local government shall be eligible for a grant only if it either allows the retail sale of cannabis in storefronts or, for jurisdictions with a population of 10,000 residents or less, allows cannabis delivery in the jurisdiction that serves both medicinal and adult-use consumers.
The Board of State and Community Corrections shall prioritize grant awards for local governments whose grant application includes illicit cannabis enforcement.
The board may award grants both competitively and based on a formula to provide consistent and ongoing funding for local governments to implement the programs described in this subparagraph. (Rev. & Tax Code, § 34019, subd. (f)(3)(C).)
This grant made $125 million available competitively to local jurisdictions (city, county, or city and county in the State of California). Applicants proposed activities, strategies, or programs (eligible activities) that address a minimum of one (1) of the listed project purpose areas. The City of Modesto falls within the “Medium Cities” category, with a maximum grant award of $4,500,000.
DISCUSSION:
On June 25, 2026, the Modesto Police Department was notified, that it had been awarded $4,495,735 through the California Board of State and Community Corrections (BSCC) 2026 Proposition 64 Public Health and Safety Grant Program. The grant agreement extends from July 1, 2026, through December 31, 2031, including a five-year implementation period and a six-month closeout period to complete the required program evaluation and financial audit.
The grant provides a significant opportunity to strengthen the City's ability to address the public health and safety impacts associated with illegal cannabis activity. While Proposition 64 established a regulated framework for the cultivation and sale of cannabis, illegal cultivation sites, unlicensed retail operations, and organized cannabis trafficking continue to undermine those objectives. These activities are frequently associated with additional criminal conduct, including narcotics trafficking, illegal weapons possession, hazardous electrical modifications, environmental contamination, and nuisance properties that negatively affect surrounding neighborhoods.
MPD’s grant program will implement a comprehensive, intelligence-led enforcement strategy focused on identifying, investigating, and dismantling illegal cannabis operations throughout the City. Enforcement efforts will utilize targeted investigations, surveillance operations, aerial reconnaissance, coordinated inspections of suspected illegal retail locations, and collaborative enforcement with City Code Enforcement personnel and the Stanislaus County District Attorney's Office. This coordinated approach is intended to disrupt organized criminal enterprises, improve prosecution outcomes, protect licensed cannabis businesses operating within the regulated marketplace, and improve neighborhood safety.
#17..
- 957 -
City Council, October 13, 2026
Acceptance of 2026 Proposition 64 Public Health and Safety Grant Program
The grant program also addresses a significant regional enforcement gap created by the disbandment of the Stanislaus County Sheriff's Marijuana Enforcement Team.
Current departmental resources must balance cannabis investigations with other highpriority narcotics investigations involving fentanyl, methamphetamine, and other dangerous controlled substances. This grant funding will provide dedicated overtime resources that allow focused cannabis enforcement without diverting personnel from existing public safety responsibilities or reducing service levels elsewhere in the community.
In addition to supporting enforcement operations, the grant funding will fund specialized equipment and technology that enhances investigative capabilities, officer safety, evidence collection, aerial reconnaissance, and operational coordination. These investments provide long-term value by establishing sustainable enforcement capabilities that will continue to support illegal cannabis investigations beyond the life of the grant.
The Department will measure program effectiveness through established performance metrics, including enforcement activity, investigations initiated, illegal cultivation site eradications, code enforcement actions, arrests, seizures, and prosecution outcomes.
These performance measures will be reported to the BSCC throughout the grant period and will be used to continually evaluate program effectiveness, guide operational decisions, and ensure accountability for grant expenditures.
Acceptance of this grant provides the City of Modesto with a significant investment in public safety that enhances enforcement capabilities, protects neighborhoods and environmental resources, supports legitimate businesses operating within California's regulated cannabis market, and addresses criminal activity associated with the illicit cannabis economy. The grant requires no local matching funds, allowing the City to expand public safety services and investigative capacity without additional impact to the General Fund.
FISCAL IMPACT:
The grant will result in amending the Fiscal Year 2026-27 annual operating and multiyear non-capital project budget to set up the account for the grant as outlined in the chart below:
BSCC BUDGET LINE ITEM GRANT FUNDS
Salaries and Benefits $3,133,592
Services and Supplies $120,585
Equipment and Fixed Assets $1,214,158
Other (travel, Training, etc.) $2,400
Total $4,495,735
#17..
- 958 -
City Council, October 13, 2026
Acceptance of 2026 Proposition 64 Public Health and Safety Grant Program
The on-going costs associated with licensing and subscription fees will be absorbed into the Department’s General Fund operating budget as deemed appropriate at the conclusion of the grant. The grant will be a drawdown reimbursement and will be paid quarterly in areas for actual expenses incurred. Funding included in the Salaries and Benefits category provides for overtime associated with proactive enforcement efforts, enabling personnel to conduct grant-related operations.
COMMITTEE RECOMMENDATION:
This item was not presented to a Committee due to time constraints.
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 accepting the Board of State and Community Corrections (BSCC) 2026 Proposition 64 Public Health and Safety Grant Program Award in the amount of $4,495,735 with no match requirement, and authorizing the City Manager, or his designee, to execute the grant agreement and all related documents.
Resolution amending the Fiscal Year 2026-2027 annual Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $4,495,735 related to the Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program; and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
#17..
- 959 -
City Council, October 13, 2026
Acceptance of 2026 Proposition 64 Public Health and Safety Grant Program
Attachments:
1. Resolution – Proposition 64 Public Health and Safety Grant Acceptance
2. Resolution – Budget Amendment
3. BSCC Proposition 64 Public Health and Safety Grant Program Award Agreement #17..
- 960 -
10/13/2026/MPD/BMeredith/ItemX 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ACCEPTING THE BOARD OF STATE AND COMMUNITY
CORRECTIONS (BSCC) 2026 PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM AWARD IN THE AMOUNT OF $4,495,735 WITH
NO MATCH REQUIREMENT, AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE THE GRANT AGREEMENT AND ALL
RELATED DOCUMENTS
WHEREAS, in November of 2016, voters approved Proposition 64, the Control, Regulate, Tax Adult Use of Marijuana Act (AUMA). The act provides that a portion of the tax revenue from the cultivation and retail sale of cannabis or cannabis product be appropriated; and
WHEREAS, Section 34019 of the Revenue and Taxation Code (RTC), relating to cannabis, was amended by Senate Bill No. 141, CH. 18, in June 2025 for administration of funding; and
WHEREAS, the Modesto Police Department was notified, that it had been awarded $4,495,735 through the California Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program; and WHEREAS, the Modesto Police Department has a detailed work and spending plan for the $4,495,735 in grant funds from the BSCC.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program award in the amount of $4,495,735.
#17..
- 961 -
10/13/2026/MPD/BMeredith/ItemX 2 2026-XX
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Grant Agreement, any amendments, and all related documents necessary to implement the grant.
BE IT FURTHER RESOLVED that grant funds will supplement, and not supplant, existing local funding.
BE IT FURTHER RESOLVED that the City agrees to all terms and conditions of the Grant Agreement
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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
#17..
- 962 -
10/13/2026/MPD/BMeredith/ItemX 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION AMENDING THE FISCAL YEAR 2026-2027 ANNUAL
OPERATING AND MULTI-YEAR PROJECT BUDGET TO APPROPRIATE
REVENUE AND EXPENSES IN THE AMOUNT OF $4,495,735 RELATED TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS 2026
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE
NECESSARY STEPS TO IMPLEMENT THE REQUIRED BUDGET
ADJUSTMENT
WHEREAS, the Modesto Police Department (MPD) has been awarded a grant in the amount of $4,495,735 from the Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program; and WHEREAS, certain budgetary adjustments are necessary to account for the programming of revenues and expenses related to the Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program Grant to establish transfers, recognize grant revenue and appropriation of expenditure budgets in the multi-year non-capital project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2026-2027 Multi-Year Non-Capital Budget by a total of $4,495,735 in transfers, revenues and expenses in grant funds for the Board of State and Community Corrections 2026 Proposition 64 Public Health and Safety Grant Program Grant.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to take the necessary steps to implement the required budget adjustments necessary for this action.
#17..
- 963 -
10/13/2026/MPD/BMeredith/ItemX 2 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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
#17..
- 964 -
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC145626 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1456-26 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF MODESTO, POLICE DEPARTMENT
2. The term of this Agreement is:
START DATE
July 1, 2026
THROUGH END DATE
December 31, 2031
3. The maximum amount of this Agreement is:
$4,495,735.00
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (02/2025) 4
Exhibit D Special Terms and Conditions 4
Attachment 1* Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Request for Proposals * Attachment 2 Proposition 64 PH&S Grant Program Cohort 4 Application for Funding 25 Appendix A Proposition 64 PH&S Grant Program Cohort 4 Scoring Panel Roster 1 Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at:
https://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF MODESTO, POLICE DEPARTMENT
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
1010 10TH STREET MODESTO CA 95354
PRINTED NAME OF PERSON SIGNING TITLE
JOSEPH LOPEZ CITY MANAGER
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 #17..
- 965 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
1. GRANT AGREEMENT – Proposition 64 Public Health and Safety Grant Program This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and the City of Modesto, Police Department (hereafter referred to as the Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. Modesto Police Department is requesting funding for equipment and staff for the following targeted areas: - Identify, investigate, and deter illicit commercial cannabis activity - Protect community safety, consumer health, and the licensed cannabis market - Prevent youth cannabis use – Promote healthy decision-making by youth - Support early intervention and youth engagement - Build competencies for successful transition into adulthood.
B. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 64 PH&S Grant Request for Proposals (incorporated by reference) and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, which are attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.
B. The Grantee’s Designated Financial Officer and Project Director must be employees of the Contractor. The Grantee’s project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: JOSEPH LOPEZ
Title: CITY MANAGER
Address: 1010 10TH STREET, MODESTO, CA 95354
Phone: 209-577-5404
Email: [email protected]
Designated Financial Officer authorized to receive warrants:
Name: DEANNA CHRISTENSEN
Title: DIRECTOR OF FINANCE
Address: 1010 10TH STREET, MODESTO, CA 95354
Phone: 209-577-5387
Email: [email protected]
Project Director authorized to administer the project:
Name: BRANDON GILLESPIE
Title: CHIEF OF POLICE
Address: 600 10TH STREET, MODESTO, CA 95354
Phone: 209-572-9500
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party. #17..
- 966 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 2 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:
Quarterly Progress Report Periods Due no later than:
1. July 1, 2026 to September 30, 2026 November 15, 2026
2. October 1, 2026 to December 31, 2026 February 15, 2027
3. January 1, 2027 to March 31, 2027 May 15, 2027
4. April 1, 2027 to June 30, 2027 August 15, 2027
5. July 1, 2027 to September 30, 2027 November 15, 2027
6. October 1, 2027 to December 31, 2027 February 15, 2028
7. January 1, 2028 to March 31, 2028 May 15, 2028
8. April 1, 2028 to June 30, 2028 August 15, 2028
9. July 1, 2028 to September 30, 2028 November 15, 2028
10. October 1, 2028 to December 31, 2028 February 15, 2029
11. January 1, 2029 to March 31, 2029 May 15, 2029
12. April 1, 2029 to June 30, 2029 August 15, 2029
13. July 1, 2029 to September 30, 2029 November 15, 2029
14. October 1, 2029 to December 31, 2029 February 15, 2030
15. January 1, 2030 to March 31, 2030 May 15, 2030
16. April 1, 2030 to June 30, 2030 August 15, 2030
17. July 1, 2030 to September 30, 2030 November 15, 2030
18. October 1, 2030 to December 31, 2030 February 15, 2031
19. January 1, 2031 to March 31, 2031 May 15, 2031
20. April 1, 2031 to June 30, 2031 August 15, 2031
Note: Project activity period ends June 30, 2031. The period of July 1, 2031 to December 31, 2031 is for completion of Final Local Evaluation Report and program-specific compliance audit only.
#17..
- 967 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 3 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan November 20, 2026
2. Final Local Evaluation Report December 31, 2031
C. Other Due no later than:
Program-Specific Compliance Audit December 31, 2031
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.
Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Proposition 64 PH&S Scoring Panel (See Appendix A) from receiving funds from the Proposition 64 PH&S grants awarded under this RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Proposition 64 PH&S Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Proposition 64 PH&S Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.
#17..
- 968 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 4 OF 4
EXHIBIT A: SCOPE OF WORK
Rev 04/2020
8. STATE AUDIT REQUIREMENTS
Grantees are required to provide the BSCC with a program-specific compliance audit the covers the entire service delivery period of the grant (July 1, 2026 to December 31, 2031). The audit report will be due no later than the end of the contract term, December 31, 2031. The program-specific compliance audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
In addition, the BSCC reserves the right to call for a program, compliance or financial audit at any time between the execution of the grant agreement and three (3) years following the end of the grant period.
The Department of General Services, State Controller, the California State Auditor, the Department of Finance, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this grant. #17..
- 969 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods: Due no later than:
1. July 1, 2026 to September 30, 2026 November 15, 2026
2. October 1, 2026 to December 31, 2026 February 15, 2027
3. January 1, 2027 to March 31, 2027 May 15, 2027
4. April 1, 2027 to June 30, 2027 August 15, 2027
5. July 1, 2027 to September 30, 2027 November 15, 2027
6. October 1, 2027 to December 31, 2027 February 15, 2028
7. January 1, 2028 to March 31, 2028 May 15, 2028
8. April 1, 2028 to June 30, 2028 August 15, 2028
9. July 1, 2028 to September 30, 2028 November 15, 2028
10. October 1, 2028 to December 31, 2028 February 15, 2029
11. January 1, 2029 to March 31, 2029 May 15, 2029
12. April 1, 2029 to June 30, 2029 August 15, 2029
13. July 1, 2029 to September 30, 2029 November 15, 2029
14. October 1, 2029 to December 31, 2029 February 15, 2030
15. January 1, 2030 to March 31, 2030 May 15, 2030
16. April 1, 2030 to June 30, 2030 August 15, 2030
17. July 1, 2030 to September 30, 2030 November 15, 2030
18. October 1, 2030 to December 31, 2030 February 15, 2031
19. January 1, 2031 to March 31, 2031 May 15, 2031
20. April 1, 2031 to June 30, 2031 August 15, 2031
Final Invoicing Periods: Due no later than:
21. July 1, 2031 to September 30, 2031 November 15, 2031
22. October 1, 2031 to December 31, 2031 February 29, 2032 *Note: Only expenditures associated with completion of the Final Local Evaluation Report and the financial audit may be included on these last two invoices.
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the program-specific compliance audit) must be expended by the end of the grant project period, June 30, 2031, and included on the invoice due August 15, 2031. Project expenditures spent after June 30, 2031 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by December 31, 2031. Expenditures spent for the completion of the Final Local Evaluation Report during the period of July 1, 2031 to December 31, 2031 must be submitted during the Final Invoicing Periods, with the final invoice due on February 29, 2032. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.
D. The program-specific compliance audit is due to BSCC by December 31, 2031. Expenditures spent for the completion of the financial audit during the period of July 1, 2031 to December 31, 2031 must be submitted during the Final Invoicing Periods, with the final invoice due on February 29, 2032. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.
D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.
#17..
- 970 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 2 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
E. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures.
Grantees are required to maintain supporting documentation for all expenditures for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records. Grantee also agrees to maintain such records for possible audit for a minimum of three (3) years after final payment.
F. The BSCC maintains the right to disallow all or any portion of an invoice at any time based upon information or documentation uncovered through a site visit, desk review, audit, etc. The BSCC may disallow all or any portion of an invoice even after an invoice is approved or paid.
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3)(C).
B. If Proposition 64 PH&S funding is reduced or falls below estimates contained within the Proposition 64 PH&S Cohort 4 Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the March 2026 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. #17..
- 971 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 3 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.
C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.
D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.
E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.
B. The BSCC may withhold the final payment amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final quarterly progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the program-specific compliance audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. #17..
- 972 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 4 OF 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
8. PROJECT BUDGET
BUDGET CATEGORIES
A. GRANT FUNDS
FOR PPA 1 (PUBLIC
SAFETY/
ENFORCEMENT)
B. GRANT
FUNDS FOR
PPAs 2-4
TOTAL
REQUESTED
GRANT FUNDS
(A+B)
1. Salaries and Benefits $3,133,604 $0 $3,133,604
2. Services and Supplies $120,585 $0 $120,585
3. Professional Services or
Public Agency Contracts $0 $0 $0
4. Non-Governmental
Organization (NGO) $0 $0 $0
5. Equipment/Fixed Assets $1,214,158 $0 $1,214,158
6. Other (Travel, Training,
etc.) $2,400 $0 $2,400
7. Indirect Costs $25,000 $25,000
TOTAL $4,470,747 $0 $4,495,747
#17..
- 973 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (02/2025)
Rev 04/2020
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic #17..
- 974 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 2 OF 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (02/2025)
Rev 04/2020
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency 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, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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 goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective #17..
- 975 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 3 OF 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (02/2025)
Rev 04/2020
at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false #17..
- 976 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 4 OF 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (02/2025)
Rev 04/2020
information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
A. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.) B. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
C. Notification shall be provided to the State designee identified in this Contract.
D. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
E. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
F. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract. #17..
- 977 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2:
Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the [Grant Program Name] RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
#17..
- 978 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 2 OF 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.
B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract. #17..
- 979 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 3 OF 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, or approved modifications; 3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement.
Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to #17..
- 980 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 4 OF 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.
10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16645 through 16649 to this Grant Agreement and agrees to the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.
C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.
11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
#17..
- 981 -
BSCC Powered by Submittable
Title City of Modesto/Modesto Police
Department
by Michelle Belarmino in Proposition 64 Public
Health & Safety Grant Program, Cohort 4-
Request for Proposals
600 10th Street
Modesto, California
95354
United States
209-572-9614
[email protected]
03/26/2026
id. 53637905
Original Submission 03/26/2026
Score n/a
KEY INFORMATION The Proposition 64 Public Health & Safety Grant Program, Cohort 4 Request for Proposals is organized into five (5) sections: Part I – Applicant Information Part II – Proposal Abstract Part III – Proposal Narrative Part IV – Project Budget (upload attachment) Part V – Attachments: Mandatory and Optional (upload attachments) Each section contains fields that require a response. Applicants may be prompted to provide written text, numerical input, select radial button options, or upload attachments. Some narrative response fields have character limits. When a character limit applies, a counter will display the total number of allowable characters and will update to show the number remaining as text is entered. Character limits include all letters, numbers, punctuation, and spaces. If the character limit is exceeded, a red prompt will appear stating: “You have exceeded the character limit.” Applicants may start and stop their application at any time during the solicitation period. To ensure information is saved in the BSCC– Submittable Application, applicants must select “Save Draft” at the bottom of the application before exiting. Applicants are prohibited from submitting the Prop 64 Grant Program, Cohort 4 application until all mandatory fields (identified with a red asterisk) are completed, all character limits are met, and all required documents have been uploaded. Applicants should review the Prop 64 Cohort 4 RFP Instruction Packet before beginning the application. The Instruction Packet contains all information necessary to successfully complete and submit the Prop 64 Cohort 4 application. The document is available at: http://www.bscc.ca.gov/proposition-64-publichealth-safety-grant-program/..
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Proposition 64 Public Health & Safety Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act. The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
#17..
- 982 -
PART I - APPLICANT
INFORMATION
This section requires information about the applicant (County/City), grant funds being requested, proposed project synopsis and project officials.
Name of City or
County Applicant
City of Modesto/Modesto Police Department
Applicant Category Medium county or city (with 50,000 to 500,000 residents) *Check this box if
you are a city or
county with a
population under
10,000.
unchecked
Tax Identification
Number
946000374
Lead Public Agency
(LPA) Information
This sub-section requires information about the governmental agency with local authority of or within the applicant county or city that will be acting as the LPA. All Prop 64 grantees are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA.
The role of the LPA is to coordinate with local government agencies and non-governmental organizations (if applicable) to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, overseeing evaluative activities, and will serve as the primary point of contact with the BSCC.
Name of Lead Public
Agency (LPA)
City of Modesto
Project Title Public Health & Safety Grant
Project Summary Modesto Police Department is requesting funding for equipment and staff for the following targeted areas: - Identify, investigate, and deter illicit commercial cannabis activity - Protect community safety, consumer health, and the licensed cannabis market - Prevent youth cannabis use - Promote healthy decision-making by youth - Support early intervention and youth engagement - Build competencies for successful transition into adulthood Project Purpose
Areas (PPAs)
PPA 2: Public Health
PPA 1: Public Safety/Enforcement (Applicants that dedicate at least 70% of their budget to PPA 1 will earn priority points)
Applicant's Physical
Address
600 10th Street
Modesto
California
95354
US
37.636887
-120.995749
#17..
- 983 -
Applicant's Mailing
Address (if different
than physical
address)
PO Box 642
Modesto
California
95353
US
37.655203
-121.016641
Mailing Address For
Reimbursement
Payments
PO Box 642
Modesto
California
95353
US
37.655203
-121.016641
Project Director Brandon
Gillespie
Project Director's
Title
Chief of Police
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+12095779500
Financial Officer DeAnna
Christensen
Financial Officer's
Title
Director of Finance
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+12095775387
Day-To-Day Program
Contact
Thomas
Moffett
Day-To-Day Program
Contact's Title and
Agency/Department/Organization
Lieutenant Modesto Police Department
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+12095779500
#17..
- 984 -
Day-To-Day Fiscal
Contact
Alex
Pena
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Financial Analyst City of Modesto
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+12095715511
Name of Authorized
Officer*
Joseph
Lopez
Authorized Officer's
Title
City Manager
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+12095775404
I hereby certify I am
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
checked
PART II -
PROPOSAL
ABSTRACT
The Proposal Abstract should provide a brief summary of the proposed project. This section will not be included in the rating of the proposal. #17..
- 985 -
PROPOSAL
ABSTRACT
The City of Modesto, with a population of approximately 219,765 residents, is the 19th largest city in California and serves as a regional hub within Stanislaus County. Located along the Highway 99 corridor and in close proximity to Interstate 5, Modesto sits within one of California’s most productive agricultural regions. While these characteristics contribute to economic vitality, they also make the area highly vulnerable to the proliferation of illegal cannabis cultivation, unlicensed retail operations, and organized drug trafficking activity.
Despite the legalization of cannabis under Proposition 64, illegal cannabis markets continue to thrive in Modesto, undermining licensed businesses, contributing to environmental degradation, and posing significant risks to public health and safety. Illegal cultivation sites often involve hazardous pesticides, water theft, and unsafe electrical modifications, while unlicensed retailers frequently distribute untested products, including those accessible to minors.
The Modesto Police Department (MPD) proposes a comprehensive, intelligence-led enforcement strategy designed to disrupt and dismantle illegal cannabis operations at all levels—from independent operators to sophisticated Drug Trafficking Organizations (DTOs).
Key enforcement priorities include:
• Identification and eradication of illegal cannabis cultivation sites • Investigation and prosecution of DTOs and organized criminal networks involved in cannabis trafficking
• Enforcement against unlicensed retail storefronts and delivery services • Targeting individuals engaged in independent illegal cultivation and sales • Strengthening case outcomes through coordinated prosecution with the Stanislaus County District Attorney’s Office and Department of Environmental Resources
To achieve these objectives, MPD will deploy specialized personnel on a dedicated overtime basis, ensuring focused enforcement efforts without impacting department operations. This model allows for precision-based operations, eliminates mission creep, and ensures accountability through clearly defined performance metrics.
Operational strategies will include:
• Use of aerial reconnaissance to identify large-scale cultivation sites • Intelligence-driven investigations utilizing surveillance, data analysis, and informant development to identify networks and co-conspirators • Coordinated inspections of suspected illegal retail locations • Community engagement efforts to enhance reporting, awareness, and deterrence
Through this grant, MPD will significantly enhance its ability to reduce illegal cannabis activity, protect the environment, and improve community safety.
PART III -
PROPOSAL
NARRATIVE
This section requires responses
#17..
- 986 -
Proposal Narrative
Instructions
The Proposal Narrative includes four sections: Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation. The character limits and page equivalents for each narrative section are outlined below and must be followed when preparing proposal materials. The Project Need narrative may not exceed 8,400 total characters. The Project Description narrative may not exceed 14,000 total characters. The Project Organizational Capacity and Coordination narrative may not exceed 5,600 total characters. The Project Evaluation narrative may not exceed 5,600 total characters.
Proposal Need Project Need – PPA 1: Public Safety / Enforcement
1.1 Relationship to Proposition 64 Intent
Despite the legalization of cannabis under Proposition 64, illegal cannabis activity continues to undermine the core intent of the law by sustaining an unregulated market that threatens public safety, harms the environment, and disadvantages licensed operators. Proposition 64 established a framework to regulate cannabis, reduce illicit activity, and protect public health; however, illegal cultivation, distribution, and sales remain prevalent in many regions, including the City of Modesto.
Illegal cannabis operations circumvent regulatory safeguards, resulting in the distribution of untested products, environmental degradation, and the continued involvement of organized criminal enterprises. These activities directly conflict with the goals of the California Board of State and Community Corrections Proposition 64 Public Health and Safety Grant Program, which prioritizes enforcement efforts to reduce illicit cannabis activity, mitigate environmental harm, and improve community safety.
This project is specifically designed to support the intent of Proposition 64 by targeting illegal cannabis operators, disrupting criminal networks, and restoring the integrity of the regulated cannabis market. Award of this grant will allow the Modesto Police Department to procure the necessary equipment and overtime funding to establish a team to safely investigate and abate illegal cannabis activity.
________________________________________
1.2 Relationship to Project Purpose Area (PPA 1: Public Safety / Enforcement)
The Modesto Police Department (MPD) is seeking funding under Project Purpose Area 1: Public Safety / Enforcement to address the increasing complexity and scope of illegal cannabis activity within the city.
Illegal cannabis operations in Modesto are frequently linked to broader criminal activity, including narcotics trafficking, weapons violations, and organized crime. On May 29, 2025, MPD executed multiple search warrants targeting illegal cannabis operations and seized approximately 10 pounds of illicit fentanyl pills and 11 pounds of precursor chemicals, demonstrating the direct nexus between illegal cannabis and other dangerous narcotics.
Additionally, illegal cultivation sites present safety hazards, including:
• Fire risks due to illegal electrical bypasses in indoor grows: For example, on February 27th, 2025, a local residence was burned to the ground as a result of illegal wiring designed to power an illegal indoor cannabis grow. • Increased likelihood of armed confrontations and robberies • Criminal networks engaged in multi-drug distribution
These conditions directly impact community safety and require a focused #17..
- 987 -
enforcement response. This project aligns with PPA 1 by prioritizing enforcement actions that disrupt illegal cannabis markets, dismantle criminal organizations, and reduce associated crime.
________________________________________
1.3 Local Service Gaps Contributing to Need
A significant gap in enforcement capacity exists within Stanislaus County due to the disbandment of the Stanislaus County Sheriff's Office Marijuana Enforcement Team (MET). This specialized unit previously focused on illegal cannabis cultivation and related activity. In fiscal year 2023, MET seized and destroyed 35,030 plants, 2,111 lbs. processed marijuana, and 68 firearms. Its elimination has created a regional enforcement void, leaving no dedicated unit addressing illegal cannabis within the county or the City of Modesto.
At the local level, MPD currently staffs a single narcotics unit consisting of one sergeant and five investigators responsible for all drug-related investigations, including fentanyl, methamphetamine, synthetic drugs, and cannabis. This limited staffing model restricts the department’s ability to proactively investigate illegal cannabis activity, forcing reliance on reactive enforcement.
Additionally, the City of Modesto’s current financial constraints prevent the establishment of a dedicated or overtime-based enforcement team without external funding. As a result, illegal cannabis operations are able to persist and expand with limited disruption.
The absence of dedicated regional and local resources has significantly reduced enforcement capacity, contributing directly to the need for this project.
________________________________________
1.4 Local Data Supporting the Need
Local data and operational intelligence demonstrate that illegal cannabis activity is widespread and ongoing within Modesto.
During a recent four-day aerial operation utilizing MPD’s fixed-wing aircraft “SKY1,” officers identified 17 large-scale, sophisticated illegal outdoor cannabis cultivation sites within a concentrated area. Based on historical trends and intelligence, MPD estimates that at least 100 illegal outdoor cultivation sites currently exist within the city, in addition to indoor grows and illegal retail operations. Despite the scale of the problem, only 31 cases involving the cultivation and sale of marijuana were conducted in 2025, resulting in 35 arrests. In addition to cannabis-related charges, those arrested also faced charges including possession of a loaded firearm, vehicle theft, and child endangerment. Six of the arrested parties were on probation or parole. There are currently 66 outstanding warrants in the City of Modesto for the cultivation and sale of marijuana. Lack of a combination of staffing and funding allows the issue to continue to permeate through the community and reduce quality of life.
Enforcement actions have also demonstrated the connection between illegal cannabis and broader criminal activity. The May 29, 2025, operation resulted not only in cannabis-related arrests but also the seizure of significant quantities of fentanyl and precursor chemicals.
Environmental data further supports the need for enforcement. According to a February 2026 CalMatters report citing the Integral Ecology Research Center, nearly 7,000 illegal and abandoned cannabis grow sites have been identified on California public lands, many involving water diversion, chemical contamination, and environmental degradation.
#17..
- 988 -
The risk is particularly relevant to Modesto due to the presence of the Tuolumne River, which provides drinking water to approximately 2.7 million Bay Area residents and irrigates over 200,000 acres of farmland. Illegal cultivation activities involving pesticides, fertilizers, and hazardous waste pose a direct threat to this critical water source.
Additionally, community complaints related to illegal cannabis operations— including odors, nuisance properties, and suspected criminal activity— continue to generate calls for service and strain departmental resources. ________________________________________
1.5 Process Used to Determine Need
The need for this project was identified through a combination of operational data analysis, field enforcement experience, and collaboration with key stakeholders.
MPD personnel, including narcotics investigators, code enforcement officers, and command staff, have observed a consistent pattern of illegal cannabis activity throughout the city. Intelligence gathered through investigations, aerial surveillance operations, and community complaints has informed the scope and scale of the problem.
MPD has also coordinated with local and regional partners, including the Stanislaus County District Attorney’s Office, Department of Environmental Resources, and other public safety stakeholders, to assess enforcement challenges and resource gaps. The Modesto Police Department has also solicited feedback from legally permitted cannabis retailers in the city.
Community input has also played a role in identifying need. Residents and business owners have reported ongoing concerns related to illegal cannabis operations, including quality-of-life issues and perceived increases in criminal activity.
This multi-source approach—combining data, enforcement experience, and stakeholder input—has clearly demonstrated the need for a dedicated, proactive enforcement strategy supported by grant funding.
Project Description 2.1 Proposed Project Description
The Modesto Police Department (MPD) proposes a comprehensive, intelligence-led enforcement project designed to disrupt and dismantle illegal cannabis operations within the City of Modesto. This project directly addresses the enforcement gap identified in Section 1 and aligns with Project Purpose Area 1: Public Safety / Enforcement.
Project Components
The proposed project consists of five integrated enforcement components:
1. Targeted Enforcement Operations (130 Operations)
MPD will conduct an average of 26 enforcement operations per year (130 total for five-year grant cycle) focused on illegal cannabis cultivation and sales. These operations will include search warrants, site eradication, arrests of involved individuals, and seizure of illegal cannabis and associated evidence. Operations will prioritize large-scale outdoor grow sites, indoor residential grow sites, and DTO-linked activities. Each operation is projected to last six hours on average and budgeted for five officers and one supervisor (police sergeant) for tactical and investigative purposes, one community service officer to assist with processing and booking evidence, and one code enforcement officer to evaluate unsafe conditions including electrical, mold, and non-permitted structures to facilitate administrative action and subsequent penalties.
Due to lack of an established marijuana eradication team, several items will #17..
- 989 -
need to be acquired for safe and effective operations. These include:
• A dedicated truck and trailer capable of securely hauling away seized plants
• Entry tools and ballistic shields to safely gain access to locations during the service of search warrants
• Hand tools, power tools, and personal protective equipment (PPE) to dismantle illegal grow sites
• Tower lights to illuminate indoor grow sites where electrical systems have been illegally modified and deemed unsafe
• An EV cargo van to securely store and carry all abatement equipment, supplies, and process/transport collected evidence
• Two (2) small unmanned aerial vehicles with relevant software licensing, commonly referred to as drones, to conduct a preliminary safety sweep inside locations deemed potentially dangerous or hazardous • A “sprinter” style van outfitted as a forward command post to safely monitor and coordinate staff while conducting search warrant service for large outdoor grows
• A tethered unmanned aerial vehicle to provide real-time intelligence to the command post
• Six (6) ruggedized laptops for field reporting and evidence processing
2. Surveillance and Intelligence Operations (200 Operations) MPD will conduct an average of 40 surveillance and intelligence operations per year (200 total for five-year grant cycle) to identify emerging illegal cannabis locations, map criminal networks, and develop probable cause for enforcement actions. These efforts will include physical surveillance, the deployment of cameras and trackers, informant development, composing search warrants and operations plans, reviewing investigative materials and tips, and intelligence analysis to identify co-conspirators and distribution networks. These operations are expected to average six hours each consisting of one police supervisor (sergeant) and five police officers.
To successfully achieve this component, a combination of various overt and covert surveillance equipment is requested to improve efficiency, gather detailed evidence to enhance prosecution, and provide a visible deterrent to potential offenders:
• Two (2) Class 2 unmanned aerial vehicles (UAVs) with high-quality camera systems for conducting covert surveillance of locations and suspects. Capable of flying at high altitudes in various types of weather. • Five-year license for relevant software for operation and management of two (2) UAVs.
• Fifteen (15) covert vehicle trackers with accompanying five-year license.
Used to identify associated locations where additional illegal cannabis cultivation may be occurring, dried product stored, or illicit funds hid. • Six (6) stabilized binocular sets. Designed to assist investigators with physical surveillance while at a safe distance to avoid compromising investigations while getting detailed evidence.
• Two (2) covert car camera systems with accessories, allowing investigators to deploy a hidden camera within an unmarked vehicle at locations where other investigative methods are not practical. • Fifteen (15) covert light head surveillance cameras. Designed to be discreetly deployed while allowing for continuous monitoring and recording.
Mounted to existing city light poles.
• Fifteen (15) overt cameras with flashing blue lights. Designed to be #17..
- 990 -
installed in public locations with high visibility. To be installed adjacent to permitted retail businesses selling cannabis products as well as businesses suspected of illegally selling cannabis. Deters potential robberies and other criminal activity while capturing intelligence. Designed to stream into the Modesto Police Department’s Real-Time Crime Center (RTCC).
• Ten (10) solar-powered cameras with back-up battery. Designed for placement in places with limited power infrastructure, commonly older parts of town or rural areas.
• Ten (10) rechargeable battery-powered cameras. Also designed for placement in places with limited power infrastructure, commonly older parts of town or rural areas.
• Six (6) cellular-enabled iPad Pros for field monitoring of surveillance systems
3. Fixed Surveillance Camera Configuration & Installation Operations (20 Operations)
Provides funding for two trained officers to configure and deploy the requested camera systems. Twenty (20) 8-hour operations to ensure equipment is deployed in a timely manner to provide investigative intelligence and support illicit marijuana enforcement operations. These operations could be completed in the first 12-18 months for initial deployment while allowing for future camera movement if program needs require it.
4. Aerial Detection Operations (130 Flight Missions)
Utilizing MPD’s fixed-wing aircraft “SKY1,” officers will conduct twenty-six (26) annual (130 total over five-year award) aerial reconnaissance missions to identify illegal outdoor cultivation sites and surveil suspects.
They will average six hours per mission and include one pilot and one tactical flight officer (TFO). These operations are critical for detecting concealed grows in agricultural and semi-rural areas and will serve as a force multiplier for ground enforcement efforts.
5. Code Enforcement Operations (100 Operations)
MPD sworn staff, in conjunction with code enforcement personnel, will conduct twenty (20) annual (100 total over grant period) retail inspection operations of businesses suspected of illegally selling cannabis. These operations will focus on identifying unlicensed retail activity, enforcing compliance, and initiating administrative and criminal enforcement actions.
Each operation will last nine hours and consist of two supervisors, six officers, 2 community service officers, and two code enforcement officers.
Staff will be divided into two teams conducting inspections per operation. ________________________________________
Target Area and Population
The project will focus on the City of Modesto, with particular emphasis on:
• Agricultural, semi-rural, and residential areas prone to outdoor cultivation • Residential neighborhoods impacted by indoor grow operations • Commercial corridors where illegal cannabis retail activity is suspected These areas were selected based on:
• Historical enforcement data
• Intelligence gathered from prior investigations
• Community complaints and calls for service
• Community tip-lines
• Aerial reconnaissance findings
The primary target population includes individuals and groups engaged in #17..
- 991 -
illegal cannabis cultivation, distribution, and sales, including both independent operators and organized Drug Trafficking Organizations (DTOs).
While this project is enforcement-focused and does not provide direct participant services, it is estimated that:
• Hundreds of offenders will be identified and investigated • Dozens to hundreds of individuals may be arrested or cited • Thousands of residents will benefit from improved safety and reduced nuisance conditions
________________________________________
2.2 Project Goals, Objectives, and Impact
Goal 1: Reduce Illegal Cannabis Cultivation and Distribution • Conduct 130 enforcement operations targeting illegal cultivation sites • Conduct 130 aerial reconnaissance missions to identify new grow locations
• Outcome Measure: Number of sites eradicated, arrests made, cannabis plants seized, dried/packaged cannabis seized
Goal 2: Disrupt Organized Criminal Activity and DTOs
• Conduct 200 surveillance/investigative operations to identify networks and co-conspirators, targeting sources of offense instead of just low-level offenders
• Develop cases leading to arrests and prosecution of DTO members • Outcome Measure: Number of investigations initiated, suspects identified, and cases filed
Goal 3: Eliminate Illegal Cannabis Retail Operations
• Conduct 100 code enforcement operations targeting illegal retail businesses
• Coordinate with prosecutors and regulatory partners for enforcement actions
• Outcome Measure: Number of illegal businesses identified, closed, or brought into compliance
________________________________________
Impact
This project will:
• Significantly reduce the presence of illegal cannabis operations in Modesto
• Disrupt criminal networks involved in drug trafficking and related crimes • Reduce environmental damage caused by illegal cultivation • Improve community quality of life by addressing nuisance properties and illegal businesses
• Restore integrity to the regulated cannabis market
The project directly supports the intent of Proposition 64 by reducing illicit market activity, enhancing public safety, and protecting environmental resources.
A detailed Work Plan (Appendix G) will align these goals with specific activities, timelines, responsible personnel, and performance metrics. ________________________________________
2.3 Rationale for Proposed Project
The proposed project is based on intelligence-led policing and problemoriented policing strategies, which are widely recognized as effective approaches for addressing complex criminal activity.
Evidence-Based and Promising Practices
• Intelligence-Led Policing (ILP): Focuses on data-driven targeting of high- #17..
- 992 -
impact offenders and locations
• Problem-Oriented Policing (POP): Addresses underlying conditions contributing to crime rather than isolated incidents
• Focused Deterrence: Targets high-risk offenders and networks to achieve broader crime reduction
These approaches have been shown to:
• Increase efficiency of enforcement operations
• Improve case outcomes and prosecution success
• Reduce repeat offenses and criminal network activity
Relevance to Local Conditions
The use of aerial surveillance, targeted enforcement, and coordinated code enforcement is particularly effective in Modesto due to:
• The prevalence of outdoor cultivation in agricultural areas • The presence of organized criminal networks
• The geographic spread of illegal activity
This project represents a strategic and scalable approach that maximizes limited resources while producing measurable outcomes.
________________________________________
2.4 Use of Existing Resources and Integration with Current Efforts This project is designed to leverage and enhance existing resources while addressing the identified service gaps.
Existing Resources Utilized
• MPD Narcotics Unit (1 Sergeant, 5 Investigators)
• MPD fixed-wing aircraft “SKY1”
• Code Enforcement personnel
• Partnerships with the District Attorney’s Office and other stakeholders Extent of Integration
Currently, these resources are insufficient to proactively address illegal cannabis activity due to:
• Competing priorities (fentanyl, methamphetamine, and other narcotics) • Limited staffing
• Lack of proper equipment to safely and effectively investigate and abatement cannabis-related offenses
• Lack of dedicated funding for cannabis-specific enforcement The proposed project will:
• Expand the capacity of existing units through dedicated overtime funding • Allow for focused enforcement without diverting resources from other critical missions
• Provide equipment that can be utilized beyond the grant period to support continued enforcement efforts as staffing and budgets improve • Restore proactive enforcement capabilities lost with the disbandment of the Stanislaus County Sheriff’s MET unit
By building upon existing infrastructure and partnerships, this project ensures efficient use of resources while significantly increasing enforcement capacity and effectiveness.
________________________________________
Summary
This project provides a comprehensive, data-driven enforcement strategy that directly addresses the identified need, aligns with Proposition 64 objectives, and fills a critical gap in regional enforcement capacity. Through targeted operations, intelligence gathering, and interagency collaboration, MPD will deliver measurable public safety, environmental, and community benefits.
#17..
- 993 -
Project
Organizational
Capacity and
Coordination
3.1 Organizational Capacity to Administer the Project
Existing Infrastructure
The Modesto Police Department consists of 200 sworn positions, and 130 professional support staff.
The proposed project will be housed within the Investigative Services Division (ISD), which currently oversees narcotics investigations, specialized enforcement operations, and intelligence functions.
MPD has existing infrastructure to support:
• Grant administration and compliance
• Overtime tracking and fiscal accountability
• Intelligence analysis and case management
• Real-Time Crime Center (RTCC) integration for surveillance and data monitoring
Staffing and Qualifications
The project will be overseen by Investigative Services Division Lieutenant T.J Moffett, who will serve as the Project Director and be responsible for strategic oversight, operational direction, and grant compliance. Lt. Moffett is a 20-year veteran of law enforcement with a Master’s Degree in Law Enforcement and Public Safety Leadership, and is a graduate of the FBI National Academy. Lt. Moffett has previously been responsible for the oversight of grant awards from the California Office of Traffic Safety, the California Department of Justice, and the California Highway Patrol’s Cannabis Tax Fund.
Operational staffing will include:
• Specialized units with training investigating illegal cannabis cultivation and sales, including the Modesto Police Department’s Narcotics Enforcement Team and Crime Reduction Teams on an overtime basis.
• Specialized collateral assignment staff with relevant experience and training.
• Seven (7) Crime Analysts to support data analysis, target identification, and performance tracking.
• Twenty (20) Community Service Officers (CSOs) for evidence processing and logistical support.
• Eleven (11) Code Enforcement Officers to assist with inspections, abatement, and administrative enforcement.
Personnel assigned to this project possess training and experience in:
• Narcotics investigations and drug trafficking enforcement • Intelligence-led policing and surveillance techniques • Search warrant preparation and execution
• Evidence handling and case documentation
• Interagency coordination and prosecution support
Use of Existing Resources
This project is designed to maximize existing resources. MPD will leverage:
• Its established proactive/investigative units for investigative leadership • Existing aviation resources (fixed-wing aircraft “SKY1”) • The RTCC for real-time intelligence and camera integration Grant funding will enhance—not replace—these resources by providing necessary dedicated overtime staffing and specialized equipment.
Project Management and Oversight
Project oversight will be structured to ensure accountability, efficiency, and alignment with grant objectives.
#17..
- 994 -
The Investigative Services Division Lieutenant will:
• Direct operational priorities and deployment strategies • Ensure compliance with BSCC grant requirements
• Monitor performance metrics and outcomes
• Coordinate with partner agencies
A designated Sergeant will provide day-to-day operational supervision, including:
• Planning and executing enforcement and surveillance operations • Supervising assigned personnel
• Ensuring proper documentation and reporting
Analysts and administrative staff will support:
• Data collection and performance tracking
• Grant reporting and documentation
• Budget monitoring and compliance
Regular internal reviews will be conducted to assess progress, adjust strategies, and ensure the project is implemented as intended.
3.2 Partnerships and Coordination
MPD will collaborate with a range of established partners to ensure a coordinated and effective response to illegal cannabis activity.
Existing Project Partners
Key partners include:
• The Stanislaus County District Attorney’s Office for prosecution and case filing
• City and County Code Enforcement for administrative enforcement and abatement
• Regional law enforcement agencies for information sharing and coordination
• Community stakeholders providing tips and intelligence These partners were selected based on:
• Existing working relationships and proven collaboration • Jurisdictional authority and subject-matter expertise • Ability to support enforcement, prosecution, and compliance efforts
3.3 Timeline and Readiness
MPD is prepared to implement this project immediately upon grant award and has the infrastructure in place to ensure timely execution.
Readiness to Proceed
• Existing personnel and command structure are in place • Operational plans and enforcement strategies are already developed • Identified target areas and investigative leads are available • Existing partnerships are established and active
Implementation Timeline
Months 1–3: Project Initiation
• Finalize grant agreements and internal approvals
• Initiate procurement of equipment and technology
Months 3–6: Initial Deployment
• Deploy surveillance equipment and camera systems
• Begin aerial reconnaissance and intelligence operations • Initiate targeted enforcement operations
Months 6–12: Full Operational Capacity
• Conduct ongoing enforcement, surveillance, and code enforcement operations
• Track performance metrics and adjust strategies as needed Years 2–5: Sustained Operations and Evaluation
#17..
- 995 -
• Continue full-scale operations across all project components • Conduct periodic evaluations to ensure effectiveness
• Adjust deployment based on intelligence and outcomes
Contracting and Procurement
MPD will utilize established City of Modesto procurement processes to ensure timely acquisition of equipment and services.
Project Evaluation 4.1 Data Collection Methods and Performance Measurement The Modesto Police Department (MPD) will implement a comprehensive data collection and performance measurement framework to ensure accurate tracking of project activities, outputs, and outcomes. This framework will support compliance with California Board of State and Community Corrections reporting requirements and provide actionable insights to guide enforcement strategies.
Project Evaluation will be conducted by Investigative Services Division Lieutenant T.J Moffett, who will serve as the Project Director and be responsible for strategic oversight, operational direction, and grant compliance, with support from staff. Lt. Moffett is a 20-year veteran of law enforcement with a Master’s Degree in Law Enforcement and Public Safety Leadership, and is a graduate of the FBI National Academy. Lt. Moffett has previously been responsible for the oversight of grant awards from the California Office of Traffic Safety, the California Department of Justice, and the California Highway Patrol’s Cannabis Tax Fund, and has experience with qualitative and quantitative review of projects.
Data Collection Approach
MPD will collect both quantitative and qualitative data across all project components, including enforcement, surveillance, aerial operations, and code enforcement activities.
Key data points will include:
• Number of enforcement operations conducted
• Number of surveillance and intelligence operations completed • Number of aerial reconnaissance missions conducted
• Number of code enforcement inspections completed
• Number of illegal cannabis cultivation sites identified and eradicated • Number of illegal retail operations identified and addressed • Arrests, citations, and suspects identified
• Quantity of cannabis seized (plants and processed product) • Seizure of associated narcotics (e.g., fentanyl), weapons, and illegal proceeds
• Referrals for prosecution and case filing outcomes
Data will be captured through:
• MPD Records Management System (RMS)
• Computer-Aided Dispatch (CAD) system
• Evidence tracking systems
• Case reports and investigative files
• Code enforcement documentation
• Aerial operation logs
Performance Measurement
Performance will be measured against clearly defined benchmarks aligned with project goals, including:
• Completion of 130 enforcement operations
• Completion of 200 surveillance operations
#17..
- 996 -
• Completion of 130 aerial missions
• Completion of 100 code enforcement operations
Additional performance indicators include:
• Increase in illegal cannabis sites identified and eradicated • Increase in successful prosecutions
• Reduction in repeat illegal cannabis activity at targeted locations • Disruption of organized criminal networks
Performance metrics will be reviewed regularly to ensure progress toward goals and compliance with grant requirements.
4.2 Data Management, Quality Assurance, and Reporting
MPD will ensure data accuracy, consistency, and integrity through established policies and oversight mechanisms.
Data Management
All data will be centrally managed and maintained within MPD systems, with access restricted to authorized personnel. Data will be compiled and analyzed by designated analysts and administrative staff assigned to the project.
Quality Assurance
To ensure data reliability:
• Supervisors will review reports and case documentation for accuracy and completeness
• Analysts will conduct periodic audits of collected data • Standardized reporting formats will be used across all project components • Data entry protocols will be established and reinforced through training Reporting
MPD will comply with all BSCC reporting requirements, including:
• Quarterly progress reports
• Performance metric reporting
• Financial and expenditure reporting
Reports will include both quantitative outcomes and qualitative summaries describing project impact, challenges, and adjustments.
4.3 Evaluation and Continuous Improvement
MPD will utilize an ongoing evaluation process to assess project effectiveness and inform decision-making.
Evaluation Approach
Evaluation will focus on:
• Effectiveness of enforcement strategies
• Achievement of project goals and objectives
• Identification of trends and emerging patterns
• Assessment of resource allocation and operational efficiency Analysts will use collected data to:
• Identify high-impact locations and offenders
• Adjust deployment strategies
• Improve targeting of enforcement efforts
Continuous Improvement
MPD will conduct regular internal reviews, including:
• Monthly operational briefings
• Quarterly performance evaluations
• Command-level assessments led by the Investigative Services Division Lieutenant
These reviews will allow MPD to:
#17..
- 997 -
• Adjust tactics based on real-time intelligence
• Reallocate resources to maximize impact
• Address any gaps or inefficiencies
4.4 Data Sharing and Coordination
MPD will share relevant data with partner agencies to support coordinated enforcement and prosecution efforts.
Data sharing may include:
• Case information provided to the District Attorney’s Office • Intelligence sharing with regional law enforcement partners • Coordination with code enforcement for administrative actions All data sharing will comply with applicable laws, policies, and confidentiality requirements.
4.5 Sustainability of Data and Outcomes
The data collection systems and processes developed through this project will remain in place beyond the grant period, allowing MPD to continue tracking illegal cannabis activity and enforcement outcomes.
PART IV: PROJECT
BUDGET
ATTACHMENT
The Budget Attachment must be filled out completely and accurately.
Applicants are solely responsible for the accuracy and completeness of the information entered in the Budget Attachment. All project costs must be directly related to the objectives and activities of the project, demonstrating how the funds will be used to address the local needs due to the impact of legalizing cannabis in California. The Budget Table must cover the entire 66-month grant period. For additional guidance related to allowable uses of grant funds, refer to pages 8-15 of the Proposition 64 Request for Proposals (RFP).
Project Budget Attachment
2.-Prop-64-PHS-Cohort-4-Budget-Attachment_-_Updated.xlsx
PART V -
ATTACHMENTS:
MANDATORY AND
OPTIONAL
In addition to the Budget Attachment, the list of mandatory attachments include: Project Work Plan Letter of Eligibility Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement Criteria for Non-Governmental Organizations Receiving BSCC Funds The Governing Board Resolution attachment upload is optional at Application submission. However, it will be required if the project is awarded Prop 64 Cohort 4 Grant Funds. These documents are stand-alone documents available on the BSCC Proposition 64 Homepage:
http://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/.
Download, complete, and upload where prompted below.
PROJECT WORK PLAN
3.-Prop-64-Project-Work-Plan-Appendix-G_-_Updated.docx
Letter of Eligibility
1.-Prop-64-Letter-of-Eligibility-Appendix-A_Filled_In_-_signed.pdf Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
5.-Debarment-Attachment-Appendix-E_Filled_In_-_signed.pdf #17..
- 998 -
Criteria for Non-Governmental Organizations Receiving BSCC Funds as a Subcontractor Prop-64-Cohort-4-NGO_Filled_In_-_signed.pdf
Governing Board
Resolution (Optional)
#17..
- 999 -
Prop 64 PH&S Grant Project Work Plan
Complete this required document. You will be prompted to upload this attachment to the BSCC Submittable Application.
Instructions: Applicants must complete a Project Work Plan using the format below. Provided goals and objectives must have a clear relationship to the need and intent of the grant. The Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. The plan must identify the top three goals and corresponding objectives, with a minimum of one goal pertaining to each identified PPA. Completed plans should identify:
1. the project’s top goals and objectives.
2. how the goal(s) will be achieved in terms of the activities/services, responsible staff/partners, and the timelines.
3. a list of the data elements to be collected.
Name of City or
County Applicant: City of Modesto – Modesto Police Department (1) Goal: > Reduce Illegal Cannabis Cultivation and Distribution Objectives (A., B., etc.) A.> Conduct enforcement operations targeting illegal cultivation sites B.> Conduct aerial reconnaissance missions to identify new grow locations C.>
Process Measures and
Outcome Measures:
> Key Performance Indicators (KPIs) will include number of sites eradicated, arrests made, number of cannabis plants seized, and weight of dried/packaged cannabis seized.
Project activities that support the identified goal and objectives: Responsible staff/partners: Timeline Start Date End Date
1.> 130 6-hr enforcement operations
2. 130 6-hr aerial reconnaissance mission
3. 1. > MPD staff
2. MPD staff
3. 1.> 8/1/2026
2. 8/1/2026
3. 1.> 6/20/31
2. 6/20/2031
3. List data and sources to be used to measure outcomes: > Outcomes will be measured through analysis of Modesto Police Department reports and databases to include contraband seized (guns, cannabis, other drugs, money, real assets), arrests made, prosecution outcomes, and aerial observation of violations. #17..
- 1000 -
(2) Goal: > Disrupt Organized Criminal Activity and Drug Trade Organizations (DTOs) Objectives (A., B., etc.) A.> Surveil & investigative operations to identify networks and co-conspirators, targeting sources of offense instead of just low-level offenders B.> Develop cases leading to arrests and prosecution of DTO members C.>
Process Measures and
Outcome Measures:
> Key Performance Indicators (KPIs) will include the number of investigations initiated, suspects identified, cases filed, and successful DTO classification.
Project activities that support the identified goal and objectives: Responsible staff/partners: Timeline Start Date End Date
1.> Conduct 200 surveillance/investigative operations.
2. Successful deployment of awarded covert and overt camera systems.
1.> MPD staff
2. MPD staff
1.> 8/1/26
2. 8/1/26
1.> 6/20/31
2. 1/1/29
List data and sources to be used to measure outcomes: > Outcomes will be measured through analysis of Modesto Police Department reports and databases to include contraband seized (guns, cannabis, other drugs, money, real assets), review of surveillance reports to quantify suspects identified, arrests made, local cases filed, federal cases filed, and prosecution outcomes. (3) Goal: > Eliminate Illegal Cannabis Retail Operations Objectives (A., B., etc.) A.> Conduct code enforcement operations targeting illegal retail businesses B.> Coordinate with prosecutors and regulatory partners for enforcement actions Process Measures and
Outcome Measures:
> Key Performance Indicators (KPIs) will include the number of inspections conducted, number of administrative citations issued, number of criminal arrests, and comparison of the number of known/suspected illegal operators at the beginning of the grant cycle compared to the end of the grant cycle.
Project activities that support the identified goal and objectives: Responsible staff/partners: Timeline Start Date End Date
1.> Conduct 100 code enforcement operations targeted illegal businesses
2. Coordination with prosecutors and regulatory partners
3. 1.> MPD staff
2.MPD staff
1.> 8/1/26
2.8/1/26
3. 1.> 6/20/31
2.6/20/31
3. #17..
- 1001 -
List data and sources to be used to measure outcomes: > Outcomes will be measured through analysis of Modesto Police Department reports and databases to include contraband seized (guns, cannabis, other drugs, money, real assets), administrative citations issued, and arrests. MPD will also coordinate with the City of Modesto’s Community and Economic Department (CED) to review business licenses revoked and the California Department of Tax and Fees Administration for those locations also selling tobacco products to document any license revocation as the result of identified illegal activity. #17..
- 1002 -
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$3,133,604 $0 $3,133,604
$120,585 $0 $120,585
$0 $0 $0
$0 $0 $0
$1,214,158 $0 $1,214,158
$2,400 $0 $2,400
$25,000
$4,470,747 $0 $4,495,747
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$178,372 $0 $178,372
Up to (19) Officers
Directed Cannabis Enforcement Operations – (6) Officers, 26 operation per year Year 1: (OT hourly rate = $118.54) x 6hrs/operation x 26 operations = $110,953 Year 2: (OT hourly rate = $122.10) x 6hrs/operation x 26 operations = $114,282 Year 3: (OT hourly rate = $125.76) x 6hrs/operation x 26 operations = $117,711 Year 4: (OT hourly rate = $129.53) x 6hrs/operation x 26 operations = $121,242 Year 5: (OT hourly rate = $133.42) x 6hrs/operation x 26 operations = $124,879 Surveillance / Investigative Operations – (5) Officers, 40 operations per year:
Year 1: (OT hourly rate=$118.54) x 6hrs/operation x 40 operations =$142,248 Year 2: (OT hourly rate=$122.10) x 6hrs/operation x 40 operations =$146,515 Year 3: (OT hourly rate=$125.76) x 6hrs/operation x 40 operations =$150,911 Year 4: (OT hourly rate=$129.53) x 6hrs/operation x 40 operations =$155,438 Year 5: (OT hourly rate=$133.42) x 6hrs/operation x 40 operations =$160,101 Fixed Camera Installation – (2) Officers, 20 operations to be completed in year 1:
Year 1: OT hourly rate=$118.54) x 8hrs x 20 operations = $37,933 Retail Inspection Operations - (6) Officers, 20 Operations per year:
Year 1: (OT hourly rate=$118.54) x 9 hrs/operation x 20 operations x 6 officers = $128,023 Year 2: (OT hourly rate=$122.10) x 9 hrs/operation x 20 operations x 6 officers = $131,864 Year 3: (OT hourly rate=$125.76) x 9 hrs/operation x 20 operations x 6 officers = $135,820 Year 4: (OT hourly rate=$129.53) x 9 hrs/operation x 20 operations x 6 officers = $139,894 Year 5: (OT hourly rate=$133.42) x 9 hrs/operation x 20 operations x 6 officers = $144,091 $2,061,911 $0 $2,061,911
(2) CSO II
Directed Cannabis Enforcement Operations – (1) CSO II, 26 operation per year:
Year 1: (OT hourly rate = $60.46) x 6 hrs/operation x 26 operations = $9,432 Year 2: (OT hourly rate = $62.27) x 6 hrs/operation x 26 operations = $9,715 Year 3: (OT hourly rate = $64.14) x 6 hrs/operation x 26 operations = $10,006 Year 4: (OT hourly rate = $66.07) x 6 hrs/operation x 26 operations = $10,306 Year 5: (OT hourly rate = $68.05) x 6 hrs/operation x 26 operations = $10,616 Retail Inspection Operations - (2) CSO II, 20 Operations per year:
Year 1: (OT hourly rate = $60.46) x 9 hrs/operation x 20 operations x 2 CSO II = $21,766 Year 2: (OT hourly rate = $62.27) x 9 hrs/operation x 20 operations x 2 CSO II = $22,419 Year 3: (OT hourly rate = $64.14) x 9 hrs/operation x 20 operations x 2 CSO II = $23,091 Year 4: (OT hourly rate = $66.07) x 9 hrs/operation x 20 operations x 2 CSO II = $23,784 Year 5: (OT hourly rate = $68.05) x 9 hrs/operation x 20 operations x 2 CSO II = $24,497 $165,631 $0 $165,631
Percentage of Grant Funds Dedicated to PPA 1: Public Safety/Enforcement (excludes amount budgeted for Indirect Costs) 99.44%
Budget Category
6. Other (Travel, Training, etc.)
Name of City or County Applicant:
3. Professional Services or Public Agency Subcontracts
1. Salaries and Benefits
2. Services and Supplies
4. Non-Governmental Organization (NGO) Subcontracts
5. Equipment/Fixed Assets
7. Indirect Costs (For PPAs 1 through 4) $25,000
TOTAL
(2) Code Enforcement Officer II
(2) Sergeants
Directed Cannabis Enforcement Operations – (1) Sergeant, 26 operations per year Year 1: (OT hourly rate =$143.60) x 6 hrs/operation x 26 operations = $22,402 Year 2: (OT hourly rate =$147.91) x 6 hrs/operation x 26 operations = $23,074 Year 3: (OT hourly rate =$152.35) x 6 hrs/operation x 26 operations = $23,767 Year 4: (OT hourly rate =$156.92) x 6 hrs/operation x 26 operations = $24,479 Year 5: (OT hourly rate =$161.62) x 6 hrs/operation x 26 operations = $25,213 Surveillance / Investigative Operations – (1) Sergeant, 40 operations per year Year 1: (OT hourly rate=$143.60) x 6hrs/operation x 40 operations = $34,464 Year 2: (OT hourly rate=$147.91) x 6hrs/operation x 40 operations = $35,498 Year 3: (OT hourly rate=$152.35) x 6hrs/operation x 40 operations = $36,563 Year 4: (OT hourly rate=$156.92) x 6hrs/operation x 40 operations = $36,661 Year 5: (OT hourly rate=$161.62) x 6hrs/operation x 40 operations = $38,790 Retail Inspection Operations – (2) Sergeants, 20 Operations per year:
Year 1: (OT hourly rate = $143.60) x 9hrs/operation x 20 operations x 2 Sergeants = $51,696 Year 2: (OT hourly rate = $147.91) x 9hrs/operation x 20 operations x 2 Sergeants = $53,247 Year 3: (OT hourly rate = $152.35) x 9hrs/operation x 20 operations x 2 Sergeants = $54,844 Year 4: (OT hourly rate = $156.92) x 9hrs/operation x 20 operations x 2 Sergeants = $56,490 Year 5: (OT hourly rate = $161.62) x 9hrs/operation x 20 operations x 2 Sergeants = $58,184 $0 $576,375
1a. Salaries and Benefits
Position Title
$576,375
(Show as either % FTE or Hourly Rate) & Benefits
Directed Cannabis Enforcement Operations – (1) CEO II, 26 operation per year:
Year 1: (OT hourly rate - $65.11 x 6 hrs/operation x 26 operations = $10,157 Year 2: (OT hourly rate - $67.06 x 6 hrs/operation x 26 operations = $10,462 Year 3: (OT hourly rate - $69.08 x 6 hrs/operation x 26 operations = $10,776 Year 4: (OT hourly rate - $71.15 x 6 hrs/operation x 26 operations = $11,099 Year 5: (OT hourly rate - $73.28 x 6 hrs/operation x 26 operations = $11,432 Retail Inspection Operations - (2) CEO II, 20 Operations per year:
Year 1: (OT hourly rate = $65.11) x 9 hrs/operation x 20 operations x 2 CEO II = $23,440 Year 2: (OT hourly rate = $67.06) x 9 hrs/operation x 20 operations x 2 CEO II = $24,143 Year 3: (OT hourly rate = $69.08) x 9 hrs/operation x 20 operations x 2 CEO II = $24,867 Year 4: (OT hourly rate = $71.15) x 9 hrs/operation x 20 operations x 2 CEO II = $25,613 Year 5: (OT hourly rate = $73.28) x 9 hrs/operation x 20 operations x 2 CEO II = $26,391 2026 Proposition 64 Public Health & Safety Grant Program - Proposal Budget and Budget Narrative Grant Term: July 1, 2026 through December 31, 2031
Note: Budget Categories 1 - 7 will auto-populate based on the information entered in the sections below.
Do not alter or recreate this budget template. Applicants that do not use the BSCC Budget Template will be disqualified.
City of Modesto - Modesto Police Department
#17..
- 1003 -
$53,138 $0 $53,138
$98,177 $0 $98,177
$0 $0 $0
$0 $0 $0
$0 $0 $0
$3,133,604 $0 $3,133,604
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$7,302 $0 $7,302
$16,767 $0 $16,767
$7,816 $0 $7,816
$88,700 $0 $88,700
$0 $0
$0 $0
$0 $0
$0 $0
$120,585 $0 $120,585
(2) Police Sergeants: To provide supervisory oversight and assist with enforcement (illegal grow operations, surveillance/investigative operations, retail store investigations) and ensure that staff are properly focused on grant objectives while gathering/reporting data to evaluate goal/objective progress (part of assigned staff for requested 130 enforcement operations, 200 investiagtive/surveillance operations, and 100 retail inspections) (19) Police Officers: To provide staff for enforcement, (illegal grow operations, surveillance/investigative operations, retail store investigations) and conduct related duties such as completing reports, collecting and processing evidence.
Also to provide staff for configuration and installation of requested surveillance systems and serve as a tactical flight officer during aerial surveillance operations (part of assigned staff for requested 130 enforcement operations, 200 investiagtive/surveillance operations, and 100 retail inspections) (2) Community Service Officer II's To provide for staff to assist during enforcement operations in the collection and processing of evidence and seized contraband and complete related duties such as completing reports, dusting for fingerprints, and swabbing for DNA.
(2) Code Enforcement Officer II's: To provide for staff to perform compliance inspections of retail locations (part of assigned staff for requested 100 retail inspections). To assist in enforcement operations to identify and administratively pursue code violations at illegal grow sites (part of assigned staff for requested 130 enforcement operations). (1) Pilot: To provide staff to operate the Modesto Police Department's fixed-wing aircraft during requested 130 flight operations). (1) Tactical Flight Officer: To operate observational equipment and document located cannabis grows during requested 130 flight operations).
Image Stabilized Binoculars
Calculated by reviewing number of staff required for operations and projected lifespan of products over the course of five years. Price from online vendors. Assumes local sales tax rate of 8.875% (not included in unit pricing) TOTAL TAX = $596 a. Heavy Duty Disposable Coveralls qty. 100 @ $14.99 ea. = $1,499 b. Multipurpose Reusable Respirator qty. 30 @ $42.97 ea. = $1,289 c. Replacement Respirator Cartridges qty. 50 @ $14.99 ea. = $749.50 d. Chemical Resistant Work Boots qty. 24 @ $132.00 ea. = $3,168 TOTAL
Caculated by reviewing online vendors to identify competitive pricing. Quantity requested matches number of officers per surveillance operation. Assumes 8.875% local sales tax (added to total amount and not reflected in unit pricing). TOTAL TAX = $637 Sig Sauer Zulu6 HDX Binocluars qty. 6 @ $1,196.54 = $7,179 + TAX ($637) (1) Pilot
1b. Salaries and Benefits Narrative: Provide a brief description for each position that addresses their role on the grant project. (1) Tactical Flight Officer
Description of Services or
Supplies
2a. Services and Supplies
Aerial Surveillance Operations – 26 Operations per year:
Year 1: (part-time hourly rate=$64.16) x 6hrs/operation x 26 operations = $10,009 Year 2: (part-time hourly rate=$66.08) x 6hrs/operation x 26 operations = $10,308 Year 3: (part-time hourly rate=$68.07) x 6hrs/operation x 26 operations = $10,619 Year 4: (part-time hourly rate=$70.11) x 6hrs/operation x 26 operations = $10,937 Year 5: (part-time hourly rate=$72.21) x 6hrs/operation x 26 operations = $11,265 Aerial Surveillance Operations – 26 Operations per year:
Year 1: (OT hourly rate = $118.54) x 6hrs/operation x 26 operations = $18,492 Year 2: (OT hourly rate = $122.10) x 6hrs/operation x 26 operations = $19,047 Year 3: (OT hourly rate = $125.76) x 6hrs/operation x 26 operations = $19,618 Year 4: (OT hourly rate = $129.53) x 6hrs/operation x 26 operations = $20,207 Year 5: (OT hourly rate = $133.42) x 6hrs/operation x 26 operations = $20,813 Calculation for Expenditure
TOTAL
Personal Protective Equipment
Tools and Equipment
Computer/Technology Equipment &
Software Licensing
Requested amount calculated utilizing vendor website to identify and customize for project needs - quantity requested identified by number of units needed per operation with appropriate licensing to use requested equipment for five years. Assumes 8.875% local sales tax (added to total amount and not reflected in unit pricing). TOTAL TAX = $7,230 a. Ruggedized Laptops with Cell Network Capability qty. 6 @ $3,500 ea. = $21,000 b. 13" iPad Pro with Cellular Capability qty. 6 @ $ 2,394.16 ea. = $14,365 c. Covery Vehicle Trackers qty. 15 @ $$462.72 ea. = $6,941 d. Software Subscription for 15 trackers ($1,359.85) x 5 years = $20,414 e. UAV Flight/Management/Streaming software for large drones: $1,450/year x 5 years = $7,250 x qty. 2 = $14,500
f. UAV Flight/Management/Streaming software for small drones: $425 per year x 5 years = $ 2,125 x qty. 2 = $4,250
TOTAL COST = $81,470 + TAX ($7,230)
Calculated by reviewing number of staff required for operations and projected lifespan of products over the course of five years. Price from online vendors. Assumes local sales tax rate of 8.875% (not included in unit pricing) TOTAL TAX = $1,367 a. Cordless Battery Powered Brush Trimmer qty. 2 @ $549.00 = $1,098 b. Additional Batteries for Cordless Tools qty. 6 @ $279.00 ea. = $ 1,674 c. 6-Port Rapid Charger for Batteries qty. 1 @ $279.00 + $ 279 d. Titanium Coated Loppers qty. 6 @ $44.98 = $ 269.88
e. Cordless Battery-Powered Combo Tool Kit qty. 2 @ $1,359.84 = $ 2,720 f. 25lb Enforcer Door Ram qty. 2 @ $577 = $ 1,154
g. Halligan Bar & 8lb Sledge Hammer Combo Kit - qty. 2 @ $339 = $ 680 h. 9" Battery Powered Cutoff Saw Kit qty. 2 @ @2,586 = $ 5,172 i. High Carbon Steel Hand Pruner qty. 6 @ 29.98 = $ 180 j. Battery-Powered Tower Lights qty. 4 @ $543.29 = $ $2,173 TOTAL EQUIPMENT COST: $15,400 + TAX ($1,367)
#17..
- 1004 -
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
2b. Services and Supplies Narrative: Provide a brief description for each item that explains how it will be used toward fulfilling grant objectives.
I. Personal Protective Equipment (PPE) - Requested PPE is desired to outfit staff to safely dismantle hazardous cannabis cultivation sites were caustic chemicals, vapors, and insects are located.
II. Tools & Equipment - Consists of various hand and cordless power tools to safely and effectively gain entry to, dismantle, and process illegal cultivation sites where it is common to encounter secured buildings and rooms, containers, and hundreds to thousands of plants. The listed amounts take into consideration the five-year length of the program and the need for possible replacement due to heavy use and/or multiple operations occuring at the same time.
III. Image Stablized Binoculars qty. 6 - Requested to facilliate the gathering of intelligence and visual evidence during investigative/surveillance operations to facilitate identifying suspects, vehicles, and contrabands. The requested amount reflects the anticipated number of staff per operation.
IV. Computer/Technology Equipment & Software Licensing - Requested to provide adequate computer equipment and licensing to complete reports and process evidence on scene as well as monitor surveillance cameras and electronic surveillance equipment, as well as licensing to facilitate surveillance via unmanned aerial vehicles (vehicles requested under 5a. Equipment/Fixed Assets). Cumulatively these items facilitate safe operations and enhanced investigations to enhance prosecution.
None Requested
None Requested
Description of Subcontracts
4a. Non-Governmental Organization (NGO) Subcontracts
3b. Professional Services or Public Agency Subcontracts Narrative: List each consultant and/or public agency that will receive grant funds. Provide a brief description of the services that will be provided.
TOTAL
Calculation for Expenditure
None Requested
3a. Professional Services or Public Agency Subcontracts 4b. Non-Governmental Organization (NGO) Subcontracts Narrative: List each NGO subcontractor that will receive grant funds. Provide a brief description of the services that will be provided.
Calculation for Expenditure
None Requested
Description of Professional
Service(s)
TOTAL
#17..
- 1005 -
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$641,904 $0 $641,904
$188,000 $0 $188,000
$364,656 $0 $364,656
$19,598 $0 $19,598
$0 $0 $0
$0 $0 $0
$1,214,158 $0 $1,214,158
A. Grant Funds for
PPA 1: Public
Safety/Enforcement
B. Grant Funds for
PPA 2, 3, and/or 4
Total Requested
Grant Funds
(A+B)
$2,400 $0 $2,400
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$2,400 $0 $2,400
Grant Funds Total Requested
Grant Funds
$25,000 $25,000
$488,488
$0 $0
$651,318
Indirect costs were factored at a rate of %5 of total project cost and will be accurately tracked and reported. This cost percentage was identified based upon support tasks and supplies used to faciliate operations and reporting activities. 7b. Indirect Costs Narrative:
Please see Instructions tab for additional information regarding Indirect Costs.
If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.
I. Camera-Based Overt and Covert Surveillance Systems - A variety of camera surveillance systems to identify suspects, vehicles, and criminal networks, maximizing enforcement operations through always-on technology.
II. Unmanned Aerial Vehicles (aka Drones) - Used to provide operational awareness during enforcement actions and surveillance during investigative/surveillance operations while capturing high definition video suitable for evidentiary purposes.
III. Vehicles & Associated Equipment - Equipment required to process illegal cultivation sites, as well as evidence and contraband seized during enforcement operations require significant transportation assets. Additionally, due to size of some enforcement operations (more than 1 acre, multuple suspects, propensity for firearms and violence), it is important to have a coordinated and well supervised incident commander with appropriate resources and intelligence to ensure successful outcomes. MPD does not currently have this capacity.
IV. Ballistic Shields for Officers qty. 2 - to protect against deadly force encounters during the service of search warrants.
Requested lodging is required as part of grant program. Lodging will allow for four key stakeholders from the program to participate in this trip. $25,000 $25,000
For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 15 percent (15%) of all grant-funded costs, excluding equipment and fixed assets. Applicable if the applicant does not have a federally approved indirect cost rate.
If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of all grant-funded costs, excluding equipment and fixed assets. Applicable if the applicant has a federally approved indirect cost rate. Amount claimed may not exceed the applicant's federally approved indirect cost rate.
If using Option 2) grant funds allocated to Indirect Costs may not exceed:
Calculated to allow for two simultaneous operations and equipment redundancy to ensure up time. Pricing based on vendor proposals.
a. Skydio X10 UAV qty. 2 @ $40,000 ea. = $80,000
b. Skydio R10 UAV qty. 2 @ 7,000 ea. = $14,000
c. Fotokite Tethered Drone qty. 1 @ $94,000
Based on required equipment to transport and process evidence while mataining operational efficiency. Vehicletrailer pricing direct from dealer. Command Post based upon estimated design requirements.
a. Forward Command Post (CP) / UAV Surveillance Van qty 1. @ $265,000 b. 3/4 Ton Truck Suitable for Towing qty. 1 @ $82,156
c. Hydrualic Dump Trailer qty. 1 @ $17,500
Pricing based on prior purchase of same item.Assumes local sales tax rate of 8.875% (not included in unit pricing) TOTAL TAX = $1,598
Qty. 2 @ $9,000 ea. = $18,000
7a. Indirect Costs
Description of Other (Travel,
Training, etc.)
Lodging for Required Sacramento Trip
Calculation for Expense
TOTAL
Four Staff Members, Two Night Trip. Amount estimated based on current hotel rates. 6b. Other (Travel, Training, etc.) Narrative: Provide a brief explanation for how each item listed above will contribute toward fulfilling grant objectives. Please budget for at least one 2-day trip to Sacramento for 3- 5 key grant team members.
Description of Equipment/Fixed
Assets Calculation for Expense
Camera-Based Overt and Covert
Surveillance Systems
Unmanned Aerial Vehicles (aka Drones)
Vehicles & Associated Equipment
Ballistic Shields for Officers
Based on scope of project, operational capabilities, and number of suspected violators. Item costs based upon quotes from vendors. Assumes local sales tax rate of 8.875% (not included in unit pricing) TOTAL TAX = $52,326)
a. Covert Light-Head Style Camera System qty. 15 @ $14,400 ea. = $ 216,000 b. Overt Camera System qty. 15 @14,000 ea. = $ 210,000
c. Solar Battery-Powered Camera System qty. 10 @ $7,510 ea. = $75,097 d. Battery-Powered Camera System qty. 10 @ $5,813 ea. = $58,133 e. Covert Portable Camera System qty. 2 @ $15,174 ea. = $30,348 TOTAL
6a. Other (Travel, Training, etc.)
5b. Equipment/Fixed Assets Narrative: List any equipment or fixed assets that will be purchased with grant funds and provide a brief description of each item that explains how it will be used toward fulfilling grant objectives.
5a. Equipment/Fixed Assets
#17..
- 1006 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 1
Appendix A:
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM
SCORING PANEL ROSTER
Name Title Organization/Agency
Ella Ban Environmental Scientist California State Water Resources Control Board
Jose Barajas Assistant Branch Chief California Department of Cannabis Control
Jacqueline Campion Deputy Director, Policy & Research California Department of Cannabis Control
Brittany Falcon Program Analyst II Board of State and Community Corrections
Jason Grundel Deputy State Public Defender State of California, Office of the State Public Defender
Jim Keddy Executive Director Youth Forward
Colin Medigovich Strategic Intelligence Analyst California Governor’s Office of Emergency Services
Nikkole Melgoza Office of Program Operations California Department of Corrections and Rehabilitation
Nancy O’Malley District Attorney (Ret.) Alameda County
Douglas Roehler Staff Services Manager I California Department of Cannabis Control
Killi Seto Deputy Lieutenant San Joaquin County Sheriff’s Office
Douglas Smurr Attorney IV / Assistant General
Counsel
California Department of
Cannabis Control
Doug Snell Correctional Lieutenant (Ret.) California Department of Corrections and Rehabilitation
George Tiongson Sergeant California Department of
Cannabis Control
Kellie Vasen Attorney IV California Department of
Cannabis Control
#17..
- 1007 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 1 OF 2
APPENDIX B:
CRITERIA AND ASSURANCE FOR NON-GOVERNMENTAL ORGANIZATIONS
THAT RECEIVE BSCC GRANT FUNDS AS A SUBCONTRACTOR
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program, Cohort 4, includes requirements that apply to non-governmental organizations that receive BSCC grant funds as subcontractors. Grantees are responsible for ensuring that all subcontracted third parties continually meet these requirements as a condition of receiving any Prop 64 PH&S grant funds.
These requirements are as follows.
Any non-governmental organization that receives Prop 64 PH&S grant funds must:
• Have been duly organized, in existence, and in good standing at least six (6) months prior to the start date of the Grantee’s Grant Agreement with BSCC.
Note: Non-governmental organizations that have recently reorganized or have merged with other qualified non-governmental organizations that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the applicant’s Grant Agreement with BSCC. • Be registered with the California Secretary of State’s Office, if applicable. • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship).
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable.
In the table below, provide the name of the Grantee and list all subcontracted third parties.
See next page for signature block.
Name of Grantee:
Name of Subcontracted Third
Party Address Email / Phone Meets All
Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
#17..
- 1008 -
CITY OF MODESTO, POLICE DEPARTMENT
BSCC 1456-26
PAGE 2 OF 2
APPENDIX B:
CRITERIA AND ASSURANCE FOR NON-GOVERNMENTAL ORGANIZATIONS
THAT RECEIVE BSCC GRANT FUNDS AS A SUBCONTRACTOR
Grantees are required to update this list and submit it to BSCC any time a new third-party subcontract with an NGO is executed after the initial assurance date. Grantees shall retain (on site) applicable source documentation for each subcontracted party that verifies compliance with the requirements listed in the Prop 64 PH&S RFP. These records will be subject to the records and retention language found in the Standard Agreement.
Unless prior approval is obtained, the BSCC prohibits disbursement or reimbursement to any NGO that does not meet the requirements listed above and for which the BSCC does not have a signed Criteria and Assurance form on file.
A signature below is an assurance that all requirements listed above have been met.
AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS
STREET ADDRESS CITY STATE ZIP CODE
APPLICANT’S SIGNATURE (verified e-signature is acceptable) DATE x
#17..
- 1009 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
October 13, 2026
Date: August 24, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders
CONTACT: Eric Schuller, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:
Consider approving an Agreement with Telehealth Specialty Medical Group, PC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $111,657. (Funding Source: Byrne Justice Assistance Grant Funds)
STRATEGIC PLAN ELEMENT:
This item is related to the adopted City Council 2025-2026 Strategic Plan focus area of Governance and Service Delivery under Goal - Build a High-Performance Organization.
BACKGROUND:
Law enforcement personnel are at a heightened risk for heart-related illnesses due to the high-stress nature of their job, irregular work hours, and the physical demands of their duties. Heart disease remains 1 (1) of the leading causes of death in the United States, and the stressors unique to police work only increase these risks. Regular, comprehensive heart health assessments are critical in identifying risk factors early, providing the necessary interventions, and ensuring the health and longevity of the workforce.
The Modesto Police Department, recognizing the importance of the health and wellbeing of our personnel, developed a Wellness Committee in 2023 to research and address several initiatives related to employee health and wellness. To address the above-mentioned heightened risks, members of the Wellness Committee researched companies who provide advanced cardiovascular and metabolic screenings designed #18..
- 1010 -
City Council, October 13, 2026
Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders
around the unique physiological and psychological profile of law enforcement personnel.
This is to identify and address health issues in our personnel early so that lifestyle changes and other early interventions can be successful, if and when needed.
The Modesto Police Department applied for and received funding from the Edward Byrne Memorial Justice Assistance Grant to evaluate and secure a vendor to conduct comprehensive heart health screenings, to include vascular imaging, advanced lipid testing, and biomarkers that are effective in detecting the early stages of cardiovascular disease.
On June 11, 2024, by Resolution No. 2024-211, Council approved an agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $115,464. Sigma Tactical Wellness was bought by Telemedicine Group DE LLC in 2025.
On August 26, 2025, by Resolution No. 2025-310, Council approved an agreement with Telemedicine Group DE LLC, Sacramento, California for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $112,820. In 2026, Telemedicine Group DE LLC converted to a California Corporation and is now known as Telehealth Specialty Medical Group, PC.
DISCUSSION:
Wellness programs in police departments are essential for maintaining the health and effectiveness of law enforcement officers. The demanding nature of police work, characterized by unpredictable hours, high-stress situations, and physical demands, significantly elevates the risk of both physical and mental health issues among officers.
Implementing wellness programs that include regular health assessments, mental health resources, fitness programs, and nutritional guidance can lead to improved officer well-being, enhanced job performance, and increased morale. Moreover, such initiatives not only help in reducing long-term healthcare costs by preventing serious health issues but also foster a supportive work environment that emphasizes the importance of health and safety. Ultimately, these programs are crucial in ensuring that officers are prepared to handle the rigors of their roles, enhancing both community safety and trust in law enforcement.
Aligned with the Modesto Police Department’s strategic goal of focusing on the health and wellness of our employees, Telehealth Specialty Medical Group, PC provides specialized health assessments tailored to meet the unique needs of first responders, focusing on early detection and prevention of cardiovascular and metabolic conditions.
Their services include advanced diagnostic tests such as Exercise Electrocardiograms (ECG) with physician interpretation, Cardiometabolic Stress Tests with Expiratory Gas Analysis, and Carotid Intima-Media Thickness (CIMT) Ultrasound screenings.
Additionally, they employ innovative techniques to identify unique biomarkers associated with cardiac inflammatory responses, which are critical for predicting #18..
- 1011 -
City Council, October 13, 2026
Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders
cardiovascular risks. These comprehensive assessments are complemented by indepth consultations with exercise physiologists and nutritional analysis, providing first responders with personalized health and wellness plans designed to optimize their longterm health and performance in their demanding roles. This strategic investment not only supports individual officer health but also enhances overall departmental readiness and reduces long-term healthcare costs.
Telehealth Specialty Medical Group, PC makes screening convenient by conducting their comprehensive health screenings directly on-site at police department facilities.
This approach minimizes disruptions to officers' schedules and eliminates the need for travel, making it easier for departments to ensure widespread participation. By bringing their specialized services, including advanced diagnostics and health assessments, directly to the officers, Telehealth Specialty Medical Group, PC ensures that first responders have easy and immediate access to crucial health interventions right where they work.
Telehealth Specialty Medical Group, PC has been adopted by several law enforcement agencies across the nation, highlighting its effectiveness in boosting the health and wellness of first responders. In California, prominent departments such as the San Francisco Police Department, Los Angeles County Sheriff's Department, San Diego Police Department, Livermore Police Department, and the Stanislaus County Sheriff's Office have incorporated Telehealth Specialty Medical Group, PC’s services. These agencies have seen significant benefits from the program’s thorough health assessments and customized wellness strategies, showcasing Telehealth Specialty Medical Group, PC's capability to enhance officer health and operational readiness in a variety of law enforcement settings.
The Modesto Police Department first utilized Sigma Tactical Wellness in 2024, and again in 2025 and the program was highly successful. Nearly all participating staff reported valuable and actionable feedback regarding their cardiovascular health and overall wellness. Several officers identified early indicators of potential health concerns, allowing them to take proactive steps with their healthcare providers. The assessments also reinforced positive lifestyle habits among our workforce and provided an important reminder of the department’s commitment to their well-being. Based on the overwhelmingly positive response and tangible health benefits, staff strongly supports continuing this program in 2026.
Building on the success of the last 2 (2) years, this year’s program will continue to include the HeartStart Program. HeartStart provides targeted follow-up and maintenance screenings for personnel who have or will completed the comprehensive full-service evaluation, helping ensure continued monitoring and support of their longterm health and wellness. The service ensures returning participants have ongoing cardiovascular monitoring to track changes over time and compare results to their previous year’s baseline. This year-over-year comparison allows both participants and #18..
- 1012 -
City Council, October 13, 2026
Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders
healthcare providers to identify trends, measure progress, and detect any new or emerging health risks at an earlier stage. The HeartStart Program includes an advanced lipid panel with cardiac inflammatory biomarker analysis, comprehensive laboratory testing for key health indicators, a consultation with an advanced practice provider, indepth nutritional analysis, and an aggregated data report delivered to command staff.
This addition ensures officers who have already completed a full-service screening can continue to benefit from timely health insights, reinforcing the department’s commitment to sustained wellness support.
Investing in Telehealth Specialty Medical Group, PC's services will provide vital benefits such as improved health outcomes and operational readiness, reduced healthcare costs through preventive care, and enhanced morale and job satisfaction among officers. The specialized assessments are designed to address the unique physical and psychological demands faced by our officers, supporting their ability to serve effectively.
This initiative is a crucial step towards fulfilling our commitment to prioritizing the wellbeing of our personnel, ensuring they are fit, healthy, and ready to meet the challenges of their duties.
On, September 11, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Cardiac Health Assessments for First Responders.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-
3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, Telehealth Specialty Medical Group, PC should be exempt from the formal bidding procedure in accordance with MMC 8-3.204(d) as the department’s research has shown that at current, no other alternative can match the price, quality and scope of work offered. Therefore, staff recommends an agreement for the comprehensive heart health assessments for first responders with Telehealth Specialty Medical Group, PC should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) as Telehealth Specialty Medical Group, PC’s unique and specialized services for first responders is unmatched.
FISCAL IMPACT:
Funding for the purchase of Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders, and any associated costs, is not to exceed $111,657 and will be purchased with funds from the Byrne Justice Assistance Grant (BJAG). Any future screening agreements will come before the Council once funding has been identified. This purchase will not impact the General Fund. #18..
- 1013 -
City Council, October 13, 2026
Telehealth Specialty Medical Group, PC Comprehensive Heart Health Assessments for First Responders
Below is a chart detailing the two (2) year expense history.
Agreement Totals
FY 24/25 $86,199
FY 25/26 $109,889
TOTAL: $196,088
COMMITTEE RECOMMENDATION:
This item is a continuation of an existing program that has previously been brought to Committee and Council, and due to scheduling logistics was requested to move directly to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving an Agreement with Telehealth Specialty Medical Group, PC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $111,657; and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement
3. Financial Interest Disclosure form
4. CA Levine Act Disclosure form
5. Signed Bid Waiver
#18..
- 1014 -
10/13/2026/MPD/CAdams/ItemX 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING AN AGREEMENT WITH TELEHEALTH
SPECIALTY MEDICAL GROUP, PC, SACRAMENTO, CALIFORNIA, FOR
COMPREHENSIVE HEART HEALTH ASSESSMENTS FOR FIRST
RESPONDERS FOR A TOTAL AMOUNT NOT TO EXCEED $111,657; AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE
AGREEMENT
WHEREAS, recognizing the importance of the health and well-being of personnel, the Modesto Police Department established a Wellness committee in 2023; and
WHEREAS, this committee researches and addresses several initiatives related to employee health and wellness; and
WHEREAS, members of the Wellness committee researched companies who provide advanced cardiovascular and metabolic screenings designed around the unique physiological and psychological profiles of law enforcement personnel; and
WHEREAS, the Modesto Police Department applied for and received funding from the Edward Byrne Memorial Justice Assistance Grant to evaluate and secure a vendor to conduct comprehensive heart health screenings; and WHEREAS, the Wellness committee found that Telemedicine Group DE LLC provides comprehensive screenings in line with what the Wellness committee found beneficial; and
WHEREAS, on June 11, 2024, by Resolution No. 2024-211, Council approved an agreement with Sigma Tactical Wellness, Austin, Texas, for #18..
- 1015 -
10/13/2026/MPD/CAdams/ItemX 2 2026-XX
Comprehensive Heart Health Assessments for First Responders for a total not to exceed $115,464; and
WHEREAS, on August 26, 2025, by Resolution No. 2025-310, Council approved an agreement with Telemedicine Group DE LLC, Sacramento, California for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $112,820; and
WHEREAS, the Modesto Police Department first utilized Sigma Tactical Wellness in 2024, and the program was highly successful; and WHEREAS, in 2026, Telemedicine Group DE LLC converted to a California corporation and is now known as Telehealth Specialty Medical Group, PC; and
WHEREAS, building on the success of the last two years, this year’s program will continue to include the Heart Start Program; and WHEREAS, On, September 11, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Cardiac Health Assessments for First Responders; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment or contractual service to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Telehealth #18..
- 1016 -
10/13/2026/MPD/CAdams/ItemX 3 2026-XX
Specialty Medical Group, PC is exempt from the formal bidding procedures as Telehealth Specialty Medical Group, PC provides a unique and specialized service for first responders.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves an agreement with Telehealth Specialty Medical Group, PC for comprehensive heart health assessments for First Responders for a total not to exceed $111,657.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Agreement, in a form approved by the City Attorney. #18..
- 1017 -
10/13/2026/MPD/CAdams/ItemX 1 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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
#18..
- 1018 -
Services Agreement
SERVICES AGREEMENT
This Services Agreement (“Agreement”) is entered into as of _______(the “Effective Date”) by ____________________________ (“Client”) and Telehealth Specialty Medical Group, PC (“Sigma”). Client and Sigma may be referred to individually as a “Party” and collectively as the “Parties.” The Parties agree as follows:
1. SIGMA’S SERVICES. Sigma will perform the services as specified in Exhibit A (collectively, the “Services”).
2. BILLING, TAXES, AND INSURANCE
2.1. As consideration for the Services provided, Client shall pay Sigma fees in accordance with the fee schedule set forth in Exhibit A (“Fee Schedule”). Unless otherwise provided in the Fee Schedule, Sigma will invoice Client for the Services provided, and Client shall pay Sigma’s invoices within thirty (30) days of receipt of invoice. Any late payment will be subject to an interest penalty of the lower of: (a) one percent (1.0%) per month or (b) the maximum rate permissible by law, until paid in full. Client shall complete the Account Setup Form attached hereto as Exhibit B and provide other billing information requested by Sigma.
2.2. Client is responsible for payment of all taxes (including without limitation sales tax) imposed by any federal, state or local governmental entity on the transactions contemplated by this Agreement, excluding only Sigma’s income taxes.
2.3. Both Parties shall maintain at their sole cost and expense during the term of this Agreement adequate insurance customary to each Party’s operations. Each Party shall furnish to the other Party, at such Party’s request, certificates of insurance or other adequate evidence of coverage.
2.4. Sigma shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the state of California and shall provide evidence of such insurance to the City of Modesto as may be required by the City Clerk of the City of Modesto. The policies or certificates thereof sahll provide that, at least 30 days prior to cancellation or material change in the policy, notices of the same shall be given to the Risk Manager of the City of Modesto by registered mail, return receipt requested, for all of the following insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage; general aggregate limit of $2,000,000. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automotive Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation – in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Medical Malpractice Insurance – Sigma Tactical agrees to procure and maintain medical malpractice insurance in City of Modesto
#18..
- 1019 -
Services Agreement
the minimum amount of $1,000,000 during the term of this Contract. Said policy shall provide coverage for liability imposed by law or contract arising out of an error, omission or negligent act in the performance, or lack thereof, of professional services and any physical property damage, bodily injury or death resulting there from, with a limit of not less than $1,000,000 per claim and in the aggregate. The insurance shall include a vicarious liability endorsement to indemnify, defend, and hold harmless City of Modesto for claims arising out of covered medical professional services and shall have an extended reporting period of not less than five years. That policy retroactive date coincides with or precedes Sigma's start of work (including subsequent policies purchased as renewals or replacements). If the policy is terminated for any reason during the term of this Agreement, Sigma shall either purchase a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy, or shall purchase an extended reporting provision of at least five years to report claims arising from work performed in connection with this Agreement and a replacement policy with a retroactive date coinciding with or preceding the expiration date of the terminating policy.
If this Agreement is terminated or not renewed, Sigma shall maintain the policy in effect on the date of termination or non-renewal for a period of not less than five years therefrom. If that policy is terminated for any reason during the five-year period, Sigma shall purchase an extended reporting provision at least covering the balance of the five year period to report claims arising from work performed in connection with this Agreement or a replacement policy with a retroactive date coinciding with or preceding the retroactive date of the terminating policy.
All policies of insurance shall provide for the following:
a. Name the City of Modesto, members of the City Council, its officers, agents and employees, as additional insureds with coverage equal to ISO form CG 2010, except with respect to Workers’ Compensation and Professional Liability. b. Be primary and non-contributory with respect to all obligations assumed by Sigma pursuant to this Agreement or any other services provided. Any insurance carried by the City of Modesto shall not contribute to, or be excess of insurance maintained by Sigma, nor in any way provide benefit to Sigma, its affiliates, officers, directors, employees, subsidiaries, parent company, if any, or agents.
c. Be issued by insurance carriers with a rating of not less than A VII, as rated in the most currently available “Best Insurance Guide.”
d. Include a severability of interest clause and cross-liability coverage where City of Modesto is an additional insured. e. Provide a waiver of subrogation in favor of the City of Modesto, members of the City Council, its officers, agents and employees, and agents, for losses arising from work performed by Sigma for the City of Modesto.
If at any time any of said policies shall be unsatisfactory to the City of Modesto, as to form or substance or if a company issuing such policy shall be unsatisfactory to the City of Modesto, Sigma shall promptly obtain a new policy, submit the same to the City of Modesto's Risk Manager for approval and submit a certificate thereof as hereinabove provided.
Upon failure of the Sigma to furnish, deliver or maintain such insurance and certificates as above provided, this #18..
- 1020 -
Services Agreement
Agreement, at the election of the City of Modesto, may be forthwith declared suspended, or terminated. Failure of Sigma to obtain and/or maintain any required insurance shall not relieve the Sigma from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of Sigma concerning indemnification. The City of Modesto, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
Upon execution of this Agreement and each extension of the Term thereafter, Sigma shall cause its insurers to issue certificates of insurance evidencing that the coverages and policy endorsements required under this Agreement are maintained in force and that not less than 30 days written notice shall be given to City of Modesto prior to any material modification, cancellation, or non-renewal of the policies.
Certificates shall expressly confirm at least the following: (i) the City of Modesto's additional insured status on the general liability, and auto liability policies; (ii) and the waiver of subrogation applicable to the workers' compensation and professional liability policies. Sigma shall also furnish the City of Modesto with endorsements effecting coverage required by this insurance requirements clause. The endorsements are to be signed by a person authorized by the Insurer to bind coverage on its behalf. The certificate of insurance and all required endorsements shall be delivered to the City of Modesto.
Unless otherwise agreed by the parties, Sigma shall cause all of its subcontractors to maintain the insurance coverages specified in this Insurance section and name Sigma as an additional insured on all such coverages.
Evidence thereof shall be furnished as the City of Modesto may reasonably request. The coverage types and limits required pursuant to this Agreement shall in no way limit the liability of Sigma.
3. CLIENT’S OBLIGATIONS
3.1. Client shall (i) allow Sigma to conduct presentations and workshops to educate Client and its workforce regarding the services offered by Sigma; (ii) be responsible for providing, at no cost to Sigma, all equipment, facilities, supplies, utilities, including high-speed internet and telephone service, and other services as Sigma shall reasonably determine from time to time to be necessary for the performance of Services. Client shall consult and collaborate with Sigma with respect to operational needs related to equipment, facilities, supplies, utilities, and other services to be provided pursuant to this Section.
3.2. Sigma shall be solely responsible for ensuring that all required patient consents and/or acknowledgments are obtained and documented in accordance with best practices and applicable laws and shall inform Client immediately of all communications received from regulatory authorities, notices of claims or potential claims related to any Services, and forward any written communications related thereto to Client. Client shall immediately inform Sigma of all communications received from regulatory authorities, notices of claims or potential claims related to any Services provided by Sigma, and forward any written communications related thereto to Sigma.
4. COLLABORATION. Client will meet with Sigma from time to time as requested to collaborate and coordinate on the delivery of the Services.
#18..
- 1021 -
Services Agreement
5. QUALITY AND COMPLIANCE
5.1. Each Party shall comply with all applicable laws and regulations in effect.
5.2. Client agrees to maintain books, records and accounts relating to the receipt of the Services, and Sigma and its auditors shall be provided reasonable access to such books, records, and accounts and the right to perform a limited business review to verify compliance with this Agreement.
5.3. The Parties agree that it is not the intent or purpose of this Agreement, and no part of this Agreement shall be construed, to induce or encourage the referral of individuals to any particular health care provider for the furnishing or arranging for the furnishing of any health care item or service or ordering of any health care item or services. The Parties acknowledge that there is no requirement or any other agreement, explicit or implied, under this Agreement for a Party to refer individuals to any provider for health care items or services. Additionally, no payment made under this Agreement shall be in return for the referral of individuals in return for the purchasing, leasing, or ordering of any items or services from Sigma or any affiliates of Sigma. Neither Party will make payments or seek other remuneration under this Agreement which would be prohibited by law. It is the intent of the Parties to establish an independent business relationship which complies with applicable law. The compensation payable under this Agreement is based solely on the fair market value for the Services provided.
5.4. Nothing in these terms and conditions shall be construed as permitting Client to exercise control over the professional judgment or professional methods of Sigma and its professionals.
6. INTELLECTUAL PROPERTY
6.1. Sigma owns all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other intellectual property rights of any sort throughout the world) in and to the Services and documentation and derivative works thereof. Any use by Client of Sigma’s then-current names, marks, logos, and other identifiers for the Services (i) requires Sigma’s prior written approval, (ii) shall comply with Sigma’s standards and usage guidelines for such use, and (iii) shall cease upon expiration or termination of this Agreement.
6.2. Client agrees to comply with Sigma’s branding guidelines with respect to the Services. Client shall not issue any press releases or similar public communication relating to this Agreement or the Services without the prior written approval of Sigma.
6.3. Client acknowledges on behalf of itself and its affiliates that Sigma and its affiliates possess certain existing intellectual property independently developed by Sigma and its affiliates and which relate to their business operations, including but not limited to proprietary methods and management tools to support the activities of such business operations, which shall remain the exclusive property of Sigma and its affiliates. The Parties agree that any improvements, modifications or developments to such intellectual property during the course of providing any Services shall be the exclusive property of Sigma and its affiliates. #18..
- 1022 -
Services Agreement
6.4. Client acknowledges and agrees the Services and any other deliverables provided pursuant to this Agreement constitute part of Sigma’s proprietary information, and except for any rights expressly granted herein, Client retains ownership of the Services and deliverables to the fullest extent permissible under applicable law. The Services and all other rights with respect to any intellectual property developed, delivered, or utilized by Sigma in connection with the Services is the exclusive property of Sigma and such intellectual property shall not be deemed to be “works made for hire.” To the extent any of Sigma’s or its affiliates’ intellectual property is embodied or contained in any deliverables or work product hereunder, Sigma shall grant only grant a nonexclusive license to Client for the intended and ordinary use during the term of this Agreement, which use expressly excludes resale or distribution. Nothing herein shall cause or imply any sale, license, or other transfer of proprietary rights of or in any third-party software or materials from one party of this Agreement to the other.
CONFIDENTIALITY
7. CONFIDENTIALITY
7.1. The Parties shall each take all reasonable efforts to ensure that this Agreement and any information related to the business, plans, technology, products or other information of the other Party acquired by virtue of this Agreement shall be kept confidential and shall not be disclosed or made use of except as necessary for the acquiring Party to perform its obligations under this Agreement. The provisions of this clause shall not apply to the extent that the information (i) is required to be used or disclosed to comply with applicable laws or regulations or with a court order, (ii) was in the public domain prior to its use or disclosure, (iii) was independently developed or discovered without use of the other Party’s confidential information, or (iv) was revealed by a third party having no obligation of confidentiality with regard to the information.
7.2. The Parties shall protect the privacy of all patient health information in accordance with the Privacy and Security Rules promulgated under the Health Insurance Portability and Accountability Act (“HIPAA”) as well as other applicable federal and state laws. A Party having knowledge of any unauthorized or improper uses or disclosures made while performing hereunder shall promptly report such unauthorized use or disclosure to the other Party.
8. DISCLAIMERS AND LIMIT OF LIABILITY
8.1. SIGMA DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT (I) THE
RESULTS OF THE SERVICES SHALL BE FIT FOR ANY PARTICULAR PURPOSE, OR (II) THE SERVICES WILL PRODUCE A PARTICULAR RESULT OR BE 100% SUCCESSFUL OR ACCURATE.
8.2. In the event of any deficiently performed Services, Client’s sole remedy against Sigma in such instance shall be for Sigma to re-perform the Services at its own cost, and Sigma’s total liability to Client (whether for breach of contract, negligence or otherwise) with respect to the Services under the Agreement shall be limited to the revenue it received from Client during this Agreement. Except for damages arising out of willful or reckless conduct or a violation of applicable law, neither Party shall be liable to the other for #18..
- 1023 -
Services Agreement
indirect, incidental, consequential, exemplary or special damages, including without limitation damages for lost profit, regardless of the form of action, whether contract, warranty, strict liability or tort.
8.3. Client represents and warrants that, as of the Effective Date and during the term of this Agreement: (i) Client possesses and agrees to maintain all licenses, registrations and approvals necessary for its performance of this Agreement, and (ii) Client is not precluded by any contract or other obligation from entering into or performing under this Agreement.
9. INDEMNITY. Sigma shall hold the City of Modesto, its agents officials, 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 Sigma, or it's agents, officials, officers, employees or volunteers relating to or during the performance of its obligations under this agreement. Sigma's obligation to defend, indemnify, and hold the City of Modesto, 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 Sigma to procure and maintain a policy of insurance.
10. TERM AND TERMINATION
10.1. The initial term of this Agreement commences on the Effective Date and terminates upon the completion of the Services or _______________, whichever occurs first.
10.2. Either Party may terminate this Agreement without cause upon sixty (60) days’ prior written notice. A Party may terminate this Agreement upon providing the other Party written notice of breach of this Agreement by the other Party, if the other Party fails to cure the breach within fifteen (15) days of receiving the notice of breach. In the event of termination of this Agreement, all compensation for Services performed prior to the date of termination shall be payable to Sigma in accordance with this Agreement. All obligations of a Party set forth in this Agreement that by their nature continue beyond expiration, termination, or cancellation of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality requirements and ownership and property rights) shall survive any such expiration, termination or cancellation shall survive this Agreement for any reason.
11. NOTICES. Any notices, demands or consents required or permitted under this Agreement (“Notices”) shall be in writing in English, addressed as set forth below, and deemed effectively given: (a) upon personal delivery (with signature evidence of delivery); (b) upon delivery confirmation if sent by prepaid first class registered or certified mail (return receipt requested), or by an internationally-recognized express courier service (providing evidence of delivery); or (c) upon the date of transmission (or the next business day, if it is not a business day), if sent by facsimile or email.
If to Sigma:
09-30-2027
Telehealth Specialty Medical Group, PC
P.O. Box 138204
Sacramento, CA 95813-8204
#18..
- 1024 -
Services Agreement
If to Client:
12. MISCELLANEOUS.
1. The Parties shall be independent contractors in their performance under this Agreement. This Agreement (including the exhibits attached hereto) constitutes the entire agreement between the Parties with regard to the subject matters hereof and may not be amended or modified without each Party’s agreement in writing.
Neither Party may assign or transfer this Agreement and/or the rights and obligations hereunder except that Sigma may assign this Agreement to its affiliates or in connection with the transfer or sale of all or substantially all of its assets, or the assets which are the subject matter of this Agreement, or its merger with another entity. Subject to the foregoing, this Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the Parties hereto. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Except as otherwise expressly provided herein, the provisions of this Agreement are for the benefit of the Parties hereto and not for any other person or entity.
2. Cooperative Use of Agreement: In addition the Client and with the approval of the Contractor, this Agreement may be extended for use by other municipalities, school districts and government agencies of the State. Any such usage by other entities must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective entity. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The Client will not be responsible for any disputes arising out of transactions made by other agencies who utilize this agreement.
Signature page follows
City of Modesto
600 10th Street
Modesto, CA 95354
#18..
- 1025 -
Services Agreement
Telehealth Specialty Medical Group, PC
By: ____________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
CLIENT
By: ____________________________
Name: __________________________
Title: ___________________________
Date: ___________________________
Dr. Ravi Patel
President
#18..
- 1026 -
Services Agreement
Exhibit A
SERVICES
The following shall constitute the “Services” for purposes of this Agreement:
• The provision of cardiovascular and metabolic screening to Clients’ workforce members and/or their beneficiaries. Each such screening scheduled to be provided by Sigma to one of Client’s workforce members and/or their beneficiaries is herein referred to as an “Encounter”).
FEE SCHEDULE
Client shall for members of the ____________________________________________ only, pay Sigma [$924] [$924 to be paid for each individual participant ] for each OnSite+ cardiovascular and metabolic screening associated with an Encounter that is either:
City of Modesto Police Department
• Fully rendered by Sigma;
• Initiated but not fully rendered at the request or demand of Client or the workforce member/beneficiary; or • Not fully rendered by Sigma due to the health condition of the workforce member/beneficiary at the time of presenting for the screening.
• Not rendered by Sigma due to the Encounter being canceled by Client, or the workforce member/beneficiary, within 24 hours of the date and time the screening was scheduled by Sigma to be provided; • Lab draw completed on individual and no show or appointment cancelled less than 24hrs prior to screening appointment.
Client shall for members of the ____________________________________________ only, pay Sigma [$399] [$399 to be paid for each individual participant ] for each HeartStart+ program cardiovascular and metabolic screening associated with an Encounter that is either:
City of Modesto Police Department
• Fully rendered by Sigma;
• Initiated but not fully rendered at the request or demand of Client or the workforce member/beneficiary; or • Not fully rendered by Sigma due to the health condition of the workforce member/beneficiary at the time of presenting for the screening.
• Not rendered by Sigma due to the Encounter being canceled by Client, or the workforce member/beneficiary, within 24 hours of the date and time the screening was scheduled by Sigma to be provided; • Lab draw completed on individual and no show or appointment cancelled less than 24hrs prior to screening appointment.
Each of the above Encounters shall be deemed a “Payable Encounter” for purposes of this Agreement.
Maximum Budget not to exceed:_____________________
Client shall be invoiced and will prepay Sigma for the number of scheduled or reasonably anticipated cardiovascular and metabolic screenings to be provided by Sigma based on the number of Encounters. Invoicing will be sent immediately $111,657
#18..
- 1027 -
Services Agreement
after lab draws are completed. Sigma will refund Client for any amounts prepaid by Client for any Encounter that after the completion of the Services does not qualify as a Payable Encounter, promptly upon termination of this Agreement.
Final aggregate data report will be delivered within 7 days of receipt of payment and completion of program. (Note: some data may not be available when enrollment numbers are low due to participant privacy concerns) Labs drawn at a Patient Service Center (PSC), outside of pre scheduled department lab draws will incur an additional fee of $25 per participant to be paid by:
Clinician appointments cancelled less than 24hrs in advance or 'no show' appointments will be charged a rescheduling fee of $25 payable by:
Exceptions may be granted at the discretion of Sigma representative ie, Line of duty needs Participant Department
Participant Department
#18..
- 1028 -
Services Agreement
Exhibit B
Account Set-up Form
Client General Information
Client Legal Name: City of Modesto
Address: 600 10 th Street, Modesto, CA, 95354
Emergency Contact: Telephone:
Email: Tax ID#:
Billing Information
To whose individual attention should invoices be sent? AP Vendors At what address? PO Box 642, Modesto, CA 95353
Telephone: EXT: 209-577-5383 Email: [email protected] To whose individual attention should invoices be sent? Eric Schuller At what address? 600 10 th Street, Modesto, CA, 95354
Telephone: EXT 209-572-9863 : Email: [email protected] #18..
- 1029 -
FINANCIAL INTEREST DISCLOSURE
Any contract award 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 Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.
Vendor must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Vendor shall identify any person with a financial interest in the Vendor 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 Vendor 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 Vendor 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 Vendor 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.
Document Ref: P7OR6-YYHZL-XB3DD-DHNNX Page 3 of 4
#18..
- 1030 -
Print Names of Persons Having a Financial Interest in Vendor Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Vendor Signatory:
Signature of Vendor Representative:
TeleMedicine Group PC
Dr. Ravi Patel, DO
Document Ref: P7OR6-YYHZL-XB3DD-DHNNX Page 4 of 4
#18..
- 1031 -
REF. NUMBER
P7OR6-YYHZL-XB3DD-DHNNX
DOCUMENT COMPLETED BY ALL PARTIES ON
26 AUG 2026 02:08:23
UTC
SIGNER TIMESTAMP SIGNATURE
RAVI PATEL, MD
EMAIL
[email protected]
SENT
24 AUG 2026 18:15:51
VIEWED
26 AUG 2026 02:07:43
SIGNED
26 AUG 2026 02:08:23
IP ADDRESS
75.58.178.177
LOCATION
ORLANDO, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
26 AUG 2026 02:07:43
Signed with PandaDoc PAGE 1 OF 1
#18..
- 1032 -
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 Councilmember(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 Councilmember(s):
___ NO
Document Ref: P7OR6-YYHZL-XB3DD-DHNNX Page 1 of 4
#18..
- 1033 -
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
08 / 25 / 2026
Telemedicine Group PC
Document Ref: P7OR6-YYHZL-XB3DD-DHNNX Page 2 of 4
#18..
- 1034 -
#18..
- 1035 -
#18..
- 1036 -
#18..
- 1037 -
#18..
- 1038 -
#18..
- 1039 -
#18..
- 1040 -
#18..
- 1041 -
#18..
- 1042 -
#18..
- 1043 -
#18..
- 1044 -
#18..
- 1045 -
#18..
- 1046 -
#18..
- 1047 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
October 13, 2026
Date: September 17, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Bystrum Area – Phase 1 Strengthen and Replace Water Mains CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:
Consider approving the Plans and Specifications for the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $3,863,123, authorizing 15% in contingency (if needed), for a total payment amount not to exceed $4,442,591. (Funding Source: Water 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 Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project will replace approximately 9,720 linear feet of outdated water mains that are prone to leaks and low water pressure, along with water valves and fire hydrants in the area to meet current City standards.
The Project limits are as follows:
Herndon Road to the West, Woodworth Avenue to the North, Richland Avenue to the East, and Nadine Avenue to the South.
#19..
- 1048 -
City Council, October 13, 2026
Award Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project
These upgrades will improve system reliability by enhancing water pressure and increasing fire flow capacity for residents.
DISCUSSION:
The Project was advertised for bid on July 28, 2026. Bids were publicly opened on September 1, 2026, pursuant to City Charter Section 1307 and Mid Cal Pipeline & Utilities, Inc., of Merced, CA, was the responsible bidder with the lowest responsive bid.
Bid Analysis:
Number of Bids Received 12
Number of Bids within 10% of Engineer’s Estimate 5
Number of Bids Above the Engineer’s Estimate 0
Number of Bids Below the Engineer’s Estimate 12
Percent Low Bid is Below the Engineer’s Estimate 32.65% Staff reviewed the low bid and determined pricing reflects favorable market conditions and the contractor’s familiarity with similar work, with no scope omissions identified.
Bidder competition and participation was evident as the City received twelve (12) bids.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. The award of a Contract for the construction of the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mid Cal Pipeline & Utilities Inc., was the lowest responsible and responsive and bidder.
While the contingency policy is utilized for each Construction Contract awarded by the City, it is not written into the Contract, nor is it a guaranteed amount included in the final compensation to the contractor.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405 established a Contract Change Order authority of 10% for Construction Contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of this Project where unforeseen conditions may exist when dealing with existing construction, and other unaccounted for issues may arise, it is likely that this Project could exceed the Director’s Authority of 10% ($386,312) of the Construction Contract amount of $3,863,123. Therefore, staff is requesting that the Director’s authority to issue Change Orders be increased to 15% ($579,468) of the Construction Contract amount. #19..
- 1049 -
City Council, October 13, 2026
Award Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project
FISCAL IMPACT:
Expenses associated with this effort are housed in the following Capital Improvement Program Project:
101286 – Bystrom Water Main
ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract – Mid Cal Pipeline & Utilities Inc. $3,863,123 Construction Contingency (15%) $579,468
Construction Administration – City Staff (10%) $386,312 City Construction Forces $50,000
Engineering/Design/Administration – City Staff (4%) $154,525 TOTAL $5,033,428
COMMITTEE RECOMMENDATION
This item was considered by the Economic Development Committee at the meeting held on November 3, 2025, where it was recommended that it be forwarded to Council for approval.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b)(c); 15303 (d).
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $3,863,123, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $579,468, 15% of the original Contract price, for a total payment amount not to exceed $4,442,591 and authorizing the City Manager, or his designee, to execute the Contract.
#19..
- 1050 -
City Council, October 13, 2026
Award Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Construction Contract
3. Bid Results
#19..
- 1051 -
10/13/2026/Utilities/DFelix/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE BYSTRUM AREA – PHASE 1 STRENGTHEN AND REPLACE WATER MAINS
PROJECT, ACCEPTING THE BID AND AWARDING A CONSTRUCTION
CONTRACT TO MID CAL PIPELINE & UTILITIES, INC., OF MERCED, CA IN THE AMOUNT OF $3,863,123, AUTHORIZING THE DIRECTOR OF
ENGINEERING SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $579,468, 15% OF THE ORIGINAL CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $4,442,591
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE CONTRACT
WHEREAS, the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project will replace approximately 9,720 linear feet of outdated water mains that are prone to leaks and low water pressure, along with water valves and fire hydrants in the area to meet current City standards; and WHEREAS, these upgrades will improve system reliability by enhancing water pressure and increasing fire flow capacity for residents; and WHEREAS, the Project was advertised for bid on July 28, 2026; and WHEREAS, bids were publicly opened on September 1, 2026, pursuant to City Charter Section 1307; and
WHEREAS, twelve (12) bids were received; and
WHEREAS, Mid Cal Pipeline & Utilities, Inc., of Merced, CA, was the responsible bidder with the lowest responsive bid; 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 the formal bid procedures; and #19..
- 1052 -
10/13/2026/Utilities/DFelix/Item X 2 2026-XX
WHEREAS the award of a Contract for the construction of the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Mid Cal Pipeline & Utilities, Inc. was the lowest responsible and responsive bidder.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Bystrum Area – Phase 1 Strengthen and Replace Water Mains Project, accepts the bid of $3,863,123, authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $579,468, 15% of the original Contract price, for a total payment amount not to exceed $4,442,591, and awards a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Contract, in a form approved by the City Attorney.
#19..
- 1053 -
10/13/2026/Utilities/DFelix/Item X 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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:
DIANA NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 1054 -
#19..
- 1055 -
#19..
- 1056 -
#19..
- 1057 -
#19..
- 1058 -
#19..
- 1059 -
#19..
- 1060 -
#19..
- 1061 -
#19..
- 1062 -
#19..
- 1063 -
#19..
- 1064 -
#19..
- 1065 -
Water Mains
Bid Tabulation Wednesday, September 2, 2026
Project Title: Bystrum Area - Phase 1 Strengthen & Replace Water Mains
Project ID #: 2026-015
Vault ID #: 08-D-01038
Account #: 101286
Bid Opening: 9/1/2026 at 11:00 AM Organization: Utilities Dept.
Basis of Award: By Base Bid Designer: NorthStar Engineering Design Manager: David Felix
Project Description: This project will replace approximately 9,720 LF of aging, existing water mains in the Bystrum neighborhood, located in Stanislaus County along the border of north Ceres and south Modesto. The project limits include Herndon Avenue to the east, Woodworth Avenue to north, Richland Avenue to the east, and Nadine Avenue to the south.
The existing water mains in this area are old, undersized steel mains prone to leaks and low pressures. This project will install new water mains, valves, fire hydrants, and other appurtenances to current City Standards to aid in system reliability, flows and pressures.
Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mid Cal Pipeline & Utilities, Inc.
(209) 383-7473 P.O. Box 2406, Merced, CA 95344
Base Bid
1 Potholing LS 1 $130,000.00 $130,000.00
2 Traffic Control/Handling, Signage, and LS 1 $40,000.00 $40,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 6 Shoring, Bracing, and Sheeting LS 1 $5,000.00 $5,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $4.00 $137,332.00 8 Remove, Dispose, and Abandon Existing EA 8 $2,000.00 $16,000.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $50,000.00 $50,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $400.00 $59,200.00 11 Remove Concrete Curb & Gutter LF 24 $100.00 $2,400.00 12 Remove Concrete Sidewalk SF 275 $20.00 $5,500.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $300.00 $7,200.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $100.00 $27,500.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $140.00 $267,400.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $150.00 $279,000.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $110.00 $375,100.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $118.00 $299,720.00 #19..
- 1066 -
Water Mains
19 6-inch DR18 PVC Pipe (C900) LF 560 $100.00 $56,000.00 20 12-inch Gate Valve EA 25 $4,800.00 $120,000.00
21 8-inch Gate Valve EA 43 $2,500.00 $107,500.00
22 6-inch Gate Valve EA 23 $2,000.00 $46,000.00
23 Fire Hydrant Assembly EA 21 $10,000.00 $210,000.00
24 Connect to Existing Water Main EA 9 $8,000.00 $72,000.00 25 1-inch Water Service w/ Meter Box EA 187 $2,200.00 $411,400.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $38.00 $468,958.00 27 Connection to Existing Hose Bib EA 148 $600.00 $88,800.00 28 Hot Mix Asphalt (Type A) TON 952 $290.00 $276,080.00 29 Class II Aggregate Base CY 857 $125.00 $107,125.00
30 Type II Slurry Seal SY 7535 $11.50 $86,652.50
31 Restore Traffic Striping, Markings, and LS 1 $48,000.00 $48,000.00 Signage
32 Install Red Curb LF 198 $3.00 $594.00
33 Fire Hydrant Marker (Type BB) EA 28 $38.00 $1,064.00 Total: $3,863,122.50
Percent From Engineer's Estimate: -32.65%
D. A. Wood Construction Inc.
(209) 491-4970 963 Shepard CT., Oakdale, CA 95361
Base Bid
1 Potholing LS 1 $70,250.00 $70,250.00
2 Traffic Control/Handling, Signage, and LS 1 $150,000.00 $150,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $70,000.00 $70,000.00 6 Shoring, Bracing, and Sheeting LS 1 $10,000.00 $10,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $3.00 $102,999.00 8 Remove, Dispose, and Abandon Existing EA 8 $3,000.00 $24,000.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $123,700.00 $123,700.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $286.00 $42,328.00 11 Remove Concrete Curb & Gutter LF 24 $50.00 $1,200.00 12 Remove Concrete Sidewalk SF 275 $22.00 $6,050.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $200.00 $4,800.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $48.00 $13,200.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $146.00 $278,860.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $153.00 $284,580.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $107.00 $364,870.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $110.00 $279,400.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $130.00 $72,800.00 20 12-inch Gate Valve EA 25 $6,100.00 $152,500.00
21 8-inch Gate Valve EA 43 $3,375.00 $145,125.00
22 6-inch Gate Valve EA 23 $2,585.00 $59,455.00
23 Fire Hydrant Assembly EA 21 $6,500.00 $136,500.00
24 Connect to Existing Water Main EA 9 $7,125.00 $64,125.00 25 1-inch Water Service w/ Meter Box EA 187 $2,175.00 $406,725.00 #19..
- 1067 -
Water Mains
26 Pneumatic Boring of 1-inch Water Service LF 12341 $44.00 $543,004.00 27 Connection to Existing Hose Bib EA 148 $1,000.00 $148,000.00 28 Hot Mix Asphalt (Type A) TON 952 $335.00 $318,920.00 29 Class II Aggregate Base CY 857 $64.00 $54,848.00
30 Type II Slurry Seal SY 7535 $8.00 $60,280.00
31 Restore Traffic Striping, Markings, and LS 1 $32,000.00 $32,000.00 Signage
32 Install Red Curb LF 198 $5.00 $990.00
33 Fire Hydrant Marker (Type BB) EA 28 $25.00 $700.00
Total: $4,058,806.00
Percent From Engineer's Estimate: -29.24%
Mozingo Construction, Inc.
(209) 848-0160 751 Wakefield Ct., Oakdale, CA 95361
Base Bid
1 Potholing LS 1 $217,000.00 $217,000.00
2 Traffic Control/Handling, Signage, and LS 1 $220,000.00 $220,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 6 Shoring, Bracing, and Sheeting LS 1 $25,000.00 $25,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $1.25 $42,916.25 8 Remove, Dispose, and Abandon Existing EA 8 $1,400.00 $11,200.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $100,000.00 $100,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $550.00 $81,400.00 11 Remove Concrete Curb & Gutter LF 24 $57.00 $1,368.00 12 Remove Concrete Sidewalk SF 275 $5.00 $1,375.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $180.00 $4,320.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $61.00 $16,775.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $147.00 $280,770.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $165.00 $306,900.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $117.00 $398,970.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $123.00 $312,420.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $173.00 $96,880.00 20 12-inch Gate Valve EA 25 $5,750.00 $143,750.00
21 8-inch Gate Valve EA 43 $3,750.00 $161,250.00
22 6-inch Gate Valve EA 23 $2,950.00 $67,850.00
23 Fire Hydrant Assembly EA 21 $7,500.00 $157,500.00
24 Connect to Existing Water Main EA 9 $5,500.00 $49,500.00 25 1-inch Water Service w/ Meter Box EA 187 $3,650.00 $682,550.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $2.25 $27,767.25 27 Connection to Existing Hose Bib EA 148 $3,500.00 $518,000.00 28 Hot Mix Asphalt (Type A) TON 952 $290.00 $276,080.00 29 Class II Aggregate Base CY 857 $65.00 $55,705.00
30 Type II Slurry Seal SY 7535 $7.00 $52,745.00
31 Restore Traffic Striping, Markings, and LS 1 $42,500.00 $42,500.00 Signage
32 Install Red Curb LF 198 $3.25 $643.50
#19..
- 1068 -
Water Mains
33 Fire Hydrant Marker (Type BB) EA 28 $42.00 $1,176.00 Total: $4,415,908.00
Percent From Engineer's Estimate: -23.02%
K.J. Woods Construction Inc.
(415) 759-0506 PO Box 947, South San Francisco, CA 94083 Base Bid
1 Potholing LS 1 $126,887.00 $126,887.00
2 Traffic Control/Handling, Signage, and LS 1 $150,000.00 $150,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $15,000.00 $15,000.00 6 Shoring, Bracing, and Sheeting LS 1 $50,000.00 $50,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $3.00 $102,999.00 8 Remove, Dispose, and Abandon Existing EA 8 $650.00 $5,200.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $120,000.00 $120,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $500.00 $74,000.00 11 Remove Concrete Curb & Gutter LF 24 $25.00 $600.00
12 Remove Concrete Sidewalk SF 275 $5.00 $1,375.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $110.00 $2,640.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $18.00 $4,950.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $240.00 $458,400.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $230.00 $427,800.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $215.00 $733,150.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $205.00 $520,700.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $135.00 $75,600.00 20 12-inch Gate Valve EA 25 $5,500.00 $137,500.00
21 8-inch Gate Valve EA 43 $3,675.00 $158,025.00
22 6-inch Gate Valve EA 23 $2,000.00 $46,000.00
23 Fire Hydrant Assembly EA 21 $5,000.00 $105,000.00
24 Connect to Existing Water Main EA 9 $8,000.00 $72,000.00 25 1-inch Water Service w/ Meter Box EA 187 $1,750.00 $327,250.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $14.00 $172,774.00 27 Connection to Existing Hose Bib EA 148 $500.00 $74,000.00 28 Hot Mix Asphalt (Type A) TON 952 $220.00 $209,440.00 29 Class II Aggregate Base CY 857 $210.00 $179,970.00
30 Type II Slurry Seal SY 7535 $8.80 $66,308.00
31 Restore Traffic Striping, Markings, and LS 1 $32,500.00 $32,500.00 Signage
32 Install Red Curb LF 198 $2.50 $495.00
33 Fire Hydrant Marker (Type BB) EA 28 $30.00 $840.00
Total: $4,488,000.00
Percent From Engineer's Estimate: -21.76%
#19..
- 1069 -
Water Mains
Flowline Contractors, Inc.
(916) 383-7525 6560 Asher Lane, Sacramento, CA 95828
Base Bid
1 Potholing LS 1 $326,276.00 $326,276.00
2 Traffic Control/Handling, Signage, and LS 1 $131,634.00 $131,634.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $11,396.00 $11,396.00 6 Shoring, Bracing, and Sheeting LS 1 $28,257.00 $28,257.00 7 Sawcut and Remove Existing Pavement SF 34333 $1.65 $56,649.45 8 Remove, Dispose, and Abandon Existing EA 8 $1,503.00 $12,024.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $120,363.00 $120,363.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $119.00 $17,612.00 11 Remove Concrete Curb & Gutter LF 24 $85.00 $2,040.00 12 Remove Concrete Sidewalk SF 275 $21.00 $5,775.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $174.00 $4,176.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $65.00 $17,875.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $163.00 $311,330.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $164.00 $305,040.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $128.00 $436,480.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $129.00 $327,660.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $142.00 $79,520.00 20 12-inch Gate Valve EA 25 $5,734.00 $143,350.00
21 8-inch Gate Valve EA 43 $3,757.00 $161,551.00
22 6-inch Gate Valve EA 23 $3,127.00 $71,921.00
23 Fire Hydrant Assembly EA 21 $10,425.00 $218,925.00
24 Connect to Existing Water Main EA 9 $9,051.00 $81,459.00 25 1-inch Water Service w/ Meter Box EA 187 $4,005.00 $748,935.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $20.00 $246,820.00 27 Connection to Existing Hose Bib EA 148 $828.00 $122,544.00 28 Hot Mix Asphalt (Type A) TON 952 $345.00 $328,440.00 29 Class II Aggregate Base CY 857 $92.00 $78,844.00
30 Type II Slurry Seal SY 7535 $8.00 $60,280.00
31 Restore Traffic Striping, Markings, and LS 1 $36,285.00 $36,285.00 Signage
32 Install Red Curb LF 198 $148.50 $29,403.00
33 Fire Hydrant Marker (Type BB) EA 28 $32.00 $896.00
Total: $4,560,357.45
Percent From Engineer's Estimate: -20.50%
Koios Engineering Inc
(650) 826-7632 1485 Bayshore Blvd., #189, San Francisco, CA 94124 Base Bid
1 Potholing LS 1 $150,000.00 $150,000.00
2 Traffic Control/Handling, Signage, and LS 1 $250,000.00 $250,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 #19..
- 1070 -
Water Mains
Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $35,000.00 $35,000.00 6 Shoring, Bracing, and Sheeting LS 1 $25,000.00 $25,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $0.50 $17,166.50 8 Remove, Dispose, and Abandon Existing EA 8 $500.00 $4,000.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $40,000.00 $40,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $50.00 $7,400.00 11 Remove Concrete Curb & Gutter LF 24 $45.00 $1,080.00 12 Remove Concrete Sidewalk SF 275 $5.00 $1,375.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $140.00 $3,360.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $35.00 $9,625.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $325.00 $620,750.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $350.00 $651,000.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $275.00 $937,750.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $280.00 $711,200.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $250.00 $140,000.00 20 12-inch Gate Valve EA 25 $5,000.00 $125,000.00
21 8-inch Gate Valve EA 43 $3,000.00 $129,000.00
22 6-inch Gate Valve EA 23 $2,500.00 $57,500.00
23 Fire Hydrant Assembly EA 21 $8,500.00 $178,500.00
24 Connect to Existing Water Main EA 9 $10,000.00 $90,000.00 25 1-inch Water Service w/ Meter Box EA 187 $2,000.00 $374,000.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $1.00 $12,341.00 27 Connection to Existing Hose Bib EA 148 $50.00 $7,400.00 28 Hot Mix Asphalt (Type A) TON 952 $230.00 $218,960.00 29 Class II Aggregate Base CY 857 $25.00 $21,425.00
30 Type II Slurry Seal SY 7535 $7.00 $52,745.00
31 Restore Traffic Striping, Markings, and LS 1 $40,000.00 $40,000.00 Signage
32 Install Red Curb LF 198 $3.00 $594.00
33 Fire Hydrant Marker (Type BB) EA 28 $35.00 $980.00
Total: $4,949,748.50
Percent From Engineer's Estimate: -13.71%
Machado & Sons Construction, Inc.
(209) 632-5260 1000 S. Kilroy Road, Turlock, CA 95380
Base Bid
1 Potholing LS 1 $246,962.00 $246,962.00
2 Traffic Control/Handling, Signage, and LS 1 $233,339.36 $233,339.36 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $1,801.00 $1,801.00 6 Shoring, Bracing, and Sheeting LS 1 $23,288.00 $23,288.00 7 Sawcut and Remove Existing Pavement SF 34333 $2.20 $75,532.60 8 Remove, Dispose, and Abandon Existing EA 8 $3,016.00 $24,128.00 Fire Hydrant Assembly
#19..
- 1071 -
Water Mains
9 Abandonment of Water Lines, Valves & LS 1 $278,392.54 $278,392.54 Services
10 Remove and Relocate Existing Water Meter EA 148 $512.00 $75,776.00 11 Remove Concrete Curb & Gutter LF 24 $210.00 $5,040.00 12 Remove Concrete Sidewalk SF 275 $18.00 $4,950.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $270.00 $6,480.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $25.00 $6,875.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $167.00 $318,970.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $175.00 $325,500.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $127.00 $433,070.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $124.00 $314,960.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $250.00 $140,000.00 20 12-inch Gate Valve EA 25 $6,394.00 $159,850.00
21 8-inch Gate Valve EA 43 $3,554.00 $152,822.00
22 6-inch Gate Valve EA 23 $3,738.00 $85,974.00
23 Fire Hydrant Assembly EA 21 $9,874.00 $207,354.00
24 Connect to Existing Water Main EA 9 $9,922.00 $89,298.00 25 1-inch Water Service w/ Meter Box EA 187 $1,922.00 $359,414.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $64.00 $789,824.00 27 Connection to Existing Hose Bib EA 148 $908.00 $134,384.00 28 Hot Mix Asphalt (Type A) TON 952 $310.00 $295,120.00 29 Class II Aggregate Base CY 857 $135.00 $115,695.00
30 Type II Slurry Seal SY 7535 $5.50 $41,442.50
31 Restore Traffic Striping, Markings, and LS 1 $32,826.00 $32,826.00 Signage
32 Install Red Curb LF 198 $2.50 $495.00
33 Fire Hydrant Marker (Type BB) EA 28 $30.00 $840.00
Total: $5,017,000.00
Percent From Engineer's Estimate: -12.54%
Rolfe Construction Inc.
(209) 358-5548 3573 Southern Pacific Avenue, Atwater, CA 95301 Base Bid
1 Potholing LS 1 $106,329.00 $106,329.00
2 Traffic Control/Handling, Signage, and LS 1 $55,432.00 $55,432.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $40,716.00 $40,716.00 6 Shoring, Bracing, and Sheeting LS 1 $27,987.00 $27,987.00 7 Sawcut and Remove Existing Pavement SF 34333 $4.00 $137,332.00 8 Remove, Dispose, and Abandon Existing EA 8 $1,754.00 $14,032.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $120,000.00 $120,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $518.00 $76,664.00 11 Remove Concrete Curb & Gutter LF 24 $187.00 $4,488.00 12 Remove Concrete Sidewalk SF 275 $20.00 $5,500.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $583.50 $14,004.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $150.00 $41,250.00 #19..
- 1072 -
Water Mains
15 12-inch DR18 PVC Pipe (C900) LF 1910 $210.00 $401,100.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $200.00 $372,000.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $110.00 $375,100.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $100.00 $254,000.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $100.00 $56,000.00 20 12-inch Gate Valve EA 25 $5,300.00 $132,500.00
21 8-inch Gate Valve EA 43 $3,300.00 $141,900.00
22 6-inch Gate Valve EA 23 $3,300.00 $75,900.00
23 Fire Hydrant Assembly EA 21 $6,603.00 $138,663.00
24 Connect to Existing Water Main EA 9 $6,620.00 $59,580.00 25 1-inch Water Service w/ Meter Box EA 187 $2,000.00 $374,000.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $80.00 $987,280.00 27 Connection to Existing Hose Bib EA 148 $600.00 $88,800.00 28 Hot Mix Asphalt (Type A) TON 952 $500.00 $476,000.00 29 Class II Aggregate Base CY 857 $500.00 $428,500.00
30 Type II Slurry Seal SY 7535 $10.00 $75,350.00
31 Restore Traffic Striping, Markings, and LS 1 $42,250.00 $42,250.00 Signage
32 Install Red Curb LF 198 $4.00 $792.00
33 Fire Hydrant Marker (Type BB) EA 28 $40.00 $1,120.00 Total: $5,161,166.00
Percent From Engineer's Estimate: -10.02%
ARB, Inc.
(209) 327-4565 1875 Loveridge Road, Pittsburg, CA 94565 Base Bid
1 Potholing LS 1 $150,000.00 $150,000.00
2 Traffic Control/Handling, Signage, and LS 1 $300,000.00 $300,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $15,000.00 $15,000.00 6 Shoring, Bracing, and Sheeting LS 1 $75,000.00 $75,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $3.00 $102,999.00 8 Remove, Dispose, and Abandon Existing EA 8 $2,200.00 $17,600.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $140,000.00 $140,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $600.00 $88,800.00 11 Remove Concrete Curb & Gutter LF 24 $22.50 $540.00
12 Remove Concrete Sidewalk SF 275 $2.00 $550.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $300.00 $7,200.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $40.00 $11,000.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $198.00 $378,180.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $200.00 $372,000.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $165.00 $562,650.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $165.00 $419,100.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $165.00 $92,400.00 20 12-inch Gate Valve EA 25 $5,800.00 $145,000.00
21 8-inch Gate Valve EA 43 $3,600.00 $154,800.00
22 6-inch Gate Valve EA 23 $2,300.00 $52,900.00
#19..
- 1073 -
Water Mains
23 Fire Hydrant Assembly EA 21 $5,800.00 $121,800.00
24 Connect to Existing Water Main EA 9 $17,000.00 $153,000.00 25 1-inch Water Service w/ Meter Box EA 187 $1,510.00 $282,370.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $48.00 $592,368.00 27 Connection to Existing Hose Bib EA 148 $2,500.00 $370,000.00 28 Hot Mix Asphalt (Type A) TON 952 $370.00 $352,240.00 29 Class II Aggregate Base CY 857 $120.00 $102,840.00
30 Type II Slurry Seal SY 7535 $6.00 $45,210.00
31 Restore Traffic Striping, Markings, and LS 1 $31,265.00 $31,265.00 Signage
32 Install Red Curb LF 198 $5.00 $990.00
33 Fire Hydrant Marker (Type BB) EA 28 $25.00 $700.00
Total: $5,175,099.00
Percent From Engineer's Estimate: -9.78%
Katch Environmental, Inc.
(559) 292-6653 929 L Street, Fresno, CA 93721
Base Bid
1 Potholing LS 1 $12,000.00 $12,000.00
2 Traffic Control/Handling, Signage, and LS 1 $270,492.00 $270,492.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $33,174.00 $33,174.00 6 Shoring, Bracing, and Sheeting LS 1 $87,127.00 $87,127.00 7 Sawcut and Remove Existing Pavement SF 34333 $10.74 $368,736.42 8 Remove, Dispose, and Abandon Existing EA 8 $27,770.50 $222,164.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $354,422.00 $354,422.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $1,789.86 $264,899.28 11 Remove Concrete Curb & Gutter LF 24 $501.46 $12,035.04 12 Remove Concrete Sidewalk SF 275 $45.44 $12,496.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $597.75 $14,346.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $57.01 $15,677.75 15 12-inch DR18 PVC Pipe (C900) LF 1910 $209.66 $400,450.60 16 12-inch DR14 PVC Pipe (C900) LF 1860 $195.74 $364,076.40 17 8-inch DR18 PVC Pipe (C900) LF 3410 $161.17 $549,589.70 18 8-inch DR14 PVC Pipe (C900) LF 2540 $146.50 $372,110.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $346.50 $194,040.00 20 12-inch Gate Valve EA 25 $4,431.48 $110,787.00
21 8-inch Gate Valve EA 43 $2,544.35 $109,407.05
22 6-inch Gate Valve EA 23 $2,138.17 $49,177.91
23 Fire Hydrant Assembly EA 21 $10,268.67 $215,642.07
24 Connect to Existing Water Main EA 9 $3,252.11 $29,268.99 25 1-inch Water Service w/ Meter Box EA 187 $1,820.45 $340,424.15 26 Pneumatic Boring of 1-inch Water Service LF 12341 $27.58 $340,364.78 27 Connection to Existing Hose Bib EA 148 $993.51 $147,039.48 28 Hot Mix Asphalt (Type A) TON 952 $185.11 $176,224.72 #19..
- 1074 -
Water Mains
29 Class II Aggregate Base CY 857 $176.85 $151,560.45
30 Type II Slurry Seal SY 7535 $6.72 $50,635.20
31 Restore Traffic Striping, Markings, and LS 1 $32,500.00 $32,500.00 Signage
32 Install Red Curb LF 198 $2.50 $495.00
33 Fire Hydrant Marker (Type BB) EA 28 $30.00 $840.00
Total: $5,338,799.99
Percent From Engineer's Estimate: -6.93%
Dawson-Mauldin, LLC.
(559) 896-0098 3410 McCall Ave., Suite 106, Selema, CA 93662 Base Bid
1 Potholing LS 1 $200,000.00 $200,000.00
2 Traffic Control/Handling, Signage, and LS 1 $150,000.00 $150,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $15,000.00 $15,000.00 6 Shoring, Bracing, and Sheeting LS 1 $55,000.00 $55,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $3.00 $102,999.00 8 Remove, Dispose, and Abandon Existing EA 8 $2,200.00 $17,600.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $200,000.00 $200,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $125.00 $18,500.00 11 Remove Concrete Curb & Gutter LF 24 $135.00 $3,240.00 12 Remove Concrete Sidewalk SF 275 $25.00 $6,875.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $195.00 $4,680.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $40.00 $11,000.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $180.00 $343,800.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $188.00 $349,680.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $150.00 $511,500.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $160.00 $406,400.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $190.00 $106,400.00 20 12-inch Gate Valve EA 25 $6,200.00 $155,000.00
21 8-inch Gate Valve EA 43 $3,400.00 $146,200.00
22 6-inch Gate Valve EA 23 $3,000.00 $69,000.00
23 Fire Hydrant Assembly EA 21 $12,000.00 $252,000.00
24 Connect to Existing Water Main EA 9 $12,000.00 $108,000.00 25 1-inch Water Service w/ Meter Box EA 187 $4,200.00 $785,400.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $30.00 $370,230.00 27 Connection to Existing Hose Bib EA 148 $1,900.00 $281,200.00 28 Hot Mix Asphalt (Type A) TON 952 $410.00 $390,320.00 29 Class II Aggregate Base CY 857 $200.00 $171,400.00
30 Type II Slurry Seal SY 7535 $10.00 $75,350.00
31 Restore Traffic Striping, Markings, and LS 1 $38,000.00 $38,000.00 Signage
32 Install Red Curb LF 198 $3.00 $594.00
33 Fire Hydrant Marker (Type BB) EA 28 $35.00 $980.00
Total: $5,382,945.00
Percent From Engineer's Estimate: -6.16%
#19..
- 1075 -
Water Mains
West Valley Construction Company, Inc.
(408) 371-5510 603 Campbell Technology Parkway, Campbell, CA 95008 Base Bid
1 Potholing LS 1 $231,500.00 $231,500.00
2 Traffic Control/Handling, Signage, and LS 1 $321,000.00 $321,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 Permit
5 Water Pollution Control Plan (WPCP) LS 1 $32,000.00 $32,000.00 6 Shoring, Bracing, and Sheeting LS 1 $20,000.00 $20,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $1.00 $34,333.00 8 Remove, Dispose, and Abandon Existing EA 8 $1,750.00 $14,000.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $270,000.00 $270,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $200.00 $29,600.00 11 Remove Concrete Curb & Gutter LF 24 $135.00 $3,240.00 12 Remove Concrete Sidewalk SF 275 $12.00 $3,300.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $305.00 $7,320.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $70.00 $19,250.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $180.00 $343,800.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $186.00 $345,960.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $129.00 $439,890.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $130.00 $330,200.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $250.00 $140,000.00 20 12-inch Gate Valve EA 25 $6,300.00 $157,500.00
21 8-inch Gate Valve EA 43 $4,000.00 $172,000.00
22 6-inch Gate Valve EA 23 $3,000.00 $69,000.00
23 Fire Hydrant Assembly EA 21 $8,500.00 $178,500.00
24 Connect to Existing Water Main EA 9 $10,300.00 $92,700.00 25 1-inch Water Service w/ Meter Box EA 187 $3,850.00 $719,950.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $53.00 $654,073.00 27 Connection to Existing Hose Bib EA 148 $795.00 $117,660.00 28 Hot Mix Asphalt (Type A) TON 952 $310.00 $295,120.00 29 Class II Aggregate Base CY 857 $320.00 $274,240.00
30 Type II Slurry Seal SY 7535 $8.70 $65,554.50
31 Restore Traffic Striping, Markings, and LS 1 $57,500.00 $57,500.00 Signage
32 Install Red Curb LF 198 $7.50 $1,485.00
33 Fire Hydrant Marker (Type BB) EA 28 $38.00 $1,064.00 Total: $5,478,336.50
Percent From Engineer's Estimate: -4.49%
Engineer's Estimate
Base Bid
1 Potholing LS 1 $75,000.00 $75,000.00
2 Traffic Control/Handling, Signage, and LS 1 $162,000.00 $162,000.00 Permitting
3 Allowance for Stanislaus County LS 1 $13,712.00 $13,712.00 Encroachment Permit
4 Allowance for City of Ceres Encroachment LS 1 $22,885.00 $22,885.00 #19..
- 1076 -
Water Mains
Permit
5 Water Pollution Control Plan (WPCP) LS 1 $81,000.00 $81,000.00 6 Shoring, Bracing, and Sheeting LS 1 $76,000.00 $76,000.00 7 Sawcut and Remove Existing Pavement SF 34333 $5.00 $171,665.00 8 Remove, Dispose, and Abandon Existing EA 8 $3,000.00 $24,000.00 Fire Hydrant Assembly
9 Abandonment of Water Lines, Valves & LS 1 $50,000.00 $50,000.00 Services
10 Remove and Relocate Existing Water Meter EA 148 $2,500.00 $370,000.00 11 Remove Concrete Curb & Gutter LF 24 $15.00 $360.00
12 Remove Concrete Sidewalk SF 275 $2.00 $550.00
13 Minor Concrete (6-inch) Vertical Curb & LF 24 $60.00 $1,440.00 Gutter)
14 Minor Concrete (Sidewalk & Flatwork) SF 275 $8.00 $2,200.00 15 12-inch DR18 PVC Pipe (C900) LF 1910 $165.00 $315,150.00 16 12-inch DR14 PVC Pipe (C900) LF 1860 $200.00 $372,000.00 17 8-inch DR18 PVC Pipe (C900) LF 3410 $110.00 $375,100.00 18 8-inch DR14 PVC Pipe (C900) LF 2540 $132.00 $335,280.00 19 6-inch DR18 PVC Pipe (C900) LF 560 $95.00 $53,200.00 20 12-inch Gate Valve EA 25 $11,000.00 $275,000.00
21 8-inch Gate Valve EA 43 $5,000.00 $215,000.00
22 6-inch Gate Valve EA 23 $4,200.00 $96,600.00
23 Fire Hydrant Assembly EA 21 $10,000.00 $210,000.00
24 Connect to Existing Water Main EA 9 $8,000.00 $72,000.00 25 1-inch Water Service w/ Meter Box EA 187 $6,000.00 $1,122,000.00 26 Pneumatic Boring of 1-inch Water Service LF 12341 $65.00 $802,165.00 27 Connection to Existing Hose Bib EA 148 $250.00 $37,000.00 28 Hot Mix Asphalt (Type A) TON 952 $250.00 $238,000.00 29 Class II Aggregate Base CY 857 $115.00 $98,555.00
30 Type II Slurry Seal SY 7535 $6.60 $49,731.00
31 Restore Traffic Striping, Markings, and LS 1 $10,000.00 $10,000.00 Signage
32 Install Red Curb LF 198 $8.00 $1,584.00
33 Fire Hydrant Marker (Type BB) EA 28 $250.00 $7,000.00 Total: $5,736,177.00
#19..
- 1077 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
October 13, 2026
Date: September 9, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Water System Engineer’s Report Update and Rate and Fee Study CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:
Consider approving an Agreement with West Yost, of Sacramento, CA, for the preparation of the Water System Engineer’s Report Update for an Agreement total not to exceed $93,885; and an Agreement with Bartle Wells Associates, of Berkeley, CA, for the preparation of the Water Rate and Fee Study for an Agreement total not to exceed $219,588. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City’s water system is a self-supporting utility enterprise funded by customer revenues. The City provides water service to approximately 76,600 accounts consisting of residential, multi-family, commercial, and industrial customers. The contiguous water system serves the City of Modesto, the communities of Salida and Empire, portions of the City of Ceres, and some unincorporated areas in Stanislaus County. The City also owns and operates separate water systems in Del Rio, Grayson, and parts of the City of Turlock. The City’s water system consists of water distribution systems, 77 active groundwater wells, and 12 storage tanks; The City also purchases treated surface water from the Modesto Irrigation District.
In 1996, California voters adopted Proposition 218 which amended the California Constitution to establish a process that public agencies must follow when imposing new #20..
- 1078 -
City Council, October 13, 2026
Water System Engineer’s Report Update and Rate and Fee Study
or increasing property-related fees (Article XII D). In 2007, the California Supreme Court ruled that water service fees are property-related fees, thus subject to Proposition 218 requirements.
Proposition 218 requires that a public agency mail a notice of the proposed rate and fee increase(s) to all affected property owners or ratepayers at least 45 days before conducting a public hearing to consider the proposed increase(s). The notice must include the proposed rate and fee amounts, state how the rates and fees were calculated, the reason for the rates and fees, and the date, time and location of the public hearing in which the agency will consider adopting the increase(s). The notice must also inform affected property owners or ratepayers that the increase(s) is subject to a majority protest, meaning that if more than 50% of affected property owners or ratepayers submit written protests against the proposed increase(s), the increase(s) will not be adopted.
Proposition 218 further mandates that any property-related fee imposed by a public agency cannot exceed the proportional cost of providing service attributable to that customer by placing certain restrictions on the rate and fee amounts to be charged and limiting what costs can be funded by the revenue generated by the proposed rates and fees.
On April 28, 2020, by Resolution No. 2020-209, Council approved the 2017 Water System Master Plan (Master Plan) prepared by West Yost as complete. The Master Plan is the basis for the Water System Engineer’s Report and its associated updates.
On June 27, 2023, by Resolution No. 2023-315, Council approved the Water System Engineer’s Report Update prepared by West Yost as complete.
On June 27, 2023, by Resolution No. 2023-316, Council approved the Water Rate and Fee Study prepared by Bartle Wells Associates (BWA) as complete.
On June 27, 2023, by Resolution No. 2023-317, Council authorized staff to initiate the Proposition 218 process to adjust the City’s water rates to be effective October 1, 2023, through Fiscal Year 2027-28.
On August 22, 2023, a public hearing was held, and by Resolution No. 2023-291, Council adopted water service rates, effective October 1, 2023, for Fiscal Years 2023- 24 through 2027-28 in accordance with Proposition 218.
DISCUSSION:
As a result of ever-increasing capital improvement project operations and maintenance costs, the current water rate and fee structure will not adequately fund the enterprise’s activities. Therefore, staff is recommending the use of a financial advisory and utility rate consulting firm to complete a Rate and Fee Study to fund current and future #20..
- 1079 -
City Council, October 13, 2026
Water System Engineer’s Report Update and Rate and Fee Study
expenses insuring a consistent and reliable level of service is provided to our customers.
The Water System Master Plan prepared by West Yost, is a 20-year projection of capital improvement projects necessary to ensure the proper operation, maintenance, and reliability of the water system and the foundational document for the Water System Engineer’s Report, which is the supporting analysis used for the Water Rate and Fee Study.
The Water System Engineer’s Report Update will evaluate the costs of sustaining the enterprise, along with analyzing and reprioritizing schedules of all required water system improvement projects to meet future growth demands and projected regulatory and permitting requirements. The results of the Water System Engineer’s Report Update will be incorporated into the Water Rate and Fee Study.
Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in MMC Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”.
Due to the professional liability involved, it is unlikely that other firms would be willing to update or transition an existing report/study that they did not create without the background knowledge of the original data and design intent. Here, retaining West Yost as the Engineer of Record and BWA ensures continuity, reduces costs and delays and maintains a consistent level of professional service based on their experience and project related expertise. For these reasons, staff recommends that the Agreements with West Yost and BWA should be exempt from the formal bidding procedures in accordance with MMC 8-3.204(d).
FISCAL IMPACT:
ANTICIPATED EXPENDITURES
West Yost Agreement - Water System Engineer’s Report Update $85,350 Additional Services (if needed) $8,535
BWA Agreement - Water Rate and Fee Study $199,625
Additional Services (if needed) $19,963
Engineering/Design/Administration - City Staff $50,000
TOTAL $363,473
#20..
- 1080 -
City Council, October 13, 2026
Water System Engineer’s Report Update and Rate and Fee Study
A budget adjustment in the amount of $363,473 will be necessary from Water Fund Reserves to establish the expense budget for this Project.
COMMITTEE RECOMMENDATION:
This item was considered by the Finance Committee at the meeting held on August 24, 2026, where it was recommended that it be forwarded to Council.
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 an Agreement with West Yost, of Sacramento, CA, for the preparation of the Water System Engineer’s Report Update in the amount of $85,350, plus $8,535 in Additional Services, if needed, for an Agreement total amount not to exceed $93,885 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with Bartle Wells Associates, of Berkeley, CA, for the preparation of the Water Rate and Fee Study in the amount of $199,625, plus $19,963 in Additional Services, if needed, for an Agreement total amount not to exceed $219,588 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2026-27 Multi-Year Program Budget in the amount of $363,473 to fund the Water System Engineer’s Report Update and Water Rate and Fee Study Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Approved by:
William Wong, Utilities Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (3)
2. West Yost - Consultant Agreement and Exhibits A-C
3. West Yost - Bid Waiver
4. Bartle Wells Associates - Consultant Agreement and Exhibits A-C
5. Bartle Wells Associates - Bid Waiver
#20..
- 1081 -
10/13/2026/Utilities/JAlves/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST, OF
SACRAMENTO, CA, FOR THE PREPARATION OF THE WATER SYSTEM ENGINEER’S REPORT UPDATE IN THE AMOUNT OF $85,350, PLUS $8,535
IN ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $93,885 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the current Water Rate and Fee Structure will not adequately fund the enterprise’s activities; and
WHEREAS, staff is recommending the use of a financial advisory and utility rate consulting firm to complete a Rate and Fee Study to fund current and future expenses insuring a consistent and reliable level of service is provided to our customers; and
WHERAS, the Water System Engineer’s Report Update will evaluate the costs of sustaining the enterprise, along with analyzing and reprioritizing schedules of all required water system improvement projects to meet both present and future growth demands and projected regulatory and permitting requirements; and
WHERAS, the results of the Water System Engineer’s Report Update will be incorporated into the Water Rate and Fee Study; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures, and WHEREAS, exceptions to the formal bidding process are granted in MMC Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, #20..
- 1082 -
10/13/2026/Utilities/JAlves/Item X 2 2026-XX
determines that a process other than the formal bid procedure set forth in MMC Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, due to the professional liability involved, it is unlikely that another engineering firm would be willing to update or transition an existing report that they did not create without the background knowledge of the original data and design intent; and
WHEREAS, retaining West Yost ensures continuity, reduces costs and delays and maintains a consistent level of professional service based on their experience and project related expertise; and
WHEREAS, staff is recommending that the Agreement with West Yost should be exempt from the formal bidding procedures in accordance with MMC 8-3.204(d).
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with West Yost, for the Water System Engineer’s Report Update in the amount of $85,350, plus $8,535 in Additional Services, if needed, for an Agreement total amount not to exceed $93,885.
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.
#20..
- 1083 -
10/13/2026/Utilities/JAlves/Item X 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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:
DIANA NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#20..
- 1084 -
10/13/2026/Utilities/JAlves/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING AN AGREEMENT WITH BARTLE WELLS
ASSOCIATES, OF BERKELEY, CA, FOR THE PREPARATION OF THE WATER RATE AND FEE STUDY IN THE AMOUNT OF $199,625, PLUS $19,963 IN ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL AMOUNT NOT TO EXCEED $219,588 AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the current Water Rate and Fee Structure will not adequately fund the enterprise’s activities; and
WHEREAS, staff is recommending the use of a financial advisory and utility rate consulting firm to complete a Rate and Fee Study to fund current and future expenses insuring a consistent and reliable level of service is provided to our customers; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures; and WHEREAS, exceptions to the formal bidding process are granted in MMC Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in MMC Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, due to the professional liability involved, it is unlikely that another financial consultant would be willing to update or transition an existing rate and fee study that they did not develop without the background knowledge of the original data and the organization’s long term goals; and #20..
- 1085 -
10/13/2026/Utilities/JAlves/Item X 2 2026-XX
WHEREAS, retaining Bartle Wells Associates ensures continuity, reduces costs and delays and maintains a consistent level of professional service based on their experience and project related expertise; and
WHEREAS, staff is recommending that the Agreement with Bartle Wells Associates should be exempt from the formal bidding procedures in accordance with MMC 8-3.204(d).
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Bartle Wells Associates, for the Water Rate and Fee Study in the amount of $199,625, plus $19,963 in Additional Services, if needed, for an Agreement total amount not to exceed $219,588.
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.
#20..
- 1086 -
10/13/2026/Utilities/JAlves/Item X 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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:
DIANA NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#20..
- 1087 -
10/13/2026/Utilities/JAlves/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2026- 27 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $363,473 TO FUND THE WATER SYSTEM ENGINEER’S REPORT UPDATE AND WATER
RATE AND FEE STUDY PROJECT AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THE
RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $363,473, in order to fund the Water Engineer’s Report Update and Rate Study Project; and
WHEREAS, the Fiscal Year 2026-27 Multi-Year Program Budget must be amended.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $363,473.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this Resolution. #20..
- 1088 -
10/13/2026/Utilities/JAlves/Item X 2 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of October 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:
DIANA NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#20..
- 1089 -
-1-
ENGINEERING SERVICES AGREEMENT
WATER SYSTEM ENGINEER’S REPORT UPDATE
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2026, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WEST YOST & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT".
This Agreement is made with regard to the following recitals:
A. The CITY has determined that Engineering Services are required for the Water System Engineer’s Report Update.
B. CONSULTANT represents that it is qualified, willing and able to provide the services to prepare said documents.
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The CONSULTANT shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to CITY.
2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until CITY’s acceptance of and payment for all services authorized by CITY #20..
- 1090 -
-2-
and performed by CONSULTANT unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. CITY hereby gives CONSULTANT notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. CONSULTANT shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
3. COMPENSATION.
CONSULTANT agrees to accept a sum not to exceed EIGHTY-FIVE THOUSAND THREE HUNDRED FIFTY AND 00/100 DOLLARS ($85,350) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit "A" attached hereto and for performance by CONSULTANT of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
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 #20..
- 1091 -
-3-
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 1.2 (AD 1.2), as amended periodically. The City's AD 1.2 is available at the link below:
https://modestogov.com/227/Finance-Department under the Quick Link – City’s Administrative Directive 1.2.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or EIGHT THOUSAND FIVE HUNDRED THIRTY-FIVE AND 00/100 DOLLARS ($8,535). In the event that additional services are deemed necessary, the CONSULTANT shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed NINETY-THREE THOUSAND EIGHT HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS ($93,885). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
CONSULTANT represents and confirms that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to #20..
- 1092 -
-4-
provide the CITY with the services contemplated by this Agreement. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality (“Standard of Care”).
CONSULTANT further represents and confirms that it will follow the best current, generally accepted and professional Standard of Care 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 Elizabeth Drayer, 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 excluding any standard designs, details, specifications and other intellectual property to which Consultant held the copyright prior to performing services under this Agreement, shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY upon payment of all invoices due and owing to Consultant. No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY. City shall #20..
- 1093 -
-5-
not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
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.
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. #20..
- 1094 -
-6-
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.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for CITY or CONSULTANT to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY.
CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employeremployee relationship or a joint venture. #20..
- 1095 -
-7-
CONSULTANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement.
CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this Agreement. CONSULTANT has control over the manner and means of performing the services under this Agreement. CONSULTANT is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.
It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT 's assigned personnel shall have any 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. #20..
- 1096 -
-8-
It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel.
As an independent contractor, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the CITY in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the 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 receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address #20..
- 1097 -
-9-
respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: West Yost & Associates, Inc.
Address: 100 Howe Avenue, Suite 110S
Sacramento, CA 95825
Attention: Elizabeth Drayer
Phone: (916) 306-2250
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
E-mail: [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 Exhibit C, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit C. 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 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, #20..
- 1098 -
-10-
but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONSULTANT, dishonesty or theft.
Termination by City for Convenience
The CITY may also terminate the CONSULTANT 's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the CITY is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the Work for any reason. The CITY shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the CONSULTANT with consultation with the CITY prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
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 #20..
- 1099 -
-11-
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 #20..
- 1100 -
-12-
CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
CITY will pay CONSULTANT an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
#20..
- 1101 -
-13-
16. CERTIFIED PAYROLL REQUIREMENT.
If CONSULTANT is performing “public works” as defined in Labor Code section 1720(a), CONSULTANT shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “A” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “A” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code.
In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. CONSULTANT must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “A”, including those set forth in Labor Code section 1770 et. seq.
17. 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, or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the sole or active 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 #20..
- 1102 -
-14-
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 #20..
- 1103 -
-15-
the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
18. DISPUTE RESOLUTION.
Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Agreement which vary from CONSULTANT's proposal are controlling and are deemed accepted by CONSULTANT by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #20..
- 1104 -
-16-
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to City under this Agreement.
CONSULTANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consistent with the applicable Standard of Care, CONSULTANT shall comply with all applicable and
non-conflicting federal, state, and local laws, ordinances, regulations and permits. #20..
- 1105 -
-17-
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2026- , adopted by the Council of the City of Modesto on the day of , 2026, and WEST YOST & ASSOCIATES, INC. has caused this agreement to be duly executed as of the Effective Date. (Signatures on next page)
#20..
- 1106 -
100 Howe Avenue
Suite 110S
Sacramento CA 95825
916.306.2250 phone
530.756.5991 fax
westyost.com
November 20, 2025 SENT VIA: EMAIL
Jim Alves, PE
Senior Civil Engineer
City of Modesto, Utilities Department
1010 Tenth Street, Suite 4600
Modesto, CA 95353
SUBJECT: Proposal for Engineering Services – Water System Engineer’s Report Update Dear Jim:
The purpose of this letter proposal is to provide the City of Modesto (City) with a proposed scope of services, budget and schedule to prepare an updated Engineer’s Report for the City’s water system.
BACKGROUND
In April 2023, West Yost finalized an update to the Engineer’s Report for the City in support of a concurrent water rate evaluation process. The last Engineer’s Report was prepared using the findings of the 2017 Water Master Plan (WMP) and carried forward projects from the 2016 Engineer’s Report that had not yet been completed. Since that time, the City has completed or advanced several efforts to strengthen the water system, including:
Completed a Well Rehabilitation and Replacement Strategy Plan to guide how improvements to aging wells will be prioritized and addressed. Completed a Well Siting Study, which identified parcels suitable for replacement wells in the future.
Secured a TCP settlement, which requires the City to dedicate resources to equip affected wells with treatment to address water quality.
Completed several main replacements (e.g., Park Lawn, Chicago/Paradise, and Bret Harte), as recommended in the 2017 WMP.
Began planning for PFOA/PFOS and other emerging contaminants, so the City is prepared for compliance with upcoming regulations.
The City is once again undergoing a water rate evaluation process that it is targeting to finalize in 2026.
For this update, the Engineer’s Report will be revised to:
Incorporate the results of recent efforts and completed projects. Reassess the status of previously identified projects and prioritize the CIPs that remain.
EXHIBIT A
#20..
- 1107 -
Jim Alves, PE
November 20, 2025
Organize projects into categories of work (e.g., wells, wellhead treatment, main replacements, storage, SCADA, and other programs) for clearer tracking and prioritization. Update unit costs, which in the last report were based on pre-COVID information escalated to current conditions based on the ENR construction cost index. The updated unit costs will reflect the post-COVID construction environment, including recently observed supply chain impacts, tariffs, and recent bid results.
This updated Engineer’s Report will provide the City with a clear five-year roadmap, through 2032, to support capital planning, regulatory compliance, and the upcoming rate process.
SCOPE OF SERVICES
The following is a list of the key tasks necessary to perform this proposed scope of services, each further described below:
Task 1. Prepare Updated Engineer’s Report
Task 2. Update Unit Costs
Task 3. Project Management
Task 1. Prepare Updated Engineer’s Report
In this task, West Yost will work collaboratively with the City to identify updates needed to the Engineer’s Report. West Yost will perform the following:
Hold a kick-off meeting with the City to review the current status of water system CIP projects. The purpose of this meeting will be to confirm which projects from the last Engineer’s Report (2023) have been completed, which are ongoing, and which should be carried forward or reprioritized. Other potential improvements not currently in the CIP program will also be reviewed.
Conduct a focused review of groundwater wells and water quality concerns. A separate TCP Settlement Plan proposal has already been submitted to the City, and findings from that study will be available during preparation of this report. Those findings will be incorporated into the updated Engineer’s Report, with settlement wells tracked appropriately given that funds have been earmarked for them.
Evaluate how wells impacted by PFOA/PFOS and TCP should be addressed. West Yost will coordinate with the City to determine whether these projects should remain under the existing Well Rehabilitation and Replacement program (currently split across Category 10 – Install New Wells and Category 11 – Wellhead Treatment) or be tracked as separate categories to reflect their unique regulatory and funding considerations. Review the CIP category structure from the last Engineer’s Report and recommend adjustments if needed to better align with current priorities, funding sources, and regulatory requirements.
Assess other planning efforts and ongoing programs, including:
— Additional elements needed for the City’s SCADA upgrade. — Findings from the recently updated AWIA Risk and Resiliency Assessment.
EXHIBIT A
#20..
- 1108 -
Jim Alves, PE
November 20, 2025
— Integration of the AMI water meter project (Category 19 – Water Meters) to reflect its role in long-term system management.
Review the ongoing main replacement program (Category 9 – Strengthen and Replace Water System), including projects already completed in Park Lawn, Chicago/Paradise, and Bret Harte, with a focus on confirming priorities for the next five years. Provide technical support as needed. If additional analysis is required (e.g., hydraulic modeling or cost estimating), up to 40 hours have been budgeted for this effort.
The updated Engineer’s Report will document completed projects, identify and prioritize remaining needs, and, if appropriate, adjust the CIP categories to better reflect the City’s current situation. A draft will be submitted to the City for review, followed by a review meeting and preparation of the final report.
Task 1 Assumptions
City will provide recent project status updates prior to the kick-off meeting. Findings from the TCP Settlement Plan will be incorporated into the Engineer’s Report as available. Up to three meetings, with one meeting held in person and additional meetings held virtually, via Microsoft Teams.
City will provide consolidated comments to the Draft Engineer’s Report.
Task 1 Deliverables
Meeting agendas and materials.
Draft Engineer’s Report, in PDF format.
Final Engineer’s Report, in PDF format, with City consolidated comments incorporated.
Task 2. Update Unit Costs
In this task, West Yost will update the unit costs and capital cost estimates for the projects included in the Engineer’s Report. West Yost will perform the following:
Develop updated conceptual-level unit costs for major infrastructure types (pipelines, wells, tanks, and booster pump stations) to reflect the post-COVID construction environment. Unit costs will be based on recent bid results, accounting for recent cost factors including supply chain disruptions, tariffs, and other market conditions. Re-estimate all CIP projects using the updated unit cost basis. For any new categories created in Task 1 (e.g., TCP wells supported by settlement funds or PFOA/PFOS wells), apply the appropriate infrastructure-based unit costs (e.g., new treatment unit costs, by treatment type). All updated project costs will be prepared as Class 5 estimates, consistent with AACE International standards.
Prepare an updated cost estimating appendix (similar to Appendix T of the 2017 Water Master Plan) documenting the updated assumptions, unit costs by infrastructure type, and markups for use in future planning and rate studies.
Task 2 Assumptions
City will provide recent bid results for pipelines, wells, tanks, and booster pump stations. Capital cost estimates will reflect Class 5 estimates, consistent with AACE International standards. Previous contingency and mark up factors will remain unchanged. Separate unit costs will be developed for major treatment types under normal conditions (e.g., GAC tanks, Ion Exchange, Reduction Coagulation Filtration processes, etc.).
EXHIBIT A
#20..
- 1109 -
Jim Alves, PE
November 20, 2025
Task 2 Deliverables
Updated CIP database with project costs estimated using the revised unit cost basis. Updated cost estimating appendix (similar to Appendix T of the 2017 WMP), documenting updated unit costs and assumptions.
Task 3. Project Management
In this task, West Yost will provide overall project management and coordination activities needed to complete the Engineer’s Report update. West Yost will provide ongoing management of project scope, schedule, and budget to ensure timely completion of deliverables. Coordination with City staff will be maintained through regular communication, including email and phone, as well as additional meetings or calls beyond those already budgeted in Task 1 if needed to maintain progress. Monthly invoices will be prepared and submitted with descriptions of services performed.
Task 3 Assumptions
Task 1 includes the kick-off and review meetings; this task covers only additional coordination meetings or calls, if needed.
Up to two additional virtual coordination meetings are assumed.
Task 3 Deliverables
Monthly invoices and progress reports.
Notes from additional coordination meetings or calls.
BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1.
West Yost will perform the scope of services described above on a time-and-expenses basis, at the billing rates set forth in West Yost’s attached Billing Rate Schedule, with a not-to-exceed budget shown in Table 1. Any additional services not included in this scope of services will be performed only after receiving written authorization and a corresponding budget augmentation.
Table 1. Estimated Project Hours and Budget
Task Level of Effort,
hours
Estimated Budget,
dollars
Task 1. Prepare Updated Engineer’s Report 194 56,600
Task 2. Update Unit Costs 88 23,600
Task 3. Project Management 14 5,150
Total Project Hours and Budget 296 $85,350
SCHEDULE
West Yost anticipates submitting a draft Engineer’s Report within 12 weeks of the project kick-off meeting and receipt of all required data. The final Engineer’s Report will be submitted within two weeks after receipt of consolidated City comments on the draft Engineer’s Report.
EXHIBIT A
#20..
- 1110 -
Jim Alves, PE
November 20, 2025
Thank you for providing West Yost the opportunity to be of continued service to the City of Modesto. We look forward to working with you on this important project. Please call if you have any questions or require additional information.
Sincerely,
WEST YOST
Roberto Vera, PE Elizabeth Drayer, PE
Principal Engineer / Project Manager Vice President / Principal-in-Charge RCE #83500 RCE #46872
Attachment(s): Attachment A. West Yost’s Billing Rate Schedule
EXHIBIT A
#20..
- 1111 -
AttachmentA
WestYost’sBillingRateSchedule
EXHIBIT A
#20..
- 1112 -
(Effective January 1, 2026, through December 31, 2026)*
POSITIONS
ENGINEERING
Principal/Vice President $395
Engineer/Scientist/Geologist Manager I / II $373 / $391 Principal Engineer/Scientist/Geologist I / II $336 / $358 Senior Engineer/Scientist/Geologist I / II $303 / $318
Associate Engineer/Scientist/Geologist I / II $251 / $270 Engineer/Scientist/Geologist I / II / III $196 / $228 / $237 Engineering Aide $118
Field Monitoring Services $146
Administrative I / II / III / IV $108 / $135 / $161 / $178
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $388 / $391
Principal Tech Specialist I / II $356 / $369
Senior Tech Specialist I / II $326 / $340
Senior GIS Analyst $295
GIS Analyst $280
Technical Specialist I / II / III / IV $208 / $237 / $266 / $297 Technical Analyst I / II $149 / $178
Technical Analyst Intern $120
Cross-Connection Control Specialist I / II / III / IV $156 / $169 / $190 / $210 CAD Manager $235
CAD Designer I / II $182 / $206
CONSTRUCTION MANAGEMENT
Senior Construction Manager $376
Construction Manager I / II / III / IV $224 / $240 / $253 / $321 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $201 / $224 / $249 / $259 Apprentice Inspector $182
CM Administrative I / II $96 / $131
Field Services $259
2026 Billing Rate Schedule
LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually
EXHIBIT A
#20..
- 1113 -
(Effective January 1, 2026, through December 31, 2026)* Equipment Charges
EQUIPMENT
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Field Vehicles (Groundwater) $1.02 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Skydio 2+ Drone (2 hour minimum) $100 / hour
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Communications Cable $10 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Turbidity Meter (2100Q Portable) $35 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
BILLING RATES
2026 Billing Rate Schedule
* This schedule is updated annually
EXHIBIT A
#20..
- 1114 -
(Effective January 1, 2026, through December 31, 2026)*
POSITIONS
ENGINEERING
Principal/Vice President $395
Engineer/Scientist/Geologist Manager I / II $373 / $391 Principal Engineer/Scientist/Geologist I / II $336 / $358 Senior Engineer/Scientist/Geologist I / II $303 / $318
Associate Engineer/Scientist/Geologist I / II $251 / $270 Engineer/Scientist/Geologist I / II / III $196 / $228 / $237 Engineering Aide $118
Field Monitoring Services $146
Administrative I / II / III / IV $108 / $135 / $161 / $178
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $388 / $391
Principal Tech Specialist I / II $356 / $369
Senior Tech Specialist I / II $326 / $340
Senior GIS Analyst $295
GIS Analyst $280
Technical Specialist I / II / III / IV $208 / $237 / $266 / $297 Technical Analyst I / II $149 / $178
Technical Analyst Intern $120
Cross-Connection Control Specialist I / II / III / IV $156 / $169 / $190 / $210 CAD Manager $235
CAD Designer I / II $182 / $206
CONSTRUCTION MANAGEMENT
Senior Construction Manager $376
Construction Manager I / II / III / IV $224 / $240 / $253 / $321 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $201 / $224 / $249 / $259 Apprentice Inspector $182
CM Administrative I / II $96 / $131
Field Services $259
2026 Billing Rate Schedule
LABOR CHARGES (DOLLARS PER HOUR)
■ Hourly rates include charges for technology and communication, such as general and CAD computer software, telephone calls, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside services, such as vendor reproductions, prints, and shipping; major West Yost reproduction efforts; as well as engineering supplies, etc., will be billed at the actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness services, research, technical review, analysis, preparation, and meetings will be billed at 150% of standard hourly rates. Expert witness testimony and depositions will be billed at 200% of standard hourly rates. ■ A finance charge of 1.5% per month (an annual rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually
EXHIBIT B