Agenda packet — Safety and Communities Committee, May 9, 2022

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Modesto, California
Monday, May 09, 2022, at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright, * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
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SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again. - 2 -
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USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

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

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the - 3 -
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City’s Web site at www.modestogov.com.

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

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

1. Consider approving the Award of Bid for the furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three oneyear extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years and forwarding to Council for approval. (Funding Source: General Fund)
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]

2. Consider approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services, and increase the estimated annual cost by $25,000 to a new total of $125,000 and the total amount not to exceed to $625,000 over five years, rescinding Resolution No. 2021- 066, and forwarding to Council for approval. (Funding Source: General Fund) POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected]

3. Consider approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for an estimated total cost not to exceed $161,698. (Funding Source: Traffic Safety Fund) POLICE DEPARTMENT; Steven Stanfield, 209-572-9500,
[email protected]

NEW BUSINESS

4. Consider rescinding Resolution Nos. 89-443 and 86-1369, and adopting new membership composition and application requirements for the City of Modesto Youth Commission; adopting new Youth Commission bylaws, and forwarding to Council for approval (Funding Source: General Fund – Recreation Operations) - 4 -
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PRN; Ashley Weaver, 209-577-5428, [email protected]

5. Consider approving the City’s sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car Show, including the waiver of City permit fees, Police Department overtime and vehicle costs, and Public Works labor and equipment costs at an estimated cost of $82,430, and forwarding to Council for approval. (Funding Source: Surface Transportation Fund and General Fund)
PUBLIC WORKS; Steve Fischio, 209-342, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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¹ 34000 – Fire Protection Equipment and Supplies, 93632 – Fire Fighting Equipment Maintenance and Repair, 95405 – Laundry and Linen Service, 96100 – Miscellaneous Services, No. 1 (Not otherwise classified), 96278 – Sewing, Embroidery, Embossing, and Alteration Services
² Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 9, 2022
Date: April 13, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Personal Protection Equipment (PPE) Cleaning, Inspection & Repair Services CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving the Award of Bid for the furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Modesto Fire Department outfits personnel with various items of Personal Protection Equipment (PPE) to protect the department’s fire suppression personnel from both known and unknown occupational safety and health hazards. Most individual PPE items have a set service life according to the National Fire Protection Association’s (NFPA) standards. Based on industry studies and internal risk assessments, the department’s PPE implementation has been standardized throughout the department to ensure firefighter safety and uniformity.

In 2016, by Resolution 2016-478, City Council approved an agreement with Scotts PPE Recon, Inc. which recently expired on December 18, 2021. The department is in need to continue #1..
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Safety and Communities Committee, May 9, 2022
Personal Protection Equipment (PPE) Cleaning, Inspection & Repair Services

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regular cleaning, inspection, and repair services in order to ensure that personnel are adequately protected and that the useful life of department PPE is maximized.

The current Purchase Agreement No 109718 expired on December 18, 2021.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue a formal Request for Bids (RFB) for the furnishing of PPE Cleaning, Inspection and Repair Services.

On January 21, 2022, the Purchasing Division issued RFB NO. 2122-34, PPE Cleaning, Inspection and Repair Services, on Planet Bids via the City’s website under five commodity codes¹. Prospective bidders were notified online and via email of the bid opportunity. Seventeen companies chose to download the RFB document.

On March 1, 2022, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream². One company chose to respond. Based on providing the lowest responsive and responsible bid, City staff recommends the award of the bid for the furnishing of PPE Cleaning, Inspection, and Repair Services for the Modesto Fire Department to Scotts PPE Recon, Inc., Lodi, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures.

An award of bid and agreement for the furnishing of PPE Cleaning, Inspection, and Repair Services for the Modesto Fire Department to Scotts PPE Recon Inc., Lodi, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures.

FISCAL IMPACT:

Expenditures over the past five years for the furnishing of PPE Cleaning, Inspection and Repair Services under the previous agreement are listed below:

Fiscal Year Total
FY 16/17 $26,224
FY 17/18 $23,523
FY 18/19 $28,614
FY 19/20 $33,304
FY 20/21 $29,547
Grand TOTAL $141,212
Funds are fully budgeted for each Fiscal Year in the following appropriation units:

Name Fund Cost Center Account Amount
General Fund – Modesto Fire 0100 18210 52160 $34,577
General Fund - Oakdale 0100 18212 52160 $7,941
General Fund - Ceres 0100 18213 52160 $7,482
Total $50,000
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Personal Protection Equipment (PPE) Cleaning, Inspection & Repair Services

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Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Exhibit B bid submittal

3. Exhibit C RFB

4. Financial Interest Disclosure

5. Cost Abstract
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1 ANNUAL AGREEMENT NO. 220444
SCOTTS PPE RECON INC.

FOR PPE CLEANING, INSPECTION, AND REPAIR SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Scotts PPE Recon Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_____ authorizing the award of bid and agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof; and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof; and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES as described in RFB 2122-34, attached hereto as Exhibit “C” and made a part hereof; and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish PPE CLEANING, INSPECTION AND REPAIR SERVICES insofar as such scope of services are specified in Exhibit “C”, and in strict accordance with the conditions of this complete Agreement.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall furnish said services at the following contracted rates, for an estimated annual amount of $50,000 and a not to exceed amount of $250,000 over five (5) years:
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2 AGREEMENT PRICING
Item Description Unit Unit Price
Inspection
Outer shell material Each $9.00
Moisture barrier Each $6.00
Thermal liner Each $6.00
Structure helmets Each $5.50
Structure boots Pair $10.00
Structure gloves Pair $1.50
Structure flash hoods Each $1.50
Laundering/Cleaning
Structure Coat Each $17.00
Structure Pant Each $16.00
Wild land Coat Each $8.00
Wild land Pant Each $8.00
EMS ensemble Each $19.00
Structure helmets Each $13.50
Structure boots Pair $24.00
Structure gloves Pair $4.00
Structure flash hoods Each $2.00
Additional Services
Alterations
Item Description Unit Unit Price
Increase hem length Each $150.00
Decrease hem length Each $125.00
Increase sleeve length Each $125.00
Decrease sleeve length Each $115.00
Increase waist size Each $125.00
Decrease waist size Each $115.00
Increase inseam length Each $125.00
Decrease inseam length Each $115.00
Extension Panel w/ outer shell material,
moisture barrier and thermal liner Each $75.00
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3 Additional Services
Installation/Removal/Repair
Item Description Unit Unit Price
Remove letter patch Each $5.00
Mask pouch (sewn on) Each $45.00
Mic tab Each $11.00
Flashlight holder w/ Mic Tab combination Each $21.00
Hanging D ring Each $17.00
Thumb loop Each $5.00
hanging ring (2” diameter) Each $20.00
Steam channel knee Each $48.00
Sleeve cuff Each $30.00
Pant cuff Each $40.00
Small patch Each $10.00
Medium patch Each $15.00
Large patch Each $25.00
Bar tack Each $5.00
Rivets Each $2.00
Snaps Each $3.50
Zipper closures Chest Each $31.00
Zipper closures Fly Each $12.00
Hook and loop closures Chest Each $37.00
Hook and loop closures Fly Each $21.00
Hook and loop pockets Each $22.00
Trim sleeve Each $25.00
Trim chest Each $60.00
Trim hemline Each $60.00
Trim radio pocket Each $12.50
Trim mask pouch Each $20.00
Liner patch – moisture barrier Each $15.00
Liner patch – thermal liner Each $15.00
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4 Additional Services
Manufacture
Item Description Unit Unit Price
Letter Patch w/ Heat seal letters Each $22.00
Mask pouch (sewn on) - 4” x 9” x 15” Each $45.00
Semi-expansion pocket - 2” x 9” x 8” (Coat) Each $45.00 Expansion Cargo, full below - 2” x 10” x
10” (Pant) Each $45.00
Radio pocket w/ Mic Tab combination w/
double notch closure flap - 2” x 3.5” x 7” Each $55.00
Mic Tab Each $11.00
Flashlight holder w/ Mic Tab combination Each $16.00
NOMEX® hand and wrist guard w/ Thumb
loop Each $15.75
Hanging D ring Each $15.00
Standard Knee of specified turnout (Globe®
GXtreme) Each $45.00
Steam channel knee Each $40.00
Nomex embroidery Each $7.50

2. CITY REPRESENTATIVE:

Department Contact: Aurelia Harris, Administrative Analyst, (209) 572-9892 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to this Agreement, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

CONTRACTOR Contact: Ralph A. Scott, President, (209) 810-3799, [email protected]

4. TERM OF AGREEMENT:

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

Year 1: June 21, 2022 through June 20, 2023
Year 2: June 21, 2023 through June 20, 2024
Year 3: June 21, 2024 through June 20, 2025
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5 Year 4: June 21, 2025 through June 20, 2026
Year 5: June 21, 2026 through June 20, 2027
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of this Agreement.

Pricing will remain firm for the first two (2) years of this Agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

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

Price increases (other than fuel) for subsequent Agreement years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one (1) Agreement year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by Risk Management of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate #1..
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6 limit shall be twice the required occurrence limit. 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 CONTRACTOR’s and sub-contractors; products and completed operations as applicable.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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.

The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
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7 CONTRACTOR’s insurance policy(es) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the CITY prior to the time agreement is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of CITY’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, agents, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, agents, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

6. PAYMENT:

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

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

At a minimum, invoices shall state the following:
 Reference Agreement #: 220444
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total
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8 7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

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

8. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the #1..
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9 minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced after the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and
Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR's performance under this 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 this 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 #1..
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10 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 day’s written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the CONTRACTOR 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 CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any CONTRACTOR or sub-contractor 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 CONTRACTOR 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; #1..
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11 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, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under this 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 subcontractor 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 CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee’s, decision to the City Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days #1..
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12 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.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its sub-contractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this Agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFB No. 2122-34
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

Any notice, payment or instrument required or permitted by this agreement to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar #1..
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13 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Ralph A. Scott
Scotts PPE Recon Inc.
827 Black Diamond Way, Bldg. C
Lodi, CA 95240
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator (ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this Agreement.

16. ASSIGNMENT:

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

17. 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.

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this Agreement. #1..
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14 20. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’s proposal are controlling and are deemed accepted by CONTRACTOR 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 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.

21. PARTIAL INVALIDITY:

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of ______________, 2022 and Scotts PPE Recon Inc. has caused this Agreement to be duly executed. #1..
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1 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34
FOR

PERSONAL PROTECTION EQUIPMENT CLEANING, INSPECTION AND REPAIR

SERVICES
BID OPENING: MARCH 01, 2022 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5406
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

TABLE OF CONTENTS
Page
. Notice to Bidders................................................................................................................ 3 . City Contacts...................................................................................................................... 4 . Calendar of Events.............................................................................................................. 4 . Offer and Acceptance......................................................................................................... 4 . Covid-19 Response............................................................................................................. 5 . Submittal Checklist............................................................................................................. 6 . REQUIRED DOCUMENT
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form).............................................................................8-11 . Exceptions, Clarifications, Amendments (if applicable)................................................. 12 . References....................................................................................................................13-14 . Financial Interest Disclosure Form (Signature Form)..............................................15-17 . Support of Local Vendors (if applicable)......................................................................... 18 . Company History Statement ........................................................................................... 19 . Addenda Acknowledgement Page (if applicable) ........................................................... 20 . Warranty Statements ........................................................................................................ 21 . Requirements ................................................................................................................... 22 . Experience ....................................................................................................................... 23 . TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Work.................................................................................................................. 24 . Specifications.................................................................................................................... 24 . Required Licenses............................................................................................................. 25 . Insurance......................................................................................................................25-26 . GENERAL REQUIREMENTS
. Bid Submittal.................................................................................................................... 27 . Acceptance/Rejection of Irregular Bids........................................................................... 27 . Complete Bid Document.................................................................................................. 27 . Compliance/Non-Compliance.......................................................................................... 28 . Pricing Format.................................................................................................................. 28 . Pricing Schedule............................................................................................................... 28 . Award of Bid .................................................................................................................... 28 . Term of Agreement .......................................................................................................... 29 . Termination of Services ................................................................................................... 29 . Quantities.......................................................................................................................... 30 . Funding............................................................................................................................. 30 . Other Government/Publicly Funded Agencies................................................................ 30 . Protest and Appeal Procedures....................................................................................32-35 . Payment ............................................................................................................................ 36 . Sample Annual Agreement …………………………………………………………37-50
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES for the City of Modesto, Fire Department.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bidders are highly recommended to download all documents from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.

Each bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, March 01, 2022 at 11:00 A.M., at which time bids will be opened, read and recorded.

All bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of the bid envelope and courier envelope, if any, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES
BID OPENING DATE: MARCH 01, 2022 AT 11:00 A.M.

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

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

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #1..
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4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Carol Wattle, Buyer, via email at: [email protected]
All contact during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued January 21, 2022
Written Questions Due February 01, 2022
Addendum Issued (if required) February 08, 2022 (approximate date) Bid Opening PRIOR 11:00 A.M. on Tuesday, March 01, 2022 Bid Award Approximately June 2022
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE
Seller represents his/her acceptance to provide products and/or services as follows: CITY's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in the agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by CITY are hereby rejected. CITY agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of CITY's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the CITY's terms and conditions. #1..
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES
COVID-19 RESPONSE
The City of Modesto is doing our part to slow the spread of COVID-19. The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, March 01, 2022.

The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, March 01, 2022. The public bid opening for RFB 2122-34 PPE Cleaning, Inspection and Repair Services will be available using the URL link, video system or via phone provided below. By submitting your bid for the above stated RFB you acknowledge, understand, and agree to this modified bid opening procedure.

URL-https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7 b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997- 4dd7-8984-12cd4deaa705%22%7d
Join Microsoft Teams Meeting
+1 469-998-7409 United States, Dallas
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Carol Wattle, by email at [email protected] or telephone at (209)577-5406.
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6 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

PPE CLEANING, INSPECTION AND REPAIR SERVICES
COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form)........................................................................ 7 . Pricing Schedule (Signature Form).............................................................................8-11 . Exceptions, Clarifications, Amendments (if applicable)................................................. 12 . References....................................................................................................................13-14 . Financial Interest Disclosure Form (Signature Form)..............................................15-17 . Support of Local Vendors (if applicable)......................................................................... 18 . Company History Statement ........................................................................................... 19 . Addenda Acknowledgement Page (if applicable) ........................................................... 20 . Warranty Statements ........................................................................................................ 21 . Requirements.................................................................................................................... 22 . Experience ....................................................................................................................... 23 #1..
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

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

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

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

4. Award: (a) Unless otherwise specified by the bidder or the RFB gives notice of an all-or-none award, the City may accept any item or group of items of any bid. (b) Bids are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

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

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.

9. California Government Code Section 4552: 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 at the time the purchasing body tender’s final payment to the bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Bid Document Requested: Failure to furnish at least one “inked” signed original bid document may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

PRICING SCHEDULE
All labor, equipment, tools, fuel and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 12.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** Item Description Estimated
Annual
Qty
Unit Unit Price Extended Cost
Inspection
Outer shell material 300 Each $ $
Moisture barrier 300 Each $ $
Thermal liner 300 Each $ $
Structure helmets 300 Each $ $
Structure boots 300 Pair $ $
Structure gloves 300 Pair $ $
Structure flash hoods 300 Each $ $
Laundering/Cleaning
Structure Coat 300 Each $ $
Structure Pant 300 Each $ $
Wild land Coat 300 Each $ $
Wild land Pant 300 Each $ $
EMS ensemble 300 Each $ $
Structure helmets 300 Each $ $
Structure boots 300 Pair $ $
Structure flash hoods 300 Each $ $
Structure gloves 300 Pair $ $
TOTAL ANNUAL COST $
Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

PRICING SCHEDULE

ADDITIONAL OPTIONS
Alterations
Item Description Qty Unit Unit Price
Increase hem length 1 Each $
Decrease hem length 1 Each $
Increase sleeve length 1 Each $
Decrease sleeve length 1 Each $
Increase waist size 1 Each $
Decrease waist size 1 Each $
Increase inseam length 1 Each $
Decrease inseam length 1 Each $
Extension Panel w/ outer shell material, moisture
barrier and thermal liner 1 Each $
Installation/Removal/Repair
Item Description Qty Unit Unit Price
Remove letter patch 1 Each $
Mask pouch (sewn on) 1 Each $
Mic tab 1 Each $
Flashlight holder w/ Mic Tab combination 1 Each $
Hanging D ring 1 Each $
Thumb loop 1 Each $
hanging ring (2” diameter) 1 Each $
Steam channel knee 1 Each $
Sleeve cuff 1 Each $
Pant cuff 1 Each $
Small patch 1 Each $
Medium patch 1 Each $
Large patch 1 Each $
Bar tack 1 Each $
Rivets 1 Each $
Snaps 1 Each $
Zipper closures Chest 1 Each $
Zipper closures Fly 1 Each $
Hook and loop closures Chest 1 Each $
Hook and loop closures Fly 1 Each $
Hook and loop pockets 1 Each $
Company Name (Bidder):
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10 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

PRICING SCHEDULE

ADDITIONAL OPTIONS
Installation/Removal/Repair
Item Description Qty Unit Unit Price
Trim sleeve 1 Each $
Trim chest 1 Each $
Trim hemline 1 Each $
Trim radio pocket 1 Each $
Trim mask pouch 1 Each $
Liner patch – moisture barrier 1 Each $
Liner patch – thermal liner 1 Each $
Manufacture
Item Description Qty Unit Unit Price
Letter Patch w/ Heat seal letters 1 Each $
Mask pouch (sewn on) - 4” x 9” x 15” 1 Each $
Semi-expansion pocket - 2” x 9” x 8” (Coat) 1 Each $
Expansion Cargo, full below - 2” x 10” x 10” (Pant) 1 Each $ Radio pocket w/ Mic Tab combination w/ double
notch closure flap - 2” x 3.5” x 7” 1 Each $
Mic Tab 1 Each $
Flashlight holder w/ Mic Tab combination 1 Each $
NOMEX® hand and wrist guard w/ Thumb loop 1 Each $
Hanging D ring 1 Each $
Standard Knee of specified turnout (Globe®
GXtreme) 1 Each $
Steam channel knee 1 Each $
Nomex embroidery 1 Each $
Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

A City Business License is not required at the time of the bid, however, please note the License No. if bidder should already have one. (See Section 1.4 for further details) Does bidder accept the City’s E-pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.26 Payment.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
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12 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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13 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the City under Scope of Work.

References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the bidders’ performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a 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 Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name, on page 17.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

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 agreement or application or development rights 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.

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

COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
DATE: ____________________________
Applicable Names: (if any, use page 17)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application. #1..
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:
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18 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.

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

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

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
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19 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #1..
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20 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City or Planet Bid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS:_____________________________________________________ Company Name (Bidder):
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21 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

WARRANTY STATEMENTS
Bidder shall attach to his/her bid a written statement detailing the product and workmanship warranty, term and conditions as defined in the RFB.

Materials and workmanship warranty shall be prepared on company letterhead and provided with the bid submittal.

Notwithstanding any other provisions of this bid, bidder warrants that the materials, supplies, or other services furnished shall be on the most suitable grade and exactly as specified in this bid. Such warranty shall include the following; performance, workmanship, labor, materials, and bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this bid, bidder shall correct at their expense, such defects as are reported within thirty (30) days of final acceptance.

Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant order.

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

Bidder shall state warranty on repairs for the following:
• Structure ensemble
• Wildland ensemble
• EMS Jacket
• Structure boots
• Structure helmet
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22 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

REQUIREMENTS
Requirements Can meet
Requirement
Cannot meet
Requirement
Follow the established requirements for the NFPA 1851 standard when inspecting, cleaning and/or repair.

Follow the established requirements for NFPA 1977 to inspect and repair wildland ensembles (jackets and pants) and EMS jackets.

Provide and maintain accurate detailed service reports within a fourteen (14) calendar day turnaround time upon request for authorized department personnel.

Provide free evaluation and cost estimate report for repairs over $175.00.

Provide embroidery service and sew flags on turnout ensembles, wildland ensembles, and EMS jackets.

Provide bar coding service for items listed on the pricing schedule.

Guarantee a ninety-six (96) hour turnaround time for cleaning, repairs, and inspection of ensembles and/or boots.

Maintain adequate materials on-site to meet the department’s turnaround time requirement for repairs.

Provide pick-up and delivery and also be able to provide emergency pick-up.

Provide a service center located within a four (4) hour drive (oneway) of Modesto Fire Department (MFD) Stores located at: 1220 Fire Science Lane, Modesto, CA.

Provide service to tailor and repair structure ensembles, wildland ensembles, and EMS coats as described by the respective manufacturer.

Provide service with unvarying materials when installing, manufacturing, or repairing ensembles.

Have the capacity to provide un-scheduled cleaning for a minimum of two-hundred seventy-five (275) ensembles within a seven (7) calendar day turnaround time upon the department’s request.

Provide two (2) annual visits one (1) scheduled and one (1) unannounced visit to inspect the contractor’s facility. #1..
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23 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

EXPERIENCE
Bidder shall provide with their bid submittal complete information for the following:

The Contractor shall have a minimum of two (2) years’ experience within the last five (5) years providing similar cleaning, inspection & repair services of structural firefighter turnouts & wildland ensembles as described within this RFB to a city, county, or state fire department that has at least 150 full-time personnel. #1..
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24 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Fire Department is requesting sealed bids for structural and proximity firefighter personal protection equipment (PPE) cleaning, inspection and repair services on an “as needed” basis, throughout the life of the agreement.

1.2 SPECIFICATIONS:

The Contractor shall provide and maintain the following:
• Provide and maintain valid letters or authorization from respective manufacturer to repair moisture barrier.
• Provide and maintain valid letters or authorization from respective manufacturer to repair and tailor structure ensembles, including outer shell and inner liner, wildland ensembles, EMS coats and leather structure boots.
• The Contractor shall meet the established requirements for NFPA 1851 standard. • The Contractor shall meet the established requirements for NFPA 1977 standard.

1.2.1 COMERCIAL SEWING MACHINE EQUIPMENT REQUIREMENTS:

The Contractor shall be able to provide tailor and repair structure ensembles, wildland ensembles and EMS coats using the equipment listed below:
• Single needle, lock stitch and flat bed
• Double needle, lock stitch, flat-bed 3/16″ spacing
• Bar tracker
• Double needle five (5) spool serger with locking chain stitch • Single needle three (3) spool serger
• Off the arm (filling) machine, double needle, bottom chain stitch • Single needle cylinder
• Double needle cylinder
• Double needle, lock stitch, flat-bed 0/0″ spacing between needles. • Merrow miniature serger, one (1) needle, three (3) spool (complete thumbhole wristlets)

1.2.2 REPAIR ESTIMATE REQUIREMENTS:

The Contractor shall obtain written authorization from the Fire Department contact prior to starting work for item repair estimates over $175.

1.2.3 REPORTS:

The Contractor shall provide a detailed service report upon request for authorized department personnel. The report should include all activities of quantity of items cleaned, types of repairs, overall cost of each item, a time log of retired items, and locations, including boots.

1.2.4 REPAIR MATERIALS:

The Contractor shall maintain adequate materials on-site to meet the department’s turnaround time requirement for repairs. When a variance or exemption is made, the material must be of equal rating, quality, and color and meet all NFPA standards of the material being replaced. Prior authorization is required for repairs with a variance or exemption by the Fire Department PPE Coordinator or designee. #1..
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25 1.3 CONTRACTUAL CHANGES:

Changes of a contractual or business nature shall be affected only by written change to the agreement by the City of Modesto, Purchasing Division.

1.4 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.

1.5 INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by Risk Management of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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 CONTRACTOR’s and sub-contractors; products and completed operations as applicable.

B. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

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.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Management via PINS for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, officials, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, #1..
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26 shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

CONTRACTOR shall either require any sub-contractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of sub-contractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

1.6 CHARACTER OF WORKERS:

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

1.7 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay. #1..
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27 REQUEST FOR BID AND SPECIFICATIONS NO. 2122-34

PPE CLEANING, INSPECTION AND REPAIR SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:

Bidders should submit two (2) “inked” (preferably blue ink) signed original bid document, plus one (1) copy of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

A contract shall be awarded to the bidder whose bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:
• Bid Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
• Exceptions, Clarifications, Amendments (if applicable) • References
• Financial Interest Disclosure (Signature Form)
• Support of Local Vendors (if applicable)
• Company History Statement
• Addenda Acknowledgement Page (if applicable)
• Warranty Statements
• Requirements
• Experience
Failure to furnish any of these documents may result in disqualification. #1..
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28 2.1.3 BID PRESENTATION:

Bid submittals should be presented in the order as listed in Section 2.1.2 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to sign the “Pricing Schedule, Financial Interest Disclosure, and Bid Acknowledgement Form” of this bid document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2122-34, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, and Amendments page of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the bidder is not in compliance with the specification, the bid may be rejected.

2.4 PRICING FORMAT:

All labor, equipment, fuel, licenses, permits and insurance necessary to perform the required services shall be included in bid pricing.

Unless otherwise stated, the bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pickup materials.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the “Exception, Clarification, Amendments” section on page 12.

2.6 AWARD OF BID:

Agreements may be awarded to more than one company in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

The City reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

The City reserves the right to select that bid, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

2.7 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the Contractor has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance. #1..
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29 If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the Contractor shall remedy or remove said product in an acceptable manner at the Contractor's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.8 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager. To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

2.9 TERM OF AGREEMENT:

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

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this RFB.

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

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration:

Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/ , California data.

C. Price increases (other than fuel) for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.10 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review the service providers’ performance at any time with or without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause. #1..
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30 2.11 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.12 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.13 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

2.14 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their 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 (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. 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.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.15 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the agreement and any extensions thereof.
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31 2.16 DRUG FREE WORKPLACE:

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

2.17 INDEMNITY:

The Contractor 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, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of city owned vehicles by Contractor’s employees is apportioned to Contractor in accordance with the provisions contained in indemnity.

2.18 ASSIGNMENT OF RIGHTS:

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

2.19 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.20 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:

A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.
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32 E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.21 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.22 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the Contractor or his employees or agents, the Contractor will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.23 LABOR FORCE AND SUPERVISION:

CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed.

CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the agreement.

2.24 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and sub-contractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest .

Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES
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33 1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision.

The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager. #1..
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34 A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

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

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision.

The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.

The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing #1..
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35 Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration. #1..
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36 2.25 PAYMENT:
• Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the vehicles by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.
• Electronic Payment Method:

The City of Modesto provides an E-pay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information are issued to the supplier’s designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept E-pay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s E-pay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #1..
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37 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called CONTRACTOR, W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_____ authorizing the award of bid and agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES to Contractor, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES as described in RFB 2122-34, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish PPE CLEANING, INSPECTION AND REPAIR SERVICES insofar as such scope of services are specified in Exhibit “B”, and in strict accordance with the conditions of the complete agreement.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall furnish said services at the following contracted rates, for an estimated annual amount of $ XX, XXX and a not to exceed amount of $ XX, XXX over five (5) years:
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38 AGREEMENT PRICING
Item Description Unit Unit Price
Inspection
Outer shell material Each $
Moisture barrier Each $
Thermal liner Each $
Structure helmets Each $
Structure boots Pair $
Structure gloves Pair $
Structure flash hoods Each $
Laundering/Cleaning
Structure Coat Each $
Structure Pant Each $
Wild land Coat Each $
EMS ensemble Each $
Structure helmets Each $
Structure boots Pair $
Structure gloves Pair $
Structure flash hoods Each $
Additional Services
Alterations
Item Description Unit Unit Price
Increase hem length Each $
Decrease hem length Each $
Increase sleeve length Each $
Decrease sleeve length Each $
Increase waist size Each $
Decrease waist size Each $
Increase inseam length Each $
Decrease inseam length Each $
Extension Panel w/ outer shell material,
moisture barrier and thermal liner Each $
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39 Additional Services
Installation/Removal/Repair
Item Description Unit Unit Price
Remove letter patch Each $
Mask pouch (sewn on) Each $
Mic tab Each $
Flashlight holder w/ Mic Tab combination Each $
Hanging D ring Each $
Thumb loop Each $
hanging ring (2” diameter) Each $
Steam channel knee Each $
Sleeve cuff Each $
Pant cuff Each $
Small patch Each $
Medium patch Each $
Large patch Each $
Bar tack Each $
Rivets Each $
Snaps Each $
Zipper closures Chest Each $
Zipper closures Fly Each $
Hook and loop closures Chest Each $
Hook and loop closures Fly Each $
Hook and loop pockets Each $
Trim sleeve Each $
Trim chest Each $
Trim hemline Each $
Trim radio pocket Each $
Trim mask pouch Each $
Liner patch – moisture barrier Each $
Liner patch – thermal liner Each $
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40 Additional Services
Manufacture
Item Description Unit Unit Price
Letter Patch w/ Heat seal letters Each $
Mask pouch (sewn on) - 4” x 9” x 15” Each $
Semi-expansion pocket - 2” x 9” x 8” (Coat) Each $
Expansion Cargo, full below - 2” x 10” x
10” (Pant) Each $
Radio pocket w/ Mic Tab combination w/
double notch closure flap - 2” x 3.5” x 7” Each $
Mic Tab Each $
Flashlight holder w/ Mic Tab combination Each $
NOMEX® hand and wrist guard w/ Thumb
loop Each $
Hanging D ring Each $
Standard Knee of specified turnout (Globe®
GXtreme) Each $
Steam channel knee Each $
Nomex embroidery Each $

2. CITY REPRESENTATIVE:

Department Contact:

Purchasing Contact: Carol Wattle, Buyer (209 577-5406
The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Contractor Contact: NAME, TITLE, PHONE, EMAIL

4. TERM OF AGREEMENT:

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

Year 1: XXXX through XXXX
Year 2: XXXX through XXXX
Year 3: XXXX through XXXX
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41 Year 4: XXXX through XXXX
Year 5: XXXX through XXXX
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of the agreement.

Pricing will remain firm for the first two (2) years of the agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the City.

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

Price increases (other than fuel) for subsequent agreement years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one (1) agreement year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by Contractor in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by Risk Management of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate #1..
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42 limit shall be twice the required occurrence limit. 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 CONTRACTOR’s and sub-contractors; products and completed operations as applicable.
b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its officials, agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its officials, agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’s insurance policy(es) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable #1..
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43 Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time agreement is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above.

Every endorsement shall identify the policy number.

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

For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, agents, employees, and volunteers. Any insurance or selfinsurance maintained by the Entity, its officers, agents, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with the CITY via PINS evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

6. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, #1..
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44 officials, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement.

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

7. ARBITRATION:

Any dispute or claim arising or related to this agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

8. GOVERNING LAW:

The work contemplated herein shall be commenced after the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and
Executed Agreement and all exhibits thereto.

10. TERMINATION OF SERVICES:

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

Termination by City for Convenience
The City may also terminate the Contractor'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 Cityis 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 day’s written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the Contractor 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 Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such #1..
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46 termination and act as specified in the notice of termination; b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any Contractor or sub-contractor 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 mayhave been accumulated by the Contractor 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, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. #1..
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47 City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor 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 Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

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 Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council.

The Contractor 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.

11. COMPLIANCE WITH ALL LAWS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFB No. 2122-34
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

13. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
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49 14. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator (ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.

15. ASSIGNMENT:

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

16. 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.

17. HEADINGS NOT CONTROLLING:

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

18. MISCELLANEOUS:

Time is of the essence in every provision of this agreement.

19. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary from CONTRACTOR’s proposal are controlling and are deemed accepted by CONTRACTOR 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 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. #1..
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50 20. PARTIAL INVALIDITY:

WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of ______________, 2022 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ, City Manager (Signature)

By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ DANA SANCHEZ, Interim City Clerk (Signature)

By:_________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ, City Attorney
By:_____________________________
CHRISTINA D. ALGER,
Director of Human Resources (Risk)
Signature Requirements
Corporation:

1.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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ITEM/DESCRIPTION

ESTIMATED

ANNUAL QTY

UNIT OF
ISSUE

INSPECTION
Outer shell material 300 Each $9.00 $2,700.00
Moisture barrier 300 Each $6.00 $1,800.00
Thermal Liner 300 Each $6.00 $1,800.00
Structure helmets 300 Each $5.50 $1,650.00
Structure boots 300 Pair $10.00 $3,000.00
Structure gloves 300 Pair $1.50 $450.00
Structure flash hoods 300 Each $1.50 $450.00

LAUNDERING/CLEANING
Structure Coat 300 Each $17.00 $5,100.00
Structure Pant 300 Each $16.00 $4,800.00
Wild land Coat 300 Each $8.00 $2,400.00
Wild land Pant 300 Each $8.00 $2,400.00
EMS ensemble 300 Each $19.00 $5,700.00
Structure helmets 300 Each $13.50 $4,050.00
Structure boots 300 Pair $24.00 $7,200.00
Structure flash hoods 300 Each $2.00 $600.00
Structure gloves 300 Pair $4.00 $1,200.00
TOTAL ANNUAL COST: $45,300.00

ADDITIONAL OPTIONS

ALTERATIONS
Increase hem length 1 Each $150.00 $150.00
Decrease hem length 1 Each $125.00 $125.00
Increase sleeve length 1 Each $125.00 $125.00
Decrease sleeve length 1 Each $115.00 $115.00
Increase waist size 1 Each $125.00 $125.00
Decrease waist size 1 Each $115.00 $115.00
Increase inseam length 1 Each $125.00 $125.00
Decrease inseam length 1 Each $115.00 $115.00
Extension Panel w/outer shell material, moisture barrier and thermal liner 1 Each $75.00 $75.00

INSTALLATION/REMOVAL/REPAIR
Remove letter patch 1 Each $5.00 $5.00
Mask pouch (sewn on) 1 Each $45.00 $45.00
Mic tab 1 Each $11.00 $11.00
Flashlight holder w/ Mic Tab combonation 1 Each $21.00 $21.00 Hanging D ring 1 Each $17.00 $17.00
Thumb loop 1 Each $5.00 $5.00
Hanging ring (2" diameter) 1 Each $20.00 $20.00
Steam channel knee 1 Each $48.00 $48.00
Sleeve cuff 1 Each $30.00 $30.00
Pant cuff 1 Each $40.00 $40.00
Small patch 1 Each $10.00 $10.00
Medium patch 1 Each $15.00 $15.00
Large patch 1 Each $25.00 $25.00
Bar tack 1 Each $5.00 $5.00
Rivets 1 Each $2.00 $2.00
Snaps 1 Each $3.50 $3.50
Zipper closures Chest 1 Each $31.00 $31.00
Zipper closures Fly 1 Each $12.00 $12.00
Hook and loop closures Chest 1 Each $37.00 $37.00
Hook and loop closures Fly 1 Each $21.00 $21.00
Hop and loop pockets 1 Each $22.00 $22.00
Trim Sleeve 1 Each $25.00 $25.00
Trim chest 1 Each $60.00 $60.00
Trim hemline 1 Each $60.00 $60.00
Trim radio pocket 1 Each $12.50 $12.50
Trim mask pouch 1 Each $20.00 $20.00
Liner patch - moisture barrier 1 Each $15.00 $15.00
Liner patch - thermal liner 1 Each $15.00 $15.00

MANUFACTURE
Letter Patch w/ Heat seal letters 1 Each $22.00 $22.00
Mask pouch (sewn on) - 4" x 9" x 15" 1 Each $45.00 $45.00 Semi-expansion pocket - 2" x 9" x 8" (Coat) 1 Each $45.00 $45.00 Expansion Cargo, full below - 2" x 10" x 10" (Pant) 1 Each $45.00 $45.00 Radio pocket w/ Mic Tab combination w/ double notch
closure flap - 2" x 3.5" x 7" 1 Each $55.00 $55.00
Mic tab 1 Each $11.00 $11.00
Flashlight holder w/ Mic Tab combonation 1 Each $16.00 $16.00 NOMEX®hand and wrist guard w/ Thumb loop 1 Each $15.75 $15.75 Hanging D ring 1 Each $15.00 $15.00
Standard Knee of specified turnout (Globe® Gxtreme) 1 Each $45.00 $45.00 Steam channel knee 1 Each $40.00 $40.00
Nomex embroidery 1 Each $7.50 $7.50
Low Bidder - Scotts PPE Recon @ $45,300.00
***FOR COSTING PURPOSES ONLY***
Lodi, CA
Scotts PPE Recon Inc.

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO. 2122-34 PPE CLEANING, INSPECTION AND REPAIR SERVICES 3/8/2022
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 9, 2022
Date: April 12, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Police Officer Standards and Training Academy Services CONTACT: Chris Adams, Lieutenant, [email protected], 209.572.9500 DESCRIPTION:

Consider approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services, and increase the estimated annual cost by $25,000 to a new total of $125,000 and the total amount not to exceed to $625,000 over five years, rescinding Resolution No. 2021-066, and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

The Commission on Peace Officer Standards and Training (POST) is the training standard for police officers, deputy sheriffs, school district police officers, district attorney investigators, as well as other classifications of peace officers. The basic POST academy is both physically and mentally challenging. It includes a minimum of 664 hours of POST-developed training and testing in 42 separate areas of instruction.

The academy is designed to provide a demanding, rigorous, and interactive learning environment.

The goal of every POST-certified academy is to ensure that those who graduate will be wellprepared for and successful in the Field Training Program and their career as California peace officers.
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Police Officer Standards and Training Academy Services Page 2 of 4 Police Officer Recruits hired by the Modesto Police Department are paid a salary while they attend the POST Academy, the department also pays the tuition for the academy. If an academy is not local to Modesto (more than one hour away), then the department also pays for lodging, meals, and incidentals for each recruit. In a given fiscal year, the Department sends 20-25 Police Officer Recruits through the POST Academy.

On February 23, 2021, the City Council adopted Resolution No. 2021-066 approving the payment for furnishing Police Officer Standards and Training Academy services with San Joaquin Delta College and/or Stanislaus County Sheriff’s Department Regional Training Division for an estimated annual cost of $100,000 and a total amount not to exceed $500,000 over five years.

Since that time, the rate of attrition within MPD has grown tremendously and being competitive in the hiring of police officers continues to be a challenge not only in Modesto, but also nationally.

Many law enforcement agencies have seen a sharp decline in applicants interested in becoming sworn police officers. The Modesto Police Department saw 2,200 applicants for sworn positions in 2015. Each year that number has steadily declined and in 2021, MPD saw 605 applications.

MPD currently has 26 vacant sworn positions out of its 210 allocations which has created a critical staffing issue. As MPD is not the only law enforcement agency having difficulty finding quality applicants, MPD constantly seeks ways to be competitive in the hiring process. It has been a recurring theme to have qualified candidates accept positions with the agency who is able to make an employment offer first.

DISCUSSION:

The Modesto Police Department’s recruitments have always been cyclical in nature due to retirements, separations and promotions. Hiring is a long and extensive process of which the Police Officer Recruit POST Academy is vital. In order to continuously recruit and hire to maintain proper staffing levels, the department’s ability to hire new Police Officers and get them into POST Academy training in a timely fashion is critical.

The Police Department primarily sends Police Officer Recruits to the Stanislaus County Sheriff’s Department Regional Academy as well as the San Joaquin Delta College Basic Peace Officer Academy. In the past the Police Department has also utilized other academies in the State of California in order to send Police Recruits to a class in a timely fashion. This has included Long Beach, Sacramento County, Fresno, Alameda County, and Napa Valley. While there is an increased cost associated with recruits attending academies outside of the area, it is imperative to stay competitive with the hiring process. The Stanislaus and Delta academies only hold two full time academies a year, and they typically start and end at the same time, Fall (late September) and Spring (late March). This timing of academies creates a period of several months where MPD is not able to make offers of employment with an immediate start date. Instead, an offer may be given with a start date of up to three months out. If that same candidate were to be offered a position with a different law enforcement agency with an immediate start date, they will turn down the Modesto offer and accept with the other agency. Expanding our academy options will allow the Police Department to send recruits to an academy more frequently, which will allow us to offer jobs to recruits with immediate start dates more often and help reduce candidates selecting other agencies based on a start date.
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Police Officer Standards and Training Academy Services Page 3 of 4 The MPD has identified the Sacramento Police Academy as a viable option as a POST certified recruit academy. Academies with this agency are held in July and January, which would enable MPD to send recruits to an academy four different times each year for a total of 6 classes. This will enable MPD to be more competitive in an ever changing and difficult hiring market.

Modesto Municipal Code (MMC) Section 8-3.204 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Additionally, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Here, San Joaquin Delta College, Stanislaus County Sheriff’s Department Regional Training Division, and the Sacramento Police Academy should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) since they are the local POST training facilities which meet or exceed the standards of POST training for recruits.

Additionally, San Joaquin Delta College, Stanislaus County Sheriff’s Department Regional Training Division, and the Sacramento Police Academy should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) as they are the lowest possible cost commensurate with the desired quality. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

Below is a breakdown of estimated costs for four different POST Academies in closest proximity to Modesto:

Agency Name Tuition Lodging* Meals/Incidentals* Total Est. Cost per Recruit
Alameda Regional
Training Center
$5,200 $18,144 $7,128 $30,742
Stanislaus County Sheriff
Regional Training Division
$6,456 $0 $0 $6,456
Delta College $1,884** $0 $0 $1,884**
Sacramento Police
Academy
$1,591 $19,200*** $8,400 $29,191***
*costs are based on the FY 22U.S. General Services Administration Per Diem Rates and a six-month, 5 day per week academy
**The tuition cost for this academy has reduced by $1,500 per recruit since Reso No. 2021-066 was approved ***lodging for the Sacramento Police Academy would be shared between attendees and therefore not a cost per recruit.

The Stanislaus County Sheriff Department Regional Training Division has a letter of agreement in place with MPD that provides for the Police Department receiving credit for two slots in each academy class in exchange for access to the department’s Tactical Training Center Gun Range. The MPD intends to have this academy be cost neutral as much as possible.

Funds for Police Officer Recruit Academies are budgeted in the current Police Department Fiscal Year Operating Budget in 0100-19420-53015 and 0100-19420-53025. Funds are budgeted each fiscal year for the provision of Police Officer Recruit academies as it is a fundamental requirement in the Department’s recruitment process.
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Police Officer Standards and Training Academy Services Page 4 of 4 Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 9, 2022
Date: April 27, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: StarChase Sole Source Purchase
CONTACT: Steven Stanfield, Lieutenant, [email protected], (209) 572-9500 DESCRIPTION:

Consider approving the sole source purchase order with StarChase for 25 Global Positioning System tracking units for law enforcement use for an estimated total cost not to exceed $161,698. (Funding Source: Traffic Safety Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

Vehicle pursuits are high-risk events that present a public safety challenge for law enforcement.

While Modesto police officers evaluate the seriousness of an offense against the potential dangers a vehicle pursuit poses to themselves and members of the public, these quickly unfolding incidents inherently involve danger to police officers, citizens, and suspects.

To help mitigate the need for some vehicle pursuits, the Modesto Police Department (MPD) purchased five (5) StarChase Global Positioning System (GPS) tracking units as a pilot program in 2019. This technology has provided MPD officers with the ability to tag, track, and safely apprehend a suspect without the need to engage in a potential high-speed pursuit.

StarChase GPS tracking units consist of a vehicle-mounted GPS launcher that is installed in the grill of a police vehicle and deploys a GPS tag onto a vehicle in front of it. After an officer launches a GPS tag onto a vehicle, it can be tracked remotely until the vehicle stops at a location where the suspect can be apprehended with reduced risk to officers, the suspect, and bystanders.
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StarChase Sole Source Purchase

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Since the start of the pilot program in 2019, MPD has successfully deployed 35 StarChase GPS units and officers have arrested 28 individuals as result. Since the implementation of StarChase, the MPD has seen a consistent rise in subjects arrested for auto theft, all the while seeing a decrease in the overall occurrences of auto theft. In 2018, there were 1,208 auto thefts and only 13% saw arrests. In 2021, there were 930 auto thefts and 18% saw arrests. To date in 2022, there have been 206 auto thefts and 20% have seen arrests. This is a trend the MPD would like to see continue.

DISCUSSION:

The MPD strives to leverage technology and innovative solutions to help increase public safety and reduce the crime rate in Modesto. While many other cities across the nation are experiencing an increase in violent crime and auto theft, Modesto continues to see a decrease.

In 2020, for the first time in nearly 20 years, Modesto dropped out of the top ten cities in the nation with the highest auto theft rates. MPD continues to work hard to further reduce this ranking and StarChase has been one of the tools proven effective in combating auto theft and other serious crimes.

MPD believes the success it has already had with only five (5) StarChase units will exponentially increase as more of these GPS units are added to the fleet. Due to the demonstrated effectiveness of the StarChase units, MPD desires to purchase 25 additional StarChase units to ensure multiple units are available for use at any given time. This will further enhance the safety to our community while still allowing MPD to apprehend criminals who seek to victimize our community.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow formal bid procedures.

However, MMC 8-204(b) provides that a purchase may also be from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Additionally, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Here, StarChase should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-

3.204(b) since they are the original equipment manufacturer and the only vendor that is able to provide parts, service and support for this stand-alone product in the Electronic/Surveillance, Police Vehicle/Traffic Accessories, and Pursuit Management and Emergency products categories. Additionally, StarChase should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d) as there is currently no other similar alternative on the market. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

The estimated total cost for the purchase of 25 StarChase GPS units and the accompanying live tracking subscription is $161,698 as outlined in Attachment 1. There is sufficient funding for the initial purchase and the subsequent annual live tracking subscription costs in the department’s Traffic Safety Fund (Fund 1600). The annual subscription will be added to the annual Software Maintenance Agreement spreadsheet and approved annually by Council via the budget adoption process.
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StarChase Sole Source Purchase

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Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. StarChase Quotation

2. Signed Bid Waiver
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Quote# 598
Valid Until: Jul 31, 2022
Date: Apr 7, 2022 01:41 PM
Sales Representative: Jeff Coleman
Phone:209-300-4935
Email: [email protected]
Bill/Ship To:

SHANE CASTRO
CA-Modesto Police Department
10th Street
Modesto, California 95354
United States
Customer Name:______________________
Signature:___________________________
PO Number:__________________________
DATE:_______________________________
Grand Total: $ 161,697.50
Special Notes
Tax rate 7.88% applied to line 1
We will use the 4 installs to train your techs, then they can perform the rest of the installs.

Product Code Product Name Quantity Unit Price Total
21-SC-VML-BL VML Complete
System: (1) Vehicle
Mounted Launcher -
Black, (1) Interior
Console, (2) Remote
Key Fob and 24
Month Manufacturer
Warranty
25 $ 4,750.00

$ 118,750.00
21-SCTSP-T1 VML Total Solution
Package: 12 Months
Unlimited
Subscription GPS
Live Tracking
Projectiles, CoreView
Mapping, Data and
User Access
25 $ 1,250.00

$ 31,250.00
21-SC-INSTALL Vehicle Installation
Per Unit
4 $ 585.00

$ 2,340.00
Tax Tax 1 $ 9,357.50

$ 9,357.50
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05/03/2022
5/4/22
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Corporate: StarChase, LLC. Po Box 10057, Virginia Beach VA 23450 Office: 757-447-3625 ǀ email: [email protected] ǀ www.starchase.com To Whom It May Concern:

StarChase is the exclusive and sole manufacturer of the StarChase Vehicle Mounted and Handheld tagging and tracking technology. StarChase's technology is a patented product. Unique characteristics make it a stand-alone product in: Electronic/Surveillance (ex: AVL, Automatic Vehicle Location), Law Enforcement Vehicle/Traffic Accessories, and Pursuit Management / Emergency Products Categories.

Our patented products are solely available through StarChase.  StarChase is the only law enforcement tool (vehicle mounted/installed and hand-held device) that allows an officer to tag and track a suspect vehicle from a distance in virtually any situation.  StarChase’s real-time tracking technology, provides field visibility to dispatchers and assists officers in coordinating apprehension and/or perform suspect surveillance.  StarChase provides a secure ‘tamper proof’ historical data tracking record for later analysis and court admissibility.
 StarChase can be integrated with existing mission critical agency applications (i.e., dispatch CAD environment).
 StarChase’s CoreView mapping data can be downloaded to agency servers for indefinite historical record keeping.

Respectfully Submitted,
Trevor A, Fischbach, President
StarChase, LLC.
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CITY OF MODESTO

SAFETY & COMMUNITIES

COMMITTEE
DATE OF MEETING:

May 9, 2022
Date: April 18, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Youth Commission Updates and Bylaws
CONTACT: Ashley Weaver, Recreation & Neighborhoods Services Manager, [email protected], (209) 577-5428
DESCRIPTION:

Consider rescinding Resolution Nos. 89-443 and 86-1369, and adopting new membership composition and application requirements for the City of Modesto Youth Commission; adopting new Youth Commission bylaws, and forwarding to Council for approval. (Funding Source:

General Fund – Recreation Operations)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Governance and Service Delivery and Economic Vitality.

BACKGROUND:

The City of Modesto Youth Commission (Commission) was established in the early 1970s to provide young people the opportunity to participate in the governmental process, and act as liaison between the youth of Modesto and the City Council. In addition, by Resolution 94-643 and Council Policy 1.002, the Youth Commission also administers the Honoring Outstanding Youth awards on behalf of the City.

By Resolution No. 86-1369, the Commission was initially composed of two high school students from each of the high schools in Modesto, including private and parochial schools. Those considered for appointment were first vetted by their respective student body presidents, seniors on the Inter-High Council, and outgoing Commission members. Each school recommended the appointment of two representatives for one and two year terms. Those considered were required to reside within the boundaries of the Modesto High School District, be enrolled as a full-time student at one of the schools, and be under the age of eighteen (18) years at the time of appointment. In 1989, by Resolution No. 89-443, Council amended the selection process in which the high school principals recommended names of students interested in serving on the Commission and forwarded them to Council for appointment. #4..
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Youth Commission Updates and Bylaws

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The Youth Commission remained active through the end of the 2010 school year before falling victim to the impact of the 2009 recession, which resulted in a reduction in general fund support for programming. In 2020, a group of local students engaged their peers to restore the Youth Commission and reached out to Mayor Zwahlen and Vice Mayor Escutia-Braaton. After two roundtable discussions with students and staff, a formation Advisory Board was created as a pilot group to review and update the membership criteria and application process, create bylaws, set youth-oriented goals, and initiate the application process for the 2022-2023 school year.

DISCUSSION:

Overseen by the Parks, Recreation and Neighborhoods Department, the Youth Commission Advisory Board has been meeting monthly since October 2021. The Advisory Board is comprised of eight students from Modesto High School, Beyer High School, Enochs High School, and Downey High School. Together, they researched other Youth Commission organizations and assessed their composition, application process, and objectives. In addition, they completed a Martin Luther King, Jr. Commemoration video to share their ideas and thoughts on youth voices in local government, community involvement, and the importance of voting.

Advisory Board Recommendations:

Youth Commission Composition and Membership:
 9 Members meeting the following criteria:
o Live within the boundaries of the City of Modesto.
o Be a full-time student enrolled in high school.
 Appointment for a one-year term (October 1st through June 30th)  Members may apply to serve up to four (4) consecutive terms) Bylaws:

The draft bylaws (attached) have been reviewed as to form by the City Attorney’s Office. They include the Youth Commission appointment and membership criteria, as well as the standard administrative requirements for meeting efficiencies. Particular to the Youth Commission is the Mission Statement and Vision Statement as stated below.

Mission Statement: “The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.”
Vision Statement: “To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.

To educate youth through guidance and meaningful participation in the processes of civic engagement including the procedures for advocacy, collaboration, communicating the needs of youth, decision-making, leadership, and planning.” Reconvening the Youth Commission will once again provide young people the opportunity to actively participate in the governmental process and share their views, ideas, and recommendations in the development of programs and policies related to young people. Staff recommends rescinding outdated Youth Commission resolutions and replacing them with new #4..
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Youth Commission Updates and Bylaws

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resolution(s) specific to the updated Youth Commission membership and appointment requirements, and the adoption of new Youth Commission bylaws. Applications will be promoted on the City’s website and social media platforms. Schools will be asked to post online and at school sites. If approved, the Youth Commission will reconvene at the start of the 2022-2023 school year in the fall (October 1, 2022).

FISCAL IMPACT:

To support the reinstatement of the program, the department has proposed $31,760 in the Fiscal Year 2022-23 General Fund Budget for the operation of this program in Cost Center 33030-Recreation Operations.

Approved by:

Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution No. 86-1369

2. Resolution No. 89-443

3. Draft Bylaws
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 1

YOUTH COMMISSION
BYLAWS
Adopted [DATE], Resolution No. [XX]
Article I. Definitions
Section 1.01 There is a Commission created to be known and designates as the Modesto Youth Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Youth Commission. (b) “Youth Commission” and “Commission” shall mean the Youth Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.

Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:

The mission of the Modesto Youth Commission is to provide Modesto young people from diverse walks of life with the opportunity to participate actively in the governmental process, to provide advice and input on matters impacting youth, and act as liaison between the youth of Modesto and the City Council on matters affecting the quality of life for all youth.

Section 2.02 Vision Statement
To expand civic participation opportunities to diverse youth to share ideas, recommendations, and youth perspective in the development of City of Modesto programs and policies that affect their lives.

Section 2.03 Power and Duty
The Commission has the power and duty to:
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 2 (a) Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;
(b) Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;
(d) Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement; (e) Act in an advisory capacity to other City commissions in matters of youthrelated concerns and programs; (f) Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; programs developed or improved to encourage youth participation and include the unique youth voice;
(g) Work with City staff to promote better youth services and to find solutions to concerns involving youth in the City of Modesto.

Article III. Membership
Section 3.01 The Youth Commission shall consist of nine (9) qualified persons, comprised of the following:

Seat Designation Term
Chairperson One year, voted by simple majority of
commission.

Vice Chairperson One year, voted by simple majority of
commission.

Citizen
(All nine commissioners)
One year – High School Senior; Two years –
High School Junior; appointed by City
Council
Section 3.02 Youth Commissioners must:
(a) Live within the boundaries of the City of Modesto.
(b) Be a full-time student enrolled in high school.
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 3 Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments to the Commission shall be made by the City’s Appointments Committee.

Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.

Article IV. Terms of Office
Section 4.01 Members may serve no more than four (4) consecutive terms.

Section 4.02 A full term is one (1) year in duration.

Section 4.03 A partial term of one (1) year shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on October 1 and expire on June 30.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than five (5) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.

Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer a resident of the City or when a conflict of interest exists.
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 4 Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Member knows they will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission. Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.

Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting. #4..
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Youth Commission Bylaws [DATE] – Resolution No. [XX] Page | 5 Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.

Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures in the conduct of Commission meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council. 5078505.1
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 9, 2022
Date: April 14, 2022
TO: Safety and Communities Committee:

Chris Ricci, Chair
Sue Zwahlen, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: 2022 Kiwanis Graffiti Parade and Car Show
CONTACT: Steve Fischio, Operations Manager, [email protected], 342-2222 DESCRIPTION:

Consider approving the City’s sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car Show, including the waiver of City permit fees, Police Department overtime and vehicle costs, and Public Works labor and equipment costs at an estimated cost of $82,430, and forwarding to Council for approval. (Funding Source: Surface Transportation Fund and General Fund)
STRATEGIC PLAN ELEMENT:

This item is in conformance with the City’s Strategic Plan Area: Economic Vitality Goals and Strategies: “Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; “Goal F: “build and promote recognizable and desirable identity for the City of Modesto.” BACKGROUND:

The Graffiti Parade and Car Show is a Modesto tradition. North Modesto Kiwanis has sponsored this event for 22 years, with over 1,500 classic cars registered at the last event and over 20,000 guests. The parade and car show raises over $100,000 to support local children’s charities through scholarships, grants, and multiple funding programs. The annual event draws participants and spectators from miles around that benefit Modesto lodging, restaurants, and entertainment venues.

DISCUSSION:

Staff requests approval from Council to sponsor the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car Show. The sponsorship will include a waiver of the City permit fees, #5..
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Safety and Communities Committee, May 9, 2022
2022 Kiwanis Graffiti Parade and Car Show

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Police Department associated costs which include overtime and vehicle costs, and labor and equipment costs for the Streets Division.

On Friday, June 10, 2022, the parade starts at 6:00 PM in Downtown Modesto and continues on to McHenry Avenue with a turn-around at McHenry and Briggsmore Avenues. The car show on Saturday, June 11th and Sunday, June 12th is located at the Modesto Junior College East Campus.

The Police Department will provide public safety coverage and traffic control throughout this weekend event. The Public Works Streets Division will set up road closures, signage, and assist the Modesto Police with traffic control.

FISCAL IMPACT:

The costs associated with the waiver of City permit fees, Police Department costs, Parking, and Streets Division costs for the 2022 parade and car show are estimated to be $82,430. These expenses will be absorbed in the departments’ respective current fiscal year budget.

Description Estimated Cost
Public Works
Department Staff / Equipment $17,940
City Permits Parade / Sound / Street Closure $53
Police Department Staff / Vehicles $63,659
Parking Centre Plaza Parking Lot Rental Fee $750
Parking Staff time Set-up and removal of barricades $28 Total $82,430

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
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Safety and Communities CommitteeMay 9, 2022

Safety and Communities Committee
May 9, 2022