Agenda packet — Modesto City Council, June 3, 2025 (part 4 of 5)

On April 5, 2022, by Resolution No. 2022-60, Council approved a First Amendment with Sun Valley Transport, Inc., for the hauling of non-hazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years.

DISCUSSION:

On October 21, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Hauling of Non-Hazardous Brine. On November 20, 2024, the Purchasing Division issued Invitation for Bids (IFB) No. 2425-25 for the Hauling of Non-Hazardous Brine on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders which included twenty (20) local vendors, were notified online and via email of the bid opportunity. Twenty-one (21) companies downloaded the IFB document from PlanetBids.

On December 17, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Six (6) companies chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Hauling of Non-Hazardous Brine to B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA as Primary, and Sun Valley Transport, Inc., Hughson, CA as Secondary, for a two (2) year agreement with three (3) one-year extension options, for a combined estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over five (5) years. Staff is requesting to give the Director of Finance the authority to adjust agreement totals between vendors based on contractor availability and department needs.

To ensure continued service to the City, contracts may be awarded to more than one contractor to provide backup if the primary contractor is unable to meet the City’s needs. A secondary contractor may be awarded a specific job if the primary contractor is unable to perform the service, unable to complete the specific job within the time frame required by the City, or unable to maintain acceptable quality standards required by the City.

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. An award of Bid and Agreements for the Hauling of Non-Hazardous Brine to Cal Valley Trucking and Sun Valley Transport conforms to the Modesto Municipal Code because the City complied with formal bid procedures, and Cal Valley Trucking and Sun Valley Transport were the lowest responsive and responsible bidders.

FISCAL IMPACT:

Expenditures for hauling of non-hazardous brine over the past five (5) years are listed below:

Contract Year Expended
CY1 (2020-21) $ 83,600
CY2 (2021-22) $131,320
CY3 (2022-23) $ 96,105
CY4 (2023-24) $ 67,170
CY5 (2024-25 ytd) $ 55,130
Grand Total $433,325
1 95847 Freight Management Services
96100 Miscellaneous Services No. 1 (Not Otherwise Classified) 96200 Miscellaneous Services No. 2 (Not Otherwise Classified) 96286 Transportation of Goods And Other Freight Services 07000 Automotive Vehicles And Related Transportation Equipment (Including Trailers) #21..
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City Council Meeting, June 3, 2025
Agreements for Hauling of Non-Hazardous Brine for Water Division

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In year four of the current agreement, expenditures were significantly reduced, as no brine hauling occurred while staff replaced the Ion Exchange treatment system. During the first three years of the agreement, brine hauling averaged 164 loads annually, with a peak of 193 loads in the second year.

At the proposed rate of $745.00 per load, historical usage would result in expenditures ranging from $122,180 to $143,785 annually. Brine removal is essential to the continued operation of the Grayson plant, the sole provider of potable water for the community. Therefore, staff must anticipate and plan for potentially high volumes of brine removal to ensure uninterrupted operations and continued access to safe drinking water.

The table below shows the projected combined spending for both vendors, with the first two (2) years fixed and a 5.8% Consumer Price Index (CPI) increase annually in years three (3) through five (5). Estimated expenditures are budgeted in the Water Fund (4100).

Agreement Year
(Term Dates)
Combined
Total
Year 1, 8/10/25 – 8/9/26 $150,000
Year 2, 8/10/26 – 8/9/27 $150,000
Year 3, 8/10/27 – 8/9/28 $158,700
Year 4, 8/10/28 – 8/9/29 $167,910
Year 5, 8/10/29 – 8/9/30 $177,650
Total Not To Exceed $804,260
*Years 3, 4 and 5 include an annual 5.8% Consumer Price Index increase.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the May 5, 2025 meeting, where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Award of Bid and Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over five years; giving the Director of Finance, or her designee, the authority to adjust Agreement totals between vendors based on contractor availability and department needs; and authorizing the City Manager, or his designee, to execute the Agreements.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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City Council Meeting, June 3, 2025
Agreements for Hauling of Non-Hazardous Brine for Water Division

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Attachments:

1. Resolution

2. Agreement – Cal Valley Trucking

3. Agreement – Sun Valley Transport

4. Exhibit B, Bid Submittal – Cal Valley Trucking

5. Exhibit B, Bid Submittal – Sun Valley Transport

6. Exhibit C, IFB No. 2425-25

7. Cost Abstract, IFB No. 2425-25
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06/03/2025/Utilities/WWong/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR

THE HAULING OF NON-HAZARDOUS BRINE WITH B & B HARVESTING, INC. DBA CAL VALLEY TRUCKING, MODESTO, CA, AND SUN VALLEY TRANSPORT, INC., HUGHSON, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $150,000 AND A TOTAL COMBINED AMOUNT NOT TO EXCEED $804,260 OVER FIVE YEARS; GIVING THE DIRECTOR OF

FINANCE, OR HER DESIGNEE, THE AUTHORITY TO ADJUST AGREEMENT

TOTALS BETWEEN VENDORS BASED ON CONTRACTOR AVAILABILITY AND DEPARTMENT NEEDS; AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Modesto operates a water treatment facility in the community of Grayson. This treatment facility provides safe and reliable drinking water for the residents of the community; and
WHEREAS, as part of the water treatment process, a waste brine is generated that needs to be disposed of on an as-needed basis. Modesto’s wastewater treatment permit does not allow the disposal of this brine waste at its facility. The removal of brine is imperative to keep the Grayson treatment facility operational; and WHEREAS, the City currently contracts with Envirogen, Inc., to operate an ion exchange system that uses food grade salt (similar to a water softener) to backwash the ion exchange media and reduce high nitrate levels in the Grayson water system; and WHEREAS, the system must be flushed regularly, which creates a non-hazardous brine waste product. This waste is then hauled under contract to East Bay Municipal Utility District, an approved waste disposal facility located in Oakland, California; and WHEREAS, on September 1, 2020, by Resolution No. 2020-345, Council approved the award of proposal for the hauling of non-hazardous brine services to Sun Valley Transport, Inc., for a total not to exceed $458,915 over five years; and #21..
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06/03/2025/Utilities/WWong/Item X 2 2025-XX
WHEREAS, on April 5, 2022, by Resolution No. 2022-60, Council approved a First Amendment with Sun Valley Transport, Inc., for the hauling of non-hazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years; and
WHEREAS, on October 21, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Hauling of Non-Hazardous Brine. On November 20, 2024, the Purchasing Division issued Invitation for Bids (IFB) No. 2425-25 for the Hauling of Non-Hazardous Brine on the City’s PlanetBids public bidding website under various commodity codes. Prospective bidders were notified online which included twenty (20) local vendors and via email of the bid opportunity. Twenty-one (21) companies downloaded the IFB document from PlanetBids; and
WHEREAS, on December 17, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Six (6) companies chose to respond.

Based on providing the lowest responsive and responsible bid, City staff recommended to award the Hauling of Non-Hazardous Brine to B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA as Primary, and Sun Valley Transport, Inc., Hughson, CA as Secondary; and
WHEREAS, to ensure continued service to the City, contracts may be awarded to more than one contractor to provide backup if the primary contractor is unable to meet the City’s needs. A secondary contractor may be awarded a specific job if the primary contractor is unable to perform the service, unable to complete the specific job within the time frame required by the City, or unable to maintain acceptable quality standards required by the City; and
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06/03/2025/Utilities/WWong/Item X 3 2025-XX
WHEREAS, staff is requesting to give the Director of Finance the authority to adjust agreement totals between vendors based on availability and department needs; 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. An award of Bid and Agreements for the Hauling of NonHazardous Brine to Cal Valley Trucking and Sun Valley Transport conforms to the Modesto Municipal Code because the City complied with formal bid procedures, and Cal Valley Trucking and Sun Valley Transport were the lowest responsive and responsible bidders.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreements for the Hauling of NonHazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a two (2) year agreement with three (3) oneyear extension options, for a combined estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over five years; and giving the Director of Finance, or her designee, the authority to adjust agreement totals between vendors based on contractor availability and department needs.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreements in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of June, 2025, by __________________ who moved its adoption, which motion being duly seconded by __________________, was upon roll call carried and the resolution adopted by the following vote:
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06/03/2025/Utilities/WWong/Item X 4 2025-XX
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 ANNUAL AGREEMENT # 295853 FOR HAULING OF NON-HAZARDOUS BRINE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and B & B Harvesting, Inc. dba Cal Valley Trucking, a California corporation, hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the HAULING OF NON-HAZARDOUS BRINE SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the HAULING OF NONHAZAROUS BRINE SERVICES as described in IFB 2425-25, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $135,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $723,824. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown in the Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit Unit Price
Hauling Services from the Grayson Facility at 8417
Yamamoto Way to 2020 Wake Road, Oakland, CA.
(Round Trip = 152 miles)
Any Fuel Surcharge shall be included in pricing
Trip $744.94

2. CITY REPRESENTATIVE:

CITY Representative: Tony Benns, Wells & Tanks Operations Supervisor, 209-652-0002, [email protected]
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3 Purchasing Representative: Nani Hollingsworth, Assistant Buyer, 209-577-5296, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Nathaniel “Nate” Dabney, CFO, 209-545-8300, [email protected]

4. TERM OF AGREEMENT:

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

Year 1: SEPTEMBER 7, 2025 through SEPTEMBER 6, 2026
Year 2: SEPTEMBER 7, 2026 through SEPTEMBER 6, 2027
Year 3: SEPTEMBER 7, 2027 through SEPTEMBER 6, 2028
Year 4: SEPTEMBER 7, 2028 through SEPTEMBER 6, 2029
Year 5: SEPTEMBER 7, 2029 through SEPTEMBER 6, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year. #21..
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4 Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. LIABILITY 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 “D” to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit “D” to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendors are responsible for uploading and maintaining updated insurance.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT 295853
 CITY department/division name and address
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5  Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, 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. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California
This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.
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6 9. 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.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
a. Proof of insurance (approved by CITY Risk Manager); and b. Resolution No.2025-_______;
c. CONTRACTOR Bid submittal;
d. IFB No. 2425-25;
e. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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 10 days after receipt of notification, the breaching party shall correct any nonperformance 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: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were #21..
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8 performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
j. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; k. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:
a. It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may: Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or #21..
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9 b. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. Contractor's Responsibility for Damages:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to #21..
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10 repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

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

CONTRACTOR: Nate Dabney
Cal Valley Trucking
2842 Ladd Rd
Modesto, CA 95356
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
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11 21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

22. NON-DISCRIMINATION:

A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
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12 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is #21..
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13 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.

25. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT.

CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT.

Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance. #21..
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14 29. 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.

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit B, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related 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 or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. 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.
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15 Exhibit D:

Environmental 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 $2,000,000 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.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton 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 Stockton.

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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16 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. For completed operations, 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.

Claims Made Policies (applicable to Pollution 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.

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.

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 #21..
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17 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.

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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18 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 2025 and B & B Harvesting, Inc. dba Cal Valley Trucking has caused this Agreement to be duly executed.
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1 ANNUAL AGREEMENT # 294316 FOR HAULING OF NON-HAZARDOUS BRINE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Sun Valley Transport, Inc., a California corporation, hereinafter called CONTRACTOR.

W I T N E S S E T H:

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $15,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $80,426. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown in the Bid attached hereto as Exhibit B.

2. CITY REPRESENTATIVE:

CITY Representative: Tony Benns, Wells & Tanks Operations Supervisor, 209-652-0002, [email protected]
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3 Purchasing Representative: Nani Hollingsworth, Assistant Buyer, 209-577-5296, [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Katie Borrelli, Owner, 209-678-0548, [email protected]

4. TERM OF AGREEMENT:

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

Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year. #21..
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4 Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. LIABILITY INSURANCE:

6. PAYMENT:

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT 294316
 CITY department/division name and address
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5  Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

7. INDEMNITY:

8. VENUE & GOVERNING LAW:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

11. TERMINATION OF SERVICES:

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
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7 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were #21..
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8 performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
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9 13. FAILURE TO PERFORM SATISFACTORY WORK:
a. It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may: Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or b. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

14. ASSIGNMENT OF RIGHTS:

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #21..
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10 16. Contractor's Responsibility for Damages:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

CONTRACTOR: Katie Borrelli
Sun Valley Transport Inc
8125 Alderson Rd
Hughson, CA 95326
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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11 20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

22. NON-DISCRIMINATION:

A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title #21..
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12 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby #21..
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13 agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. 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.

25. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT.

CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

27. DRUG FREE WORKPLACE:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER:

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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17 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.

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

Claims Made Policies (applicable to Pollution 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.

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 #21..
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18 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.

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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19 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 2025 and Sun Valley Transport, Inc. has caused this Agreement to be duly executed. #21..
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EXHIBIT B #21..
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EXHIBIT B #21..
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1 INVITATION FOR BIDS (“IFB”) NO. 2425-25
FOR

HAULING OF NON-HAZARDOUS BRINE
BID OPENING: December 17, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nani Hollingsworth, Assistant Buyer E-MAIL ADDRESS: [email protected]

EXHIBIT C
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
BRINE
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 23 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 24 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 26 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 28 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 29 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 30 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 32 BID FORM L - SUBCONTRACTOR LIST.......................................................................................... 33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 34 SAMPLE ANNUAL AGREEMENT..................................................................................................... 37 #21..
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
BRINE
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the Hauling of Non-Hazardous Brine equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Water Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, December 17, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #21..
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
BRINE
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2425-25
BID OPENING DATE: DECEMBER 17, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

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

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

No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
BRINE
5 CALENDAR OF EVENTS
Event Date
IFB Issued November 20, 2024
Written Questions Due via Email November 26, 2024
Addendum Issued (if required) December 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, December 17, 2024 Contract Award Approximately June 2025

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site conditions (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #21..
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
BRINE
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 17, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2425-25

HAULING OF NON-HAZARDOUS
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
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8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid, except for claims arising from the willful or active negligence of the City. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of thirdparty suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. #21..
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10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days on which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
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11 • A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
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12 Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
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13 All protest appeals to the City Council shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. #21..
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14 f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #21..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #21..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

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

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

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

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #21..
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17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.

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

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after coming due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. #21..
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18 Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. One “Inked” Signed Original Bids Document Required: Failure to furnish one “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.** Item Description
Estimated
Annual
Hauls
Unit Unit Price Extended Price
Hauling Services from the Grayson Facility at
8417 Yamamoto Way to 2020 Wake Road,
Oakland, CA. (Round Trip = 152 miles)
Any Fuel Surcharge shall be included in pricing
216 Trip
$______________ $______________
ePay 1% Discount for choosing Option A $
Total $
Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Option B Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing: ___ Choose by checking () here.
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22 THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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23 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:
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25 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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26 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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BRINE
27 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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HAULING OF NON-HAZARDOUS
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28 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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

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

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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HAULING OF NON-HAZARDOUS
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29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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HAULING OF NON-HAZARDOUS
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30 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder acknowledges that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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HAULING OF NON-HAZARDOUS
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31 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #21..
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33 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto, Utilities Department, Water Division, seeks a qualified contractor to provide for the loading, transportation and unloading of non-hazardous brine waste material. The non-hazardous brine waste is collected from ion exchange drinking water treatment systems. The brine is generated during the removal of nitrates from the two (2) drinking water wells owned and operated by the City of Modesto. The non-hazardous brine waste shall be loaded from one (1) tank site located in the Modesto area then transported to East Bay Municipal Utility District (EBMUD) waste disposal plant, located at 2020 Wake Ave, Oakland, CA. This IFB is for the loading, transporting, and unloading of non-hazardous brine waste only. All disposal fees will be billed direct to the City of Modesto by EBMUD.

1.1 SITE LOCATION AND CONDITIONS:

A. Grayson Facility – 8417 Yamaoto Way, Grayson, CA

1. Two (2) Tanks – accessible via a cam-lock pumping station located near the curb.

2. Size – 8,500 gallons each.

3. Quantity – The monthly historical data shows a high of twenty (20) hauls per month and a low of four (4) hauls per month.

1.2 TECHNICAL SPECIFICATIONS:

A. The successful Contractor shall provide a valid email address, to receive daily tank levels sent via email from City staff.

B. All loads shall be scheduled by the Contractor based on the daily tank levels received via email from City staff.

1. The Contractor shall guarantee no business interruptions due to high levels in the waste tank, which would render the system inoperable until unloaded.

2. The volumes of waste produced can be unpredictable and can vary depending on the season and the volume of water needed from each well.

3. City operations staff on occasion may request additional loads be removed due to unforeseen maintenance, successful Contractor must be available within 24 hours of request.

C. The Contractor is required to haul manufactured trailer name plate no smaller than 4,500 gallons and no larger than 5,500 gallons per load to the EBMUD facility on 2020 Wake Avenue, Oakland, CA. #21..
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35 D. Brine hauls shall be loaded between the hours of 7 a.m. to 8 p.m., seven (7) days per week, including holidays. City staff shall supply initial training for loading requirements at the pick-up site. After the initial training, City staff are not required to be on-site for loading.

E. All loads transported to the EBMUD station shall receive a delivery tag that contains a unique transaction number generated by EBMUD. Copies of each ticket shall be submitted with the Contractors monthly invoice so that City staff can verify all deliveries and reconcile the EBMUD billing. All invoice submittals must be accompanied by a delivery tag for payment.

1.3 EAST BAY MUNICIPAL UTILITY DISTRICT REQUIREMENTS:

The successful bidder shall provide all the necessary permits, licenses, insurance and documents required by East Bay Municipal Utility District (EBMUD), Resource Recovery Trucked Waste Program for disposal.

EBMUD requires their insurance forms be filled out and submitted by the successful bidder. All forms and required documents are located at http://www.ebmud.com/truckedwaste.

A. The EBMUD receiving stations are available 24-hours per day, seven (7) days per week and located at 2020 Wake Avenue, Oakland, CA.

B. For non-routine deliveries that require staff involvement (e.g., issuance of a new tanker decal, driver site orientation and first-load sampling for all new permits) are required to have an appointment during regular business hours with the Senior Wastewater Inspector at (510) 287-1630. All tankers shall be inspected for safety and provided with a decal of compliance. All drivers shall self-register and be listed in the EBMUD computer system.

C. All vehicles entering the EBMUD facility for waste disposal shall be equipped with:

1. Back-up alarm

2. Tanker equipped with four (4) inch male cam-lock fitting adaptor to connect to the EBMUD receiving station.

1.4 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.5 TERM OF AGREEMENT:

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

A. Pricing shall remain firm for the first two years of any agreement, which may be awarded pursuant to this IFB.
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36 B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

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

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #21..
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37 SAMPLE ANNUAL AGREEMENT
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20 , by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and , a , hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 20 -______ authorizing the Award of Bid and agreement for the SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the SERVICES as described in IFB - , attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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38 1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $ . The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $ . Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown in the Bid attached hereto as Exhibit B.

AGREEMENT PRICING
[TBD – Insert Pricing Table Here]

2. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Representative:

The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method #21..
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39 of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Click or tap here to enter text.

4. TERM OF AGREEMENT:

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

Year 1: MONTH DD, 20 through MONTH DD, 20
Year 2: MONTH DD, 20 through MONTH DD, 20
Year 3: MONTH DD, 20 through MONTH DD, 20
Year 4: MONTH DD, 20 through MONTH DD, 20
Year 5: MONTH DD, 20 through MONTH DD, 20
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
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40 The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. LIABILITY 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 (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendors are responsible for uploading and maintaining updated insurance.

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
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41 • Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY:

8. VENUE & GOVERNING LAW:

9. 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 #21..
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42 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.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Resolution No.2025-_______;
c. CONTRACTOR Bid submittal;
d. IFB No. 2425-25;
e. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
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43 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date. #21..
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44 CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
j. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; k. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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45 a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

14. ASSIGNMENT OF RIGHTS:

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #21..
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46 16. Contractor's Responsibility for Damages:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

CONTRACTOR: Click or tap here to enter text.

Click or tap here to enter text.

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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47 20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

22. NON-DISCRIMINATION:

A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title #21..
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48 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby #21..
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49 agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. 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.

25. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT.

CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

27. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
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50 28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER:

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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 non-contributory, 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. #21..
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53 The insurance policies are to contain, or be endorsed to contain, the following provisions:

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. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

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

Claims Made Policies (applicable to Pollution 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.

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
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54 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.

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.

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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55 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 20 -_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 20 and Click or tap here to enter text. has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________

MATHEW BRALEY, ARM-PE,
Risk Manager
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ITEM/DESCRIPTION QTY UNIT UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION UN PRC EXTENSION Hauling Services from the Grayson Facility at 8417 Yamaoto Way to 2020 Wake Road, Oakland, CA (Round Trip = 152 miles.) Any Fuel Surcharge shall be included in pricing. 216 Trip $745.00 $160,920.00 $1,400.00 $302,400.00 $900.00 $194,400.00 $744.94 $160,907.04 $1,119.00 $241,704.00 $920.00 $198,720.00 $160,920.00 $302,400.00 $194,400.00 $160,907.04 $241,704.00 $198,720.00 ePay 1% Discount for choosing Option A $3,024.00 $1,944.00 $2,417.04 $160,920.00 $299,376.00 $192,456.00 $160,907.04 $239,286.96 $198,720.00 Primary Vendor: B & B Harvesting date CAL VALLEY TRUCKING Secondary Vendor: SUN VALLEY TRANSPORT

CITY, STATE MODESTO, CA

ANCON SERVICES

B & B HARVESTING
dba CAL

VALLEY TRUCKING

SUN VALLEY TRANSPORT
INC

NORTH HIGHLANDS, CA

ASP ENVIRONMENTAL

SACRAMENTO, CA

BLUE JAY TRUCKING INC

SACRAMENTO, CA

GRAYMAR

ENVIRONMENTAL SERVICE
LLC

LINCOLN, CA
#21..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 3, 2025
Date: May 14, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Vacancy, Recruitment, and Retention Report
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Hearing to consider an Informational Report of vacancies, recruitment, and retention efforts to comply with Assembly Bill 2561. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item supports the Strategic Plan’s Service and Delivery Goals & Strategies: Building a HighPerformance Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 25611 into law, which amends the Meyers-Milian Brown Act (“MMBA”) to create a new requirement for public agencies to present the status of their vacancies before City Council and provide a status for such vacancies at least once per fiscal year.

The legislative history of this bill reflects that the California legislature determined that job vacancies in local government pose a “widespread and significant problem” for the public sector for a number of reasons. High rates of job vacancies result in impacts to:
• the agency’s public service delivery; and
• the employees who are forced to handle heavier workloads due to understaffing, leading to burnout and increased turnover, thus further exacerbating staffing challenges.

The legislature further declared that there is a statewide interest in ensuring that public agency operations are staffed appropriately and that high vacancy rates do not undermine public employee relations.
1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 #22..
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Vacancy, Recruitment, and Retention Report

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Public agencies are required to hold a public hearing once per fiscal year, prior to the adoption of the agency’s budget, outlining its vacancy rates and efforts in recruiting and retaining employees.

DISCUSSION:

The City has experienced a positive trend in recruitment and retention within the last few years. This is attributed to favorable labor contracts becoming effective in July of 2023, as well as strategic recruitment efforts aimed at attracting qualified candidates. Notably, the City worked with the various bargaining units to bring underpaid positions within market. During this time, the City also focused on becoming an employer of choice by initiating employee supportive programs and practices.

Current full-time allocations as of December 2024 were 1435. This is an increase of 44 allocations or 3.2% from the prior year. This has allowed the City to provide a multitude of services not previously achievable.

Vacancy rates are calculated by taking the number of vacant positions and dividing by the overall number of positions within the organization. The City’s overall vacancy rate as of this report was 9 percent. Departments range from zero to 16 percent, with the higher percentages coming from smaller departments where each vacancy equals a larger percentage of the team.

Vacancy Rate by Department

14.3%

13.0%

11.1%

14.3%

7.0%

15.4%

4.6%

13.2%

16.7%

1.6%

7.7% 8.1% 9.0%
CAO CCM CCO CED CMO ENG FIN HR IT MFD MPD OPMB PRN PW UTL Grand Total
In reviewing vacancy rates by bargaining unit, the lowest is Modesto Police Officer’s Association (MPOA) with a 3.6 percent, followed by Modesto Firefighters’ Association (MCFFA) at 3.9 percent, and highest is Modesto Police and Fire Non-Sworn Association (MPNSA) at 25.5 percent. Within MPNSA, there are fifteen allocations dedicated to Police Officer Recruit. These positions are a passthrough position as new hires move through the academy to become Police Officers and, therefore, would not be filled unless there is a need. Given the positive trends in recruiting Police Officers, these positions are no longer fully required. Within the coming year’s budget process, the department is moving to reclassify some of these allocations to address other needs. Removing the Police Officer Recruits from the vacancy formula results in a 17.2 percent vacancy rate for MPNSA. #22..
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Vacancy Rate by Union

7.7%

3.9%

10.7%

25.5%

3.6% 4.1%

9.0%
MCEA MCFFA MCMA MPNSA MPOA UNREP Grand Total
Positions that attribute to the MPNSA vacancy rate beyond the Police Officer Recruit include Community Service Officers (5.5 percent), Park Rangers (3.0 percent), and police Support Specialists (4.5 percent). Of these positions, the City received 136, 182, and 243 applications respectively in the most recent recruitments. To attract talent, the City has held open house opportunities to allow potential applicants to learn about these opportunities and how to progress through the recruitment process successfully. This has resulted in a larger number of qualified applicants. Other unions including Modesto City Employees Association (MCEA), Modesto Confidential and Management Association (MCMA), and our Unrepresented Employees, vary in rates but are relatively low.

Multiple strategic recruitment initiatives have been deployed organization-wide to ensure the City attracts highly qualified candidates. These include:
• Customizing job postings to include items such as incentives for education and future wage rates.
• Holding open house events to allow job seekers to learn more about the City and various careers.
• Actively participating in job fairs and other community events. • Partnering with community organizations to advertise openings. • Assisting potential candidates with the application and requirement process. • Reviewing and updating policies and procedures to remove slow and outdated content.

These efforts have resulted in the City receiving 16,682 applications within the 2024 calendar year.

The department with the highest number of applications was the Police department with 3,739 applications followed by a group of positions that are used across City departments for administrative support receiving 3,355 applications.

The time to hire a new employee was an average of 87.6 days in 2024. Included in this calculation is the entire process from the date a requisition was created to the date of the employee’s first day at work. The following chart illustrates time-to-fill for each City department that had recruitments during the sample period. The Police department and Information Technology see a longer time-to-fill due to the extensive background requirements.
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City Council, June 3, 2025
Vacancy, Recruitment, and Retention Report

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Time-to-Fill by Department

83.4 94.1

67.9 69.3

49.0 75.7

57.9 112.8

90.0 82.6
103.4

87.6 City Manager's Office
Community and Economic Development
Engineering Services
Finance
Human Resources
Information Technology
Modesto Fire Department
Modesto Police Department
Parks, Recreation, & Neighborhoods
Public Works
Utilities
Grand Total
Shortening the time-to-fill was achieved by streamlining the background check and pre-employment process. The City has moved to a paperless onboarding and new hires begin providing information to the City before their first day. This allows staff to begin processing new hires to allow a more efficient start. New hires also have vast information at their fingertips to learn about their new department and team through the orientation portal. Staff continue to look for efficiency opportunities to further improve time-to-fill.

The City focuses on succession planning by providing the needed training and resources for up-andcoming leaders as well as tracking the retirement eligibility trend. Preparing existing employees for promotional opportunities creates an environment of motivation, growth, and engagement. 102 employees within the workforce were promoted in 2024. This number includes 23 Police Officer Trainees that were promoted to Police Officer, giving a net of 79 promotions throughout the remainder of the organization. The City has also experienced a reduction in employee attrition in 2024 as compared to 2023, resulting in 10.3 percent less resignations and 17.2 percent less retirements. Turnover rates have steadily decreased in recent years, currently at 9.7 percent.

Similarly, the City has a high retention rate, currently at 90.1 percent. Anything 90 percent or higher is considered strong. The average tenure of employees is 7.7 years, which varies by department.

Each department is shown in the chart below:
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City Council, June 3, 2025
Vacancy, Recruitment, and Retention Report

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Tenure by Department

3.2 0.0

6.5 5.3

4.3 7.3 7.8

4.3 6.9

8.5 7.1

5.6 8.3

6.7 9.7

7.7 CAO CCM CCO CED CMO ENG FIN HR IT MFD MPD OPMB PRN PW UTL Total Staff continue to explore creative ways to attract and retain the best employees to ensure excellent public service to the community we serve.

FISCAL IMPACT:

There is no fiscal impact related to this item.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by Council Committee as it is an Assembly Bill mandate and informational only.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting the Informational Report on vacancy rates, recruitment, and retention efforts to comply with Assembly Bill 2561.
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City Council, June 3, 2025
Vacancy, Recruitment, and Retention Report

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Approved by:

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

1. City Department Acronym Key
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City Department Acronym Key
City Attorney’s Office CAO
City Clerk’s Office CCO
City Council CCM
City Manager’s Office CMO
Community & Economic Development CED
Engineering Services ENG
Finance FIN
Human Resources HR
Information Technology IT
Modesto Fire MFD
Modesto Police MPD
Office of Performance Management & Budget OPMB
Parks, Recreation, & Neighborhoods PRN
Public Works PW
Utilities UTL
#22..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 3, 2025
Date: May 13, 2025
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
THROUGH: Stephan Christensen, Office of Performance Management and Budget Director SUBJECT: Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2025-26 Operating and Multi-Year Non-Capital Budgets and Capital Improvement Program for the City of Modesto
CONTACT: Kaceey Culbertson, Budget Manager, [email protected], 209-571-5855
DESCRIPTION:

Hearing to consider and approve the Final Proposed Fiscal Year 2025-26 Operating and MultiYear Non-Capital Budgets and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The budget development process begins annually for the City, and its departments, in October of each fiscal year. The budget cycle continues through January/February as the City Council develops its budget priorities and delivers them to staff and the public through two (2) Council retreats/workshops. In February, departments finalize their operating budgets which are then presented to the City Manager and to the Mayor for initial review in early March. After the budgets are presented, the City Manager, along with staff, develop a preliminary Draft Budget that is presented to the Finance Committee in April at the Finance Committee Budget Workshops. The preliminary Draft Budget, presented to the Finance Committee in April of 2025, included a General Fund budget that had an operating expenditure budget of $199.9 million as well as the annual Measure H Spending Plan which includes proposed expenditures of $53 million from the Measure H Sales Tax Fund.

The City Manager’s preliminary Draft Budget for Fiscal Year 2025-26 was presented to the Finance Committee during the Budget Workshops held the week of April 14, 2025. On April 14th, April 15th, and April 16th, the Finance Committee held public Budget Workshops on the #23..
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City Council, June 3, 2025
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preliminary Draft Budget totaling approximately $639.2 million for all funds. The public received notice of these workshops through the City’s website, social media, and other print media. The agendas for these meetings are attached to this report (Attachment 7).

DISCUSSION:

The final proposed budget for Fiscal Year 2025-26 contains total General Fund revenues of $199.9M and a total expenditure budget of $199.9M (inclusive of a Variance Rate resulting in savings of $13.9M). The Fiscal Year 2025-26 General Fund Operating Budget contains a structural deficit (expenditures exceeding revenues) in the amount of $19.6 million. This amount is proposed to be offset by revenues that will be received through the Measure H Sales Tax in the upcoming fiscal year ($13.6M) as well as the return of fund balance from the Workers Compensation and Employee Benefits Internal Services Funds ($2.5M) and additional expenditure savings in the General Fund that amount to $3.5 million.

The source of the General Fund structural deficit continues to be caused by the rate of growth of expenditures outpacing the growth of revenues. This has only been worsened by the prolonged inflation and its impact to the Sales Tax revenues in the General Fund. While some General Fund revenue categories are increasing (Property Tax, Utility Users Tax, and Business License/Mill Tax) other major revenue categories such as Sales Tax are experiencing significant decreases in projected revenues for Fiscal Year 2025-26. Last fiscal year, Sales Tax revenues were projected at approximately $41.9 million but now are projected to be at $35.9 million. This represents a downward swing of $6 million in potential Sales Tax revenue that is no longer being received due to the changes in the economy. Regarding expenditures, pension costs continue to rise, and other discretionary expenditure costs are rising as well due to the increases in inflation and the unknown potential impacts related to tariffs.

Measure H Sales Tax
The Measure H one-cent sales tax for general city services, was approved by the voters on November 8, 2022. In Fiscal Year 2025-26, it is estimated to generate approximately $45.4 million annually in sales tax revenue for the City of Modesto. These funds are critical in maintaining and improving the services and infrastructure in Modesto. As part of addressing those needs, the Draft Proposed Budget has included a Measure H Spending Plan that works toward achieving those goals and improving the quality of life for the residents and visitors of Modesto.

This year’s proposed budget includes the Fiscal Year 2025-26 Measure H Spending Plan which includes proposed expenditures of $53.0 million. A breakdown of the overall Measure H spending has been provided for the Fiscal Year 2025-26 Measure H Spending Plan below:

FY 2025-26 Measure H Spending Plan Amount
Approved Spending on New Programs $ 13,671,935
Continued Spending on Prior Year Approved Measure H Programs $ 25,698,761 General Fund Budget Deficit Funding $ 11,664,984
Supplement for ARPA Lost Funding in the General Fund $ 2,000,000 Proposed FY 2025-26 Measure H Spending Plan Totals $ 53,035,680 #23..
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City Council, June 3, 2025
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The Measure H Spending Plan outlined in the table shows the approved spending on new programs of $13.7 million that has been recommended for approval in the Fiscal Year 2025-26.

This funding will be used in the following areas:
• Parks Deferred Maintenance - $2.1 M • MLK Park Renovation Project - $7.9 M • Public Safety - $3.4 M • Rentable Community Stage - $260 K • Forestry Equipment - $60 K
The specific program improvements recommended for approval in the Measure H Spending Plan for Fiscal Year 2025-26 can be found in the FY 2025-26 Proposed Budget book1 and in Exhibit 2.

Proposed Budget Goals and Budget Principles
Attachment 8 provides the City’s Recommended Budget Principles for FY 2025-26. The Council’s consideration and adoption of the Final Proposed Budget inclusive of the Budget Principles is requested.

The Proposed Operating Budget
The Final Proposed Operating Budget for FY 2025-26 continues the work of the organization and the City Council towards continued enhancement of services and improving the quality of live of the residents of Modesto. Additional funds are being appropriated through the Measure H Spending Plan to further improve public safety and address deferred maintenance needs in the community while continuing to fund important progress made in the areas of forestry, blight, and homelessness. The Final Proposed Budget for FY 2025-26 focuses on aligning the General Fund and Measure H budgets with the City Council’s two-year Strategic Plan priorities which includes adopting strategies that ensure fiscal responsibility with taxpayer dollars. Despite increased revenue from Measure H, the presented Fiscal Year 2025-26 Draft Proposed Budget represents a budget that has been scrutinized and reconciled against past expenditures and future needs.

With a changing economic landscape and current level of uncertainty, the City continues to be proactive and adaptive in managing its budget for sustainable growth and effective risk management. This approach ensures the preservation of providing essential services and creates opportunities for economic development for a thriving city, even in the event of an economic downturn.

Three additional areas that will be closely monitored are the Modesto Centre Plaza (Centre Plaza) Fund, Golf Fund, and Parking Fund. The Golf Fund continues to show signs of improvement. The Golf Fund has shown increases in revenues as rounds of golf increase and continue to remain high. Full repayment of the bond has also occurred which reduces the expense obligations on the fund, increasing the fund’s overall fiscal sustainability. The Center Plaza rental revenues continue to be sparse as events continue to be sporadic and rental revenues at the Centre Plaza remain low. In the final proposed budget, the subsidy has been reduced which will require a decision to be made on the continued operation of the facility. The Parking Fund continues to experience revenue impacts that have affected its ability to be self1 https://modestogov.com/DocumentCenter/View/22375/FY-2025-26-Measure-H-AdjustmentRequests-Approved-PDF. #23..
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City Council, June 3, 2025
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sufficient. Infrastructure improvements to enhance Parking Operations at city owned garages are in process and will increase customer service in the Modesto Downtown area. The plan is to improve customer usability and services provided while working to make the fund selfsustaining. These three (3) areas will continue to be monitored throughout Fiscal Year 2025-26 as the General Fund provides subsidies to each.

All other non-General Fund budgets, which include the Water, Wastewater, and various Internal Service Funds continue to be solvent. These funds have been reviewed by City staff to ensure any adjustments to the programs funded by these non-General Funds continue at appropriate levels for the citizens of Modesto.

In the proposed budget there are also a small number of adjustments that have been approved for some General Fund and Non-General Fund departments. For a complete listing of these proposed adjustments, refer to Exhibit 1.

Position allocation changes are a necessary part of the budget adoption process each fiscal year. With changes brought forward as part of the Measure H and Non-Measure H adjustments, there have been changes to job classifications, class range tables, and the overall position allocations to add new positions. These changes can be seen in Attachments 9, 10, 11 and 12 and Exhibits 5 through 13.

Capital Improvement Program (CIP) Budget
The CIP includes 186 projects for FY 2025-26, of which, 7 are classified as “new” projects increasing the overall CIP by $11.87 million. Below is a table that shows the breakdown of the proposed amounts for the 7 new projects:

New or Future Projects Breakdown
# of New Projects FY 2025-26 Budget
Capital Grants - Streets CIP Projects-3160 2 $7,150,000 Measure L - Capital Projects-3300 2 $2,612,575
Sewer Operations Fund-4210 3 $2,105,300
Grand Total 7 $11,867,875
A joint meeting was held with the Finance Committee and Planning Commission on May 19, 2025, to review the proposed CIP budget. The Planning Commission made a finding that all projects complied with the City’s General Plan. The Finance Committee recommended that the proposed CIP budget be brought forward to Council for consideration and adoption with a 3-0 vote.

Included in this report is a copy of the minutes and the resolution acknowledging confirmation that the CIP budget conforms to the Modesto Urban Area General Plan pursuant to Section 65401 of the Government Code (Attachments 5 and 6).

Policy
The Fiscal Year 2025-26 Proposed Budget does not contain any new proposed policies or changes to any existing policies.
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FISCAL IMPACT:

The proposed Fiscal Year 2025-26 General Fund contains an operating expenditure budget of approximately $199.9 million (including Transfers Out of $6.8 million). Public safety remains the largest portion of the General Fund at $162.9 million, which is 81% of the total General Fund operating expenditure budget. The proposed budget for Fiscal Year 2025-26 also includes one additional General Fund adjustment in the amount of $50,000 that is proposed for the implementation of an Economic Development Strategic Plan and can be found in Exhibit 1.

The Measure H Sales Tax will bring in an additional annual revenue estimated at approximately $45.4 million. This year’s budget includes the Fiscal Year 2025-26 Measure H Spending Plan which includes proposed expenditures of $53.0 million. A breakdown of the overall Measure H spending has been provided for the Fiscal Year 2025-26 Measure H Spending Plan below:

FY 2025-26 Measure H Spending Plan Amount
Approved Spending on New Programs $ 13,671,935
Continued Spending on Prior Year Approved Measure H Programs $ 25,698,761 General Fund Budget Deficit Funding $ 11,664,984
Supplement for ARPA Lost Funding in the General Fund $ 2,000,000 Proposed FY 2025-26 Measure H Spending Plan Totals $ 53,035,680 The funding is spread across multiple departments and categories of spending. The details for the approved spending on new programs as part of the Fiscal Year 2025-26 Measure H Spending Plan can be found in Exhibit 2.

Below is a chart that provides the final proposed budget for the various funds and their operating budgets:

Fund Name Amount
General Fund $ 199,918,090
Internal Service Funds $ 119,397,373
Water Enterprise Funds $ 79,110,332
Wastewater Enterprise Funds $ 55,208,123
Measure H Fund $ 53,035,680
Other Funds $ 50,627,117
Insurance Funds $ 25,044,613
Solid Waste Funds $ 19,579,264
Surface Transportation Funds $ 18,942,201
Storm Drainage Fund $ 8,609,720
Golf Fund $ 3,655,280
Parking Fund $ 2,622,208
Centre Plaza Fund $ 1,953,692
Airport Fund $ 1,490,642
Total Funds $ 639,194,335
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Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2025-26 Operating and Multi-Year Non-Capital Budgets and Capital Improvement Program for the City of Modesto

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The General Fund continues to be the largest portion of the City’s total expenditure budget at

31.3% with the Internal Services Funds (18.7%) and Water (12.4%) and Wastewater (8.6%) Enterprise Funds following behind2.

COMMITTEE RECOMMENDATION:

The Finance Committee approved and recommended forwarding the City Manager’s Draft Budget for Fiscal Year 2025-26 to Council for final review and adoption by a 3-0 vote on April 16, 2025, at the Finance Committee Budget Workshops. The Proposed Budget being presented for deliberation includes adjustments to the General Fund and Non-General Fund as detailed in Exhibit 1 and the adjustments included as part of the Fiscal Year 2025-26 Measure H Spending Plan.

One last section of the Proposed Budget is the adjustment of items related to the Proposed Budget for Fiscal Year 2025-26. These changes are technical in nature and are required in part to ensure that departments have the appropriate spending authority based upon actions that were presented during the budget process at various phases. These addendum items can all be examined in Exhibit 4.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the adoption of the Fiscal Year 2025-26 Annual and Multi-Year NonCapital Operating Budgets and the 2025-26 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.

Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2025-26 Final Proposed Budget.

Resolution amending the Position Classification Plan for the City of Modesto to create new classifications and amend existing classifications.

Resolution amending the Position Allocation for Fiscal Year 2025-26 as adopted in the Operating Budget.

Approved by:

Stephan Christensen, Office of Performance
Management and Budget Director
Joseph P. Lopez, City Manager
2 The Proposed Budget can be found on the City’s website at the following link:
https://modestogov.com/ArchiveCenter/ViewFile/Item/4372 #23..
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City Council, June 3, 2025
Public Hearing to Consider and Approve the Final Proposed Fiscal Year 2025-26 Operating and Multi-Year Non-Capital Budgets and Capital Improvement Program for the City of Modesto

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Attachments:

1. Resolution Approving FY 2025-26 Operating Budget, Multi-Year Non-Capital Budget, and CIP Budget

2. Resolution Approving Budget Principles and Operating Budget Policy

3. Resolution Amending Position Classification Plan

4. Resolution Amending Position Allocation

5. FY 26 CIP Finance Committee Planning Commission Meeting Minutes

6. FY 26 CIP Finance Committee Planning Commission Resolution

7. FY 2025-26 Finance Committee Budget Workshop Minutes (April 14 through April 16, 2025)

8. FY 2025-26 Budget Principles

9. 100 Series – General Class Range Table 07.01.25

10. 400 Series – Represented M&C Nonsworn Class Range Table 07.01.25

11. 1100 Series – Public Safety Nonsworn Class Range Table 07.01.25

12. 2400 Series – Unrepresented MC Class Range Table 07.01.25

13. Fiscal Year 2025-26 Proposed Operating and Multi-Year Non-Capital Budget https://modestogov.com/ArchiveCenter/ViewFile/Item/4372 Exhibits:

1. FY 2025-26 Proposed Non-Measure H Adjustments (GF and Non-GF)

2. FY 2025-26 Proposed Measure H Spending Plan (New Requests)

3. City of Modesto Operating Budget Policy

4. FY 2025-26 Proposed Operating and Multi-Year Budget Addendum

5. Classification Plan Amendment

6. Position Allocation Amendment

7. Job Spec – Fire Plans Examiner

8. Job Spec – Police Park Ranger Supervisor

9. Job Spec – Senior Tree Trimmer

10. Job Spec – Solid Waste Code Enforcement Officer

11. Job Spec – Solid Waste Code Enforcement Supervisor

12. Job Spec – Water Construction Superintendent

13. Job Spec – Water Operations Superintendent
#23..
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06/03/2025/OPMB/SChristensen/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE ADOPTION OF THE FISCAL YEAR 2025-26

ANNUAL AND MULTI-YEAR NON-CAPITAL OPERATING BUDGETS AND THE 2025-26 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF

MODESTO AND THE RELATED INTER-FUND TRANSFERS
WHEREAS, pursuant to the Charter of the City of Modesto, the City Manager presented the preliminary Draft Operating Budget and Capital Improvement Program (CIP) for Fiscal Year 2025-26 to the Finance Committee at Budget Workshops held on April 14, April 15, and April 16, 2025, and
WHEREAS, the Finance Committee reviewed the preliminary Draft Operating and Multi-Year Operating Budgets and the Capital Improvement Program in a series of televised public workshops on April 14, April 15, and April 16, 2025, and at a joint Planning Commission/Finance Committee meeting held on May 19, 2025, and WHEREAS, the Finance Committee recommended the City Manager’s preliminary Draft Operating and Multi-Year Non-Capital Budgets to the full City Council for consideration, and
WHEREAS, the Finance Committee recommended the proposed Capital Improvement Program budget to the full City Council for consideration, and WHEREAS, in accordance with the City Charter, a duly noticed public hearing was scheduled on June 3, 2025, during which the City Council considered the recommendations of the Finance Committee relating to the preliminary Draft Operating and Multi-Year Non-Capital Budgets and the Capital Improvement Program, and WHEREAS, prior to any discussion of the CIP budgets and prior to the final adoption, the City Council by separate motion considered each CIP project that could be #23..
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06/03/2025/OPMB/SChristensen/Item X 2 2025-XX
the source of a potential conflict of interest to one or more members of the City Council without the participation of those members, and
WHEREAS, the adoption of the Final Proposed Budget for FY 2025-26 includes the proposed Operating Budget, Multi-Year Non-Capital Operating Budget, Capital Improvement Program Budget, Approved Adjustments, Proposed Fiscal Year 2025-26 Measure H Spending Plan, Approved Addendums, Transfers In and Out, adoption of Budget Operating Policies and Financial Policies, and
WHEREAS, the effective date of the Adopted Budget for FY 2025-26 shall be July 1, 2025, and
WHEREAS, copies of the Final Proposed Operating and Multi-Year Non-Capital Budgets and the Capital Improvement Program have been made available for inspection by the public at the Office of the City Clerk.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the adoption of the Final Proposed Operating Budget, Multi-Year Non-Capital Budget, and Capital Improvement Program Budget for Fiscal Year 2025-26 inclusive of the Mayor’s Final Budget Modifications, Fiscal Year 2025-26 Measure H Spending Plan, Adjustments, and Addendums to be in effect July 1, 2025. #23..
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06/03/2025/OPMB/SChristensen/Item X 3 2025-XX
The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 3rd day of June, 2025, 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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06/03/2025/OPMB/SChristensen/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE BUDGET PRINCIPLES, AND THE
OPERATING BUDGET POLICY AS OUTLINED IN THE FISCAL YEAR 2025- 26 FINAL PROPOSED BUDGET
WHEREAS, each year the City Council’s Finance Committee makes recommendations regarding the upcoming Fiscal Year Operating Budget and Capital Improvement Program and Budget Principles, and
WHEREAS, in the development of the Fiscal Year 2025-26 Operating Budget, the Finance Committee reviewed and recommended for City Council consideration the attached Budget Principles, and Operating Budget Policy.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Budget Principles, and Operating Budget Policy as shown in Attachment 8 and Exhibit 3, which are incorporated by reference herein. #23..
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06/03/2025/OPMB/SChristensen/Item X 2 2025-XX
The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 3rd day of June, 2025, 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 06/03/2025/HR/CAlger/Item X 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION AMENDING THE POSITION CLASSIFICATION PLAN

FOR THE CITY OF MODESTO TO CREATE NEW CLASSIFICATIONS

AND AMEND EXISTING CLASSIFICATIONS
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2024-316 pursuant to Rule 2.2 of the Personnel Rules and Regulations of the City of Modesto, and
WHEREAS, the City Manager has recommended to the Council amendments to the Position Classification Plan, and
WHEREAS, Rule 2.2 of the City of Modesto Personnel Rules provides that revisions to the Position Classification Plan shall be effective upon adoption of resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. POSITION CLASSIFICATION PLAN AMENDED. The Position
Classification Plan of the City of Modesto is hereby amended as per Exhibit 5.

2. EFFECTIVE DATE. This Resolution shall become effective the pay period in which July 1, 2025, falls.
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2 06/03/2025/HR/CAlger/Item X 2025-XX
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 3rd day of June 2025, by ________, who moved its adoption, which motion being duly seconded by ________was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

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

By: _________________________________
JOSE M. SANCHEZ, City Attorney
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06/03/2025/HR/Calger/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2025-26 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council Resolution pursuant on June 04, 2024, as part of the Annual Budget of the City of Modesto for Fiscal Year 2024-25, and WHEREAS, classification studies are conducted to ensure that a classification system is equitable and consistent within an organization and that positions are correctly classified, and
WHEREAS, per Personnel Administrative Order 2.2-87-12, a classification study may be conducted in response to a reclassification request, to develop/revise a classification specification, or to assist in a reorganization, and WHEREAS, classification studies were conducted by Human Resources to determine appropriate classifications, and
WHEREAS, position changes will be effective the pay period in which July 1, 2025 falls, unless otherwise noted.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2025-26 Operating Budget for various departments attached hereto as Exhibit 6. #23..
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06/03/2025/HR/Calger/Item X 2 2025-XX
The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 3rd day of June 2025, 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: ?
(SEAL)
APPROVED AS TO FORM:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
By:

JOSE M. SANCHEZ, City Attorney
#23..
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City of Modesto Special Planning Commission
Minutes
May 19, 2025
1 Being the hour of 6:00 pm, the meeting was called to order by Committee Chairperson Escutia-Braaton.

I. ROLL CALL
Committee Members Bavaro, Escutia-Braaton, and Wright
Commissioners Arroyo, Black, Goriel, Grewal, Hauselmann, Russell, and Shanks, present II. PUBLIC COMMENT PERIOD
None.

III. CONFLICT OF INTEREST DECLARATION
None.

V. CONSENT
None.

VI. PUBLIC HEARINGS
Item A Consider adopting a resolution finding that all new and active projects within the Capital Improvement Program (CIP) budget for Fiscal Year (FY) 2025-26 are in conformance with the Modesto Urban Area General Plan and that the Finance Committee recommend to City Council approval of the FY 2025-26 CIP Budget. (Funding Source: Various Funds)
Contact Info: Kaceey Culbertson, Budget Manager, 209-571-5855 [email protected]
Motion/Action (Approved)
It was moved by Commissioner Grewal, seconded by Commissioner Black, and carried unanimously (7-0) (Arroyo, Black, Goriel, Grewal, Hauselmann, Russell, Shanks, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2025-30 A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF MODESTO FINDING THE
FISCAL YEAR 2025-2026 CAPITAL IMPROVEMENT PROGRAM IN

CONFORMANCE WITH THE MODESTO URBAN AREA GENERAL PLAN
PURSUANT TO SECTION 65401 OF THE GOVERNMENT CODE (CITY OF

MODESTO)
It was moved by Committee Member Escutia- Braaton, seconded by Commissioner Wright, and carried unanimously (3-0) (Bavaro, Escutia-Braaton, Wright, ayes; None, none; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2025-30 A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF MODESTO FINDING THE
FISCAL YEAR 2025-2026 CAPITAL IMPROVEMENT PROGRAM IN

CONFORMANCE WITH THE MODESTO URBAN AREA GENERAL PLAN
#23..
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Planning Commission Special Minutes 2 May 19, 2025
PURSUANT TO SECTION 65401 OF THE GOVERNMENT CODE (CITY OF

MODESTO)
VII. OTHER BUSINESS
None.

VIII. MATTERS TOO LATE FOR THE AGENDA
None.

XI. ADJOURNMENT
The meeting was adjourned at 7:15 pm.

Original, signed copy on file in CEDD
Tristan Osborn, AICP, Secretary
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PLANNING COMMISSION
RESOLUTION NO. 2025-30

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MODESTO FINDING THE FISCAL YEAR 2025-2026 CAPITAL

IMPROVEMENT PROGRAM IN CONFORMANCE WITH THE MODESTO
URBAN AREA GENERAL PLAN PURSUANT TO SECTION 65401 OF THE

GOVERNMENT CODE (CITY OF MODESTO)
WHEREAS, each year the Planning Commission must review all capital projects that will be planned, initiated or constructed during the ensuing fiscal year for conformity with the General Plan as required by State Planning and Zoning Law (Government Code Section 65401); and
WHEREAS, the Planning Commission has been furnished a copy of and reviewed the Draft 2025-2026 Capital Improvement Program (CIP), which includes all capital projects to be planned, initiated or constructed during the 2025-2026 fiscal year for conformity with the General Plan; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 19, 2025 at which it considered the proposed CIP, the General Plan, staff reports, oral and written, and the testimony and evidence of all those wishing to be heard; and WHEREAS, the Planning Commission finds that the determination of whether the Draft 2025-2026 CIP is consistent with the Modesto Urban Area General Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) since it can be seen with certainty that there is no possibility that the activity in question - a determination as to General Plan consistency - may have a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Modesto hereby determines that those projects in the Draft 2025-2026 CIP conform to and are consistent with the Modesto Urban Area General Plan and recommends forwarding to City Council for approval.

The foregoing resolution was introduced at the special joint meeting of the Planning Commission and the Finance Committee held on May 19, 2025, by Commissioner Grewal, who moved its adoption, which motion was seconded by Commissioner Black, and carried by the following vote:

Ayes: Arroyo, Black, Goriel, Grewal, Hauselmann, Russell, Shanks Noes: None

Absent: None
Recused: None

BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO Original, signed copy on file in CEDD
Tristan Osborn, AICP, Secretary
#23..
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Res. No. 2025-30 Page 2
CIP FY 2025/26

EXHIBIT A
2025-2026 Capital Improvement Program
On file with the City Clerk and the
Community & Economic Development Department, Planning Division Or Available online:
https://www.modestogov.com/253/Capital-Improvement-Budgets #23..
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4/14/2025 5:00:00 PM
www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Basement Chambers
Tenth Street Place, 1010 10th Street
Modesto, California
FY 2025-26/2026-27 FINANCE COMMITTEE BUDGET WORKSHOPS AGENDA Monday, April 14, 2025 at 5:00 PM
Roll Call: Present: Member Bavaro, Vice-Chair Wright, and Chair Escutia-Braaton

Absent: None
Also Present: Alternate Members Ricci and Zwahlen

PUBLIC COMMENTS
None.

SUBMITTING COMMENTS BY E-MAIL
None.

Presentations:

City of Modesto Budget Overview
• Budget Overview Presentation:

Office of Performance Management and Budget Director Steve Christensen and Budget Manager Kaceey Culbertson gave Presentation: Council Retreat Outcomes, Fiscal Year 2025-26/26-27, General Fund Draft, Proposed Operating Budget, FY 2025-26 Non-Measure H Proposed Adjustments, Measure H Overview, Other Major Funds, Finance Budget Workshops Schedule. #23..
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4/14/2025 5:00:00 PM
Department Presentations
• Quality of Life
• Police Department
Police Chief Brandon Gillespie gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.

Recessed at 6:33 p.m.

Reconvened 6:41 p.m.
• Fire Department
Fire Chief Kevin Wise gave Presentation: Department Overview; Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27. • Parks, Recreation & Neighborhoods Department
Parks, Recreation & Neighborhoods Director Jeremy Rogers gave Presentation:

Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, Measure H Adjustments. • Charter Offices
• City Manager’s Office
City Manager Joe Lopez gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.
• City Attorney’s Office
City Attorney Jose Sanchez gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.
• City Clerk’s Office
City Clerk Diane Nayares-Perez gave Presentation - Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.
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4/14/2025 5:00:00 PM
• Office of the City Auditor
Auditor Colleen Rozillis gave Presentation - Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.

Presentations will continue at the April 15, 2025, Finance Committee meeting.

ADJOURNMENT
This meeting adjourned at 8:29 p.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
#23..
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4/15/2025 8:30:00 AM
www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Basement Chambers
Tenth Street Place, 1010 10th Street
Modesto, California
FY 2025-26/2026-27 FINANCE COMMITTEE BUDGET WORKSHOPS AGENDA Tuesday, April 15, 2025 at 8:30 AM
Roll Call: Present: Member Bavaro, Vice-Chair Wright, and Chair Escutia-Braaton

Absent: None
Also Present: Alternate Members Ricci and Zwahlen
Presentations continued:
• Departments
• Community & Economic Development Department
Community & Economic Development Director Jessica Hill gave Presentation:

Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, NonMeasure H Adjustments. • Engineering Services Department
Engineering Services Director Toby Wells gave presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, Measure H Adjustments. Non-Measure H Adjustments.
• Public Works Department
Public Works Director Bill Sandhu gave presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues #23..
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4/15/2025 8:30:00 AM
& Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, Measure H Adjustments, NonMeasure H Adjustments, Overview of Fleet Replacement and Addition Process, Current Status of Fleet Replacements and Additions, Proposed FY 25-26 Fleet Replacement and Additions.

Recessed at 10:24 a.m.

Reconvened 10:36 a.m.

Alternate Member Ricci left at 10:24 a.m.
• Human Resources Department
Human Resources Director Christina Alger gave Presentation: Department Overview, Organizational Chart and Department Staffing, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Worker’s Compensation, General Liability, Employee Benefits, Division Overview, Worker’s Compensation General Liability Financials, Employee Benefits Financials, CalPers Unfunded Accrued Liability (UAL) and Trust Accounts.

Alternate Member Ricci arrived at 11:07 a.m.
• Information Technology Department
Chief Information Officer Dameon Booker gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27. • Finance Department
Finance Director DeAnna Christensen gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.

Member Wright left at 11:53 a.m.

Recessed at 12:00 p.m.

Reconvened 12:30 p.m.
• Office of Performance Management and Budget
Office of Performance Management and Budget Director Steve Christensen gave Presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Impact of Measure H on Department, Department Priorities/Goals for Fiscal Year 2025-26/2026-27.

Member Wright arrived at 12:44 p.m.
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4/15/2025 8:30:00 AM
• Utilities Department
Utilities Director Will Wong gave presentation: Department Overview, Organizational Chart and Department Staffing, Departmental Division Revenues & Expenditures, Department Priorities/Goals for Fiscal Year 2025-26/2026-27, Non-Measure H Adjustments.

Special Presentations
• Equipment/Hardware/Software Maintenance Presentation
Finance Director DeAnna Christensen gave presentation: Background, Equipment Maintenance FY 2025-26. Chief Information Officer Dameon Booker gave presentation: Software Maintenance FY 2025-26. • Revenue Manual/Fee Increases Presentation
Finance Director DeAnna Christensen gave presentation: Revenue Manual, Proposed Fee Changes and Update Increases. CEDD Director Jessica Hill gave presentation: Development User Fees. PRN Director Jeremy Rogers gave presentation: Fee Increases, Park and Facility Rental Fees, Approved Fee Increases. PW Director Bill Sandhu gave presentation: Airport Fees, Proposed Fee Increases. Utilities Director Will Wong gave presentation: Approved Fee Increases, Storm Drain Rates Update, Proposed Sewer and Storm Fees. • Grant Status Update Presentation
Finance Director DeAnna Christensen opened up the presentation on Grant Status Presentation. Community & Economic Development Director Jessica Hill, Engineering Services Director Toby Wells, Fire Chief Kevin Wise, Police Chief Brandon Gillespie, Public Works Director Bill Sandu, Utilities Director Will Wong gave updates for grant applications and awards and proposed grant applications for their departments.
• American Rescue Plan Act (ARPA) Presentation
Director DeAnna Christensen gave ARPA funding presentation.

Presentations will continue at the April 16, 2025, Finance Committee meeting.

ADJOURNMENT
This meeting adjourned at 2:00 p.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
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4/16/2025 8:30:00 AM
www.modestogov.com

MINUTES
City of Modesto

FINANCE COMMITTEE / COUNCIL WORKSHOP
Basement Chambers
Tenth Street Place, 1010 10th Street
Modesto, California
FY 2025-26/2026-27 FINANCE COMMITTEE BUDGET WORKSHOPS AGENDA Wednesday, April 16, 2025 at 8:30 AM
Roll Call: Present: Member Bavaro, Vice-Chair Wright, and Chair Escutia-Braaton

Absent: None
Also Present: Alternate Members Ricci, Williams, and Zwahlen

PUBLIC COMMENTS
None.

SUBMITTING COMMENTS BY E-MAIL
None.

Presentations continued:
• Deferred Maintenance Presentation
Director Bill Sandhu gave a presentation for Public Works: Facility Condition Analysis Citywide Program Findings, Budget Impacts, PW Department Accomplishments, Airport, Traffic Engineering and Traffic Operations, Street Operations, Parking Services, Building Services, Compost Facility, Landfill Maintenance. Director Jeremy Rogers gave a presentation for Parks, Recreation, and Neighborhoods: 2025-26 Total Deferred Maintenance Amount for PRND Facilities, Parks, Community Centers, Rental Facilities, Historical Properties, Modesto Centre Plaza, John Thurman Field, Golf Courses. Director Will Wong gave a presentation for Utilities: Accomplishments, 24-25 Total Deferred #23..
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4/16/2025 8:30:00 AM
Maintenance Amount, Primary Wastewater Sutter Facility, Secondary Wastewater Jennings Facility, Water Division Corporation Yard Litt Road Facility.

Recessed at 9:36 a.m.

Reconvened 9:41 a.m.
• Sponsorships Presentation
Parks, Recreation, and Neighborhood Director Jeremy Rogers gave a presentation: Administrative Directive 3.6, Co-Sponsorships with City Partners, Community & Special Event Grants, Potential Direction.

ACTION: (Wright/Bavaro; 3/0) Motion approving a one-time financial support to the Modesto Garden Club, seeking $25,000 for operation costs and $10,000 each year only upon request for the next five years, as well as $25,000 support to the Gallo Center for the Arts.

Recessed at 10:25 a.m.

Reconvened 10:42 a.m.
• Follow-up and Committee Recommendations
Budget Manager Stephan Christensen gave presentation on report back items and follow up along with Police Chief Brandon Gillespie, Engineering Director Toby Wells, Public Works Director Bill Sandhu, Human Resources Director Christina Alger, Chief Information Officer Dameon Booker, Finance Director DeAnna Christensen, Public Works Director Bill Sandhu.

NEW BUSINESS

1. Consider accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2025-26 Operating and Multi-Year Budget for the City of Modesto. (Funding Source: All City Funds)
 Motion accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2025-26 Operating and Multi-Year Budget for the City of Modesto.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Bavaro; 3/0) Motion accepting and forwarding on to Council for final review and adoption the Draft Proposed Fiscal Year 2025-26 Operating and MultiYear Budget for the City of Modesto.

2. Consider approving payment of various equipment maintenance agreements for Fiscal Year 2025-26 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $888,358 and forwarding to Council for approval. (Funding Sources: Various City Funds)
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4/16/2025 8:30:00 AM
 Motion approving payment of various equipment maintenance agreements for Fiscal Year 2025-26 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $888,358 and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Wright; 3/0) Motion approving payment of various equipment maintenance agreements for Fiscal Year 2025-26 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $888,358 and forwarding to Council for approval.

3. Consider approving payment of various software / hardware maintenance agreements for Fiscal Year 2025-26 with multiple vendors for all City Departments, for an annual cost not to exceed $10,902,807 and forwarding to Council for approval. (Funding Source: Various City Funds)
 Motion approving payment of various software / hardware maintenance agreements for Fiscal Year 2025-26 with multiple vendors for all City Departments, for an annual cost not to exceed $10,902,807 and forwarding to Council for approval.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Bavaro; 3/0) Motion approving payment of various software / hardware maintenance agreements for Fiscal Year 2025-26 with multiple vendors for all City Departments, for an annual cost not to exceed $10,902,807 and forwarding to Council for approval.

ADJOURNMENT
This meeting adjourned at 11:12 a.m.

Attest:____________________________
Andrea Cook for
Diane Nayares-Perez, City Clerk
#23..
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FY2025-26 Budget Principles
Recommended Budget Principles

1. Annually Adopt a Structurally Balanced Budget
A structurally balance budget means on-going revenues and on-going expenditures are in balance with on-going revenues meeting or exceeding expenditures during the same time period. If a structural imbalance occurs, a plan must be developed and implemented to bring the budget back into balance.

2. Use of One-Time Resources
Once brought into balance, one-time revenues (excess reserves about reasonable risk calculations, revenue spikes, prior year budget savings, sale of property, etc) shall not be used for current or new on-going operating costs. Examples of appropriate uses of onetime revenues include early retirement of debt, capital expenditures without significant operating or maintenance costs, and other non-reoccurring expenditures.

3. Budget Revisions
New programs, services, or staffing requests are considered in light of the Council’s priorities and shall include a spending offset at the time of the request so that the request has a net-zero impact on the budget.

4. Reserves
All City funds must maintain an adequate reserve level and/or ending fund balance as determined annually as appropriate for each fund. Any use of the General Fund Emergency Reserves will require a majority vote of the Council.

5. Debt Issuance
Long-term General Fund debt will not be incurred to support on-going operating costs (other than debt service) unless such issuance achieves net operating cost savings and such savings can be independently verified. All General Fund debt issuances shall identify a method of repayment or have a dedicated revenue source.

6. Employee Compensation
Recognizing that employees are the City’s major resource, negotiations for employee compensation shall focus on the total compensation costs (e.g. increases in salary, steps, and benefit costs) while considering the City’s fiscal condition, revenue growth, and changes in the cost of living.

7. Capital Improvement Projects
Capital Improvement Projects shall not proceed for projects with annual operating and maintenance costs in the General Fund without City Council certification that funding will be available in the applicable year of the cost impact. Certification shall demonstrate that the entire cost of the project, including operating and maintenance costs, will not require a decrease in the City’s core services.

8. Fees and Charges
The development of fees and fee increases shall be utilized where appropriate to assure fee program costs are fully recovered by fee revenue.
#23..
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FY2025-26 Budget Principles

9. Grants
Staff will seek out, apply for, and effectively administer grants that address the City’s priorities, policy objectives, and provide an overall positive benefit to the City. Before a grant is pursued, staff shall provide a detailed fiscal analysis addressing both the immediate and long-term costs and benefits of the grant. With the exception of pilot projects, one-time grant revenues shall not be used to begin or support the costs of ongoing programs.

10. General Plan
The General Plan is the primary long-term fiscal planning tool. Recommendations to create new development capacity beyond the existing General Plan shall be analyzed to ensure that capital improvements and operating/maintenance costs are within the City’s financial capabilities.

11. Performance Measurement
All requests for funding shall include performance measure data so funding requests can be reviewed and approved in light of anticipated service level outcomes. #23..
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CITY OF MODESTO

CLASS RANGE TABLE

GENERAL NON-SWORN CLASSES
Effective July 1, 2025
___________________________________________________________________

RANGE TITLE
104 Custodian I
106 Engineering Intern
Lead Service Worker
107 Administrative Office Assistant I
108 Custodian II
110 Parking Enforcement Officer
111 Administrative Office Assistant II
Custodian Crewleader
Exhibits Coordinator
112 Account Clerk I
114 Storeskeeper
115 Administrative Office Assistant III
Equipment Service Technician
116 Account Clerk II
Maintenance Worker I
118 Tree Trimmer I
119 Fleet Procurement Technician
Plant Mechanic Trainee
Production Technician
Senior Administrative Office Assistant
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City of Modesto
Class Range Table – General Non-Sworn Classes

Page 2 ends

Effective July 1, 2025

RANGE TITLE
______________________________________________________________________

120 Assistant Buyer
Maintenance Worker II
Process Control Technician Trainee
Senior Account Clerk
Senior Storeskeeper
Solid Waste Specialist
Utilities Services Worker I
121 Equipment Operator I
Groundskeeper
Water Resource Specialist
122 Accountant I
Account Technician I
Code Enforcement Officer I - NPU
Electrician Apprentice I
Environmental Compliance Technician
Tree Trimmer II
123 Administrative Services Technician I
Laboratory Analyst I
Utilities Plant Operator Trainee
124 Development Services Technician I
Heavy Equipment Mechanic I
Recreation Coordinator
Utilities Services Worker II
Water Conservation Specialist
125 Community Development Program Specialist I
Engineering Assistant Trainee
Equipment Operator II
Parks Maintenance Crewleader
Parks Maintenance Mechanic
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City of Modesto
Class Range Table – General Non-Sworn Classes

Page 3 ends

Effective July 1, 2025

RANGE TITLE
______________________________________________________________________

126 Account Technician II
Airport Maintenance Worker
Code Enforcement Officer II - NPU
Electrician Apprentice II
Fire Equipment Mechanic
Housing Financial Specialist
Housing Rehabilitation Specialist I
Parking Services Crewleader
Senior Tree Trimmer
Solid Waste Code Enforcement Officer
127 Administrative Services Technician II
Building Maintenance Technician
Development Services Technician II
Environmental Compliance Inspector I
Laboratory Analyst II
Multimedia Designer
Utilities Plant Operator I
Welder/Fabricator
128 Cross Connection Specialist
Heavy Equipment Mechanic II
Plant Mechanic I
Traffic Operations Technician
Utilities Services Worker III
Water Meter Technician
129 Building Inspector I
Community Development Program Specialist II
Electrician Apprentice III
Engineering Assistant I
Head Groundskeeper
Senior Equipment Operator
Senior Fire Equipment Mechanic
130 Housing Rehabilitation Specialist II
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City of Modesto
Class Range Table – General Non-Sworn Classes

Page 4 ends

Effective July 1, 2025

RANGE TITLE
______________________________________________________________________

131 Airport Maintenance Crewleader
Environmental Compliance Inspector II
Laboratory Analyst III
Utilities Plant Operator II
132 Heavy Equipment Mechanic Crewleader
Plant Mechanic II
Senior Utilities Services Worker
Traffic Striping Crewleader
133 Building Inspector II
Building Maintenance Specialist
Construction Inspector
Engineering Assistant II
Operations Crewleader
Process Control Systems Technician
134 Senior Environmental Compliance Inspector
135 Plans Examiner
Senior Utilities Plant Operator
136 Electrician
Plant Maintenance Planner
Senior Plant Mechanic
137 Engineering Project Coordinator
Senior Building Inspector
Senior Construction Inspector
138 Survey Party Chief
140 Electrician Crewleader
Senior Electrician
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CITY OF MODESTO

CLASS RANGE TABLE

REPRESENTED MANAGEMENT AND CONFIDENTIAL NON-SWORN

CLASSES
Effective July 1, 2025

RANGE TITLE

411 Administrative Office Assistant II (Confidential)

412 Account Clerk I (Confidential)
415 Administrative Office Assistant III (Confidential)
Human Resources Assistant
ICMA Management Fellow

416 Account Clerk II (Confidential)
417 Parking Enforcement Officer

419 Police Support Specialist II (Confidential)
Senior Administrative Office Assistant (Confidential)
Senior Human Resources Assistant
420 Workers’ Compensation Claims Assistant
421 Police Park Ranger Supervisor
Legal Secretary I
422 Account Technician I (Confidential)
Deputy City Clerk
Homeless Management Information System (HMIS) Technician

423 Administrative Services Technician I (Confidential) Custodian Supervisor
Executive Assistant
Human Resources Technician I
Workers’ Compensation Claims Examiner I
424 Buyer
425 Systems Technician I
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -2 Effective July 1, 2025

RANGE TITLE
426 Account Technician II (Confidential)
Employee Benefits Coordinator
Homeless Management Information System (HMIS) Program
Coordinator
Legal Secretary II
427 Administrative Services Technician II (Confidential) Human Resources Technician II
Office Supervisor Confidential
Safety Specialist
428 Police Technician Supervisor
Public Safety Outreach Supervisor
Senior Legal Secretary
Workers’ Compensation Claims Examiner II
429 Financial Analyst I
Risk Analyst I
Systems Technician II
Utility Dispatch Supervisor
430 Administrative Analyst I
Central Stores Supervisor
Senior Buyer
Senior Legal Secretary
Senior Systems Technician
Technology Solutions Analyst I
431 Animal Control Supervisor
Assistant City Clerk
Assistant Planner
Human Resources Analyst I
Police Range and Training Center Coordinator
432 Senior Workers' Compensation Claims Examiner
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -3 Effective July 1, 2025

RANGE TITLE
433 Events Coordinator
Financial Analyst II
Junior Landscape Designer
Neighborhood Preservation Supervisor
Parking Adjudication Program Coordinator
Parking Services Supervisor
Risk Analyst II
Senior Systems Technician
Software Analyst I
Systems Engineer I
Water Resources Analyst

434 Administrative Analyst II
Junior Engineer
Police Civilian Supervisor
Police Hiring Supervisor
Recreation Supervisor
Technology Solutions Analyst II
435 Assistant Surveyor
Assistant Transportation Planner
Compost Facility Supervisor
Human Resources Analyst II
Solid Waste Supervisor
Solid Waste Code Enforcement Supervisor

436 Associate Planner
Housing Rehabilitation Supervisor
Laboratory Quality Control Analyst
Operations Supervisor
Public Safety Information Coordinator
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -4 Effective July 1, 2025

RANGE TITLE
437 Assistant Landscape Designer
Customer Services Supervisor
Emergency Medical Services Coordinator - RN
Financial Analyst III
Senior Events Coordinator
Software Analyst II
Systems Engineer II
Transit Analyst
Weed and Seed Program Coordinator
438 Assistant Engineer
Business Analyst
Cultural Services Program Manager
Management Analyst
Senior Crime and Intelligence Analyst
439 Associate Transportation Planner
Organizational Development Coordinator
Plant Maintenance Supervisor
Risk and Loss Control Coordinator
Senior Community Development Program Specialist
Senior Human Resources Analyst
440 Economic Development Marketing Specialist
Environmental Services Supervisor
Integrated Waste Specialist
Revenue Collections and Compliance Supervisor
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -5 Effective July 1, 2025

RANGE TITLE
441 Associate Landscape Architect/Associate Architect
Auditor I
Housing and Urban Development Supervisor
Infrastructure Financing Program Supervisor
Public Safety Business Services Analyst
Senior Financial Analyst
Senior Planner
Senior Software Analyst
Senior Systems Engineer
Utilities Plant Operations Supervisor
Utilities Services Supervisor
442 Administrative Services Officer
Associate Land Surveyor
Associate Engineer
Auditor II
Electrical Supervisor
EMS Quality Improvement Coordinator
Laboratory Supervisor
Police Civilian Manager
Safety Officer
Senior Business Analyst

443 Centre Plaza Manager
Construction Inspection Supervisor
Customer Services Manager
Senior Transportation Planner
444 Environmental Regulatory Compliance Superintendent
Plant Maintenance Superintendent
Purchasing Manager
Recreation Program Manager
Revenue Collections and Compliance Manager
Wastewater Collections Systems Superintendent
Water Construction Superintendent
Water Operations Superintendent
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -6 Effective July 1, 2025

RANGE TITLE
445 Senior Landscape Architect/Senior Architect
Building Inspection Supervisor
Building Safety Program Coordinator
Community and Media Relations Officer
Information Technology Security Officer
Principal Database Administrator
Principal Systems Engineer
Public Safety Communications Manager
446 Airport Manager
Deputy Fire Marshall
Environmental Regulatory Compliance Manager
Facilities Manager
Water Quality Control Superintendent – Chief Plant Operator

447 Accounting Manager
Senior Land Surveyor
448 Associate Civil/Traffic Engineer
Forestry Manager
Recreation and Neighborhoods Services Manager
Transit Manager

449 Fleet Manager
Integrated Waste Program Manager
Principal Planner
Streets Manager
450 Assistant Chief Building Official
Business Center Manager
Wastewater Collections Systems Manager
Water Quality Control Plant Manager
452 Operations Manager
Parks Planning and Development Manager
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -7 Effective July 1, 2025

RANGE TITLE
453 Information Technology Manager
Parks Recreation & Neighborhoods Operations Manager
Planning Manager
Senior Public Works Manager
Wastewater Division Manager
Water Division Manager
454 Economic Development Manager
455 Community Development Manager
456 Chief Building Official
Senior Civil/Traffic Engineer
458 Traffic Engineer
460 Assistant City Engineer
461 Engineering Division Manager
462 City Engineer
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CITY OF MODESTO

CLASS RANGE TABLE

PUBLIC SAFETY NON-SWORN CLASSES
Effective July 1, 2025
___________________________________________________________________

RANGE TITLE
___________________________________________________________________ 1103 Police Cadet I
1107 Police Cadet II
1115 Police Support Specialist I
1119 Police Animal Control Officer I
Police Community Service Officer I
Police Evidence and Property Technician I
Police Park Ranger
Police Support Specialist II
1122 Public Safety Outreach Specialist
Police Officer Recruit
1123 Police Animal Control Officer II
Police Community Service Officer II
Police Evidence and Property Technician II
1124 Police Identification Technician I
Police Technician
1126 Senior Public Safety Outreach Specialist
1127 Fire Prevention Inspector I
1128 Police Crime and Intelligence Analyst I
Police Identification Technician II
1131 Fire Prevention Inspector II
1132 Police Civilian Investigator
Police Crime and Intelligence Analyst II
1135 Fire Plans Examiner
Police Range and Training Technician
Senior Fire Prevention Inspector
1150 Police Aircraft Pilot
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CITY OF MODESTO

CLASS RANGE TABLE

UNREPRESENTED MANAGEMENT AND CONFIDENTIAL NON-SWORN

CLASSES
Effective July 1, 2025

RANGE TITLE

2423 Executive Assistant
2427 Office Supervisor - Confidential
2428 Legal Services Administrator
2429 Executive Assistant to the City Council
Executive Assistant to the City Manager
Paralegal
2431 Equal Opportunity Analyst/Paralegal

2434 Senior Auditor
2439 Employee Benefits Manager
2442 Employee Relations Officer
2447 Budget Manager
2448 Deputy City Attorney I
Human Resources Manager
Risk Manager

2452 Deputy City Attorney II
Deputy Director of Community and Economic Development
Deputy Director of Cultural and Enterprise Services
Deputy Director of Finance
Deputy Director of Human Resources
Deputy Director of Recreation and Neighborhoods
Public Relations and Legislative Affairs Manager
2453 Police Administrator
2456 Deputy City Attorney III
2460 Senior Deputy City Attorney
2466 Assistant City Attorney
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Exhibit 1 - FY 2025-26 Proposed Non-Measure H Adjustments GF and Non-GF Proposal # Description of Adjustment Department Ongoing/One-Time Fund Name FTE Fund Cost Center Account Project Amount CED-009 Economic Development Strategic Plan Implementation Community & Economic Development One-Time General Fund - 0100 14180 Various 000000 $ 50,000 ESD-010 Convert PT Construction Inspector to 1 FTE Engineering Services Department Ongoing Capital Improvement Support 1.00 1300 13210 51401/51901/ 000000 $ 72,339 PW-SW-004 Add one Operations Crewleader position Public Works Ongoing Solid Waste Fund 1.00 4891 56010 51401/51901 000000 $ 121,496 UTL-003 Water Resource Analyst - New Allocation Utilities Department Ongoing Sewer Operations Fund 1.00 4210 44113 51401/51901 000000 $ 143,067 TOTALS FOR NON-MEASURE H ADJUSTMENTS 3.00 $ 386,902
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Exhibit 2 - FY 2025-26 Proposed Measure H Spending Plan (New Requests) Proposal # Description of Adjustment Department Ongoing/One-Time Measure H/Non-Measure H FTE Fund Cost Center Amount ESD-001 Measure H - High Priority Deferred Maintenance Needs - Large Projects (Year 3) Engineering Services Department One-Time Measure H - 3122 39998 $ 500,000 ESD-002 Measure H - High Priority Preventative Maintenance Needs - Large Projects (Year 3) Engineering Services Department One-Time Measure H - 3122 39998 $ 500,000 ESD-003 Cesar E. Chavez Park Renovation Project Funding Engineering Services Department One-Time Measure H - 3140 39999 $ 761,133 ESD-006 Dr. Martin Luther King Jr. Park Renovation Project Funding Engineering Services Department One-Time Measure H - 3140 39998 $ 7,870,000 ESD-010 Pelandale Street Landscape Project Refunding of Budget Engineering Services Department One-Time Measure H - 3140 39998 $ 300,000 MFD-007 Radio Maintenance Program Funding Modesto Fire Department One-Time Measure H - 0160 18211 $ 155,175 MFD-010 Wildland Web Gear Funding Modesto Fire Department One-Time Measure H - 0160 18211 $ 100,000 MPD-010 Armored Vehicle Purchase Modesto Police Department One-Time Measure H - 0160 19321 $ 400,000 PRN-016 Rentable Community Stage Purchase Parks, Recreation, and Neighborhoods One-Time Measure H - 0160 33031 $ 260,000 PW-FGW-003 Additional Drenching Trailer and Pickup Truck Purchase for Forestry Public Works One-Time Measure H - 0160 56041 $ 60,000 GF Balancing Movement of SAFER Operation Subsidy Transfer to Measure H (Ongoing) Modesto Police Department Ongoing Measure H - 0160 70160 $ 258,000 GF Balancing Movement of CHAT Operations Subsidy Transfer to Measure H (Ongoing) Modesto Police Department Ongoing Measure H - 0160 70160 $ 394,000 GF Balancing Movement of CalVIP Operations Subsidy Transfer to Measure H (Ongoing) Modesto Police Department Ongoing Measure H - 0160 70160 $ 75,000 GF Balancing Move Police Air Support Operations to Measure H (Ongoing) Modesto Police Department Ongoing Measure H - 0160 19323 $ 466,294 GF Balancing Move Area Command Operations to Measure H (Ongoing) Modesto Police Department Ongoing Measure H 1.00 0160 19511 $ 427,928 GF Balancing Move Alternative Response Unit (ARU) Operations to Measure H (Ongoing) Modesto Police Department Ongoing Measure H 3.00 0160 19521 $ 926,423 MPD Staffing Eliminate 10 Police Officer Recruit Positions Modesto Police Department Ongoing Measure H (10.00) 0160 19321 $ (967,940) MPD Staffing Add 5 Police Officer Positions Modesto Police Department Ongoing Measure H 5.00 0160 19321/19550 $ 793,730 MPD Staffing 1 Senior Administrative Office Assistant Modesto Police Department Ongoing Measure H 1.00 0160 19421 $ 93,955 MPD Staffing Convert 2 existing Police Officer positions to 2 Sergeant allocations Modesto Police Department Ongoing Measure H 2.00 0160 19321/19550 $ 155,434 MPD Staffing Convert 1 existing Police Officer position to 1 Police Lieutenant allocation Modesto Police Department Ongoing Measure H 1.00 0160 19511 $ 131,303 MPD Staffing Convert 1 existing Park Ranger position to 1 Park Ranger Supervisor allocation Modesto Police Department Ongoing Measure H 1.00 0160 19522 $ 11,500 TOTALS FOR MEASURE H SPENDING PLAN 4.00 $ 13,671,935
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CITY OF MODESTO

OPERATING BUDGET POLICY

INTRODUCTION
The purpose of this policy is to identify roles, responsibilities, and actions related to the preparation and monitoring of the City of Modesto’s annual operating budget. The operating budget is adopted annually at the fund level by the City Council. The budget provides a detailed estimate of how much the City needs to spend in its fiscal year to meet its ongoing financial obligations and provide programs and services.

RESPONSIBILITIES
Per the City Charter (Section 1302.1 through 1304), each year:

The City Manager shall, on or before December 15 of each year, submit to the Mayor and to the Council a five (5) year economic forecast of expenditures and revenues for each City Department.

On or before January 10, the members of the Council may submit individual written budget priorities to the Mayor for consideration. The Mayor shall, after consideration of any received written budget priorities, prepare and deliver to the Council the Mayor’s Proposed Budget Priorities and Direction for both the City’s Capital Budget and for the City’s Operating Budget.

The Mayor shall, on or before February 15 of each year prepare and deliver to the Council the Mayor’s Budget Message which shall include:
a) A statement of the fiscal priorities which the City should adopt for the ensuing fiscal year; and
b) Which City services, departments, offices or agencies the Mayor proposes to be expanded or reduced.

The Council shall hold a public hearing to consider the Final Mayor’s Budget Message and to make any additions or revisions the Council deems advisable. Upon closing of the public hearing, the Council shall approve the Mayor’s Budget Message as presented, or as revised.

The City Manager shall, on or before March 15 of each year, prepare and deliver to the Mayor and Council, a Capital and Operating Mid-Year Budget Report for each department, office, or agency.

By April 30 of each year, the City Manager shall send to Council a draft budget consisting of a careful estimate of the amounts of expenditures required for the business and proper conduct of the various departments, offices, boards, and commissions of the City, over which the City Manager has control during the next ensuing year. The City Manager shall also include in the draft budget an estimate of the amount of income/revenues that are to be included as part of the
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draft budget. The draft budget shall accurately reflect the recommendations and priorities specified in the Final Mayor’s Budget Message as adopted by the Council.

At least forty-five (45) days prior to the new fiscal year, the Mayor shall prepare and deliver to the Council the Mayor’s Final Budget Modifications of the draft budget as submitted by the City Manager. Following the receipt of the Mayor’s Final Budget Modifications, the Council shall consider and review the draft budget as submitted by the City Manager together with the Mayor’s Final Budget Modifications and make such revisions as the Council may deem advisable. The resulting document shall be deemed the “Proposed Budget.” After the creation of the “Proposed Budget” document, the Council shall determine the time for the holding of a public hearing upon the “Proposed Budget” and a notice shall be posted not less than ten (10) days prior to said hearing. This public hearing will be used by the Council to allow for interested persons desiring to be heard an opportunity to speak upon the “Proposed Budget.”
At the conclusion of the public hearing, the Council shall further consider the “Proposed Budget” and make any revisions that it may deem advisable; and thereafter it shall adopt the budget with revisions, if any. Any revisions may add or increase programs or amounts or may delete or decrease programs or amounts except expenditures required by law or for debt service provided that no budget revision to the budget shall increase proposed expenditures to an amount greater than the total estimated income plus unencumbered available reserves and estimated unencumbered balances of funds carried over from the preceding fiscal year.

The Mayor is responsible for preparing and delivering to the City Council the Mayor’s Proposed Budget Priorities and Direction for capital and operating budgets, the Mayor’s budget message, and final budget modifications.

The City Manager is responsible for preparing and delivering to the Mayor and Council a fiveyear forecast of expenditures and revenues, mid-year budget reports, and a draft budget.

The City Council is responsible for reviewing the proposed budget, holding a public hearing, revising the draft budget as needed, and approving the budget.

Under the Modesto Municipal Code (MMC) 2-3.401, the Budget Division is responsible for annually preparing and submitting to the City Manager a proposed preliminary budget prior to the beginning of the next succeeding fiscal year, and to ensuring monies are available and appropriated.

POLICY
Budget Development

1. It is the policy of the City of Modesto to prepare an annual budget using the accounting basis that is in conformance with generally accepted accounting principles (GAAP). To prepare the organization’s budget, the Budget Manager shall gather proposed budget information from all Department directors (and others with budgetary responsibilities).

2. Budgets proposed and submitted by each department should be accompanied by a narrative explanation of the sources and uses of funds and explaining all material fluctuations in budgeted amounts from prior years. All requests for additional personnel shall include a narrative explaining the need for an increase in staff potential duties for the new #23..
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employee and expected salary. All requests for capital shall include a narrative explaining the reason for the need of the respective item.

3. After appropriate revisions and a compilation of all department budgets a draft of the organization-wide budget is prepared by the Budget Manager. The appropriated budget is prepared by:
• Fund (e.g. General Fund)
• Department (e.g. Police).
• Division ( e.g. Field Operations)
• Revenue/Expense Account (e.g. Sales and Use Tax/Office Supplies)

4. The draft of the organization-wide budget, individual departments’ budgets as well as the narratives, and multi-year project budgets are presented to the City Manager for discussion, revision, and initial approval. Each individual capital request is evaluated to determine whether the capital item is needed to clear a safety issue a legal requirement or to improve customer service. This process is separate from the creation and adoption of the City’s Capital Improvement Program (CIP). The policy for the CIP adoption follows a different set of guidelines. All request for additional staff are reviewed for viability based on the economic condition of the City.

5. At a public hearing the Mayor submits to the City Council a proposed operating budget for the fiscal year commencing the following July 1. The operating budget includes proposed expenditures and the means of financing them. The proposed budget is presented to City Council for discussion, revision and adoption.

6. Public hearings are conducted at City Hall to obtain citizen input. Prior to July 1, the budget is adopted by motion of the City Council.

7. It is the policy of the City of Modesto to adopt a final budget prior to July 1 of the new fiscal year. The purpose of adopting a final budget at this time is to allow adequate time for the Budget Division to input the budget into the accounting system and establish appropriate budget and reporting procedures to ensure proper classification of activities and comparison of budget versus actual once the year begins.

8. The City will prepare and annually refine written goals and policies to guide the preparation of financing, spending, and performance plans for the City budget. Proposed budgets will comply with the adopted budget polices and Council priorities.

9. Department and program managers will not exceed the Council-approved appropriations in any fund. The City Council may approve modifications to these appropriations throughout the year as warranted by revenue collections and activity demands.

10. Enterprise funds and other non-general fund operations should be self-supporting and should maintain reserve levels that are adequate to protect against fluctuations in revenue and expenditure levels. Activities that deviate from this requirement shall be identified for the City Council annually at the time of budget adoption. Exempt from this requirement are those funds that account solely for grant funds.

11. Interest shall be allocated quarterly to all funds based on their average monthly balances during each quarter.

12. Costs charged between funds such as force-account labor and other direct costs shall be charged on the basis of actual cost and not on the budgeted amount, unless a separate contract exists between the managers of the two programs allowing the use of the budgeted amount as the basis for the charge.

13. Appropriations for certain grants and on-going Capital Improvement Program projects that were authorized in previous years and that are not fully expended shall be deemed valid until revoked. Appropriations related to certain developer-funded expenditures may also be treated as multi-year appropriations.

Inter-fund Transfers and Loans
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1. Ongoing operating program costs will not exceed the amount of ongoing revenue to finance those costs. Inter-fund loans will not be used as a funding mechanism to address ongoing gaps between revenues and costs. If a new program is added on an ongoing basis, an ongoing revenue source will be identified to fund the program costs. Any available carryover balance will only be used to offset one-time costs.

2. Unless direction is given at the time an inter-fund transfer is approved that the amount to be transferred between funds is not subject to adjustment based on a share of cost formula, all inter-fund transfers shall be based upon the sending fund’s pro rata share of any project costs or other obligation that is the basis for the transfer. Therefore, a reconciliation of the share of costs allocable to the fund(s) from which resources are to be transferred shall be performed prior to the year-end closing of the city’s financial records and shall become the basis for determining the actual amount of any resources to be transferred. It is the intent of this policy that any transfers designed to provide a subsidy to the operations of another fund shall not exceed the amount needed to provide sufficient resources to make revenues equal expenditures unless other direction is provided by the City Council.

3. All inter-fund transfers and their purpose shall be identified to the Council annually, at the time of the budget adoption.

4. All inter-fund transfers between a fund and Capital or Non-Capital project shall not lapse at the end of the fiscal year but instead shall remain active until the project is completed and the funding is no longer needed. Inter-fund transfers will be evaluated at each year-end and then the remaining funds will be re-appropriated in the new fiscal year as the inter-fund transfer continues on for the continuing project.

5. Loans between funds and loans to other component units of the city should be considered in light of a multi-year business plan that demonstrates a reasonable ability to repay the loan.

All inter-fund loans and loans to component units, either existing or proposed, shall be identified for the City Council at the time of budget adoption. Generally, inter-fund loans and loans to component units shall be established with a repayment deadline that reflects the earliest feasible opportunity for repayment of the loan. Interest rates charged on the loan shall be based on the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding a payment date. a. Note that the terms and conditions for existing loans between the City and the former Redevelopment Agency are governed by one or more separate resolutions adopted at the time the loans were approved and are subject to the laws put into place by recent redevelopment dissolution legislation passed by the State of California.

Reserves

1. General Fund Reserve: The Council has adopted a policy that uses the Fund Balance Guidelines for the General Fund that has been established by the Government Finance Officers Association (GFOA). The Council has established the following policies pertaining to General Fund reserves:
 The General Fund’s minimum reserve requirement should be maintained at a level of no less than two months of the General Fund's regular operating expenditures. The amount of General Fund reserves are to be calculated as the total of the Emergency Reserves category.
 Any unassigned reserves/carryover in the General Fund at the end of a fiscal year will be distributed out based upon the following guidelines:
o 1/4 of the unassigned reserves/carryover will be assigned to the Emergency Reserves category.
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o 1/4 of the unassigned reserves/carryover will be assigned to fund pension obligations (i.e. pension trust funding, etc.)
o 1/4 of the unassigned reserves/carryover will be assigned to fund deferred maintenance.
o 1/4 of the unassigned reserves/carryover will be assigned to the Innovation Fund category.

2. Fund Replacement Reserves: In order to provide future resources for the replacement or repair of depreciable assets, each fund shall establish a list of depreciable assets, including useful lives and replacement costs that will determine the amount to be set-aside annually to allow the timely replacement or repair of these assets. Each program manager shall also establish a plan for funding the reserve and shall disclose the adequacy of the reserve level annually to the City Council as part of the annual budget adoption process.

Fund Balance Information Requirements

1. The requirements of GASB Statement No. 54 are intended to enhance the usefulness, including the understandability, of fund balance information, in the financial statements. The City will spend the most restricted dollars before less restricted, given equal eligibility, in the following order:
 Non-Spendable - if funds become spendable (inventories, prepaid amounts)  Restricted (grants, bond proceeds)
 Committed (capital acquisitions, pending projects)
 Emergency Reserves (set aside funds in the General Fund that can only be appropriated through Council action)
 Assigned (purchase orders, encumbrances)
 Unassigned (residual fund balance after deducting the other fund balance categories)
Budget Adjustment Authority

1. Any adjustment that would appropriate any amount from the General Fund Emergency Reserves must receive Council approval to be appropriated. The authority to approve any other type of budget adjustment in the amount of $25,000 or less is delegated to the Office of Performance Management and Budget Director. The authority to approve any other type budget adjustment between $25,001 and $50,000 is delegated to the City Manager.

2. Authority for any budget adjustment over $50,000 is delegated to the parties shown below with the exception of appropriations from the General Fund Emergency Reserves:
 City Council
o Appropriation of undesignated reserves
o Appropriation of new revenues
 Does not include Developer Payments
o Budgeting inter-fund transfers
 Does not include adjustments to budgeted transfers where the intent is to subsidize an enterprise operation as shown in item (v) under the City Manager’s budget adjustment authority
o Creation of inter-fund loans
o Creation of, or increase in, any multi-year appropriation except for the allocation of interest
o Addition of permanent staff positions
o Appropriation of payments for new indebtedness including operating leases o All other budgetary actions not delegated to another official #23..
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 City Manager
o Adjust appropriations between departments within a fund o Change any capital equipment appropriation
o Appropriate reserves, excluding General Fund Emergency Reserves, for litigation on a case-by-case basis
o Adjustments to Inter-fund transfers intended to balance enterprise fund operations where the cumulative total of any adjustment does not increase the original City Council approved appropriation by more than $50,000 o Appropriate Developer Payments not previously budgeted o Annexation Deposits
o Special District Formation Deposits
o Developer Deposits to be recognized as revenue
 Office of Performance Management and Budget Director
o Appropriate unbudgeted grant interest
o Revise the allocation of Internal Service Fund charges between departments, provided that the total allocated amount does not increase (any such changes to the allocation shall not result in an increase or decrease to the total amount of discretionary appropriations provided to the affected departments) o Changing any CIP line item appropriation
o Revoke multi-year appropriations
o Close Capital Improvement Program or Non-Capital projects o Make technical budget corrections to implement the intent of Council-approved actions and resolutions
o Transfer fiscal appropriations between sub-funds of a single fund (except where this changes appropriation amounts for temporary agency labor and/or capital equipment purchases over $25,000)
o Make adjustments to funds or cost centers when they are closed and encumbrances need to be cleared out and budgets need to be reduced to $0 as part of the close-out process to ensure all activity is closed out for audit purposes  Department Director
o Transfer appropriations within a department, within a single fund (excludes appropriations related to capital equipment, capital improvement program) o Acting as a designee of the City Manager, the Parks, Recreation, & Neighborhoods Director shall be authorized to appropriate private donations or grants made to the Fund Development Program of the Parks, Recreation, & Neighborhoods Department for specified purposes up to $25,000 Monitoring Performance

1. It is the policy of the City of Modesto to monitor its financial performance by comparing and analyzing actual results with budgeted results. This function shall be performed periodically by the Budget Manager.

2. Budgetary review
 Budget-to-actual comparisons are made on a monthly basis by the Budget Division.  Budget-to-actual comparisons are presented for City Council review at mid-year and on an as needed basis.
 Budget-to-actual comparisons are provided in the annual comprehensive financial report (ACFR) for each individual governmental fund, for which an appropriated annual budget has been adopted.
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3. The City maintains an encumbrance accounting system of purchase orders and contracts as a means of accomplishing budgetary control. Purchase orders are reviewed to ensure that funds are available and that requests are properly authorized prior to being released to vendors.
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Exhibit 4 - FY 2025-26 Proposed Operating and Multi-Year Budget Addendum.docx Fiscal Year 2025-2026
Proposed Operating Budget Addendum

1. Amend the revenue budget in Cost Center 90001 – General Revenues in the Franchise Tax – Garbage account (41304) in the amount of $100,000 to account for additional estimated revenues.

2. Amend the expense budget in Cost Center 52310 – City 10th Street Place JPA Operations Services to the amount of $1,983,735 to fund the increase the City’s 10th Street Place Fiscal Year 2025-2026 contribution obligation.

3. Amend the expense budget in Cost Center 31010 – PRN – Administration in the amount of $25,000 to account for the newly approved community event contribution to the Gallo Center.

4. Amend the expense budget in Cost Center 31010 – PRN – Administration in the amount of $25,000 to account for the newly approved community program contribution to the Modesto Garden Club.

5. Amend the revenue budget in Cost Center 31010 – PRN – Administration within the General Fund (0100) in the amount of $100,555 to account for an increase for direct charge agreements.

6. Amend the expense budget in Cost Center 31010 – PRN – Administration within the General Fund (0100) in the amount of $26,749 to account for a decrease for direct charge agreements.

7. Amend the expense budget in Cost Center 34110 – PRN – Historical Properties within the General Fund (0100) in the amount of $25,001 to account for an increase for direct charge agreements.

8. Amend the expense budget in Cost Center 34150 – PRN – Event Services – John Thurman within the General Fund (0100) in the amount of $1,748 to account for an increase for direct charge agreements.

9. Amend the expense budget in Cost Center 34170 – PRN – Golf General within the Golf Fund (4600) in the amount of $79,957 to account for an increase for direct charge agreements.

10.Amend the expense budget in Cost Center 34170 – PRN – Golf General within the Golf Fund (4600) in the amount of $79,957 to account for an increase for direct charge agreements.

11.Amend the expense budget in Cost Center 34200 – PRN – Cultural Services Administration within the Community Services Operations Fund (4700) in the amount of $91,360 to account for an increase for direct charge agreements.

12.Amend the expense budget in Cost Center 35220 – PRN – Operations Services Administration within the General Fund (0100) in the amount of $1,233 to account for an increase for direct charge agreements.
#23..
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Exhibit 4 - FY 2025-26 Proposed Operating and Multi-Year Budget Addendum.docx

13.Amend the expense budget in Cost Center 53243 – PW – StanRTA – Bus Maintenance Facility within the Fleet Management Fund (5400) in the amount of $1,233 to account for an increase for direct charge agreements.

14.Amend the budget in the CDBG/ESG/HOME/HUD funds to move budget to Activity Numbers and to amend the budget as shown below:

City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ 401,744.00 $ (401,744.00) $ - Services City Forces - Interfund 54500 1526 $ - $ 432,984.00 $ 432,984.00 TOTAL Expenses $ 401,744.00 $ 31,240.00 $ 432,984.00
Intergov - Federal Housing Urban Development Current Year 42030 1526 $ - $ 379,784.00 $ 379,784.00 TOTAL Revenues $ - $ 379,784.00 $ 379,784.00
Total $ 401,744.00 $ (348,544.00) $ 53,200.00
Funds Reimbursed with Entitlement Federal Funds
Community Development Block Grant Funds (CDBG)
FUND 1130
COST CENTER 14010
BUDGET ADDENDUM FISCAL YEAR 2025-2026
City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ 11,320.00 $ (11,320.00) $ - Direct Grants 54706 $ 218,994.00 $ (218,994.00) $ -
Direct Grants - Project Sentinel _Fair Housing 54706 1530 $ - $ 21,000.00 $ 21,000.00 Services City Forces - Interfund 54500 1530 $ - $ 3,400.00 $ 3,400.00 Direct Grants - Center for Human Services - Pathways 54706 1531 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1531 $ - $ 3,400.00 $ 3,400.00 Direct Grants - Children's Crisis Center 54706 1532 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1532 $ - $ 3,400.00 $ 3,400.00 Direct Grants - Court Appointed Special Advocates (CASA) 54706 1536 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1536 $ - $ 3,400.00 $ 3,400.00 Direct Grants - Downtown Streets Team 54706 1534 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1534 $ - $ 3,400.00 $ 3,400.00 Direct Grants - Youth for Christ 54706 1533 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1533 $ - $ 3,400.00 $ 3,400.00 Direct Grants - CHSS Homeless Prevention 54706 1535 $ - $ 40,000.00 $ 40,000.00 Services City Forces - Interfund 54500 1535 $ - $ 3,400.00 $ 3,400.00 Transfer-Out to 1155 71155 $ - $ 250,000.00 $ 250,000.00 TOTAL Expenses $ 230,314.00 $ 304,486.00 $ 534,800.00
Intergov - Federal Housing Urban Development Current Year 42030 1530 $ - $ 24,400.00 $ 24,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1531 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1532 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1536 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1534 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1533 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1535 $ - $ 43,400.00 $ 43,400.00 Intergov - Federal Housing Urban Development Current Year 42030 1529 $ - $ 250,000.00 $ 250,000.00 TOTAL Revenues $ - $ 534,800.00 $ 534,800.00
Total $ 230,314.00 $ (230,314.00) $ -
Funds Reimbursed with Entitlement Federal Funds
Community Development Block Grant Funds (CDBG)
FUND 1130
COST CENTER 14015
BUDGET ADDENDUM FISCAL YEAR 2025-2026
#23..
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Exhibit 4 - FY 2025-26 Proposed Operating and Multi-Year Budget Addendum.docx City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ 227,310.00 $ (227,310.00) $ - Services City Forces - Interfund 54500 1527 $ - $ 350,000.00 $ 350,000.00 TOTAL Expenses $ 227,310.00 $ 122,690.00 $ 350,000.00
Intergov - Federal Housing Urban Development Current Year 42030 1527 $ - $ 350,000.00 $ 350,000.00 TOTAL Revenues $ - $ 350,000.00 $ 350,000.00
Total $ 227,310.00 $ (227,310.00) $ -
BUDGET ADDENDUM FISCAL YEAR 2025-2026
Funds Reimbursed with Entitlement Federal Funds
Community Development Block Grant Funds (CDBG)
FUND 1130
COST CENTER 14020
City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ 200,000.00 $ (200,000.00) $ - Direct Loan - 54720 1529 $ - $ 450,000.00 $ 450,000.00
TOTAL Expenses $ 200,000.00 $ 250,000.00 $ 450,000.00
Transfer In From Fund 1130 CDBG 61130 $ 250,000.00 $ 250,000.00 Intergov - Federal Housing Urban Development Current Year 42030 1529 $ - $ 250,000.00 $ 250,000.00 TOTAL Revenues $ - $ 500,000.00 $ 500,000.00
Total $ 200,000.00 $ (250,000.00) $ (50,000.00)
BUDGET ADDENDUM FISCAL YEAR 2025-2026
Funds Reimbursed with Entitlement Federal Funds
Community Development Block Grant Funds (CDBG)
Revolving Loan Fund - FUND 1150
Project 101652
City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ - $ - $ -
ESG FY 2025-26 Project 101650 - Services City Forces - Appr Unit C 54500 1538 $ - $ 11,827.00 $ 11,827.00 ESG FY 2025-26 Project 101650 - Direct Grants - HMIS 54706 1541 $ - $ 12,967.00 $ 12,967.00 ESG FY 2025-26 Project 101650 - Direct Grant - Youth Street Outreach 54706 1539 $ - $ 32,400.00 $ 32,400.00 ESG FY 2025-26 Project 101650 - Services City Forces - Interfund 54500 1539 $ - $ 5,000.00 $ 5,000.00 ESG FY 2025-26 Project 101650 - Direct Grant - Berbarian Shelter 54706 1540 $ - $ 40,500.00 $ 40,500.00 ESG FY 2025-26 Project 101650 - Services City Forces - Interfund 54500 1540 $ - $ 5,000.00 $ 5,000.00 ESG FY 2025-26 Project 101650 - Direct Grant - Turning Point RHH 54706 1537 $ - $ 20,000.00 $ 20,000.00 ESG FY 2025-26 Project 101650 - Services City Forces - Interfund 54500 1537 $ - $ 5,000.00 $ 5,000.00 ESG FY 2025-26 Project 101650 - Direct Grant - Downtown Streets Team RHH 54706 1537 $ - $ 20,000.00 $ 20,000.00 ESG FY 2025-26 Project 101650 - Services City Forces - Interfund 54500 1537 $ - $ 5,000.00 $ 5,000.00 TOTAL Expenses $ - $ 157,694.00 $ 157,694.00
ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1538 $ - $ 11,827.00 $ 11,827.00 ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1541 $ - $ 12,967.00 $ 12,967.00 ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1539 $ - $ 37,400.00 $ 37,400.00 ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1540 $ - $ 45,500.00 $ 45,500.00 ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1537 $ - $ 25,000.00 $ 25,000.00 ESG FY 2025-26 Project 101650 - Intergov -Federal Housing Urban Development 42030 1537 $ - $ 25,000.00 $ 25,000.00 TOTAL Revenues $ - $ 157,694.00 $ 157,694.00
Total $ - $ - $ -
BUDGET ADDENDUM FISCAL YEAR 2025-2026
Funds Reimbursed with Entitlement Federal Funds
Emergency Solutions Grant (ESG)
FUND 1180
COST CENTER 14050
City of Modesto
Community & Economic Development Department
Community Development Division
Activity Number PROPOSED ADJUSTMENT FINAL PROPOSED
Services City Forces - Interfund 54500 $ - $ - $ -
HOME FY 2025-2026 Project 101651 - Services City Forces - 1528 1528 $ - $ 80,022.00 $ 80,022.00 HOME FY 2025-2026 Project 101651 - Direct Loan - 1528 1528 $ - $ 720,194.00 $ 720,194.00 TOTAL Expenses $ - $ 800,216.00 $ 800,216.00
HOME FY 2025-2026 Project 101651 - Intergov - Federal Housing Urban Development 42030 1528 $ - $ 800,216.00 $ 800,216.00 TOTAL Revenues $ - $ 800,216.00 $ 800,216.00
Total $ - $ - $ -
COST CENTER 14030
BUDGET ADDENDUM FISCAL YEAR 2025-2026
Funds Reimbursed with Entitlement Federal Funds
HOME Investment Partnerships Program (HOME)
FUND 1170
#23..
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Cla s s ific a t io n Pla n Am e n d m e n t s
FY 2025/2026
Dept OPN QTY Po s it io n Tit le De s c r ip t io n o f Ad ju s t m e n t Sa la ry Ra n ge
As s ig n m e n t Division Cost Cen t er
MFD New 1 Fire Pla n s Exa m in e r New Cla ssifica t ion 1135 MFD.Fire Pre ve n t ion 18510 MPD
1536,
1669 2 Police Pa rk Ra n ger Su pervisor New Cla ssifica t ion 421 MPD.Pa rk Ra n ge r Progra m - Me a s u re H 19522 OPMB 0042 1 Bu d g e t M a n a g e r Ch a n g e As s o c ia t io n fr o m M CM A t o UN REP; r a n g e c h a n g e fr o m 4 4 7 t o 2 4 4 7 2447 OPM B.Bu d g e t 11210 PW
0677,
0682,
1633
3 Se n io r Tre e Trim m e r Re t it le Tre e Trim m e r Cre w le a d e r t o Se n io r Tre e Trim m e r 126 PW.Com m u n it y Fore s t ry 56040
PW
0189,
0190 2 Solid Wa st e Code En force m e n t Office r Re t it le /ra n ge ch a n ge Solid Wa st e En force m e n t Office r t o Solid Wa st e Code En force m e n t Office r; Ra n ge ch a n ge from 125 t o 126 126 PW.Solid Wa st e Ma n a gem en t 56010 PW 1399 1 Solid Wa st e Code En force m e n t Su pe rvisor Re t it le Solid Wa st e En force m e n t Su pe rvisor t o Solid Wa st e Code En force m e n t Su pervisor 435 PW.Solid Wa st e Ma n a gem en t 56010
UTIL 1337 1 Wa t er Opera t ion s Su perin t en den t Ret it le Wa t er Su perin t en den t t o Wa t er Opera t ion s Su perin t en den t 444 UTL.W a t e r Se r v ic e s 45010 UTIL 1400 1 Wa t er Con st ru ct ion Su perin t en den t Ret it le Wa t er Su perin t en den t t o Wa t er Con st ru ct ion Su perin t en den t 444 UTL.W a t e r Se r v ic e s 45010 #23..
- 818 -
Po s it io n Allo c a t io n Am e n d m e n t s
FY 2025/ 2026
Dept OPN QTY Requ est Posit ion Cu rren t Division
Cu rren t
CC#
Division
M o vin g To
CC#
M o vin g To
AUD 1434 1 Elim in a t e Se n io r Au d it o r Se n io r Au d it o r AUD.Cit y Au d it o r 06010 n/a n/a AUD 1385 1 Elim in a t e Au d it o r II Au d it o r II AUD.Cit y Au d it o r 06010 n/a n/a CED 0197 1 Re a llo c a t e / r e c la s s Se n io r Bu ild in g In s p e c t o r t o Bu ild in g In s p e c t o r Su pervisor Se n io r Bu ild in g In s p e c t o r CED.Bu ild in g Sa fe t y 14210 n/a n/a ENG New 1 Allo c a t e Co n s t r u c t io n In s p e c t o r Co n s t r u c t io n In s p e c t o r EN G.o n s t r u c t io n Ad m in is t r a t io n 13210 n/a n/a MFD New 1 Fire Pla n s Exa m in er Fire Pla n s Exa m in er MFD.Fire Pre ve n t io n 18510 n/a n/a MFD
1520, 1521,
1522, 1523,
1524, 1525,
1526, 1527,
1528
9 Move Firefigh t er pos it ion s t o n ew Cos t Cen t er Firefigh t er MFD.SAFER Gr a n t 18216
MFD.SAFER
Gra n t 18218
MFD n/a n/a Elim in a t e Cost Cen t er 18216 n/a MFD.SAFER Gr a n t 18216 n/a n/a MPD 1539 1 Rea llo ca t e/recla s s Po lice Pa rk Ra n ger t o Po lice Pa rk Ra n ger Su pervis o r Po lice Pa rk Ra n ger Su pervis o r MPD.Me a s u r e H - Pa r k Ra n g e r Pr o g r a m ARU 19522 n/a n/a MPD 1652 1 Allo c a t e 1 Se n io r Ad m in is t r a t iv e Offic e As s is t a n t Se n io r AOA MPD.Me a s u re H - Re c o rds a n d Su ppo rt 19321 n/a n/a MPD 0852, 1111 2 Rea llo ca t e 1 Po lice Officer t o Po lice Sergea n t Police Sergea n t MPD.Me a s u re H - Fie ld Ope ra t io n s 19321 n/a n/a MPD 1373 1 Re a llo c a t e 1 Po lic e o ffic e r t o Po lic e Lie u t e n a n t Po lic e Lie u t e n a n t MPD.Me a s u re H - Fie ld Ope ra t io n s 19321 n/a n/a MPD
1657, 1658,
1659, 1660,
1661,
5 Rea llo ca t e 5 Po lice Officer Recru it s t o 5 Po lice Officer Police Officer MPD.Me a s u re H - Fie ld Ope ra t io n s 19321 n/a n/a MPD
1662, 1663,
1664, 1665,
1666
5 Elim in a t e 5 Po lice Officer Recru it s
Po lice Officer Recru it MPD.Me a s u re H - Fie ld Ope ra t io n s 19321 n/a n/a MPD 1383
1 Mo v e 1 Po lic e Lie u t e n a n t t o n e w Co s t Ce n t e r Po lic e Lie u t e n a n t MPD. Ar e a Co m m a n d 19510 MPD.Me a s u re H
- Ar e a
Com m a n d 19511
MPD 0122 1 Move 1 Police Sergea n t t o n ew Cost Cen t er Police Sergea n t MPD.Me a s u r e H - Alt . Re s p o n s e Un it 19520 MPD.Me a s u re H
- ARU 19521
MPD 1094 1 Move 1 Police Officer t o n ew Cost Cen t er Police Officer MPD.Me a s u r e H - Alt . Re s p o n s e Un it 19520 MPD.Me a s u re H
- ARU 19521
MPD 1092 1 Rea llo ca t e 1 Po lice Officer t o Po lice Sergea n t Police Sergea n t MPD.Fie ld Ope ra t io n s 19320 n/a n/a MPD 1405 1 M o v e 1 M a in t e n a n c e W o r k e r II t o n e w Co s t Ce n t e r M a in t e n a n c e W o r k e r II MPD.Me a s u r e H - Alt . Re s p o n s e Un it 19520 MPD.Me a s u re H
- ARU 19521
MPD 0065 1 M o v e 1 Bu ild in g M a in t e n a n c e Te c h n ic ia n t o n e w Co s t Ce n t e r Bu ild in g M a in t e n a n c e Te c h n ic ia n PW.Cit y 10t h St reet Pla ce
JPA Op e r a t io n s 52310
M PD. Bu ild in g
Services 19490
MPD 0892
1 M o v e 1 Co m m u n it y Se r v ic e Offic e r II t o n e w Co s t Ce n t e r Co m m u n it y Se r v ic e Offic e r II MPD.Fie ld Ope ra t io n s 19320 MPD.Po lic e
Ab a n d o n e d
Ve h ic le s (AC) 19570
PRN 0177, 0178
2 Mo ve 2 Recrea t io n Co o rdin a t o rs t o n ew Co s t Cen t er Recrea t io n Co o rdin a t o r PRN.Sen io r a n d Ch ildren 's Services 33120 PRN .Ad u lt a n d
Ch ild Progra m s 33140
PRN 0180, 1403 2 Mo ve 2 Recrea t io n Co o rdin a t o r t o n ew Co s t Cen t er Recrea t io n Co o rdin a t o r PRN .Sp o r t s a n d Aq u a t ic Se r v ic e s 33130 PRN .Aq u a t ic s
Progra m s 33150
PW 0189, 0190 2 Rea llo ca t e/recla s s 2 So lid Wa s t e Co de En fo rcem en t Officers Solid Wa st e Code En forcem en t Officer PW.Solid Wa st e 56010 na na PW 1399 1 Rea llo ca t e/recla s s 1 So lid Wa s t e Co de En fo rcem en t Su pervis o r Solid Wa st e Code En forcem en t Su pervisor PW.Solid Wa st e 56010 na na PW 0761, 0762 2 Re a llo c a t e 2 M a in t e n a n c e W o r k e r I t o M a in t e n a n c e W o r k e r II M a in t e n a n c e W o r k e r II PW.Pa rk in g Services 53250 na na PW New 1 Allo ca t e 1 Operatio ns Crew lea d er Operatio ns Crew lea d er PW.Solid Waste 5601 0 na na PW New 1 Allo c a t e 1 M a in t e n a n c e W o r k e r II M a in t e n a n c e W o r k e r II PW .M e a s u r e H - Blig h t Ab a t e m e n t 56019 na na PW
1592, 1593,
1594, 1595 4 Re a llo c a t e 4 M a in t e n a n c e W o r k e r I t o M a in t e n a n c e W o r k e r II M a in t e n a n c e W o r k e r II PW .M e a s u r e H - Blig h t Ab a t e m e n t 56019 na na PW n/a Elim in a t e Cost Cen t er 52310 n/a
PW.Cit y 10t h St reet Pla ce
JPA Op e r a t io n s 52310 na na
PW 1276, 1277 2 Re a llo c a t e 2 M a in t e n a n c e W o r k e r I t o M a in t e n a n c e W o r k e r II M a in t e n a n c e W o r k e r II PW.Solid Wa st e Ma n a gem en t 56010 na na UTL New 1 Allo c a t e 1 W a t e r Re s o u r c e s An a ly s t W a t e r Re s o u r c e s An a ly s t UTL.W a s t e w a t e r Ad m in is t r a t io n 45010 na na UTL 1337 1 Rea llo ca t e/recla s s 1 Wa t er Opera t io n s Su perin t en den t Wa t er Opera t ion s Su perin t en den t UTL.W a t e r Se r v ic e s 45010 na na UTL 1400 1 Rea llo ca t e/recla s s 1 Wa t er Co n s t ru ct io n Su perin t en den t Wa t er Con st ru ct ion Su perin t en den t UTL.W a t e r Se r v ic e s 45010 na na #23..
- 819 -

CITY OF MODESTO
NO. 7310

FIRE PLANS EXAMINER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To review construction, commercial, and residential site plans, fire sprinkler, fire alarm, paint spray booths and other fire protection systems for compliance with fire protection codes and ordinances.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from higher level supervisory, management, or department head staff.

May exercise supervision over lower-level staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS - Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Check routine building plans for compliance and conformance to City codes, California Fire Code and California Building Codes.

Reviews technical engineered reports from laboratories and consulting engineers, for interpretation and field application.

Ensures required engineered fire protection systems (fire sprinklers, fire alarms, hood suppression) when required by the California Fire Code are noted on plans for new and existing buildings or structures.

Recognizes the need for a specialty hazardous materials plan review, work with technical engineers.

Applies knowledge of professional standards, California Fire & Building Code and NFPA to building design.

Reviews site development plans to ensure adequate water supply and fire hydrant availability, place hydrants for new developments and annexations.

Applies Modesto specific building standards to plan submittals. #23..
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CITY OF MODESTO
Fire Plans Examiner

Page 2 ends

Essential Functions: (Continued)
Works collaboratively with Building Plan examiner
Review and check residential and commercial building plans or related structures for conformance with City zoning requirements. such as CUP’s, MDP’s, site plans and others for conformity to fire and municipal codes.

Reviews California State submitted plans for conformity to local municipal code and fire department access and water requirements.

Provides technical advice for inspection staff with interpretation of building plans, California building and fire codes.

Coordinate assigned activities with consultants, engineers, developers, contractors, other City departments and divisions, and with outside agencies; interpret various codes attending various internal and external meetings.

Provides technical assistance to architects, engineers, developers, contractors and building owners by providing technical interpretations of building and fire codes as they apply to the jurisdiction.

Provide customer support and assistance to the public; provide general information and assistance regarding requirements for obtaining approval of plan and building permits.

Maintain records of plans and related documents.

Calculate and determine a variety of fees for plan checks and permits; determine building valuations based upon established standards.

Make field inspections during various stages of construction and remodeling to ensure compliance with applicable codes and regulations of federal, state, and city agencies.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:
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CITY OF MODESTO
Fire Plans Examiner

Page 3 ends

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Construction practices, methods, and terminology.

Principles and practices of modern fire plans examination concepts.

Fire protection and fire inspection standards, codes, ordinances, rules and regulation.

Structural fire protection, fire hazard control, and fire extinguishing detection/alarm systems.

Safety standards in structures where hazardous solids, liquids, or gases are to be manufactured, used, or stored.

National Fire Protection Association Standards.

Modern developments, current literature, and sources of information regarding civil engineering.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:

Read, understand, interpret, and enforce codes, ordinances, laws and regulations.

Review assigned construction plans, diagrams, and specifications to ascertain conformance with applicable fire codes; read and interpret blueprints to ensure compliance with approved plans.

Evaluate fire protection and life safety systems.

Work independently and prioritize workload.

Establish and maintain effective working relationships with staff, members of the public and other encountered in the course of work.
#23..
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CITY OF MODESTO
Fire Plans Examiner

Page 4 ends

Handle routine and complex code enforcement matters.

Deal effectively with confrontational situations.

Train employees engaged in fire prevention/inspection related work in relation to plan review.

Properly document code enforcement cases.

Communicate clearly and concisely, both orally and in writing.

Prepare and present information in meetings and court proceedings.

Write clear and comprehensive reports.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Two (2) years of work experience in fire safety or building code enforcement with plans examination responsibilities.

Training:

Equivalent to an associate degree from an accredited college with major course work in civil engineering, building inspection technology, fire protection technology, fire protection engineering, architecture, planning or a related field.

License or Certificate
Possession of, or the ability to obtain, a valid California driver's license.

Possession of California State Fire Marshal Fire Inspector 1 A-D #23..
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CITY OF MODESTO
Fire Plans Examiner

Page 5 ends

certificates.

Must obtain California State Fire Marshal Plan Examiner 1A-C certificates within 12 months of appointment.

OR
Possession of a valid certificate as a Plans Examiner issued by the International Code Council (ICC).

Must obtain California State Fire Marshal Fire Inspector 2 A-D certifications within 24 months of appointment.

PHYSICAL AND MENTAL REQUIREMENTS
Mobility: frequent use of keyboard; frequent sitting or standing for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking: frequent hearing and talking, in person and on the phone. Emotional/Psychological: frequent decisionmaking and concentration; frequent public and/or coworker contact; occasionally working alone. Environmental: frequent exposure to noise.

WORKING CONDITIONS
Work is generally performed in a typical temperature-controlled office environment subject to typical office noise and environment. Positions may require occasional overtime and weekend work and travel is rare.

Class Spec History
Adopted 06/25
Revised
BU Pub Safety NS

#23..
- 824 -

CITY OF MODESTO
NO. 3800

POLICE PARK RANGER SUPERVISOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To plan, organize, direct and supervise staff related to a variety of administrative and relatively minor enforcement duties by providing a uniformed presence at City parks.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from high level supervisory, management, or department head staff.

Exercises direct supervision over the Public Safety Outreach Specialist position.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS – Essential and other important responsibilities may include, but are not limited to, the following:

Essential Functions:

Plan, prioritize, assign, supervise, and review the work of Police Park Rangers Develop schedules and methods to accomplish assignments conducted by Police Park Rangers ensuring work is completed in a timely and efficient manner.

Participate in providing feedback, and recommending improvements, and modifications.

Evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare various reports on operations and activities.

Submit justifications for training, equipment, and supplies.

Participate in the selection of staff; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures.

Provide a uniformed presence and perform proactive patrol duties in City parks; educate and provide assistance to visitors.

Issue warnings and citation for observed municipal code violations. #23..
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Police Park Ranger Supervisor

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Perform enforcement activities of city, county, and state regulations in parks, trails, and open spaces including but not limited to patrolling by vehicle, motorcycle, all-terrain motorized vehicle, bicycle and/or on foot.

Participate in crime prevention activities by working with various departments, groups, and individuals on addressing issues, concerns, and complaints.

Perform administrative support and data entry functions, as required.

Direct traffic at special events, crime and accident scenes, and signal outages.

Monitor City streets and enforce parking laws, regulations, and municipal codes applicable to non-moving vehicles and issue citations.

Process and storing of found property.

Assist Police Officers with non-emergency duties and conduct non-hazardous investigation.

Provide technical information and instruction regarding applicable procedures and methods; explain rules and regulations; receive and respond to complaints and reports of routine violations from the public.

Gather information from individuals or reference sources to complete and process various routine forms, records, and applications; contact individuals to obtain additional information.

Identify and tow abandoned vehicles, as authorized; recover stolen vehicles when found unattended.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:

Perform related duties as assigned.
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Modesto City CouncilJune 3, 2025

Modesto City Council
June 3, 2025