Agenda packet — Modesto City Council, April 28, 2026 (part 2 of 3)

16.64 36.00

86.30 46.00
-6,144.91
181.09
6,144.91
216.39
582.51
122.75

21.89 1,814.57
2,284.99

73.28 1,448.29

97.99 -121.96
-24.30
193.89

24.30 4.79
660.89
470.01
350.45

60.86 TOTAL FOR CHECK:

TOTAL FOR CHECK:

16.64 168.30
397.48
582.51
122.75
6,478.62
881.32
319893
320007
320007
319801
319605
319873
319605
320161
320540
320401
318162
320044
320027
320019
319995
320107
319608
318162
318000
318162
319349
319608
320477
320477
320368
Attachment 5, Vendor ePayables
#8..
- 328 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 10
PO
NUMBER
819408
819409
819410
819411
819412
819413
819414
819415
819416
819417

CHOICE LIGHTING

SUPPLY CORP

CLARK PEST

CONTROL

ESRI INC

FIRST CHOICE

INDUSTRIAL SUPPLY

COMPANY

FLORY INDUSTRIES
INC

FUNCTION GRAPHICS

HARD DRIVE

GRAPHICS

HERC RENTALS

HUGHSON FARM
SUPPLY

INTERSTATE TRUCK
CENTER
BS-01-26
39187863
900179485
110316
110735
110252
110565
532059
533279
4930
39087
35352159-011
H550843
02P628024
02P626923
02P627415
02P625330
02P626213
02P626768
02P625342
02P627098
30-JAN-26
30-JAN-26
20-JAN-26
10-FEB-26
13-FEB-26
13-JAN-26
12-FEB-26
11-DEC-25
08-JAN-26
22-JAN-26
16-JAN-26
03-FEB-26
03-FEB-26
09-FEB-26
04-FEB-26
09-FEB-26
28-JAN-26
30-JAN-26
02-FEB-26
30-JAN-26
04-FEB-26
6,423.00
790.00
1,358.00
276.05

90.62 261.33
815.91

96.30 309.13
563.43
119.74
4,129.99
572.36

78.16 65.87
263.50

75.44 115.33
370.77
168.64
734.14
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
7,213.00
1,358.00
1,443.91
405.43
563.43
119.74
4,129.99
572.36
320593
319847
320097
318862
320328
318589
319987
319115
319166
319933
320102
320063
319910
320421
320421
320421
320197
320197
320197
320197
320421
Attachment 5, Vendor ePayables
#8..
- 329 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 11
PO
NUMBER
819417
819418
819419
819420
819421
819422
819423
819424

INTERSTATE TRUCK
CENTER

ITPIPES, LLC

J S WEST PROPANE
GAS
LOOMIS

MCCOY TRUCK TIRE

SERVICE CTR

MODESTO STEEL

MODESTO WELDING

PRODUCTS

MOTOR PARTS

DISTRIBUTORS INC
02P626814
02P626111
02P625067
02P625502
B3428
829089
829518
54694
338320
935980
333846
141519
56565
13894106
13894104
10181450
492018
490304
73047
10273
9428
8482
9454
9796
04-FEB-26
29-JAN-26
23-JAN-26
27-JAN-26
17-DEC-25
28-JAN-26
28-JAN-26
30-JAN-26
02-FEB-26
29-JAN-26
12-FEB-26
21-JAN-26
30-JAN-26
31-JAN-26
31-JAN-26
15-JAN-26
05-FEB-26
23-JAN-26
25-JAN-26
11-FEB-26
09-FEB-26
04-FEB-26
09-FEB-26
10-FEB-26
122.02
-203.39
176.45
2,210.00
19,450.00

64.92 65.33

92.69 39.19

81.25 87.37

33.48 197.06
2,301.52
1,626.73
2,697.52
513.11
2,919.87

31.50 154.80

92.99 29.40

49.43 654.81
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
4,176.93
19,450.00
661.29
3,928.25
2,697.52
3,432.98

31.50 320151
319285
319870
320197
319465
320134
320134
320135
320167
319502
320547
320176
320367
320046
319993
320669
320486
320529
320535
320464
320379
320379
320379
320379
Attachment 5, Vendor ePayables
#8..
- 330 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 12
PO
NUMBER
819424 MOTOR PARTS

DISTRIBUTORS INC
9061-2
9263
10391
10545
10548
6855
7449
7848
7648
8593
7197
7465
7327
7336
8058
7223
7188
5296
3607
5603
8724-2
8559
8604
8555
8564
9121
10277
10280
10285
10286
8235
8237
10355
10380
05-FEB-26
06-FEB-26
11-FEB-26
12-FEB-26
12-FEB-26
28-JAN-26
30-JAN-26
02-FEB-26
02-FEB-26
04-FEB-26
29-JAN-26
30-JAN-26
30-JAN-26
30-JAN-26
03-FEB-26
29-JAN-26
29-JAN-26
21-JAN-26
15-JAN-26
22-JAN-26
05-FEB-26
04-FEB-26
04-FEB-26
04-FEB-26
04-FEB-26
06-FEB-26
11-FEB-26
11-FEB-26
11-FEB-26
11-FEB-26
03-FEB-26
03-FEB-26
11-FEB-26
11-FEB-26
188.14

50.94 27.22

14.15 81.94

21.58 33.82
108.82
338.01
195.08
550.67

70.29 298.82
336.55

8.09 182.78
661.97

82.18 60.68
254.11

76.95 17.52
251.98

26.00 76.33
113.27

70.36 355.34
228.90

56.35 18.07

28.58 39.26

10.20 5,916.38
320379
320379
320603
320603
320603
320191
320193
320193
320193
320231
320192
320192
320192
320192
320192
320192
320192
320511
320511
320511
320506
320506
320506
320506
320506
320506
320660
320660
320660
320660
320603
320603
320603
320603
Attachment 5, Vendor ePayables
#8..
- 331 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 13
PO
NUMBER
819424
819425
819426
819427

MOTOR PARTS

DISTRIBUTORS INC

O'REILLY AUTO

PARTS/FIRST CALL

PACE SUPPLY

CORPORATION

PACIFIC STORAGE

COMPANY
2559-432577
2559-433864
2559-433862
2559-433863
2938-207623
4697-162574
2559-436072
2559-436024
2922-335476
2559-438272
0511149342-1
0611147693
CM0511154060
0511149342
0511146462
0511145727
0511132832
0511086130
0510961811-3
0511162438
0511162462
0511156508
0511146732
0511120284
0511162481
5299075
2230781
2230780
2230779
2230646
29-DEC-25
07-JAN-26
07-JAN-26
07-JAN-26
15-JAN-26
14-JAN-26
22-JAN-26
22-JAN-26
28-JAN-26
06-FEB-26
09-FEB-26
04-FEB-26
05-FEB-26
05-FEB-26
05-FEB-26
05-FEB-26
05-FEB-26
05-FEB-26
05-FEB-26
12-FEB-26
12-FEB-26
12-FEB-26
12-FEB-26
12-FEB-26
12-FEB-26
31-JAN-26
31-JAN-26
31-JAN-26
31-JAN-26
31-JAN-26

34.48 -317.20
-107.58
-149.96
154.53
131.70
-184.78

52.23 82.70
607.13
572.82
211.05
-20.65
4,239.49
211.65
393.79

58.25 397.94
576.52
618.68
424.27

38.11 1,618.82

80.82 94.50

93.24 1.82

32.28 16.82
595.86
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
303.25
9,516.06
318192
315200
317277
317277
318990
319069
314565
319869
320254
320057
319785
319506
319506
319785
319504
319534
319359
318312
314793
320040
320045
319973
319640
319089
320039
320456
320462
320047
320048
319882
Attachment 5, Vendor ePayables
#8..
- 332 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 14
PO
NUMBER
819427
819428
819429
819430

PACIFIC STORAGE

COMPANY

SAFE-T-LITE OF

MODESTO INC

ULINE INC

WILLE ELECTRIC

SUPPLY CO INC
5299074
5299118
5299003
2230650
407717PAYBACK
408318
K08481
408425
408595
408722
408721
202174724
203659214
204218701
204181400
202297857
S2284016.001
S2283868.001
S2280971.001
S2283938.001
S2281821.001
S2283751.001
S2283762.001
S2283775.001
S2283804.001
S2283939.001
S2284150.001
S2284164.001
S2284246.001
31-JAN-26
31-JAN-26
31-JAN-26
31-JAN-26
13-FEB-26
21-JAN-26
29-JAN-26
27-JAN-26
05-FEB-26
12-FEB-26
12-FEB-26
23-DEC-25
02-FEB-26
13-FEB-26
13-FEB-26
03-DEC-25
28-JAN-26
27-JAN-26
14-JAN-26
28-JAN-26
13-JAN-26
27-JAN-26
27-JAN-26
27-JAN-26
27-JAN-26
28-JAN-26
29-JAN-26
30-JAN-26
29-JAN-26

57.20 38.12
122.08

54.56 139.69
364.29
850.00
139.69
110.87
1,371.26

39.25 263.44

47.71 -47.57

46.07 160.07
466.92

37.81 1,138.18

55.17 69.93
322.42

20.23 60.44
1,043.63

60.77 100.97
668.71

73.21 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
1,011.98
3,015.05
469.72
4,118.39
319883
320528
320382
320381
316253
319864
320114
320072
320460
319820
318673
319844
319634
319634
319634
320616
320113
320407
320408
320409
320410
320300
320301
320302
320303
320304
320305
320306
320307
Attachment 5, Vendor ePayables
#8..
- 333 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 15
PO
NUMBER
819430
819431
819432
819433
819434
819435
819436
819437
819438
819439
819440
819441

WILLE ELECTRIC

SUPPLY CO INC

ALTEC INDUSTRIES

AMERICAN CHILLER
CO

AMERICAN LUMBER
CO

AT&T MOBILITY

B I C SECURITY

SYSTEMS

BARNES WELDING
13435689
78027
78094
29693
29562
29531
287358149633X02
222026
287353932970X02
222026
287353932639X02
222026
287022197540X02
222026
991831673X02222
026
875913212X02222
026
237458
0063716390
05-FEB-26
27-JAN-26
04-FEB-26
12-FEB-26
05-FEB-26
04-FEB-26
14-FEB-26
14-FEB-26
14-FEB-26
14-FEB-26
14-FEB-26
14-FEB-26
30-JAN-26
13-FEB-26
1,859.73
710.00
4,487.00
186.40

18.51 102.85

87.46 43.73
484.43
334.85
8,860.42
2,878.98
110.00
763.10
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
1,859.73
5,197.00
307.76

87.46 43.73
484.43
334.85
8,860.42
2,878.98
110.00
321049
319932
320699
320993
320781
320637
N/A
N/A
N/A
N/A
N/A
N/A
320569
321089
Attachment 5, Vendor ePayables
#8..
- 334 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 16
PO
NUMBER
819441
819442
819443
819444
819445
819446
819447

BARNES WELDING
SUPPLY

BIG VALLEY FORD

BONANDER TRUCK &

TRAILER

BURTON'S FIRE INC
(USE 10039)

CAPITAL RUBBER

CENTRAL SANITARY

SUPPLY LLC A

BRADYPLUS

CHOICE LIGHTING

SUPPLY CORP
0091736764
0063715972
648461
CM648461
612495
S70324
S70527
S70325
S70689
S70623
30049026
11314235
11300125
11320204
11323169
11237998
11287570
11291920
11291890
11279931
11304469
11299043
11280057
362209
31-JAN-26
12-FEB-26
20-JAN-26
26-JAN-26
05-FEB-26
30-JAN-26
30-JAN-26
04-FEB-26
04-FEB-26
28-JAN-26
13-FEB-26
19-FEB-26
17-FEB-26
20-FEB-26
20-FEB-26
04-FEB-26
13-FEB-26
13-FEB-26
13-FEB-26
12-FEB-26
17-FEB-26
17-FEB-26
12-FEB-26
12-FEB-26
298.18
148.63
859.90
-244.97
318.66
1,252.76
5,801.81
725.84
701.16
167.23
274.15
121.87
291.95
1,873.20
247.16

48.99 97.20
117.29
156.40
149.49
-66.79
1,537.71
396.82
325.97
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
1,209.91
614.93
318.66
8,648.80
274.15
4,971.29
325.97
320796
320718
320974
320974
321220
321017
321017
321017
321017
321017
320524
320027
320957
320879
320834
319608
320027
317544
318162
320027
320027
320442
320692
321238
Attachment 5, Vendor ePayables
#8..
- 335 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 17
PO
NUMBER
819448
819449
819450
819451
819452
819453
819454

CONSOLIDATED

ELECTRIC DST INC

FIRST CHOICE

INDUSTRIAL SUPPLY

COMPANY

HARD DRIVE

GRAPHICS

HARTLEY AND

ASSOCIATES

HERC RENTALS

HUGHSON FARM
SUPPLY

INTERSTATE TRUCK
CENTER
4797-1063793
110565-01
110596
110793
39108
39121
177902162026
178502162026
178202162026
177702162026
35521374-009
35530614-010
33835384-032
H551364
02P628205
02P629867
02P628352
02P628153
02P628301
02P627723
02P627777
02P628269
02P627119
02P628151
02P627288
04-FEB-26
20-FEB-26
20-FEB-26
19-FEB-26
17-FEB-26
18-FEB-26
16-FEB-26
16-FEB-26
16-FEB-26
16-FEB-26
09-FEB-26
13-FEB-26
13-FEB-26
09-FEB-26
11-FEB-26
18-FEB-26
12-FEB-26
11-FEB-26
10-FEB-26
10-FEB-26
09-FEB-26
11-FEB-26
04-FEB-26
09-FEB-26
09-FEB-26

40.99 135.98
276.05
734.91
2,756.72

44.63 4.13
423.11

77.37 85.27
4,168.28
5,428.77
3,182.20
196.16
259.44
1,735.71
472.04
449.40

84.89 472.04

33.62 2,294.21

24.02 89.88
1,591.38
TOTAL FOR CHECK:

TOTAL FOR CHECK:

40.99 1,146.94
2,801.35
589.88
12,779.25
196.16
320773
319987
319886
321161
321034
321165
320914
320915
320968
320994
321015
321015
321015
320560
321048
321048
320863
320863
320863
320863
321018
321018
321018
321018
321018
Attachment 5, Vendor ePayables
#8..
- 336 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 18
PO
NUMBER
819454
819455

INTERSTATE TRUCK
CENTER

J S WEST PROPANE
GAS
02P627069
02P628573
02P630455
02P630440
02P628034
02P626826
02P628037
02P628419
02P628422
02P626114
02P626002
02P626813
02P627473
02P626893
02P626577
02P627479
02P627491
02P627340
02P627100
02P628421
02P629219
02P622523
02P624192
02P624086
02P622136
02P624190
02P624487
02P628569
02P628618
756753
535068
652072
230657
05-FEB-26
11-FEB-26
20-FEB-26
20-FEB-26
09-FEB-26
03-FEB-26
09-FEB-26
10-FEB-26
10-FEB-26
29-JAN-26
29-JAN-26
29-JAN-26
05-FEB-26
03-FEB-26
03-FEB-26
05-FEB-26
06-FEB-26
05-FEB-26
04-FEB-26
10-FEB-26
13-FEB-26
20-JAN-26
22-JAN-26
22-JAN-26
13-JAN-26
20-JAN-26
21-JAN-26
11-FEB-26
12-FEB-26
06-FEB-26
04-FEB-26
05-FEB-26
11-FEB-26

24.24 279.49
-258.43
-215.75
-406.78
-370.77
-258.43
-36.44
-78.16
-290.49
550.77
929.02
206.09
117.55
219.07

4.76 472.04
586.36
569.55
-203.39
-258.43
772.58
13,055.00
300.02
117.59
2,010.36
135.17

72.55 320.37
100.44

60.02 94.72

95.54 TOTAL FOR CHECK: 25,872.14
321018
321018
315717
321048
319285
320197
318822
320421
320421
320197
320633
320633
320507
320507
320507
320507
320645
320645
320645
319285
319853
320714
320714
320714
320714
320714
320714
320858
320858
320988
320988
320988
320997
Attachment 5, Vendor ePayables
#8..
- 337 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 19
PO
NUMBER
819455
819456
819457
819458

J S WEST PROPANE
GAS

MCCOY TRUCK TIRE

SERVICE CTR

MODESTO WELDING

PRODUCTS

MOTOR PARTS

DISTRIBUTORS INC
231181
10182352
10181848
10181850
10182225
10182227
1130834
1129944
1130129
1129460
5986
10528
8730
9836
10001
10160
8309
86608
8627
8729
8732
11066
11798
11991
11382
11883
11888
11890
11910
11787
11-FEB-26
11-FEB-26
28-JAN-26
27-JAN-26
09-FEB-26
09-FEB-26
19-FEB-26
13-FEB-26
13-FEB-26
06-FEB-26
26-JAN-26
12-FEB-26
05-FEB-26
10-FEB-26
10-FEB-26
11-FEB-26
03-FEB-26
11-DEC-25
04-FEB-26
05-FEB-26
05-FEB-26
13-FEB-26
17-FEB-26
18-FEB-26
16-FEB-26
18-FEB-26
18-FEB-26
18-FEB-26
18-FEB-26
17-FEB-26

86.15 11,452.72
4,773.25
10,216.38
1,231.48
1,596.15
377.38
770.69

18.33 31.82

78.02 23.16
335.34

19.68 399.21

60.62 156.04
448.91
216.42
167.67
105.61
212.91
105.15
145.11

73.16 73.15

51.36 334.09

9.86 154.90
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
436.87
29,269.98
1,198.22
320998
320822
321012
321012
321061
321061
321313
321030
321060
321168
320838
320838
320805
320805
320805
320805
320805
317248
321008
321008
321008
321008
320967
320967
321062
321062
321062
321062
321062
321062
Attachment 5, Vendor ePayables
#8..
- 338 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 20
PO
NUMBER
819458
819459
819460
819461
819462
819463

MOTOR PARTS

DISTRIBUTORS INC

O'REILLY AUTO

PARTS/FIRST CALL

PACE SUPPLY

CORPORATION

PACIFIC BOLT

COMPANY INC

PACIFIC STORAGE

COMPANY

SAFE-T-LITE OF
2022
3957
3957-2
3957-3
9456
6331
10878
11684
2559-440073
2559-440065
2559-436066
2559-438157
0510033776
0510439389-
CM0510785252
0510785252
0510442072
CM0510785237
0510785237
0511152138
0511178779
0511178781
SLB100081
M98845
M98846
2230653
407655
08-JAN-26
15-JAN-26
15-JAN-26
15-JAN-26
09-FEB-26
27-JAN-26
13-FEB-26
17-FEB-26
19-FEB-26
19-FEB-26
22-JAN-26
06-FEB-26
02-DEC-24
08-MAY-25
12-SEP-25
12-SEP-25
09-MAY-25
12-SEP-25
12-SEP-25
19-FEB-26
19-FEB-26
19-FEB-26
13-FEB-26
11-FEB-26
11-FEB-26
31-JAN-26
22-JAN-26
-279.57
-19.35
-192.94
-76.33
244.10

54.63 272.80
1,751.52
-2.48
-22.19
-57.49

87.06 185.10
10,885.94
-10,885.94
10,785.96
24,420.66
-24,420.66
24,196.36
9,956.82

70.57 385.42
1,143.19
118.13

15.24 384.93
193.10
TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
4,925.23

4.90 45,580.23
1,276.56
384.93
319497
318946
318563
318926
320648
320648
320680
320868
312134
316088
288337
320526
289641
300356
300356
300356
300583
300583
300583
319639
320520
320484
320916
320927
320928
321036
321169
Attachment 5, Vendor ePayables
#8..
- 339 -
Bank: BMO BMO Main
Branch
Branch: BMO E-Payables
(Main)
Account:

CHECK
NUMBER
VENDOR

NAME SITE INVOICE NUMBER

INVOICE
DATE

PAYMENT
AMOUNT
** CITY OF MODESTO **
REPORT ID: COMAPCHKREG.rdf PAYMENT CHECK REGISTER
03-MAR-26 Page: 21
PO
NUMBER
Total: 550 391,191.00
819463
819464
819465
819466
819467

SAFE-T-LITE OF

MODESTO INC

ULINE INC

VERIZON

WESTURF NURSERY

WILLE ELECTRIC

SUPPLY CO INC
408824
408718
408674
203115279
202607202
202622934
203013815
203134634
6134689120
1044957
1042612
1041462
1044423
1043415
1043744
S2284454.001
S2285678.001
S2285126.001
S2285979.001
S2286569.001
S2285965.001
19-FEB-26
12-FEB-26
10-FEB-26
20-JAN-26
08-JAN-26
08-JAN-26
16-JAN-26
20-JAN-26
28-JAN-26
17-FEB-26
28-JAN-26
14-JAN-26
12-FEB-26
03-FEB-26
06-FEB-26
18-FEB-26
10-FEB-26
09-FEB-26
11-FEB-26
17-FEB-26
18-FEB-26
224.38

31.91 889.17
247.36
170.30
627.49
435.80
367.02
18,828.82

13.78 207.92

97.97 201.75

78.72 246.39
2,681.92
321.49
650.50
300.23
266.74

73.21 TOTAL FOR CHECK:

TOTAL FOR CHECK:

TOTAL FOR CHECK:
1,338.56
1,847.97
18,828.82
846.53
4,294.09
321181
320778
320882
321073
321004
320847
320986
320987
N/A
320884
320772
319880
321023
321023
321023
319618
320920
320919
320921
320945
320946
Attachment 5, Vendor ePayables
#8..
- 340 -
1/1/1900 Attachment 6 - Vendor Wire February 2025
1/1/1900 (1,000.00)
DATE Vendor Amount
2/9/2026 CalPers (PPE 2/9/26) 1,284,015.37
2/10/2026 GASB 68 CalPERS 4,500.00
2/12/2026 Optum Bank (PPE 2/9/26) 21,139.85
2/12/2026 Charles Schwab (PPE 2/9/26) 37,902.50
2/12/2026 ExpertPay (PPE 2/9/25) 7,149.72
2/13/2026 MissionSquare ICMA 401 (PPE 2/9/26) 16,818.72 2/13/2026 MissionSquare ICMA 457 (PPE 2/9/26) 303,930.42 2/13/2026 MissionSquare RHS (PPE 2/9/26) 58,441.25
2/13/2026 MissionSquare ICMA IRA (PPE 2/9/26) 8,605.05
2/13/2026 Federal Payroll Taxes (PPE 2/9/26) 719,546.09 2/13/2026 State Payroll Taxes (PPE 2/9/26) 239,203.07
2/13/2026 State Disability Insurance (PPE 2/9/26) 39,680.89 2/24/2026 CVRMT Charles Schwab 6,000.00
2/25/2026 FSA Contribution (PPE 2/23/26) 8,178.00
2/26/2025 Optum Bank (PPE 2/23/26) 20,614.87
2/26/2025 Charles Schwab (PPE 2/23/26) 37,902.50
2/27/2026 MissionSquare ICMA 457 (PPE 2/23/26) 305,833.30 2/27/2026 MissionSquare RHS (PPE 2/23/26) 49,198.75
2/27/2026 MissionSquare ICMA 401 (PPE 2/23/26) 16,618.72 2/27/2026 MissionSquare ICMA IRA (PPE 2/23/26) 8,686.47 2/27/2026 Federal Payroll Taxes (PPE 2/23/26) 713,015.36 2/27/2026 State Payroll Taxes (PPE 2/23/26) 238,491.63
2/27/2026 State Disability Insurance (PPE 2/23/26) 39,920.08 Total 4,185,392.61
#8..
- 341 -
#8..
- 342 -
CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 1
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
610497 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610535 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 83.16 24-FEB-26 MODESTO, CA 95354
United States
610542 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610549 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610555 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610556 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610557 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610569 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610588 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 99.34 24-FEB-26 MODESTO, CA 95354
United States
610594 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
610596 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 99.99 24-FEB-26 MODESTO, CA 95354
United States
Attachment 7, Voided Checks
#8..
- 343 -
610611 14-MAR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
611708 04-APR-25 Harmon, Jeffrey OFFICE 1,400.09 24-FEB-26 611742 04-APR-25 CoM Utilities MODESTO 1010, 10th Street 90.50 24-FEB-26 Modesto, CA 95354
United States
611748 04-APR-25 CoM Utilities MODESTO 1010, 10th Street 237.25 24-FEB-26 Modesto, CA 95354
United States
611755 04-APR-25 CoM Utilities MODESTO 1010, 10th Street 66.89 24-FEB-26 Modesto, CA 95354
United States
611763 04-APR-25 CoM Utilities MODESTO 1010, 10th Street 99.08 24-FEB-26 CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 2
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
611763 1010, 10th Street
Modesto, CA 95354
United States
611786 04-APR-25 BIG BEAR CAR WASH INC. MAIN 4473 AVALON STREET 70.00 24-FEB-26 TRACY, CA 95377
United States
611893 04-APR-25 SNAP ON TOOLS MAIN1 DAN BILLIS 455.64 24-FEB-26 4700 VIA ALTURA
MODESTO, CA 95357
United States
611953 11-APR-25 Warner-Wright, Kimberly Nic OFFICE 21.12 24-FEB-26 611962 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
611974 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
611976 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
Attachment 7, Voided Checks
#8..
- 344 -
611985 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
611989 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
611990 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
611991 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
611992 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
611995 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
612001 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
612006 11-APR-25 COM HDL MODESTO 1010 10TH STREET 39.85 24-FEB-26 MODESTO, CA 95354
United States
612008 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 3
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
612025 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
612030 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
612032 11-APR-25 COM HDL MODESTO 1010 10TH STREET 100.00 24-FEB-26 Attachment 7, Voided Checks
#8..
- 345 -
MODESTO, CA 95354
United States
612035 11-APR-25 COM HDL MODESTO 1010 10TH STREET 62.75 24-FEB-26 MODESTO, CA 95354
United States
612055 11-APR-25 CoM PRN MODESTO 1010 10th STREET 30.00 24-FEB-26 MODESTO, CA 95354
United States
612069 11-APR-25 CoM Utilities MODESTO 1010, 10th Street 13.00 24-FEB-26 Modesto, CA 95354
United States
612073 11-APR-25 CoM Utilities MODESTO 1010, 10th Street 63.22 24-FEB-26 Modesto, CA 95354
United States
612077 11-APR-25 CoM Utilities MODESTO 1010, 10th Street 257.77 24-FEB-26 Modesto, CA 95354
United States
612125 11-APR-25 CLERK-RECORDER MAIN STANISLAUS COUNTY 57.00 24-FEB-26 1021 I STREET
MODESTO, CA 95354
United States
612361 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 252.87 24-FEB-26 Modesto, CA 95354
United States
612366 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 101.83 24-FEB-26 Modesto, CA 95354
United States
612371 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 17.95 24-FEB-26 Modesto, CA 95354
United States
612386 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 86.02 24-FEB-26 Modesto, CA 95354
United States
612391 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 61.27 24-FEB-26 Modesto, CA 95354
United States
612392 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 72.51 24-FEB-26 Modesto, CA 95354
United States
612393 18-APR-25 CoM Utilities MODESTO 1010, 10th Street 75.00 24-FEB-26 CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 4
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Attachment 7, Voided Checks
#8..
- 346 -
Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
612393 1010, 10th Street
Modesto, CA 95354
United States
612778 25-APR-25 Valencia, Ruben A OFFICE 60.00 24-FEB-26 612785 25-APR-25 CoM Misc MODESTO 1010, 10th Street 1,027.00 24-FEB-26 Modesto, CA 95354
United States
612787 25-APR-25 CoM Misc MODESTO 1010, 10th Street 296.00 24-FEB-26 Modesto, CA 95354
United States
612811 25-APR-25 COM REBATE Modesto 1010 10th STREET 100.00 24-FEB-26 MODESTO, CA 95354
United States
612821 25-APR-25 COM TRAKIT MODESTO 1010 10TH STREET 204.60 24-FEB-26 MODESTO, CA 95354
United States
612822 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 169.04 24-FEB-26 Modesto, CA 95354
United States
612824 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 165.74 24-FEB-26 Modesto, CA 95354
United States
612825 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 149.64 24-FEB-26 Modesto, CA 95354
United States
612826 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 97.31 24-FEB-26 Modesto, CA 95354
United States
612827 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 176.72 24-FEB-26 Modesto, CA 95354
United States
612828 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 71.69 24-FEB-26 Modesto, CA 95354
United States
612829 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 210.60 24-FEB-26 Modesto, CA 95354
United States
612831 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 52.02 24-FEB-26 Modesto, CA 95354
United States
612832 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 116.56 24-FEB-26 Modesto, CA 95354
United States
Attachment 7, Voided Checks
#8..
- 347 -
612833 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 73.88 24-FEB-26 Modesto, CA 95354
United States
612834 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 13.36 24-FEB-26 CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 5
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
612834 1010, 10th Street
Modesto, CA 95354
United States
612835 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 154.11 24-FEB-26 Modesto, CA 95354
United States
612836 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 94.68 24-FEB-26 Modesto, CA 95354
United States
612837 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 216.15 24-FEB-26 Modesto, CA 95354
United States
612838 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 298.92 24-FEB-26 Modesto, CA 95354
United States
612839 25-APR-25 CoM Utilities MODESTO 1010, 10th Street 21.19 24-FEB-26 Modesto, CA 95354
United States
612929 25-APR-25 DEPT OF MOTOR VEHICLES MAIN ASF/ISF UNIT 27.00 24-FEB-26 P O BOX 932366
SACRAMENTO, CA 94232
United States
618285 08-AUG-25 CoM Utilities MODESTO 1010, 10th Street 135.69 19-FEB-26 Modesto, CA 95354
United States
623312 07-NOV-25 COM HDL MODESTO 1010 10TH STREET 100.00 12-FEB-26 MODESTO, CA 95354
United States
624414 26-NOV-25 FIRE CHIEF'S ASSOC-STAN COU MAIN 3705 OAKDALE ROAD 5,502.00 19-FEB-26 ATTN: MIMI DESIMONI
Attachment 7, Voided Checks
#8..
- 348 -
MODESTO, CA 95357
United States
624942 12-DEC-25 JRG RAINGUTTERS & SHEETMETA MAIN 732 S CONEJO AVE 8,130.00 05-FEB-26 MODESTO, CA 95354
United States
625190 19-DEC-25 CoM Misc MODESTO 1010, 10th Street 167.19 12-FEB-26 Modesto, CA 95354
United States
626151 09-JAN-26 AUDITOR-CONTROLLER MAIN STANISLAUS COUNTY 2,074.15 24-FEB-26 P O BOX 770
MODESTO, CA 95353
United States
626233 09-JAN-26 HERITAGE LANDSCAPE SUPPLY ( MAIN2 PO BOX 741481 848.79 12-FEB-26 LOS ANGELES, CA 90074
United States
626597 16-JAN-26 HERITAGE LANDSCAPE SUPPLY ( MAIN2 PO BOX 741481 1,709.14 12-FEB-26 LOS ANGELES, CA 90074
CoM PRIMARY Report Date: 19-MAR-2026 14:48
Void Payment Register Page: 6
Include Zero Amount Payments: No Period From: 01-FEB-26 To: 28-FEB-26 Display Payee Address: Yes Date: Void Date
Bank: BMO Branch: BMO Main Branch Account: BMO Main Account AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
626597 PO BOX 741481
LOS ANGELES, CA 90074
United States
627078 30-JAN-26 CoM Utilities MODESTO 1010, 10th Street 360.00 05-FEB-26 Modesto, CA 95354
United States
627084 30-JAN-26 CoM Utilities MODESTO 1010, 10th Street 131.61 12-FEB-26 Modesto, CA 95354
United States
627130 30-JAN-26 CALIFORNIA WATER ENVIRONMEN MAIN1 7677 OAKPORT ST # 1030 251.00 05-FEB-26 OAKLAND, CA 94621-1929
United States
627190 30-JAN-26 HERITAGE LANDSCAPE SUPPLY ( MAIN2 PO BOX 741481 1,595.36 12-FEB-26 LOS ANGELES, CA 90074
United States
627417 06-FEB-26 CANINE TACTICAL OPERATIONS MAIN PO BOX 303 1,400.00 19-FEB-26 BEAUMONT, CA 92223
Attachment 7, Voided Checks
#8..
- 349 -
United States
627765 13-FEB-26 KNOX COMPANY E-PAY 3214 E-PAY 3214 2,582.52 19-FEB-26 PHOENIX, AZ 85027
United States
-----------------
Payment Document Subtotal 34,811.51
-----------------
Bank Account Subtotal 34,811.51
-----------------
Report Count: 84 Report Total 34,811.51
*** End of Report ***
Attachment 7, Voided Checks
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
Date: March 9, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: January and February 2026 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:

Consider accepting an Informational Report on the January and February 2026 Grant Applications and Awards. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on November 04, 2024, to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement.

This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the grant does not require local match contributions exceeding $100,000. Grant applications and awards that require a local match contribution which exceeds $100,000 must be approved by City Council after the Director of Finance and City Manager’s approval. City Manager is authorized to approve all grant applications and awards which exceed $25,000 and those which require local match contribution under $100,000. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. All grant applications and awards require the approval of the Director of Finance. Departments #9..
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City Council, April 28, 2026
January and February 2026 Grant Application and Awards

Page 2 of 4 ends

may be required to obtain Council’s approval for grant applications and awards with no local match at the discretion of the City Manager.

Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines.

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. The Finance Department has implemented a grant management software, eCivis, which established a workflow approval process and serves as a centralized database of all City grant applications and awards and as a research tool for grants for all City Departments. City departments continue to actively pursue new grant opportunities as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.

On September 9, 2025, under Resolutions 2025-330, City Council approved a prequalified local consultant list for Civil Engineering services for a period of five (5) to the following four (4) firms BKF Engineers, Black Water Consulting Engineers, Inc. NorthStar Engineering Group, Inc and Siegfried Engineering, Inc. Services to be provided by these firms include but is not limited to grant research, grant writing and grant management.

DISCUSSION:

During the months of January and February 2026, City Manager and Director of Finance approved the following application which required no local match contribution.

Modesto Police Department
(Grant Application $43,292– Local Match $0). 2026/2027 OTS PED/Bike Safety Grant from the California Office of Traffic Safety (OTS): General Grants – FY2027.

The pedestrian and bicycle safety program will support education, outreach, and skill-building activities within the City of Modesto designed to improve pedestrian and bicycle safety. Grant-funded efforts will include pedestrian and bicycle safety presentations, bike rodeos, community bike rides, walking school bus programs, bicycle safety and maintenance workshops, and helmet-fitting and distribution booths. These activities will focus on increasing safety awareness, improving riding and walking skills, enhancing visibility, and promoting safe behaviors among youth, seniors, and other vulnerable roadway users through direct community engagement.
(Grant Application $964,000 – Local Match $0) 2026/2027 OTS STEP Grant from the California Office of Traffic Safety (OTS): General Grants – FY2027. Scope of #9..
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City Council, April 28, 2026
January and February 2026 Grant Application and Awards

Page 3 of 4 ends

the Selective Traffic Enforcement Program (STEP) Grant Includes supporting high-visibility traffic enforcement operations and traffic safety outreach within the City of Modesto aimed at reducing traffic-related injuries and fatalities. Grantfunded activities will include Driving Under the Influence (DUI) saturations patrols, DUI/DUID checkpoints, distracted driving enforcement, street racing and sideshow enforcement, motorcycle safety enforcement, and general traffic enforcement conducted in identified high-risk locations and during peak collision periods. The program will also include traffic safety booths and the deployment of the “beyond the Crash” trailer to enhance public education, increase awareness of traffic safety risks, and reinforce safe driving behaviors within the community. (Grant Application $500,000 – Local Match $0) 2026/27 Cannabis Tax Grant from the Department of California Highway Patrol: Cannabis Tax Fund Grant Program, Education – FY2027. The proposed project funded by this grant will focus on reducing driving under the influence of alcohol and drugs through targeted, high visibility enforcement efforts, supported by the Cannabis Tax Fund Grant Program.

Grant funding will support eighty driving under the influence saturation patrols, conducted during periods when impaired driving is most prevalent, such as evenings, weekends and special events. These saturation patrols will be staffed by sworn police officers operating in individual vehicles to maximize visibility, deterrence, and proactive enforcement. The project will also fund eight air support unit operations, which will enhance officer safety and situational awareness during impaired-driving enforcement activities. In addition, the project will fund the acquisition of two under the influence patrol vehicle and one driving under the influence motorcycle manufactured by Harley Davidson to support saturation patrols, sobriety checkpoints operations, and ongoing traffic safety efforts. These resources will ensure officers are equipped with reliable and purpose-built vehicles necessary to safely conduct traffic stops, investigations, and enforcement operations. All project activities will be carried out in accordance with legal requirements, department policy, and grant guidelines, with the goal of reducing impaired driving, preventing serious injury and fatal collisions, and improving overall roadway safety within the community.
(Grant Application $10,000 – Local Match $0) 2026 Raymus Foundation Grant from the Antone E. & Marie F. Raymus Foundation. Modesto Police Department (MPD) will partner with Healthy Room Project which addresses the physical, emotional and mental health needs of at-risk youth by transforming children’s bedrooms into secure, nurturing spaces in partnership with local law enforcement.

In one day, a team of officers, Healthy room project representatives and community members work together to paint, build new furniture, as well as provide new bedding for children in need. This grant funding will fund the procurement of the materials and equipment needed to make these transformations happen: new beds, desks, dressers, lamps, bedding freshly painted walks, and other essential items for these projects.
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City Council, April 28, 2026
January and February 2026 Grant Application and Awards

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FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on January and February 2026, grant application and awards. A monthly summary by grant application and awards is below:

Grant Applications: $1,517,292
Local Match: $0
COMMITTEE RECOMMENDATION:

Because this item is being presented as information to share the bi-monthly grant applications and awards to Council and public, this item has not been presented to a committee.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an Informational Report for January and February 2026 Grant Applications and Awards.

Approved by:

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

1. January and February 2026 Grant Applications
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Applications Submitted: Organization: Modesto
Projected Funds: Report Date: 03/09/2026
Cash: Requested By: Maria Garnica
In-Kind: Accounting Manager
[email protected]
Information based on all grant applications submitted during the reporting period:

Grant Status Agency Submitted Submitted Projected Award Match Cash In-Kind Application Submitted California Office of Traffic Safety 01/27/2026 $43,292 N/A N/A N/A Grant Status Agency Submitted Submitted Projected Award Match Cash In-Kind Application Submitted California Office of Traffic Safety 01/26/2026 $964,000 N/A N/A N/A Grant Status Agency Submitted Submitted Projected Award Match Cash In-Kind Application Submitted California Highway Patrol 02/18/2026 $500,000 N/A N/A N/A Grant Status Agency Submitted Submitted Projected Award Match Cash In-Kind Application Submitted Antone E. & Marie F. Raymus
Foundation
02/26/2026 $10,000 N/A N/A N/A
Applications Submitted, Created by Maria Garnica, [email protected], 03/09/2026 Source: Euna™ Grants Network®
http://www.ecivis.com/
COM0106 Raymus Foundation Grant
CA1628 California Office of Traffic Safety (OTS): General Grants - FY 2027 2026/27 Cannabis Tax Grant
CA3917 Department of California Highway Patrol: Cannabis Tax Fund Grant Program:

Education - FY 2027
Department: Modesto Police Department
2026/2027 OTS Ped/Bike Safety Grant
CA1628 California Office of Traffic Safety (OTS): General Grants - FY 2027 2026/2027 OTS STEP Grant
2026 Raymus Foundation Grant
Activity Report - Applications Submitted
Report Range: Report Range: 01-Jan-26 - 28-Feb-26
4 $1,517,292
$0
$0
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
Date: April 6, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Patrick Crowley, Interim Public Works Director
SUBJECT: Fleet Replacement – Trailer Mounted Portable Stage CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:

Consider approving the purchase for a Trailer Mounted Portable Stage to Century Industries, LLC, Sellersburg, IN for a total amount not to exceed $275,303. (Funding Source: Measure H)
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:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs including the addition of new vehicles due to the operational needs of the City. Following this process, a Fleet Addition and Replacement List is submitted to Council and is approved as part of a new fiscal year’s Public Works Fleet Budget.

Throughout the fiscal year, replacement vehicles need to be purchased and added to the City’s Fleet inventory due to the operational needs of City departments, especially when the existing vehicle has reached the end of its useful life. The following charts provide a summary of the Fleet Replacement being replaced from our existing City’s Fleet inventory.
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City Council, April 28, 2026
Fleet Replacement – Trailer Mounted Portable Stage

Page 2 of 4 ends

Fleet Replacement:

IFB Description Dept. Year of
Equipment
Meter Repair
Cost
2526-22
Trailer Mounted
Portable Stage
Parks, Recreation and
Neighborhoods 1989 N/A $18,248
This portable stage will be utilized by the Parks, Recreation and Neighborhoods Department in support of special events hosted by the City as well as rentable for community needs, as the proposed units is fully ADA compliant.

DISCUSSION:

HGAC (Helping Governments Across the Country) Buy is a cooperative agency which streamlines the procurement process by developing Requests for Bids (RFB) or Requests for Proposals (RFP) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows HGAC Buy to offer exceptional products from nationally acclaimed vendors.

Invitation for Bids (IFB) 2526-22 One (1) Trailer Mounted Portable Stage On July 22, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for one (1) Trailer Mounted Portable Stage. On May 21, 2020, Request for Proposal (RFP) Parks & Recreation Equipment issued RFP# PR11-20 Contract PR11- 20A09 for Parks & Recreation Equipment on the HGAC Buy
https://hgacbuy.org/contracts/documents (website) and Houston Chronicle. On June 17, 2020, proposals were opened to the public. 28 proposals were received and based on each offeror will be ranked first, second, third, etcetera, based upon product pricing levels, and criteria outlines in the RFP, 16 contracts were awarded for this commodity which includes Parks & Recreation Equipment.

Based on the highest responsive and responsible scored proposer based on the defined evaluation criteria, City staff recommends awarding to Century Industries, LLC, Sellersburg, IN to purchase Parks & Recreation Equipment for an amount not to exceed $250,603.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City is complying with the requirements defined under this code for the one (1) Trailer Mounted Portable Stage.
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City Council, April 28, 2026
Fleet Replacement – Trailer Mounted Portable Stage

Page 3 of 4 ends

For vehicles and equipment, City Staff recommends applying a change order of up to 15% in the event that any market changes occur between the timeframe of when the order is placed with the vendor and when the production of the vehicle is completed.

City staff will ensure any price increases requested by the vendor align with the market change based on using the Commodities Research Unit indexes which focus on indexes related to steel.

FISCAL IMPACT:

The one (1) Trailer Mounted Portable Stage will be funded by Measure H which was approved as part of the Fiscal Year 2025-2026 Measure H Spending Plan. There were no replacement funds collected from the department to address the replacement of the original stage purchased in 1989. The cost of the stage with delivery charge will include an amount of $250,603 which contains sales tax and DMV fees in the amount $20,167.

Below is a summary of the Fleet Replacement Cost and Funding Source:

COMMITTEE RECOMMENDATION:

This item was presented at the Fiscal Year 2025-26 Finance Committee Budget Workshop for purchase of the one (1) Trailer Mounted Portable Stage for the Parks, Recreation and Neighborhood using Measure H funding.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Competitive Bidding Process from HGAC Buy to Century Industries, Sellersburg, IN for the purchase of one (1) Trailer Mounted Portable Stage for an amount not to exceed $255,136 including $20,167 in taxes and fees to be paid directly to the State; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and execute any Change Orders not to exceed 15% of the total purchase price.

Approved by:

DeAnna Christensen, Director of Finance
Patrick Crowley, Interim Public Works Director
IFB No. Type of Fleet
Original
Amount
Change
Order
Amount not
to Exceed
Funding
Source
2526-22 (1) Trailer Mounted Portable Stage $ 250,603 $ 24,700 $ 275,303 Measure H #10..
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City Council, April 28, 2026
Fleet Replacement – Trailer Mounted Portable Stage

Page 4 of 4 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Quote – One (1) Trailer Mounted Portable Stage

3. RFP Scoring Abstract- One (1) Trailer Mounted Portable Stage

4. Financial Interest Disclosure & CA Levine Act – Central Industries #10..
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04/28/2026/FIN/DLove/Item X 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

HGAC BUY TO CENTURY INDUSTRIES, SELLERSBURG, IN FOR THE PURCHASE OF ONE (1) TRAILER MOUNTED PORTABLE STAGE FOR AN AMOUNT NOT TO EXCEED $255,136 INCLUDING $20,167 IN TAXES AND FEES TO BE PAID DIRECTLY TO THE STATE; AND AUTHORIZING THE

DIRECTOR OF FINANCE, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER, AND EXECUTE ANY CHANGE ORDERS NOT TO EXCEED 15% OF

THE TOTAL PURCHASE PRICE
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs including the addition of new vehicles due to the operational needs for the City; and
WHEREAS, following this process, a Fleet Addition and Replacement List is submitted to Council and is approved as part of a new fiscal year’s Public Works Fleet Budget; and
WHEREAS, HGAC (Helping Governments Across the Country) Buy is a cooperative agency which streamlines the procurement process by developing RFBs or RFPs for national competitive solicitations that meet or exceed local requirements; and
WHEREAS, the competitive process is continually refined to best meet agency needs and allows HGAC Buy to offer exceptional products from nationally acclaimed vendors; and
WHEREAS, on July 22, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for the one (1) Trailer Mounted Portable #10..
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04/28/2026/FIN/DLove/Item X 2 2026-XX
Stage; and
WHEREAS, on May 21, 2020, Request for Proposals (RFP) Parks & Recreation Equipment issued RFP# PR11-20 Contract PR11-20A09 for Parks & Recreation Equipment on the HGAC Buy
https://hgacbuy.org/contracts/documents (website) and Houston Chronicle; and WHEREAS, on June 17, 2020, proposals were opened to the public and 28 proposals were received and based on each offeror will be ranked first, second, third, et cetera, based upon product pricing levels, and criteria outlines in the RFP, 16 contracts were awarded for this commodity which includes Parks & Recreation Equipment; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, however, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City is complying with the requirements defined under this code for the one (1) Trailer Mounted Portable Stage; and
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04/28/2026/FIN/DLove/Item X 3 2026-XX
WHEREAS, based on the highest responsible and responsible scored proposer based on the defined evaluation criteria, City staff recommends to award to Century Industries, LLC, Sellersburg, IN to purchase Parks & Recreation Equipment for an amount not to exceed $250,603.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Competitive Bidding Process from HBAC Buy to Century Industries, Sellersburg, IN for the purchase of one (1) Trailer Mounted Portable Stage for an amount not to exceed $255,136 including $20,167 in taxes and fees to be paid directed to the State.

BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to issue the Purchase Order.

BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
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04/28/2026/FIN/DLove/Item X 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of April, 2026, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Contract
No.:

PR11-
20A09
Date
Prepared: 4/6/2026
Buying
Agency:

Contact
Person:

Phone:

Fax:

Email:

Quan Unit Pr Total
1 FR4532 $194,591 $194,591
1 90945 $3,610 $3,610
1 90994 $12,908 $12,908
6 11004 $161 $966
1 90200 $3,659 $3,659
1 56061 $3,876 $3,876
1 10214 $1,626 $1,626
$221,236
Quan Unit Pr Total
1 $19,634.70
$19,634.70
1 2300 miles
$9,200
$250,070.70
BASE UNIT 24'D x 32'L
(32') "QR" Windwall / Backdrop
48" Wheelchair Lift
Deck Tie Downs
Marquee Banner (Hardware Pkg.)
FOB Delivery to - CA
Delivery Date: Estimated
Production Lead Time Starts Upon
PO Date and Deposit
4/6/2027 D. Total Purchase Price (A+B+C):

Subtotal B:

Check: Total cost of Customization Categories (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is:

C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal C:

Total From Other Sheets, If Any:

General Description
of Product: FR4532
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description
Total From Other Sheets, If Any:

Subtotal A:

B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description
Catalog / Price Sheet
Name: FRONTROW CONCERT STAGE
Decorative Stage Skirt, 80' $51PLF

CONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be emailed to [email protected] or faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.

CENTURY INDUSTRIES
Michelle McRae
812.246.3371 x212
City of Modesto
Patrick Crowley
209-342-2274
[email protected]
(Additional) Aluminum Stairs - 36"

CA SALES TAX
[email protected]
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Bid Tabulation Summary - Awardees
Invitation No: PR11-20
Solicitation Type (Bid/Proposal): Bid
Description: Parks & Recreation Equipment
Contract Period: November 1, 2020 to October 31, 2022
Product Code Manufacturer Description Awardees Catalog
Discount
PR11-20A05 BCI Burke 2020 BCI Burke Park & Recreation Catalog BCI Burke Co., LLC (1) 7.00% PR11-20A06 Berliner Seilfabrik Play
Equipment 2020 Berliner Seilfabrik and Urban Design Lines Catalog Playground Specialists, Inc. 6.00% PR11-20A08 Cedar Forest Products 2020 Cedar Forest Shelters Catalog CF Products, LLC 6.00% PR11-20A09 Century Industries 2020 Century Industries Stationary and Mobile Bleachers & Stage Equipment Catalog Century Industries, LLC 5.00%
PR11-20A10 Classic Recreation
Systems, Inc.
2020 Classic Recreation Systems Shade and Shelter
Equipment Catalog Playground Specialists, Inc. 6.00%
PR11-20A11 Columbia Cascade 2020 Playground Equipment, Site Furnishings and Fitness Equipment Catalog Columbia Cascade Co. 5.00%
PR11-20A14 Dog-On-It-Parks 2020 Dog-On-It-Parks Catalog-Dog Park Equipment Catalog The Play Well Group, Inc. (2) 5.00%
PR11-20A18 ExoFit 2020 ExoFit Outdoor Fitness Equipment Catalog Sun Capital Enterprises, LLC, dba Exofit Outdoor Fitness 5.00%
PR11-20A19 Forever Lawn
2020 ForeverLawn Synthetic Surfacing Catalog
(ForeverLawn Landscape, K9Grass, SportsGrass,
Playground Grass, Splashgrass, GolfGreens, and
BocceGrass product lines)
Forever Lawn, Inc. 10.00%
PR11-20A20 Fibar Playground Surfaces 2020 Fibar Safety Surfacing Catalog (4) The Fibar Group, LLC 10.00% PR11-20A21 Freenotes Harmony Park 2020 Freenotes Harmony Park Catalog The Play Well Group, Inc. (2) 5.00% PR11-20A26 Henderson Recreational
Equipment 2020 Henderson Playground and Site Amenities Catalog Henderson USA Recreation Equipment, LTD 10.00% PR11-20A27 Icon Shelter Systems 2020 Icon Shade and Shelter Product Catalog Icon Shelters, Inc. (3) 10.00% PR11-20A29 International Mulch Co. 2020 International Mulch Company Catalog The Play Well Group, Inc. (2) 5.00% #10..

PR11-20A32 Landscape Structures
2020 Landscape Structures Catalog (Park & Playground
Equipment, PlaySense, SkyWays, and Aquatix product
lines)
Landscape Structures, Inc. 6.00%
PR11-20A35 Modern Shade, LLC 2020 Modern Shade Catalog The Play Well Group, Inc. (2) 5.00% PR11-20A36 MyTCoat 2020 MyTCoat Site Furnishings Catalog Playground Specialists, Inc. 6.00% PR11-20A37 National Recreation
Systems (PlayCore) 2020 NRS Bleachers Catalog The Play Well Group, Inc. (2) 5.00% PR11-20A40 Paris Equipment
Manufacturing Ltd.
2020 Paris Site Furnishing and Outdoor Exercise Equipment Catalog Playground Specialists, Inc. 6.00%
PR11-20A41 Petersen Manufacturing 2020 Petersen Site Furnishings Catalog The Play Well Group, Inc. (2) 5.00% PR11-20A42 Pierceton Rubber 2020 Pierceton Rubber Catalog (Dynacushion, PlayPet, DynaBoulder, DynaCurb, and Activity products lines) The Play Well Group, Inc. (2) 5.00% PR11-20A43 Playcraft Systems
(Playcore)
2020 Playcraft Playground Equipment and Site Furnishings Catalogs The Play Well Group, Inc. (2) 5.00%
PR11-20A44 PlayMatta 2020 PlayMatta Playground Surfacing Catalog Matta, LLC 10.00% PR11-20A45 PlayMax Surfacing 2020 PlayMax Playground Surfacing Catalog PlayMax Surfacing, Inc. 5.00% PR11-20A47 PlayWorld (Playworld
Systems, Inc.)
2020 PlayWorld Systems Park & Playground Solutions
Catalog Playground Specialists, Inc. 10.00%
PR11-20A48 PW Athletic Mfg. Co. 2020 Patterson-Williams Athletic Equipment and Site Furnishings Catalogs The Play Well Group, Inc. 5.00%
PR11-20A50 Robertson Recreational
Surfaces (8)
2020 TotTurf, PupTurf, SecureLock, and SplashTread
Safety Surfacing Catalogs The Play Well Group, Inc. (2) 5.00% PR11-20A53 Shade Systems 2020 Shade Covers, Canopies, Tents, Umbrellas & Shelters Catalog Shade Systems, Inc. 3.50%
PR11-20A54 SofSurfaces 2020 SofSurfaces Catalog (DuraSAFE, DuraTRAIN, DuraSOUND, DuraSTRONG, SofRAMP lines) SofSurfaces, Inc. 10.00% PR11-20A57 Stern-Williams Co., Inc. 2020 Stern-Williams Drinking Fountains, Wash Stations, and Outdoor Showers Catalogs The Play Well Group, Inc. (2) 5.00% PR11-20A58
Superior International
Industries/ Superior
Recreational Products
2020 SII Catalogs (Play Components, Grounds for Play,
Open Market; Superior Playgrounds, Superior Shade,
Superior Site Amenities, Superior FX, and Superior
Bleachers lines)
Superior International Industries,
dba Superior Recreation Products 10.00%
PR11-20A61 Vista Furnishings 2020 Vista Site Furnishings Catalog Henderson USA Recreation Equipment, LTD 10.00%
PR11-20A63 Wabash Valley
Manufacturing 2020 Wabash Valley Catalog The Play Well Group, Inc. (2) 5.00% PR11-20A64 Waterplay Solutions Corp. 2020 Waterplay Waterpark Equipment Catalog Waterplay Solutions Corp. 10.00% #10..

PR11-20A65 Zeager's Woodcarpet
(Zeager Bros, Inc) 2020 Zeager's Wood Carpet Catalog Zeager Brothers, Inc. 10.00% (1) BCI Burke: joint bid with this dealer: All Recreation of Virginia, Inc. (3) Icon Shelters: joint bid with these 2 dealers: Park Associated, Inc., dba Park Planet; The Play Well Group, Inc. (2) The Play Well Group: joint bid with Playworks, Inc. #10..
#10..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
Date: April 7, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Shanon Evans, Interim Fire Chief
SUBJECT: Rescinding Resolution 2026-76
CONTACT: Shanon Evans, Interim Fire Chief, [email protected], 209-572-9590
DESCRIPTION:

Consider rescinding Resolution 2026-76 to rectify a clerical error between the Resolution and Lease Amendment with Beard Land Improvement Company of Modesto, CA for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, CA, extending the term of the agreement to March 31, 2029, increasing the agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2025-2026 Strategic Plan focus on quality of life under Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

On March 10, 2026, Council approved, via Resolution 2026-076, the First Amendment to the Lease Agreement with Beard Land Improvement Company, extending the lease for the Modesto Fire Administration Building located at 409 12th St., in Modesto, Ca. The First Amendment approved an extension of the term of the Lease Agreement to June 30, 2029.

DISCUSSION:

After approval at the March 10, 2026, Council meeting, the resolution was found to be signed and ratified with the incorrect term end date of March 31, 2033. This resolution draft will rescind the existing Resolution 2026-76 to rectify the clerical error and match #11..
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City Council, April 28, 2026
Rescinding Resolution 2026-76

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the term that is agreed upon and executed in the First Amendment to the Lease Agreement. All other terms and conditions remain the same as they are stated in Resolution 2026-76.

FISCAL IMPACT:

There is no anticipated fiscal impact with this Resolution.

COMMITTEE RECOMMENDATION:

This item was not presented at the Committee level and was approved to be presented directly to the City Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution rescinding Resolution 2026-76 to rectify a clerical error between the Resolution and Lease Amendment with Beard Land Improvement Company of Modesto, Ca for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, Ca, extending the term of the agreement to March 31, 2029, increasing the agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790 and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

Shanon Evans, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. Copy of Resolution 2026-76

3. Signed Amendment with Beard Land Improvement
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04/28/2026/Fire/SEvans/ItemX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX
RESOLUTION RESCINDING RESOLUTION 2026-76 TO RECTIFY A

CLERICAL ERROR BETWEEN THE RESOLUTION AND LEASE

AMENDMENT WITH BEARD LAND IMPROVEMENT COMPANY OF

MODESTO, CA FOR THE LEASE OF THE MODESTO FIRE DEPARTMENT ADMINISTRATION BUILDING LOCATED AT 409 12TH STREET, MODESTO, CA, EXTENDING THE TERM OF THE AGREEMENT TO MARCH 31, 2029, INCREASING THE AGREEMENT AMOUNT BY $490,716 TO A NEW
ESTIMATED TOTAL AMOUNT NOT TO EXCEED $1,196,790 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AMENDMENT
WHEREAS, on March 5, 2019, by Resolution 2019-110, Council approved a seven-year lease agreement with Beard Land Improvement Company (the “Lease Agreement”) for an amount not to exceed $102,960 annually and a total amount not to exceed $706,074 over the seven-year term that ends on March 31, 2026. At the time, this seven-year total was based on a monthly cost of $7,401, increasing to monthly cost of $8,580 over the seven-year term; and WHEREAS, in January 2019, the Fire Chief and City Manager decided to move the firefighters out of Fire Station 1 due to the continued degradation of the building and numerous roof leaks. To provide a safe working environment for the firefighters and still maintain an effective emergency response to the downtown area, the decision was made to vacate the Administration Building adjacent to Fire Station 1 and move the firefighters into that building as living quarters. This left the Administration staff without a permanent space to work and temporarily staffed two (2) additional locations; and
WHEREAS, Fire Department staff worked with the City’s real estate division to find a long-term lease for adequate office space to accommodate all #11..
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04/28/2026/Fire/SEvans/ItemX 1 2026-XX
administrative staff in the downtown area. Ongoing issues at Fire Station 1 and the relocation of the firefighters into the Administration Building expedited the need for securing a long-term office building. The property located at 409 12th Street accommodated the needs of the organization, as well as provided fiscal efficiency, by securing higher quality space that can accommodate all necessary staff in a single location for a nominal increase in cost over the original 3-year term of the proposed lease; and
WHEREAS, to provide continuity of Administration operations, the Modesto Fire Department (MFD) requires an amendment to the current Lease Agreement with Beard Land Improvement Company to extend the lease of the MFD Administration building located at 409 12th Street, Modesto, CA. This amendment will also include the increase in funding needed to accommodate the three (3) year lease extension; and
WHEREAS, Modesto Municipal Code Section 8-5.202 authorizes the City to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip and lease as lessee, with the proceeds of bonds, a facility solely for the purpose of selling or leasing as lessor such facility to such participating party, and is further authorized to make any contracts for such purposes. The City is also authorized to contract with such participating party to undertake on behalf of the City to construct, enlarge, remodel, renovate, alter, improve, furnish, and equip such a facility. Therefore, this First Amendment to the lease agreement for 409 12th Street shall be authorized to extend the term of agreement through March 31, 2029; and
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WHEREAS, this increase in funds will cover the monthly rent for this 8,820 square foot office site that the Fire Administration staff currently occupies. The monthly base rent will start at $13,230 and increase by 3% each year of the Lease Agreement for a total amount not to exceed $1,196,790 over the threeyear term. This includes the current term ($706,074) plus the additional extended three-year term ($490,716); and
WHEREAS, while the current increase reflects a move toward market value, it remains below prevailing rates. Year one of the First Amendment equates to approximately $18 per square foot. Based on a review of current market data, average asking rent for office space in Modesto generally ranges from $22 to $26 per square foot per year, with rates varying based on building quality, location, and amenities. When compared to these market averages, the proposed lease rate for the Fire Administration Building is below the average office rental rates currently observed in Modesto; and
WHEREAS, on March 10, 2026, via Resolution 2026-076, the Council approved the First Amendment to the Lease Agreement with Beard Land Improvement Company (“First Amendment”), extending the lease for the Modesto Fire Administration Building located at 409 12th St., in Modesto, Ca.

The First Amendment extended the term of the lease to June 30, 2029; and WHEREAS, after approval at the March 10, 2026, Council meeting, it was found that Resolution 2026-76 was signed and ratified with the incorrect term end date of March 31, 2033. This resolution will rescind the existing Resolution 2026- #11..
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76 to approve the term that is agreed upon between the parties in the First Amendment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby rescinds Resolution 2026-76, and approves the First Amendment to the Lease Agreement with Beard Land Improvement Company of Modesto, CA and the City of Modesto for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, Ca, extending the term of the agreement to March 31, 2029, increasing the Agreement amount by $706,074 to a new estimated total amount not to exceed $1,196,790.
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BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all documents and agreements, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of April, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY:

JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-76

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE LEASE

AGREEMENT WITH BEARD LAND IMPROVEMENT COMPANY OF

MODESTO, CA FOR THE LEASE OF THE MODESTO FIRE DEPARTMENT ADMINISTRATION BUILDING LOCATED AT 409 12TH STREET, MODESTO, CA, EXTENDING THE TERM OF THE AGREEMENT TO MARCH 31, 2033, INCREASING THE AGREEMENT AMOUNT BY $490,716 TO A NEW
ESTIMATED TOTAL AMOUNT NOT TO EXCEED $1,196,790 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AMENDMENT
WHEREAS, on March 5, 2019, by Resolution 2019-110, Council approved a seven-year agreement for an amount not to exceed $102,960 annually and a total amount not to exceed $706,074 over the seven-year term that ends on March 31, 2026. At the time, this seven-year total was based on a monthly cost of $7,401, increasing to monthly cost of $8,580 over the seven-year term; and WHEREAS, in January 2019, the Fire Chief and City Manager decided to move the firefighters out of Fire Station 1 due to the continued degradation of the building and numerous roof leaks. To provide a safe working environment for the firefighters and still maintain an effective emergency response to the downtown area, the decision was made to vacate the Administration Building adjacent to Fire Station 1 and move the firefighters into that building as living quarters. This left the Administration staff without a permanent space to work and temporarily staffed two (2) additional locations; and
WHEREAS, Fire Department staff worked with the City’s real estate division to find a long-term lease for adequate office space to accommodate all administrative staff in the downtown area. Ongoing issues at Fire Station 1 and the relocation of the firefighters into the Administration Building expedited the 03/10/2026/Fire/SEvans/Item 18 1 2026-76
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need for securing a long-term office building. The property located at 409 12th Street accommodated the needs of the organization, as well as provided fiscal efficiency, by securing higher quality space that can accommodate all necessary staff in a single location for a nominal increase in cost over the original 3-year term of the proposed lease; and
WHEREAS, to provide continuity of Administration operations, the Modesto Fire Department (MFD) requires an amendment to the current lease agreement with Beard Land Improvement Company to extend the lease of the MFD Administration building located at 409 12th Street, Modesto, Ca. This amendment will also include the increase in funding needed to accommodate the three (3) year lease extension; and
WHEREAS, Modesto Municipal Code Section 8-5.202 authorizes the City to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip and lease as lessee, with the proceeds of bonds, a facility solely for the purpose of selling or leasing as lessor such facility to such participating party, and is further authorized to make any contracts for such purposes. The City is also authorized to contract with such participating party to undertake on behalf of the City to construct, enlarge, remodel, renovate, alter, improve, furnish, and equip such a facility. Therefore, this First Amendment to the lease agreement for 409 12th Street shall be authorized to extend the term of agreement through March 31, 2029; and
WHEREAS, this increase in funds will cover the monthly rent for this 8,820 square foot office site that the Fire Administration staff currently occupies. The 03/10/2026/Fire/SEvans/Item 18 2 2026-76
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monthly base rent will start at $13,230 and increase by 3% each year of the lease agreement for a total amount not to exceed $1,196,790 over the three-year term. This includes the current term ($706,074) plus the additional extended three-year term ($490,716); and
WHEREAS, while the current increase reflects a move toward market value, it remains below prevailing rates. Year one of the amendment equates to approximately $18 per square foot. Based on a review of current market data, average asking rent for office space in Modesto generally ranges from $22 to $26 per square foot per year, with rates varying based on building quality, location, and amenities. When compared to these market averages, the proposed lease rate for the Fire Administration Building is below the average office rental rates currently observed in Modesto.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Lease Agreement with Beard Land Improvement Company of Modesto, Ca and the City of Modesto for the Lease of the Modesto Fire Department Administration Building located at 409 12th Street, Modesto, Ca, extending the term of the agreement to March 31, 2033, increasing the Agreement amount by $490,716 to a new estimated total amount not to exceed $1,196,790.

BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all documents and agreements, in a form approved by the City Attorney. 03/10/2026/Fire/SEvans/Item 18 3 2026-76
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52332560.2/516658.0001

FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (“Amendment”) is made as of XXX (the “Effective Date”) between BEARD LAND IMPROVEMENT COMPANY, a California corporation (“Landlord”), and the CITY OF MODESTO (“Tenant”).

RECITALS
A. Landlord and Tenant entered into that certain Lease dated March 6, 2019 (the “Lease”) under which Landlord leases to Tenant and Tenant leases from Landlord the building located at 409 12th Street, Modesto, Stanislaus County, California, containing approximately 8,820 square feet of rentable space, as more particularly described in the Lease as the Premises.

B. Landlord and Tenant desire to amend the Lease to extend the term of the Lease on the terms and conditions set forth herein.

AMENDMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant do hereby agree as follows:

1. Definitions. The Recitals are hereby incorporated into the terms of this Amendment. All capitalized terms used, but not defined, in this Amendment shall have the meaning ascribed to them in the Lease.

2. Term. The term of the Lease is hereby extended for three (3) years commencing on April 1, 2026, and ending on March 31, 2029 (the “Extended Term”). “Term,” as used in the Lease and this Amendment, shall include the Extended Term.

3. Monthly Base Rent. Tenant shall pay to Landlord, as monthly Base Rent for the Premises during the Extended Term, monthly payments in advance on the first day of each month as follows:

Period Monthly Base Rent
April 1, 2026-March 31, 2027 $13,230.00
April 1, 2027-March 31, 2028 $13,626.90
April 1, 2028-March 31, 2029 $14,035.71

4. Additional Rent and Other Amounts Owed by Tenant. The additional rent payment obligations under Section 4.2 of the Lease are hereby relieved in their entirety.

However, nothing in this First Amendment shall be interpreted to relieve, modify or defer any other obligations of Tenant to pay any amounts owed by Tenant to Landlord under the Lease, such as for maintenance, repairs, and alterations, pursuant to Section 7 of the Lease.

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5. Option. This Section 5 supersedes and replaces in full all options to extend the term of the Lease or similar rights otherwise contained in the Lease, if any, which shall be of no further force or effect. References to Section 15 refer to the section contained in the Lease. (a) Definition. As used in this Section 5 the word “Option” means the right or option to extend the term of the Lease.
(b) Options Tied to Lease. The Option herein granted to Tenant is not assignable separate and apart from the Lease, nor may the Option be separated from the Lease in any manner, either by reservation or otherwise.
(c) Multiple Options. In the event that Tenant has multiple Options to extend the Lease a later Option cannot be exercised unless the prior Option to extend the Lease has been so exercised.
(d) Effect of Default on Options.
(i) Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, (i) during the time commencing from the date Landlord gives to Tenant a notice of default and continuing until the noncompliance alleged in said notice of default is cured, or (ii) during the period of time commencing on the date after a monetary obligation to Landlord is due from Tenant and unpaid (without any necessity for notice thereof to Tenant) and continuing until the obligation is paid, or (iii) at any time after an event of default which does not require notice of such default to Tenant, or (iv) in the event that Landlord has given to Tenant three or more notices of default within any twelve (12) month period, whether or not the defaults are cured during the twelve (12) month period prior to the time that Tenant intends to exercise the subject Option.
(ii) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise an Option because of the provisions of Section 5(d)(i).
(iii) All rights of Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of the Lease, (i) Tenant fails to pay to Landlord a monetary obligation of Tenant for a period of three (3) days after such obligation becomes due, or (ii) Tenant fails to commence to cure a default specified in Section 15.1(b) of the Lease within thirty (30) days after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Tenant commits a default described in Section 15.1(c), 15.1(d), 15.1(e), 15.1(f) or 15.1(g) of the Lease (without any necessity of Landlord to give notice of such default to Tenant), or (iv) Landlord gives to Tenant three or more notices of default within a twelve (12) month period under Section 15.1 of the Lease, whether or not the defaults are cured during the twelve (12) month period prior to the time that Tenant intends to exercise the subject Option. (e) Option to Extend. Tenant shall have four (4) consecutive options to extend the term of the Lease for a period of one (1) year each (each an “Option Period”), provided Tenant gives Landlord irrevocable written notice of its election to exercise such option Docusign Envelope ID: E5ACAE10-EF29-4173-A82E-0468A1BE94C7 #11..
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at least four (4) months but not more than six (6) months prior to the end of the then-current term, subject to Section 5(d).
(f) Rent Increases During Option Periods. If Tenant exercises its option to extend the term of the Lease, the monthly Base Rent for the extended term shall be determined as set forth below:
(i) The monthly Base Rent during the first (1st) year of the applicable Option Period shall be the higher of the then current fair market rental determined in accordance with the following procedure, or the then current monthly Base Rent plus three percent (3%) (the latter of which is referred to herein as the "Minimum Base Rent"):
(A) Landlord and Tenant shall meet on or about the first day of the month following Landlord’s receipt of said written notice exercising the Option and shall attempt to agree on a market value of monthly Base Rent for the Premises (the “FMRV”) for the applicable Option Period. If Landlord and Tenant agree on such a market value of monthly Base Rent within fifteen (15) days of the date of such meeting between Landlord and Tenant, Landlord and Tenant will forthwith execute a written agreement confirming the monthly rental pursuant to this Section 5(f).
(B) If the parties are unable to agree upon a FMRV for the applicable Option Period within the time period provided above, then within ten (10) business days thereafter, Landlord and Tenant shall each submit to the other of them the monthly FMRV proposed by them (which shall be given to each appraiser upon their appointment). Landlord shall appoint an MAI real estate appraiser and immediately notify Tenant in writing of said appointment and of the name and address of the appraiser so appointed, and Tenant upon receipt of such notice shall similarly within the ten (10) business day period appoint an MAI real estate appraiser and immediately notify Landlord in writing of said appointment and of the name and address of the appraiser so appointed. If either party fails to appoint an appraiser within the time period set forth above, and such failure continues for five (5) business days following written notice of such failure from the other party, then the sole appointed appraiser shall be authorized to select the FMRV pursuant to this provision. The two appraisers (or single appraiser, if applicable) shall select either the monthly FMRV proposed by Landlord or Tenant as the monthly FMRV. If the two appraisers do not, within fifteen (15) days after the appointment of the second appraiser, agree upon the monthly FMRV for the Premises, then the two appraisers shall immediately appoint a third MAI real estate appraiser. (If they fail to do so, either party hereto may petition the Superior Court of Stanislaus County to appoint said third appraiser.) Within thirty (30) days following appointment of said third MAI real estate appraiser, such appraiser shall select either the monthly FMRV proposed by Landlord or Tenant as the monthly FMRV, and the higher of that value or the Minimum Base Rent shall be the Base Rent in the Option Period. The decision of the appraiser(s) shall be made in writing and signed by the appraiser(s). Copies of the written decision shall be delivered to Landlord and Tenant. The charges and expenses of the appraisers shall be paid by the party whose determination of monthly Base Rent was not selected. Each appraiser shall have not less than ten (10) years’ experience in appraising commercial properties in Stanislaus County similar to the Premises.

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(ii) In the event the monthly Base Rent is not determined using the foregoing procedure until after the first day of the applicable Option Period, Tenant shall pay the Minimum Base Rent during such Option Period until the new monthly Base Rent is determined and, after the new monthly Base Rent has been determined, shall pay the new monthly Base Rent for the remaining months of the applicable Option Period and shall have ten (10) days after the new monthly Base Rent has been determined to pay Landlord the difference, if any, between the new monthly Base Rent and the Minimum Base Rent that has been paid by Tenant. (g) Extension Terms. Except for the adjustment in the monthly Base Rent provided by Section 5(f) and except as otherwise provided by this Section 5, the Lease shall remain unmodified and in full force and effect during each Option Period provided such Option is validly exercised and becomes effective.

6. Effect of Amendment. Except as expressly amended herein, all other terms and conditions of the Lease shall remain in full force and effect. The Lease, as amended hereby, constitutes the entire agreement of the parties and no further modification of the Lease shall be binding and effective unless evidenced by an agreement, in writing, signed by both Landlord and Tenant. In the case of any inconsistency between the provisions of the Lease and this Amendment, the provisions of this Amendment shall govern and control.

7. Brokers. Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the extension of the term or the other terms and conditions set forth herein and that they know of no real estate broker or agent who is entitled to a commission in connection with this Amendment. Each party agrees to indemnify, protect and defend the other party against, and hold the other party harmless from, any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including without limitation reasonable attorneys’ fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of any dealings with any real estate broker or agent occurring by, through, or under the indemnifying party.

8. Authority. Each signatory of this Amendment hereby represents that he or she has the authority to execute and deliver the same on behalf of the party for which such signatory is acting. Tenant represents that it has not made any assignment, sublease, transfer, conveyance of the Lease or any interest therein or in the Premises.

9. Miscellaneous. This Amendment may be executed in counterparts, each of which shall be deemed an original, but such counterparts, when taken together, shall constitute one agreement. An electronic signature or a signed copy of this Amendment transmitted electronically to the other party shall be binding upon the signatory thereto. [signature page follows]
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IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the date first set forth above.

LANDLORD: TENANT:

BEARD LAND IMPROVEMENT
COMPANY, a California corporation

CITY OF MODESTO
By: Dillon Olvera
Its: President & CEO
Dated:

By:

Its:

Dated:

By:

Its:

Dated:

APPROVED AS TO FORM:

By:

Its:

APPROVED AS TO FORM:

By:

Its:

ATTEST:

By:

Its:

SEAL
Docusign Envelope ID: E5ACAE10-EF29-4173-A82E-0468A1BE94C7 3/25/2026
Shanon Evans
3/25/2026
Interim Fire Chief
Joseph P. Lopez
City Manager
3/25/2026
Risk Manager
Matthew Braley
City Attorney
3/29/2026
City Clerk
Diane Nayares-Perez
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
Date: April 8, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: George Hills, Third-Party Administration Agreement CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving an Agreement for General Liability Third-Party Administration (TPA) to George Hills Company, Rancho Cordova, CA, for a total amount not to exceed $2,511,800 over five (5) years. (Funding Source: General Liability Fund) STRATEGIC PLAN ELEMENT:

This action supports the 2025-2026 Strategic Plan’s Service Delivery Goals and Strategies – Build a High-Performance Organization.

BACKGROUND:

Due to factors that include rising claims costs and complex legal issues, the City of Modesto opted to transfer claims administration from in-house handling to Third-Party Administration (TPA) in 2021. The move allowed the City to receive expert claim handling, save on internal expenses, and allocate resources to other critical areas such as loss prevention and risk control.

Currently, the City of Modesto has a Self-insured retention (SIR) of $1,000,000 on a per claim basis. The City contributes a “premium” annually to pay for excess coverage that reaches $65,000,000 per claim beyond the SIR. The City receives around 300-400 claims on an annual basis, all of which require varying levels of investigation, reporting and processing. Rigorous mandatory reporting requirements, such as those imposed by the Medicare Secondary Payer Act of 2007, and the potential penalties associated with noncompliance highlight the importance of efficient methods for handling third-party claims. #12..
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The TPA model allows the City to benefit from dedicated, experienced claims handlers who can draw on a large knowledge base of past experiences and current trends to assist in reducing both the exposure to liability and the costs associated with litigation. TPA's have specialized skills and knowledge that allow them to effectively and efficiently work with claimants and attorneys in investigating, negotiating and settling liability claims made against the City. The TPA acts as the primary investigator of liability claims and in an advisory role to City staff by making recommendations on the appropriate disposition (settlement or denial) of claims.

On May 25, 2021, by Resolution No. 2021-185, Council approved the Award of Proposal and Agreement for furnishing of General Liability Claims Administration Services to George Hills Company, Rancho Cordova, CA for a two (2) year agreement with three (3) one-year extension options, for an annual estimated cost of $400,000 and a total amount not to exceed $2,000,000 over five (5) years.

On November 25, 2025, by Resolution No. 2025-399 Council approved the First Amendment to the Agreement with George Hills Company, Rancho Cordova, CA, for Third-Party Administration of the City’s General Liability Claims increasing the Agreement amount by $284,500 for a new total not to exceed $2,284,500 to complete the term of the Agreement.

The current Agreement is set to expire on May 24, 2026.

DISCUSSION:

On June 2, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for General Liability Third Party Administration. On October 6, 2025, the Purchasing Division issued Request for Proposals RFP-00037 for the furnishing of General Liability Claims Administration Services on the City’s OpenGov public bidding website under various commodity codes.1 522 prospective bidders were notified online and via email of the bid opportunity. Twenty-nine companies downloaded the RFP document, three (3) of which were local vendors.

On November 18, 2025, proposals were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) companies chose to respond. There were zero (0) local proposals received.

An evaluation committee comprised of four (4) City staff members which included Human Resources, Risk Management, and the City Attorney’s Office evaluated the proposals and Councilmember Nick Bavaro was chosen to observe the RFP process. The evaluation was based on approach and methodology, overall RFP responsiveness and 1 91800 - Consulting Services, 91840 – Employee Benefits Consulting, 91866 – Human Resources Consulting Services, 91867 – Human Services Consulting (To include Mental Health Consulting Service), 91869 – Insurance Consulting, 91875 – Management Consulting, 94807 – Administration Services, Health, -95327 – Claims Processing Services, 95356 – Liability, General, 96116 – Claims Processing Services
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comprehensiveness, qualifications, experience, and technical capability, conformance with proposal requirements and pricing structure/cost.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommended the award of proposal for General Liability Third-Party Administration Services to George Hills Company, Inc., Rancho Cordova, CA. Liability claim administration includes processing, establishing loss reserves, investigating, and defending claims, accounting, providing loss summaries and loss-run reports and assisting the Risk Manager and City Attorney’s Office in the evaluation, management and defense of litigated claims from inception through disposition.

Modesto Municipal Code 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 the responsive and responsible highest scored proposer offering the General Liability ThirdParty Administration Services which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of proposal for General Liability Third-Party Administration Services to George Hills Company, Inc., Rancho Cordova, CA.

FISCAL IMPACT:

Third-party administration (TPA) of the general liability program reduces overall costs by allowing adjustors with specialized skills and training to handle claims. The table below represents an internal estimate of the one-year cost to administer the general liability program internally and with a TPA. By utilizing a TPA, we save 10% on claims payments over the course of an average year, essentially allowing the agreement to pay for itself over time. Third-party administration also reduces the commitment of Risk Division staff, allowing them to focus on other critical elements of loss prevention & control as a further benefit.

Expense Type
SelfAdministrationThird-Party
Administration
Risk Division Staff Time $132,600 $34,320
Supplies and File Storage $1,000 $100
Claims Management System $21,000 $0
Claims Payments & Legal
Services $4,806,000 $4,325,400
TPA Costs $0 $350,000
Totals: $4,960,600 $4,709,720
Projected Savings: $250,780
Below is a five-year history of what the City has spent during the first TPA Contract with George Hills Company:
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George Hills, Third-Party Administration Agreement

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Year of Contract
*Annual Cost for last 5 fiscal
years with annual breakdown:

Year 1 $325,082
Year 2 $383,372
Year 3 $412,404
Year 4 $472,820
Year 5 $325,943 (as of today)
Grand Total: $1,919,621*
Estimated Annual New Contract
Cost: $502,360
Term of New Contract: 5 years
Total New Contract Cost: $2,511,800
Funds are available in the General Liability 5330 fund to cover the full amount requested.

The expenses related to the agreement are included annually as part of the General Liability Internal Service Fund (ISF). The funds in the agreement will come from General Liability Fund 5330 reserves and recovered as part of the Fiscal Year 2026-27 ISF allocation. Additionally, George Hills has proposed to manage subrogation from thirdparties damaging City property for a fee of 30% of actual amount recovered. This creates an opportunity for the City to offset losses caused by third parties and the subrogation fee would not be counted toward the estimate of $502,360 annually.

The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff projected annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on March 23, 2026, and the Committee recommended forwarding this item to Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Proposal and Agreement for General Liability ThirdParty Administration to George Hills Company, Rancho Cordova, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $502,360 and a total not-to-exceed $2,511,800 over five (5) years; and authorizing the City Manager or his designee to execute the Agreement.
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City Council, April 28, 2026
George Hills, Third-Party Administration Agreement

Page 5 of 5 ends

Approved by:

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

1. Resolution

2. Agreement-General Liability Claims Third Party Administration

3. Exhibit A and A-1RFP-00037 General Liability-remediated

4. Exhibit B Contractual Process List Geroge Hills-remediated

5. Scoring Abstract-remediated

6. George Hills Financial Interest Disclosure Form-remediated

7. George Hills Modesto Levine Act Statement Form-remediated #12..
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04/28/2026/HR/CAlger/ 1 2026-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION APPROVING THE AWARD OF PROPOSAL AND AGREEMENT FOR

GENERAL LIABILITY THIRD-PARTY ADMINISTRATION TO GEORGE HILLS COMPANY, RANCHO CORDOVA, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $502,360 AND A TOTAL NOT-TO-EXCEED $2,511,800 OVER FIVE (5) YEARS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, in 2021 the City opted to transfer claims administration from inhouse handling to Third-Party Administration (TPA) due to rising claims costs and complex legal issues. The move allowed the City to receive expert claim handling, save on internal expenses, and allocate resources to other critical areas such as loss prevention and risk control, and
WHEREAS, the City has a Self-insured retention (SIR) of $1,000,000, on a per claim basis. The City contributes a “premium” annually to pay for excess coverage that reaches $65,000,0000 per claim beyond the SIR. The City receives 300-400 claims on an annual basis, all of which require varying levels of investigation, reporting, and processing. Rigorous mandatory reporting requirements, such as those imposed by the Medicare Secondary Payer Act of 2007, and the associated penalties associated with non-compliance highlight the importance of efficient claim handling method; and WHEREAS, the TPA model allows the City to benefit from dedicated, experienced claims handlers who can draw on a large knowledge base of past experiences and current trends to assist in reducing both the exposure to liability and the costs associated with litigation. TPA's have specialized skills and knowledge that allow them to effectively and efficiently work with claimants and attorneys in investigating, negotiating and settling liability claims made against the City. The TPA #12..
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04/28/2026/HR/CAlger/ 2 2026-xxx
acts as the primary investigator of liability claims and in an advisory role to City staff by making recommendations on the appropriate disposition (settlement or denial) of claims; and
WHEREAS, on May 25, 2021, by Resolution No. 2021-185, Council approved the Award of Proposal and Agreement for furnishing of General Liability Claims Administration Services to George Hills Company, Rancho Cordova, ca for a two (2) year agreement with three (3) one-year extension options, for an annual estimated cost of $400,000 and a total amount not to exceed $2,000,000 over five (5) years; and WHEREAS, on November 25, 2025, by Resolution No. 2025-399, Council approved the First Amendment to the Agreement with George Hills Company, Rancho Cordova, CA, for Third-Party Administration of the City’s General Liability Claim increasing the agreement amount by $284,500 and new total not to exceed of $2,284,500 to complete the term of the agreement; and
WHEREAS, the current Agreement is set to expire on May 24,2026, necessitating a new contract; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. The award of proposal and contract for general liability third-party administration services to George Hills Company, Rancho Cordova, CA, conforms to the Municipal Code 8-3.203 because they had the highest-ranking score.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Proposal and Agreement for General Liability #12..
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04/28/2026/HR/CAlger/ 3 2026-xxx
Third-Party Administration to George Hills Company, Rancho Cordova, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $502,360 and a total amount not to exceed $2,511,800 over five (5) years.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of April 2026, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

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

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

FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and George Hills Company, a California corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that a General Liability Claims Third Party Administration should be prepared for the CITY to assist with claims handling and administration services related to City General Liability Claims.
b. CONSULTANT represents that it is qualified, willing, and able to provide the services to prepare said document(s).

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

1. 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: MAY 25, 2026 through MAY 24, 2027
Year 2: MAY 25, 2027 through MAY 24, 2028
Year 3: MAY 25, 2028 through MAY 24, 2029
Year 4: MAY 25, 2029 through MAY 24, 2030
Year 5: MAY 25, 2030 through MAY 24, 2031
Pricing shall remain firm for the first two (2) years of the agreement.

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 CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

2. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) and (A-1) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) and (A-1) in a manner compatible #12..
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2 with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY.

3. COMPENSATION.

CONSULTANT agrees to the annual estimated amount of $502,360 and a sum not to exceed $2,511,800 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A). Compensation for the services described in (A-1) is contingency-based and deducted from the amount recovered rather than paid directly by the CITY.

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

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.

CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.

CITY shall pay CONSULTANT by Net 45 Days via manual check.

4. OBLIGATIONS OF CONSULTANT.

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

5. PERFORMANCE BY KEY EMPLOYEE.

CONSULTANT has represented to CITY that Jackie Wallace 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 #12..
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3 without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT 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 AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.

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

7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.

CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.

9. AMENDMENTS.

This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.

10. INDEPENDENT CONTRACTOR.

All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both #12..
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4 CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.

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 CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return #12..
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5 receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR
CONSULTANT:

George Hills Company
Attention: John Chaquica
PO Box 120
Rocklin, CA 95677
(916) 859-4824
[email protected]
CITY: City of Modesto
Human Resources
Attention: Matthew Braley
P.O. Box 642
Modesto, CA 95353
(209) 577-5446
[email protected]

14. INSURANCE REQUIREMENTS.

During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

15. TERMINATION OF AGREEMENT.

Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not 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 services 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 services for any reason. The City shall provide no less that 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. #12..
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6 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:

A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the work as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.

I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain 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 or 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:

J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. 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 #12..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.

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

16. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.

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

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

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

18. ATTORNEY'S FEES.

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

19. ENTIRE AGREEMENT.

This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, 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 of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

This AGREEMENT shall be governed according to the laws of the State of California. #12..
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9 24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

CONSULTANT will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attested by its City Clerk under authority of Resolution No. 20___ - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and George Hills Company has caused this AGREEMENT to be duly executed as of the Effective Date. #12..
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EXHIBIT B
AGREEMENT NO. 318458

GENERAL LIABILITY THIRD PARTY ADMINSITRATION

CONTRACTUAL PRICE LIST

DESCRIPTION UNIT PRICE
Annual flat rate fee for claims administration (subject to annual escalation) billed in 12 monthly increments.
$456,000 per year
$38,000 per month (12)
Annual administration fee (billed beginning of each contract year)
$10,500
CMS annual reporting fee (billed beginning of each contract year
$500
Subrogation services On a contingency basis of 30%
of the damages for which we
attempt to recover.

1. COMPENSATION, FEES AND EXPENSES
Pursuant to Section 3, “Compensation,” the following compensation, fees and expenses, shall be paid in consideration for the services provided by GH to the City of Modesto as described in this Standard Agreement for Consultation Services in Section 2 – Scope of Services. This Section shall remain in force and services provided during the entire term of this Contract, unless otherwise amended in writing by the parties.

The compensation to be paid pursuant to this Contract are comprised of three distinct categories:

A: “Administrative Services”
B: “Fees for Claim Adjusting Services”
C: “Allocated Costs/Expenses”
The Fees and Costs/Expenses pursuant to subsections “A”, “B”, and “C” will be billed together monthly in a standard invoice format utilized by GH. Additionally, if the CITY elects any optional services identified subsections “F” or “G” below, all additional amounts will also be billed together monthly where applicable.

A. Administration Services
1) Annual Administration Fee: $10,500.00 which is billed annually at the beginning of the Contract period and thereafter upon the anniversary of the Contract. #12..
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2) MMSEA: There is a $500 annual reporting fee, charged to support our contract with our service provider for reporting to CMS. This fee is billed annually at the beginning of the Contract period.
3) System Access Fee: Access to the claims management information system, “CMIS”, which includes the setup and management of up to five (5) “read only” user accounts. “Read/write” access to the system can be obtained for an additional fee. 4) iMetrics Report Fee: There will be no charge for our iMetrics business intelligence reports with executive in-person debriefs.
5) George Hills Client Portal: GH operates a client interface which is intended to provide the CITY with information regarding claims related and loss information. CITY will be provided with access for two (2) users at no additional cost.
6) Custom Reports: Additional charges for custom reporting shall be defined as, requiring a third-party programmer for three hours or more and is client specific. 7) Annual Fee Escalator: The Annual Fixed Fee and all hourly rates in this Contract shall be adjusted at the beginning of the third year of the term by the lesser of, 5% or in accordance with the changes in the Consumer Price Index (CPI-U) for all Urban Consumers for the Western Area using the annual percentage change published in the most recent month, but in any event such increase shall not be less than 3% and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year. 8) General File: A general administrative file shall be established and maintained to track effort related to services necessary to fulfill our contractual obligations and not otherwise associated with a claim.

B. Fees for Claim Adjusting Services
1) Annual Fixed Fee of $456,000. In exchange for the services provided under this Contract by GH, CITY shall pay to GH the following Annual Fixed Fee(s).

Fixed Fee*
Year One $456,000
$38,000 per month (12)
*All Fee options are subject to the Annual Fee Escalator described above.

C. Allocated Costs/Expenses
GH will charge to the CITY both allocated and non-allocated costs and expenses incurred pursuant to this Contract as stated herein and defined further in Attachment D, “Allocated Expenses.”
1) Mileage Reimbursement: Mileage traveled will be paid at the IRS rate in effect at the time the mileage is travled. This section applies to mileage which can be allocated to a specific claim and also mileage which is not allocated to any claim, such as attendance at claim review, board and/or committee meetings requested or required by the CITY. #12..
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2) Adjuster Travel Expenses: GH will separately charge for any travel expenses in connection with attendance at mediations, settlement conferences, trials, etc. This will be subject to prior approval and actual expenses will be submitted with receipts on a monthly basis. This section applies to travel expenses which can be allocated to a specific claim and also travel expenses which are not allocated to any claim, such as attendant at claim review, board and/or committee meetings.

D. Payment Schedule
GH will submit its invoices to CITY, and payment shall be made by CITY, within a reasonable period of time, not to exceed forty-five (45) days from the date of the invoice.

E. Electronic Funds Transfer Or Direct Deposit
GH has determined that the most efficient and secure default form of payment for goods and/or services provided under Contract with CITY shall be Electronic Funds Transfer (EFT) or direct deposit, unless an alternative method of payment is deemed appropriate by both GH and CITY and agreed to in writing.

GH will submit a direct deposit authorization request via to CITY with banking and vendor information, and any other information that the CITY determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

At any time during the duration of the Contract, GH may submit a written request for an exemption to this requirement. Such request must be based on specific legal, business or operational needs and GH will explain why the payment method designated by the CITY is not feasible and an alternative is necessary.

F. First PartySubrogation Services And Fees
GH is a claim administration firm experienced in the handling of first party subrogation claims and is ready and capable of performing such services on behalf of CITY pursuant to Exhibit A1 of this Standard Agreement. The fee for these services is 30% of the gross recovery. #12..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353

EVALUATION TABULATION
RFP No. RFP-00037
General Liability Third Party Administration
RESPONSE DEADLINE: November 18, 2025 at 11:00 am
Report Generated: Thursday, January 8, 2026

AGGREGATE SCORES SUMMARY
Vendor Evaluator 1 Evaluator 2 Evaluator 3 Evaluator 4 Total Score (Max Score 100)
George Hills 84.8 91.8 88.8 93.8 89.8
Carl Warren & Company 85 90 89 92 89

VENDOR SCORES BY EVALUATION CRITERIA
Vendor Approach and
methodology
Points Based
30 Points (30%)
Overall RFP
responsiveness and
comprehensiveness
Points Based
20 Points (20%)
Qualifications, experience, and
technical capability. Points Based
20 Points (20%)
Conformance with
proposal
requirements
Points Based
10 Points (10%)
Pricing Structure /
Cost
Reward Low Cost
20 Points (20%)
Total Score
(Max Score 100)
George Hills 28.8 18.5 19 9.8 13.8 89.8
Carl Warren &
Company
25 18 16.3 9.8 20 89
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FINANCIAL INTEREST DISCLOSURE FORM
Any contract award to result from this RFP process and Proposer’s submission of a Proposal 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 Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer 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
Proposer shall identify any person with a financial interest in the Proposer 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 Proposer 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 Proposer 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 Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer 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.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
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California Levine Act Disclosure
California City
if
and for . .
-
ity

1. ity
contract?
___ YES ___ 2.
ity
___ YES ___
#12..
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may
ity _________________ _____________________________ Date _____________________________ #12..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
Date: April 8, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving an Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Bertolotti Modesto Disposal, Inc., Modesto, CA, for a total amount not to exceed $158,950 over five (5) years. (Funding Source: Sewer Operations Fund)
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 City of Modesto uses Republic Services, Inc., Forward Landfill (Forward), to dispose of Wastewater Screening and Grit. Forward is located in Manteca, CA, and is the closest landfill to the City that is approved by the Central Valley Regional Water Quality Control Board to accept wastewater solids. The City must contract with a trucking company to move the City owned bins filled with the grit to Forward Landfill.

Wastewater Screening and Grit (Grit) removal is part of the City’s wastewater treatment process. Grit (dirt, rocks, sand, eggshells, etc.) enters the Sutter Wastewater Treatment plant through pipelines from the City’s collection system. Part of the treatment process is to isolate and remove these items. The grit must be profiled and properly disposed of at a permitted landfill.
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City Council, April 28, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Page 2 of 4 ends

On April 9, 2024, by Resolution 2024-121, Council approved an agreement for the transport of non-hazardous wastewater debris to disposal site services with Compactor Management Company LLC, Union City, CA. However, the vendor has implemented substantial price increases over the term of the agreement, resulting in costs that are no longer fiscally sustainable for the City. To ensure prudent stewardship of public funds, staff propose terminating the agreement with Compactor Management Company LLC in year three (3) and transitioning services into a more cost-effective provider.

DISCUSSION:

On October 8, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services. On December 15, 2025, The Wastewater Division issued an Invitation to Bid (IFB) – 00049 for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services on the City’s OpenGov public bidding website under various commodity codes1. 4,555 prospective bidders were notified online, which included forty-nine (49) local vendors. Thirty-five (35) companies downloaded the IFB document from OpenGov.

City staff scheduled a mandatory site walk for prospective bidders for January 7, 2026, and three (3) vendors attended.

On January 23, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) vendors 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 transport of non-hazardous wastewater debris to disposal site services agreement to Bertolotti Modesto Disposal Inc., Modesto, CA, for a (2) two-year agreement with (3) three one-year extension options for an estimated annual amount of $29,645, for a total amount not to exceed $158,946, over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal 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 the Transport of Non-Hazardous Wastewater Debris to Disposal Site services for the Utilities Department to Bertolotti Modesto Disposal Inc., Modesto, CA.

FISCAL IMPACT:

Actual contract year expenditures for the current transportation of wastewater grit services agreement with Compactor Management over the past two years are listed below:
1 90682 Solid Wastes; Disposal Systems – Architectural Services, 91027 Garbage/Trash Removal, 95812 Bio-Solids Management Services, 96239 Hauling Services, 96800 Public Works and Related Services, 96871 Solid or Liquid Waste Disposal, 96895 Wastewater Treatment Plant, Operation and Testing, 96896 Water and Wastewater Treatment Services
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Economic Development Committee, April 6, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Page 3 of 4 ends

Agreement Year Date Range Expenditure
1 5/7/24 – 5/6/25 $20,996
2 5/7/25 – To Date $36,054
TOTAL $57,050
ANTICIPATED AGREEMENT EXPENDITURES:

Without being able to determine the exact number of loads there may be in any given year, staff must ensure that the annual estimated number of bins allows for any unforeseen process changes and needs for additional hauling. The new contract pricing for an estimated 49 loads per year at $605 per load is:

Year 1 Year 2 Year 3 Year 4 Year 5 NTE
Estimated Annual $29,645 $29,645 $29,645 $31,365 $33,185

5.8%CPI Increase 0 0 $1,720 $1,820 $1,925
Total $29,645 $29,645 $31,365 $33,185 $35,110 $158,950
The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve months.

City staff projected annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

Sufficient funds are budgeted in the Sewer Operations Fund in account 4210-44312- 53100.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on April 6, 2026, and the Committee recommended forwarding this item to Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the Award of Bid and Agreement for the transport of NonHazardous Wastewater Debris to Disposal Site Services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a (2) two-year Agreement with (3) three one-year extension options, for an estimated annual amount of $29,645, for a total amount not to exceed $158,950, over five (5) years and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, April 28, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Page 4 of 4 ends

Approved by:

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

1. Resolution

2. Agreement

3. Exhibit B - Bid Submittal

4. Exhibit C - IFB-00049

5. Exhibit D – Insurance Requirements

6. Exhibit E - Pricing

7. Cost Abstract

8. Financial Interest Disclosure

9. CA Levine Act
#13..
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1 2026-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

THE TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO
DISPOSAL SITE SERVICES TO BERTOLOTTI MODESTO DISPOSAL INC., MODESTO, CA FOR A (2) TWO-YEAR AGREEMENT WITH (3) THREE ONEYEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $29,645 AND A TOTAL AMOUNT NOT TO EXCEED $158,950 OVER FIVE

YEARS AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, Wastewater Screening and Grit (Grit) removal is part of the City’s wastewater treatment process. Grit (dirt, rocks, sand, eggshells, etc.) enters the Sutter Wastewater Treatment plant through pipelines from the City’s collection system; and WHEREAS, part of the treatment process is to isolate and remove these items so that the grit can be profiled and properly disposed of at a permitted landfill; and WHEREAS, to dispose of Wastewater Screening and Grit the City must contract with a trucking company to move the bins filled with the grit to the closest landfill that is approved by the Central Valley Regional Water Quality Control Board to accept wastewater solids; and
WHEREAS, on October 8, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for the Transport of Hon-Hazardous Wastewater Debris to Disposal Site Services; and
WHEREAS, on December 15, 2025, the Purchasing Division issued IFB No. 00049, for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services on the City’s OpenGov public bidding website under various commodity codes; and WHEREAS, on January 7, 2026, City staff scheduled a mandatory site walk for prospective bidders, three (3) vendors attended; and
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2 2026-XXX
WHEREAS, on January 23, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, based on providing the lowest responsive and responsible bid, City staff recommends the award of bid for the transport of non-hazardous wastewater debris to disposal site services to Bertolotti Modesto Disposal Inc., Modesto, CA.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreement for the Transport of NonHazardous Wastewater Debris to Disposal Site Services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a (2) two-year agreement with (3) three one-year extension options, for an estimated annual amount of $29,645 and a total amount not to exceed $158,950, over five years.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of April 2026, by Councilmember XXX who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:
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3 2026-XXX
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT FOR
TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE SERVICES – AGREEMENT #320926
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 BERTOLOTTI MODESTO DISPOSAL, INC., a California 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 Transport of Non-Hazardous Wastewater Debris to Disposal Site 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 Transport of NonHazardous Wastewater Debris to Disposal Site Services as described in IFB-00059, 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. #13..
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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 $29,645. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $158,950. 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: Ben Koehler, [email protected] Purchasing Representative: Armando Fabro, [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:

Steve Holloway
(209) 988-7650
[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: May 7, 2026 through May 6, 2027
Year 2: May 7, 2027 through May 6, 2028
Year 3: May 7, 2028 through May 6, 2029
Year 4: May 7, 2029 through May 6, 2030
Year 5: May 7, 2030 through May 6, 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 #13..
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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 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 320926
• 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, #13..
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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-00059;
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; #13..
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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. #13..
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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: Bertolotti Modesto Disposal, Inc.

Attention: Bobbi Glave
PO Box 127
Ceres, CA 95307
(209) 537-8000
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Armando Fabro
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. #13..
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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. #13..
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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. #13..
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10 29. WAIVER:

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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 C, 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:

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. 2026 - _______, adopted by the Council of the City of Modesto on the 7th day of April, 2026 and BERTOLOTTI MODESTO DISPOSAL, INC. has caused this Agreement to be duly executed. #13..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services RESPONSE DEADLINE: February 3, 2026 at 11:00 am
Report Generated: Tuesday, February 3, 2026
Bertolotti Modesto Disposal, Inc. Response

CONTACT INFORMATION
Company:

Bertolotti Modesto Disposal, Inc.

Email:
[email protected]
Contact:

Steve Holloway
Address:

P.O. Box 127
ceres, CA 95307
Phone:
(209) 988-7650
Website:

N/A
Submission Date:

Jan 26, 2026 3:54 PM (Pacific Time)
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site 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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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site 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. #13..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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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 #13..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site 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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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site 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:

Option B - Manual Check
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
Pass
No
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. #13..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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Confirmed
NO GUARANTEE OR WARRANTY*
Pass
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.

Bertolotti Modesto Disposal, Inc.
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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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.

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

N/A
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?
CA
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
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
231 Flamingo Drive
Modesto, CA 95358
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. www.bertolottidisposal.com
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Bobbi Glave
Controller
(209) 537-8000 Ext 123
(209) 404-5313
PO Box 127
Ceres, CA 95307
No Fax
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 77-0574873

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

N/A
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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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
Bert Bertolotti CEO
Steve Holloway General Manager
Brian Bertolotti Secretary
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 05/29/2001
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
• Country
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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• Postal Code
231 Flamingo Drive
Modesto, CA 95358
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.
1222851

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
BIDDER CUSTOMER REFERENCES*
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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Pass
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Bidder_Customer_References.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Interest_Disclosure__IFB.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*
Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors.pdf
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statements.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...

Key_Personnel.pdf
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Modesto_Levine_Act_Statement_Form.pdf
SUBCONTRACTORS?*
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No

4. 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.

No response submitted
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

PRICE TABLES
Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin (6-12
tons) Cost
Total
1 20 Yard Bin 5 EA $605.00 $3,025.00
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

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Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin (6-12
tons) Cost
Total
2 26 Yard Bin (required in both primary and secondary sites) 5 EA $605.00 $3,025.00 TOTAL $6,050.00

EQUIPMENT RENTAL FEE
Rental Fee shall include delivery, pick-up, taxes, and associated fees.

Line Item Description Quantity Unit of
Measure
Monthly Fee
per location
Total
1 26 Yard Bin 2 EA $0.00 $0.00
TOTAL $0.00
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BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
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Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
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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.

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. #13..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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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:
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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:
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BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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Key Personnel – Operations Oversight
Bertolotti Disposal
Melissa Acosta — Roll-Off Manager.

Ms. Acosta is responsible for the day-to-day management of Bertolotti Disposal’s roll-off operations serving the City of Modesto, ensuring safe, reliable, and compliant service in accordance with City standards and applicable local, state, and federal requirements. She has been employed with Bertolotti Disposal since 2010, has served in her current role as Roll-Off Manager for nearly five (5) years, and brings more than fifteen (15) years of solid waste industry experience. Her responsibilities include roll-off route scheduling, container deployment and removal, driver supervision, equipment readiness, coordination with dispatch and customer service, and resolution of service issues. Ms. Acosta serves as a primary operational point of contact for roll-off services and supports service quality, responsiveness, and operational efficiency.

Julio Zamora — Route Manager.

Mr. Zamora is responsible for the supervision and coordination of collection routes serving the City of Modesto, ensuring consistent service delivery, route efficiency, and compliance with City performance standards and regulatory requirements. He has been employed with Bertolotti Disposal since 2009, has served in his current role as Route Manager for nearly five (5) years, and brings more than sixteen (16) years of solid waste industry experience.

His duties include daily route oversight, driver supervision, coordination with dispatch and customer service, and adherence to safety and operational protocols. Mr. Zamora supports service reliability, timely issue resolution, and continuous operational improvement across assigned routes.
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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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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00049
FOR

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE SERVICES BIDS DUE: February 3, 2026 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00049

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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-00049

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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 Transport of Non-Hazardous Wastewater Debris to Disposal Site Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Wastewater 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, February 3, 2026, 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. #13..
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4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: December 15, 2025
Mandatory Site Visit (Mandatory): January 7, 2026, 8:00am 1221 Sutter Ave. Modesto, CA 95351
Questions Due via City's OpenGov
Procurement portal:

January 14, 2026, 5:00pm
Addendum Issued (if required): January 21, 2026
Bid Due Date & Time: February 3, 2026, 11:00am
Approximate Contract Award: May 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 Wednesday, January 14, 2026. 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. #13..
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5 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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6 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, February 3, 2026. 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. #13..
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7 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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8 • 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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9 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. #13..
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10 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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11 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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12 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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13 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. #13..
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14 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.** Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin
(6-12 tons)
Cost
Total
1 20 Yard Bin 5 EA
2 26 Yard Bin (required in both
primary and secondary sites)
5 EA
TOTAL

EQUIPMENT RENTAL FEE
Rental Fee shall include delivery, pick-up, taxes, and associated fees.

Line Item Description Quantity Unit of
Measure
Monthly
Fee per
location
Total
1 26 Yard Bin 2 EA
TOTAL
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15 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.
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16 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. #13..
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17 ☐ 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:

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18 • 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:

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 - ePay (Preferred)
☐ Option B - Manual Check
*Response required
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
☐ Yes
☐ No
*Response required
When equals "Yes"
PLEASE ENTER THE PREFERRED EMAIL ADDRESS TO SET UP EPAY.* *Response required
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
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19 *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. ☐ 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. #13..
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20 ☐ 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. ☐ 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
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21 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
• 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:
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22 • Full Street Address
• City
• State
• Country
• Postal Code
*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...
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23 *Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
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
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24 BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? ☐ Yes
☐ No
*Response required
When equals "Yes"
SUBCONTRACTOR LIST*
Please download the below documents, complete, and upload. • Subcontractor_List_IFB.pdf
*Response required

ADDITIONAL BID INFORMATION

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
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25 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SCOPE OF WORK
The City of Modesto, Utilities Department, Wastewater Division is seeking a qualified Contractor fore the transport of Non-Hazardous Wastewater Debris, three to five times a month, to Disposal Site in City owned/rented Grit Bins. The City currently owns a 20 Yard Grit Bin, shown on Attachment A, and will require a 26 Yard Grit Bin rental from the Contractor. The disposal of debris will be paid by the City of Modesto to Forward Inc. The successful bidder shall furnish all labor, equipment, fuel, licenses, permits and insurance necessary to perform the work covered by these specifications on an as need basis.

Current pick up locations are:

Primary Wastewater Treatment Plant
1221 Sutter Ave.

Modesto, CA 95351
Secondary Wastewater Treatment Plant
7007 Jennings Ave.

Modesto, CA 95358
Disposal Site:

Forward Inc.
9999 S. Austin Road
Manteca, CA 95336

DELIVERY REQUIREMENTS
The successful bidder shall have the capability to pick up and return bins Monday through Thursday 6:00 A.M - 4:30 P.M.

CITY REPRESENTATIVE
Work under any resulting agreement shall be performed under the general technical guidance and direction of the "City 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 effected only by written change to the agreement, issued by the City of Modesto, Purchasing Division. #13..
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26 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.

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.

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, including parts, materials or equipment by action of the elements, or rom 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.

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 immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.
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27 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.

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. #13..
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28 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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29 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. #13..
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30 6. PAYMENT
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

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

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

8. VENUE & GOVERNING LAW
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

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31 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-00049
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;
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 #13..
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32 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.

13. FAILURE TO PERFORM SATISFACTORY WORK
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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33 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:

CONTRACTOR: ____________
____________
____________
____________
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34 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 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
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35 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 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 #13..
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36 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.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit B, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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37 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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38 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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39 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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40 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.

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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
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Line Item Description Unit of Measure Per Bin (6-12 tons) Cost 1 20 Yard Bin EA $ 605.00
2 26 Yard Bin (required in both primary and secondary sites) EA $ 605.00 Total
Line Item Description Unit of Measure Monthly Fee per location 1 26 Yard Bin EA $ -
Total
Exhibit E - Pricing
Equipment Rental Fee
City of Modesto
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Bertolotti Modesto Disposal, Inc.

Selected Line Item Description Estimated Monthly Pickups Unit of Measure Per Bin (6-12 tons) Cost Total X 1 20 Yard Bin 5 EA $ 605.00 $ 3,025.00
X 2 26 Yard Bin (required in both primary and secondary sites) 5 EA $ 605.00 $ 3,025.00 Total $ 6,050.00
Equipment Rental Fee
Selected Line Item Description Quantity Unit of Measure Monthly Fee per location Total 1 26 Yard Bin 2 EA $ - $ -
Total $ -
Grand Total: $ 6,050.00
City of Modesto
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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.

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.

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. #13..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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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.

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.

_____________________________
Company/Applicant Name
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Date: April 15, 2026
TO: Mayor and City Council
FROM: Citizens’ Salary Setting Commission
SUBJECT: Citizens’ Salary Setting Commission Final Recommendations for Mayor and Councilmembers‘ Salaries
CONTACT: Diane Nayares-Perez, Clerk of the Citizens’ Salary Setting Commission, 209-577-5396, [email protected]
DESCRIPTION:

Consider accepting the Citizens’ Salary Setting Commission 2026 Recommendations for the Mayor and Councilmembers’ salaries and setting a public hearing for the May 12, 2026 Council meeting to consider an Ordinance amending the salaries pursuant to Modesto Charter Section 703. (Funding Source: General Fund) BACKGROUND:

On February 5, 2008, voters approved Measures M (Accountability in City Hall), which amended Modesto City Chater Section 703. Charter Section 703(b)1 added the formation of a Citizens’ Salary Setting Commission whose function is to recommend the compensation for the Mayor and Members of the Council. According to the Charter, the Commission shall meet between March 1st and April 30th of every even-numbered year. The Charter further states the recommendation of the Commission will be made by April 30th of every even-numbered year.

Additionally, Charter Section 703(d) outlines the procedure for establishing compensation as follows:
”Each recommendation by the Commission, together with the reasons for the recommendation, shall be made in writing by the Commission.

Before any such recommendation is provided to the Council, a draft recommendation shall be made available to the public and the Commission shall hold at least two public hearings on the matter before it adopts its final recommendation.
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTVIITHCO_S703COELOF

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 28, 2026
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City Council, April 28, 2026
Citizens’ Salary Setting Commission Final Recommendations for Mayor and Councilmembers‘ Salaries

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Modesto City CouncilApril 28, 2026

Modesto City Council
April 28, 2026