Agenda packet — Finance Committee, January 26, 2026 (part 1 of 2)

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, January 26, 2026 at 4:00 PM
Roll Call: David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Eric Alvarez, Chris Ricci, Jeremiah Williams, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 2 -
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Committee Members and placed in the record but will not be read aloud during the meeting.

Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

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

Consent

1. Consider the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] - 3 -
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Consent

2. Consider the Fiscal Year 2024-25 Write-off and Adjustment Reports through Fiscal Year-End June 30, 2025, in the total amount of $113,621, and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending the approval of Fiscal Year 2024-25 Write-off and Adjustments Report through Fiscal Year-End June 30, 2025, in the total amount of $113,621 and forwarding to Council for approval.

CED; Edgar Garcia, 209-571-5101, [email protected] Consent

3. Consider an Amendment to the existing On-Call Agreements for Construction Inspection Services, to extend the term of the Agreements through June 30, 2027, increase the existing total amount of $149,000 to a not to exceed $300,000 for each of the three consultants and forwarding to Council for approval. (Funding Source:

Various Capital Improvement Projects)
 Motion recommending an Amendment to the existing On-Call Agreements for Construction Inspection Services to extend the term of the Agreements through June 30, 2027 and increase the existing total amount of $149,000 to a not to exceed amount of $300,000 for each of the three consultants and forwarding to Council for approval.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, pkambel @modestogov.com
Consent

4. Consider an Agreement for the furnishing of City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for a total amount not to exceed $165,000 over five years; and forwarding to Council for approval. (Funding Source: Various Funds)  Motion recommending the Award of Bid and Agreement for City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for two-year Agreement with three one-year extension options, for an estimated annual amount of $33,000 and a total amount not to exceed $165,000 over five years and forwarding to Council for approval.

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

5. Consider the Purchasing Agreement for the purchase of Transmission Parts and Repair Services with AG Transmission Repair, Oakdale, CA, Valley Transmission, Modesto, CA and Mello Transmission Company, Inc., Modesto, CA for a total amount not to exceed $750,000 over five years and forwarding to Council for approval. (Funding Source: Fleet Fund, Outside Service Agreements)
 Motion recommending the Purchasing Agreements with AG Transmission Repair, Oakdale, CA, Valley Transmission, Modesto, CA and Mello Transmission Company, Inc., Modesto, CA for Transmission Parts and Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years; and forwarding to Council for approval. - 4 -
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PUBLIC WORKS; Cory Schermerhorn, 209-342-2214,
[email protected]

UNFINISHED BUSINESS

6. Consider the Community/Special Event and Program Grants for in-kind support valued at $7,500 and Grant Funding of $17,500 for events and programs planned in the second half of Fiscal Year 2025-2026 and forwarding to Council for approval. (Funding Source: General Fund)
 Motion recommending the Community/Special Event and Program Grants for in-kind support valued at $7,500 and Grant Funding of $17,500 for events and programs planned in the second half of Fiscal Year 2025-2026 and forwarding to Council for approval.

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

NEW BUSINESS

7. Consider an Agreement for the furnishing of City-Wide Security Services to Inter-Con Security Systems, Inc., Pasadena, CA for a total amount not to exceed $7,112,000 over seven years; and forwarding to Council for approval. (Funding Source: Various Funds)  Motion recommending an Agreement with Inter-Con Security, Pasadena, CA by utilizing the Competitive Bid Process with Stanislaus County General Services, for City-wide Security Services for a three-year Agreement with four one-year extension options, for an estimated annual amount of $1,016,000, and a total amount not to exceed $7,112,000 over seven years; and forwarding to Council for approval.

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

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 26, 2026
Date: December 18, 2025
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Office of Performance Management and Budget Director SUBJECT: Monthly Budget Adjustment Report – January 2026 CONTACT: Kaceey Culbertson, Budget Manager, [email protected], 209-571-5855
DESCRIPTION:

Consider the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.

BACKGROUND:

Each month staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.

This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they are included as an attachment to this report (Exhibit A). As in past reports, adjustments are segregated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or the Office of Performance Management and Budget Director consistent with the authority levels that were approved by Council with the passing of the Fiscal Year 2025-26 Operating Budget via Resolution No. 2025-187. #1..
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Finance Committee, January 26, 2026
Monthly Budget Adjustment Report – January 2026

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DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2025-26.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.

Approved by:

Stephan Christensen, Office of Performance
Management and Budget Director
Joseph P. Lopez, City Manager
Attachments:

1. Exhibit A – Budget Adjustments Requiring Council Approval

2. Exhibit B – Staff Approved Budget Adjustments
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Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2025-26

ENGINEERING SERVICES DEPARTMENT
 A budget adjustment is necessary to allocate funds to various Measure L projects. The total amount of the adjustment is $2,625,000. Each project will have an increase in the transfer out from Fund 1410 – Measure L Local Road Tax to the project and an increase to the projects discretionary expense accounts. This was approved by the Citizen’s Transportation Sales Tax Commission at the meetings held on December 4, 2025.

Below is the adjustment to each project.

Project
Number
Project Name Amount for
Adjustment
Local Streets and Roads Category
101157 Tuolumne Blvd. Pavement Rehabilitation $1,000,000 101578 Claus Road Corridor Improvements $1,000,000
Traffic Management Category
101361 Install Rectangular Rapid Flashing
Beacons (RRFB)
$210,000
101362 Install Signal Heads at 70 Intersections $415,000 Total Increase to Projects $2,625,000
Total Transfer Out from Fund 1410 $2,625,000
 A budget adjustment in the amount of $833,863 is necessary in the Tuolumne River Regional Park (TRRP) CIP Fund 6710 to allocation Fund Balance and unused funds on completed projects to various projects in need of funding. This allocation was approved by the TRRP JPA Commission on December 10, 2025. The allocation is as follows:

TRRP CIP Funding Currently Available
Account Improvement Cost

TRRP CIP
Fund
Balance
Unallocated Fund Balance $710,546
101061 Unused Funding for Carpenter Road Area Soccer $41,000 101071 Unused Funding for TRRP Neece Drive Boat Launch $39,920 101425 Unused Funding for American Legion Hall Fire Remediations $12,397 101135 Unused Funding for TRRP River Pavilion & Learning Theater $30,000 Total Project Funding Currently Available $833,863
TRRP CIP Projects In Need of Funding
Account Improvement Cost
101478 TRRP B Restroom Installation $350,000
101477 New Playground and Pathway at Mancini Park $300,000 101232 TRRP Riverwalk Trail - Gateway to Mary Grogan Grove (Design) (GRANT MATCH POTENTIAL)
$75,000
101109 TRRP River Overlook (GRANT MATCH POTENTIAL) $108,863 Total Project Funding Needed $833,863
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Monthly Budget Adjustment Report

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FINANCE
 A budget adjustment in the amount of $843,027 is necessary in the Inventory Purchase Fund (5110). This request is derived from the trend we are seeing along with what we have calculated averaging for the remainder of the Fiscal Year. In addition, the Stores Division is assisting in the inventory management for PC replacement for the IT department.

MODESTO POLICE DEPARTMENT
 A budget adjustment in the amount of $178,369 is needed in the MPD Supplemental Law Enforcement Services Fund (SLESF) Project (101681) in the Police Grants Fund (1342) to increase the expense and revenue budget to account for State revenues and offsetting expenditures.
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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments EXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account Current Budget Increase (Decrease)
Revised
Budget Description
AT-037 DD 0100 General Fund 33310 - PRN KKMC Repair and Maintenance Exp $ 13,000 $ (13,000) $ - AT-037 DD 0100 General Fund 33310 - PRN KKMC Repair and Maintenance Exp $ 10,000 $ (10,000) $ - AT-037 DD 0100 General Fund 33330 - Marshall Park PT Staff Exp $ 53,300 $ (30,328) $ 22,972 AT-037 DD 0100 General Fund 33330 - Marshall Park Repair and Maintenance Exp $ 10,000 $ (10,000) $ - AT-037 DD 0100 General Fund 33330 - Marshall Park Repair and Maintenance Exp $ 4,000 $ (4,000) $ - AT-037 DD 0100 General Fund 33330 - Marshall Park IT Equipment Exp $ 2,000 $ (2,000) $ - AT-037 DD 0100 General Fund 33330 - Marshall Park Professional Services Exp $ 7,000 $ (6,000) $ 1,000 AT-037 DD 0100 General Fund 33330 - Marshall Park Vocational Recreation Supplies Exp $ 14,400 $ (3,000) $ 11,400 AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Professional Services Exp $ 25,000 $ (18,200) $ 6,800 AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Food & Beverages Exp $ 8,200 $ (4,050) $ 4,150 AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Laundry Exp $ 250 $ (250) $ - AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Advertising Exp $ 2,800 $ (1,250) $ 1,550 AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Business Expense Exp $ 2,250 $ (100) $ 2,150 AT-037 DD 0100 General Fund 33350 - Senior Citizens Center Vocational Recreation Supplies Exp $ 8,400 $ (2,500) $ 5,900 AT-037 DD 0100 General Fund 33140 - Adult and Child Services Professional Services Exp $ 30,015 $ 12,500 $ 42,515 AT-037 DD 0100 General Fund 33150 - Aquatics Services PT Staff Exp $ 314,152 $ 32,178 $ 346,330 AT-037 DD 0100 General Fund 33040 - Guest Services Repair and Maintenance Exp $ - $ 10,000 $ 10,000 AT-037 DD 0100 General Fund 33320 - Maddux Youth Center PT Staff Exp $ 29,078 $ 50,000 $ 79,078 AT-042 BM 0100 General Fund MFD - Suppression Personal Protection Equipment Exp $ 529,992 $ (3,759) $ 526,233 AT-042 BM 0100 General Fund 101640 - MFD - MFD 2024 Cal Fire Grant AUC - Personal Protection Equipment Exp $ 40,000 $ 3,759 $ 43,759 AT-042 BM 0100 General Fund 101640 - MFD - MFD 2024 Cal Fire Grant Transfer out to fund 1341 TO $ 20,000 $ 3,759 $ 23,759 AT-042 BM 0100 General Fund 101640 - MFD - MFD 2024 Cal Fire Grant Transfer in from fund 0100 TI $ 20,000 $ 3,759 $ 23,759 AT-063 DD 0100 General Fund CED - Planning Budget Only - Salary Adjustment - Decrease EXP $ - $ (112,000) $ (112,000) AT-063 DD 0100 General Fund CED - Planning Budget Only - Benefit Adjustment - Decrease EXP $ - $ (48,000) $ (48,000)
AT-063 DD 0100 General Fund CED - Economic Development Professional Services EXP $ - $ 160,000 $ 160,000 Total Changes for Fund 0100 $ 1,143,837 $ 7,518 $ 1,151,355 AT-041 CM 1341 Grants - Operation Grants
Reimbursed 101705 - PW - Waste Tire Amnesty Grant - TA8 Intergov - State/Calrecycle Rev $ - $ 24,948 $ 24,948 AT-041 CM 1341 Grants - Operation Grants
Reimbursed 101705 - PW - Waste Tire Amnesty Grant - TA8 AuC - Advertising Exp $ - $ 3,500 $ 3,500 AT-041 CM 1341 Grants - Operation Grants
Reimbursed 101705 - PW - Waste Tire Amnesty Grant - TA8 AuC - Svcs City Forces Exp $ - $ 4,198 $ 4,198 AT-041 CM 1341 Grants - Operation Grants
Reimbursed 101705 - PW - Waste Tire Amnesty Grant - TA8 AuC - Tools and Field Supplies <$5,000 Exp $ - $ 1,250 $ 1,250 AT-041 CM 1341 Grants - Operation Grants
Reimbursed 101705 - PW - Waste Tire Amnesty Grant - TA8 AuC - Professional Services Exp $ - $ 16,000 $ 16,000 AT-051 CM 1341 Grants - Operation Grants
Reimbursed 100879 - 2024 MFD Mini Grant Misc Grants/ Donations Rev $ - $ 8,178 $ 8,178 AT-051 CM 1341 Grants - Operation Grants
Reimbursed 100879 - 2024 MFD Mini Grant AUC - PC Software and Supplies Exp $ - $ 8,178 $ 8,178 Total Changes for Fund 1341 $ - $ 66,252 $ 66,252
AT-032 OPMB 1342 Police Grants 101059 - SLESF Interest Revenue on Bank Accounts Rev $ 47,761 $ 132 $ 47,893 AT-032 OPMB 1342 Police Grants 101059 - SLESF Tools & Field Supplies Exp $ 284,308 $ 132 $ 284,440 AT-032 OPMB 1342 Police Grants 101284 - SLESF Interest Revenue on Bank Accounts Rev $ 33,099 $ 373 $ 33,472 AT-032 OPMB 1342 Police Grants 101284 - SLESF Tools & Field Supplies Exp $ 512,532 $ 373 $ 512,905 AT-032 OPMB 1342 Police Grants 101424 - SLESF Interest Revenue on Bank Accounts Rev $ 42,816 $ 470 $ 43,286 AT-032 OPMB 1342 Police Grants 101424 - SLESF Tools & Field Supplies Exp $ 675,725 $ 470 $ 676,195 AT-032 OPMB 1342 Police Grants 101626 - SLESF Interest Revenue on Bank Accounts Rev $ - $ 4,008 $ 4,008 AT-032 OPMB 1342 Police Grants 101626 - SLESF Tools & Field Supplies Exp $ 479,234 $ 4,008 $ 483,242 AT-033 CM 1342 Police Grants 101699 - 25/26 OTS Bike/Ped Grant Intergov - State - Office of Traffic Safety Rev $ - $ 36,400 $ 36,400 AT-033 CM 1342 Police Grants 101699 - 25/26 OTS Bike/Ped Grant 51200 - Police Overtime Exp $ - $ 20,105 $ 20,105 AT-033 CM 1342 Police Grants 101699 - 25/26 OTS Bike/Ped Grant 52300 - Tools & Field Supplies Rev $ - $ 13,795 $ 13,795 AT-033 CM 1342 Police Grants 101699 - 25/26 OTS Bike/Ped Grant 53025 - Training Expenses Rev $ - $ 2,500 $ 2,500 AT-034 CM 1342 Police Grants 101700 - 25/26 OTS STEP Grant Intergov - State - Office of Traffic Safety Rev $ - $ 50,000 $ 50,000 AT-034 CM 1342 Police Grants 101700 - 25/26 OTS STEP Grant 51200 - Police Overtime Exp $ - $ 50,000 $ 50,000 AT-035 OPMB 1342 Police Grants 101539 - SLESF Interest Revenue on Bank Accounts Rev $ 32,224 $ 5,798 $ 38,022 AT-035 OPMB 1342 Police Grants 101539 - SLESF Tools & Field Supplies Exp $ 709,014 $ 5,798 $ 714,812 AT-046 OPMB 1342 Police Grants Fund 101681 - MPD SLESF Funds Intergov - SLESF Revenue Rev $ - $ 8,155 $ 8,155 AT-046 OPMB 1342 Police Grants Fund 101681 - MPD SLESF Funds Appr Unit C - Tools & Field Supplies Rev $ - $ 8,155 $ 8,155 Total Changes for Fund 1342 $ 2,816,713 $ 210,672 $ 3,027,385 AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks 48010 - Interest Rev $ 35,528 $ 8,622 $ 44,150 AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks Direct Grants Exp $ 1,000,000 $ (1,000,000) $ - AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks Svcs City Forces Interfund Exp $ 135,528 $ (91,378) $ 44,150 AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks Direct Grants Exp $ - $ 1,000,000 $ 1,000,000 AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks Direct Grants Exp $ - $ 50,000 $ 50,000 AT-040 CM 1346 CED Grants Reimbursed 101682 - HopeWorks Transfer-In from 4891 TI $ 100,000 $ (50,000) $ 50,000 Total Changes for Fund 1346 $ 1,271,056 $ (82,756) $ 1,188,300 AT-055 OPMB 1380 Non-Capital Parks Fund 100880 - Fund Dev/Special Proj 47031 Misc Donations/Contributions Rev $ 398,218 $ 8,000 $ 406,218 AT-055 OPMB 1380 Non-Capital Parks Fund 100880 - Fund Dev/Special Proj Arch Preservation-10398 Exp $ 500 $ 8,000 $ 8,500 Total Changes for Fund 1380 $ 398,718 $ 16,000 $ 414,718 A budget adjustment of $160,000 is necessary to move salary savings from Appropriation A to discretionary expenses in Appropriation C within GF CED to address under budgeted Professional Services expenses related to Opportunity Stanislaus.

A budget adjustment in the amount of $4,983 is needed to set up the accounting structure to recognize SLESF revenue received and to program offsetting expenses is a like amount in Project 101059, 101284, 101424 and 101626 A budget adjustment in the amount of $36,400 to establish the project budget for expenses and revenue for the 25/26 OTS Ped/Bike Safety Grant PS#26009 award.

A budget adjustment in the amount of $50,000 to establish the project budget for expenses and revenue for the 25/26 OTS STEP Grant PT#26047 award. The total award is $485,000 and the remaining $435,000 will be added to a future monthly budget adjustment item.

A budget adjustment in the amount of $5,798 is needed to set up the accounting structure to recognize SLESF revenue received and to program offsetting expenses is a like amount in Project 101539.

A budget adjustment is needed to reallocate state funds for DST and also allocate new interest earned. These state-earmarked funds were reallocated after DST dissolved and are now being redirected for similar use to United Way and Modesto Gospel Mission under the new project name “HopeWorks.” This adjustment will also reduce the contribution from the Litter Abatement Fund (LAF) from $100,000 to $50,000 and allocate the interest revenue earned on the earmarked funds for the quarter ending 6/30/2025 in the amount of $8,622.

A budget adjustment is necessary to reallocate Recreation Division Funds to better reflect available discretionary and PT staff funds to improve budget management.

A budget adjustment of $8,178 is needed to increase project 100879 budget for purchasing purposes.

A budget adjustment of $3,759 is needed to reduce the operating cost center budget and to transfer the funds from the General Fund to the Cal Fire Grant - Wildland PPE project 101640 to cover the remaining balance on purchase order.

A budget adjustment in the amount of $8,154.73 is needed to set up the accounting structure to recognize SLESF revenue received and to program offsetting expenses in a like amount.

A budget adjustment is necessary for to budget for the CalRecycle grant. The City of Modesto receives reimbursable expenses from CalRecycle for FY25/26 Waste Tire Amnesty Grant. This grant provides funding for staff time, advertising, and waste tire disposal from a certified hauler for residents' waste tires.

A budget adjustment in the amount of $8,000 is necessary to increase project 100880, Task Arch Preservation-10398 and recognize Stanislaus Foundation revenue for staff costs related to replacing the lights on the downtown arch. #1..
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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments EXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account Current Budget Increase (Decrease)
Revised
Budget Description
AT-044 CM 1800 Econ Dev/Strat Plan Fund Tivoli Belconte CS-CD Time and Materials Rev $ 25,000 $ 25,000 $ 50,000 AT-044 CM 1800 Econ Dev/Strat Plan Fund Tivoli Belconte AuC - Professional Services Exp $ 17,500 $ 25,000 $ 42,500 AT-045 CM 1800 Econ Dev/Strat Plan Fund Tivoli Paregian CS-CD Time and Materials Rev $ 25,000 $ 25,000 $ 50,000 AT-045 CM 1800 Econ Dev/Strat Plan Fund Tivoli Paregian AuC - Professional Services Exp $ 17,500 $ 25,000 $ 42,500 AT-052 CM 1800 Economic Development/Strategic
Plan Fund Carpenter Maze GPA ANX CS-CD Time and Materials for FPE SP Rev $ - $ 50,000 $ 50,000 AT-052 CM 1800 Economic Development/Strategic
Plan Fund Carpenter Maze GPA ANX AUC - Professional Services Exp $ - $ 35,000 $ 35,000 AT-052 CM 1800 Economic Development/Strategic
Plan Fund Carpenter Maze GPA ANX AUC - Services City Forces - Interfund Exp $ - $ 15,000 $ 15,000 AT-053 OPMB 1800 Economic Development/Strategic
Plan Fund Boulevard Village One CS-CD Time and Materials Rev $ - $ 25,000 $ 25,000 AT-053 OPMB 1800 Economic Development/Strategic
Plan Fund Boulevard Village One AuC - Professional Services Exp $ - $ 17,500 $ 17,500 AT-053 OPMB 1800 Economic Development/Strategic
Plan Fund Boulevard Village One AuC - Services City Forces - Interfund Exp $ - $ 7,500 $ 7,500 AT-054 OPMB 1800 Economic Development/Strategic
Plan Fund Millbrook Manor Project CS-CD Time and Materials Rev $ - $ 25,000 $ 25,000 AT-054 OPMB 1800 Economic Development/Strategic
Plan Fund Millbrook Manor Project AuC - Professional Services Exp $ - $ 17,500 $ 17,500 AT-054 OPMB 1800 Economic Development/Strategic
Plan Fund Millbrook Manor Project AuC - Services City Forces - Interfund Exp $ - $ 7,500 $ 7,500 AT-057 CM 1800 Economic Development/Strategic
Plan Fund 101677 - Tivoli Alves CS - CD Time and Materials Rev $ 25,000 $ 25,000 $ 50,000 AT-057 CM 1800 Economic Development/Strategic
Plan Fund 101677 - Tivoli Alves AUC - Professional Services Exp $ 17,500 $ 25,000 $ 42,500 AT-058 CM 1800 Economic Development/Strategic
Plan Fund 101679 - Tivoli Mable CS - CD Time and Materials Rev $ 25,000 $ 25,000 $ 50,000 AT-058 CM 1800 Economic Development/Strategic
Plan Fund 101679 - Tivoli Mable AUC - Professional Services Exp $ 17,500 $ 25,000 $ 42,500 Total Changes for Fund 1800 $ 170,000 $ 400,000 $ 570,000 AT-060 OPMB 3122 Measure H - Non-Capital 101624 - Pelandale Street Landscape AUC - Construction EXP $ 1,350,000 $ (150,000) $ 1,200,000 AT-060 OPMB 3122 Measure H - Non-Capital 101624 - Pelandale Street Landscape AUC - EDA EXP $ 250,000 $ 150,000 $ 400,000 AT-064 OPMB 3122 Measure H - Non-Capital 101602 - 24-25 Prev Maint - Measure H AUC - Pkn Lt Reno Slr Sl EXP $ 500,000 $ (139,347) $ 360,653 AT-064 OPMB 3122 Measure H - Non-Capital 101602 - 24-25 Prev Maint - Measure H AUC - Park Scrty Lighting EXP $ 600,000 $ 139,347 $ 739,347 Total Changes for Fund 3122 $ 2,700,000 $ - $ 2,700,000 AT-036 OPMB 3160 Capital Grants - Streets CIP
Projects 101066 - New Signal Oakdale/Claratina Eng/Design/Admin Exp $ 60,000 $ (10,701) $ 49,299 AT-036 OPMB 3160 Capital Grants - Streets CIP
Projects 101066 - New Signal Oakdale/Claratina Construction Administration Exp $ 82,384 $ 10,701 $ 93,085 Total Changes for Fund 3160 $ 142,384 $ - $ 142,384
AT-056 OPMB 4180 Water/CIP 101709 - Stadium Improvements - Water EDA - Engineering/Design/Administration Exp $ - $ 25,000 $ 25,000 A budget adjustment is necessary to establish the initial project budget to identify, design and construct improvements needed to support to Downtown Stadium Project.

Total Changes for Fund 4180 $ - $ 25,000 $ 25,000
AT-048 OPMB 4210 Wastewater 101710 - Stadium Improvement - Wastewater EDA Exp $ - $ 25,000 $ 25,000 A budget adjustment is necessary to establish the initial project budget to identify, design and construct improvements needed to support to Downtown Stadium Project.

Total Changes for Fund 4210 $ - $ 25,000 $ 25,000
AT-049 CMO 4280 Wastewater Grants 101711 - Septic to Sewer - 6 Neighborhoods AUC - EDA Exp $ - $ 50,000 $ 50,000 A budget adjustment is necessary to establish the initial budget for the Septic Sewer project.

Total Changes for Fund 4280 $ - $ 50,000 $ 50,000
AT-050 OPMB 4480 Storm Drain 101707 - Stadium Improvements - Storm Drain AUC - EDA Exp $ - $ 25,000 $ 25,000 A budget adjustment is necessary to establish the initial project budget to identify, design and construct improvements needed to support to Downtown Stadium Project.

Total Changes for Fund 4480 $ - $ 25,000 $ 25,000
AT-040 CM 4891 Solid Waste Fund 74891 - Transfer Out - Solid Waste Transfer-Out to 1346 TO $ 100,000 $ (50,000) $ 50,000 A budget adjustment is needed to reallocate state funds for DST and also allocate new interest earned. These state-earmarked funds were reallocated after DST dissolved and are now being redirected for similar use to United Way and Modesto Gospel Mission under the new project name “HopeWorks.” This adjustment will also reduce the contribution from the Litter Abatement Fund (LAF) from $100,000 to $50,000 and allocate the interest revenue earned on the earmarked funds for the quarter ending 6/30/2025 in the amount of $8,622.

A budget adjustment is necessary to cover the upcoming construction agreement for the 2025 Park Security Lighting Project, scheduled for City Council consideration on Jan. 27, 2026.

A budget adjustment in the amount of $25,000 is necessary to increase the project expense and revenue budget for the Time and Materials for the Tivoli Paregian project to $50,000. Developer Funded.

A budget adjustment in the amount of $50,000 is necessary to capture the revenue deposited by the developer and expenses of the time and materials for the Carpenter Maze General Plan Amendment/Annexation.

A budget adjustment in the amount of $25,000 is necessary to establish a project budget for the Time and Materials for the Boulevard Village One project. Developer funded.

A budget adjustment in the amount of $25,000 is necessary to establish a project budget for the Time and Materials for the Millbrook Manor project. Developer funded.

A budget adjustment in the amount of $25,000 is necessary to increase the project expense and revenue budget for the Time and Materials for the Tivoli Belconte project to $50,000. Developer Funded.

A budget adjustment is necessary to reallocate funds between the project. The project is complete and will be closed once the adjustment is processed.

A budget adjustment in the amount of $25,000 is necessary to increase the project expense and revenue budget for the Time and Materials for the Tivoli Alves project to $50,000. Developer Funded.

A budget adjustment in the amount of $25,000 is necessary to increase the project expense and revenue budget for the Time and Materials for the Tivoli Mable project to $50,000. Developer Funded.

A budget adjustment is needed to cover the remaining contingency and remaining staff time to complete the project.
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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments EXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account Current Budget Increase (Decrease)
Revised
Budget Description
AT-047 OPMB 4891 Solid Waste Fund PW - Solid Waste Management Professional Services Exp $ 155,518 $ 15,100 $ 170,618 A budget adjustment of $15,100 from reserves is necessary to cover HF&H invoice #9722261. This invoice was budgeted for 2025 but was received in 26 and not marked for prior year. Due to year end audit, this invoice cannot be moved to prior year and will need to paid in FY26.

Total Changes for Fund 4891 $ 255,518 $ (34,900) $ 220,618 AT-043 OPMB 6100 JPA - Industrial Fire 80040 - Industrial Fire JPA Svcs City Forces - Interfund Exp $ 13,847 $ (8,847) $ 5,000 AT-043 OPMB 6100 JPA - Industrial Fire 80040 - Industrial Fire JPA Property Taxes - CY Secured Taxes Rev $ 215,716 $ 1,122 $ 216,838 AT-043 OPMB 6100 JPA - Industrial Fire 80040 - Industrial Fire JPA Intergov - State - Prop 172 Rev $ 17,157 $ (1,122) $ 16,035 Total Changes for Fund 6100 $ 246,720 $ (8,847) $ 237,873 AT-038 OPMB 6710 TRRP CIP 101109 - TRRP River Overlook Construction Exp $ 530,272 $ (14,335) $ 515,937 AT-038 OPMB 6710 TRRP CIP 101109 - TRRP River Overlook Eng/Design/Admin Exp $ 375,467 $ 14,335 $ 389,802 Total Changes for Fund 6710 $ 905,739 $ - $ 905,739
A budget adjustment is necessary to cover additional design time for the project.

A budget adjustment is necessary to correct the Industrial Fire budget in Oracle to match the approved budget by the Industrial Fire Joint Protection Agent at the 12/12/2024 board meeting.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 26, 2026
Date: December 26, 2025
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: 2024-2025 Accounts Receivable Write-offs and Adjustments for Community Development
CONTACT: Edgar Garcia, Community Development Manager
[email protected], (209) 571-5101
DESCRIPTION:

Consider the Fiscal Year 2024-25 Write-off and Adjustment Reports through Fiscal Year-End June 30, 2025, in the total amount of $113,621, and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.

BACKGROUND:

The City’s Community Development Department tracks and records funds owed to the City using a third-party vendor. It is the City’s policy to actively pursue collection of past-due accounts and write-off amounts deemed to be uncollectible. The City is an entitlement grantee under the U.S. Department of Housing and Urban Development (HUD) Office of Community Planning and Development (CPD) which allocates the following program funds to the City of Modesto through a formula-based allocation for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) which supports a range of community initiatives in the form of a loan, including the below:
 CDBG
o Homeowner Rehabilitation
o Affordable Housing
o Small Business Assistance
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Finance Committee, January 26, 2026
2024-2025 Accounts Receivable Write-offs and Adjustments for Community Development

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 HOME
o Affordable Housing
o Down Payment Assistance Programs
On May 6, 2025, the City Manager approved Administrative Directive (AD) 7.33, Loan Management Policy for Community Development, which defines how the City reviews and manages its collection practices for the Community Development Loans. AD 7.33, outlines various reasons where an account may be deemed uncollectible after applicable collection procedures have been exhausted and/or the debt has been discharged through legal actions like bankruptcy or court judgement.

DISCUSSION:

The City has reviewed its full loan portfolio and assessed loan delinquency mitigation measures in accordance with AD 7.33. As part of the assessment, the loans outlined below are deemed uncollectible due to the transfer of title and the debtor cannot be located, nor any of the debtor’s assets, and the debtor is a company which is no longer in business.

Those listed as Small Business Assistance were part of the Small Business Assistance program during the COVID-19 pandemic where the City issued forty-two (42) forgivable loans. In order for the loan to be forgiven, each business was required to stay open for a one-year period and maintain or hire one low-income worker. Two businesses (St. Stanislaus Brewery, and North China Town) were unable to fulfill the requirements due to their closure prior to the one-year period. Accordingly, city staff has determined these to be uncollectible.

The City’s Annual Comprehensive Financial Report (ACFR) requires that the City follow Governmental Accounting Standards (GASB) which requires that the City report any write-offs.

During the 2025 year, the City identified several doubtful accounts that included a total of eleven (11) loans that were eligible to be written-off. However, upon further review, City staff has identified only six (6) loans that are eligible to be written-off, because the other five (5) remain owner-occupied with City issued liens on the property, or are City-owned property. City staff will make a correction to account for this difference and will be reported as part of the ACFR for fiscal year ending June 30, 2026. Therefore, City staff is recommending that only six (6) loans be written-off as shown below:

Write offs – Approved in accordance with Administrative Directive 7.33 Loan Category Loan ID Principal Policy Criteria
Housing Rehab
Loans- DPL
30683 $10,993 Transfer of Title
Housing Rehab
Loans- ERLF
31158 $4,044 Recorded loan loss
Down Payment
Assistance
30838 $21,584 Transfer of Title
Small Business
Assistance
14313 $10,000 Business Closure
Small Business
Assistance
14375 $10,000 Business Closure
TOTAL $56,621
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Finance Committee, January 26, 2026
2024-2025 Accounts Receivable Write-offs and Adjustments for Community Development

Page 3 of 4 ends

Write offs – Require approval from City Council based (> $25,000) Loan Category Loan ID Principal Policy Criteria
Down Payment
Assistance
31117 $57,000 Transfer of Title
If an account has a balance in excess of $25,000, the responsible department staff along with the City Manager will be required to take the request for write-off to the Finance Committee and City Council for approval. There is currently only one loan that exceeds twenty-five thousand dollars ($25,000).

For fees or charges twenty-five thousand dollars ($25,000) or less, the City’s Write-off of Uncollectible Accounts Receivable policy, and Loan Management Policy for Community Development outline the following approval authorities:
 If an account has a balance of $5,000 or less, a request for write-off, in the form of a memo, will be prepared by the CED Department and signed by the Department Director approving the requested write-off balance. The memo and supporting documents will be provided to Accounts Receivable staff and submitted to the Director of Finance for review and approval.
 If an account has a balance excess of $5,000 and up to $25,000, a request for write-off, in the form of a memo, will be prepared by the CED Department and signed by the Department Director approving the requested write-off balance. The memo and supporting documents will be provided to Accounts Receivable staff, reviewed by the Director of Finance and submitted to the City Manager for final review and approval.

FISCAL IMPACT:

The amount to be written off is in the amount of $113,621 and will not impact recognized revenue for Fiscal Year 2024-25. This is due to an annual adjustment that is recorded on the City’s financial statements to record any revenue from uncollectible accounts.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the approval of Fiscal Year 2024-25 Write-off and Adjustments Report through Fiscal Year-End June 30, 2025, in the total amount of $113,621 and forwarding to Council for approval.
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Finance Committee, January 26, 2026
2024-2025 Accounts Receivable Write-offs and Adjustments for Community Development

Page 4 of 4 ends

Approved by:

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

1. Loan Details (Write Offs)

2. Administrative Directive 7.33
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City Loan # Loan ID Prin Balance Booking Date Maturuty Date Last Payment/Contact
Date
DPL-661 30683 $10,992.67 12/21/2004 6/1/2020 8/1/2013
ERLF-327 31158 1500 Held Dr #99 $4,043.75 4/24/2007 4/24/2027 3/11/2011 FCDPL-310 30838 $21,583.88 12/3/2002 12/1/2032 7/1/2011 2804 Keller Street $57,000.00 12/10/2007 12/1/2037 12/1/2012 N/A 14313 $10,000.00 10/14/2020 10/14/2021 10/14/2021
N/A 14375 $10,000.00 5/28/2020 5/28/2021 5/28/2021
$ 113,620.30
2101 Standiford Ave #F
Prop Address
Housing Rehab Loans DPL
1028 11th Street
Down Payment Assistance Loans
416 Maple Street
Housing Rehab Loans ERLF
Small Business Assistance
2720 Barcelona Drive
#2..
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...... • ... :, � .. V
CITYOF

MODESTO

CALIFORNIA

CITY OF MODESTO

ADMINISTRATIVE

DIRECTIVE
Original Effective Date: Not Set
Latest Revision Date: 05/06/2025
Policy Number: 7.33
Approved By: Joseph Lopez
Cit Mana er
Subject: LOAN MANAGEMENT POLICY FOR COMMUNITY DEVELOPMENT POLICY:

It is the policy of the City of Modesto (City) to actively pursue collection of past-due Community Development Loan Accounts, regularly review the status of fee collection, interest or fee adjustments, and past-due accounts to determine write-off amounts that are uncollectible. Generally Accepted Accounting Principles (GAAP) dictates the write-off of receivable for financial reporting purposes. A write-off of uncollectible accounts receivable from the City's accounting records does not constitute forgiveness of the debt or gift of public funds.

PURPOSE:

The purpose of this policy is to ensure that all reasonable diligence has been used to collect accounts receivable, improve measurement of the City's loan management and ensure the most efficient use of Community Development revenue collection resources.

SCOPE:

This policy applies to all Community Development Loan funds to include State and Federally funded loan programs administered for the Homeowner Rehabilitation Program, and Affordable Housing programs. To note, Infrastructure Finance Program loans are not subject to this policy.

PROCEDURE:

Community Development loan accounts should generally be written-off by four years from when an account is determined to be uncollectible. This is based on the State of California Time-Barred Debt statute limit of four years for filing a lawsuit to collect on debt based on a written agreement.

Subsequent collection of an account previously written-off will be treated as new revenue in the appropriate fund.

I. Community Development Loan Management Collections and Modifications Community Development staff verifies and monitors loan accounts monthly for timely payments, maturity, and forgiveness. This includes review and tracking for all documentation of collections activities. Collections will vary depending on the nature of the receivable and the terms within the loan or regulatory agreement. It is the Community Development policy to work with the borrower to ensure that all appropriate measures were considered to bring delinquencies current. The Community Development Division utilizes its a Third-Party Software to capture its Loan Database to document and track any adjustments to ensure the appropriate approval authority is in place.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 26, 2026
Date: January 7, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: On-Call Construction Inspection Services for Various Capital Improvement Projects
CONTACT: Peter Kambel, Sr. Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider an Amendment to the existing On-Call Agreements for Construction Inspection Services, to extend the term of the Agreements through June 30, 2027, increase the existing total amount of $149,000 to a not to exceed $300,000 for each of the three (3) consultants and forwarding to Council for approval. (Funding Source: Various Capital Improvement Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Construction Administration Division for the City of Modesto in the Engineering Services Department is responsible for construction management and inspection services for most of the capital projects within the City in addition to the inspection of all encroachment permits issued by the City. From time to time, project workload and permit workload require more resources than the City has available internally. For those reasons, the City utilizes the On-Call Inspection Services list to hire one (1) of the pre-qualified firms.

On June 11, 2024, by Resolution 2024-201, Council approved the On-Call Agreement for Construction Inspection with Dillon and Murphy Engineering, TRC Engineering, and West Yost & Associates for an amount of $74,500 per consultant, per year. That agreement is for one (1) year with an additional two (2) one-year extensions, ending June 11, 2027. #3..
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Finance Committee, January 26, 2026
On-Call Construction Inspection Services for Various Capital Improvement Projects

Page 2 of 3 ends

DISCUSSION:

The Construction Administration Division in the Engineering Services Department is facing a Construction Inspector staff shortage in the 2025-2026 fiscal year with multiple retirements and a long-term absence, due to injury. In addition, the City is currently experiencing a higher-thannormal volume of Capital Improvement Program (CIP) construction projects. This volume and the lack of available staff have resulted in an increased utilization of the On-Call Inspection Services list to meet the demands of inspection requirements. As a result, the available funds for these services are expected to be depleted in the next three (3) months.

An added consideration is that the entire year’s budget for West Yost & Associates was depleted on a single project due to the size and complexity of the project’s constructability review. It was determined that the review would have occupied City inspection staff for an unacceptable length of time and that a consultant was the only viable option. In addition, current forecast for CIP projects is expected to remain elevated in the coming year.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
Each of the three (3) agreements would typically be considered for extension in June of 2026 for an additional year to the end of June 2027. However, due to the circumstances, staff recommend an early extension of each of the agreements and the allocation of additional funding to ensure coverage for inspection services through June 2027. The current allocation is $149,000 for each consultant through June 2026. The extension until June 2027 would allocate an additional $74,500 for a total not to exceed $223,500. Based on the projected workload and time to recruit the vacant positions, additional funds are required to ensure project inspection coverage.

Staff recommends an amendment to the existing On-Call Agreements to extend the term of the agreements through June 30, 2027, and increase the total not to exceed amount for each consultant to $300,000 for each of the three (3) consultants.

FISCAL IMPACT:

The funding source for the on-call services will be through various Capital Improvement Program project budgets.

As of November 18, 2025, the utilization of each of the consultant agreements is as follows:

Consultant Not To Exceed Current Expenditures Balance Remaining TRC Engineers, Inc $149,000 $143,051 $6,949
Dillon & Murphy Engineering $149,000 $52,453 $96,547
West Yost & Associates $149,000 $74,500 $74,500
Total $270,004 $177,996
#3..
- 24 -
Finance Committee, January 26, 2026
On-Call Construction Inspection Services for Various Capital Improvement Projects

Page 3 of 3 ends

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Amendment to the existing On-Call Agreements for Construction Inspection Services to extend the term of the Agreements through June 30, 2027 and increase the existing total amount of $149,000 to a not to exceed amount of $300,000 for each of the three (3) consultants and forwarding to Council for approval.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Dillon & Murphy, Executed Agreement & First Extension Letter

2. Amendment to On-Call Agreement with Dillon and Murphy

3. West Yost & Associates, Executed Agreement & First Extension Letter

4. Amendment to On-Call Agreement with West Yost & Associates

5. TRC Engineering, Inc., Executed Agreement & First Extension Letter

6. Amendment to On-Call Agreement with TRC Engineering, Inc #3..
- 25 -

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Engineering Services Department
Construction Administration
Po Box 642
Modesto, California 95353
209-577-5452
June 30, 2025
Cecil Dillon
Dillon & Murphy Engineering
P.O. Box 2180
Lodi, CA 95241-2061
Re: Agreement for On-Call Construction Inspection Services Between the City of Modesto and Dillon & Murphy Engineering dated June 11, 2024 - First of Two One Year Extensions Mr. Dillon,
This letter is written notification that the undersigned parties have mutually agreed, pursuant to the provisions of Paragraph 2. TERM OF AGREEMENT and Paragraph 9. AMENDMENTS, to exercise a first, one (1) year extension option of the said Agreement according to its terms and conditions. In accordance with Paragraph 3. COMPENSATION, Consultant agrees to accept a sum not to exceed $74,500 per year as full remuneration for performing all services and furnishing all staffing materials called for in Exhibit "A" and at the rates set forth in Exhibit "B" attached hereto and made a part hereof, and for performance by Consultant of all of its duties and obligations under said Agreement.

The City hereby grants a one (1) year extension option terminating June 11, 2026, with the same terms and conditions of the Original Agreement. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect.
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 87D4CB44-2218-41D7-9BA5-5AAC6AB396A4 Dillon and Murphy
Engineering
68-0271442
Cecil Dillon Partner
6/30/2025
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1 FIRST AMENDMENT TO AGREEMENT

FOR ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS

CAPITAL IMPROVEMENT PROJECTS WITH DILLON AND MURPHY
ENGINEERING.

This First Amendment to Agreement for On-Call Construction Services (“Amendment”) is made to the Agreement entered into on _____________, 2026 by and between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and DILLON AND MURPHY ENGINEERING, Inc., a California Corporation (hereinafter “Consultant”). City and Consultant may be referred to herein as the Parties.

RECITALS
This Amendment is made with regard to the following recitals:

1. City and Consultant entered into an Agreement for On-Call Construction Services on the June 11, 2024 (the “Agreement”)

2. Due to increased workload, the Parties desires to increase the maximum compensation to be provided to Consultant.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Agreement and this First Amendment, the parties agree as follows:

1. Term of Agreement. The Parties agree to execute the second one (1) year extension authorized by Section 2 of the Agreement. The term of the Agreement shall now expire on June 11, 2027.

2. Compensation. The Parties desire to increase the maximum compensation to three hundred thousand dollars ($300,000). The first paragraph of Section 2, Term of Agreement, of the Agreement is hereby amended to read as follows:
#3..
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2 “Consultant agrees to accept a sum not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.”

3. Effect of Amendment. Except as explicitly provided for herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2026-_____ on the ________ day of ___________, 2026, and DILLON AND MURPHY ENGINEERING. has caused this First Amendment to be duly executed as of the Effective Date.
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Engineering Services Department
Construction Administration
Po Box 642
Modesto, California 95353
209-577-5452
June 24, 2025
Charles Duncan
West Yost & Associates
P. O. Box 2158
Davis, CA 95617-2061
Re: Agreement for On-Call Construction Inspection Services Between the City of Modesto and West Yost & Associates dated June 11, 2024 - First of Two One Year Extensions Mr. Duncan,
This letter is written notification that the undersigned parties have mutually agreed, pursuant to the provisions of Paragraph 2. TERM OF AGREEMENT and Paragraph 9. AMENDMENTS, to exercise a first, one (1) year extension option of the said Agreement according to its terms and conditions. In accordance with Paragraph 3. COMPENSATION, Consultant agrees to accept a sum not to exceed $74,500 per year as full remuneration for performing all services and furnishing all staffing materials called for in Exhibit "A" and at the rates set forth in Exhibit "B" attached hereto and made a part hereof, and for performance by Consultant of all of its duties and obligations under said Agreement.

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

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 86B7C15D-E06B-4B6C-AD2E-CD5FF3DB9EC1 West Yost & Associates
68-0370826
Charles Duncan President & CEO
Lindsay Smith Treasurer
7/3/2025
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Certificate Of Completion
Envelope Id: 86B7C15D-E06B-4B6C-AD2E-CD5FF3DB9EC1 Status: Completed Subject: Please DocuSign: West Yost & Associates-1st Extension On-Call Agreement for Construction Insp Servic Source Envelope:

Document Pages: 39 Signatures: 6 Envelope Originator:

Certificate Pages: 6 Initials: 1 Vianey Pelayo-Sanchez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Stamps: 1 1010 10th St
Modesto, CA 95354
[email protected]
IP Address: 204.17.232.254
Record Tracking
Status: Original
6/24/2025 9:31:33 AM
Holder: Vianey Pelayo-Sanchez
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Modesto Location: Docusign Signer Events Signature Timestamp
DeAnna Christensen
[email protected]
Director
City of Modesto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 204.17.232.254
Sent: 6/24/2025 9:57:16 AM
Viewed: 6/24/2025 10:42:05 AM
Signed: 6/24/2025 10:42:38 AM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
Charles Duncan
[email protected]
President and CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 50.228.242.114
Sent: 6/24/2025 10:42:41 AM
Resent: 6/25/2025 10:32:26 AM
Viewed: 6/25/2025 10:47:39 AM
Signed: 6/25/2025 10:52:52 AM
Electronic Record and Signature Disclosure:

Accepted: 6/24/2025 10:50:06 AM
ID: ec30cc89-a3fc-4ee3-b1e9-d08d8fc1c016
Lindsay Smith
[email protected]
Treasurer
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 47.208.88.72
Sent: 6/25/2025 10:52:55 AM
Viewed: 6/25/2025 11:28:26 AM
Signed: 6/26/2025 10:20:42 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2025 10:20:22 AM
ID: fc57da36-93d1-4b2b-b8fa-abc7039f9d09
Jose Sanchez
[email protected]
City Attorney
City of Modesto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.115.29.37
Signed using mobile
Sent: 6/26/2025 10:20:45 AM
Viewed: 6/26/2025 10:24:49 AM
Signed: 6/26/2025 10:25:06 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2025 10:24:49 AM
ID: 7a133cf2-81a6-44df-a498-306ca7067185
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Signer Events Signature Timestamp
Matthew Braley
[email protected]
Risk Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 204.17.232.254
Sent: 6/26/2025 10:25:09 AM
Viewed: 6/30/2025 8:41:39 AM
Signed: 6/30/2025 8:41:46 AM
Electronic Record and Signature Disclosure:

Accepted: 6/30/2025 8:41:39 AM
ID: 61a6d09a-6a57-4f53-ac23-c6e81d8a8493
Joseph P. Lopez
[email protected]
City Manager
Joseph P. Lopez
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 2600:387:f:6118::5
Signed using mobile
Sent: 6/26/2025 10:25:10 AM
Viewed: 6/26/2025 11:22:06 AM
Signed: 6/26/2025 11:22:17 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2025 11:22:06 AM
ID: a79e5e30-8d71-463e-b904-2faec2a5c198
Diane Nayares-Perez
[email protected]
City Clerk
City of Modesto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 204.17.232.254
Sent: 6/30/2025 8:41:49 AM
Resent: 7/1/2025 7:40:44 AM
Resent: 7/3/2025 9:47:06 AM
Resent: 7/3/2025 2:23:53 PM
Viewed: 7/3/2025 5:06:15 PM
Signed: 7/3/2025 5:06:24 PM
Electronic Record and Signature Disclosure:

Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Purchasing Distribution Group
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/30/2025 8:41:49 AM
Viewed: 7/2/2025 2:24:55 PM
Electronic Record and Signature Disclosure:

Accepted: 5/11/2021 8:47:19 AM
ID: f6acd9f4-6757-467d-b904-688ae9aa495f
Andrea Cook
[email protected]
City of Modesto
Security Level: Email, Account Authentication
(None)
Sent: 7/3/2025 5:06:27 PM
Viewed: 7/7/2025 10:06:26 AM
Electronic Record and Signature Disclosure:
#3..
- 77 -
Carbon Copy Events Status Timestamp
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/24/2025 9:57:16 AM
Envelope Updated Security Checked 6/25/2025 10:32:25 AM Envelope Updated Security Checked 6/25/2025 10:32:25 AM Envelope Updated Security Checked 6/25/2025 10:32:25 AM Envelope Updated Security Checked 6/25/2025 10:32:25 AM Envelope Updated Security Checked 7/3/2025 2:23:53 PM
Envelope Updated Security Checked 7/3/2025 2:23:53 PM
Envelope Updated Security Checked 7/3/2025 2:23:53 PM
Certified Delivered Security Checked 7/3/2025 5:06:15 PM Signing Complete Security Checked 7/3/2025 5:06:24 PM
Completed Security Checked 7/3/2025 5:06:27 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
#3..
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Modesto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 11/8/2019 2:29:56 PM Parties agreed to: Charles Duncan, Lindsay Smith, Jose Sanchez, Matthew Braley, Joseph P. Lopez, Purchasing Distribution Group #3.. - 79 -
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Modesto:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Modesto of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Modesto
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Modesto
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Modesto as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Modesto during the course of your relationship with City of Modesto.
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1 FIRST AMENDMENT TO AGREEMENT

FOR ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WITH WEST YOST ASSOCIATES.

This First Amendment to Agreement for On-Call Construction Services (“Amendment”) is made to the Agreement entered into on _____________, 2026 by and between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and WEST YOST ASSOCIATES, Inc., a California Corporation (hereinafter “Consultant”). City and Consultant may be referred to herein as the Parties.

RECITALS
This Amendment is made with regard to the following recitals:

1. City and Consultant entered into an Agreement for On-Call Construction Services on the June 11, 2024 (the “Agreement”)

2. Due to increased workload, the Parties desires to increase the maximum compensation to be provided to Consultant.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Agreement and this First Amendment, the parties agree as follows:

1. Term of Agreement. The Parties agree to execute the second one (1) year extension authorized by Section 2 of the Agreement. The term of the Agreement shall now expire on June 11, 2027.

2. Compensation. The Parties desire to increase the maximum compensation to three hundred thousand dollars ($300,000). The first paragraph of Section 2, Term of Agreement, of the Agreement is hereby amended to read as follows:
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2 “Consultant agrees to accept a sum not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.”

3. Effect of Amendment. Except as explicitly provided for herein, all other terms and conditions of the Agreement shall remain in full force and effect.

ON-CALL AGREEMENT FOR

ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 11th day of June , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TRC ENGINEERS, Inc., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Construction Inspection Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing, and able to provide the requested On-Call Construction Inspection Services.

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

1. SCOPE OF SERVICES.

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

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

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

2. TERM OF AGREEMENT.

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

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

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order. Notwithstanding the foregoing, in no event will Consultant be responsible for damages or considered in default due to delays beyond Consultant’s reasonable control.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($74,500) per year, and a sum not to exceed TWO HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($223,500) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.

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

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

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

4. OBLIGATIONS OF CONSULTANT.

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

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted and professional practices to make findings, render opinions, Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. However, in the event City reuses or modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials.

No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

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

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All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant’s pre-existing intellectual property secured, developed, written, or produced by Consultant prior to execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such prec-existing intellectual property. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

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

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

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

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

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

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

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

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

FOR CONSULTANT: Name: TRC Engineers, Inc.

Address: 183 D’Arcy
Lathrop, CA., 95330
Attention: Dustin Rath, Lincoln Leaman
Phone: (707) 291-2681, (916) 995-6572
Email: [email protected], [email protected]
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FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA., 95354
Attention: Pete Kambel
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.

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(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, and employees shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, and employees for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, and employees.

Any insurance or self-insurance maintained by the Entity, its officers, officials, and employees shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
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Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) business days of Consultants notice of such breach or non-conformance. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors, as reasonably applicable except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, and upon full compensation therefor, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process and that Consultant has been fully compensated for;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
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by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

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

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

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

The Consultant shall hold the City, its agents , officers, and employees 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 or caused by any negligent or willful act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. To the fullest extent permitted under applicable law, neither party shall be liable to the other party for special, indirect, consequential, punitive or exemplary damages.

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

18. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

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

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

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0 #3..
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arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

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21. WAIVER.

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

22. AUDIT.

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

Notwithstanding the foregoing, City’s right to audit shall not extend to Consultant’s overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages or any trade secrets.

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-201, adopted by the Council of the City of Modesto on the 11th day of June, 2024 and TRC ENGINEERS, has caused this agreement to be duly executed in duplicate as of the Effective Date.

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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: F31407E8-4B33-4A4B-B9A8-A205597A80C0

TRC ENGINEERS, INC
33-0648915
Dustin Rath Vice President
Lincoln Leaman Vice President
8/7/2024
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On-Call List for Construction Management and Inspection Services 183 D’Arcy Pkwy T 916.826.4429
Lathrop, CA 95330 TRCcompanies.com
EXHIBIT "A"
April 12, 2024
Peter Kambel, Senior Civil Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
Subject: Scope of Services |RFQ 2024-24, On-Call List of Consultants for Construction Management and Inspection Services Dear Mr. Kambel,
Thank you for considering TRC to continue to provide construction management and inspection servicesto the City of Modesto.

TRC is currently providing services under the existing pre-qualified list of consultants, and we will continue to provide the City of Modesto (City) with best-in-class construction management services and people, as we have consistently done and are doing.

We understand your Construction Administration Division (Division) will be constructing various capital improvements, including public buildings, parks, trails, streets, utility pipelines, storm drains, sanitary sewer lift stations, water well pump stations, water tanks, drainage basins, and wastewater treatment facilities. In addition to the capital improvement projects, we understand the City may also need oversight support for encroachment permits for new construction, rehabilitation, and maintenance of other non-City utilities (such as MID power and irrigation, PG&E gas, AT&T, Comcast Communications, etc.) as well as other types of encroachment into the City’s right-of-way. Our team is committed to achieving the Division’s goals of safeguarding the public’s health and safety while staying compliant with environmental requirements during construction for these projects.

We understand that the successful completion of this projects will require experienced inspection and project management staff knowledgeable about this type of work and that is what TRC provides. In addition to providing expert staff, through our value-added approach to our work, we will identify any opportunities to expedite project delivery and reduce the overall cost of the project.

Scope of Services
We acknowledge the anticipate Scope of Work provided as part of the subject RFP and commit to deliver those services as defined below. We understand the City may need the full scope of services from a full-time Construction Manager and/or Construction Inspector on a project by project basis. Other projects may only require a part-time Construction Manager and/or Construction Inspector. In other cases, only a full- or part-time Construction Inspector may be required. At times, projects and permits, in whole or part, may require night work and/or weekend work.

Task 1: Pre-Services
-1.1. Review Contract Documents
-1.2. Project Review Meetings and Correspondence
Task 2: Construction Phase Services
-2.1. Pre-Construction Conference
-2.2. Permits, Other Agency Coordination and Public Relations -2.3. Photograph and Vidio Records
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On-Call List for Construction Management and Inspection Services -2.4. Document control, Reporting and Mangement
-2.5. Project Progress Meetings and Correspondence
-2.6. Construction Inspection Services
-2.7. Labor Complaince Monitoring
-2.8. Special Inspection and Material Testing Services
-2.9. Construction Progress Payments
-2.10. On-site Construction Management
-2.11. Construction Progress Schedule Review and analysis -2.12. Contract Change Order Review and Analysis
-2.13. Potential Claims Review and Analysis
-2.14. Other duties as requested and related to construction management and inspection services Task 3: Post Construction Services
-3.1. Closeout Documents and Services
-3.2. Punchlist Coordination
-3.3. Claim Mitigation
-3.4. Record Drawings
-3.5. Warranty
Project Manager/Supervising Construction Inspector Justin Wehling will lead our team. Justin has extensive experience performing Inspection and managing high-profile projects in the City right-of-way. Justin will provide oversight of the projects to ensure focus is on the most important technical and political elements of the project.

Knowing our past success working within the city of Modesto, TRC believes our team will be a seamless addition to the City's existing resources. We will assist in taking any of your projects from design to completion concentrating on the following efforts to minimize cost and schedule impacts.

Should you have any questions regarding our proposal, please feel free to contact Justin Wehling directly at (916) 826-4429, or by email at [email protected].

Respectfully submitted,
TRC Engineers, Inc
Justin Wehling
Project Manager
Dustin Rath, PE, GE, CCM
Contract Manager
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Exhibit B

HOURLY RATES
Rates provided below note a general range for convenience of the City and project specific rates will be provided for individual projects.

CLASSIFICATION BILL RATE DYST
PIC/Contract Manager $260 − $390
Project Manager $190 − $240
Construction Manager/ Resident Engineer $200 − $245
Landscape Architect $200 − $235
Office Engineer $150 − $245
Construction Inspector* $195 − $225
Electrical Inspector* $195 − $225
Administrative Assistant $90 − $135
Labor Notes and Assumptions:
■ If only straight-time rates are shown, overtime will be billed at a pro-rata adjusted rate. ■ 3% Annual escalation, effective every July 1st beginning 7/1/24. ■ Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2023-1 • Pre-determined Increase(s): $3.00/hr. effective 7/1/24. TRC will adjust pay rates accordingly. * Denotes employees/classifications that are subject to prevailing wage.

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Engineering Services Department
Construction Administration
Po Box 642
Modesto, California 95353
209-577-5452
June 24, 2025
Dustin Rath
TRC Engineering, Inc
Lathrop, CA 95330
Re: Agreement for On-Call Construction Inspection Services Between the City of Modesto and TRC Engineering, Inc dated June 11, 2024 - First of Two One Year Extensions Mr. Rath,
This letter is written notification that the undersigned parties have mutually agreed, pursuant to the provisions of Paragraph 2. TERM OF AGREEMENT and Paragraph 9. AMENDMENTS, to exercise a first, one (1) year extension option of the said Agreement according to its terms and conditions. In accordance with Paragraph 3. COMPENSATION, Consultant agrees to accept a sum not to exceed $74,500 per year as full remuneration for performing all services and furnishing all staffing materials called for in Exhibit "A" and at the rates set forth in Exhibit "B" attached hereto and made a part hereof, and for performance by Consultant of all of its duties and obligations under said Agreement.

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 31FAE38C-DC23-4606-A7C8-E86E8CFF9332 TRC Engineers, Inc
Vice President
33-0648915
Dustin Rath
6/27/2025
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1 FIRST AMENDMENT TO AGREEMENT

FOR ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WITH TRC ENGINEERS, INC.

This First Amendment to Agreement for On-Call Construction Services (“Amendment”) is made to the Agreement entered into on _____________, 2026 by and between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and TRC ENGINEERS, Inc., a California Corporation (hereinafter “Consultant”). City and Consultant may be referred to herein as the Parties.

RECITALS
This Amendment is made with regard to the following recitals:

1. City and Consultant entered into an Agreement for On-Call Construction Services on the June 11, 2024 (the “Agreement”)

2. Due to increased workload, the Parties desires to increase the maximum compensation to be provided to Consultant.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Agreement and this First Amendment, the parties agree as follows:

1. Term of Agreement. The Parties agree to execute the second one (1) year extension authorized by Section 2 of the Agreement. The term of the Agreement shall now expire on June 11, 2027.

2. Compensation. The Parties desire to increase the maximum compensation to three hundred thousand dollars ($300,000). The first paragraph of Section 2, Term of Agreement, of the Agreement is hereby amended to read as follows:
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2 “Consultant agrees to accept a sum not to exceed THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($300,000) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.”

3. Effect of Amendment. Except as explicitly provided for herein, all other terms and conditions of the Agreement shall remain in full force and effect.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 26, 2026
Date: December 9, 2025
.

TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Shredding Services Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider an Agreement for the furnishing of City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for a total amount not to exceed $165,000 over five (5) years; and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.

BACKGROUND:

City departments of the City of Modesto possess a variety of information material that requires secure destruction. The specific information material and the schedule of destruction may be defined by rules or regulations or may be as determined by the City of Modesto Records of Retention policy. The informational material may contain sensitive, customer, employee and other confidential information which require these documents to be destroyed through a secured destruction process.

On January 14, 2021, under Resolution 2021-06, the City Council approved the Award of Bid and Agreement for furnishing of City-Wide Shredding Services to Pacific Storage Company, Modesto, CA, for a two-year agreement with three (3) one-year extension options, for an annual estimated cost of $22,000 and a total amount not to exceed $110,000 over five years.

On March 25, 2024, the City Manager approved First Amendment with Pacific Storage Company due to price rate increase through the remaining term of the Agreement. No price increases had been requested prior to this Amendment. This Amendment did not increase the amount approved by Council.
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Finance Committee, January 26, 2026
Shredding Services Agreement

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DISCUSSION:

On March 4, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for City-Wide Shredding Services. On May 16, 2025, the Purchasing Division issued Invitation for Bids (IFB)-00010 for the Shredding Services on the City’s OpenGov public bidding website under various commodity codes1. Bids were formally opened by the City Clerk on July 15, 2025. Three (3) bids choose to respond. As part of the review of the bids, City staff determined additional clarification was needed on the pricing schedule due to the variance in pricing from the prospective bidders. City staff determined to reject the bids and revised the bid specification which included revised the pricing schedule.

On September 24, 2025, the Purchasing Division reissued IFB-00010RFB for the Shredding Services on the City’s OpenGov public bidding website. 465 Prospective bidders were notified online which included four (4) local vendors and via email of the bid opportunity. 30 companies downloaded the IFB document from OpenGov.

On November 4, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) chose to respond, there was one (1) local bid received.

Based on providing the lowest responsive and responsible bid, City staff recommended to award the Shredding Services to Pacific Storage, Modesto, CA for two (2) year agreement with three (3) one-year extension options for a total estimated annual cost not to exceed $28,000, and $140,000.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for City-wide Shredding Services to Pacific Storage Company, Modesto, CA.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2025-26 and will be budgeted for future years through the term of this Agreement, to cover the cost for this service. Below is the spending history with the current agreement with Pacific Storage Company.

Agreement Period Amount
Year 1 $ 16,206
Year 2 $ 19,893
Year 3 $ 20,060
Year 4 $ 18,447
Year 5 $ 19,980
Grand Total $ 94,586
Below is the breakdown of the Proposed new Agreement and Funding Source funding the five (5) year Agreement. The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated 1 92050- Shredding Services, Computer Components, and Peripherals, 92051-Shredding Services, Computer Components, and Peripherals, 96227- Document Shredding Services
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Finance Committee, January 26, 2026
Shredding Services Agreement

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using the current CPI index at the time of the requested increase. As part of the new agreement, shredding services will be provided to address Department of Justice (DOJ) eWaste requirements for disposing of public safety drives. The Purchasing Division has verified this supplier meets all of the DOJ mandated requirements. The estimated cost will average about $5,000 annually.

Fund Name Five (5) Year Amount
Capital Improvement Services $ 1,275
Employee Benefits Administration Fund $ 1,871
Fleet Fund $ 2,228
General Fund $ 88,706
Green Waste Fund $ 515
Housing Urban Development $ 5,132
Information Technology Fund $ 25,347
Infrastructure Financing Program Administration $ 2,785 Insurance Administration Fund $ 2,352
Surface Transportation Fund $ 1,935
Wastewater Fund $ 19,804
Water Fund $ 13,050
Grand Total $ 165,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreement for City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $33,000 and a total amount not to exceed $165,000 over five (5) years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
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Shredding Services Agreement

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Attachments:

1. Agreement

2. Exhibit B – Pacific Storage Bid

3. Exhibit C – Invitation for Bid – Shredding Services

4. Exhibit D – Insurance

5. Exhibit E - Pricing

6. Cost Abstract
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1 ANNUAL AGREEMENT FOR
SHREDDING SERVICES – AGREEMENT #296254
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Pacific Storage Company, a California c corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the Shredding 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 Shredding Services as described in IFB-00010RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:

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. #4..
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2 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 of $33,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $165,000. 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 on Bid attached hereto as Exhibit "B".

F. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.

2. CITY REPRESENTATIVE:

CITY Representative is: Carol Wattle, [email protected] Purchasing Representative: Carol Wattle, [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:

Archie Strauman
(209) 320-6619
[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: MARCH 01, 2026 through FEBRUARY 28, 2027
Year 2: MARCH 01, 2027 through FEBRUARY 29, 2028
Year 3: MARCH 01, 2028 through FEBRUARY 28, 2029
Year 4: MARCH 01, 2029 through FEBRUARY 28 2030
Year 5: MARCH 01, 2030 through FEBRUARY 28, 2031
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 #4..
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3 submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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. INSURANCE REQUIREMENTS:

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 vendor is 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 by Net 30 terms via CITY's ePay Program.

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 296254
 CITY department/division name and address
 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, #4..
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4 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 laws provisions or principles.

9. ATTORNEY'S 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. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. IFB-00010RB;
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 nonperformance. 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.
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5 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:

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.

J. 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:

K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; #4..
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6 L. 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:

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.

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:

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.

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. #4..
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7 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:

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: Pacific Storage Company
Attention: Cara VanDeGrift
3439 Brookside Rd, Suite 206
Stockton, CA 95201
(209) 320-6619
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Carol Wattle
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
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. #4..
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8 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.

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. #4..
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9 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 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. #4..
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10 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.

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 ______________, 2026 and Pacific Storage Company has caused this Agreement to be duly executed. #4..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
RESPONSE DEADLINE: November 4, 2025 at 11:00 am
Report Generated: Saturday, December 20, 2025
Pacific Storage Company Response

CONTACT INFORMATION
Company:

Pacific Storage Company
Email:
[email protected]
Contact:

Cara VanDeGrift
Address:
3439 Brookside Rd
Suite 206
STOCKTON, CA 95201
Phone:
(800) 685-9034
Website:
www.pacificstorage.com
Submission Date:

Nov 3, 2025 10:53 AM (Pacific Time)
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

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ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. Acknowledgements
IFB ACKNOWLEDGEMENT*
Pass
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PREPARATION OF BIDS*
Pass
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
TAXES AND FREIGHT CHARGES*
Pass
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Shredding Services
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Bidder acknowledges that:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
AWARD*
Pass
Bidder Acknowledges that:

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, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
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Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
SAMPLES*
Pass
Bidder Acknowledges:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Pass
Bidder Acknowledges:

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 #4..
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Shredding Services
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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 come 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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PAYMENT TERMS AND METHODS*
Pass
BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:

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 through 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
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Shredding Services
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• 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. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.

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.

Option A (Preferred)
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
NO GUARANTEE OR WARRANTY*
Pass
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Shredding Services
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Bidder Acknowledges that:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed

2. Bidder Company Information
BIDDER COMPANY FULL LEGAL NAME*
Pass
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.

Pacific Storage Company
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.
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IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

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NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.

Pacific Shredding / Data Destroyers
TYPE OF LEGAL ENTITY*
Pass
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question.

Yes
TYPE OF LEGAL ENTITY - SELECT*
Pass
Please select which of the following legal entity options under which the Bidder Company operates.

Corporation
LEGAL ENTITY STATE OF REGISTRATION*
Pass
In which State is the Bidder Company registered?
California
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
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IFB No. IFB-00010RB
Shredding Services
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Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
3439 Brookside Drive Ste 206
Stockton
California
USA
95219
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. www.pacificstoragecompany.com
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
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• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Cara DeClusin-VanDeGrift
Client Services
209-320-7720
916-649-7342
820 Business Park Drive , MOdesto, Ca. 95354
916-649-7341
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 94-0745450

DUNS & BRADSTREET (DUNS) NUMBER
Pass
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. #4..
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Shredding Services
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004771705
BIDDER OFFICER NAMES AND TITLES*
Pass
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
Gregory Tudor CEO
Richard Steed Sr, Vice President
Archie Strauman Vice President
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 170
CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
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• Country
• Postal Code
820 Business Park Drive
Modesto
California
USA
95354
CITY OF MODESTO BUSINESS LICENSE*
Pass
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes
CITY OF MODESTO BUSINESS LICENSE NUMBER*
Pass
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
0042911

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
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Pass
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
BIDDER CUSTOMER REFERENCES*
Pass
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Business_Reference_List_2025.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Interest_Disclosure__IFB_(4)_Sept_2025.pdf
LOCAL VENDOR?*
Pass
Is the Bidder a local vendor as defined by the following requirement? 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.

Yes
SUPPORT OF LOCAL VENDORS*
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Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors_(6).pdf
BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement_3.5_Modesto.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statements_(3)_(2).pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...

City_of_Modesto__Qualifications_and_Experience_2025.pdf #4..
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UPLOAD NAID CERTIFICATE*
Pass
Please upload NAID Certificate here.
certification-report_2025-2026.pdf
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Modesto_Levine_Act_Statement_Form_(3).pdf

4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
Pass
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

CityOfModestoBusLic12-25.pdf
SUBMITTAL CONFIRMATION*
Pass
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

Confirmed
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PRICE TABLES

SERVICE LOCATIONS
Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
1 Modesto Police Department - Main Police Building | 600 10th Street, Modesto (bi-weekly service) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
2 Modesto Police Department - Main Police Building | 600 10th Street, Modesto (bi-weekly service) 20 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $200.00
3 Modesto Police Department - Main Police Building | 600 10th Street, Modesto (bi-weekly service) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
4 Modesto Police Department - Main Police Building | 600 10th Street, Modesto (bi-weekly service) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
5 Modesto Police Department - Police Operations | 601 11th Street Modesto (bi-weekly service) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
6 Modesto Police Department - Police Operations | 601 11th Street Modesto (bi-weekly service) 11 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $110.00
7 Modesto Police Department - Police Operations | 601 11th Street Modesto (bi-weekly service) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
8 Modesto Police Department - Police Operations | 601 11th Street Modesto (bi-weekly service) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
9 Modesto Police Department - Property & Evidence Building | 12th & F Streets, Modesto (bi-weekly service)
1 Trip Fee EA 20" x 20" x
36"
$20.00 $20.00
10 Modesto Police Department- Property & Evidence Building | 12th & F Streets, Modesto (bi-weekly service)
4 Bin Service
Charge (ea)
EA 20" x 20" x
36"
$10.00 $40.00
11 Modesto Police Department- Property & Evidence Building | 12th & F Streets, Modesto (bi-weekly service)
1 Additional
Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
#4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 17 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
12 Modesto Police Department - Property & Evidence Building | 12th & F Streets, Modesto (bi-weekly service)
1 Initial Setup EA 20" x 20" x
36"
$0.00 $0.00
13 City Clerk's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly service) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
14 City Clerk's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly service) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
15 City Clerk's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly service) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
16 City Clerk's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly service) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
17 City Manager's Office | 1010 10th Street, Modesto 6th Floor (Quarterly service) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
18 City Manager's Office | 1010 10th Street, Modesto 6th Floor (Quarterly service) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
19 City Manager's Office | 1010 10th Street, Modesto 6th Floor (Quarterly service) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
20 City Manager's Office | 1010 10th Street, Modesto 6th Floor (Quarterly service) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
21 Finance Department - Accounting Division | 1010 10th Street, Modesto 5th Floor (Quarterly service) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
22 Finance Department - Accounting Division | 1010 10th Street, Modesto 5th Floor (Quarterly service) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
23 Finance Department - Accounting Division | 1010 10th Street, Modesto 5th Floor (Quarterly service) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
24 Finance Department - Accounting Division | 1010 10th Street, Modesto 5th Floor (Quarterly service) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
#4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 18 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
25 Public Works - Fleet Division | 1609 8th Street, Modesto, CA 95354 (as needed) 1 Trip Fee EA 64 Gallon Tote
$20.00 $20.00
26 Public Works - Fleet Division | 1609 8th Street, Modesto, CA 95354 (as needed) 1 Bin Service Charge (ea)
EA 64 Gallon
Tote
$25.00 $25.00
27 Public Works - Fleet Division | 1609 8th Street, Modesto, CA 95354 (as needed) 1 Additional Bin Charge
EA 64 Gallon
Tote
$25.00 $25.00
28 Public Works - Fleet Division | 1609 8th Street, Modesto, CA 95354 (as needed) 1 Initial Setup EA 64 Gallon Tote
$0.00 $0.00
29 Information Technology | 1010 10th Street, Modesto 5th Floor (as needed) 1 Trip Fee EA 64 Gallon Tote
$20.00 $20.00
30 Information Technology | 1010 10th Street, Modesto 5th Floor (as needed) 1 Bin Service Charge (ea)
EA 64 Gallon
Tote
$25.00 $25.00
31 Information Technology | 1010 10th Street, Modesto 5th Floor (as needed) 1 Additional Bin Charge
EA 64 Gallon
Tote
$25.00 $25.00
32 Information Technology | 1010 10th Street, Modesto 5th Floor (as needed) 1 Initial Setup EA 64 Gallon Tote
$0.00 $0.00
33 Community & Economic Development | 1010 10th Street, Modesto 3rd Floor (quarterly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
34 Community & Economic Development | 1010 10th Street, Modesto 3rd Floor (quarterly services) 3 Bin Service Charge (ea)
EA 20" x 20" x
36"
$25.00 $75.00
35 Community & Economic Development | 1010 10th Street, Modesto 3rd Floor (quarterly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$25.00 $25.00
36 Community & Economic Development | 1010 10th Street, Modesto 3rd Floor (quarterly services) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
37 Human Resource Department | 1010 10th Street, Modesto 2nd Floor (bi-weekly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
#4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 19 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
38 Human Resource Department | 1010 10th Street, Modesto 2nd Floor (bi-weekly services) 3 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $30.00
39 Human Resource Department | 1010 10th Street, Modesto 2nd Floor (bi-weekly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
40 Human Resource Department | 1010 10th Street, Modesto 2nd Floor (bi-weekly services) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
41 Finance - Revenue Collection and Compliance Division | 1010 10th Street, Modesto 2nd Floor (Monthly services)
1 Trip Fee EA 20" x 20" x
36"
$20.00 $20.00
42 Finance - Revenue Collection and Compliance Division | 1010 10th Street, Modesto 2nd Floor (Monthly services)
4 Bin Service
Charge (ea)
EA 20" x 20" x
36"
$10.00 $40.00
43 Finance - Revenue Collection and Compliance Division | 1010 10th Street, Modesto 2nd Floor (Monthly services)
1 Additional
Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
44 Finance - Revenue Collection and Compliance Division | 1010 10th Street, Modesto 2nd Floor (Monthly services)
1 Initial Setup EA 20" x 20" x
36"
$0.00 $0.00
45 McHenry Museum | 1402 I Street, Modesto (Quarterly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
46 McHenry Museum | 1402 I Street, Modesto (Quarterly services) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
47 McHenry Museum | 1402 I Street, Modesto (Quarterly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
48 McHenry Museum | 1402 I Street, Modesto (Quarterly services) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
49 Utilities Department - Water Services | 4240 Litt Road, Modesto (Quarterly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
50 Utilities Department - Water Services | 4240 Litt Road, Modesto (Quarterly services) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
#4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 20 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
51 Utilities Department - Water Services | 4240 Litt Road, Modesto (Quarterly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
52 Utilities Department - Water Services | 4240 Litt Road, Modesto (Quarterly services) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
53 Utilities Department - Wastewater Services | 1221 Sutter Ave, Modesto (bi-weekly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
54 Utilities Department - Wastewater Services | 1221 Sutter Ave, Modesto (bi-weekly services) 2 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $20.00
55 Utilities Department - Wastewater Services | 1221 Sutter Ave, Modesto (bi-weekly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
56 Utilities Department - Wastewater Services | 1221 Sutter Ave, Modesto (bi-weekly services) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
57 Modesto Fire Administration | 409 12th Street, Modesto CA 95354 (as needed) 1 Trip Fee EA 64 Gallon Tote
$20.00 $20.00
58 Modesto Fire Administration | 409 12th Street, Modesto CA 95354 (as needed) 1 Bin Service Charge (ea)
EA 64 Gallon
Tote
$25.00 $25.00
59 Modesto Fire Administration | 409 12th Street, Modesto CA 95354 (as needed) 1 Additional Bin Charge
EA 64 Gallon
Tote
$25.00 $25.00
60 Modesto Fire Administration | 409 12th Street, Modesto CA 95354 (as needed) 1 Initial Setup EA 64 Gallon Tote
$0.00 $0.00
61 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
62 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
63 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
#4..
- 145 -
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 21 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
64 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Initial Setup EA 20" x 20" x 36"
$10.00 $10.00
65 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Trip Fee EA 64 Gallon Tote
$20.00 $20.00
66 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Bin Service Charge (ea)
EA 64 Gallon
Tote
$25.00 $25.00
67 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Additional Bin Charge
EA 64 Gallon
Tote
$25.00 $25.00
68 City Attorney's Office | 1010 10th Street, Modesto 6th Floor (bi-weekly services) 1 Initial Setup EA 64 Gallon Tote
$0.00 $0.00
69 Parks, Recreation & Neighborhood | 1010 10th Street, Modesto 4th Floor (as needed) 1 Trip Fee EA 20" x 20" x 36"
$20.00 $20.00
70 Parks, Recreation & Neighborhood | 1010 10th Street, Modesto 4th Floor (as needed) 1 Bin Service Charge (ea)
EA 20" x 20" x
36"
$10.00 $10.00
71 Parks, Recreation & Neighborhood | 1010 10th Street, Modesto 4th Floor (as needed) 1 Additional Bin Charge
EA 20" x 20" x
36"
$10.00 $10.00
72 Parks, Recreation & Neighborhood | 1010 10th Street, Modesto 4th Floor (as needed) 1 Initial Setup EA 20" x 20" x 36"
$0.00 $0.00
73 Parks, Recreation & Neighborhood - Park Operations | 501 N Jefferson St. CA 95354 (as needed) 1 Trip Fee EA 64 Gallon Tote
$20.00 $20.00
74 Parks, Recreation & Neighborhood - Park Operations | 501 N Jefferson St. CA 95354 (as needed) 1 Bin Service Charge (ea)
EA 64 Gallon
Tote
$25.00 $25.00
75 Parks, Recreation & Neighborhood - Park Operations | 501 N Jefferson St. CA 95354 (as needed) 1 Additional Bin Charge
EA 64 Gallon
Tote
$25.00 $25.00
76 Parks, Recreation & Neighborhood - Park Operations | 501 N Jefferson St. CA 95354 (as needed) 1 Initial Setup EA 64 Gallon Tote
$0.00 $0.00
#4..
- 146 -
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

Page 22 ends

Line Item Description Quantity Service Unit of
Measure
Bin Size Unit Cost Total
TOTAL $1,380.00

MEDIA DESTRUCTION
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 CDs 1 EA $0.25 $0.25
2 VHS Tapes 1 EA $1.00 $1.00
3 Cassette tapes 1 EA $0.25 $0.25
4 Universal Series Bus (USB) 1 EA $1.00 $1.00
5 Solid State Drives (SSD) 1 EA $10.00 $10.00
6 Hybrid Hard Drives (HHD) 1 EA $10.00 $10.00
TOTAL $22.50
#4..
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Business Reference List.

Company Name: Bank of Stockton
Address: PO Box 1110
City, State, Zip Code: Stockton, Ca. 95201
Contact Person: Johnathan Klipfel
Email Address: [email protected]
Telephone Number: 209-929-1232
Type of Business: Financial Institute
Date of Service: 01/2016
Annual Contract
Value
$ 22,920.00
Company Name: Stanislaus Superior Court
Address: 800 11th Street
City, State, Zip Code Modesto, Ca. 95354
Contact Person: Brandi Christensen
Email Address: [email protected]
Telephone Number: 209-530-3112
Type of Business: Government
Date of Service: 2015
Annual Contract
Value
$3000.00
Company Name: Downey Brand
Address: 3425 Brookside Rd Suite A,
City, State, Zip Code Stockton, Ca. 95219
Contact Person: Cindy Snook
Email Address: [email protected]
Telephone Number: 209-472-3962
Type of Business: Law Firm
Date of Service: 2000
Annual contract
Value
$6500
Company Name: Yosemite Community College
Address: 2201 Blue Gum Ave
City, State, Zip Code Modesto, Ca. 95356
Contact Person: Lori Williams
Email Address: [email protected]
Telephone Number: 209-575-6521
Type of Business: Education
Date of Service: 2017
Annual Contract
Value
$6900
#4..
- 148 -
#4..
- 149 -

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 Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that 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. #4..
- 150 -
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:
#4..
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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:
#4..
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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:
#4..
- 153 -

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:
#4..
- 154 -
Qualifications and Experience
Organizational Structure:

Pacific Shredding is a family-owned business with a 170+-year history of building strong and deep relationships with businesses throughout Sacramento, Stockton, the California Central valley and Northern Nevada including Reno. Each office is managed by an onsite Branch Manager. Our CEO has 27 years’ experience in industry and our SVP has 39 years in the Records Management and Shredding industry. Both individuals have direct involvement and oversight. Companywide we have 16 +- mobile trucks in our fleet, 3 plant operations. We have a total of 68 employees
Number of Personnel
Our Modesto location is managed by Archie Strauman with 35 years’ experience in the industry. Our assistant manager has 20+ years’ experience. We have a total of 7 drivers and 8 additional staff members and customer service personnel. We also have the ability to draw from our other offices as needs and demands arise.

Experience
We currently service over 5100 customers. A few include:

City of Modesto
Modesto Jr, College
Fresno County,
Merced County
San Joaquin Courts
Sacramento County
West America Bank
McCormick Barstow Law Firm
Fennemore Law Firm
Pacific is a NAID AAA certified compliant company. We also have obtained the Prism Privacy designation; both I-Sigma industry certifications.

Last year Pacific shredded 165,093,119 lbs of paper.

We utilize DHS to manage our operation. DHS is a leading industry proprietary software.

We utilize scanners in the field to verify each phase of the process including bin verification, time stamps and immediate COD’s at time of service
We have a GPS unit in all of our vehicles. We use Samara as our vendor which leads in the industry in this technology.
#4..
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Page 1 of 4 ends

DATA PROCESSOR COMPLIANCE REPORT
This Report applies to: Reference No.

Issued To:

Issued Date:

This report is based on the information i-SIGMA® has as of the Issued Date.

Please email [email protected] with questions or comments including the Reference No. above.

At Location:

Report Expiration:

Applicable Audit
Regime(s):
• Scheduled Biannual
• Random Unannounced
• Covert Field Surveillance
• Directed Unannounced
Certifying Body:

The International Secure Information Governance & Management Association® (i-SIGMA®) is a non-profit association created to educate and assist clients (Data Controllers) to validate and monitor the security and regulatory compliance of the data-related service providers (data processors). With origins dating back to 1980, i-SIGMA’s two certification regimes, NAID AAA Certification and PRISM Privacy+ Certification, are the most widely recognized and required data processor certifications in the world. For more information, visit www.isigmaonline.org/certifications.

Permissible Use:

Reproduction in whole or in part without the express written permission of i-SIGMA® is prohibited. It is provided by i-SIGMA® to establish the i-SIGMA® certification(s) held by the Data Processor listed above in fulfillment of the Clients’ regulatory obligations to perform reasonable Data Processor-selection due diligence. This document may not be, in whole or in part, copied or reproduced, posted online, or made available, shared, or distributed in any manner other than necessary for use within the organization to which it was issued by i-SIGMA®.

NAID AAA Certified Physical Media Destruction – Location Specific PRISM Privacy+ Certified – Location Specific Below is a detailed list of the security and regulatory compliance criteria verified by i-SIGMA® auditors through an audit regime of scheduled, random-unannounced, and directed-unannounced audits.

Compliance Officer:

Citizenship/Work
Eligibility:

Initial Individual
Screening:
i-SIGMA® CERTIFICATION PROFILE

COMPLIANCE CRITERIA VERIFIED
Product Destruction:

Audits verified there is a designated individual with appropriate management authority to be responsible for data protection and privacy regulatory compliance, as well as the organization’s compliance with i-SIGMA® certification requirements.

Audits verified Authorized Employees meet screening requirements and hiring restrictions specified below, including previous employment verification, a criminal background check, and initial employment drugscreening.

Audits verified products, including returns, overruns, contraband, uniforms/garments, prototypes, and off- spec items, are destroyed in accordance with the Data Processor’s publicly stated and contractually agreed methods of destruction which includes: a detailed account of the process used to destroy the specific product in advance of the project, and specific confidentiality agreements with all Authorized Employees agreeing that products accepted for destruction are to be considered confidential and that removal or use is punishable by dismissal and subject to legal prosecution.

Pacific Shredding (HQ)
801 - 8 September 2025
[email protected]
8 September 2025 03:52 PM EST
4601 Beloit Dr., Sacramento CA 95838-2436
30 August 2026
30 August 2026
• Facility: Micro Media Destruction
• Facility: Non-Paper Media Destruction
• Facility: Paper/Printed Media Destruction
• Facility: Physical Hard Drive Destruction
• Facility: Solid-State Device Destruction
• Mobile: Paper/Printed Media Destruction
• Facility: Paper Records Storage
Audits verified Authorized Employees and Non-Access Employees signed a Confidentiality Agreement prior to gaining access to Confidential Data-Controller Media and employees must be legally registered to work at the Pacific Shredding (HQ) location. Required files for verification include Confidentiality Agreement and Proof of Citizenship or Employment Eligibility.
i-SIGMA® Data Processor Compliance Report for Pacific Shredding (HQ). Solution. Reference No. 801 - 8 September 2025 Copyright © 2021, International Secure Information Governance and Management Association® (i-SIGMA®). All rights reserved. #4..
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Page 2 of 4 ends

Ongoing Access
Individual Screening:

Audits verified ongoing criminal record searches are conducted for all Authorized Employees.

Policies and
Procedures/Employee
Awareness Attestation:

Audits verified the Data Processor has appropriate written policies and procedures, conforming at minimum with applicable the relevant i-SIGMA® Certification and all data protection regulatory requirements, and has a written confirmation by each Access Individual stating their understanding and agreement to them.

Management Breach
Notification
Accountability:

Audits verified Data Processor’s polices used for employee training include a requirement to report a potential release of, or unauthorized access to, Data Controller’s confidential data or media in accordance with regulatory requirements.

Access Individual Breach
Notification
Policy/Training:

Audits verified that prior to access to confidential material, all Authorized Employees have signed an acknowledgement indicating that they have received, read, and understand the current written policies and procedures, as well as regulatory compliance issues.

Incident Response Plan: Audits verified the Data Processor has a written Incident Response Procedure in place used to respond to suspected or known data security incidents.

Access Individual
Training:

Audits verified Authorized Employees are trained annually to comply with the applicable certification requirements.

Access Individual
Identification on Duty:

Audits verified Authorized Employees display an officially-issued photo I.D. badge while on duty, and that it minimally includes a photo, name, and clearly identifies them as an employee/agent of the Data Processor.

Uniformed Field
Authorized Employees:

Audits verified Drivers and other Authorized Employees wear a specific uniform while on duty to improve official recognition.

Vehicle Locks: Audits verified all service vehicles used for transfer of Data-Controller Media have lockable cabs and lockable, fully enclosed boxes, and cabs and boxes are locked during transport or while unattended by Authorized Employees.

Data Subject Response
Policy:

Audits verified the Data Processor has policies and procedures to respond to requests from Data Subjects.

Responsible Care During
Custody:

Audits verified all containers, including cartons, containing media are suitable to protect media from wind or other atmospheric conditions, and that policies and procedures clearly state that such containers, materials, and media may not be left unattended or unsecure unless locked in a transportation vehicle or in the secured facility.

Personal
Photographic/Electronic
Equipment Policy:

Audits verified the Data Processor has written policy that identifies its method of preventing unauthorized use of photographic or other electronic equipment while interacting with or in the presence of Data Controller Media.

Access Control: Audits verified Data Processor has physical, logical, and/or administrative controls to prevent unauthorized access to Data Controller information in the designated secure destruction area, storage area and/or staging area.

Visitor Log Requirement: Audits verified all visitors entering the secured facility sign a log with their name, time in, affiliation, and time out, and are issued a Visitor Badge and escorted or under the supervision of an Access Individual while in the facility.

Secured Staging: Audits verified all staging and processing of Data Controller information is in a secured area, with physical barriers capable of preventing and detecting any attempt at unauthorized access.

Facility Intrusion & Fire
Detection:

Audits verified that at any time the secure building is unoccupied by authorized employees there is a thirdparty monitored alarm system utilized to detect and alert authorities in the event of unauthorized access or fire.

Closed Circuit Image
Capture:

Audits verified a closed-circuit camera system monitors all access points into the secure buildings/areas where Data Controller information is received, staged, processed and/or destroyed, with sufficient clarity to i-SIGMA® Data Processor Compliance Report for Pacific Shredding (HQ). Solution. Reference No. 801 - 8 September 2025 Copyright © 2021, International Secure Information Governance and Management Association® (i-SIGMA®). All rights reserved. #4..
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ENDORSEMENT COMPLIANCE CRITERIA VERIFIED
identify people and their activities, and recordings are retained for a specified period of time.

Operational Security Logs:

Responsible Disposal
Requirement:

Third-Party Network
Security Verification:

Paper/Printed Media
Physical Destruction:

Non-paper Media Physical
Destruction:

Hard Drive Physical
Destruction:

Solid-State Device
Physical Destruction
Audits verified logs that verify the inspection and maintenance of Operational Security Systems on a monthly basis, including the Alarm System, Lighting, Door Locks, and CCTV image capture.

Audits verified destroyed media are disposed in a responsible manner, and that there is an agreement with all current recipients of destroyed media stating the final disposition of materials effectively prevents and prohibits exposure to unauthorized persons.

Audits verified the Data Processor has documentation to validate a successful Internet Network Risk Assessment and Gap Analysis of its computer network and firewalls within the past year by a qualified third-party.

Scanning/Imaging
Media Vault
Paper Records Storage
Micro Media
Overwriting
Degaussing
Audits verified Paper/Printed Media are destroyed by commercial grade destruction equipment in accordance with the NAID AAA Certification requirements and regulatory standards for reasonableness.

Audits verified Non-Paper Media, including optical disks and compact disks, are destroyed by commercial grade destruction equipment in accordance with the NAID AAA Certification requirements and regulatory standards for reasonableness.

Audits verified Computer Hard Drives are physically destroyed in accordance with the Data Processor’s publicly stated and contractually agreed process.

Audits verified documentation of quarterly internal testing and quality assurance processes for all imaging/digitization equipment, prevention of unauthorized access to servers & workstations, and encryption of stored information to a 256-bit AES standard, backup processes, and secure transfer of data.

Audits verified systems in place which monitor and detect any issues affecting environmental conditions in the vault as well as physical, administrative, and logical security controls to prevent unauthorized access.

Audits verified the final disposition of Data-Controller media or information will be by a NAID AAA Certified service provider, holding an endorsement appropriate to the media being destroyed, and with which the service provider has a current contract and meets the requirements of all data protection regulations.

Audits verified (Microfiche or Microfilm) is destroyed using commercial grade equipment that produces particles of 1/8 inch or smaller.

Audits verified the Data Processor has demonstrated the ability to successfully overwrite devices verified by 3rd party, demonstrating its wiping software, verification software, quality control process, acceptance & recording of serial numbers/unique identifiers in accordance with the NAID AAA Certification requirements and the Data Processor’s publicly stated and contractually agreed process.

Audits Verified the Data Processor has demonstrated the ability to successfully & permanently erase data from magnetic media, verified by 3rd party and according to the OEM’s specifications for the degaussing equipment used, and in accordance with the NAID AAA Certification requirements. <END REPORT>
To request Compliance Reports on other locations or other Data Processors, visit www.isigmaonline.org/certifications. Please send all questions and comments to [email protected].
i-SIGMA® certifications currently verify Data Processor compliance of secure media destruction firms, secure shredding services, computer recyclers, IT asset disposal services, records storage firms, and media vaults operators. Data Controllers (clients) are encouraged to request Compliance Report.

The following criteria is related to specific endorsements listed above in the i-SIGMA Certification profile.

Audits verified Solid State Memory Devices, including mobile phones and handheld computers, are physically destroyed in accordance with the Pacific Shredding (HQ) publicly stated and contractually agreed process, possesses the equipment required to perform solid state device destruction. i-SIGMA® Data Processor Compliance Report for Pacific Shredding (HQ). Solution. Reference No. 801 - 8 September 2025 Copyright © 2021, International Secure Information Governance and Management Association® (i-SIGMA®). All rights reserved. #4..
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Copyright © 2021, International Secure Information Governance and Management Association® (i-SIGMA®). All rights reserved. #4..
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
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THIS LICENSE SHALL NOT ENTITLE LICENSEE TO OPERATE THIS BUSINESS

WITHOUT COMPLYING WITH ALL REQUIREMENTS OF THE MODESTO MUNICIPAL CODE AND ALL STATE, FEDERAL, LOCAL AND ANY OTHER APPLICABLE LAWS.

IT HAS BEEN ISSUED WITHOUT VERIFICATION THAT THE LICENSEE IS SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNIA.

City of Modesto
P.O Box 3442
Modesto, CA 95353
Business License Certificate

DIRECTOR OF FINANCE
DeAnna Christensen

THIS LICENSE IS EVIDENCE THAT THE FEES REQUIRED UNDER TITLE VI OF

THE MUNICIPAL CODE HAVE BEEN PAID TO THE CITY OF MODESTO FOR THE

CONDUCT AND OPERATION OF THE BUSINESS AT THE PREMISES, AND BY THE PERSON OR FIRM INDICATED BELOW.
* MUST BE DISPLAYED IN PUBLIC VIEW

INFORMATIONAL

NON-TRANSFERABLE - VOID IF ALTERED
Account Number 0042911 Expiration Date 12/31/2025

PACIFIC STORAGE CO
PO BOX 334
STOCKTON, CA 95201-0334
Business Type
Business Location
Owner(s)
* NOT AN ENDORSEMENT BY THE CITY

WAREHOUSE

PACIFIC STORAGE CO
* VOID IF TAX PAYMENTS NOT KEPT CURRENT
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ #4..
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00010RB
FOR

SHREDDING SERVICES
BIDS DUE: November 4, 2025 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Assistant Buyer E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
2 Table Of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

VIRTUAL BID OPENING

GENERAL BID REQUIREMENTS

PRICING SCHEDULE

BID SUBMITTAL

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE
EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive electronic sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Shredding Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Finance Department, Purchasing 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 OpenGov Procurement portal at https://procurement.opengov.com/portal/modestogov; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, November 4, 2025, after 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 in the manner stated above, and prior to the time indicated. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered.

Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: September 24, 2025
Questions Due via City's OpenGov
Procurement portal:

September 30, 2025, 5:00pm
Addendum Issued (if required): October 7, 2025
Bid Due Date & Time: November 4, 2025, 11:00am
Approximate Contract Award: January 2026

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov Procurement portal prior to 5:00 pm on Tuesday, September 30, 2025. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. 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.

SUBMITTAL OF NO BID
If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular IFB.
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
5 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, November 4, 2025. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Armando Fabro. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
6 GENERAL BID REQUIREMENTS

BID SUBMITTAL
Bidders shall submit electronically through the City's OpenGov Procurement portal. No hard copy bids or bids submitted in any other manner as that prescribed within this IFB will be accepted.

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.

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

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.

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.

COMPLETE BID DOCUMENT
The following City of Modesto forms provided with this IFB constitute the makeup of a complete Bid document and shall be signed wherever indicated and be submitted to the City as required by this IFB.

Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
7 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• California Levine Act Disclosure

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.

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.

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. • 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.
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
8 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.

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 third-party suits, arising out of or relation to the operation of Cityowned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

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.
• 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. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
9 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 in 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.
• 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;
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
10 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
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 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
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
11 Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
c. 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.

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
d. 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.
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
12 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.
e. 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. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
13 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, 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 the Bidder Exceptions, Clarifications, Amendments Form.

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.**

SHREDDING SERVICES
14 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
8 Modesto Police Department - Police
Operations | 601 11th Street Modesto
(bi-weekly service)
1 Initial
Setup
EA 20" x
20" x
36"
9 Modesto Police Department - Property
& Evidence Building | 12th & F Streets,
Modesto (bi-weekly service)
1 Trip Fee EA 20" x
20" x
36"
10 Modesto Police Department- Property
& Evidence Building | 12th & F Streets,
Modesto (bi-weekly service)
4 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
11 Modesto Police Department- Property
& Evidence Building | 12th & F Streets,
Modesto (bi-weekly service)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
12 Modesto Police Department - Property
& Evidence Building | 12th & F Streets,
Modesto (bi-weekly service)
1 Initial
Setup
EA 20" x
20" x
36"
13 City Clerk's Office | 1010 10th Street,
Modesto 6th Floor (bi-weekly service)
1 Trip Fee EA 20" x
20" x
36"
14 City Clerk's Office | 1010 10th Street,
Modesto 6th Floor (bi-weekly service)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
15 City Clerk's Office | 1010 10th Street,
Modesto 6th Floor (bi-weekly service)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
16 City Clerk's Office | 1010 10th Street,
Modesto 6th Floor (bi-weekly service)
1 Initial
Setup
EA 20" x
20" x
36"
17 City Manager's Office | 1010 10th
Street, Modesto 6th Floor (Quarterly
service)
1 Trip Fee EA 20" x
20" x
36"
18 City Manager's Office | 1010 10th
Street, Modesto 6th Floor (Quarterly
service)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
19 City Manager's Office | 1010 10th
Street, Modesto 6th Floor (Quarterly
service)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
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SHREDDING SERVICES
15 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
20 City Manager's Office | 1010 10th
Street, Modesto 6th Floor (Quarterly
service)
1 Initial
Setup
EA 20" x
20" x
36"
21 Finance Department - Accounting
Division | 1010 10th Street, Modesto
5th Floor (Quarterly service)
1 Trip Fee EA 20" x
20" x
36"
22 Finance Department - Accounting
Division | 1010 10th Street, Modesto
5th Floor (Quarterly service)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
23 Finance Department - Accounting
Division | 1010 10th Street, Modesto
5th Floor (Quarterly service)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
24 Finance Department - Accounting
Division | 1010 10th Street, Modesto
5th Floor (Quarterly service)
1 Initial
Setup
EA 20" x
20" x
36"
25 Public Works - Fleet Division | 1609
8th Street, Modesto, CA 95354 (as
needed)
1 Trip Fee EA 64
Gallon
Tote
26 Public Works - Fleet Division | 1609
8th Street, Modesto, CA 95354 (as
needed)
1 Bin
Service
Charge
(ea)
EA 64
Gallon
Tote
27 Public Works - Fleet Division | 1609
8th Street, Modesto, CA 95354 (as
needed)
1 Additional
Bin
Charge
EA 64
Gallon
Tote
28 Public Works - Fleet Division | 1609
8th Street, Modesto, CA 95354 (as
needed)
1 Initial
Setup
EA 64
Gallon
Tote
29 Information Technology | 1010 10th
Street, Modesto 5th Floor (as needed)
1 Trip Fee EA 64
Gallon
Tote
30 Information Technology | 1010 10th
Street, Modesto 5th Floor (as needed)
1 Bin
Service
Charge
(ea)
EA 64
Gallon
Tote
31 Information Technology | 1010 10th
Street, Modesto 5th Floor (as needed)
1 Additional
Bin
Charge
EA 64
Gallon
Tote
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SHREDDING SERVICES
16 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
32 Information Technology | 1010 10th
Street, Modesto 5th Floor (as needed)
1 Initial
Setup
EA 64
Gallon
Tote
33 Community & Economic Development |
1010 10th Street, Modesto 3rd Floor
(quarterly services)
1 Trip Fee EA 20" x
20" x
36"
34 Community & Economic Development |
1010 10th Street, Modesto 3rd Floor
(quarterly services)
3 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
35 Community & Economic Development |
1010 10th Street, Modesto 3rd Floor
(quarterly services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
36 Community & Economic Development |
1010 10th Street, Modesto 3rd Floor
(quarterly services)
1 Initial
Setup
EA 20" x
20" x
36"
37 Human Resource Department | 1010
10th Street, Modesto 2nd Floor (biweekly services)
1 Trip Fee EA 20" x
20" x
36"
38 Human Resource Department | 1010
10th Street, Modesto 2nd Floor (biweekly services)
3 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
39 Human Resource Department | 1010
10th Street, Modesto 2nd Floor (biweekly services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
40 Human Resource Department | 1010
10th Street, Modesto 2nd Floor (biweekly services)
1 Initial
Setup
EA 20" x
20" x
36"
41 Finance - Revenue Collection and
Compliance Division | 1010 10th Street,
Modesto 2nd Floor (Monthly services)
1 Trip Fee EA 20" x
20" x
36"
42 Finance - Revenue Collection and
Compliance Division | 1010 10th Street,
Modesto 2nd Floor (Monthly services)
4 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
43 Finance - Revenue Collection and
Compliance Division | 1010 10th Street,
Modesto 2nd Floor (Monthly services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
17 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
44 Finance - Revenue Collection and
Compliance Division | 1010 10th Street,
Modesto 2nd Floor (Monthly services)
1 Initial
Setup
EA 20" x
20" x
36"
45 McHenry Museum | 1402 I Street,
Modesto (Quarterly services)
1 Trip Fee EA 20" x
20" x
36"
46 McHenry Museum | 1402 I Street,
Modesto (Quarterly services)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
47 McHenry Museum | 1402 I Street,
Modesto (Quarterly services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
48 McHenry Museum | 1402 I Street,
Modesto (Quarterly services)
1 Initial
Setup
EA 20" x
20" x
36"
49 Utilities Department - Water Services |
4240 Litt Road, Modesto (Quarterly
services)
1 Trip Fee EA 20" x
20" x
36"
50 Utilities Department - Water Services |
4240 Litt Road, Modesto (Quarterly
services)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
51 Utilities Department - Water Services |
4240 Litt Road, Modesto (Quarterly
services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
52 Utilities Department - Water Services |
4240 Litt Road, Modesto (Quarterly
services)
1 Initial
Setup
EA 20" x
20" x
36"
53 Utilities Department - Wastewater
Services | 1221 Sutter Ave, Modesto
(bi-weekly services)
1 Trip Fee EA 20" x
20" x
36"
54 Utilities Department - Wastewater
Services | 1221 Sutter Ave, Modesto
(bi-weekly services)
2 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
55 Utilities Department - Wastewater
Services | 1221 Sutter Ave, Modesto
(bi-weekly services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
18 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
56 Utilities Department - Wastewater
Services | 1221 Sutter Ave, Modesto
(bi-weekly services)
1 Initial
Setup
EA 20" x
20" x
36"
57 Modesto Fire Administration | 409 12th
Street, Modesto CA 95354 (as needed)
1 Trip Fee EA 64
Gallon
Tote
58 Modesto Fire Administration | 409 12th
Street, Modesto CA 95354 (as needed)
1 Bin
Service
Charge
(ea)
EA 64
Gallon
Tote
59 Modesto Fire Administration | 409 12th
Street, Modesto CA 95354 (as needed)
1 Additional
Bin
Charge
EA 64
Gallon
Tote
60 Modesto Fire Administration | 409 12th
Street, Modesto CA 95354 (as needed)
1 Initial
Setup
EA 64
Gallon
Tote
61 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Trip Fee EA 20" x
20" x
36"
62 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
63 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
64 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Initial
Setup
EA 20" x
20" x
36"
65 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Trip Fee EA 64
Gallon
Tote
66 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Bin
Service
Charge
(ea)
EA 64
Gallon
Tote
67 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Additional
Bin
Charge
EA 64
Gallon
Tote
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
19 Line
Item
Description Quantity Service Unit of
Measure
Bin Size Unit
Cost
Total
68 City Attorney's Office | 1010 10th
Street, Modesto 6th Floor (bi-weekly
services)
1 Initial
Setup
EA 64
Gallon
Tote
69 Parks, Recreation & Neighborhood |
1010 10th Street, Modesto 4th Floor (as
needed)
1 Trip Fee EA 20" x
20" x
36"
70 Parks, Recreation & Neighborhood |
1010 10th Street, Modesto 4th Floor (as
needed)
1 Bin
Service
Charge
(ea)
EA 20" x
20" x
36"
71 Parks, Recreation & Neighborhood |
1010 10th Street, Modesto 4th Floor (as
needed)
1 Additional
Bin
Charge
EA 20" x
20" x
36"
72 Parks, Recreation & Neighborhood |
1010 10th Street, Modesto 4th Floor (as
needed)
1 Initial
Setup
EA 20" x
20" x
36"
73 Parks, Recreation & Neighborhood -
Park Operations | 501 N Jefferson St.

CA 95354 (as needed)
1 Trip Fee EA 64
Gallon
Tote
74 Parks, Recreation & Neighborhood -
Park Operations | 501 N Jefferson St.

CA 95354 (as needed)
1 Bin
Service
Charge
(ea)
EA 64
Gallon
Tote
75 Parks, Recreation & Neighborhood -
Park Operations | 501 N Jefferson St.

CA 95354 (as needed)
1 Additional
Bin
Charge
EA 64
Gallon
Tote
76 Parks, Recreation & Neighborhood -
Park Operations | 501 N Jefferson St.

CA 95354 (as needed)
1 Initial
Setup
EA 64
Gallon
Tote
TOTAL

MEDIA DESTRUCTION
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 CDs 1 EA
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
20 Line Item Description Quantity Unit of
Measure
Unit Cost Total
2 VHS Tapes 1 EA
3 Cassette tapes 1 EA
4 Universal Series Bus (USB) 1 EA
5 Solid State Drives (SSD) 1 EA
6 Hybrid Hard Drives (HHD) 1 EA
TOTAL
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
21 BID SUBMITTAL
Bidder’s submission should include all City of Modesto forms as provided. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. Before submitting the forms, make sure to review the forms to avoid submitting duplicate forms.

ACKNOWLEDGEMENTS
IFB ACKNOWLEDGEMENT*
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PREPARATION OF BIDS*
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
TAXES AND FREIGHT CHARGES*
Bidder acknowledges that:

A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.

D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
22 By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:

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.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PATENT INDEMNITY*
Bidder Acknowledges:

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
23 ☐ Please confirm
*Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:

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 come 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.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PAYMENT TERMS AND METHODS*

BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:

Option A (Preferred): City of Modesto ePay Payment:

SHREDDING SERVICES
24 • 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. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.

Option B – Manual Check:

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
NO GUARANTEE OR WARRANTY*
Bidder Acknowledges that:

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.

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
25 ☐ Please confirm
*Response required
MINOR IRREGULARITIES*
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required

BIDDER COMPANY INFORMATION
BIDDER COMPANY FULL LEGAL NAME*
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
*Response required
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
*Response required
TYPE OF LEGAL ENTITY*
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. ☐ Yes
☐ No
*Response required
When equals "Yes"
TYPE OF LEGAL ENTITY - SELECT*
Please select which of the following legal entity options under which the Bidder Company operates. #4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
26 ☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Sole Proprietorship
*Response required
When equals "Yes"
LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
*Response required
When equals "No"
TYPE OF LEGAL ENTITY - OTHER*
You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship. Please explain and be sure to note which State the Bidder Company is registered/established.
*Response required
BIDDER COMPANY HEADQUARTERS ADDRESS*
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
*Response required
BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. *Response required
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
27 • Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
*Response required
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. *Response required

DUNS & BRADSTREET (DUNS) NUMBER
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.

BIDDER OFFICER NAMES AND TITLES*
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
*Response required
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. *Response required
CLOSEST BIDDER OFFICE*
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
• Country
• Postal Code
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
28 *Response required
CITY OF MODESTO BUSINESS LICENSE*
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
☐ Yes
☐ No
*Response required
When equals "Yes"
CITY OF MODESTO BUSINESS LICENSE NUMBER*
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
*Response required

CITY FORMS
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
*Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
29 FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
*Response required
LOCAL VENDOR?*
Is the Bidder a local vendor as defined by the following requirement? 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.
☐ Yes
☐ No
*Response required
When equals "Yes"
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
*Response required
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*Response required
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
30 UPLOAD NAID CERTIFICATE*
Please upload NAID Certificate here.
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required

ADDITIONAL BID INFORMATION

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

SUBMITTAL CONFIRMATION*
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement. ☐ Please confirm
*Response required
#4..
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INVITATION FOR BIDS # IFB-00010RB

SHREDDING SERVICES
31 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

GENERAL SCOPE OF WORK
The City of Modesto Purchasing Division is requesting bids for City-wide Shredding Services. The Contractor shall be responsible for providing the City with confidential document/media shredding/destruction services. The Contractor shall provide the City departments with secure on-site storage bins. The current bin size being utilized by the department is listed on the pricing schedule, the Contractor shall be responsible with providing similar or the same size bins for the department.

The Contractor shall, on a weekly, bi-weekly, tri-weekly, monthly, or as needed perform shredding/destruction of all documents/media placed in secured bins placed by City staff. The Contractor shall perform these services during the specified City Departments regular business hours. If shred bins are full, City Staff may be required to place items to be shredded in boxes near or around the shred bins. The Contractor shall be responsible to shred those items during the visit.

Items shredded/destroyed shall include:
• Paper, boxed records, cardboards
• Microfilms, microfiche
• DVDs and CDs
• Audio or video tapes
• Computer hard drives, solid state drives, flash storage devices Records submitted to the Contractor for destruction may contain information, which is confidential and will, therefore, be subject to all Federal, State, and County Codes regarding the protection of an individual’s right to privacy. The Contractor shall be required to take whatever measures are necessary to ensure protection. The Contractor shall have enough personnel to serve and support the requirement under the agreement within the specified response time. A Certificate of Destruction signed by the Contractor shall be furnished with each service. The Contractor shall notify the scheduled locations twenty-four (24) hours prior to scheduled service dates if the scheduled service date and times cannot be met.

MPD SCOPE OF WORK
The Modesto Police Department (MPD) Property and Evidence Unit (PE) is responsible for purging property from closed cases, including the disposal of media items such as VHS tapes, CDs, cassettes, USB devices, computer hard drives, solid state drives, and similar electronic storage media. The Modesto Police Department PE Unit needs a Contractor to properly destroy such items. Contractor must comply with the Criminal Justice Information Services (CJIS) Security Policy section Media Protection (MP) MP-6 Media Sanitization page 183 of Version 6 dated 12/27/2024. https://le.fbi.gov/cjis-division/cjis-security-policy-resource-center The selected Contractor shall provide professional and reliable services ensuring items are destroyed and not refurbished or reused.

SPECIFIC REQUIREMENTS
• On-site destruction of materials under the supervision of PE staff upon request scheduled through an appointment with the Property and Evidence Unit
• Destruction methods compliant with applicable industry standards, ensuring data is permanently unrecoverable. • Provision of destruction certificates identifying the date, method, and confirmation of completion • Flexibility to process varying volumes of media, as PE cannot predetermine the quantity requiring destruction at any given time.
• The Contractor shall maintain strict confidentiality of all materials received and shall not permit access, disclosure, or duplication of information contained on any media.
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SHREDDING SERVICES
32 RECORDS
The successful Contractor must be able to supply the City with monthly/quarterly/yearly usage reports to include but not limited to the following:

1. Frequency by Department and Container

2. Cost totals per department, per container, per reporting period

3. Grand total for all department

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.

PAYMENT
CONTRACTOR shall invoice CITY at a minimum of a monthly basis.

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

Invoice to:

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

At a minimum invoice shall state the following:

City department/division name and address
Billing period
Bins Serviced (Example: 1 bin every other week = 2 bins per/mo) #4..
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33 Trip Fee

BONDING CERTIFICATE
Bidder shall be bonded to perform security-shredding services for the City of Modesto. Bidder shall provide a copy of their bonding certificate with bid submittal. Bonding certificate shall be through the National Association for Information Destruction (NAID).

BACKGROUND CHECKS
Employee background checks on the Contractor, Subcontractor, and any employee working at the work site may be requested by MPD. Personnel will be required to complete a live scan check, paid by the Contractor.

CONTRACTUAL CHANGES
Changes of a contractual or business nature shall be effected only by written change to the contract by the City of Modesto, Purchasing Division.

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

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

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

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

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

CHARACTER OF WORKERS
If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged #4..
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34 immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not work again work on any City job.

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

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

PARKING
Should the Contractor be unable to secure parking at the 1010 10th Street Location, parking is permitted within the service alleyway situated on the 11th Street, located between City Hall and the 10th Street Parking Lot. Access to this alleyway requires coordination with 10th Street Security. The Contractor shall contact 10th Street Security at (209) 652-2206 upon arrival to facilitate entry. Please be advised that scheduled waste management activities, specifically trash compactor emptying on Friday mornings and recycling collection on Tuesday and Thursday mornings, may impede access to the alleyway. Please see attachment A for reference.

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.

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. #4..
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35 SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE 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 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:

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 on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]

2. CITY REPRESENTATIVE
CITY Representative is: ___________
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36 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 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
<Enter Contact Information Here>

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 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.

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. INSURANCE REQUIREMENTS
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 vendor is responsible for uploading and maintaining updated insurance. #4..
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37 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]
CONTRACTOR shall establish a separate billing account for each CITY department and/or division.

At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Bins Serviced (Example: 1 bin every other week = 2 bins per/mo) • Unit price, extended price, trip fee, 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. #4..
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38 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.

9. ATTORNEY'S 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. Proofs of insurance (approved by CITY Risk Manager); and b. Executed Agreement;
c. CONTRACTOR Bid submittal;
d. IFB No. IFB-00010RB
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 nonperformance. 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.

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;
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39 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.

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 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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40 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:
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
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 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:
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41 CONTRACTOR: ____________
____________
____________
____________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

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.

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..
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42 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. 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 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 #4..
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43 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.

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.

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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44 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 _____________.has caused this Agreement to be duly executed.

CITY OF MODESTO
a municipal corporation

CONTRACTOR
By ________________________________ By ________________________________ JOSEPH P. LOPEZ
City Manager
(Signature)
By ________________________________
ATTEST: (Name & Title)
Date: _______________________________
By ________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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45 EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) 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.

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

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

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
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46 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.

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

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

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

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

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

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

Verification of Coverage
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47 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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1 Exhibit D:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) 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:

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:

Additional Insured Status
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2 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.

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 #4..
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3 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
#4..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00010RB
Shredding Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Shredding Services

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Finance CommitteeJanuary 26, 2026

Finance Committee
January 26, 2026