsporta tion 316 Palm Ave $ 76.84 $ (76.84) $ - 320 Las Palmas Ave $ 76.84 $ (76.84) $ - 413 Broadway Ave $ 76.84 $ (76.84) $ - 444 College Ave $ 76.84 $ (76.84) $ - 516 Ribier Ave $ 76.84 $ (76.84) $ - 520 Park Avenue $ 76.84 $ (76.84) $ - 718 Benson Ave $ 76.84 $ - $ 76.84 912 Chateau Drive $ 76.84 $ (76.84) $ - 924 Western Way $ 76.84 $ (76.84) $ - 933 Alamo Ave $ 76.84 $ (76.84) $ - 1100 Pine Tree Lane $ 76.84 $ (76.84) $ - 1105 Vintner Ln $ 76.84 $ (76.84) $ - 1317 Claus Road $ 76.84 $ (76.84) $ - 1420 Overholtzer Drive $ 76.84 $ (76.84) $ - 1428 Albany Ave $ 76.84 $ (76.84) $ - 1518 Scenic Drive $ 76.84 $ (76.84) $ - 1532 Scenic Drive $ 76.84 $ (76.84) $ - 1534 Albany Ave $ 76.84 $ (76.84) $ - 1603 Hialeah Drive $ 76.84 $ (76.84) $ - 1620 Larkin Ave $ 76.84 $ (76.84) $ - 1621 Derek Way $ 76.84 $ (76.84) $ - 1737 Connie Way $ 76.84 $ (76.84) $ - 1925 W. Rumble Rd $ 76.84 $ - $ 76.84 3008 Fredericksburg Way $ 76.84 $ (76.84) $ - 3325 Wood Sorrel Drive $ 76.84 $ (76.84) $ - S ub tota l $ 2,074.68 $ (1,921.00) $ 153.68 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 853 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
29 Table 11a, cont’d: Exemptions for Accessory Dwelling Units Fund 3 43 2 125 Pine Street $ 4,792.27 $ (4,792.27) $ - Pa rks a nd Air 316 Linden Street $ 4,792.27 $ (4,792.27) $ - Quality 316 Palm Ave $ 4,792.27 $ (4,792.27) $ - 320 Las Palmas Ave $ 4,792.27 $ (4,792.27) $ - 413 Broadway Ave $ 4,792.27 $ (4,792.27) $ - 444 College Ave $ 4,792.27 $ (4,792.27) $ - 516 Ribier Ave $ 4,792.27 $ (4,792.27) $ - 520 Park Avenue $ 4,792.27 $ (4,792.27) $ - 718 Benson Ave $ 4,792.27 $ 4,792.27 - $ 912 Chateau Drive $ 4,792.27 $ (4,792.27) $ - 924 Western Way $ 4,792.27 $ (4,792.27) $ - 933 Alamo Ave $ 4,792.27 $ (4,792.27) $ - 1100 Pine Tree Lane $ 4,792.27 $ (4,792.27) $ - 1105 Vintner Ln $ 4,792.27 $ (4,792.27) $ - 1317 Claus Road $ 4,792.27 $ (4,792.27) $ - 1420 Overholtzer Drive $ 4,792.27 $ (4,792.27) $ - 1428 Albany Ave $ 4,792.27 $ (4,792.27) $ - 1518 Scenic Drive $ 4,792.27 $ (4,792.27) $ - 1532 Scenic Drive $ 4,792.27 $ (4,792.27) $ - 1534 Albany Ave $ 4,792.27 $ (4,792.27) $ - 1603 Hialeah Drive $ 4,792.27 $ (4,792.27) $ - 1620 Larkin Ave $ 4,792.27 $ (4,792.27) $ - 1621 Derek Way $ 4,792.27 $ (4,792.27) $ - 1737 Connie Way $ 4,792.27 $ (4,792.27) $ - 1925 W. Rumble Rd $ 4,792.27 $ 4,792.27 - $ 3008 Fredericksburg Way 4,792.27 $ $ (4,792.27) $ - 3325 Wood Sorrel Drive $ 4,792.27 $ (4,792.27) $ - S ub to ta l $ 129,391.29 $ (119,806.75) $ 9,584.54 Fund 3 44 0 125 Pine Street $ 426.01 $ (426.01) $ - Polic e 316 Linden Street $ 426.01 $ (426.01) $ - 316 Palm Ave $ 426.01 $ (426.01) $ - 320 Las Palmas Ave $ 426.01 $ (426.01) $ - 413 Broadway Ave $ 426.01 $ (426.01) $ - 444 College Ave $ 426.01 $ (426.01) $ - 516 Ribier Ave $ 426.01 $ (426.01) $ - 520 Park Avenue $ 426.01 $ (426.01) $ - 718 Benson Ave $ 426.01 $ - $ 426.01 912 Chateau Drive $ 426.01 $ (426.01) $ - 924 Western Way $ 426.01 $ (426.01) $ - 933 Alamo Ave $ 426.01 $ (426.01) $ - 1100 Pine Tree Lane $ 426.01 $ (426.01) $ - 1105 Vintner Ln $ 426.01 $ (426.01) $ - 1317 Claus Road $ 426.01 $ (426.01) $ - 1420 Overholtzer Drive $ 426.01 $ (426.01) $ - 1428 Albany Ave $ 426.01 $ (426.01) $ - 1518 Scenic Drive $ 426.01 $ (426.01) $ - 1532 Scenic Drive $ 426.01 $ (426.01) $ - 1534 Albany Ave $ 426.01 $ (426.01) $ - 1603 Hialeah Drive $ 426.01 $ (426.01) $ - 1620 Larkin Ave $ 426.01 $ (426.01) $ - 1621 Derek Way $ 426.01 $ (426.01) $ - 1737 Connie Way $ 426.01 $ (426.01) $ - 1925 W. Rumble Rd $ 426.01 $ - $ 426.01 3008 Fredericksburg Way $ 426.01 $ (426.01) $ - 3325 Wood Sorrel Drive $ 426.01 $ (426.01) $ - S ub to ta l $ 11,502.27 $ (10,650.25) $ 852.02 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 854 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
30 Table 11a, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 50 125 Pine Street $ 203.40 $ (203.40) $ - Fire 316 Linden Street $ 203.40 $ (203.40) $ - 316 Palm Ave $ 203.40 $ (203.40) $ - 320 Las Palmas Ave $ 203.40 $ (203.40) $ - 413 Broadway Ave $ 203.40 $ (203.40) $ - 444 College Ave $ 203.40 $ (203.40) $ - 516 Ribier Ave $ 203.40 $ (203.40) $ - 520 Park Avenue $ 203.40 $ (203.40) $ - 718 Benson Ave $ 203.40 $ - $ 203.40 912 Chateau Drive $ 203.40 $ (203.40) $ - 924 Western Way $ 203.40 $ (203.40) $ - 933 Alamo Ave $ 203.40 $ (203.40) $ - 1100 Pine Tree Lane $ 203.40 $ (203.40) $ - 1105 Vintner Ln $ 203.40 $ (203.40) $ - 1317 Claus Road $ 203.40 $ (203.40) $ - 1420 Overholtzer Drive $ 203.40 $ (203.40) $ - 1428 Albany Ave $ 203.40 $ (203.40) $ - 1518 Scenic Drive $ 203.40 $ (203.40) $ - 1532 Scenic Drive $ 203.40 $ (203.40) $ - 1534 Albany Ave $ 203.40 $ (203.40) $ - 1603 Hialeah Drive $ 203.40 $ (203.40) $ - 1620 Larkin Ave $ 203.40 $ (203.40) $ - 1621 Derek Way $ 203.40 $ (203.40) $ - 1737 Connie Way $ 203.40 $ (203.40) $ - 1925 W. Rumble Rd $ 203.40 $ - $ 203.40 3008 Fredericksburg Way $ 203.40 $ (203.40) $ - 3325 Wood Sorrel Drive $ 203.40 $ (203.40) $ - S ub to tal $ 5,491.80 $ (5,085.00) $ 406.80 Fund 3 4 70 125 Pine Street $ 357.07 $ (357.07) $ - Gene ra l 316 Linden Street $ 357.07 $ (357.07) $ - Gove rnment 316 Palm Ave $ 357.07 $ (357.07) $ - 320 Las Palmas Ave $ 357.07 $ (357.07) $ - 413 Broadway Ave $ 357.07 $ (357.07) $ - 444 College Ave $ 357.07 $ (357.07) $ - 516 Ribier Ave $ 357.07 $ (357.07) $ - 520 Park Avenue $ 357.07 $ (357.07) $ - 718 Benson Ave $ 357.07 $ - $ 357.07 912 Chateau Drive $ 357.07 $ (357.07) $ - 924 Western Way $ 357.07 $ (357.07) $ - 933 Alamo Ave $ 357.07 $ (357.07) $ - 1100 Pine Tree Lane $ 357.07 $ (357.07) $ - 1105 Vintner Ln $ 357.07 $ (357.07) $ - 1317 Claus Road $ 357.07 $ (357.07) $ - 1420 Overholtzer Drive $ 357.07 $ (357.07) $ - 1428 Albany Ave $ 357.07 $ (357.07) $ - 1518 Scenic Drive $ 357.07 $ (357.07) $ - 1532 Scenic Drive $ 357.07 $ (357.07) $ - 1534 Albany Ave $ 357.07 $ (357.07) $ - 1603 Hialeah Drive $ 357.07 $ (357.07) $ - 1620 Larkin Ave $ 357.07 $ (357.07) $ - 1621 Derek Way $ 357.07 $ (357.07) $ - 1737 Connie Way $ 357.07 $ (357.07) $ - 1925 W. Rumble Rd $ 357.07 $ - $ 357.07 3008 Fredericksburg Way $ 357.07 $ (357.07) $ - 3325 Wood Sorrel Drive $ 357.07 $ (357.07) $ - S ub to tal $ 9,640.89 $ (8,926.75) $ 714.14 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 855 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
31 Table 11a, cont’d: Exemptions for Accessory Dwelling Units Fund 3 48 0 125 Pine Street $ 178.54 $ (178.54) $ - Administra tion 316 Linden Street $ 178.54 $ (178.54) $ - 316 Palm Ave $ 178.54 $ (178.54) $ - 320 Las Palmas Ave $ 178.54 $ (178.54) $ - 413 Broadway Ave $ 178.54 $ (178.54) $ - 444 College Ave $ 178.54 $ (178.54) $ - 516 Ribier Ave $ 178.54 $ (178.54) $ - 520 Park Avenue $ 178.54 $ (178.54) $ - 718 Benson Ave $ 178.54 $ - $ 178.54 912 Chateau Drive $ 178.54 $ (178.54) $ - 924 Western Way $ 178.54 $ (178.54) $ - 933 Alamo Ave $ 178.54 $ (178.54) $ - 1100 Pine Tree Lane $ 178.54 $ (178.54) $ - 1105 Vintner Ln $ 178.54 $ (178.54) $ - 1317 Claus Road $ 178.54 $ (178.54) $ - 1420 Overholtzer Drive $ 178.54 $ (178.54) $ - 1428 Albany Ave $ 178.54 $ (178.54) $ - 1518 Scenic Drive $ 178.54 $ (178.54) $ - 1532 Scenic Drive $ 178.54 $ (178.54) $ - 1534 Albany Ave $ 178.54 $ (178.54) $ - 1603 Hialeah Drive $ 178.54 $ (178.54) $ - 1620 Larkin Ave $ 178.54 $ (178.54) $ - 1621 Derek Way $ 178.54 $ (178.54) $ - 1737 Connie Way $ 178.54 $ (178.54) $ - 1925 W. Rumble Rd $ 178.54 $ - $ 178.54 3008 Fredericksburg Way $ 178.54 $ (178.54) $ - 3325 Wood Sorrel Drive $ 178.54 $ (178.54) $ - S ubto ta l $ 4,820.58 $ (4,463.50) $ 357.08 TOTAL $ 3 0 5,127 .0 0 $ (2 82 ,5 25 .0 0 ) $ 2 2 ,60 2 .0 0 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 856 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
32 Table 11b: Exemptions for Accessory Dwelling Units
September 1, 2023 – June 30, 2024 Fund 3 410 106 Sunset Blvd $ 5,709.00 $ (5,709.00) $ - Stre e ts 109 Roselawn Ave $ 5,709.00 $ (5,709.00) $ - 109 Roselawn Ave $ 5,709.00 $ (5,709.00) $ - 123 Palmetto Dr $ 5,709.00 $ (5,709.00) $ - 144 Covena Ave $ 5,709.14 $ - $ 5,709.14 166 E Granger Ave $ 5,709.00 $ (5,709.00) $ - 203 James St $ 5,709.00 $ (5,709.00) $ - 214 Merced Ave $ 5,709.00 $ (5,709.00) $ - 221 Covena Ave $ 5,709.00 $ (5,709.00) $ - 225 Barozzi Ave $ 5,709.14 $ - $ 5,709.14 306 N Santa Cruz Ave $ 5,709.00 $ (5,709.00) $ - 309 E. Roseburg Ave $ 11,418.00 $ - $ 11,418.00 313 Hastings Ln $ 8,244.00 $ (4,039.56) $ 4,204.44
322 James St $ 5,709.00 $ (5,709.00) $ - 323 Locust $ 5,709.00 $ (5,709.00) $ - 323 N Wilson Ave $ 5,709.00 $ (5,709.00) $ - 332 Alturas Ave $ 5,709.00 $ (5,709.00) $ - 414 Bodem St $ 5,709.14 $ - $ 5,709.14 414 Myrtle Ave $ 5,709.00 $ (5,709.00) $ - 415 Laurel Ave $ 5,709.00 $ (5,709.00) $ - 418 Broderick Ave $ 5,709.00 $ (5,709.00) $ - 422 E Morris Ave $ 5,709.00 $ (5,709.00) $ - 435 Yosemite Ave $ 5,709.00 $ (5,709.00) $ - 445 W Orangeburg Ave $ 5,709.00 $ (5,709.00) $ - 705 Codington $ 5,709.00 $ (5,709.00) $ - 708 Roseburg Ave $ 5,709.00 $ (5,709.00) $ - 722 Badgley Dr $ 5,709.00 $ (5,709.00) $ - 809 Badgley Dr $ 5,709.00 $ (5,709.00) $ - 809 Magnolia Ave $ 5,709.00 $ (5,709.00) $ - 813 4th St $ 5,709.00 $ (5,709.00) $ - 902 Pine Tree Ln $ 5,709.00 $ (5,709.00) $ - 915 Hawthorne $ 5,709.00 $ (5,709.00) $ - 1005 Lema Ave $ 5,709.00 $ (5,709.00) $ - 1006 Santa Fe Ave $ 5,709.00 $ (5,709.00) $ - 1101 Ulrich Ave $ 5,709.00 $ (5,709.00) $ - 1104 Dixon Way $ 5,709.00 $ (5,709.00) $ - 1213 Cecil Way $ 5,709.00 $ (5,709.00) $ - 1216 Lucern Ave $ 5,709.00 $ (5,709.00) $ - 1228 Enslen Ave $ 5,709.14 $ - $ 5,709.14 1237 Mills Ave $ 5,709.00 $ (5,709.00) $ - 1301 Kurt Ave $ 5,709.00 $ (5,709.00) $ - 1317 Palomar Way $ 5,709.00 $ (5,709.00) $ - 1319 Ronald Ave $ 5,709.00 $ (5,709.00) $ - 1345 Carver Rd $ 5,709.00 $ (5,709.00) $ - 1402 Tully Rd $ 5,709.00 $ (5,709.00) $ - 1425 Del Mar Ave $ 5,709.00 $ (5,709.00) $ - 1500 Mawana Ct $ 5,709.14 $ - $ 5,709.14 1508 Del Mar Ave $ 5,709.00 $ (5,709.00) $ - 1510 Oregon Ave $ 5,709.14 $ - $ 5,709.14 1512 Scenic Dr $ 5,709.00 $ (5,709.00) $ - 1528 Radcliffe Ave $ 5,709.00 $ (5,709.00) $ - 1539 Tudor Ct $ 5,709.00 $ (5,709.00) $ - 1610 Scenic $ 5,709.00 $ (5,709.00) $ - 1614 Scenic Dr $ 5,709.00 $ (5,709.00) $ - 1705 Grassland Way $ 5,709.00 $ (5,709.00) $ - 1719 Tully $ 5,709.00 $ (5,709.00) $ - 1800 Ricky Ave $ 5,709.00 $ (5,709.00) $ - 1800 Teresa St $ 5,709.00 $ (5,709.00) $ - 1836 Paul Ave $ 5,709.00 $ (5,709.00) $ - 1901 College Ave $ 5,709.00 $ (5,709.00) $ - 1913 Wildwood Dr $ 5,709.00 $ (5,709.00) $ - 1921 Elmhurst Dr $ 5,709.00 $ (5,709.00) $ - 2016 Dora St $ 5,709.00 $ (5,709.00) $ - 2037 St Salazar Cir $ 5,709.00 $ (5,709.00) $ - 2044 Boise Ave $ 5,709.00 $ (5,709.00) $ - 2313 Gutherie St $ 5,709.00 $ (5,709.00) $ - 2314 Vera Cruz Dr $ 5,709.00 $ (5,709.00) $ - 2326 Coston Ave $ 5,709.00 $ (5,709.00) $ - 2356 Nancy Ln $ 5,709.00 $ (5,709.00) $ - 2423 Miller Ave $ 5,709.00 $ (5,709.00) $ - 2604 Whitcomb Way $ 5,709.00 $ (5,709.00) $ - 2713 Garvey Ave $ 5,709.00 $ (5,709.00) $ - 2715 Sunrise Ave $ 5,709.00 $ (5,709.00) $ - 2817 Sapphire Dr $ 5,709.00 $ (5,709.00) $ - 3005 Worchester Way $ 5,709.00 $ (5,709.00) $ - 3309 Swallow Dr $ 5,709.00 $ (5,709.00) $ - 3400 Dutch Flat Ct $ 5,709.00 $ (5,709.00) $ - 3436 Friar Tuck Way $ 5,709.00 $ (5,709.00) $ - 3536 Hallsboro Ct $ 5,709.00 $ (5,709.00) $ - 3612 Asheboro Ln $ 5,709.00 $ (5,709.00) $ - 3905 Wichita Way $ 5,709.00 $ (5,709.00) $ - 4101 Acclaim Ct $ 5,709.00 $ (5,709.00) $ - 4217 Mount Pleasant Dr $ 5,709.00 $ (5,709.00) $ - S ub tota l $ 482,091.84 $ (432,214.56) $ 49,877.28 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 857 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
33 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 2 0 106 Sunset Blvd $ 83.00 $ (83.00) $ - P ublic 109 Roselawn Ave $ 83.00 $ (83.00) $ - Tra nsporta tion 109 Roselawn Ave $ 83.00 $ (83.00) $ - 123 Palmetto Dr $ 83.00 $ (83.00) $ - 144 Covena Ave $ 83.29 $ - $ 83.29 166 E Granger Ave $ 83.00 $ (83.00) $ - 203 James St $ 83.00 $ (83.00) $ - 214 Merced Ave $ 83.00 $ (83.00) $ - 221 Covena Ave $ 83.00 $ (83.00) $ - 225 Barozzi Ave $ 83.29 $ - $ 83.29 306 N Santa Cruz Ave $ 83.00 $ (83.00) $ - 309 E. Roseburg Ave $ 166.00 $ - $ 166.00 313 Hastings Ln $ 120.00 $ (58.80) $ 61.20
322 James St $ 83.00 $ (83.00) $ - 323 Locust $ 83.00 $ (83.00) $ - 323 N Wilson Ave $ 83.00 $ (83.00) $ - 332 Alturas Ave $ 83.00 $ (83.00) $ - 414 Bodem St $ 83.29 $ - $ 83.29 414 Myrtle Ave $ 83.00 $ (83.00) $ - 415 Laurel Ave $ 83.00 $ (83.00) $ - 418 Broderick Ave $ 83.00 $ (83.00) $ - 422 E Morris Ave $ 83.00 $ (83.00) $ - 435 Yosemite Ave $ 83.00 $ (83.00) $ - 445 W Orangeburg Ave $ 83.00 $ (83.00) $ - 705 Codington $ 83.00 $ (83.00) $ - 708 Roseburg Ave $ 83.00 $ (83.00) $ - 722 Badgley Dr $ 83.00 $ (83.00) $ - 809 Badgley Dr $ 83.00 $ (83.00) $ - 809 Magnolia Ave $ 83.00 $ (83.00) $ - 813 4th St $ 83.00 $ (83.00) $ - 902 Pine Tree Ln $ 83.00 $ (83.00) $ - 915 Hawthorne $ 83.00 $ (83.00) $ - 1005 Lema Ave $ 83.00 $ (83.00) $ - 1006 Santa Fe Ave $ 83.00 $ (83.00) $ - 1101 Ulrich Ave $ 83.00 $ (83.00) $ - 1104 Dixon Way $ 83.00 $ (83.00) $ - 1213 Cecil Way $ 83.00 $ (83.00) $ - 1216 Lucern Ave $ 83.00 $ (83.00) $ - 1228 Enslen Ave $ 83.29 $ - $ 83.29 1237 Mills Ave $ 83.00 $ (83.00) $ - 1301 Kurt Ave $ 83.00 $ (83.00) $ - 1317 Palomar Way $ 83.00 $ (83.00) $ - 1319 Ronald Ave $ 83.00 $ (83.00) $ - 1345 Carver Rd $ 83.00 $ (83.00) $ - 1402 Tully Rd $ 83.00 $ (83.00) $ - 1425 Del Mar Ave $ 83.00 $ (83.00) $ - 1500 Mawana Ct $ 83.29 $ - $ 83.29 1508 Del Mar Ave $ 83.00 $ (83.00) $ - 1510 Oregon Ave $ 83.29 $ - $ 83.29 1512 Scenic Dr $ 83.00 $ (83.00) $ - 1528 Radcliffe Ave $ 83.00 $ (83.00) $ - 1539 Tudor Ct $ 83.00 $ (83.00) $ - 1610 Scenic $ 83.00 $ (83.00) $ - 1614 Scenic Dr $ 83.00 $ (83.00) $ - 1705 Grassland Way $ 83.00 $ (83.00) $ - 1719 Tully $ 83.00 $ (83.00) $ - 1800 Ricky Ave $ 83.00 $ (83.00) $ - 1800 Teresa St $ 83.00 $ (83.00) $ - 1836 Paul Ave $ 83.00 $ (83.00) $ - 1901 College Ave $ 83.00 $ (83.00) $ - 1913 Wildwood Dr $ 83.00 $ (83.00) $ - 1921 Elmhurst Dr $ 83.00 $ (83.00) $ - 2016 Dora St $ 83.00 $ (83.00) $ - 2037 St Salazar Cir $ 83.00 $ (83.00) $ - 2044 Boise Ave $ 83.00 $ (83.00) $ - 2313 Gutherie St $ 83.00 $ (83.00) $ - 2314 Vera Cruz Dr $ 83.00 $ (83.00) $ - 2326 Coston Ave $ 83.00 $ (83.00) $ - 2356 Nancy Ln $ 83.00 $ (83.00) $ - 2423 Miller Ave $ 83.00 $ (83.00) $ - 2604 Whitcomb Way $ 83.00 $ (83.00) $ - 2713 Garvey Ave $ 83.00 $ (83.00) $ - 2715 Sunrise Ave $ 83.00 $ (83.00) $ - 2817 Sapphire Dr $ 83.00 $ (83.00) $ - 3005 Worchester Way $ 83.00 $ (83.00) $ - 3309 Swallow Dr $ 83.00 $ (83.00) $ - 3400 Dutch Flat Ct $ 83.00 $ (83.00) $ - 3436 Friar Tuck Way $ 83.00 $ (83.00) $ - 3536 Hallsboro Ct $ 83.00 $ (83.00) $ - 3612 Asheboro Ln $ 83.00 $ (83.00) $ - 3905 Wichita Way $ 83.00 $ (83.00) $ - 4101 Acclaim Ct $ 83.00 $ (83.00) $ - 4217 Mount Pleasant Dr $ 83.00 $ (83.00) $ - S ub to ta l $ 7,010.74 $ (6,283.80) $ 726.94 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 858 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
34 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 3 2 106 Sunset Blvd $ 5,195.00 $ (5,195.00) $ - Pa rks a nd Air 109 Roselawn Ave $ 5,195.00 $ (5,195.00) $ - Qua lity 109 Roselawn Ave $ 5,195.00 $ (5,195.00) $ - 123 Palmetto Dr $ 5,195.00 $ (5,195.00) $ - 144 Covena Ave $ 5,194.72 $ - $ 5,194.72 166 E Granger Ave $ 5,195.00 $ (5,195.00) $ - 203 James St $ 5,195.00 $ (5,195.00) $ - 214 Merced Ave $ 5,195.00 $ (5,195.00) $ - 221 Covena Ave $ 5,195.00 $ (5,195.00) $ - 225 Barozzi Ave $ 5,194.72 $ - $ 5,194.72 306 N Santa Cruz Ave $ 5,195.00 $ (5,195.00) $ - 309 E. Roseburg Ave $ 10,390.00 $ - $ 10,390.00 313 Hastings Ln $ 7,551.00 $ (3,699.99) $ 3,851.01
322 James St $ 5,195.00 $ (5,195.00) $ - 323 Locust $ 5,195.00 $ (5,195.00) $ - 323 N Wilson Ave $ 5,195.00 $ (5,195.00) $ - 332 Alturas Ave $ 5,195.00 $ (5,195.00) $ - 414 Bodem St $ 5,194.72 $ - $ 5,194.72 414 Myrtle Ave $ 5,195.00 $ (5,195.00) $ - 415 Laurel Ave $ 5,195.00 $ (5,195.00) $ - 418 Broderick Ave $ 5,195.00 $ (5,195.00) $ - 422 E Morris Ave $ 5,195.00 $ (5,195.00) $ - 435 Yosemite Ave $ 5,195.00 $ (5,195.00) $ - 445 W Orangeburg Ave $ 5,195.00 $ (5,195.00) $ - 705 Codington $ 5,195.00 $ (5,195.00) $ - 708 Roseburg Ave $ 5,195.00 $ (5,195.00) $ - 722 Badgley Dr $ 5,195.00 $ (5,195.00) $ - 809 Badgley Dr $ 5,195.00 $ (5,195.00) $ - 809 Magnolia Ave $ 5,195.00 $ (5,195.00) $ - 813 4th St $ 5,195.00 $ (5,195.00) $ - 902 Pine Tree Ln $ 5,195.00 $ (5,195.00) $ - 915 Hawthorne $ 5,195.00 $ (5,195.00) $ - 1005 Lema Ave $ 5,195.00 $ (5,195.00) $ - 1006 Santa Fe Ave $ 5,195.00 $ (5,195.00) $ - 1101 Ulrich Ave $ 5,195.00 $ (5,195.00) $ - 1104 Dixon Way $ 5,195.00 $ (5,195.00) $ - 1213 Cecil Way $ 5,195.00 $ (5,195.00) $ - 1216 Lucern Ave $ 5,195.00 $ (5,195.00) $ - 1228 Enslen Ave $ 5,194.72 $ - $ 5,194.72 1237 Mills Ave $ 5,195.00 $ (5,195.00) $ - 1301 Kurt Ave $ 5,195.00 $ (5,195.00) $ - 1317 Palomar Way $ 5,195.00 $ (5,195.00) $ - 1319 Ronald Ave $ 5,195.00 $ (5,195.00) $ - 1345 Carver Rd $ 5,195.00 $ (5,195.00) $ - 1402 Tully Rd $ 5,195.00 $ (5,195.00) $ - 1425 Del Mar Ave $ 5,195.00 $ (5,195.00) $ - 1500 Mawana Ct $ 5,194.72 $ - $ 5,194.72 1508 Del Mar Ave $ 5,195.00 $ (5,195.00) $ - 1510 Oregon Ave $ 5,194.72 $ - $ 5,194.72 1512 Scenic Dr $ 5,195.00 $ (5,195.00) $ - 1528 Radcliffe Ave $ 5,195.00 $ (5,195.00) $ - 1539 Tudor Ct $ 5,195.00 $ (5,195.00) $ - 1610 Scenic $ 5,195.00 $ (5,195.00) $ - 1614 Scenic Dr $ 5,195.00 $ (5,195.00) $ - 1705 Grassland Way $ 5,195.00 $ (5,195.00) $ - 1719 Tully $ 5,195.00 $ (5,195.00) $ - 1800 Ricky Ave $ 5,195.00 $ (5,195.00) $ - 1800 Teresa St $ 5,195.00 $ (5,195.00) $ - 1836 Paul Ave $ 5,195.00 $ (5,195.00) $ - 1901 College Ave $ 5,195.00 $ (5,195.00) $ - 1913 Wildwood Dr $ 5,195.00 $ (5,195.00) $ - 1921 Elmhurst Dr $ 5,195.00 $ (5,195.00) $ - 2016 Dora St $ 5,195.00 $ (5,195.00) $ - 2037 St Salazar Cir $ 5,195.00 $ (5,195.00) $ - 2044 Boise Ave $ 5,195.00 $ (5,195.00) $ - 2313 Gutherie St $ 5,195.00 $ (5,195.00) $ - 2314 Vera Cruz Dr $ 5,195.00 $ (5,195.00) $ - 2326 Coston Ave $ 5,195.00 $ (5,195.00) $ - 2356 Nancy Ln $ 5,195.00 $ (5,195.00) $ - 2423 Miller Ave $ 5,195.00 $ (5,195.00) $ - 2604 Whitcomb Way $ 5,195.00 $ (5,195.00) $ - 2713 Garvey Ave $ 5,195.00 $ (5,195.00) $ - 2715 Sunrise Ave $ 5,195.00 $ (5,195.00) $ - 2817 Sapphire Dr $ 5,195.00 $ (5,195.00) $ - 3005 Worchester Way $ 5,195.00 $ (5,195.00) $ - 3309 Swallow Dr $ 5,195.00 $ (5,195.00) $ - 3400 Dutch Flat Ct $ 5,195.00 $ (5,195.00) $ - 3436 Friar Tuck Way $ 5,195.00 $ (5,195.00) $ - 3536 Hallsboro Ct $ 5,195.00 $ (5,195.00) $ - 3612 Asheboro Ln $ 5,195.00 $ (5,195.00) $ - 3905 Wichita Way $ 5,195.00 $ (5,195.00) $ - 4101 Acclaim Ct $ 5,195.00 $ (5,195.00) $ - 4217 Mount Pleasant Dr $ 5,195.00 $ (5,195.00) $ - S ub to ta l $ 438,734.32 $ (393,324.99) $ 45,409.33 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 859 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
35 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 4 0 106 Sunset Blvd $ 462.00 $ (462.00) $ - Police 109 Roselawn Ave $ 462.00 $ (462.00) $ - 109 Roselawn Ave $ 462.00 $ (462.00) $ - 123 Palmetto Dr $ 462.00 $ (462.00) $ - 144 Covena Ave $ 461.78 $ - $ 461.78 166 E Granger Ave $ 462.00 $ (462.00) $ - 203 James St $ 462.00 $ (462.00) $ - 214 Merced Ave $ 462.00 $ (462.00) $ - 221 Covena Ave $ 462.00 $ (462.00) $ - 225 Barozzi Ave $ 461.78 $ - $ 461.78 306 N Santa Cruz Ave $ 462.00 $ (462.00) $ - 309 E. Roseburg Ave $ 924.00 $ - $ 924.00 313 Hastings Ln $ 766.00 $ (375.34) $ 390.66
322 James St $ 462.00 $ (462.00) $ - 323 Locust $ 462.00 $ (462.00) $ - 323 N Wilson Ave $ 462.00 $ (462.00) $ - 332 Alturas Ave $ 462.00 $ (462.00) $ - 414 Bodem St $ 461.78 $ - $ 461.78 414 Myrtle Ave $ 462.00 $ (462.00) $ - 415 Laurel Ave $ 462.00 $ (462.00) $ - 418 Broderick Ave $ 462.00 $ (462.00) $ - 422 E Morris Ave $ 462.00 $ (462.00) $ - 435 Yosemite Ave $ 462.00 $ (462.00) $ - 445 W Orangeburg Ave $ 462.00 $ (462.00) $ - 705 Codington $ 462.00 $ (462.00) $ - 708 Roseburg Ave $ 462.00 $ (462.00) $ - 722 Badgley Dr $ 462.00 $ (462.00) $ - 809 Badgley Dr $ 462.00 $ (462.00) $ - 809 Magnolia Ave $ 462.00 $ (462.00) $ - 813 4th St $ 462.00 $ (462.00) $ - 902 Pine Tree Ln $ 462.00 $ (462.00) $ - 915 Hawthorne $ 462.00 $ (462.00) $ - 1005 Lema Ave $ 462.00 $ (462.00) $ - 1006 Santa Fe Ave $ 462.00 $ (462.00) $ - 1101 Ulrich Ave $ 462.00 $ (462.00) $ - 1104 Dixon Way $ 462.00 $ (462.00) $ - 1213 Cecil Way $ 462.00 $ (462.00) $ - 1216 Lucern Ave $ 462.00 $ (462.00) $ - 1228 Enslen Ave $ 461.78 $ - $ 461.78 1237 Mills Ave $ 462.00 $ (462.00) $ - 1301 Kurt Ave $ 462.00 $ (462.00) $ - 1317 Palomar Way $ 462.00 $ (462.00) $ - 1319 Ronald Ave $ 462.00 $ (462.00) $ - 1345 Carver Rd $ 462.00 $ (462.00) $ - 1402 Tully Rd $ 462.00 $ (462.00) $ - 1425 Del Mar Ave $ 462.00 $ (462.00) $ - 1500 Mawana Ct $ 461.78 $ - $ 461.78 1508 Del Mar Ave $ 462.00 $ (462.00) $ - 1510 Oregon Ave $ 461.78 $ - $ 461.78 1512 Scenic Dr $ 462.00 $ (462.00) $ - 1528 Radcliffe Ave $ 462.00 $ (462.00) $ - 1539 Tudor Ct $ 462.00 $ (462.00) $ - 1610 Scenic $ 462.00 $ (462.00) $ - 1614 Scenic Dr $ 462.00 $ (462.00) $ - 1705 Grassland Way $ 462.00 $ (462.00) $ - 1719 Tully $ 462.00 $ (462.00) $ - 1800 Ricky Ave $ 462.00 $ (462.00) $ - 1800 Teresa St $ 462.00 $ (462.00) $ - 1836 Paul Ave $ 462.00 $ (462.00) $ - 1901 College Ave $ 462.00 $ (462.00) $ - 1913 Wildwood Dr $ 462.00 $ (462.00) $ - 1921 Elmhurst Dr $ 462.00 $ (462.00) $ - 2016 Dora St $ 462.00 $ (462.00) $ - 2037 St Salazar Cir $ 462.00 $ (462.00) $ - 2044 Boise Ave $ 462.00 $ (462.00) $ - 2313 Gutherie St $ 462.00 $ (462.00) $ - 2314 Vera Cruz Dr $ 462.00 $ (462.00) $ - 2326 Coston Ave $ 462.00 $ (462.00) $ - 2356 Nancy Ln $ 462.00 $ (462.00) $ - 2423 Miller Ave $ 462.00 $ (462.00) $ - 2604 Whitcomb Way $ 462.00 $ (462.00) $ - 2713 Garvey Ave $ 462.00 $ (462.00) $ - 2715 Sunrise Ave $ 462.00 $ (462.00) $ - 2817 Sapphire Dr $ 462.00 $ (462.00) $ - 3005 Worchester Way $ 462.00 $ (462.00) $ - 3309 Swallow Dr $ 462.00 $ (462.00) $ - 3400 Dutch Flat Ct $ 462.00 $ (462.00) $ - 3436 Friar Tuck Way $ 462.00 $ (462.00) $ - 3536 Hallsboro Ct $ 462.00 $ (462.00) $ - 3612 Asheboro Ln $ 462.00 $ (462.00) $ - 3905 Wichita Way $ 462.00 $ (462.00) $ - 4101 Acclaim Ct $ 462.00 $ (462.00) $ - 4217 Mount Pleasant Dr $ 462.00 $ (462.00) $ - S ub to ta l $ 39,110.68 $ (35,025.34) $ 4,085.34 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 860 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
36 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 50 106 Sunset Blvd $ 220.00 $ (220.00) $ - Fire 109 Roselawn Ave $ 220.00 $ (220.00) $ - 109 Roselawn Ave $ 220.00 $ (220.00) $ - 123 Palmetto Dr $ 220.00 $ (220.00) $ - 144 Covena Ave $ 220.48 $ - $ 220.48 166 E Granger Ave $ 220.00 $ (220.00) $ - 203 James St $ 220.00 $ (220.00) $ - 214 Merced Ave $ 220.00 $ (220.00) $ - 221 Covena Ave $ 220.00 $ (220.00) $ - 225 Barozzi Ave $ 220.48 $ - $ 220.48 306 N Santa Cruz Ave $ 220.00 $ (220.00) $ - 309 E. Roseburg Ave $ 440.00 $ - $ 440.00 313 Hastings Ln $ 477.00 $ (233.73) $ 243.27
322 James St $ 220.00 $ (220.00) $ - 323 Locust $ 220.00 $ (220.00) $ - 323 N Wilson Ave $ 220.00 $ (220.00) $ - 332 Alturas Ave $ 220.00 $ (220.00) $ - 414 Bodem St $ 220.48 $ - $ 220.48 414 Myrtle Ave $ 220.00 $ (220.00) $ - 415 Laurel Ave $ 220.00 $ (220.00) $ - 418 Broderick Ave $ 220.00 $ (220.00) $ - 422 E Morris Ave $ 220.00 $ (220.00) $ - 435 Yosemite Ave $ 220.00 $ (220.00) $ - 445 W Orangeburg Ave $ 220.00 $ (220.00) $ - 705 Codington $ 220.00 $ (220.00) $ - 708 Roseburg Ave $ 220.00 $ (220.00) $ - 722 Badgley Dr $ 220.00 $ (220.00) $ - 809 Badgley Dr $ 220.00 $ (220.00) $ - 809 Magnolia Ave $ 220.00 $ (220.00) $ - 813 4th St $ 220.00 $ (220.00) $ - 902 Pine Tree Ln $ 220.00 $ (220.00) $ - 915 Hawthorne $ 220.00 $ (220.00) $ - 1005 Lema Ave $ 220.00 $ (220.00) $ - 1006 Santa Fe Ave $ 220.00 $ (220.00) $ - 1101 Ulrich Ave $ 220.00 $ (220.00) $ - 1104 Dixon Way $ 220.00 $ (220.00) $ - 1213 Cecil Way $ 220.00 $ (220.00) $ - 1216 Lucern Ave $ 220.00 $ (220.00) $ - 1228 Enslen Ave $ 220.48 $ - $ 220.48 1237 Mills Ave $ 220.00 $ (220.00) $ - 1301 Kurt Ave $ 220.00 $ (220.00) $ - 1317 Palomar Way $ 220.00 $ (220.00) $ - 1319 Ronald Ave $ 220.00 $ (220.00) $ - 1345 Carver Rd $ 220.00 $ (220.00) $ - 1402 Tully Rd $ 220.00 $ (220.00) $ - 1425 Del Mar Ave $ 220.00 $ (220.00) $ - 1500 Mawana Ct $ 220.48 $ - $ 220.48 1508 Del Mar Ave $ 220.00 $ (220.00) $ - 1510 Oregon Ave $ 220.48 $ - $ 220.48 1512 Scenic Dr $ 220.00 $ (220.00) $ - 1528 Radcliffe Ave $ 220.00 $ (220.00) $ - 1539 Tudor Ct $ 220.00 $ (220.00) $ - 1610 Scenic $ 220.00 $ (220.00) $ - 1614 Scenic Dr $ 220.00 $ (220.00) $ - 1705 Grassland Way $ 220.00 $ (220.00) $ - 1719 Tully $ 220.00 $ (220.00) $ - 1800 Ricky Ave $ 220.00 $ (220.00) $ - 1800 Teresa St $ 220.00 $ (220.00) $ - 1836 Paul Ave $ 220.00 $ (220.00) $ - 1901 College Ave $ 220.00 $ (220.00) $ - 1913 Wildwood Dr $ 220.00 $ (220.00) $ - 1921 Elmhurst Dr $ 220.00 $ (220.00) $ - 2016 Dora St $ 220.00 $ (220.00) $ - 2037 St Salazar Cir $ 220.00 $ (220.00) $ - 2044 Boise Ave $ 220.00 $ (220.00) $ - 2313 Gutherie St $ 220.00 $ (220.00) $ - 2314 Vera Cruz Dr $ 220.00 $ (220.00) $ - 2326 Coston Ave $ 220.00 $ (220.00) $ - 2356 Nancy Ln $ 220.00 $ (220.00) $ - 2423 Miller Ave $ 220.00 $ (220.00) $ - 2604 Whitcomb Way $ 220.00 $ (220.00) $ - 2713 Garvey Ave $ 220.00 $ (220.00) $ - 2715 Sunrise Ave $ 220.00 $ (220.00) $ - 2817 Sapphire Dr $ 220.00 $ (220.00) $ - 3005 Worchester Way $ 220.00 $ (220.00) $ - 3309 Swallow Dr $ 220.00 $ (220.00) $ - 3400 Dutch Flat Ct $ 220.00 $ (220.00) $ - 3436 Friar Tuck Way $ 220.00 $ (220.00) $ - 3536 Hallsboro Ct $ 220.00 $ (220.00) $ - 3612 Asheboro Ln $ 220.00 $ (220.00) $ - 3905 Wichita Way $ 220.00 $ (220.00) $ - 4101 Acclaim Ct $ 220.00 $ (220.00) $ - 4217 Mount Pleasant Dr $ 220.00 $ (220.00) $ - S ub to ta l $ 18,739.88 $ (16,733.73) $ 2,006.15 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 861 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
37 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 34 7 0 106 Sunset Blvd $ 387.00 $ (387.00) $ - Ge ne ra l 109 Roselawn Ave $ 387.00 $ (387.00) $ - Gove rnme nt 109 Roselawn Ave $ 387.00 $ (387.00) $ - 123 Palmetto Dr $ 387.00 $ (387.00) $ - 144 Covena Ave $ 387.06 $ - $ 387.06 166 E Granger Ave $ 387.00 $ (387.00) $ - 203 James St $ 387.00 $ (387.00) $ - 214 Merced Ave $ 387.00 $ (387.00) $ - 221 Covena Ave $ 387.00 $ (387.00) $ - 225 Barozzi Ave $ 387.06 $ - $ 387.06 306 N Santa Cruz Ave $ 387.00 $ (387.00) $ - 309 E. Roseburg Ave $ 774.00 $ - $ 774.00 313 Hastings Ln $ 631.00 $ (309.19) $ 321.81
322 James St $ 387.00 $ (387.00) $ - 323 Locust $ 387.00 $ (387.00) $ - 323 N Wilson Ave $ 387.00 $ (387.00) $ - 332 Alturas Ave $ 387.00 $ (387.00) $ - 414 Bodem St $ 387.06 $ - $ 387.06 414 Myrtle Ave $ 387.00 $ (387.00) $ - 415 Laurel Ave $ 387.00 $ (387.00) $ - 418 Broderick Ave $ 387.00 $ (387.00) $ - 422 E Morris Ave $ 387.00 $ (387.00) $ - 435 Yosemite Ave $ 387.00 $ (387.00) $ - 445 W Orangeburg Ave $ 387.00 $ (387.00) $ - 705 Codington $ 387.00 $ (387.00) $ - 708 Roseburg Ave $ 387.00 $ (387.00) $ - 722 Badgley Dr $ 387.00 $ (387.00) $ - 809 Badgley Dr $ 387.00 $ (387.00) $ - 809 Magnolia Ave $ 387.00 $ (387.00) $ - 813 4th St $ 387.00 $ (387.00) $ - 902 Pine Tree Ln $ 387.00 $ (387.00) $ - 915 Hawthorne $ 387.00 $ (387.00) $ - 1005 Lema Ave $ 387.00 $ (387.00) $ - 1006 Santa Fe Ave $ 387.00 $ (387.00) $ - 1101 Ulrich Ave $ 387.00 $ (387.00) $ - 1104 Dixon Way $ 387.00 $ (387.00) $ - 1213 Cecil Way $ 387.00 $ (387.00) $ - 1216 Lucern Ave $ 387.00 $ (387.00) $ - 1228 Enslen Ave $ 387.06 $ - $ 387.06 1237 Mills Ave $ 387.00 $ (387.00) $ - 1301 Kurt Ave $ 387.00 $ (387.00) $ - 1317 Palomar Way $ 387.00 $ (387.00) $ - 1319 Ronald Ave $ 387.00 $ (387.00) $ - 1345 Carver Rd $ 387.00 $ (387.00) $ - 1402 Tully Rd $ 387.00 $ (387.00) $ - 1425 Del Mar Ave $ 387.00 $ (387.00) $ - 1500 Mawana Ct $ 387.06 $ - $ 387.06 1508 Del Mar Ave $ 387.00 $ (387.00) $ - 1510 Oregon Ave $ 387.06 $ - $ 387.06 1512 Scenic Dr $ 387.00 $ (387.00) $ - 1528 Radcliffe Ave $ 387.00 $ (387.00) $ - 1539 Tudor Ct $ 387.00 $ (387.00) $ - 1610 Scenic $ 387.00 $ (387.00) $ - 1614 Scenic Dr $ 387.00 $ (387.00) $ - 1705 Grassland Way $ 387.00 $ (387.00) $ - 1719 Tully $ 387.00 $ (387.00) $ - 1800 Ricky Ave $ 387.00 $ (387.00) $ - 1800 Teresa St $ 387.00 $ (387.00) $ - 1836 Paul Ave $ 387.00 $ (387.00) $ - 1901 College Ave $ 387.00 $ (387.00) $ - 1913 Wildwood Dr $ 387.00 $ (387.00) $ - 1921 Elmhurst Dr $ 387.00 $ (387.00) $ - 2016 Dora St $ 387.00 $ (387.00) $ - 2037 St Salazar Cir $ 387.00 $ (387.00) $ - 2044 Boise Ave $ 387.00 $ (387.00) $ - 2313 Gutherie St $ 387.00 $ (387.00) $ - 2314 Vera Cruz Dr $ 387.00 $ (387.00) $ - 2326 Coston Ave $ 387.00 $ (387.00) $ - 2356 Nancy Ln $ 387.00 $ (387.00) $ - 2423 Miller Ave $ 387.00 $ (387.00) $ - 2604 Whitcomb Way $ 387.00 $ (387.00) $ - 2713 Garvey Ave $ 387.00 $ (387.00) $ - 2715 Sunrise Ave $ 387.00 $ (387.00) $ - 2817 Sapphire Dr $ 387.00 $ (387.00) $ - 3005 Worchester Way $ 387.00 $ (387.00) $ - 3309 Swallow Dr $ 387.00 $ (387.00) $ - 3400 Dutch Flat Ct $ 387.00 $ (387.00) $ - 3436 Friar Tuck Way $ 387.00 $ (387.00) $ - 3536 Hallsboro Ct $ 387.00 $ (387.00) $ - 3612 Asheboro Ln $ 387.00 $ (387.00) $ - 3905 Wichita Way $ 387.00 $ (387.00) $ - 4101 Acclaim Ct $ 387.00 $ (387.00) $ - 4217 Mount Pleasant Dr $ 387.00 $ (387.00) $ - S ubto tal $ 32,752.36 $ (29,334.19) $ 3,418.17 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 862 -

CITY OF MODESTO

CAPITAL FACILITIES FEES ANNUAL REPORT
FISCAL YEAR 2023-24
38 Table 11b, cont’d: Exemptions for Accessory Dwelling Units Fund 3 4 8 0 106 Sunset Blvd $ 194.00 $ (194.00) $ - Administra tion 109 Roselawn Ave $ 194.00 $ (194.00) $ - 109 Roselawn Ave $ 194.00 $ (194.00) $ - 123 Palmetto Dr $ 194.00 $ (194.00) $ - 144 Covena Ave $ 193.53 $ - $ 193.53 166 E Granger Ave $ 194.00 $ (194.00) $ - 203 James St $ 194.00 $ (194.00) $ - 214 Merced Ave $ 194.00 $ (194.00) $ - 221 Covena Ave $ 194.00 $ (194.00) $ - 225 Barozzi Ave $ 193.53 $ - $ 193.53 306 N Santa Cruz Ave $ 194.00 $ (194.00) $ - 309 E. Roseburg Ave $ 388.00 $ - $ 388.00 313 Hastings Ln $ 357.00 $ (174.93) $ 182.07
322 James St $ 194.00 $ (194.00) $ - 323 Locust $ 194.00 $ (194.00) $ - 323 N Wilson Ave $ 194.00 $ (194.00) $ - 332 Alturas Ave $ 194.00 $ (194.00) $ - 414 Bodem St $ 193.53 $ - $ 193.53 414 Myrtle Ave $ 194.00 $ (194.00) $ - 415 Laurel Ave $ 194.00 $ (194.00) $ - 418 Broderick Ave $ 194.00 $ (194.00) $ - 422 E Morris Ave $ 194.00 $ (194.00) $ - 435 Yosemite Ave $ 194.00 $ (194.00) $ - 445 W Orangeburg Ave $ 194.00 $ (194.00) $ - 705 Codington $ 194.00 $ (194.00) $ - 708 Roseburg Ave $ 194.00 $ (194.00) $ - 722 Badgley Dr $ 194.00 $ (194.00) $ - 809 Badgley Dr $ 194.00 $ (194.00) $ - 809 Magnolia Ave $ 194.00 $ (194.00) $ - 813 4th St $ 194.00 $ (194.00) $ - 902 Pine Tree Ln $ 194.00 $ (194.00) $ - 915 Hawthorne $ 194.00 $ (194.00) $ - 1005 Lema Ave $ 194.00 $ (194.00) $ - 1006 Santa Fe Ave $ 194.00 $ (194.00) $ - 1101 Ulrich Ave $ 194.00 $ (194.00) $ - 1104 Dixon Way $ 194.00 $ (194.00) $ - 1213 Cecil Way $ 194.00 $ (194.00) $ - 1216 Lucern Ave $ 194.00 $ (194.00) $ - 1228 Enslen Ave $ 193.53 $ - $ 193.53 1237 Mills Ave $ 194.00 $ (194.00) $ - 1301 Kurt Ave $ 194.00 $ (194.00) $ - 1317 Palomar Way $ 194.00 $ (194.00) $ - 1319 Ronald Ave $ 194.00 $ (194.00) $ - 1345 Carver Rd $ 194.00 $ (194.00) $ - 1402 Tully Rd $ 194.00 $ (194.00) $ - 1425 Del Mar Ave $ 194.00 $ (194.00) $ - 1500 Mawana Ct $ 193.53 $ - $ 193.53 1508 Del Mar Ave $ 194.00 $ (194.00) $ - 1510 Oregon Ave $ 193.53 $ - $ 193.53 1512 Scenic Dr $ 194.00 $ (194.00) $ - 1528 Radcliffe Ave $ 194.00 $ (194.00) $ - 1539 Tudor Ct $ 194.00 $ (194.00) $ - 1610 Scenic $ 194.00 $ (194.00) $ - 1614 Scenic Dr $ 194.00 $ (194.00) $ - 1705 Grassland Way $ 194.00 $ (194.00) $ - 1719 Tully $ 194.00 $ (194.00) $ - 1800 Ricky Ave $ 194.00 $ (194.00) $ - 1800 Teresa St $ 194.00 $ (194.00) $ - 1836 Paul Ave $ 194.00 $ (194.00) $ - 1901 College Ave $ 194.00 $ (194.00) $ - 1913 Wildwood Dr $ 194.00 $ (194.00) $ - 1921 Elmhurst Dr $ 194.00 $ (194.00) $ - 2016 Dora St $ 194.00 $ (194.00) $ - 2037 St Salazar Cir $ 194.00 $ (194.00) $ - 2044 Boise Ave $ 194.00 $ (194.00) $ - 2313 Gutherie St $ 194.00 $ (194.00) $ - 2314 Vera Cruz Dr $ 194.00 $ (194.00) $ - 2326 Coston Ave $ 194.00 $ (194.00) $ - 2356 Nancy Ln $ 194.00 $ (194.00) $ - 2423 Miller Ave $ 194.00 $ (194.00) $ - 2604 Whitcomb Way $ 194.00 $ (194.00) $ - 2713 Garvey Ave $ 194.00 $ (194.00) $ - 2715 Sunrise Ave $ 194.00 $ (194.00) $ - 2817 Sapphire Dr $ 194.00 $ (194.00) $ - 3005 Worchester Way $ 194.00 $ (194.00) $ - 3309 Swallow Dr $ 194.00 $ (194.00) $ - 3400 Dutch Flat Ct $ 194.00 $ (194.00) $ - 3436 Friar Tuck Way $ 194.00 $ (194.00) $ - 3536 Hallsboro Ct $ 194.00 $ (194.00) $ - 3612 Asheboro Ln $ 194.00 $ (194.00) $ - 3905 Wichita Way $ 194.00 $ (194.00) $ - 4101 Acclaim Ct $ 194.00 $ (194.00) $ - 4217 Mount Pleasant Dr $ 194.00 $ (194.00) $ - S ub to tal $ 16,456.18 $ (14,724.93) $ 1,731.25 TOTAL $ 1,0 3 4,8 9 6 .0 0 $ (9 2 7,6 4 1.5 4 ) $ 107 ,2 5 4 .4 6 Fund Address CFF Due CFF Credit CFF Paid
#23..
- 863 -
Combining Statements of Revenues, Expenditures and Changes in Fund Balance Year Ended June 30, 2024 3410 3420 3430 3432 3440 3450 3460 3470 3480
Streets Public Transp. Air
Quality
Parks & Air
Quality Police Fire Parks General Gov't Admin. Total
REVENUES:

Intergovernmental $ (417,948) $ - $ - $ - $ - $ - $ - $ - $ - $ (417,948) Fees Collected $ 3,649,898 $ 64,721 $ - $ 731,604 $ 165,438 $ 83,102 $ - $ 137,598 $ 105,453 $ 4,937,814 Interest and Rent $ 784,387 $ 13,964 $ - $ 273,692 $ 6,225 $ 2,149 $ - $ 4,211 $ 6,462 $ 1,091,090 Net Change in Fair Value of Investments $ 691,952 $ 12,524 $ - $ 259,546 $ 5,894 $ 2,020 $ - $ 3,853 $ 5,081 $ 980,870 Miscellaneous $ 16,885 $ - $ - $ - $ - $ - $ - $ - $ 16,885 TOTAL REVENUES $ 4,725,174 $ 91,209 $ - $ 1,264,842 $ 177,557 $ 87,271 $ - $ 145,662 $ 116,996 $ 6,608,711 EXPENDITURES:

Current:

General Gov’t. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Community Development $ - $ - $ - $ - $ - $ - $ - $ - $ 16,066 $ 16,066 Highways and Streets $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Public Works $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Parks and Recreation $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Public Safety $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Capital Outlay: $ -
Community Development $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Highways and Streets $ 2,661,728 $ - $ - $ - $ - $ - $ - $ - $ - $ 2,661,728 Parks and Recreation $ - $ - $ - $ - $ - $ - $ 100,250 $ - $ - $ 100,250 TOTAL EXPENDITURES $ 2,661,728 $ - $ - $ - $ - $ - $ 100,250 $ - $ 16,066 $ 2,778,044

EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER)
EXPENDITURES $ 2,063,446 $ 91,209 $ - $ 1,264,842 $ 177,557 $ 87,271 $ (100,250) $ 145,662 $ 100,930 $ 3,830,667

OTHER FINANCING SOURCES (USES)
Transfers In $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Transfers Out 1 $ (1,743,304) $ - $ - $ (987,505) $ (373,000) $ (10,487) $ - $ (258,000) $ - $ (3,372,296) Sale of Assets $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
TOTAL OTHER FINANCING SOURCES $ (1,743,304) $ - $ - $ (987,505) $ (373,000) $ (10,487) $ - $ (258,000) $ - $ (3,372,296) EXCESS (DEFICIENCY) OF REVENUES & OTHER USES $ 320,142 $ 91,209 $ - $ 277,337 $ (195,443) $ 76,784 $ (100,250) $ (112,338) $ 100,930 $ 458,371 FUND BALANCES, July 1 $ 34,757,948 $ 543,434 $ - $ 8,543,445 $ 204,532 $ (380,926) $ 2,756,710 $ 119,562 $ 189,229 $ 46,733,934 PRIOR PERIOD ADJUSTMENT $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - FUND BALANCES, June 30 $ 35,078,090 $ 634,643 $ - $ 8,820,782 $ 9,089 $ (304,142) $ 2,656,460 $ 7,224 $ 290,159 $ 47,192,305 1 Transfer out for Fund 3450 Fire only reflects the interest owed.

FY 2023-24
#23..
- 864 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: September 30, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Hearing to consider accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

California Government Code section 66000 allows a local jurisdiction to collect impact fees as a condition of approval of a development project in order to construct facilities needed to serve future development. These fees must have the proper nexus to any project on which they are imposed and may only be used for the purchase, construction, expansion, rehabilitation, or acquisition of public facilities.

Annual reporting of fees collected by a local agency is required by Government Code section 66006.1 The impact fees collected must be segregated from general funds and other funds containing fees collected for other improvements. Interest on each fee fund or account must be credited to that fund or account and be used only for the purpose for which the fee was collected. California Government Code section 66006(b) further requires that a local agency make the following information available to the public for each separate fee fund on an annual basis and that the local agency review that information at a public meeting. A public hearing notice was posted in the Modesto Bee in accordance with applicable law. The law also requires the annual report include certain information for the prior fiscal year and be made available within 180 days after the last day of each fiscal year. 1 Mitigation Fee Act
#24..
- 865 -
City Council, December 3, 2024
Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements