Safety and Communities Committee
June 13, 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)
Monday, June 13, 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:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include - 1 -
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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.

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.
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 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 City’s Web site at www.modestogov.com.
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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 a Memorandum of Understanding (MOU) for service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock for Fire Department Training Services and forwarding to the Council for approval. (Funding Source: General Fund) FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]

2. Consider approving an Amendment to the Purchase Agreement with Johnson Controls, San Leandro, CA, for an updated Security Access System Migration, by $30,000 for additional parts and services that may be required through the life of the Agreement for a new amount not to exceed $245,884, and forwarding to Council for approval. (Funding Source: Supplemental Law Enforcement Services Fund - SLESF) POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected]

3. Consider accepting a non-exclusive, non-consensual franchise towing services contract for 12 applicants, and forwarding to Council for approval (Funding Source: General Fund)
POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected]

NEW BUSINESS

4. Consider approving the slogan “Modesto Mo’ Beautiful,” selected by the Blight Abatement Advisory Committee for education and outreach programs, in accordance with the Blight Abatement Strategy, and forwarding to Council for approval. (Funding Source: Not Applicable)
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected]

5. Consider recommending for Council approval a pilot Safe Parking Program at the parking lot at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager, or his designee, to negotiate the terms and execute a - 4 -
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Memorandum of Understanding with the County of Stanislaus, Salvation Army, and Stanislaus Foods Products (SFP) for the use of the site. (Funding Source: America Rescue Plan Funding)
CED; Edgar Garcia, 209-571-5101, [email protected]

6. Consider approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance; amending the Fiscal Year 21/22 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding) PRN; Nathan Houx, 209-571-5526, [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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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: May 17, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
FROM: Alan Ernst, Fire Chief
SUBJECT: Fire Department Training Services MOU
CONTACT: Alan Ernst, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving a Memorandum of Understanding (MOU) for service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock for Fire Department Training Services and forwarding to the Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto Fire Department (MFD) is an all-risk fire department that responds to multiple types of emergency incidents, including but not limited to: residential, commercial, and wildland fires, hazardous materials releases, vehicle extrication, confined space rescue, trench rescue, high angle and low angle rope rescue, water rescue, and emergency medical services.

Firefighters must be well trained and proficient in all the above emergencies as well as other unique circumstances. In 2014, MFD entered into a resource-sharing agreement with the City of Ceres, the City of Turlock, and SCFPD. This agreement ensures that the closest unit available to an emergency is dispatched regardless of the agency. It is imperative that the personnel are consistently trained and share common standards.

In August 2019, by Resolution 2019-384, MFD entered into a Training Agreement with the City of Ceres and the other resource-sharing agencies to provide one training division for all agencies in resource sharing. The participating agencies realized operational and fiscal efficiencies by sharing resources to deliver a common training platform. This agreement is set to expire on June 30, 2022. In the proposed agreement, the partnership will add the City of Turlock to a five-year agreement with the City of Modesto, SCFPD, and the City of Ceres. This #1..
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Safety and Communities Committee, June 13, 2022
Fire Department Training Services MOU

partnership will provide training staff, equipment, and facilities to meet the training needs of the agencies and better serve the communities.

DISCUSSION:

The initial term of the agreement is from July 1, 2022 through June 30, 2027. MFD will provide administrative oversight of the training division and will provide two (2) forty-hour training officers, along with administrative support from a part-time administrative assistant. The City of Turlock Fire Department will provide one (1) Division Chief forty hours a week assigned to the Joint Training Division, along with the use of their training facility. MFD will also be providing several training props for the training facility. The City of Ceres will provide the facility for the Joint Training Division, utilizing the existing unstaffed Fire Station No. 3 on Service Rd. The station is the primary training site for the current Training Agreement.

The Joint Training Division will be responsible for ongoing training of all operational personnel.

With the numerous requirements placed upon the fire service today by the many regulatory agencies, laws, and regulations, such as; the National Fire Protection Association (NFPA), Occupational Safety and Health Administration (OSHA), American National Standards Institute (ANSI), California Code of Regulations (CCR), Insurance Service Office (ISO) and Regional EMS, the Training Division will be better equipped to coordinate the training needed to comply with established regulations from these agencies. The Training Division will also be responsible for the administrative record keeping for job-related certifications and for the California Firefighter Joint Apprenticeship Training Program (CAL-JAC).

A Training Committee will be established that will meet on a monthly basis to ensure that the goals of the Joint Training Division are being met. Each agency, including MFD, will assign one representative to serve on this committee.

FISCAL IMPACT:

The fiscal impact of this MOU is the fiscal efficiencies realized through the economy of scale of combining resources to deliver a common training platform. No funds will be transferred between any agency under this MOU for services or supplies. The FY22-23 General Fund budget for the Fire Department is not impacted by this MOU. MFD will benefit from additional support staff, props, equipment, and facilities without additional expenses, through this MOU.

Approved by:

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

1. Shared Training MOU
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1 MEMORANDUM OF UNDERSTANDING FOR FIRE

DEPARTMENT TRAINING SERVICES BETWEEN THE CITIES

OF MODESTO AND TURLOCK AND CERES AND THE

STANISLAUS CONSOLIDATED FIRE PROTECTION DISTRICT
This Memorandum of Understanding for Training Services (“MOU”) is entered into as of July 1, 2022, by and between the City of Modesto, a municipal corporation (“MODESTO”), the City of Ceres, a municipal corporation (“CERES”), the City of Turlock, a municipal corporation (“TURLOCK”) and the Stanislaus Consolidated Fire Protection District, a California special district (“STANISLAUS CONSOLIDATED”) (collectively, the “Parties”).

RECITALS
WHEREAS, MODESTO, CERES, TURLOCK and STANISLAUS
CONSOLIDATED desire to enter into an agreement to share Fire Department training services and costs; and
WHEREAS, the Parties believe that this is a prudent and cost-efficient way to deliver important public safety services in an improved manner; and WHEREAS, the Parties wish to enter into an expanded MOU for shared training services; and
WHEREAS, the Parties are entering into this Memorandum of Understanding (MOU) as authorized pursuant to California Government Code Sections 54980, et seq.; and
WHEREAS, each Party will continue to be governed by their currently designated governing authority.

NOW THEREFORE, the Parties agree as follows:

1. Scope of Services. The positions identified below (“Designated Fire Department Positions”) shall deliver the services more particularly described below:
(a) Training Division
(1) The shared Training Division will consist of the following personnel assigned from MODESTO, TURLOCK and

STANISLAUS CONSOLIDATED
(2) MODESTO shall provide administrative oversight to the training division and dedicate a minimum of two (2) forty (40) hour Training Officers.
(3) TURLOCK shall provide a Division Chief to the Training #1..
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2 Division at a minimum of forty (40) hours per week.
(4) STANISLAUS CONSOLIDATED shall provide one (1)
Training Officer to the Training Division at minimum of (40) hours per week.
(b) Training Facilities
(1) CERES will provide the facility and grounds located at Station 17 as the training facility.
(2) TURLOCK will provide access to the facility and drill grounds located at 701 South Walnut.
(3) Refer to Exhibit A for a detailed list of contributions that each party shall contribute.
(c) Administrative Assistant
(1) MODESTO will provide a part-time Administrative Assistant that will provide administrative support to the Training Division.

The Modesto Administrative Assistant may be assigned to other duties as needed to assist in the administrative support of MODESTO.
(2) STANISLAUS CONSOLIDATED will provide part-time
additional administrative support to the training division when deemed necessary.
(d) Training Committee
(1) MODESTO, CERES, TURLOCK, and STANISLAUS
CONSOLIDATED will establish a Training Committee that will meet on a monthly basis to ensure that the mission, vision and goals of the Training Division are being met. Each party will assign one (1) representative to serve on the committee. Each meeting will be agendized and meeting minutes will be kept and distributed to each agency.

2. Regulations and Policies. MODESTO, CERES, TURLOCK, and STANISLAUS CONSOLIDATED will provide the assigned training personnel with all necessary regulations, policies, procedures, manuals, and other information, as well as incidental materials and supplies, work area, computer access, telephone, and other standard provisions as required to perform the services called for by this MOU.

3. Employment of Personnel. Assigned Training Division employees of MODESTO, CERES, TURLOCK, and STANISLAUS CONSOLIDATED working #1..
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3 in their designated fire department positions shall remain with their current employer of record unless a separate agreement is reached.

4. Litigation Support. The Parties will make the designated fire d epartment employees available to testify in any litigation or administrative proceeding brought regarding work performed under this MOU.

5. Initial Term of the MOU. The term of this MOU shall be for a period of five (5) years, to commence on July 1, 2022, and continue until June 30, 2027.

6. Extension of Term. This MOU may, by resolution of all parties, be extended for an additional two (2) year increment, if all parties agree, no later than June 30, 2026.

7. Termination or Withdrawal. At any time and without cause, any Party may terminate the whole or any part, its participation in this MOU by giving at least six (6) months advance written notice to the other Parties.

8. Indemnification. The Parties to this MOU agree to defend, hold harmless and indemnify the other Parties, their elected and appointed officials, employees and agents, from any and all claims for injuries or damage to persons or property caused by the indemnifying party’s performance or failure to perform under this MOU.

9. Insurance. Each party shall secure and maintain, at its sole expense, appropriate insurance coverage, including workers’ compensation coverage, throughout the term of this Agreement. Prior to the effective date of the Agreement and subsequently upon the request of the other party, each party shall provide evidence of insurance coverage or satisfactory statements of self-insurance meeting the requirements specified below:
(a) Commercial General Liability Insurance, insurance with a minimum limit of liability per occurrence of Two Million Dollars ($2,000,000) for bodily injury and property damage. If Commercial General Liability Insurance or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability Insurance, with a minimum limit of liability per #1..
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4 occurrence of One Million Dollars ($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 at least the minimum statutory limits. With respect to Workers Compensation coverage, the party employing the Designated Fire Department Employee will provide Workers Compensation coverage for any injuries sustained in the normal course and scope of the Designated Fire Department Employees’ performance of services.
(d) General provisions for all insurance. All insurance shall:
(1) Be endorsed to include the other parties, its elected and appointed directors, officials, officers, employees, volunteers and agents, as additional insureds with respect to this MOU and its performance. The coverage shall contain no special limitations on the scope of its protection to the abovedesignated insureds. (2) Be primary with respect to any insurance or self-insurance programs of other Parties, their elected and appointed
officials, employees, and agents.
(3) Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a
certificate of insurance.
(4) No changes in insurance may be made without the written approval of all parties’ general counsel’s offices. No changes in insurance may be made without the written approval of all parties’ general counsel’s offices.

10. Mediation. Should any dispute arise out of this MOU, any party may request that it be submitted to mediation. The involved Parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the involved Parties; in the absence of an agreement, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfolded” process. The cost of mediation shall be borne equally by all involved Parties. No party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall not last more than sixty (60) days, unless the sixty (60) day period is extended in writing by the Parties. #1..
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5 11. Costs and Attorney Fees. Attorney fees shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this MOU.

12. Intent. The Parties intend to continue to explore efficiencies and commit to pursue further collaborations.

13. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect.

14. Not a Joint Venture or Joint Powers Authority. The Parties intend by this MOU to establish only a MOU for shared training services, and do not intend to create a joint powers authority, partnership, joint venture, or joint enterprise of any kind.

15. No Third Party Beneficiary. This MOU is only for the benefit of the Parties as corporate entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.

16. Notices. All notices, demands, requests, and other communications required or permitted under this MOU between the Parties shall be in writing and:
(a) Sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States mail, or (b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or
(c) Sent by telecopy or similar means if a copy of the notice is also sent by United States Certified Mail; in which case notice shall be deemed delivered on transmittal by telecopier or other similar means, provided that a transmission report is generated that reflects the accurate transmission of the notice(s) as follows:
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6 Notice to City of Ceres must be addressed as follows:

City of Ceres
Attn: City Manager
2220 Magnolia Street
Ceres, CA. 95307
And copy to:

Ceres Fire Department
Attn: Fire Chief
2755 Third Street
Ceres, CA 95307
City of Modesto must be addressed as follows:

City of Modesto
Attn: City Manager
PO Box 642
Modesto, CA. 95354
And copy to:

Modesto Fire Department
Attn: Fire Chief
409 12th Street
Modesto, CA 95354
City of Turlock must be addressed as follows:

City of Turlock
Attn: City Manager
156 S Broadway
Turlock, CA 95380
And copy to:

Turlock Fire Department
244 N Broadway
Turlock, CA 95380
Stanislaus Consolidated Fire Protection District must be addressed as follows:

Stanislaus Consolidated Fire Protection District
Attn. Fire Chief
3324 Topeka Street
Riverbank, CA 95367
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7 And copy to:

Law Offices of Best Best & Krieger
Attn. Christopher Diaz
2001 North Main Street, Ste. 390
Walnut Creek, CA 94596

17. No Waiver. No failure on the part of any party to exercise any right remedy hereunder shall operate as a waiver of any other right or remedy that any party may have hereunder, nor does waiver of a breach or default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other provision of this MOU.

18. Amendment. No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by all Parties.

19. Governing Law. This MOU, regardless of where executed, shall be Governed by and construed according to the laws of the State of California.

20. Venue. Venue for any action regarding this MOU shall be in the Superior Court of the County of Stanislaus.

21. Authority to Enter into MOU. Each party warrants that the individuals who have signed this MOU have the legal power, right, and authority to make this MOU and to bind each respective party.

22. Entire MOU. This MOU consists of eight (8) pages and constitutes the complete and exclusive Statement of the MOU among the Parties. No terms, conditions, understandings or agreements purporting to modify or vary this MOU, unless hereafter are made in writing and signed by each party to be bound, shall be binding on any of the Parties.

23. Counterparts. This MOU may be executed in duplicate originals, each which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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8 IN WITNESS WHEREOF, this Parties have executed this Agreement with the intent to be bound thereby as of the Agreement Effective Date.

City of Ceres Approved to Form:

Dated: _______________
_____________________
Alex Terrazas, City Manager
City of Modesto Approved to Form:

Dated: ________________
________________________
Joseph P. Lopez, City Manager
City of Turlock Approved to Form:

Dated: __________________
_______________________
Chris Jelinek, Deputy Fire Chief
Stanislaus Consolidated Fire Protection District Approved to Form:

Dated: ___________________
_________________________
Tim Tietjen, Deputy Chief
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9 EXHIBIT A

MODESTO /CERES/SALIDA/TURLOCK TRAINING PARTNERSHIP
Ceres contributions:

Fire Station 17
Grounds
Offices
Classroom
All living areas (kitchen, bedrooms, showers)
Gym
Apparatus bays
Shed
Existing props
Facility maintenance
Utilities (electricity, gas, water)
Modesto contributions:

Training staff (minimum of two (2) 40 hour training officers and one (1) part-time administrative position)
Target Solutions administration
Company evolution scheduling / involvement
Training props
Facility equipment (tables, desks, computers, copiers, printers, etc.) Training equipment / supplies management (Ceres and Modesto funded) Subject matter experts
State certified instructors
Turlock contributions:

Training staff one (1) person assigned to a minimum of 40 hours per week.

Training Drill grounds and classroom
Stanislaus contributions:

Training staff (1) 40 hour training officer
Additional Administrative Support when deemed necessary State certified instructors
Subject matter experts
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: May 25, 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: Security Access System Migration Purchase Agreement Amendment CONTACT: Chris Adams, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Consider approving an Amendment to the Purchase Agreement with Johnson Controls, San Leandro, CA, for an updated Security Access System Migration, by $30,000 for additional parts and services that may be required through the life of the Agreement for a new amount not to exceed $245,884, and forwarding to Council for approval. (Funding Source: Supplemental Law Enforcement Services Fund - SLESF)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto Police Department (MPD) encompasses one whole city block, bounded by G and F Streets and 10th and 11th Street. Due to the nature of police work and records maintained by the MPD, the campus is required to be secure. The security access controls system was put into service when the campus was built in 1999. The entire system works off an antiquated Disk Operating System (DOS) and often fails in inclement weather or in the event of a power outage.

These system failures result in doors locking and/or inadvertent closing or opening of security gates, which poses a security risk to the parking lot, city vehicles and the various buildings located on the campus.

On October 12, 2021, by Resolution No. 2021-405 Council approved the Purchase Agreement for an updated security access system migration and agreement for three years of preventative maintenance and service with Johnson Controls, San Leandro CA, by utilizing the competitive bidding process with Sourcewell previously known as National Joint Powers Alliance (NJPA), for #2..
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Safety & Communities Committee, June 13, 2022
Security Access System Migration Purchase Agreement Amendment

facility security equipment, systems, and services, with related equipment and supplies for a total amount not to exceed $215,884.

DISCUSSION:

Work on this project has commenced and it has become apparent additional parts and services are needed to complete the project. For example, initially the access system at the Property & Evidence facility was not included in the scope of work for this project; however, in the last month the system at that building started to fail to the point that card readers (a way of tracking who enters the building and when) are no longer functioning and only keys are able to be utilized. As such, the MPD is seeking to increase the amount of this purchasing agreement by $30,000 to accommodate additional parts and services that may be required through the life of the agreement and to properly finish this project.

FISCAL IMPACT:

Sufficient funds are budgeted in 2017-2018 Supplemental Law Enforcement Services Fund Project Number 101059.

The increased cost for the security access system migration/upgrade is estimated to be $208,472. The cost for three (3) years of preventative maintenance and service is estimated to remain at $37,412 which includes 24/7 on-site response, including holidays, for a total amount not to exceed $245,884.

Approved by:

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

1. Agreement No. 207519

2. First Amendment to Agreement No. 207519
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1 FIRST AMENDMENT TO AGREEMENT

FOR THE PURCHASE OF SECURITY ACCESS SYSTEM MIGRATION AND

PREVENTATIVE MAINTENANCE AND SERVICE WITH JOHNSON CONTROLS INC This FIRST AMENDMENT to the 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 JOHNSON CONTROLS INC. hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT to the AGREEMENT is made with reference to the following recitals:

A. An AGREEMENT, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 5TH day of OCTOBER, 2021 to provide the purchase of security access system migration and preventative maintenance and service.

B. CITY and CONTRACTOR desire to amend the AGREEMENT by increasing the previously approved annual amount from $215,884 to $245,884 for the purchase of security access system migration and preventative maintenance and service identified in the AGREEMENT.

C. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. The second paragraph of the AGREEMENT shall be amended to include the following:
“Total amount not to exceed $245,884 over three years”.

2. Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a Municipal Corporation, has authorized the execution of this First Amendment to the Agreement by its City Manager and attested #2..
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2 by its City Clerk under authority of Resolution No.__________, adopted by the Council of the City of Modesto on the ____ day of _____________, 2022, and Johnson Controls Inc. has caused this First Amendment to the Agreement to be duly executed.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: May 19, 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: Non-Exclusive, Non-Consensual Franchise Tow Service Agreement CONTACT: Aaron Tait, Lieutenant, [email protected], 209.572.9500 DESCRIPTION:

Consider accepting a non-exclusive, non-consensual franchise towing services contract for 12 applicants, 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 City of Modesto’s non-exclusive, non-consensual franchise towing services contracts have been managed by the Modesto Police Department (MPD) for approximately 13 years. Pursuant to Title 11, Chapter 2-Procedure for granting public utility franchises of the Modesto Municipal Code, contracted tow companies have completed the application process, paid the required applicant fee, been through a thorough background and inspection process and are awarded their contracts by the City Council. These tow companies are requested to tow a vehicle by the City on a rotational basis utilizing a tracking software. Non-consensual tows include, but are not limited to: vehicles towed due to arrest, investigation of a crime, suspended driver’s license, no driver’s license, expired registration and violations of various other California Vehicle Code and Modesto Municipal Code sections.

The main goal of the City’s non-exclusive, non-consensual franchise towing program is to provide safe, responsible and reliable towing of vehicles on behalf of the City of Modesto. California Vehicle Code (CVC) 12110 authorizes a fee in connection with the award of a franchise for towing vehicles on behalf of the City. This fee may not exceed to the amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with the towing program. #3..
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Safety & Communities Committee, June 13, 2022
Non-Exclusive, Non-Consensual Franchise Tow Service Agreement

DISCUSSION:

The current non-exclusive, non-consensual franchise towing service agreements expire September 17, 2022. In anticipation of this, the MPD worked with the City Attorney’s Office, Finance Department and City Clerk’s Office on a formal Request for Applications (RFA) for nonexclusive, non-consensual franchise towing services. In whole, the agreement remains the same in content and form. The main changes to the agreement are outlined below:
 References to the required tow management software have been generalized to allow for vendor changes to take place as needed during the term of the agreement;  Use of specialized equipment has been added and rates are to be tied to the California Highway Patrol’s program rate;
 Fee increases continued with the annual increase included in the previous agreement for each tow type.

The three- year agreement would charge $75 for each and every non-consensual tow in the first two years, and commencing in year three (i.e. day 731 of the agreement), the franchise fee will increase to $80 for each and every non-consensual tow. This fee provides for a partial offset of expenses incurred by the MPD for the administration of the towing program.

On February 23, 2022, RFA 2122-43 for City Generated Non-Exclusive Non-Consensual Franchise Towing Services was posted to Planet Bids with a closing date of March 22, 2022.

Sixteen prospective bidders downloaded the RFA documents. Twelve tow companies submitted applications to the City Clerk’s Office. All required documents were reviewed by the Finance Department and all 12 applicants were deemed responsive and responsible. Next, the applications and documentation were providing to the Franchise Tow Administrator at the MPD for review of all supporting documentation, scheduling of site visits and equipment verification, and background checks were initiated in accordance with MMC 11-2.01 through 11-2.03.

On May 20, 2022, staff referred the list of 12 applicants to the City Manager for review. Upon review, the City Manager will recommend Council accept list, as required by MMC 11-2.04, pending the completion of the background and/or Department of Justice fingerprint process, as noted by and asterisk on the list of Franchise Tow Applicants below. If the Council accepts the City Manager’s recommendation, the City Clerk will publish a public hearing notice for the award of the Non-Exclusive Non-Consensual Franchise Towing Services Agreement, pursuant to MMC 11-2.05 through 11.2-08.

Below are the applicants to be considered and recommended for the City Generated NonExclusive Non-Consensual Franchise Towing Services Agreement:
 Four Star Recovery and Towing
 Central Valley Autobody and Tow
 Anderson’s Tow
 City Tow
 E-Tow
 Ceres Pro Tow
 Scenic Towing & Auto Care/Mike’s Tow
 Tow One, Inc.
 Myers Towing, Inc.
 Super Towing
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Safety & Communities Committee, June 13, 2022
Non-Exclusive, Non-Consensual Franchise Tow Service Agreement

 Ramont’s Tow Service
 Dizney & Wise Towing*
FISCAL IMPACT:

As proposed in the Non-Exclusive Non-Consensual Franchise Towing Services Agreement, the per vehicle tow fee, paid by the franchisee for the first two years of the agreement is set at $75, providing a cost recovery of approximately $202,500 for each of the first two years of the agreement. The fee will increase to $80 for the third year of the agreement. California Vehicle Code Section 12110 allows a public entity to charge a fee in connection with the award of a franchise for towing a vehicle on behalf of that public entity, in an amount not to exceed the actual and reasonable costs incurred in connection with the towing program.

Approved by:

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

1. RFA 2122-43 for City Generated Non-Exclusive Non-Consensual Franchise Towing Services

2. RFA 2122-43 Addendum No. 1

3. DRAFT Non-Exclusive Non-Consensual Franchise Towing Services Agreement #3..
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1 CITY OF MODESTO
REQUEST FOR APPLICATIONS (RFA) NO. 2122-43
FOR

CITY GENERATED NON-EXCLUSIVE NON-CONSENSUAL

FRANCHISE TOWING SERVICES
APPLICATION RESPONSE DUE:

Tuesday, March 22, 2022 -Before 11:00 a.m.

APPLICATION DEPOSIT FEE: $500.00
CITY CONTACT: Dianne Love, Senior Buyer
PHONE: 209-571-5164
E-MAIL ADDRESS: [email protected]
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2 REQUEST FOR APPLICATIONS NO. 2122-43
For

CITY GENERATED NON-EXCLUSIVE NON-CONSENSUAL FRANCHISE TOWING SERVICES

TABLE OF CONTENTS
Page
. Notice for Applications..................................................................................................3 . City Contacts..................................................................................................................4 . Calendar of Events.........................................................................................................4 SECTION 1
Background ....................................................................................................................5 . Scope of Work...............................................................................................................5 . Eligibility Requirements.............................................................................................5-6 SECTION 2
. Application Packet and Application Process ................................................................7 . Required Documents..................................................................................................... 8 . Rejection of Irregular Applications ...............................................................................8 . Non-Discrimination … ..................................................................................................8 . Drug Free Workplace.....................................................................................................9 . Consequence of Submission of Application...... ...........................................................9 . Award ............................................................... ...........................................................10 SECTION 3
. Business/Insurance Requirements...............................................................................11 . Business Experience Requirement ..............................................................................11 . Insurance Requirements .........................................................................................11-13 SECTION 4
. Non-Exclusive Non-Consensual Franchise Tow Services Application................14-19 Release of Information Authorization....................................................................20-21

ATTACHMENTS
. Exhibit A Sample
Non-Exclusive, Non-Consensual Tow Service Franchise Agreement…… ...22-43 #3..
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3 NOTICE FOR APPLICATIONS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California is accepting applications for City generated non-exclusive non-consensual franchise towing services for vehicle towing, impound services, street sweeps, and vehicle storage as directed by the Modesto Police Department. To be eligible for a nonexclusive franchise, applicants must: Submit a completed application packet, meet any and all requirements identified in the request for application, agree to comply with the terms and conditions of the non-exclusive non-consensual towing services franchise agreement and meet any other terms and conditions imposed by the City of Modesto for the granting of a non-exclusive franchise.

All Costs associated with the preparation of an application shall be borne by the Applicant.

Applications must be submitted on the application form prescribed by the City of Modesto. An application form is included with the Request for Application or may be downloaded from the City’s website at:
http://www.modestogov.com/257/contracting-bidopportunities under Bid Opportunities.

Each application packet shall be sealed and filed with the City Clerk’s Office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, March 22, 2022 at 11:00 A.M.at which time application packets will be opened and announced. Application packets will be received only at the City Clerk’s Office address shown above, and prior to the date and time indicated. Any application packet received at or after said date and time or at a place other than the stated address shall not be considered and will be returned to the applicant unopened.

All application packets will be on file for review, following the City Managers recommendation for granting of a nonexclusive non-consensual towing services franchise to Modesto City Council, at the City Clerks Office, 1010 Tenth St., Suite 6600, Modesto Ca. 95354.

All application packets, whether delivered by the applicant or agent of the applicant, U.S. Postal Service, courier or package delivery service must be received and time stamped by the date and time stated, at the stated address. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual date and time of receipt of the application packet. The City of Modesto assumes no responsibility for delay in the delivery of the application packet. It is solely the applicant’s responsibility to ensure that the application packet has been delivered to the proper location prior to the date and time indicated on this notice for application. On the outside of the application packet envelope, the applicant shall indicate the following:

NAME AND ADDRESS OF APPLICANT
REQUEST FOR APPLICATION NO. 2122-43

NON-EXCLUSIVE NON-CONSENSUAL FRANCHISE TOWING SERVICES
APPLICATION OPENING TIME AND DATE: MARCH 22, 2022
MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 TENTH ST., SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all applications or to waive any informalities or minor irregularities in any application.
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4 CITY CONTACTS
All questions regarding the application process shall be submitted in writing to Dianne Love at [email protected].

Questions regarding the application process shall be submitted to the Purchasing Division. Attempts by the applicant to contact other City representatives may result in disqualification of the applicant from the application process. Application process related questions should be directed to Dianne Love, Senior Buyer, in writing before 5:00 p.m. on March 8, 2022. Questions can be emailed to [email protected]

CALENDAR OF EVENTS
Event Date
Request For Applications Issued February 23, 2022
Written Questions Due March 8, 2022
Addendum Issued (If applicable) March 15, 2022
Applications Due BEFORE 11:00 A.M on March 22, 2022
To Council for Referral to City Manager June 2022
To Council for Award June 2022
NOTE: COUNCIL AWARD DATES ARE APPROXIMATE.

NOTE: It is the responsibility of each applicant to be familiar with all terms, conditions and specifications of this RFA. The applicant agrees to and acknowledges all RFA specifications, terms, and conditions and indicates the ability to perform by submission of an application packet. By the submission of an application packet, the applicant certifies that if awarded a non-exclusive non-consensual towing service franchise, applicant will make no claim against the City based upon ignorance or misunderstanding of the terms, conditions or specifications. #3..
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5 REQUEST FOR APPLICATION (RFA) NO. 2122-43
For

CITY GENERATED NON-EXCLUSIVE NON-CONSENSUAL FRANCHISE TOWING SERVICES SECTION 1

1.1 BACKGROUND
The main goal of the program is to provide safe, responsible and reliable towing of vehicles on behalf of the City of Modesto. In addition, California Vehicle Code (CVC) 12110 authorizes a fee in connection with the award of a franchise for towing vehicles on behalf of the CITY. However, the fee may not exceed the amount necessary to reimburse the CITY for its actual and reasonable costs incurred in connection with the towing program.

1.2 SCOPE OF WORK
The City of Modesto is accepting applications for City generated non-exclusive non-consensual towing services on behalf of the Modesto Police Department. Non-consensual towing services include but are not limited to:
1) Vehicles impounded by The City of Modesto for investigation, as evidence in a criminal case, asset forfeiture or vehicle forfeiture;
2) Vehicles involved in collisions, stalled vehicles, illegally parked vehicles, vehicles whose driver is incapacitated or physically unable to drive or has been arrested or detained; 3) Vehicles towed under any authority section of the California Vehicle Code or Modesto Municipal Code including but not limited to, 30 day impounds, abandoned vehicles, inoperative vehicles or abated vehicles from any street, alley, highway, or any other private or public property in the City of Modesto; 4) Any other towed vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the City of Modesto who is properly authorized to order such removal.

1.3 ELIGIBILITY REQUIREMENTS
To be eligible for a non-exclusive non-consensual towing services franchise applicants must:
1) Submit a completed application packet.
2) Meet any and all requirements identified in this request for application. 3) Agree to comply with the terms and conditions of the non-exclusive non-consensual towing services franchise agreement.
4) Meet any other terms and conditions imposed by the City of Modesto for the granting of a non-exclusive, non- consensual tow franchise.

All Costs associated with the preparation of an application packet shall be borne by the Applicant. #3..
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6 Applications must be submitted on the application form prescribed by the City of Modesto. An application form has been included with this Request for Application in Section 4, or may be downloaded from the City’s purchasing website at: http://www.modestogov.com/257/contracting-bidopportunities Bid Opportunities.

Each application packet shall be sealed and filed with the City Clerk’s Office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 on March 22, 2022 prior to 11:00a.m. on, at which time the applications will be opened and announced.

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 22, 2022.

The City Clerk Record of Application document will be available on PlanetBids by the end of day, March 22, 2022. The public bid opening for RFA 2122-43 – City Generated Non-Exclusive Non-Consensual Franchise Towing Services can be accessed using the Microsoft Team information provided below. By submitting your bid for the above-stated RFA you acknowledge, understand, and agree to this modified bid opening procedure.

Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,961656049# United States, Dallas
Phone Conference ID: 961 656 049#
All application packets will be on file for review, following the City Managers recommendation for granting of a non-exclusive non-consensual towing services franchise agreement to the Modesto City Council, at the City Clerks Office, 1010 Tenth St., Suite 6600, Modesto Ca. 95354.

Applications will be received only at the City Clerk’s Office address shown above, and prior to the date and time indicated. Any application received at or after said date and time or at a place other than the stated address shall not be considered and will be returned to the applicant unopened. #3..
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7 SECTION 2

2.1 APPLICATION PACKET AND APPLICATION PROCESS:

The submission of an application is a two (2)-phase process. Each application packet shall consist of two (2) parts.

2.1.1 Application Packet
Each application packet shall consist of the following two (2) parts.

Part 1:The required Business and Insurance documents as defined in Section 3 of this Request for Application shall be placed in a sealed envelope. The outside of the envelope shall be marked “Business/Insurance Documents, Part 1” Failure to provide all documents as required in Section 3 will result in the rejection of the application and the application will be returned to the applicant with no further consideration.

Part 2:The completed Franchise Application, all required documents listed in section 4 and the Franchise application deposit of $500 (MMC 11-2.03), shall be placed in a sealed envelope marked “Franchise Application, Part 2”. Incomplete applications and/or failure to submit all required documents listed in Section 4 will result in the rejection of the application and the application will be returned to the applicant with no further consideration.

A complete application packet shall consist of the Business/Insurance requirements envelope, Part 1, and the Franchise Application envelope, Part 2. Both application parts shall be placed in an envelope with the following information on the outside of the envelope:

NAME AND ADDRESS OF APPLICANT
REQUEST FOR APPLICATION NO.

NON-EXCLUSIVE NON-CONSENSUAL FRANCHISE TOWING SERVICES
APPLICATION OPENING TIME AND DATE: March 22, 2022 at 11:00 a.m.

The complete application packet shall be submitted at the place, date and time specified in the Notice for Applications.

2.1.2 Application Process
The application process consists of two phases.

Phase 1: The Finance Director and the Risk Manager will open and review the Business/ Insurance Documents, Part 1 envelope. The envelope marked “Franchise Application, Part 2” will remain sealed until it has been demonstrated that the Business /Insurance requirements have been met. If the documents submitted by the applicant do not satisfy all the requirements as detailed in Section 3, the entire Application Packet will be rejected and returned to the applicant and receive no further consideration. Applicants meeting all Financial/Business and Insurance requirements will proceed to phase 2 of the application process.

Phase 2: The Police Department will open and review all documents and statements in the Franchise Application, Part 2 envelope. If the submitted Franchise Application does not satisfy all the requirements as #3..
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8 detailed in Section 4, the entire Application packet will be rejected and returned to the applicant and receive no further consideration.

Applicants satisfying all requirements in both Phase 1 and Phase 2 shall be presented to the Modesto City Council for referral to the City Manager for his recommendation and report.

2.2 REQUIRED DOCUMENTS:

Applicants shall submit one (1) “inked” (preferably blue inked) signed original application packet, plus four (4) copies of a signed original application packet and one (1) electronic copy submitted via USB. Original application packets are to be clearly marked, “Original”. Photocopies do not constitute an original application packet.

A complete application packet shall consist of the Business/Insurance requirements envelope, Part 1, and the Franchise Application envelope, Part 2. Both application parts shall be placed in an envelope.

FAILURE TO FURNISH ONE (1) “INKED” SIGNED ORIGINAL APPLICATION PACKET WILL RESULT IN DISQUALIFICATION.

It is the responsibility of the Applicant to identify information in their application 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 application packet shall be borne by the Applicant.

2.3 REJECTION OF IRREGULAR APPLICATIONS:

Application packets shall be rejected if they show alterations of form, additions not called for, conditional applications, incomplete application packets, erasures or irregularities of any kind.

All required documents as stated in this Request for Application must be submitted at the time of application.

Failure to submit all required documents will result in the rejection of your application packet and your application packet will be eliminated from the application/award process.

Any of the following may be considered cause to disqualify an applicant without further consideration:

A. Any attempt to improperly influence any staff person reviewing the applications; B. Any applicant having a governmental agency-generated towing services agreement cancelled or terminated within the past 5 years.

2.4 NON-DISCRIMINATION:
a. During the performance of this non- exclusive franchise, Franchisee 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. Franchisee shall ensure that the evaluation and treatment of their employees and #3..
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9 applicants for employment are free of such discrimination. Contractor/Franchisee 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 hereunder (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 Request for Application and non-exclusive non- consensual towing services franchise agreement by reference and made a part thereof as if set forth in full. b. Franchisee shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. c. Franchisee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the franchise.
d. Franchisee shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

NON-DISCRIMINATION OF THE HANDICAPPED:

Policy Statement
In compliance with Section 51.55, Office of Revenue Sharing, Department of the Treasury, it is the policy of the City of Modesto that it will not aid or perpetuate discrimination against a qualified handicapped individual by funding an agency, organization, or person that discriminates on the basis of handicap in providing an aid, benefit, or service to beneficiaries of the program or activity.

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing a non-exclusive non-consensual towing services franchise agreement, the applicant 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.

2.5 DRUG FREE WORKPLACE:

Applicant 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.

2.6 CONSEQUENCE OF SUBMISSION OF APPLICATION
The City shall not be obligated to respond to any application packet submitted nor be legally bound in any manner by the submission of an application packet.
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10 Acceptance by the City of an application packet obligates the applicant to enter into a non-exclusive nonconsensual towing services franchise agreement with the City.

Statistical information contained in these documents is for informational purpose only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

2.7 AWARD
The CITY intends to award a non-exclusive non-consensual towing services franchise to all applicants who meet all CITY requirements outlined below.

A. Business, and Insurance requirements as defined in Section 3 of this Request for Application as determined by the City of Modesto Finance and Risk Management Departments.

B. Complete Franchise application with all required documentation and application deposit as determined by the Modesto Police Department.

C. Verification of applicant’s statements and documentation, including but not limited to, public restrooms in compliance with all applicable federal, state and local laws and ordinances, public phone, storage and fleet as determined by the Modesto Police Department.

D. In the event a material change is made to the agreement, applicant will be given written notice of the material change, and the ability to withdraw from the application process, without penalty, within ten (10) calendar days of the noticed material change.
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11 SECTION 3

3.1 BUSINESS / INSURANCE REQUIREMENTS
All information, documentation, deposits and attachments required in this section must be provided by the applicant and submitted as part of the Business/Insurance requirements, Part 1 envelope. Failure to include all Business/Insurance information, documentation, deposits and attachments will be cause for rejection of your application packet and your application packet will be eliminated from the application/award process.

3.1.1 Business Experience Requirement
Applicants shall have a minimum of three (3) verifiable years for hire towing experience, as an owner or principal in the State of California immediately preceding the date of application packet submission. Applicant shall provide and submit as part of the Financial/Business/Insurance requirements part 1 envelope, a copy of the business license/s that was/were filed during the three (3) years with the jurisdiction in which they were/are licensed to operate if they were/are a partnership or sole proprietorship form of ownership, or for a corporate entity, a copy of the applicant’s annual filing with the secretary of state that shows the listing of officers must be provided in addition to a copy of the business license/s that was/were filed during the two (3) years with the jurisdiction in which they were/are licensed to operate.

3.1.2 Insurance Requirements
Applicant 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 CITY as may be required by the City Clerk of 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 sent by registered mail to the Risk Manager of CITY, via PINS Advantage Insurance Program for all of the following stated insurance policies.

A. 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.

B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage, and minimum aggregate policy limit of $2,000,000. This insurance shall indicate on the certificate of insurance the following coverage’s and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations; and/or professional liability.

C. Commercial Business Automobile Liability - Bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000) shall be maintained. This insurance shall cover any automobile for bodily injury and property damage.

D. Uninsured Motorist - Legal minimum combined single limit.

E. On-Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.

Class A tow truck - One Hundred Thousand Dollars ($100,000) Class B tow truck - One Hundred Fifty Thousand Dollars ($150,000) #3..
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12 Class C tow truck - Two Hundred Thousand Dollars ($200,000) F. Garage Liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000).

G. Garage Keepers Liability - Shall be the same minimum as on-hook coverage for vehicles in the care, custody and control of the FRANCHISEE in the storage yard. i. 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 FRANCHISEE shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the FRANCHISEE to furnish, deliver or maintain such insurance and certificates as above provided, this FRANCHISE, at the election of the CITY, may be forthwith declared suspended or terminated. Failure of the FRANCHISEE to obtain and/or maintain any required insurance shall not relieve the FRANCHISEE from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the FRANCHISEE concerning indemnification. The CITY, its agents, officials, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
ii. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by FRANCHISEE for the CITY.
iii. The FRANCHISEE’S insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.
iv. For any claims related to the work performed pursuant to this Agreement the FRANCHISEE’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be in excess of the FRANCHISEE’S insurance and shall not contribute with it.
v. FRANCHISEE shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.
vi. Proof of insurance shall be in the form of a certificate of insurance and separate endorsements naming the CITY as an additional insured for all insurances except Workers’ Compensation. Policy expiration or cancellation will immediately nullify this Agreement. FRANCHISEE’S insurance policy shall provide for a thirty (30) day advance notice to CITY in the event the insurance policy will expire or be cancelled. FRANCHISEE shall also immediately notify the Tow Administrator in the event the insurance policy has expired or is cancelled. Failure to maintain insurance or to notify the CITY and Franchise Tow Administrator of insurance lapses shall constitute a material breach of this Agreement and CITY shall have the right to immediately suspend and/or terminate this Agreement as determined by the Chief of Police or his designee.
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13 vii. The ultimate responsibility for any damage to any vehicle or property or the loss of any vehicle or any property contained in the vehicle while the vehicle and/or property is in the FRANCHISEE’S care and/or custody rests with the FRANCHISEE. The FRANCHISEE shall reimburse the vehicle or property owner for any loss or damage which has been identified in a Modesto Police Department Motor Vehicle Report or other official document and is not covered by FRANCHISEE’S insurance. viii. Any deductibles or self-insured retention must be declared to and approved by the City of Modesto Risk Manager.

3.2 SAMPLE AGREEMENT
In the event a material change is made to the agreement, applicant will be given written notice of the material change, and the ability to withdraw from the application process, without penalty, within ten (10) calendar days of the noticed material change.
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14 Section 4

NON-EXCLUSIVE, NON-CONSENSUAL FRANCHISE TOW SERVICES VERIFIED

APPLICATION
All information, documentation and attachments in this section must be provided by the applicant and submitted in the Franchise Application, Part 2 envelope. Statements must be complete and accurate in the form requested and included in the envelope identified as Franchise Application, Part 2. Omission, inaccuracy, or misstatement will be cause for rejection and the application will not be considered any further in the application/award process.

A. APPLICANT (Business Name): (as it is to appear on the contract if awarded) ________________________________________________________________________ B. BUSINESS LOCATION/ADDRESS: (Location where applicant will conduct business) MAILING ADDRESS (if different from above)
________________________________________________________________________ C. BUSINESS PHONE NUMBER: __________________Fax: _________________ Email: (if none, write ‘none’): _______________________________________________ D. BUSINESS OWNERSHIP/PRINCIPALS:

Name: _______________________________Phone: _____________________________ Address: ________________________________________________________________ Name: _______________________________Phone: _____________________________ Address: ________________________________________________________________ Name: _______________________________Phone: _____________________________ Address: ________________________________________________________________ #3..
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15 E. ALL APPLICANTS MUST HAVE THE FOLLOWING PERMITS AND LICENSING:
(1) Motor Carrier Permit: You must attach a copy of your company’s current/valid Department of Motor Vehicles Motor Carrier Permit to this application. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process. (2) Pull Notice Program Enrollment: You must attach a copy of your current/valid Pull Notice Contract with the Department of Motor Vehicles. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process. (3) City of Modesto Business License: You must attach a copy of your company’s current/valid City of Modesto Business License to this application. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process. (4) Other Business Licenses: If your primary business or any storage facility for your business is located outside the City of Modesto, you must attach a copy of the current/valid business license for that jurisdiction to this application. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process.

F. FLEET:

At a minimum, applicant must own or lease and possess at the time of application, and at all times thereafter, two (2) fully operational Tow Trucks with a Gross Vehicle Weight Rating (GVWR) of at least 14,000 pounds, a minimum of one (1) truck shall be capable of towing all vehicles with a (GVWR) up to and including 10,000 pounds. All trucks must be currently registered with the California Department of Motor Vehicles. Failure to meet these requirements will result in the rejection of your application and your application will be eliminated from the application/award process.

1. How many tow trucks do you own or lease: ______________________________

2. You must attach and submit with this application a copy of all current valid vehicle registrations and a photograph of all tow-trucks that will be used for the purposes of towing under the Non-Exclusive NonConsensual Tow Service Franchise Agreement. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process.

3. Modesto Police Department will physically verify possession, registration and operational status of all tow trucks listed in your application. Failure to possess a minimum of two (2) currently registered, fully operational tow trucks with a GVWR of at least 14,000 pounds, including one (1) truck capable of towing all vehicles with a GVWR up to and including 10,000 pounds will result in the rejection of your application and your application will be eliminated from the application /award process.

G. FACILITIES
The Applicant must maintain an office facility with a primary storage yard and interior storage facility within two (2) miles of the city limits of Modesto. Secondary storage locations may be used; secondary storage lots must be within two (2) miles of the City limits of Modesto. Failure to meet these requirements at time of application will result in the rejection of your application and your application will be eliminated from the application/award process.
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16 Outdoor storage lots shall be fenced with a solid wall or chain link fence at least six (6) feet in height for maximum security and lighted during hours of darkness. Fencing shall be in accordance with all applicable building and zoning codes. The lot must have an improved surface (e.g., gravel, concrete, paved). The storage facility shall have interior storage used exclusively for the storage of impounded/stored vehicles.

Failure to meet these requirements at time of application will result in the rejection or your application and your application will be eliminated from the application/award process.

Applicant’s facilities must be neat and clean in appearance. You must attach and submit two (2) photographs of the interior lobby/public access area of your facility and two (2) photographs of your storage area to this application. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process.

Applicants’ facility must have a working public restroom in compliance with all applicable federal, state and local laws and regulations and a working telephone accessible to customers. You must attach two (2) photographs of the public restroom and telephone to this application. Failure to do so will result in the rejection of your application and your application will be eliminated from the application/award process. (1) What is the approximate total square footage of your exterior vehicle storage area (including secondary storage facility if applicable): _____________ _____________square feet. (a) Do you have more than one vehicle storage facility? ___________ (b) If yes, what is the address/location of your secondary storage facility:
________________________________________________________________ (2) Do you have an accessible public restroom in compliance with all federal, state and local laws and regulations, and a telephone accessible to the public? _______________ Modesto Police Department will physically inspect the applicant’s facilities for compliance with the requirements for storage, restrooms and a working telephone. Failure to meet any of the requirements as defined in this application will result in the rejection of your application and your application will be eliminated from the application /award process.

H. FRANCHISE APPLICATION DEPOSIT-(MMC11-20.3)
This application for a franchise shall be accompanied by a cash deposit of five hundred dollars ($500.00) or by a certified check for said amount, payable to the City, as a fund out of which to pay all expenses connected with the application.

The deposit of the applicant shall be retained until the acceptance of the franchise and the filing of any bond or other security required, or until the Council determines not to grant the franchise. Whereupon the remainder, if any, of the amount deposited shall be returned after the payment there from of all expenses incurred by the City in connection with the advertising, engineering, clerical work and awarding of such franchise.

In the event that the amount of the deposit is insufficient to pay the expenses incurred by the City in connection with the advertising, engineering, clerical work and processing of such franchise, the applicant shall be held liable for such costs as are in excess of the amount deposited. #3..
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17 I. APPLICANT BACKGROUND
Applicant understands and agrees that a background investigation shall be conducted on all applicants. A release and waiver is included with this application and shall be signed by the applicant and returned as part of this application. Failure to sign and return the Release and Waiver will result in the rejection of your application packet and your application packet will be eliminated from the application/award process.

In addition, any of the following will result in the rejection of your application packet and your application packet will be eliminated from the application/award process.

Any applicant under the age of eighteen (18) years;
Any applicant who is currently required to register pursuant to Section 290 of the California Penal Code; Any applicant who has been convicted of a crime involving any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud, stolen or embezzled property, crimes of violence, possession and/or sales of drugs or crimes of moral turpitude, unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whatever is later;
Any applicant who has been convicted of driving a vehicle recklessly within the two (2) years immediately preceding application;
Any applicant who has been convicted of driving a vehicle while under the influence of intoxicating liquors or drugs within the five (5) years immediately preceding application.

Any applicant not possessing a valid driver’s license, issued by the State of California; Do you have a valid drivers license issued by the California Department of Motor Vehicles?__________.

California Driver’s License #_________________________________________ J. APPLICANT’S REPRESENTATION
Applicant understands, agrees, and warrants the following:
(1) Applicant has carefully read and fully understands the information that was provided by the City to serve as a basis for submission of this application to provide City-generated non-exclusive non-consensual franchise towing services on behalf of the City of Modesto.
(2) All statements, answers, and representations made in this questionnaire and in the Application are true and accurate, including all supplementary statements attached hereto. (3) Applicant did not receive unauthorized information from the City during the application period except as provided for in the Request for Application document package and addenda thereto. (4) By submission of this Application, Applicant acknowledges that City has the right to make any inquiry it deems appropriate to substantiate the information supplied by Applicant, and Applicant hereby grants the City permission to make such inquiries and further agrees to provide any and all documentation requested in furtherance of such inquiry in a timely manner.
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18 (5) Applicant understands and acknowledges any required information not attached to the application packet, including omissions of information will result in the rejection of the application packet and the application packet will be eliminated from the application/award process. (6) Applicant acknowledges receipt of the non-exclusive non-consensual towing services franchise agreement included with this application and agrees to the terms of the contract in the event that a non-exclusive nonconsensual towing services franchise is awarded to the applicant. In the event a material change is made to the agreement, applicant will be given written notice of the material change, and the ability to withdraw from the application process, without penalty, within ten (10) calendar days of the noticed material change. (7) Application must be signed by owner or officer having authority to negotiate on behalf of the Applicant.

Questions regarding the application requirements should be directed via email to Dianne Love, Senior Buyer at [email protected].

K. PURPOSE
The purpose of a non-exclusive non-consensual towing services franchise agreement is to provide for City generated non-exclusive non-consensual towing services on behalf of the Modesto Police Department. Nonconsensual towing services include, but are not limited to:
1) Vehicles impounded by The City of Modesto for investigation, as evidence in a criminal case, asset forfeiture or vehicle forfeiture;
2) Vehicles involved in collisions, stalled vehicles, illegally parked vehicles, vehicles whose driver is incapacitated or physically unable to drive or has been arrested or detained; 3) Vehicles towed under any authority section of the California Vehicle Code or Modesto Municipal Code including 30 day impounds, abandoned vehicles, inoperative vehicles or abated vehicles from any street, alley, highway, or any other private or public property in the City of Modesto; 4) Any other tow of a vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the City of Modesto who is properly authorized to order such removal.

L. TERM
The initial term of the non-exclusive non-consensual towing services franchise agreement shall be three (3) years. The City reserves the right to extend the non-exclusive non-consensual towing services franchise agreement for two (2) additional, one-year extensions at the sole discretion of the City. Either party may terminate the franchise agreement by giving the other party thirty (30) days written notice.

M. FRANCHISE FEE
In the event the applicant is awarded a non-exclusive franchise, commencing with the start date and for the first year of the non-exclusive non-consensual towing services franchise agreement, the FRANCHISEE shall pay to the CITY a fee in the sum of $75.00for each and every non-consensual tow. Commencing on the third year (i.e. the 731st day from the start date) the franchise fee will increase to $80.00 for each and every non-consensual tow.
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19 FIRM ADDRESS
_________________________ _______________________________

PRINT NAME SIGNATURE
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20 CITY OF MODESTO NON-EXCLUSIVE NON-CONSENSUAL

TOW FRANCHISE APPLICANT

AUTHORIZATION TO RELEASE INFORMATION/HOLD HARMLESS
TO WHOM IT MAY CONCERN:

I_________________________, the owner and operator of ______________________, am an applicant for a Non-Exclusive Non-Consensual Tow Franchise with the City of Modesto. As part of the Non-Exclusive NonConsensual Tow Franchise application process the Modesto Police Department is required to conduct a background investigation. I fully understand that personnel of the Modesto Police Department will conduct a reasonable investigation into my personal, driving, arrest and criminal investigation records.

I hereby direct you, your organization, its Custodian of Records, and/or persons in your employ to release any and all information which you may have concerning me, including information which may be of a confidential, privilege, and/or derogatory nature, including, but not limited to: driving, arrest, or criminal investigation records, administrative and/or local criminal history information (pursuant to Penal Code Section 13300[b][10]), and/or any other information that you possess.

I hereby exonerate, release and discharge you, your organization, the City of Modesto, the Modesto Police Department, its officers, agents, and assigns, from any and all liability, claims or damages, of every nature or kind, whether in law or in equity, now or in the future arising out of or for the furnishing of any information or documents, and/or records whatsoever requested by the bearer of this authorization form. This release shall be binding on my legal representatives, heirs and assigns.

I hereby waive my right, now and in the future, to examine, review, or otherwise discover the contents of this investigation and all documents and responses related thereto. I further exonerate, release, and discharge the City of Modesto, the Modesto Police Department and their officers, agents, or assigns for their refusal to make available any and all information and/or documentation contained in this background investigation, including but not limited to, the identity of any person or organization who may have supplied information in the course of this investigation, as well as the substance of such information supplied, even where such information has been the basis for my disqualification for a tow driver permit.

I have specifically and permanently waived any rights I may have to review and inspect any and all information developed in this investigation so your response will be completely confidential. You may retain this form for your files.

I further hereby knowingly, voluntarily, specifically and permanently waive all my legal rights and causes of action to the extent that this background investigation violates or infringes upon my legal rights and causes of action. I agree to hold harmless and release from any and all liability under any and all possible causes of legal action against the City of Modesto, the Modesto Police Department, and their officers, agents, employees and assigns for any statement, question, interview, act, or omission in the course of the investigation into my background, personal habits and reputation.

CERTIFICATION:

I CERTIFY THAT I HAVE HAD ADEQUATE TIME TO REVIEW THIS FORM, I UNDERSTAND IT’S MEANING AND PURPOSE AND HAVE BEEN FURNISHED A COPY OF IT. I MAY REVOKE

THIS AUTHORIZATION AT ANY TIME BY DELIVERING, IN WRITING, SUCH REVOCATION TO YOU/YOUR ORGANIZATION.
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21 NOTARIZATION OF APPLICANTS SIGNATURE REQUIRED.

A photocopy of this release is to be considered as valid as an original. This release is valid for 180 days from the date of signature.

Dated this day of , 20
In the County of
Within the State of California.

Applicant Signature Notary Public Signature
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22 EXHIBIT A

NON-EXCLUSIVE NON-CONSENSUAL TOWING SERVICE FRANCHISE AGREEMENT

1. SCOPE OF WORK
FRANCHISEE shall furnish all labor, materials, and equipment necessary to provide non-exclusive nonconsensual towing services as specified in the Notice for Application, Request for Application #2122-43 Non-Exclusive Non-Consensual Franchise Towing Services Verified Application, and all documents requested in response thereto, all of which are incorporated herein by this reference, and this Agreement (which collectively shall constitute the Non-Exclusive Non-Consensual Towing Service Franchise Agreement and which is referred to herein as “this Agreement”). All non-consensual towing services shall be furnished and performed in strict compliance with the terms and conditions of this Agreement. NonConsensual towing services include, but are not limited to; A. Towing of all vehicles impounded by the City of Modesto (CITY) for investigation, as evidence in a criminal case, asset forfeiture, and vehicles towed pursuant to the California Vehicle Code (“CVC”) including, but not limited to, CVC Section 14607.6.

B. Towing of vehicles involved in collisions, and/or stalled vehicles obstructing traffic, and/or vehicles illegally parked, and/or vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or vehicles whose driver has been arrested and/or detained and cannot drive the vehicle, and/or vehicles under the 30-day impound authority including, but not limited to, CVC Section 14602.6, and/or vehicles with five (5) or more outstanding parking citations; C. Towing of all vehicles necessitating special procedures to ascertain vehicle identification numbers, VIN tows, in compliance with the requirements of the CVC;
D. Towing of any abandoned vehicle, inoperative vehicle, or abated vehicle, from any street, alley, highway, or any other private or public property in the CITY pursuant to the Modesto Municipal Code (“MMC”) and CVC including, but not limited to, MMC Section 3-2.1006 and CVC Section 22669 respectively;
E. Towing any other vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the CITY who is properly authorized to order such tow. This shall include, but is not limited to, any vehicle that is submerged, either wholly or in part. This shall also include, but is not limited to, the removal and storage of any abandoned vessel from city streets/property, whether or not said vessel is attached to a trailer;
F. Towing trailers, boats, motor homes, etc.

2. TERM OF AGREEMENT
The initial term of this Agreement shall be for three (3) years, commencing September 18, 2022. The CITY reserves the right to extend this Agreement for two (2) additional, one-year terms, at the sole discretion of CITY. This Agreement is an “at will” agreement; either party may terminate this Agreement by giving the other party thirty (30) days written notice. #3..
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23 3. PAYMENT/FRANCHISE FEES PAYABLE TO CITY
A. FRANCHISEE agrees to pay to CITY a franchise fee in accordance with the terms of this Agreement.

B. Commencing with the start date and for the first two (2) years this Agreement, the FRANCHISEE shall pay CITY a franchise fee of $75.00 for each and every non-consensual tow, as defined in this Agreement, performed by FRANCHISEE on behalf of or at the request of CITY. The $75.00 franchise fee will not apply to abandoned and stolen vehicles towed by the Modesto Police Department C. Commencing with the third year of this Agreement (i.e. the 731st day from the start date) the FRANCHISEE shall pay CITY a franchise fee of $80.00 for each and every non-consensual tow, as defined in this Agreement, performed by FRANCHISEE on behalf of or at the request of CITY.

D. All franchise fees owed to CITY for each and every non-consensual tow performed by the FRANCHISEE shall be due and payable on a monthly basis as set forth in the invoice detailing the franchise fees owed. CITY shall receive payment as illustrated in Paragraph 3(E). Payment shall be made in the form of a preprinted company bank check, cashier’s check payable to the City of Modesto, or electronic payment.

E. CITY/Tow Franchise Administrator (TFA) shall mail an itemized bill/invoice of the franchise fees owed by FRANCHISEE to CITY on or before the 10th of each month, for the preceding month’s nonconsensual tows. Payment on the invoice is due to the CITY by the 1st day of the following month. (E.g. FRANCHISE fees for the month of January will be invoiced and mailed by February 10th.

Payment of the total amount invoiced shall be post marked or received by CITY no later than March 1st, everyday thereafter the invoice is delinquent.)
F. Payments shall not be made contingent on any payments due or payable to the FRANCHISEE by either CITY or the registered owner.

G. If any itemized bill/invoice is more than five (5) calendar days delinquent, the Chief of Police or his designee shall have the authority to immediately suspend the FRANCHISEE until payment of any and all billed/invoiced amounts are paid in full to CITY. Furthermore, if any itemized bill/invoice is more than sixty (60) calendar days delinquent, the Chief of Police or his designee shall have the authority to immediately terminate this Agreement.

4. INSURANCE

FRANCHISEE 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 CITY as may be required by the City Clerk of 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 sent by registered mail to the Risk Manager of CITY, via PINS Advantage Insurance Program for all of the following stated insurance policies.

A. 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.

B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage, and minimum aggregate policy limit of $2,000,000. This insurance shall indicate on the certificate of insurance the following coverage’s and indicate the policy aggregate limit #3..
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24 applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations; and/or professional liability.

C. Commercial Business Automobile Liability - Bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000) shall be maintained. This insurance shall cover any automobile for bodily injury and property damage.

D. Uninsured Motorist - Legal minimum combined single limit.

E. On-Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.

Class A tow truck - One Hundred Thousand Dollars ($100,000) Class B tow truck - One Hundred Fifty Thousand Dollars ($150,000) Class C tow truck - Two Hundred Thousand Dollars ($200,000) F. Garage Liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000).

G. Garage Keepers Liability - Shall be the same minimum as on-hook coverage for vehicles in the care, custody and control of the FRANCHISEE in the storage yard. i. 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 FRANCHISEE shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the FRANCHISEE to furnish, deliver or maintain such insurance and certificates as above provided, this FRANCHISE, at the election of the CITY, may be forthwith declared suspended or terminated. Failure of the FRANCHISEE to obtain and/or maintain any required insurance shall not relieve the FRANCHISEE from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the FRANCHISEE concerning indemnification. The CITY, its agents, officials, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
ii. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by FRANCHISEE for the CITY.
iii. The FRANCHISEE’S insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.
iv. For any claims related to the work performed pursuant to this Agreement the FRANCHISEE’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be in excess of the FRANCHISEE’S insurance and shall not contribute with it.
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25 v. FRANCHISEE shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.
vi. Proof of insurance shall be in the form of a certificate of insurance and separate endorsements naming the CITY as an additional insured for all insurances except Workers’ Compensation.

Policy expiration or cancellation will immediately nullify this Agreement. FRANCHISEE’S insurance policy shall provide for a thirty (30) day advance notice to CITY in the event the insurance policy will expire or be cancelled. FRANCHISEE shall also immediately notify the Tow Administrator in the event the insurance policy has expired or is cancelled. Failure to maintain insurance or to notify the CITY and Franchise Tow Administrator of insurance lapses shall constitute a material breach of this Agreement and CITY shall have the right to immediately suspend and/or terminate this Agreement as determined by the Chief of Police or his designee.
vii. The ultimate responsibility for any damage to any vehicle or property or the loss of any vehicle or any property contained in the vehicle while the vehicle and/or property is in the FRANCHISEE’S care and/or custody rests with the FRANCHISEE. The FRANCHISEE shall reimburse the vehicle or property owner for any loss or damage which has been identified in a Modesto Police Department Motor Vehicle Report or other official document and is not covered by FRANCHISEE’S insurance.
viii. Any deductibles or self-insured retention must be declared to and approved by the City of Modesto Risk Manager.

5. HOLD HARMLESS AGREEMENT
FRANCHISEE shall hold CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to, injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of FRANCHISEE, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

6. PROHIBITION OF GIFTS
A. FRANCHISEE shall be subject to CITY’s prohibition against acceptance of any gift by a CITY officer or employee.

B. FRANCHISEE agrees not to offer any CITY officer or employee any gift. In addition to any other remedy(ies) CITY may have at law or equity, CITY may immediately terminate this Agreement for a violation of this Paragraph notwithstanding any provision of this Agreement to the contrary.

7. DRIVERS/EMPLOYEES
A. FRANCHISEE shall, at a minimum, maintain the following information for each employee/driver providing services to CITY pursuant to this Agreement.
i. Full name
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26 ii. Date of birth.

iii. Valid California Driver’s License number and photocopy of said driver’s license. iv. Copy of Social Security Card
v. Job title-description.
vi. Current home address
vii. Current phone number.
viii. Copy of employment application.
ix. Medical certificate (if applicable)
B. It is the responsibility of FRANCHISEE to maintain a sufficient number of employees and/or properly licensed and permitted drivers to meet all the terms and conditions set forth in this Agreement. Any violation of CVC Section 12500 or 14601 through 14601.5, by a FRANCHISEE or FRANCHISEE’S employee/driver which is committed while in the process of providing towing service for the CITY under the terms of this Agreement, may be grounds for immediate suspension of this Agreement, notwithstanding any provisions of this Agreement to the contrary.

C. At the start of this Agreement, FRANCHISEE shall provide to the Tow Franchise Administrator a current list of its employees who will be providing services under the terms of this Agreement. Any drivers hired thereafter that will provide services to CITY pursuant to the terms of this Agreement and/or any change in the employment status of any driver including, but not limited to, suspension or dismissal from employment, shall be reported to the Franchise Tow Administrator within twenty-four (24) hours.

D. FRANCHISEE and all tow truck drivers providing services to CITY pursuant to the terms of this Agreement shall be enrolled in the Pull Notice Program with the Department of Motor Vehicles.

FRANCHISEE shall enroll all newly hired tow truck drivers in the Pull Notice Program within fifteen (15) calendar days of hire.

E. All drivers providing services for the CITY under this Agreement shall be covered under the Workers Compensation Insurance Policy required under section 3(A) of this agreement.

8. TOW DRIVERS PERMIT / IDENTIFICATION BADGES
A. FRANCHISEE tow driver(s) who provide services under this Agreement shall apply for and obtain a Tow Driver Permit / Identification Badge annually from the Modesto Police Department. A Tow Driver Permit fee will be charged for each permit applied for and shall be paid by the FRANCHISEE at the time of permit application. The fee, which may be amended from time to time, will be established by resolution of the Modesto City Council.

B. FRANCHISEE’S tow driver(s) shall wear a valid Modesto Police Department issued Tow Driver Identification Badge in plain view, at all times when responding to a CITY generated tow. If a tow #3..
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27 truck driver responds to a scene without his authorized name badge, the tow truck driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to obtain a Tow Driver Permit / Identification Badge shall, at a minimum, be deemed a failure to provide adequate service. The purpose of these badges will be to identify those employees of the FRANCHISEE who have been fingerprinted by the City and have passed the record check by the Department of Justice.

C. A Tow Driver Permit application can be obtained from the Tow Franchise Administrator at the Modesto Police Department, 600 10th St., Modesto Ca. 95354. The Tow Driver Permit will be valid for one year from the date of issuance. It is the responsibility of the FRANCHISEE to ensure that all drivers maintain a valid Tow Driver Permit.

D. If a Tow Driver’s Permit / Identification Badge is lost or stolen, the tow driver must contact the Tow Franchise Administrator for a replacement. The cost of the replacement will be $10.00 per card.

E. A Tow Driver Permit shall NOT be issued to any of the following persons:
i. Any person under the age of eighteen (18) years.
ii. Any person who is currently required to register pursuant to Section 290 of the California Penal Code;
iii. Any person who has been convicted of a crime involving any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, possession and/or sales of drugs or crimes of moral turpitude, unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;
iv. Any person not possessing a valid class specific driver’s license issued by the State of California
v. Any person on current probation or parole.

F. The requirement to currently possess a Tow Driver Permit shall be waived for a period of sixty (60) calendar days following the start date of this Agreement, to provide the CITY sufficient time to process all Tow Driver Permit applications. FRANCHISEE shall ensure that all tow drivers who are to provide services under this agreement, and who do not possess a Tow Driver Permit at the start of this agreement apply for a Tow Driver Permit within ten (10) calendar days following the start date of this Agreement Failure to do so shall, at a minimum, be deemed a failure to provide adequate service.

G. All identification badges are the property of the City and will be returned by the FRANCHISEE to the City within forty-eight (48) hours of an employee’s separation. FRANCHISEE will provide a current list of all drivers. Anytime there are any changes to this list, the City is to be notified by the next business day and provided with an updated and current list of drivers.

H. Any employee of the FRANCHISEE that has left employment with said FRANCHISEE and returned and been rehired must complete an additional background check before performing services pursuant to this Agreement.
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28 I. Nothing herein shall prohibit the Chief of Police, or his designee from denying the issuance of, or imposing an immediate suspension and/or termination of, any Tow Driver Permit when the applicant’s/permit holder’s conduct, in the opinion of the Chief of Police, or his designee, is considered
to be a danger to the motoring public or who has engaged in conduct constituting a violation of this Agreement.

9. DEMEANOR AND CONDUCT
While providing towing services pursuant to this Agreement, the FRANCHISEE, its employee(s) and/or agents shall refrain from any of the following acts of misconduct:

A. Rude or discourteous treatment of the public or CITY employees.

B. Lack of service or refusal to provide service to the public or CITY employees.

C. Any act of sexual harassment or sexual impropriety.

D. Unsafe driving practices.

E. Exhibiting any objective symptoms of alcohol and/or drug intoxication. FRANCHISEE/tow truck driver shall submit to a Preliminary Alcohol Screening Test upon demand of a peace officer.

F. Appearing at the scene of a CITY-generated tow with the odor of an alcoholic beverage emitting from his/her breath or person. FRANCHISEE /tow truck driver shall submit to a Preliminary Alcohol Screening Test upon demand of a peace officer.

G. Appearing at the scene of a CITY-generated tow without being attired in the FRANCHISEE’S established uniform and Identification Badge. A description of which shall be provided to the Tow Franchise administrator in writing prior to the commencement of this Agreement. At a minimum, the name of the tow business and the name of the employee shall be displayed on the uniform shirt.

H. However, nothing herein shall prohibit the Chief of Police, or his designee, from imposing an immediate suspension and/or termination on any FRANCHISEE and/or employee(s) whose conduct, in the opinion of the Chief of Police, or his designee, is considered to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement.

I. All complaints received by the Modesto Police Department against the FRANCHISEE or its agent(s) or employee(s) will be accepted and investigated in a fair and impartial manner. At a minimum, any substantiated complaint will be deemed a failure to provide adequate service. Furthermore, as a result of the investigation, the Chief of Police or his designee may initiate such disciplinary action as he or she deems appropriate.

J. FRANCHISEE must notify CITY of all contracts with other cities or governmental agencies to provide tow services within California. Any FRANCHISEE that is under contract with any other city or agency and who is either suspended or terminated by that city or agency shall notify in writing the CITY/ Tow Franchise Administrator within twenty-four (24) hours of such suspension or termination, Failure to do so shall, at a minimum, be deemed a failure to provide adequate service. #3..
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29 10. FACILITIES
A. FRANCHISEE shall maintain an office facility with a primary storage yard and interior storage within two (2) miles of the Modesto City limit.

B. Hours of Operation:
i. The business office shall be open to the public, staffed and available for vehicle releases, storage, inquiries, telephone calls and all other business purposes during business hours. Business hours are defined as Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except the following observed holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day (observed), Independence Day, Labor Day, Veterans’ Day (observed), Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day. ii. In order to ensure that the vehicle owner or his/her agent may claim vehicles towed on behalf of the CITY at any time, on any day and to promptly release CITY towed vehicles, the FRANCHISEE must have an employee available after business hours, who can arrive at the primary office facility within thirty (30) minutes of a request by the CITY or a citizen. Vehicle owners or their agents who request entry to the storage facilities after business hours may be assessed an after-hour gate fee. CITY shall not be assessed an after-hour gate fee.

11. BUSINESS OFFICE
A. FRANCHISEE shall have an accessible public restroom that complies with all federal, state and local laws and regulations and FRANCHISEE shall have a telephone available for customers to use.

B. FRANCHISEE shall display the FRANCHISEE’S business name, address and telephone number at the primary business and secondary storage lot/facility location with a sign clearly visible day and night from the street.

C. Shall be neat and clean in appearance.

D. The following documents, printed in a minimum of 12-point type (unless otherwise stated or required by the California Vehicle Code) shall be posted by FRANCHISEE in the Primary business office in a conspicuous location clearly visible to the public
i. Name and address of FRANCHISEE’S insurance broker carrying the insurance required pursuant to this Agreement;
ii. A notice explaining the procedure by which unclaimed vehicles are sold at public auction stating that all in attendance at such auction shall have an equal opportunity to bid. Notice shall include the locations of such auctions and publications in which such auctions are advertised. iii. “Vehicle Impound Rights and Obligations” informing the public of their rights pursuant to CVC Section 22852.
iv. A notice advising that complaints against FRANCHISEE related to CITY generated nonconsensual tows can be made by contacting the Modesto Police Department, Tow Franchise Administrator, 600 10th St., Modesto Ca. 95354, (209) 572-9500. This notice shall be displayed in a conspicuous place clearly visible to the public in lettering not less than 1” in size. #3..
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30 iv. Maximum Fee/Rate Schedule for CITY generated non-consensual tows. This notice shall be displayed in a conspicuous place clearly visible to the public in lettering not less than 1” in size.

E. The facility shall have a telephone, on site fax machine and the necessary computer equipment to properly run the tow management system software and to send and receive email.

F. If an operator’s place of business is staffed with only one employee, the business office may be closed for one hour at lunch.
i. A sign shall be posted which reflects a lunch closure and phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property and/or vehicle. ii. Response to the office shall be within thirty (30) minutes.

12. STORAGE LOT
A. FRANCHISEE’S lot(s) must have an improved surface (e.g., gravel, concrete, paved) and the storage lot(s) shall be free of litter, debris and weeds.

B. The storage lot(s)/facilities must be adequately lit during hours of darkness.

C. The storage lot(s) must comply with all applicable local, state and federal rules, regulations and laws.

D. Stored vehicles shall be parked with a minimum of two (2) feet of clearance on each side and one (1) foot of clearance in the front and one foot of clearance in the rear.

E. The storage lot(s)/facility(ies) shall have interior storage used exclusively for the storage of impounded/stored vehicles.

F. Secondary storage locations may be utilized, however, neither customers nor CITY shall be charged any additional fees for vehicles stored at a secondary facilities. Secondary storage lots/facilities must be within two (2) miles of the Modesto City limit. In addition, all vehicles must be released to the registered owner or their agent at the primary business location. Both primary and secondary storage lots shall be enclosed by a solid wall or chain link fence at least six (6) feet in height for maximum security. Said wall or fence shall comply with all local, state and federal rules, ordinances, codes and regulations.

G. All towed vehicles shall be stored on private property only. At no time shall a towed vehicle be deposited, placed, left standing or stored on a public roadway or right of way.

H. A request for outside or inside storage on a CITY generated non-consensual tow by a customer shall be honored. If no request is made, the vehicle shall be stored in the least costly manner to the customer.

I. It is the responsibility of the FRANCHISEE to determine and maintain a sufficient amount of storage to meet all the terms and conditions of this Agreement.

13. TRUCKS
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31 A. FRANCHISEE shall own or lease, and have in their possession a minimum of two (2) fully operational Tow Trucks, as defined in Section 615(a) of the California Vehicle Code, with a minimum GVWR of 14,000 pounds, a minimum of one (1) tow truck shall be capable of towing all vehicles with a (GVWR) up to and including 10,000 pounds. All tow trucks must be currently registered with the California Department of Motor Vehicles and must display a current Modesto Police Department inspection sticker.

B. Tow Truck Classifications and Equipment Specifications:
i. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment shall be used when appropriate. ii. Tow truck equipment and specifications listed are the minimum acceptable. Auxiliary equipment will be required in each class.
iii. Equipment Limitations: All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. iv. Towing Limitations:

The criteria to use in determining the safe towing limits for a tow truck are:
a. The total weight of the tow truck, including the lifted load, must fall within the manufacturer’s GVWR and not exceed either the Front or Rear Axle Weight Ratings (FAWR/RAWR).
b. The tow truck must meet all applicable local, state and federal standards, regulations and laws.
c. For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weight after the load is lifted.
v. Identification Label
Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model and rated capacity when applicable.
vi. Recovery Equipment Rating
The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). a. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706.
c. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies shall be the same type, construction, and rating as specified by the Original Equipment Manufacturer (OEM) for the equipment. vii. Safety Chains:

Safety chains shall be rated at no less than the rating specified by the OEM. #3..
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32 viii. Control/Safety Labels:

All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions.
ix. Wire Rope (Cable):

Wire rope shall be maintained in good condition. Only wire rope with swaged ends with metal sleeves in the loops shall be approved for use on CITY generated tows. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are two or more wires broken in lay length, or when there is other visible evidence of loss of strength.
x. Class A – Light Duty: For the purposes of this Agreement, a Class A tow truck is defined as a tow truck that has a manufacturer’s GVWR of at least 14,000 pounds. xi. Class B – Medium Duty: For the purposes of this Agreement, a Class B tow truck is defined as a tow truck with a GVWR of at least 26,001 pounds. The tow truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
xii. Class C- Heavy Duty: For the purposes of this Agreement, a Class C tow truck is defined as a tow truck with a GVWR of at least 48,000 pounds. The tow truck shall be equipped with air brake and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
xiii. Special Equipment: For the purpose of this Agreement, Special Equipment used by Class C Heavy Duty tow truck is defined as equipment needed to properly and safely tow or recover a wide variety of vehicles that necessitate equipment specifically designed for such a purpose.

C. All tow trucks and special equipment utilized by FRANCHISEE to provide CITY generated nonconsensual tow services shall pass a California Highway Patrol (CHP) Level One inspection annually. All special equipment shall be accounted for during the annual inspection. FRANCHISEE shall notify the Tow Administrator of the date and time of their scheduled CHP inspection as soon as practicable, and no later than two (2) weeks prior to the scheduled inspection date.

D. An inspection sticker will be issued by the Modesto Police Department Franchise Tow Administrator for each tow truck once the tow truck has passed CHP inspection. FRANCHISEE shall place the Modesto Police Department inspection sticker on the exterior windshield, upper left hand corner. Failure to display a valid inspection sticker shall, at a minimum, be deemed a failure to provide adequate service and may at the discretion of the officer or agent on scene result in the tow being cancelled. Storage lots/facilities will also receive a bi-annual inspection by the Modesto Police Department at no additional cost to the FRANCHISEE.

E All tow trucks shall maintain a broom, shovel, reflective triangles, fire extinguisher and a covered container with a minimum of 5 gallons of absorbent at all times.

F. FRANCHISEE hereby allows the Modesto Police Department to inspect any and all storage lots/facilities, used to store CITY generated tows, business office(s), and all equipment owned by FRANCHISEE at any time and for any reason, with or without notice. FRANCHISEE shall not utilize a tow truck on a CITY generated tow that has not been inspected and issued a valid inspection sticker by the Modesto Police Department.
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33 G. All tow trucks shall be clearly marked with the FRANCHISEE’S business name, address and telephone number on both sides of the vehicle FRANCHISEE shall not display any sign or engage in any advertisement indicating an official connection with the CITY or the Modesto Police Department; (e.g., “Official Modesto Police Tow,” “Approved by MPD,” etc.). This will not preclude the Chief of Police, or his designee, from implementing a system of marking and/or identifying particular tow trucks as having passed a Modesto Police Department inspection or as being certified as a FRANCHISEE for CITY generated tows.

H. Towed vehicles shall be loaded, secured and transported in compliance with this Agreement and all applicable local, state and federal rules, regulations and laws. Any violation of local, state or federal rules, regulations or laws, including, but not limited to a violation of the GVWR, safe loading requirements or a violation of the equipment requirements shall, at a minimum, be deemed a failure to provide adequate service.

I. It is the responsibility of the FRANCHISEE to provide a sufficient number of tow trucks to meet all the terms and conditions of this Agreement. The number of tow trucks listed in this Agreement is a minimum. It is the FRANCHISEES responsibility to determine the number and type of tow trucks required to fulfill all the requirements of this Agreement.

14. TOW MANAGEMENT SOFTWARE PROGRAM REQUIREMENTS
A. FRANCHISEE shall utilize the most recent, updated and upgraded tow management software program, to dispatch and track, via a web-based Internet connection. FRANCHISEE will be required to enter the towed vehicle information as instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all required data fields being entered into the tow management software program by the FRANCHISEE. The FRANCHISEE shall clearly identify and enter into tow management software program the name of the person to whom the vehicle was actually released. All City tow requests shall be made utilizing this program.

B. Failure at any time to have the tow management software program in full operation shall cause the immediate removal of the FRANCHISEE from the tow rotation and be grounds for immediate termination by the City. This does not include technical issues that occur from the tow management software and/or internet provider.

C. FRANCHISEE must enter into a separate agreement, or license for the tow management software program with the owner of the proprietary software. The City shall not provide the tow management software program, any licensing or sub-licensing thereof or any intermediary services for the procurement by the FRANCHISEE of the tow management software program. This Agreement shall not be executed by the City until the FRANCHISEE has demonstrated to the City’s satisfaction compliance with the requirements set forth herein. FRANCHISEE shall be liable for all fees, charges, prices, rates and service charges required from tow management software program.

D. The tow management software program shall be utilized in “real time” and all entries should reflect as such. Invoices shall be used from the tow management software program when releasing vehicles and be pursuant to section 22651.07 of the CVC. The only FRANCHISEE personnel authorized to utilize and access the tow management software program are those that have fully complied with the provisions set forth in Section 8, “Tow Driver’s Permit / Identification Badges” of this Agreement. If the FRANCHISEE is not in FULL compliance with the above stated requirement, the FRANCHISEE will be removed from the City towing rotation. Third party #3..
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34 dispatch call center personnel shall be exempt from the completion of the background process to utilize the tow management software program.

E. In the event that the current tow management software program fails to provide software services, or the City elects to utilize a new software provider, the FRANCHISEE will be required to use the replacement towing software system. If that occurs, all references to the tow management software program in this Agreement shall instead be interpreted as references to the new software program.

15. TOWING AND STORAGE CHARGES
A. The following schedule reflects the maximum rates established for services or materials in connection with any vehicle towed pursuant to a CITY generated non-consensual tow which includes but is not limited to the following.
i. Towing of all vehicles impounded by the CITY for investigation, as evidence in a criminal case, asset forfeiture or vehicles towed under the CVC including, but not limited to, CVC Section 14607.6 (vehicle forfeiture);
ii. Towing of vehicles involved in accidents, and/or stalled vehicles obstructing traffic, and/or vehicles illegally parked, and/or vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or vehicles whose driver has been arrested and/or detained and cannot drive the vehicle, and/or vehicles under the 30-day impound authority including, but not limited to, CVC Section 14602.6, and/or vehicles with five (5) or more outstanding parking citations;
iii. Towing of all vehicles necessitating special procedures to ascertain vehicle identification numbers, VIN tows, in compliance with requirements of the CVC; iv. Towing of any abandoned vehicle, inoperative vehicle, or abated vehicle, from any street, alley, highway, or any other private or public property in the CITY pursuant to the MMC and CVC including, but not limited, to MMC 3-2.1006 or CVC 22669 respectively; v. Towing any other vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the CITY who is properly authorized to order such tow. This shall include, but is not limited to, any vehicle that is submerged, either wholly or in part. This shall also include, but is to, the removal and storage of any abandoned vessel from city streets/property, whether or not said vessel is attached to a trailer. vi. Towing trailers, boats, motor homes, etc. (ie) Trailer Towing Class A; Ball Hitch B. MAXIMUM CHARGES
Time expended on a CITY generated tow shall be charged at a rate not to exceed the rates set forth hereinafter. There shall be no additional charge(s) for towing after 5 p.m., weekend tows, holiday tows, use of a dolly or any other equipment, mileage and labor, which includes, but is not limited to, crane charges, winching and recovery from areas not accessible to the tow truck.

FRANCHISEE shall collect all towing and storage charges from the vehicle owner unless otherwise stated in this Agreement.
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35 Tow Fees
Year 1
Class A tow (GVWR – 14,000 pounds) $245.00
Class B tow (GVWR – 26,001 pounds) $400.00
Class C tow (GVWR – 48,000 pounds) $550.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $125.00 (any vehicle towed to MPD) Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 2
Class A tow (GVWR – 14,000 pounds) $250.00
Class B tow (GVWR – 26,001 pounds) $405.00
Class C tow (GVWR – 48,000 pounds) $560.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $130.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 3
Class A tow (GVWR – 14,000 pounds) $255.00
Class B tow (GVWR - 26,001 pounds) $410.00
Class C tow (GVWR – 48,000 pounds) $570.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $135.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
In the event that CITY exercises its right to extend the term of this Agreement pursuant to Paragraph 2, Term of Agreement, the maximum amount allowed for towing shall be:

Year 4
Class A tow (GVWR – 14,000 pounds) $260.00
Class B tow (GVWR – 26,001 pounds) $415.00
Class C tow (GVWR – 48,000 pounds) $575.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $140.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 5
Class A tow (GVWR – 14,000 pounds) $260.00
Class B tow (GVWR – 26,001 pounds) $420.00
Class C tow (GVWR – 48,000 pounds) $600.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $145.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
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36 Additional Charge for 2nd tow truck required for removal of a vehicle. $75.00 (Must have direct approval by MPD officer on scene and must be itemized on the invoice.) Storage Fees:

Year 1
Outside Daily Storage Fee ………………….……...$65.00
Inside Daily Storage Fee……………………………$70.00
Class B/C Storage Fee…………………….. …….. $74.00
Year 2
Outside Daily Storage Fee ………………………... $67.00
Inside Daily Storage Fee………………………….. $72.00
Class B/C Storage Fee…………………….. …….. $76.00
Year 3
Outside Daily Storage Fee………………………... $70.00
Inside Daily Storage Fee…………………………. $75.00
Class B/C Storage Fee…………………………… $78.00
After business hours gate fee……………… …….. $100.00
In the event that the CITY exercises its right to extend the term of this Agreement pursuant to Paragraph 2, Term of Agreement, the maximum amount allowed for storage fees shall be:

Year 4
Outside Daily Storage Fee………………………... $72.00
Inside Daily Storage Fee…………………………. $77.00
Class B/C Storage Fee…………………………… $80.00
Year 5
Outside Daily Storage Fee………………………... $74.00
Inside Daily Storage Fee…………………………. $79.00
Class B/C Storage Fee…………………………… $82.00
After business hours gate fee……………………… $100.00
City of Modesto Vehicle Release Fee:

Illegal Parker / Abandoned Vehicle $120.00
Unlicensed Driver / Expired Registration $160.00
Suspended / Revoked Driver / Arrested Driver $250.00
DUI Driver $450.00
14602.7 CVC Seized Vehicles $450.00
The above rates represent the maximum a FRANCHISEE may charge on a CITY generated nonconsensual tow. A FRANCHISEE is not precluded from charging less when deemed appropriate. No FRANCHISEE, or their employee or agent, shall refer to any rate as the minimum required or set by CITY.

C. Time expended in excess of sixty (60) minutes on-scene may be charged in one-minute increments at a rate of $90.00 per hour and shall be properly documented on the FRANCHISEE’S invoice.

These additional service fees may be charged only under the following conditions or circumstances:
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37 i. When directed to “stand-by” by an authorized CITY employee or agent. “Stand-by” fees shall be billed to the Modesto Police Department on a separate invoice and shall include the name of the CITY employee or agent who authorized the charge and the Modesto Police Department case number.
ii. Necessary accident and/or recovery operations and when directed and approved by an authorized CITY employee or agent. This fee is the responsibility of the registered owner and shall be listed on the invoice with the name of the CITY employee or agent authorizing this charge.
iii.Special Equipment fees for Heavy Duty Rotation Tows: Pre-Authorization is required from the officer in charge of the scene and must be itemized on the invoice and all pricing shall follow what is on file with the California Highway Patrol related to their tow agreement program.
iv. When directed to tow a vehicle back to the Modesto Police Department for “Evidence” outside of the City of Modesto city limits.

D. Lock out fees: When directed by an authorized CITY employee or agent to unlock a vehicle. Lock out fees may be charged at a rate of $55.00 per vehicle. Lock out fees shall be billed to the Modesto Police Department on a separate invoice and shall include the name of the CITY employee or agent who authorized the charge and the Modesto Police Department case number. (Ex. FRANCHISEE is called out to only unlock a vehicle so a search warrant can be executed.) Lock out fees cannot be charged in addition with towing fees. This type of call will count as the FRANCHISEE’s rotation call.

E. The schedule of rates charged by FRANCHISEE shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the non-consensual tow services were provided or his/her agent at the scene.

F. Vehicles stored twenty-four (24) hours or less shall be charged for no more than one-day storage.

Each day of storage thereafter shall be calculated by calendar day (Civil Code Section 3068.1).

G. If a request for a non-consensual tow is cancelled by the CITY or vehicle’s owner/agent prior to the FRANCHISEE taking possession of the vehicle, there shall be no charge to the CITY or to the vehicle owner by the FRANCHISEE
H. FRANCHISEE may charge a fee for lien sale preparations in compliance with California Vehicle Code Section 22851.12. All lien preparations and/or sales performed by FRANCHISEE shall be done in strict compliance with all applicable laws. All forms shall be accurate and complete.

I. Notwithstanding any other provision of this Agreement to the contrary, any violations of sections 15(A) through 15(G) shall, at a minimum, be deemed a failure to provide adequate service and a material breach of this Agreement, and shall constitute grounds for up to immediate termination of this Agreement.

J. FRANCHISEE shall furnish a fully itemized billing to the vehicle owner or agent at the time of payment and/or upon request of the vehicle owner or agent. Failure to do so shall, at a minimum, be deemed a failure to provide adequate service.
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38 K. FRANCHISEE shall accept a valid bank credit card or cash tendered by the registered owner, legal owner or the owner’s agent claiming the vehicle for payment of towing and/or storage (CVC Section 22651.1). Appropriate credit card equipment shall be located at the primary business location and available for immediate processing from each tow truck. Failure to do so shall, at a minimum, be deemed a failure to provide adequate service L. A record of all vehicles towed by FRANCHISEE under this Agreement shall be retained by the FRANCHISEE and shall be readily available for inspection and/or transcription or copying at the primary business location of the FRANCHISEE for a minimum of three (3) years. Failure to retain and provide complete and accurate records upon request of the CITY shall, at a minimum, be deemed a failure to provide adequate service. All records shall contain the following information i. Date and time vehicle towed
ii. Modesto Police Department Case Number
iii. License Plate/Vehicle Identification Number
iv. Date and time of vehicle release
v. Year, Make and Model of Vehicle
vi. Copy of Modesto Police Dept. Vehicle Release (if applicable) vii. Date Lien Filed (if applicable)
viii. Date Lien Sale (if applicable)
ix. All Lien Documents (if applicable)
x. All DMV paperwork (if applicable)
M. FRANCHISEE shall post the Modesto Police Department case number on the windshield of any and all vehicles towed and stored by CITY. Failure to do so shall at a minimum be deemed a failure to provide adequate service.

N. A trailer with a vessel as a load (e.g. boat, motorcycle, jet ski,) shall be considered one vehicle for the purposes of the maximum rate allowed for tow and storage.

16. RELEASE OF VEHICLES
An authorized Modesto Police Department employee will authorize the release of a vehicle through the tow management software program. Once the tow management software program authorizes the release of a stored or impounded vehicle, it is the FRANCHISEE’s responsibility for the vehicle’s release. The FRANCHISEE is hereby granted authority to release to the registered owner, legal owner, or authorized representative, pursuant to section 22850.3 of the CVC.

17. RELEASE OF MULTI-DAY IMPOUNDS
A vehicle impounded with a multiple day hold (ex: 30-day hold) may only be released prior to the impound period with written authorization by the City in the tow management software program. The #3..
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39 tow management software program will automatically schedule the release date of an impounded vehicle.

18. UNAUTHORIZED RELEASE
Unauthorized release of an impounded vehicle, accidental or otherwise, not officially released by the City, and determined to be the fault of the FRANCHISEE, will result in the issuance of a violation as set forth in this Agreement.

19. RESPONSE / RESPONSE TIMES
A. FRANCHISEE shall respond to a dispatch order for a CITY generated tow and be on-scene within thirty (30) minutes of the time of dispatch by a Stanislaus Regional 911 dispatcher, a police officer, a community service officer, employee, agent, or other officer of the CITY who has been duly authorized to request tow services. The dispatcher shall record the time of dispatch into the incident history. The dispatcher’s computer entry record shall be the official time piece for the time of dispatch. If the tow truck arrives on scene after the thirty (30) minute requirement, the dispatcher or the officer on scene shall log the time of arrival into the incident history. The officer’s or dispatcher’s computer entry record shall be the official time piece for the time of arrival of the tow truck.

Failure of the FRANCHISEE to respond to a call with necessary towing equipment (i.e. flat bed, conventional rig etc.) at the designated point of the tow within thirty (30) minutes may, at the discretion of the officer on scene result in the FRANCHISEE being cancelled. Three (3) failures by the FRANCHISEE to respond to a call at the designated point of tow within thirty (30) minutes in a calendar year, commencing April 13, 2014, shall result in a failure to provide adequate service
Exception: Tows requested off the Over Weight Vehicle List shall respond to a dispatch order and be on scene within forty-five (45) minutes of the time of dispatch by a Stanislaus Regional 911 dispatcher, a police officer, community service officer, employee, agent, or other officer of the CITY who has been duly authorized to request such tow services. Three (3) failures by the FRANCHISEE to respond to a tow request from the Over Weight Vehicle List and furnish a tow truck capable of towing the vehicle at the designated point of tow within forty-five (45) minutes shall be deemed a failure to provide adequate service.

B. Any officer or CITY employee may at his/her discretion cancel a tow that in his/her opinion is unable to provide the necessary equipment to safely tow the vehicle.

C. FRANCHISEE shall maintain a phone line dedicated to Stanislaus Regional 911. Said phone line will be staffed twenty-four (24) hours a day, seven (7) days a week, including weekends and holidays. If the FRANCHISEE fails to answer the dedicated phone, they will be passed and fall to the bottom of the list. Three (3) failures by the FRANCHISEE to answer their designated phone line in a calendar year, commencing ___________, 2017, shall result in a failure to provide adequate service.

20. NON-RESPONSE
The FRANCHISEE shall update the tow management software program at the time of dispatch to a tow rotation request. If the FRANCHISEE is either unable to respond or unable to meet the maximum response time, the tow operator shall immediately update the tow management software program #3..
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40 accordingly. If, after accepting the call, the FRANCHISEE is unable to respond or will be delayed in responding, the FRANCHISEE shall immediately update the tow management software program accordingly.

To decline or refuse to respond will be considered a non-response. Each non-response will be immediately documented in the DTS system. Each non-response will be logged by the tow management software program and reviewed by the City. Three (3) failures to respond to a City generated tow in a calendar year, commencing ____________, 2022, shall result in a failure to provide adequate service.

21. ROTATION TOW LIST
A. The CITY will make a good faith effort to provide an even distribution of work among the FRANCHISEES. A list shall be established for non-consensual towing of all vehicles with a GVWR of 10,000 pounds or less. FRANCHISEE agrees to the rotation system established by CITY.

B. A separate list (Over Weight Vehicle List) will be established for non-consensual towing of vehicles with a GVWR of 10,001 pounds or more. FRANCHISEES who own or lease a tow truck with a minimum GVWR of 26,001 pounds may be placed on the Over Weight Vehicle List on a voluntary basis. However, once placed on the Over Weight Vehicle List FRANCHISEE shall give thirty (30) calendar days written notice to the Franchise Tow Administrator in order to be removed from the Over Weight Vehicle List.

C. This Agreement applies to non-consensual towing as defined in this Agreement. Nothing contained herein shall be construed to regulate consensual tows.

D. CITY reserves the right to request any tow company, regardless of its position on the rotation tow list.

22. AUDITING OF CHARGES AND SERVICES
A. The CITY reserves the right to audit all records, charges, and/or services provided by FRANCHISEE pursuant to this Agreement. CITY’s duly authorized representative shall have access to and the right to examine, transcribe, and/or copy, during business hours, as defined in Section 10 (B) (i), any and all reports, records, documents, and/or files necessary in order to audit and verify charges and services provided by FRANCHISEE under this Agreement. A complete record of all vehicles towed by FRANCHISEE pursuant to this Agreement, including, but not limited to; date and time of tow, Modesto Police Department case number, license plate number, vehicle identification number, date and time of release, year, make and model of vehicle, copy of Modesto Police Department vehicle release (if applicable), all lien and sale documents (if applicable) and vehicle disposition, shall be readily available for inspection at the primary business location of the FRANCHISEE and provided to CITY promptly upon request, and shall be retained for a minimum of three (3) years.

23. RESPONSIBILITY
A. FRANCHISEE shall be responsible for the protection of all CITY generated towed and/or stored vehicles in its possession until the vehicle has been released to its owner, or disposed of through the legal process, and shall be responsible for safeguarding all articles or property left in the towed and/or stored vehicle.
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41 B. FRANCHISEE shall release personal property from a towed/stored vehicle at the request of the vehicle owner or his/her agent, subject to the below listed exceptions. (Personal property is considered to be items, which are not affixed to the vehicle; i.e. papers, cell phones, pull out stereos, clothes, luggage, tools, cargo, etc.) EXCEPTION: No personal property shall be released from vehicles impounded by CITY for evidence, investigation, asset forfeiture or vehicle forfeiture without prior authorization from the towing officer or the Tow Franchise Administrator.

C. Any vehicle towed by the Modesto Police Department for evidence, investigation, asset forfeiture and vehicle forfeiture (CVC Section 14607.6) and stored by the FRANCHISEE shall be stored at the primary storage facility and shall not be moved until authorized by the Chief of Police, the Tow Franchise Administrator or their designee. The need for inside storage shall be indicated on the tow sheet. Vehicles towed by the Modesto Police Department for evidence, investigation, asset forfeiture and vehicle forfeiture (CVC Section 14607.6) shall not be lien sold until such time as the Modesto Police Department Tow Franchise Administrator provides the FRANCHISEE with a written release of the vehicle.

D. FRANCHISEE shall not release any vehicle that is marked as an “Agency Hold” on the Vehicle Report without a the release in the tow management software program and/or signed Modesto Police Department Vehicle Release form.

E. FRANCHISEE shall ensure that all debris and fluids are cleared from the scene of a CITY generated tow prior to leaving the scene.

24. COMPLIANCE WITH THE LAW
A. FRANCHISEE and its tow truck driver(s) and employees must be in compliance with all terms and conditions of this Agreement and all applicable federal, state, and local laws, rules, and regulations which are in force or become effective during the franchise period which, in any manner, affect towing and storage of vehicles, including, without limitation, the requirement that any person who drives a tow truck for FRANCHISEE is properly licensed and permitted and that all tow trucks meet any and all applicable Vehicle Code requirements.

B. In the event that FRANCHISEE is cited, arrested, charged, or convicted for any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, driving while under the influence of alcohol and/or drugs, possession and/or sales of drugs or crimes of moral turpitude, FRANCHISEE may be immediately suspended or terminated at the discretion of the Chief of Police. FRANCHISEE shall notify the Tow Administrator within seventy-two 72 hours of any citation, arrest or conviction of the FRANCHISEE.

C. In the event that FRANCHISEE’s employee is cited, arrested and/or charged and/or convicted for any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, driving while under the influence of alcohol and/or drugs, possession and/or sales of drugs or crimes of moral turpitude, notwithstanding any provision of this Agreement to the contrary, the employees Tow Driver Permit may be immediately suspended or revoked. FRANCHISEE shall notify the Tow Administrator within seventy-two (72) hours of FRANCHISEE becoming aware of any such citation, arrest, charging or conviction.
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42 D. In the event that any FRANCHISEE employee is cited for any two (2) infractions while operating a tow truck within a rolling 12-month period, the employee’s tow driver’s permit may, at the discretion of the Chief of Police, be suspended or terminated. The FRANCHISEE shall notify the Tow Administrator within seventy-two (72) hours of becoming aware of any such citation having been issued to an employee.

E. Nothing in Paragraph 19 of this Agreement shall in any way affect the “at will” nature of this Agreement, or the right of any party to this Agreement to terminate it without cause on thirty (30) day written notice, as provided in Paragraph 2, above.

25. FAILURE TO PROVIDE ADEQUATE SERVICE/DISCIPLINARY ACTION A. Except as otherwise provided in this Agreement, FRANCHISEE’S failure to meet any of the terms and conditions of this Agreement shall be deemed a failure to provide adequate service.

Any failure to provide adequate service is a violation of the terms of this Agreement and shall result in the following disciplinary action unless otherwise stated in this Agreement:
i. First violation within a calendar year commencing with the start date of the agreement, ________, 2022, Written Notice via certified mail
ii. Second violation within any calendar year commencing _______, 2022 Written Warning via certified mail.
iii. Third violation within any calendar year commencing _______, 2022, thirty (30) Day Suspension.
a. Upon serving a suspension of any length the FRANCHISEE must pay a reinstatement fee of five hundred dollars ($500.00). The suspension will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee through the Franchise Tow Coordinator.

B. Nothing herein shall be deemed to prohibit the Chief of Police, or his designee, from imposing an immediate suspension and/or termination on any FRANCHISEE and/or employee(s) whose conduct, in the opinion of the Chief of Police, or his designee, is considered to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement.

C. Nothing in Paragraph 20 of this Agreement shall in any way affect the “at will” nature of this Agreement, or the right of any party to this Agreement to terminate it without cause on thirty (30) day written notice, as provided in Paragraph 2, above.

26. FRANCHISEE’S REVIEW/APPEAL
A. FRANCHISEE may request a review of a violation within ten (10) calendar days of receipt of the notice of violation by submitting a request in writing to the Administrative Services Supervisor. If a review is requested by FRANCHISEE, it shall be done as soon as practicable by the Administrative Services Supervisor or his/her designee. FRANCHISEE shall be notified in writing of the Administrative Services Supervisor’s decision(s) within ten (10) calendar days of the date of completion of the review. The Administrative Services Supervisor’s decision on review of the violation shall be final.
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43 B. Following receipt of a notice of suspension, FRANCHISEE may appeal the suspension by submitting a request in writing to the Chief of Police within ten calendar days of receipt of the decision. If an appeal is requested, it shall be done as soon as practicable. On appeal, the FRANCHISEE may raise the alleged invalidity of any violation upon which the CITY relies in imposing the suspension for which review has previously been sought. The appeal shall be decided in a hearing conducted in accordance with the provisions of section 1-6.504 through 1-

6.507 of the Modesto Municipal Code by an Administrative Hearing Officer appointed by the City Manager or his/her designee.

C. A suspension resulting from a violation shall not be imposed until the review and/or appeal process for that violation or suspension, if it has been timely requested, has been exhausted, except where this Agreement permits an immediate suspension or termination or where a FRANCHISEE’S conduct is deemed to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement. Failure to request a review or appeal in writing within the time specified or failure of FRANCHISEE to appear at a scheduled review or appeal hearing shall constitute a waiver of his or her right to a review or appeal and adjudication of the violation and/or disciplinary action and the violation and/or disciplinary action shall become final.

27. MOTOR CARRIER PERMIT/OTHER PERMITS AND LICENSES
A. FRANCHISEE must possess a current/valid Department of Motor Vehicles Motor Carrier Permit.

B. FRANCHISEE and his/her officers, officials, employees and agents shall obtain and maintain during the term of this Agreement all necessary licenses, permits and certificates required by law for the conduct of FRANCHISEE’S activities and for the provision of services hereunder, including a business license issued by the City of Modesto.

C. Failure to comply with any provision of Paragraph 23 shall be grounds for immediate suspension and/or termination of this Agreement.

28. EXPERIENCE/SALE OR TRANSFER OF BUSINESS
A. FRANCHISEE must have owned a towing business in the State of California for a minimum of two (2) years immediately preceding the date of its application for a non-exclusive nonconsensual towing service franchise.

B. FRANCHISEE agrees that sale or transfer of the controlling interest in FRANCHISEES Tow Company shall immediately terminate this Agreement.

29. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding among the parties with regard to the matters herein.

The terms of this Agreement are contractual and not a mere recital. There have been no representations, promises, or inducements of any kind made by any party other than those that appear as signatories hereto. Each covenant and condition mentioned in this Agreement is material consideration for each party to enter into this Agreement.
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44 30. PARTIES TO AGREEMENT.

This Agreement is intended to confer rights and benefits only on the signatories hereto and is not intended to confer any right or benefit upon any other person or entity. No person or entity other than the signatories hereto shall have any legally enforceable right under this Agreement. All rights of action of any breach of this Agreement are hereby reserved to the signatories hereto.

31. VOLUNTARY AND KNOWING AGREEMENT.

Each of the parties hereto states that this Agreement voluntarily and with knowledge of its significance and legal effect.

32. AUTHORITY AND COMPETENCY.

Each party hereto expressly warrants and represents that the person executing this Agreement on its behalf is legally competent to and is authorized to enter into this Agreement and to bind said party to their representations, terms, conditions, and covenants as set forth herein.

33. BINDING EFFECT.

This Agreement shall be binding upon and shall insure to the benefit of the signatories and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, affiliated and related entities, officers, directors, principals, agents, employees, assigns, representatives, and all persons, firms, associations, and/or corporations connected with them including, with limitation, their insurers, insureties, and/or attorneys.

34. SEVERABILITY.

If any provision or any part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any public policy, law, stature and/or ordinance, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

35. ASSIGNMENTS.

The TOWING CARRIER shall not assign, subcontract or transfer by operation of law any obligation hereunder without prior written consent of the CITY.

36. INDEPENDENT CONTRACTOR.

The TOWING CARRIER is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its officers, employees nor agents shall have control over the conduct of the TOWING CARRIER nor any of the TOWING CARRIER’S officers, employees nor agents, except as herein set forth. The TOWING CARRIER shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers or agents of the CITY.

37. NOTICE This Agreement may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party. Any notice to be given pursuant to this Agreement by either party to the other shall be deposited with the United States Postal Service, postage prepaid. #3..
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1 March 14, 2022
ADDENDUM NO. 1
REQUEST FOR APPLICATIONS (RFA) NO. 2122-43
FOR

FRANCHISE TOWING SERVICES
The following web site contains the complete bid package: http://www.modestogov.com/257/Contracting-BidOpportunities Bidders who do not have the complete bid package are encouraged to download the package from the City’s web site.

This Addendum addresses questions submitted via email.

Q. I am unfamiliar with “Microsoft Teams”. Is this an app that can be downloaded on both a phone and PC, or can it only be accessed via the link on the contract inside Planet Bids? Is there any login info that is required like there is for a zoom meeting? If so, what is it? Any and all information to view the opening would be most appreciated.

A. The link provided in the bid specifications is the link you would need to follow to access the online opening.

You may also call in and listen on your telephone. The information has been provided below for your convenience.

Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,961656049# United States, Dallas
Phone Conference ID: 961 656 049#
Q. In section 3 are you asking for the current business license plus 2 years prior equally a total of 3, or are you wanting current plus 3 past ones?
A. We would like to have the current business license plus 3 years prior.

Q. Our storage facility is located in Ceres. Part 1 asked for 3 years of business license. Will this be 3 years of both our Ceres license and our Modesto license, or just the 3 for Modesto? #3..
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2 A. We would like to have the business licenses for both.

Q. What is the best way to go about obtaining any prior license from the City? A. To obtain copies of prior licenses you can email the City of Modesto Business Licensing at the following email address: [email protected] and request what you are looking for or you can go to 1010 10th Street, Ste 2100 Modesto.

Q. As a corporation, what different documents will you accept from the State for both current and past years as section 3 is asking for past as well. Also, are you wanting the current plus the 3 prior for a total of 4, or the current plus 2 prior?
A. As a corporation, requested is copies of the current and last 3 years of the Statement of Information through the State of California Secretary of State.

Q. Section 4 asks for 2 photos of the bathroom and public phone. Is that one of each for a total of 2, or 2 of each for a total of 4?
A. To capture all angles 2 photos of each are preferred.

Q. I renewed my MCP back in mid-December. I have yet to receive it and I have called numerous times, but the automated system will just hang up on you “due to higher than normal call volume”. I have my transaction confirmation receipt from them showing it has been renewed, and I have attached it here. The only other thing I can get is from there website. The link below takes you to a list of “active” MCPs. I have printed mine from the site.

Give I have not received mine in the mail and know what at the State will answer the phone, which is super frustrating and stressful given the time constraints of this contract, will either of the above be acceptable? If so, which one?
https://www.dmv.ca.gov/portal/vehicle-industry-services/motor-carrier-services-mcs/motor-carrierpermits/active-motor-carriers/ My MCP # is 0122752
{I will attach the two attachments they sent to the email} A. Your transaction confirmation receipt and a copy of your “Active” status in the MCP portal is sufficient.

Q. Section 4, Item: I.) Applicant Background it says
In addition, any of the following will result in the rejection of your application packet and your application packet will be eliminated from the application/ award process. "Any applicant not possessing a valid driver's license, issued by the State of California.

Question/ Explanation:

My question is that one of our owners/applicants does not have a valid drivers any more. He voluntarily gave up his driver license due to medical reasons because he has dementia. The other owner/applicant does have a valid driver license. Is this going to cause our application to be disqualified? He does have a federal issued ID.

A. Answer: His California State or Federal Identification will be accepted.

Q. The Franchise Fee increases from $75.00 the first year to $80.00 the third year. This comes right out of the proposed increase the tow companies should be receiving. This cost should be passed on to the R/O or vehicle.
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3 The proposed increases that are outlined here are less than 2%. I would like to propose a 20% increase across the board with yearly increases. This increase is necessary in order for tow companies to maintain the quality of equipment, cover increasing costs of fuel, and provide excellent service to the city that is expected of us.

After reading through the RFA several times, I could not locate a date or time scheduled for the tow companies to meet with the City to voice concerns about the proposal. There are rate issues as well as other concerns. Do you know if such a meeting is being planned? A. There is no meeting planned at this time. Rates in proposal are set and will not be modified.

Postscript
Each application shall be sealed and delivered to the City Clerk’s Office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, March 22, 2022 at 11:00 A.M., at which time submittals will be opened via Microsoft Teams live stream. You can access the opening via the below link or join via telephone as noted below.

Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,961656049# United States, Dallas
Phone Conference ID: 961 656 049#
On the outside of both the bid envelope and courier envelope, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER RFA 2122-43

FRANCHISE TOWING SERVICES
BID OPENING DATE: March 22, 2022, AT 11:00 A.M.

MAIL TO: CITY CLERK 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 submittals or to waive any informalities or minor irregularities in a submittal.

No proposer may withdraw his/her submittal for a period of one hundred twenty (120) days after the date set for the opening thereof.
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1 NON-EXCLUSIVE NON-CONSENSUAL TOWING SERVICE FRANCHISE AGREEMENT

1. SCOPE OF WORK
FRANCHISEE shall furnish all labor, materials, and equipment necessary to provide non-exclusive nonconsensual towing services as specified in the Notice for Application, Request for Application #2122-43 Non-Exclusive Non-Consensual Franchise Towing Services Verified Application, and all documents requested in response thereto, all of which are incorporated herein by this reference, and this Agreement (which collectively shall constitute the Non-Exclusive Non-Consensual Towing Service Franchise Agreement and which is referred to herein as “this Agreement”). All non-consensual towing services shall be furnished and performed in strict compliance with the terms and conditions of this Agreement. NonConsensual towing services include, but are not limited to; A. Towing of all vehicles impounded by the City of Modesto (CITY) for investigation, as evidence in a criminal case, asset forfeiture, and vehicles towed pursuant to the California Vehicle Code (“CVC”) including, but not limited to, CVC Section 14607.6.

B. Towing of vehicles involved in collisions, and/or stalled vehicles obstructing traffic, and/or vehicles illegally parked, and/or vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or vehicles whose driver has been arrested and/or detained and cannot drive the vehicle, and/or vehicles under the 30-day impound authority including, but not limited to, CVC Section 14602.6, and/or vehicles with five (5) or more outstanding parking citations; C. Towing of all vehicles necessitating special procedures to ascertain vehicle identification numbers, VIN tows, in compliance with the requirements of the CVC;
D. Towing of any abandoned vehicle, inoperative vehicle, or abated vehicle, from any street, alley, highway, or any other private or public property in the CITY pursuant to the Modesto Municipal Code (“MMC”) and CVC including, but not limited to, MMC Section 3-2.1006 and CVC Section 22669 respectively;
E. Towing any other vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the CITY who is properly authorized to order such tow. This shall include, but is not limited to, any vehicle that is submerged, either wholly or in part. This shall also include, but is not limited to, the removal and storage of any abandoned vessel from city streets/property, whether or not said vessel is attached to a trailer;
F. Towing trailers, boats, motor homes, etc.

2. TERM OF AGREEMENT
The initial term of this Agreement shall be for three (3) years, commencing September 18, 2022. The CITY reserves the right to extend this Agreement for two (2) additional, one-year terms, at the sole discretion of CITY. This Agreement is an “at will” agreement; either party may terminate this Agreement by giving the other party thirty (30) days written notice. #3..
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2 3. PAYMENT/FRANCHISE FEES PAYABLE TO CITY
A. FRANCHISEE agrees to pay to CITY a franchise fee in accordance with the terms of this Agreement.

B. Commencing with the start date and for the first two (2) years this Agreement, the FRANCHISEE shall pay CITY a franchise fee of $75.00 for each and every non-consensual tow, as defined in this Agreement, performed by FRANCHISEE on behalf of or at the request of CITY. The $75.00 franchise fee will not apply to abandoned and stolen vehicles towed by the Modesto Police Department C. Commencing with the third year of this Agreement (i.e. the 731st day from the start date) the FRANCHISEE shall pay CITY a franchise fee of $80.00 for each and every non-consensual tow, as defined in this Agreement, performed by FRANCHISEE on behalf of or at the request of CITY.

D. All franchise fees owed to CITY for each and every non-consensual tow performed by the FRANCHISEE shall be due and payable on a monthly basis as set forth in the invoice detailing the franchise fees owed. CITY shall receive payment as illustrated in Paragraph 3(E). Payment shall be made in the form of a preprinted company bank check, cashier’s check payable to the City of Modesto, or electronic payment.

E. CITY/Tow Franchise Administrator (TFA) shall mail an itemized bill/invoice of the franchise fees owed by FRANCHISEE to CITY on or before the 10th of each month, for the preceding month’s nonconsensual tows. Payment on the invoice is due to the CITY by the 1st day of the following month. (E.g. FRANCHISE fees for the month of January will be invoiced and mailed by February 10th.

Payment of the total amount invoiced shall be post marked or received by CITY no later than March 1st, everyday thereafter the invoice is delinquent.)
F. Payments shall not be made contingent on any payments due or payable to the FRANCHISEE by either CITY or the registered owner.

G. If any itemized bill/invoice is more than five (5) calendar days delinquent, the Chief of Police or his designee shall have the authority to immediately suspend the FRANCHISEE until payment of any and all billed/invoiced amounts are paid in full to CITY. Furthermore, if any itemized bill/invoice is more than sixty (60) calendar days delinquent, the Chief of Police or his designee shall have the authority to immediately terminate this Agreement.

4. INSURANCE

FRANCHISEE 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 CITY as may be required by the City Clerk of 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 sent by registered mail to the Risk Manager of CITY, via PINS Advantage Insurance Program for all of the following stated insurance policies.

A. 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.

B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage, and minimum aggregate policy limit of $2,000,000. This insurance shall indicate on the certificate of insurance the following coverage’s and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations; and/or professional liability. #3..
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3 C. Commercial Business Automobile Liability - Bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000) shall be maintained. This insurance shall cover any automobile for bodily injury and property damage.

D. Uninsured Motorist - Legal minimum combined single limit.

D. On-Hook Coverage - Insuring the vehicle in tow with limits based on the size of the tow truck.

Class A tow truck - One Hundred Thousand Dollars ($100,000) Class B tow truck - One Hundred Fifty Thousand Dollars ($150,000) Class C tow truck - Two Hundred Thousand Dollars ($200,000) F. Garage Liability - Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than One Million Dollars ($1,000,000).

G. Garage Keepers Liability - Shall be the same minimum as on-hook coverage for vehicles in the care, custody and control of the FRANCHISEE in the storage yard. i. 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 FRANCHISEE shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the FRANCHISEE to furnish, deliver or maintain such insurance and certificates as above provided, this FRANCHISE, at the election of the CITY, may be forthwith declared suspended or terminated. Failure of the FRANCHISEE to obtain and/or maintain any required insurance shall not relieve the FRANCHISEE from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the FRANCHISEE concerning indemnification. The CITY, its agents, officials, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
ii. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by FRANCHISEE for the CITY.
iii. The FRANCHISEE’S insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.
iv. For any claims related to the work performed pursuant to this Agreement the FRANCHISEE’S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be in excess of the FRANCHISEE’S insurance and shall not contribute with it.
v. FRANCHISEE shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of #3..
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4 subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.
vi. Proof of insurance shall be in the form of a certificate of insurance and separate endorsements naming the CITY as an additional insured for all insurances except Workers’ Compensation.

Policy expiration or cancellation will immediately nullify this Agreement. FRANCHISEE’S insurance policy shall provide for a thirty (30) day advance notice to CITY in the event the insurance policy will expire or be cancelled. FRANCHISEE shall also immediately notify the Tow Administrator in the event the insurance policy has expired or is cancelled. Failure to maintain insurance or to notify the CITY and Franchise Tow Administrator of insurance lapses shall constitute a material breach of this Agreement and CITY shall have the right to immediately suspend and/or terminate this Agreement as determined by the Chief of Police or his designee.
vii. The ultimate responsibility for any damage to any vehicle or property or the loss of any vehicle or any property contained in the vehicle while the vehicle and/or property is in the FRANCHISEE’S care and/or custody rests with the FRANCHISEE. The FRANCHISEE shall reimburse the vehicle or property owner for any loss or damage which has been identified in a Modesto Police Department Motor Vehicle Report or other official document and is not covered by FRANCHISEE’S insurance.
viii. Any deductibles or self-insured retention must be declared to and approved by the City of Modesto Risk Manager.

5. HOLD HARMLESS AGREEMENT
FRANCHISEE shall hold CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to, injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of FRANCHISEE, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

6. PROHIBITION OF GIFTS
A. FRANCHISEE shall be subject to CITY’s prohibition against acceptance of any gift by a CITY officer or employee.

B. FRANCHISEE agrees not to offer any CITY officer or employee any gift. In addition to any other remedy(ies) CITY may have at law or equity, CITY may immediately terminate this Agreement for a violation of this Paragraph notwithstanding any provision of this Agreement to the contrary.

7. DRIVERS/EMPLOYEES
A. FRANCHISEE shall, at a minimum, maintain the following information for each employee/driver providing services to CITY pursuant to this Agreement.
i. Full name
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5 ii. Date of birth.

iii. Valid California Driver’s License number and photocopy of said driver’s license. iv. Copy of Social Security Card
v. Job title-description.
vi. Current home address
vii. Current phone number.
viii. Copy of employment application.
ix. Medical certificate (if applicable)
B. It is the responsibility of FRANCHISEE to maintain a sufficient number of employees and/or properly licensed and permitted drivers to meet all the terms and conditions set forth in this Agreement. Any violation of CVC Section 12500 or 14601 through 14601.5, by a FRANCHISEE or FRANCHISEE’S employee/driver which is committed while in the process of providing towing service for the CITY under the terms of this Agreement, may be grounds for immediate suspension of this Agreement, notwithstanding any provisions of this Agreement to the contrary.

C. At the start of this Agreement, FRANCHISEE shall provide to the Tow Franchise Administrator a current list of its employees who will be providing services under the terms of this Agreement. Any drivers hired thereafter that will provide services to CITY pursuant to the terms of this Agreement and/or any change in the employment status of any driver including, but not limited to, suspension or dismissal from employment, shall be reported to the Franchise Tow Administrator within twenty-four (24) hours.

D. FRANCHISEE and all tow truck drivers providing services to CITY pursuant to the terms of this Agreement shall be enrolled in the Pull Notice Program with the Department of Motor Vehicles.

FRANCHISEE shall enroll all newly hired tow truck drivers in the Pull Notice Program within fifteen (15) calendar days of hire.

E. All drivers providing services for the CITY under this Agreement shall be covered under the Workers Compensation Insurance Policy required under section 3(A) of this agreement.

8. TOW DRIVERS PERMIT / IDENTIFICATION BADGES
A. FRANCHISEE tow driver(s) who provide services under this Agreement shall apply for and obtain a Tow Driver Permit / Identification Badge annually from the Modesto Police Department. A Tow Driver Permit fee will be charged for each permit applied for and shall be paid by the FRANCHISEE at the time of permit application. The fee, which may be amended from time to time, will be established by resolution of the Modesto City Council.

A. FRANCHISEE’S tow driver(s) shall wear a valid Modesto Police Department issued Tow Driver Identification Badge in plain view, at all times when responding to a CITY generated tow. If a tow truck driver responds to a scene without his authorized name badge, the tow truck driver will be dismissed from the scene and the next Tow Operator in rotation will be called. Failure to obtain a #3..
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6 Tow Driver Permit / Identification Badge shall, at a minimum, be deemed a failure to provide adequate service. The purpose of these badges will be to identify those employees of the FRANCHISEE who have been fingerprinted by the City and have passed the record check by the Department of Justice.

C. A Tow Driver Permit application can be obtained from the Tow Franchise Administrator at the Modesto Police Department, 600 10th St., Modesto Ca. 95354. The Tow Driver Permit will be valid for one year from the date of issuance. It is the responsibility of the FRANCHISEE to ensure that all drivers maintain a valid Tow Driver Permit.

D. If a Tow Driver’s Permit / Identification Badge is lost or stolen, the tow driver must contact the Tow Franchise Administrator for a replacement. The cost of the replacement will be $10.00 per card.

E. A Tow Driver Permit shall NOT be issued to any of the following persons:
i. Any person under the age of eighteen (18) years.
ii. Any person who is currently required to register pursuant to Section 290 of the California Penal Code;
iii. Any person who has been convicted of a crime involving any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, possession and/or sales of drugs or crimes of moral turpitude, unless a period of not less than five (5) years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;
iv. Any person not possessing a valid class specific driver’s license issued by the State of California
v. Any person on current probation or parole.

F. The requirement to currently possess a Tow Driver Permit shall be waived for a period of sixty (60) calendar days following the start date of this Agreement, to provide the CITY sufficient time to process all Tow Driver Permit applications. FRANCHISEE shall ensure that all tow drivers who are to provide services under this agreement, and who do not possess a Tow Driver Permit at the start of this agreement apply for a Tow Driver Permit within ten (10) calendar days following the start date of this Agreement Failure to do so shall, at a minimum, be deemed a failure to provide adequate service.

G. All identification badges are the property of the City and will be returned by the FRANCHISEE to the City within forty-eight (48) hours of an employee’s separation. FRANCHISEE will provide a current list of all drivers. Anytime there are any changes to this list, the City is to be notified by the next business day and provided with an updated and current list of drivers.

H. Any employee of the FRANCHISEE that has left employment with said FRANCHISEE and returned and been rehired must complete an additional background check before performing services pursuant to this Agreement.
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7 I. Nothing herein shall prohibit the Chief of Police, or his designee from denying the issuance of, or imposing an immediate suspension and/or termination of, any Tow Driver Permit when the applicant’s/permit holder’s conduct, in the opinion of the Chief of Police, or his designee, is considered
to be a danger to the motoring public or who has engaged in conduct constituting a violation of this Agreement.

9. DEMEANOR AND CONDUCT
While providing towing services pursuant to this Agreement, the FRANCHISEE, its employee(s) and/or agents shall refrain from any of the following acts of misconduct:

A. Rude or discourteous treatment of the public or CITY employees.

B. Lack of service or refusal to provide service to the public or CITY employees.

C. Any act of sexual harassment or sexual impropriety.

D. Unsafe driving practices.

E. Exhibiting any objective symptoms of alcohol and/or drug intoxication. FRANCHISEE/tow truck driver shall submit to a Preliminary Alcohol Screening Test upon demand of a peace officer.

F. Appearing at the scene of a CITY-generated tow with the odor of an alcoholic beverage emitting from his/her breath or person. FRANCHISEE /tow truck driver shall submit to a Preliminary Alcohol Screening Test upon demand of a peace officer.

G. Appearing at the scene of a CITY-generated tow without being attired in the FRANCHISEE’S established uniform and Identification Badge. A description of which shall be provided to the Tow Franchise administrator in writing prior to the commencement of this Agreement. At a minimum, the name of the tow business and the name of the employee shall be displayed on the uniform shirt.

H. However, nothing herein shall prohibit the Chief of Police, or his designee, from imposing an immediate suspension and/or termination on any FRANCHISEE and/or employee(s) whose conduct, in the opinion of the Chief of Police, or his designee, is considered to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement.

I. All complaints received by the Modesto Police Department against the FRANCHISEE or its agent(s) or employee(s) will be accepted and investigated in a fair and impartial manner. At a minimum, any substantiated complaint will be deemed a failure to provide adequate service. Furthermore, as a result of the investigation, the Chief of Police or his designee may initiate such disciplinary action as he or she deems appropriate.

J. FRANCHISEE must notify CITY of all contracts with other cities or governmental agencies to provide tow services within California. Any FRANCHISEE that is under contract with any other city or agency and who is either suspended or terminated by that city or agency shall notify in writing the CITY/ Tow Franchise Administrator within twenty-four (24) hours of such suspension or termination, Failure to do so shall, at a minimum, be deemed a failure to provide adequate service.

10. FACILITIES
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8 A. FRANCHISEE shall maintain an office facility with a primary storage yard and interior storage within two (2) miles of the Modesto City limit.

B. Hours of Operation:
i. The business office shall be open to the public, staffed and available for vehicle releases, storage, inquiries, telephone calls and all other business purposes during business hours. Business hours are defined as Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except the following observed holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day (observed), Independence Day, Labor Day, Veterans’ Day (observed), Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day. ii. In order to ensure that the vehicle owner or his/her agent may claim vehicles towed on behalf of the CITY at any time, on any day and to promptly release CITY towed vehicles, the FRANCHISEE must have an employee available after business hours, who can arrive at the primary office facility within thirty (30) minutes of a request by the CITY or a citizen. Vehicle owners or their agents who request entry to the storage facilities after business hours may be assessed an after-hour gate fee. CITY shall not be assessed an after-hour gate fee.

11. BUSINESS OFFICE
A. FRANCHISEE shall have an accessible public restroom that complies with all federal, state and local laws and regulations and FRANCHISEE shall have a telephone available for customers to use.

B. FRANCHISEE shall display the FRANCHISEE’S business name, address and telephone number at the primary business and secondary storage lot/facility location with a sign clearly visible day and night from the street.

C. Shall be neat and clean in appearance.

D. The following documents, printed in a minimum of 12-point type (unless otherwise stated or required by the California Vehicle Code) shall be posted by FRANCHISEE in the Primary business office in a conspicuous location clearly visible to the public
i. Name and address of FRANCHISEE’S insurance broker carrying the insurance required pursuant to this Agreement;
ii. A notice explaining the procedure by which unclaimed vehicles are sold at public auction stating that all in attendance at such auction shall have an equal opportunity to bid. Notice shall include the locations of such auctions and publications in which such auctions are advertised. iii. “Vehicle Impound Rights and Obligations” informing the public of their rights pursuant to CVC Section 22852.
iv. A notice advising that complaints against FRANCHISEE related to CITY generated nonconsensual tows can be made by contacting the Modesto Police Department, Tow Franchise Administrator, 600 10th St., Modesto Ca. 95354, (209) 572-9500. This notice shall be displayed in a conspicuous place clearly visible to the public in lettering not less than 1” in size. #3..
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9 iv. Maximum Fee/Rate Schedule for CITY generated non-consensual tows. This notice shall be displayed in a conspicuous place clearly visible to the public in lettering not less than 1” in size.

E. The facility shall have a telephone, on site fax machine and the necessary computer equipment to properly run the tow management system software and to send and receive email.

E. If an operator’s place of business is staffed with only one employee, the business office may be closed for one hour at lunch.
i. A sign shall be posted which reflects a lunch closure and phone number where a request by a vehicle’s owner/agent shall result in an immediate response to release property and/or vehicle. ii. Response to the office shall be within thirty (30) minutes.

12. STORAGE LOT
A. FRANCHISEE’S lot(s) must have an improved surface (e.g., gravel, concrete, paved) and the storage lot(s) shall be free of litter, debris and weeds.

B. The storage lot(s)/facilities must be adequately lit during hours of darkness.

C. The storage lot(s) must comply with all applicable local, state and federal rules, regulations and laws.

D. Stored vehicles shall be parked with a minimum of two (2) feet of clearance on each side and one (1) foot of clearance in the front and one foot of clearance in the rear.

E. The storage lot(s)/facility(ies) shall have interior storage used exclusively for the storage of impounded/stored vehicles.

F. Secondary storage locations may be utilized, however, neither customers nor CITY shall be charged any additional fees for vehicles stored at a secondary facilities. Secondary storage lots/facilities must be within two (2) miles of the Modesto City limit. In addition, all vehicles must be released to the registered owner or their agent at the primary business location. Both primary and secondary storage lots shall be enclosed by a solid wall or chain link fence at least six (6) feet in height for maximum security. Said wall or fence shall comply with all local, state and federal rules, ordinances, codes and regulations.

G. All towed vehicles shall be stored on private property only. At no time shall a towed vehicle be deposited, placed, left standing or stored on a public roadway or right of way.

H. A request for outside or inside storage on a CITY generated non-consensual tow by a customer shall be honored. If no request is made, the vehicle shall be stored in the least costly manner to the customer.

I. It is the responsibility of the FRANCHISEE to determine and maintain a sufficient amount of storage to meet all the terms and conditions of this Agreement.

13. TRUCKS
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10 A. FRANCHISEE shall own or lease, and have in their possession a minimum of two (2) fully operational Tow Trucks, as defined in Section 615(a) of the California Vehicle Code, with a minimum GVWR of 14,000 pounds, a minimum of one (1) tow truck shall be capable of towing all vehicles with a (GVWR) up to and including 10,000 pounds. All tow trucks must be currently registered with the California Department of Motor Vehicles and must display a current Modesto Police Department inspection sticker.

B. Tow Truck Classifications and Equipment Specifications:
i. To properly and safely tow and service the wide variety of vehicles being operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment shall be used when appropriate. ii. Tow truck equipment and specifications listed are the minimum acceptable. Auxiliary equipment will be required in each class.
iii. Equipment Limitations: All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected. iv. Towing Limitations:

The criteria to use in determining the safe towing limits for a tow truck are:
a. The total weight of the tow truck, including the lifted load, must fall within the manufacturer’s GVWR and not exceed either the Front or Rear Axle Weight Ratings (FAWR/RAWR).
b. The tow truck must meet all applicable local, state and federal standards, regulations and laws.
c. For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weight after the load is lifted.
v. Identification Label
Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model and rated capacity when applicable.
vi. Recovery Equipment Rating
The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). a. The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706.
c. All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies shall be the same type, construction, and rating as specified by the Original Equipment Manufacturer (OEM) for the equipment. vii. Safety Chains:

Safety chains shall be rated at no less than the rating specified by the OEM. #3..
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11 viii. Control/Safety Labels:

All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions.
ix. Wire Rope (Cable):

Wire rope shall be maintained in good condition. Only wire rope with swaged ends with metal sleeves in the loops shall be approved for use on CITY generated tows. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are two or more wires broken in lay length, or when there is other visible evidence of loss of strength.
x. Class A – Light Duty: For the purposes of this Agreement, a Class A tow truck is defined as a tow truck that has a manufacturer’s GVWR of at least 14,000 pounds. xi. Class B – Medium Duty: For the purposes of this Agreement, a Class B tow truck is defined as a tow truck with a GVWR of at least 26,001 pounds. The tow truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
xii. Class C- Heavy Duty: For the purposes of this Agreement, a Class C tow truck is defined as a tow truck with a GVWR of at least 48,000 pounds. The tow truck shall be equipped with air brake and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
xiii. Special Equipment: For the purpose of this Agreement, Special Equipment used by Class C Heavy Duty tow truck is defined as equipment needed to properly and safely tow or recover a wide variety of vehicles that necessitate equipment specifically designed for such a purpose.

C. All tow trucks and special equipment utilized by FRANCHISEE to provide CITY generated nonconsensual tow services shall pass a California Highway Patrol (CHP) Level One inspection annually. All special equipment shall be accounted for during the annual inspection. FRANCHISEE shall notify the Tow Administrator of the date and time of their scheduled CHP inspection as soon as practicable, and no later than two (2) weeks prior to the scheduled inspection date.

D. An inspection sticker will be issued by the Modesto Police Department Franchise Tow Administrator for each tow truck once the tow truck has passed CHP inspection. FRANCHISEE shall place the Modesto Police Department inspection sticker on the exterior windshield, upper left hand corner. Failure to display a valid inspection sticker shall, at a minimum, be deemed a failure to provide adequate service and may at the discretion of the officer or agent on scene result in the tow being cancelled. Storage lots/facilities will also receive a bi-annual inspection by the Modesto Police Department at no additional cost to the FRANCHISEE.

E All tow trucks shall maintain a broom, shovel, reflective triangles, fire extinguisher and a covered container with a minimum of 5 gallons of absorbent at all times.

F. FRANCHISEE hereby allows the Modesto Police Department to inspect any and all storage lots/facilities, used to store CITY generated tows, business office(s), and all equipment owned by FRANCHISEE at any time and for any reason, with or without notice. FRANCHISEE shall not utilize a tow truck on a CITY generated tow that has not been inspected and issued a valid inspection sticker by the Modesto Police Department.
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12 G. All tow trucks shall be clearly marked with the FRANCHISEE’S business name, address and telephone number on both sides of the vehicle FRANCHISEE shall not display any sign or engage in any advertisement indicating an official connection with the CITY or the Modesto Police Department; (e.g., “Official Modesto Police Tow,” “Approved by MPD,” etc.). This will not preclude the Chief of Police, or his designee, from implementing a system of marking and/or identifying particular tow trucks as having passed a Modesto Police Department inspection or as being certified as a FRANCHISEE for CITY generated tows.

H. Towed vehicles shall be loaded, secured and transported in compliance with this Agreement and all applicable local, state and federal rules, regulations and laws. Any violation of local, state or federal rules, regulations or laws, including, but not limited to a violation of the GVWR, safe loading requirements or a violation of the equipment requirements shall, at a minimum, be deemed a failure to provide adequate service.

I. It is the responsibility of the FRANCHISEE to provide a sufficient number of tow trucks to meet all the terms and conditions of this Agreement. The number of tow trucks listed in this Agreement is a minimum. It is the FRANCHISEES responsibility to determine the number and type of tow trucks required to fulfill all the requirements of this Agreement.

14. TOW MANAGEMENT SOFTWARE PROGRAM REQUIREMENTS
A. FRANCHISEE shall utilize the most recent, updated and upgraded tow management software program, to dispatch and track, via a web-based Internet connection. FRANCHISEE will be required to enter the towed vehicle information as instructed by the City. At no time will a vehicle be released, subject to lien, or junked from impound without all required data fields being entered into the tow management software program by the FRANCHISEE. The FRANCHISEE shall clearly identify and enter into tow management software program the name of the person to whom the vehicle was actually released. All City tow requests shall be made utilizing this program.

B. Failure at any time to have the tow management software program in full operation shall cause the immediate removal of the FRANCHISEE from the tow rotation and be grounds for immediate termination by the City. This does not include technical issues that occur from the tow management software and/or internet provider.

C. FRANCHISEE must enter into a separate agreement, or license for the tow management software program with the owner of the proprietary software. The City shall not provide the tow management software program, any licensing or sub-licensing thereof or any intermediary services for the procurement by the FRANCHISEE of the tow management software program. This Agreement shall not be executed by the City until the FRANCHISEE has demonstrated to the City’s satisfaction compliance with the requirements set forth herein. FRANCHISEE shall be liable for all fees, charges, prices, rates and service charges required from tow management software program.

D. The tow management software program shall be utilized in “real time” and all entries should reflect as such. Invoices shall be used from the tow management software program when releasing vehicles and be pursuant to section 22651.07 of the CVC. The only FRANCHISEE personnel authorized to utilize and access the tow management software program are those that have fully complied with the provisions set forth in Section 8, “Tow Driver’s Permit / Identification Badges” of this Agreement. If the FRANCHISEE is not in FULL compliance with the above stated requirement, the FRANCHISEE will be removed from the City towing rotation. Third party #3..
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13 dispatch call center personnel shall be exempt from the completion of the background process to utilize the tow management software program.

E. In the event that the current tow management software program fails to provide software services, or the City elects to utilize a new software provider, the FRANCHISEE will be required to use the replacement towing software system. If that occurs, all references to the tow management software program in this Agreement shall instead be interpreted as references to the new software program.

15. TOWING AND STORAGE CHARGES
A. The following schedule reflects the maximum rates established for services or materials in connection with any vehicle towed pursuant to a CITY generated non-consensual tow which includes but is not limited to the following.
i. Towing of all vehicles impounded by the CITY for investigation, as evidence in a criminal case, asset forfeiture or vehicles towed under the CVC including, but not limited to, CVC Section 14607.6 (vehicle forfeiture);
ii. Towing of vehicles involved in accidents, and/or stalled vehicles obstructing traffic, and/or vehicles illegally parked, and/or vehicles whose driver is incapacitated or physically unable to drive the vehicle, and/or vehicles whose driver has been arrested and/or detained and cannot drive the vehicle, and/or vehicles under the 30-day impound authority including, but not limited to, CVC Section 14602.6, and/or vehicles with five (5) or more outstanding parking citations;
iii. Towing of all vehicles necessitating special procedures to ascertain vehicle identification numbers, VIN tows, in compliance with requirements of the CVC; iv. Towing of any abandoned vehicle, inoperative vehicle, or abated vehicle, from any street, alley, highway, or any other private or public property in the CITY pursuant to the MMC and CVC including, but not limited, to MMC 3-2.1006 or CVC 22669 respectively; v. Towing any other vehicle or vessel as may be ordered by any police officer, police employee, or any other employee or agent of the CITY who is properly authorized to order such tow. This shall include, but is not limited to, any vehicle that is submerged, either wholly or in part. This shall also include, but is to, the removal and storage of any abandoned vessel from city streets/property, whether or not said vessel is attached to a trailer. vi. Towing trailers, boats, motor homes, etc. (ie) Trailer Towing Class A; Ball Hitch B. MAXIMUM CHARGES
Time expended on a CITY generated tow shall be charged at a rate not to exceed the rates set forth hereinafter. There shall be no additional charge(s) for towing after 5 p.m., weekend tows, holiday tows, use of a dolly or any other equipment, mileage and labor, which includes, but is not limited to, crane charges, winching and recovery from areas not accessible to the tow truck.

FRANCHISEE shall collect all towing and storage charges from the vehicle owner unless otherwise stated in this Agreement.
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14 Tow Fees
Year 1
Class A tow (GVWR – 14,000 pounds) $245.00
Class B tow (GVWR – 26,001 pounds) $400.00
Class C tow (GVWR – 48,000 pounds) $550.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $125.00 (any vehicle towed to MPD) Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 2
Class A tow (GVWR – 14,000 pounds) $250.00
Class B tow (GVWR – 26,001 pounds) $405.00
Class C tow (GVWR – 48,000 pounds) $560.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $130.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 3
Class A tow (GVWR – 14,000 pounds) $255.00
Class B tow (GVWR - 26,001 pounds) $410.00
Class C tow (GVWR – 48,000 pounds) $570.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $135.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
In the event that CITY exercises its right to extend the term of this Agreement pursuant to Paragraph 2, Term of Agreement, the maximum amount allowed for towing shall be:

Year 4
Class A tow (GVWR – 14,000 pounds) $260.00
Class B tow (GVWR – 26,001 pounds) $415.00
Class C tow (GVWR – 48,000 pounds) $575.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $140.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
Year 5
Class A tow (GVWR – 14,000 pounds) $260.00
Class B tow (GVWR – 26,001 pounds) $420.00
Class C tow (GVWR – 48,000 pounds) $600.00
Class C- Special Equipment CHP Program Rate
Recovered Stolen Vehicles tow $170.00
Evidence Vehicle tow $145.00
Evidence Vehicle Tow-Heavy Duty Class “C” $550.00
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15 Additional Charge for 2nd tow truck required for removal of a vehicle. $75.00 (Must have direct approval by MPD officer on scene and must be itemized on the invoice.) Storage Fees:

Year 1
Outside Daily Storage Fee ………………….……...$65.00
Inside Daily Storage Fee……………………………$70.00
Class B/C Storage Fee…………………….. …….. $74.00
Year 2
Outside Daily Storage Fee ………………………... $67.00
Inside Daily Storage Fee………………………….. $72.00
Class B/C Storage Fee…………………….. …….. $76.00
Year 3
Outside Daily Storage Fee………………………... $70.00
Inside Daily Storage Fee…………………………. $75.00
Class B/C Storage Fee…………………………… $78.00
After business hours gate fee……………… …….. $100.00
In the event that the CITY exercises its right to extend the term of this Agreement pursuant to Paragraph 2, Term of Agreement, the maximum amount allowed for storage fees shall be:

Year 4
Outside Daily Storage Fee………………………... $72.00
Inside Daily Storage Fee…………………………. $77.00
Class B/C Storage Fee…………………………… $80.00
Year 5
Outside Daily Storage Fee………………………... $74.00
Inside Daily Storage Fee…………………………. $79.00
Class B/C Storage Fee…………………………… $82.00
After business hours gate fee……………………… $100.00
City of Modesto Vehicle Release Fee:

Illegal Parker / Abandoned Vehicle $120.00
Unlicensed Driver / Expired Registration $160.00
Suspended / Revoked Driver / Arrested Driver $250.00
DUI Driver $450.00
14602.7 CVC Seized Vehicles $450.00
The above rates represent the maximum a FRANCHISEE may charge on a CITY generated nonconsensual tow. A FRANCHISEE is not precluded from charging less when deemed appropriate. No FRANCHISEE, or their employee or agent, shall refer to any rate as the minimum required or set by CITY.

C. Time expended in excess of sixty (60) minutes on-scene may be charged in one-minute increments at a rate of $90.00 per hour and shall be properly documented on the FRANCHISEE’S invoice.

These additional service fees may be charged only under the following conditions or circumstances:
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16 i. When directed to “stand-by” by an authorized CITY employee or agent. “Stand-by” fees shall be billed to the Modesto Police Department on a separate invoice and shall include the name of the CITY employee or agent who authorized the charge and the Modesto Police Department case number.
ii. Necessary accident and/or recovery operations and when directed and approved by an authorized CITY employee or agent. This fee is the responsibility of the registered owner and shall be listed on the invoice with the name of the CITY employee or agent authorizing this charge.
iii.Special Equipment fees for Heavy Duty Rotation Tows: Pre-Authorization is required from the officer in charge of the scene and must be itemized on the invoice and all pricing shall follow what is on file with the California Highway Patrol related to their tow agreement program.
iv. When directed to tow a vehicle back to the Modesto Police Department for “Evidence” outside of the City of Modesto city limits.

D. Lock out fees: When directed by an authorized CITY employee or agent to unlock a vehicle. Lock out fees may be charged at a rate of $55.00 per vehicle. Lock out fees shall be billed to the Modesto Police Department on a separate invoice and shall include the name of the CITY employee or agent who authorized the charge and the Modesto Police Department case number. (Ex. FRANCHISEE is called out to only unlock a vehicle so a search warrant can be executed.) Lock out fees cannot be charged in addition with towing fees. This type of call will count as the FRANCHISEE’s rotation call.

E. The schedule of rates charged by FRANCHISEE shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the non-consensual tow services were provided or his/her agent at the scene.

F. Vehicles stored twenty-four (24) hours or less shall be charged for no more than one-day storage.

Each day of storage thereafter shall be calculated by calendar day (Civil Code Section 3068.1).

G. If a request for a non-consensual tow is cancelled by the CITY or vehicle’s owner/agent prior to the FRANCHISEE taking possession of the vehicle, there shall be no charge to the CITY or to the vehicle owner by the FRANCHISEE
H. FRANCHISEE may charge a fee for lien sale preparations in compliance with California Vehicle Code Section 22851.12. All lien preparations and/or sales performed by FRANCHISEE shall be done in strict compliance with all applicable laws. All forms shall be accurate and complete.

I. Notwithstanding any other provision of this Agreement to the contrary, any violations of sections 15(A) through 15(G) shall, at a minimum, be deemed a failure to provide adequate service and a material breach of this Agreement, and shall constitute grounds for up to immediate termination of this Agreement.

J. FRANCHISEE shall furnish a fully itemized billing to the vehicle owner or agent at the time of payment and/or upon request of the vehicle owner or agent. Failure to do so shall, at a minimum, be deemed a failure to provide adequate service.
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17 K. FRANCHISEE shall accept a valid bank credit card or cash tendered by the registered owner, legal owner or the owner’s agent claiming the vehicle for payment of towing and/or storage (CVC Section 22651.1). Appropriate credit card equipment shall be located at the primary business location and available for immediate processing from each tow truck. Failure to do so shall, at a minimum, be deemed a failure to provide adequate service L. A record of all vehicles towed by FRANCHISEE under this Agreement shall be retained by the FRANCHISEE and shall be readily available for inspection and/or transcription or copying at the primary business location of the FRANCHISEE for a minimum of three (3) years. Failure to retain and provide complete and accurate records upon request of the CITY shall, at a minimum, be deemed a failure to provide adequate service. All records shall contain the following information i. Date and time vehicle towed
ii. Modesto Police Department Case Number
iii. License Plate/Vehicle Identification Number
iv. Date and time of vehicle release
v. Year, Make and Model of Vehicle
vi. Copy of Modesto Police Dept. Vehicle Release (if applicable) vii. Date Lien Filed (if applicable)
viii. Date Lien Sale (if applicable)
ix. All Lien Documents (if applicable)
x. All DMV paperwork (if applicable)
M. FRANCHISEE shall post the Modesto Police Department case number on the windshield of any and all vehicles towed and stored by CITY. Failure to do so shall at a minimum be deemed a failure to provide adequate service.

N. A trailer with a vessel as a load (e.g. boat, motorcycle, jet ski,) shall be considered one vehicle for the purposes of the maximum rate allowed for tow and storage.

16. RELEASE OF VEHICLES
An authorized Modesto Police Department employee will authorize the release of a vehicle through the tow management software program. Once the tow management software program authorizes the release of a stored or impounded vehicle, it is the FRANCHISEE’s responsibility for the vehicle’s release. The FRANCHISEE is hereby granted authority to release to the registered owner, legal owner, or authorized representative, pursuant to section 22850.3 of the CVC.

17. RELEASE OF MULTI-DAY IMPOUNDS
A vehicle impounded with a multiple day hold (ex: 30-day hold) may only be released prior to the impound period with written authorization by the City in the tow management software program. The #3..
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18 tow management software program will automatically schedule the release date of an impounded vehicle.

18. UNAUTHORIZED RELEASE
Unauthorized release of an impounded vehicle, accidental or otherwise, not officially released by the City, and determined to be the fault of the FRANCHISEE, will result in the issuance of a violation as set forth in this Agreement.

19. RESPONSE / RESPONSE TIMES
A. FRANCHISEE shall respond to a dispatch order for a CITY generated tow and be on-scene within thirty (30) minutes of the time of dispatch by a Stanislaus Regional 911 dispatcher, a police officer, a community service officer, employee, agent, or other officer of the CITY who has been duly authorized to request tow services. The dispatcher shall record the time of dispatch into the incident history. The dispatcher’s computer entry record shall be the official time piece for the time of dispatch. If the tow truck arrives on scene after the thirty (30) minute requirement, the dispatcher or the officer on scene shall log the time of arrival into the incident history. The officer’s or dispatcher’s computer entry record shall be the official time piece for the time of arrival of the tow truck.

Failure of the FRANCHISEE to respond to a call with necessary towing equipment (i.e. flat bed, conventional rig etc.) at the designated point of the tow within thirty (30) minutes may, at the discretion of the officer on scene result in the FRANCHISEE being cancelled. Three (3) failures by the FRANCHISEE to respond to a call at the designated point of tow within thirty (30) minutes in a calendar year, commencing April 13, 2014, shall result in a failure to provide adequate service
Exception: Tows requested off the Over Weight Vehicle List shall respond to a dispatch order and be on scene within forty-five (45) minutes of the time of dispatch by a Stanislaus Regional 911 dispatcher, a police officer, community service officer, employee, agent, or other officer of the CITY who has been duly authorized to request such tow services. Three (3) failures by the FRANCHISEE to respond to a tow request from the Over Weight Vehicle List and furnish a tow truck capable of towing the vehicle at the designated point of tow within forty-five (45) minutes shall be deemed a failure to provide adequate service.

B. Any officer or CITY employee may at his/her discretion cancel a tow that in his/her opinion is unable to provide the necessary equipment to safely tow the vehicle.

C. FRANCHISEE shall maintain a phone line dedicated to Stanislaus Regional 911. Said phone line will be staffed twenty-four (24) hours a day, seven (7) days a week, including weekends and holidays. If the FRANCHISEE fails to answer the dedicated phone, they will be passed and fall to the bottom of the list. Three (3) failures by the FRANCHISEE to answer their designated phone line in a calendar year, commencing ___________, 2017, shall result in a failure to provide adequate service.

20. NON-RESPONSE
The FRANCHISEE shall update the tow management software program at the time of dispatch to a tow rotation request. If the FRANCHISEE is either unable to respond or unable to meet the maximum response time, the tow operator shall immediately update the tow management software program #3..
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19 accordingly. If, after accepting the call, the FRANCHISEE is unable to respond or will be delayed in responding, the FRANCHISEE shall immediately update the tow management software program accordingly.

To decline or refuse to respond will be considered a non-response. Each non-response will be immediately documented in the DTS system. Each non-response will be logged by the tow management software program and reviewed by the City. Three (3) failures to respond to a City generated tow in a calendar year, commencing ____________, 2022, shall result in a failure to provide adequate service.

21. ROTATION TOW LIST
A. The CITY will make a good faith effort to provide an even distribution of work among the FRANCHISEES. A list shall be established for non-consensual towing of all vehicles with a GVWR of 10,000 pounds or less. FRANCHISEE agrees to the rotation system established by CITY.

B. A separate list (Over Weight Vehicle List) will be established for non-consensual towing of vehicles with a GVWR of 10,001 pounds or more. FRANCHISEES who own or lease a tow truck with a minimum GVWR of 26,001 pounds may be placed on the Over Weight Vehicle List on a voluntary basis. However, once placed on the Over Weight Vehicle List FRANCHISEE shall give thirty (30) calendar days written notice to the Franchise Tow Administrator in order to be removed from the Over Weight Vehicle List.

C. This Agreement applies to non-consensual towing as defined in this Agreement. Nothing contained herein shall be construed to regulate consensual tows.

D. CITY reserves the right to request any tow company, regardless of its position on the rotation tow list.

22. AUDITING OF CHARGES AND SERVICES
A. The CITY reserves the right to audit all records, charges, and/or services provided by FRANCHISEE pursuant to this Agreement. CITY’s duly authorized representative shall have access to and the right to examine, transcribe, and/or copy, during business hours, as defined in Section 10 (B) (i), any and all reports, records, documents, and/or files necessary in order to audit and verify charges and services provided by FRANCHISEE under this Agreement. A complete record of all vehicles towed by FRANCHISEE pursuant to this Agreement, including, but not limited to; date and time of tow, Modesto Police Department case number, license plate number, vehicle identification number, date and time of release, year, make and model of vehicle, copy of Modesto Police Department vehicle release (if applicable), all lien and sale documents (if applicable) and vehicle disposition, shall be readily available for inspection at the primary business location of the FRANCHISEE and provided to CITY promptly upon request, and shall be retained for a minimum of three (3) years.

23. RESPONSIBILITY
A. FRANCHISEE shall be responsible for the protection of all CITY generated towed and/or stored vehicles in its possession until the vehicle has been released to its owner, or disposed of through the legal process, and shall be responsible for safeguarding all articles or property left in the towed and/or stored vehicle.
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20 B. FRANCHISEE shall release personal property from a towed/stored vehicle at the request of the vehicle owner or his/her agent, subject to the below listed exceptions. (Personal property is considered to be items, which are not affixed to the vehicle; i.e. papers, cell phones, pull out stereos, clothes, luggage, tools, cargo, etc.) EXCEPTION: No personal property shall be released from vehicles impounded by CITY for evidence, investigation, asset forfeiture or vehicle forfeiture without prior authorization from the towing officer or the Tow Franchise Administrator.

C. Any vehicle towed by the Modesto Police Department for evidence, investigation, asset forfeiture and vehicle forfeiture (CVC Section 14607.6) and stored by the FRANCHISEE shall be stored at the primary storage facility and shall not be moved until authorized by the Chief of Police, the Tow Franchise Administrator or their designee. The need for inside storage shall be indicated on the tow sheet. Vehicles towed by the Modesto Police Department for evidence, investigation, asset forfeiture and vehicle forfeiture (CVC Section 14607.6) shall not be lien sold until such time as the Modesto Police Department Tow Franchise Administrator provides the FRANCHISEE with a written release of the vehicle.

D. FRANCHISEE shall not release any vehicle that is marked as an “Agency Hold” on the Vehicle Report without a the release in the tow management software program and/or signed Modesto Police Department Vehicle Release form.

E. FRANCHISEE shall ensure that all debris and fluids are cleared from the scene of a CITY generated tow prior to leaving the scene.

24. COMPLIANCE WITH THE LAW
A. FRANCHISEE and its tow truck driver(s) and employees must be in compliance with all terms and conditions of this Agreement and all applicable federal, state, and local laws, rules, and regulations which are in force or become effective during the franchise period which, in any manner, affect towing and storage of vehicles, including, without limitation, the requirement that any person who drives a tow truck for FRANCHISEE is properly licensed and permitted and that all tow trucks meet any and all applicable Vehicle Code requirements.

B. In the event that FRANCHISEE is cited, arrested, charged, or convicted for any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, driving while under the influence of alcohol and/or drugs, possession and/or sales of drugs or crimes of moral turpitude, FRANCHISEE may be immediately suspended or terminated at the discretion of the Chief of Police. FRANCHISEE shall notify the Tow Administrator within seventy-two 72 hours of any citation, arrest or conviction of the FRANCHISEE.

C. In the event that FRANCHISEE’s employee is cited, arrested and/or charged and/or convicted for any misdemeanor or felony driving offense, any crime involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, driving while under the influence of alcohol and/or drugs, possession and/or sales of drugs or crimes of moral turpitude, notwithstanding any provision of this Agreement to the contrary, the employees Tow Driver Permit may be immediately suspended or revoked. FRANCHISEE shall notify the Tow Administrator within seventy-two (72) hours of FRANCHISEE becoming aware of any such citation, arrest, charging or conviction.
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21 D. In the event that any FRANCHISEE employee is cited for any two (2) infractions while operating a tow truck within a rolling 12-month period, the employee’s tow driver’s permit may, at the discretion of the Chief of Police, be suspended or terminated. The FRANCHISEE shall notify the Tow Administrator within seventy-two (72) hours of becoming aware of any such citation having been issued to an employee.

E. Nothing in Paragraph 19 of this Agreement shall in any way affect the “at will” nature of this Agreement, or the right of any party to this Agreement to terminate it without cause on thirty (30) day written notice, as provided in Paragraph 2, above.

25. FAILURE TO PROVIDE ADEQUATE SERVICE/DISCIPLINARY ACTION A. Except as otherwise provided in this Agreement, FRANCHISEE’S failure to meet any of the terms and conditions of this Agreement shall be deemed a failure to provide adequate service.

Any failure to provide adequate service is a violation of the terms of this Agreement and shall result in the following disciplinary action unless otherwise stated in this Agreement:
i. First violation within a calendar year commencing with the start date of the agreement, ________, 2022, Written Notice via certified mail
ii. Second violation within any calendar year commencing _______, 2022 Written Warning via certified mail.
iii. Third violation within any calendar year commencing _______, 2022, thirty (30) Day Suspension.
a. Upon serving a suspension of any length the FRANCHISEE must pay a reinstatement fee of five hundred dollars ($500.00). The suspension will not be lifted until the reinstatement fee is received by the Chief of Police or his/her designee through the Franchise Tow Coordinator.

B. Nothing herein shall be deemed to prohibit the Chief of Police, or his designee, from imposing an immediate suspension and/or termination on any FRANCHISEE and/or employee(s) whose conduct, in the opinion of the Chief of Police, or his designee, is considered to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement.

C. Nothing in Paragraph 20 of this Agreement shall in any way affect the “at will” nature of this Agreement, or the right of any party to this Agreement to terminate it without cause on thirty (30) day written notice, as provided in Paragraph 2, above.

26. FRANCHISEE’S REVIEW/APPEAL
A. FRANCHISEE may request a review of a violation within ten (10) calendar days of receipt of the notice of violation by submitting a request in writing to the Administrative Services Supervisor. If a review is requested by FRANCHISEE, it shall be done as soon as practicable by the Administrative Services Supervisor or his/her designee. FRANCHISEE shall be notified in writing of the Administrative Services Supervisor’s decision(s) within ten (10) calendar days of the date of completion of the review. The Administrative Services Supervisor’s decision on review of the violation shall be final.
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22 B. Following receipt of a notice of suspension, FRANCHISEE may appeal the suspension by submitting a request in writing to the Chief of Police within ten calendar days of receipt of the decision. If an appeal is requested, it shall be done as soon as practicable. On appeal, the FRANCHISEE may raise the alleged invalidity of any violation upon which the CITY relies in imposing the suspension for which review has previously been sought. The appeal shall be decided in a hearing conducted in accordance with the provisions of section 1-6.504 through 1-

6.507 of the Modesto Municipal Code by an Administrative Hearing Officer appointed by the City Manager or his/her designee.

C. A suspension resulting from a violation shall not be imposed until the review and/or appeal process for that violation or suspension, if it has been timely requested, has been exhausted, except where this Agreement permits an immediate suspension or termination or where a FRANCHISEE’S conduct is deemed to be a danger to the motoring public or who has engaged in conduct constituting a gross violation of this Agreement. Failure to request a review or appeal in writing within the time specified or failure of FRANCHISEE to appear at a scheduled review or appeal hearing shall constitute a waiver of his or her right to a review or appeal and adjudication of the violation and/or disciplinary action and the violation and/or disciplinary action shall become final.

27. MOTOR CARRIER PERMIT/OTHER PERMITS AND LICENSES
A. FRANCHISEE must possess a current/valid Department of Motor Vehicles Motor Carrier Permit.

B. FRANCHISEE and his/her officers, officials, employees and agents shall obtain and maintain during the term of this Agreement all necessary licenses, permits and certificates required by law for the conduct of FRANCHISEE’S activities and for the provision of services hereunder, including a business license issued by the City of Modesto.

C. Failure to comply with any provision of Paragraph 23 shall be grounds for immediate suspension and/or termination of this Agreement.

28. EXPERIENCE/SALE OR TRANSFER OF BUSINESS
A. FRANCHISEE must have owned a towing business in the State of California for a minimum of two (2) years immediately preceding the date of its application for a non-exclusive nonconsensual towing service franchise.

B. FRANCHISEE agrees that sale or transfer of the controlling interest in FRANCHISEES Tow Company shall immediately terminate this Agreement.

29. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding among the parties with regard to the matters herein.

The terms of this Agreement are contractual and not a mere recital. There have been no representations, promises, or inducements of any kind made by any party other than those that appear as signatories hereto. Each covenant and condition mentioned in this Agreement is material consideration for each party to enter into this Agreement.
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23 30. PARTIES TO AGREEMENT.

This Agreement is intended to confer rights and benefits only on the signatories hereto and is not intended to confer any right or benefit upon any other person or entity. No person or entity other than the signatories hereto shall have any legally enforceable right under this Agreement. All rights of action of any breach of this Agreement are hereby reserved to the signatories hereto.

31. VOLUNTARY AND KNOWING AGREEMENT.

Each of the parties hereto states that this Agreement voluntarily and with knowledge of its significance and legal effect.

32. AUTHORITY AND COMPETENCY.

Each party hereto expressly warrants and represents that the person executing this Agreement on its behalf is legally competent to and is authorized to enter into this Agreement and to bind said party to their representations, terms, conditions, and covenants as set forth herein.

33. BINDING EFFECT.

This Agreement shall be binding upon and shall insure to the benefit of the signatories and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, affiliated and related entities, officers, directors, principals, agents, employees, assigns, representatives, and all persons, firms, associations, and/or corporations connected with them including, with limitation, their insurers, insureties, and/or attorneys.

34. SEVERABILITY.

If any provision or any part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any public policy, law, stature and/or ordinance, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

35. ASSIGNMENTS.

The TOWING CARRIER shall not assign, subcontract or transfer by operation of law any obligation hereunder without prior written consent of the CITY.

36. INDEPENDENT CONTRACTOR.

The TOWING CARRIER is and shall at all times remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its officers, employees nor agents shall have control over the conduct of the TOWING CARRIER nor any of the TOWING CARRIER’S officers, employees nor agents, except as herein set forth. The TOWING CARRIER shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers or agents of the CITY.

37. NOTICE This Agreement may be terminated by either party, without prejudice, upon thirty (30) days written notice to the other party. Any notice to be given pursuant to this Agreement by either party to the other shall be deposited with the United States Postal Service, postage prepaid. #3..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: May 12, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Approval of slogan “Modesto Mo’ Beautiful,” selected by the Blight Abatement Advisory Committee, for blight-related outreach
CONTACT: Myriah Hill, Admin Services Technician, [email protected], 209-577-5458 DESCRIPTION:

Consider approving the slogan “Modesto Mo’ Beautiful,” selected by the Blight Abatement Advisory Committee for education and outreach programs, in accordance with the Blight Abatement Strategy, and forwarding to Council for approval. (Funding Source: Not applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:

Great Quality of Life: Increase pride in Modesto’s neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.

BACKGROUND:

In December 2019, by Resolution 2019-555, City Council approved the Blight Abatement Strategy that included goals to: 1) increase public/private participation through volunteer efforts and an advisory committee (goal #4), and 2) to increase public awareness through communication and education to benefit prevention efforts (goal #6).1 In October 2020, by Resolution 2020-428, City Council approved the formation of the Blight Abatement Advisory Committee (BAAC) and solicited membership of the committee’s nine members. According to the Blight Abatement Strategy and the BAAC charter, the group acts in an advisory capacity to the City Council and City Manager in matters pertaining to blight and blight abatement efforts, promoting public engagement, blight program improvements, and potential related funding and volunteer opportunities. 1 https://www.modestogov.com/DocumentCenter/View/18350/ #4..
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Safety and Communities Committee, June 13, 2022
Approval of slogan “Modesto Mo’ Beautiful,” selected by the Blight Abatement Advisory Committee for blight-related outreach

DISCUSSION:

The BAAC has met monthly since June 2021. Early meetings focused on educating the ninemember committee on the Blight Abatement Strategy and on current City programs to address blight. In the following months, the Committee has made recommendations on ways to improve City processes, including opportunities for streamlining, methods for successful education campaigns, and ways to engage the public on blight-related issues.

In December 2021, the BAAC convened a sub-committee on outreach and educations efforts with the goal of creating a slogan under which an outreach campaign could be organized. The subcommittee was presented with campaign ideas by Slate Communications. They then presented the top three slogans to the entire Committee. On April 6, 2022, the BAAC voted to recommend the slogan “Modesto Mo’ Beautiful” to City Council for approval).2 A sample of the slogan in use on advertising artwork is included in Attachment 1.

The Committee intends to collaborate with City staff to further develop outreach materials using the slogan “Modesto Mo’ Beautiful” as an anchor that connects the various blight abatement services the City offers. These advertisements can include flyers, signs, mailers, and social media and website content with greater details on specific City programs and calls to action.

The education and outreach campaign would be implemented by City staff, but resources would be available to private and community organizations to conduct their own outreach with City materials. This aligns with the Blight Abatement Strategy’s goal of supporting public/private partnerships to discourage blight and engage the community.

FISCAL IMPACT:

This item is administrative in nature; therefore, there is no fiscal impact.

Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Draft advertisement
2 https://www.modestogov.com/AgendaCenter/ViewFile/Minutes/_04062022-1354 #4..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: May 12, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Consideration of a Pilot Safe Parking Program
CONTACT: Edgar R. Garcia, Housing and Urban Development Supervisor, [email protected], 209-571-5101
DESCRIPTION:

Consider recommending for Council approval a pilot Safe Parking Program at the parking lot at 9 th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager, or his designee, to negotiate the terms and execute a Memorandum of Understanding with the County of Stanislaus, Salvation Army, and Stanislaus Foods Products (SFP) for the use of the site. (Funding Source: America Rescue Plan Funding) STRATEGIC PLAN ELEMENT:

This item supports the City Council’s 2020-2025 Strategic Plan, Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues; and Goal C: In partnership with public agencies and other key stakeholders, develop and implement a comprehensive housing and homelessness action plan.

BACKGROUND:

Many individuals experiencing homelessness in Modesto are living in their vehicle.

Residents and businesses have expressed concerns with the rising number of individuals living in their vehicle parked in areas across the community, and data shows that police personnel are frequently responding to calls for service involving individuals and families living in their vehicle that are parked on private property.

To help address these concerns, cities and counties across the country have developed parking programs for individuals experiencing homelessness who are living in their vehicles. These programs, commonly referred to as safe parking, would provide a place #5..
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Safety and Communities Committee, June 13, 2022
Consideration of a pilot Safe Parking Program

to park safely each night and is aimed at helping address the homelessness crisis.

These programs are supplemental to shelters, providing an additional location for individuals and families, to stay overnight, without the fear and stress of constant relocation or vehicle impoundment. Parking programs have been integrated across the State of California to support individuals experiencing homelessness by connecting to supportive services. Safe parking sites offer what is commonly referred to as a “stabilization point” – meaning that people do not have to spend resources on where they will be sleeping each night, which means that they are can be more equipped to accepting services, permanent shelter, and employment opportunities. Safe parking programs vary significantly from overnight-only sites that serve operable, passenger vehicles, to 24/7 sites that serve both RVs and passenger vehicles. However, there are common elements in the design for all of these programs, and they include the following:
access to basic sanitation services, sense of community, consistent codes of conduct, connection to services, and reduction of barriers for participation.

The City’s Safety and Communities Committee, on November 8, 2021, directed staff to move forward vetting locations to establish a safe parking pilot program.

DISCUSSION:

Based on this direction, City staff has vetted best practices in other communities and has reviewed various locations for the safe parking program to determine the most viable location to launch this program. The City approached SFP, Stanislaus County and the Salvation Army to explore the use of the parking lot located at the corner of 9th and B Streets identified in red below:

The proposed safe parking program will serve homeless individuals and families experiencing homelessness and using their vehicle as their primary residence. The program will be in operation seven (7) days/week, for at least 12 hours each day from July 1st to December 31st.

Individualized professional case management and supportive services, including housing search and placement, and employment development will be available to each client. The location will have on-site security, potable water, portable restrooms, and garbage service available.

Parking Lot
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Safety and Communities Committee, June 13, 2022
Consideration of a pilot Safe Parking Program

The pilot program will launch with a capacity of 25 vehicles. Vehicles will need to be in working condition and RV’s will not be allowed. Interested clients may request a space by visiting the Salvation Army. At such time, a staff member will complete an intake form on behalf of the interested client, this will require a current driver’s license, current insurance, and current registration. Interested clients will be made aware of the requirements associated with staying at the site and must sign acknowledging that they will comply with the requirements or could be removed from the program. Following the review of the intake forms, participants will be required to complete a criminal background check. Following the review and approval of the required documents by Salvation Army personnel, staff will notify the client and will assign a parking space and badge. If clients are not approved, Salvation Army personnel will make clients aware and advise them of the reasons for denial and will refer them to other available resources.

Approved clients will be required to ensure that their parking badge is visibly placed on the dashboard of their vehicle at all times. Upon entry into the lot, the client will be required to ensure that they check-in with security and advise of the number of individuals in their vehicle.

Clients are welcome to access the portable restrooms, dumpsters, and water during the program operational hours.

The City is currently finalizing negotiations with the Salvation Army, SFP, and County of Stanislaus for the use of the site. The parcel of interest is currently owned by SFP and is leased to the County of Stanislaus to serve as a parking lot for the Access Center Emergency Shelter (ACES). The City has been in communication with SFP and the County and they are both amenable to subleasing the lot to the Salvation Army for use as a pilot safe parking program with specific restrictions. The City intends to finalize negotiations with all parties within the next 30 to 60 days and begin operation of the program.

If approved, the City will be responsible for overseeing the program and will be responsible for funding the operation throughout the term of the contract. The Salvation Army will be responsible for day-to-day administration of the program and will be responsible for supporting individuals with case management to help clients secure vital documents, social services, and assist them with obtaining housing. The Salvation Army will also hold agreements with vendors to help support the basic needs of the clients for the duration of the program and these services will include portable restrooms, garbage, and security service. Administrative staff will also ensure the site is maintained and equipped with cameras, lighting, and signage with the rules posted on them. The signage will also include a phone number that will reach overnight Salvation Army personnel for site-related concerns.

The City intends to actively evaluate the program to identify areas of improvement. Following a 6-month period, the City intends to return to the City Council to identify successes, challenges, and recommend a more permanent solution that may include a continuation of the program, or alternative ways to serve this population.

FISCAL IMPACT:

The fiscal impact of the program for the 6-month period is expected to not exceed $200,000 or approximately $33,333 per month. The cost will be covered with funds received through the American Rescue Plan and will not impact the General Fund. #5..
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Safety and Communities Committee, June 13, 2022
Consideration of a pilot Safe Parking Program

Approved by:

Jaylen French, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Program Proposal
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1 Safe Parking
Program Proposal

SUMMARY
A significant percentage of individuals experiencing homelessness in Modesto are living in their vehicle. Residents and businesses have expressed concerns with the rising number of individuals living in their vehicle parked in areas across the community, and data shows that police personnel are frequently responding to calls for service involving individuals and families living in their vehicle that are parked on private property.

City of Modesto leaders as well as leaders from Stanislaus County have shown interest in developing a safe park program for homeless individuals who reside in their vehicle.

Safe parking is a tool to address the homelessness crisis and has become an alternative to shelters, to provide a consistent location for individuals and families, to stay overnight, without the fear and stress of constant relocation or vehicle impoundment. These types of programs have been integrated across the State of California to support individuals experiencing homelessness with being connected to supportive services, shelter, and housing resources.

On November 8, 2021, the City’s Safety and Communities Committee directed staff to move forward with a proposal for a pilot program. Based on the success in other communities, City staff is confident that the parking program will help build trust with the community experiencing homelessness which will foster service acceptance, reduce crime, and reduce homelessness. The following pages outline the structure of the proposed program, intake procedure, and budget.
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2 Definitions

1. “Safe parking” refers to a parking lot or location where homeless individuals and families with vehicles a place to temporarily park overnight in order to facilitate the transition to permanent housing.

2. “Social service provider” means an agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self- determination through a comprehensive array of programs and actions.

3. “Case management” means a system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs.

4. “Self-sufficiency program” means a program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance.

5. “Background check” means a criminal record check from a variety of public sources that would provide information regarding an individual’s possible criminal history.

Structure of Program
The Safe Parking Pilot Program intends to serve twenty-five homeless individuals and families using their cars as their primary residence while working to transition to permanent housing.

The program will be located at the Salvation Army parking lot located at 9th and B streets in the City of Modesto, highlighted red in the image below:
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3 The program will be in operation seven (7) days/week, for 12 hours each day for six months. Individualized professional case management and supportive services, including housing search and placement will be available to each client. The location will have on-site security, potable water, portable restrooms, and dumpsters available.

Interested clients may request a space by visiting the Salvation Army. At such time, a staff member will complete an intake form on behalf of the interested client, this will require a current driver’s license, current insurance and current registration and information regarding all individuals that are residing in the vehicle. Interested clients will be made aware of the requirements associated with staying at the safe park and will be required to sign acknowledging that they will comply with the requirements or face possible program termination. Following the review of the intake forms, participants will be required to complete a criminal background, and sex offender check. Following review and approval of the required documents by Salvation Army personnel, staff will notify the client to make them aware and will assign a parking space and badge. If clients are not approved, Salvation Army personnel will make clients aware and advise them of the reasons for denial and will refer them to other available resources.

Approved clients will be required to ensure that their parking badge is visibly placed on the dashboard of their vehicle at all times. Upon entry into the lot, the client will be required to ensure that they check-in with security. Clients are welcome to access the portable restrooms, and water during the program operational hours.

Structure Summary
 Hours of Operation
o This parking lot will be available every day, including holidays. o Hours of operation will be from 7pm to 7 am – reentry will not be allowed if a client decides to leave.
 Entry range 7pm-9pm and clients are expected to leave the parking lot by 7 am each morning.
 Security staff and Salvation Army personnel will ensure only program participant vehicles are on site in the designated area during the allowable times. Salvation Army personnel and security staff will also ensure that all vehicles leave the site by 7 am.
o All vehicles and program participants will be pre-registered for the program before program entry.
 Basic Needs
o Potable water: Will be available within the Safe Parking vicinity. o Portable restrooms: Shall be made available and will be serviced on a regular basis by a third-party contractor.
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4 o Garbage service: Shall be made available and will be serviced regularly by a thirdparty contractor.  Vehicle Types Allowed / Vehicle Regulations
o A maximum of 25 vehicles may be allowed (No RVs will be allowed) o Case Managers will complete program intakes and verify participant and vehicle documentation to ensure program eligibility.
o All vehicles must be operable
o Currently registered with the California Department of Motor Vehicles.  The registered owner of the car must be one of the individuals. o Proof of insurance must be provided for each vehicle. o The driver of each vehicle must possess a valid driver’s license. o Vehicles that leave the Parking Lot may not return until after 7:00 p.m. the next day. o Vehicle must be operational
 If the vehicles become non-operational, the owner will be responsible for relocation/removal of the vehicle. If a vehicle required to be towed, it will be towed at the owner’s expense.
 Intake Procedure and Agreement
o Each client will be required to review the intake procedure and sign the policies that require compliance in order to continue serving as a client. The policies include the following:
 Pets must be on a leash and proof of vaccination will be required.  No food service of any kind onsite
 No open flames of any kind (heaters, barbeque grills, etc)  No generators, solar/battery power is allowed
 No car maintenance or repair
 Drug and weapon free zone
• No alcohol or marijuana
 Exterior Storage Prohibited. Outdoor storage around parked vehicles shall be prohibited. Tents, tarps, and other temporary outdoor shelters, either affixed to a participant’s vehicle or freestanding, shall be prohibited.  No visitors will be allowed on the property.
o Salvation Army will provide a parking pass that must be presented at each entry and remain visible while on site
o Program participants who miss three (3) consecutive nights without notice to a case manager regarding their absence may be removed from the program on the fourth night.
 Participant Eligibility
o Must be a Stanislaus County resident
o Individuals/households are eligible to participate in these programs if they meet the following criteria:
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5  Agree to HMIS Data Collection
 Must be willing to work with service providers and case managers during program enrollment
 A criminal background check will be completed by Salvation Army staff and may take 3-10 days.
• Must not have outstanding arrest warrants
• No registered sex offenders are allowed on-site.
 Services
o Program participants agree to participate in case management services to assist with stabilization, self-sufficiency, and housing.
 All program participants must meet with a case manager within 7 days of program entry.
 Families with minor children must meet with a case manager within 3 days • Families with minor children will be referred to service providers such as CSA, alternate family shelters, and family services upon intake.
 Infrastructure and Maintenance
o Administration: Salvation Army personnel will administer this program with oversight and management from the City of Modesto.
 A budget contingency of 20% will be set aside for miscellaneous expenses of the program, including damage and/or waste at the site. o Ongoing maintenance: Ongoing maintenance of the site shall be the responsibility of the Salvation Army.
o Each parking space will be assigned a number and will be clearly marked with markings that illuminate the spaces.
o The lot will include sufficient lighting to promote the safety of staff and clients. The lighting will be provided and maintained by the Salvation Army in accordance with a third-party contractor.
o Cameras will be added to the area to ensure sufficient monitoring of the facility.  Security Services
o Fencing
o Signage with key rules that includes the 24-hour hotline number o Security cameras
o Security staff
 Security staff will monitor site and enforce site rules and hours of operation.  Security Staff reserve the right to contact appropriate authorities including law enforcement in the event of rules/legal/safety violations or concerns.  Special Protocols
o The Salvation Army will provide appropriate accommodations in the #5..
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6 event of extreme weather conditions.
o Staff will contact or provide appropriate referrals for special circumstances including medical, behavioral health, or substance use as needed.
o In the event that a client does not comply with specific rules, and is subject to program termination, security staff will ask the client to leave the premises or face possible arrest or removal by the Modesto Police Department.
6-Month Budget
The estimated cost for the 6-month pilot program is $185,640, as shown below:

Budget Cost per month Cost for six months
Security $18,000 $108,000
Staffing/ Case
Management $5,000 $30,000
Portable
Restrooms $450 $2,700
Water $450 $2,700
Garbage $650 $3,900
Camera(s) $2,500 $2,500
Lighting ($2500
initial cost) $2,900 $4,900
Contingency (20%) $5,990 $30,940
Total $35,940 $185,640
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7 Safe Park Intake Forms
Client Name:

Phone Number: Emergency Phone Number:

Vehicle Make: Vehicle Model:

Vehicle Color: License Plate Number:

Driver’s License Number: Number of People in Vehicle:

Household Members: Please list all household members that will be staying in the vehicle.

Name Age Relationship Phone Number
List of Documents Attached: Instructions: Please review the following list of items that need to be included for the Application Packet. All items must be submitted for review for program consideration and approval.

Driver’s License – Copy valid Driver’s License
Vehicle Registration – Copy of Evidence of current registration Proof of Vehicle Insurance – Copy of Evidence of current insurance HMIS Intake and Enrollment Form – One for each household member over 18 years of age (NOTE: include minor children’s income on Head of Household’s form) HMIS Intake Form/CHILD – Complete one for each child under 18 HMIS Consent Form – Signed by all adults over 18 who agree to HMIS data entry Consent to Background Check and Release of Liability Form – Signed by all adults over 18 #5..
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HMIS v. 14 Page 1 of 5
HMIS Intake and Enrollment Form
CoC/ESG/Private Funded
For persons entering HMIS project type: Emergency Shelter □ Also for persons entering CES Enrollment (reminder to collect the VISPDAT & Self-Sufficiency) Client ID:

Project Name:

Staff Completing HMIS Form:

Identification - All fields required unless otherwise noted First Name Middle Name
Last Name Suffix
Name Data Quality:

Did the client provide their full name?
Social Security Number (SSN)
- -
Birth Date (DOB)
/ /
□ Full Name Reported
□ Partial, street name, or code
name reported
□ Client Doesn't Know
□ Client Refused
□ Full SSN reported
□ Approximate or partial SSN
reported
□ Client Doesn't Know
□ Client Refused
□ Approximate or partial DOB
reported
□ Full DOB reported
□ Client Doesn't Know
□ Client Refused
Basic Demographics – All fields required unless otherwise noted Ethnicity
□ Hispanic/Latino(a)(o)(x) is a person of Central American, Latin American, or South American origin, separate from race. □ Non-Hispanic/ Non-Latino(a)(o)(x) is a person NOT of Central American, Latin American, or South American origin, separate from race. □ Client Doesn't Know
□ Client Refused
Race (Check all that apply)
□American Indian, Alaska Native, or Indigenous is a person having origins to any of the indigenous peoples of North and South America, including Central America.
□ Asian or Asian American is a person having origins of Asian descent, including but not limited to Chinese, Indian, Japanese, Korean, Pakistani, Vietnamese, or another representative nation/region.
□ Black, African American, or African is a person having origins to any of the Black racial groups of Africa, including Afro-Caribbean. □ Native Hawaiian or Pacific Islander is a person having origins in any of the indigenous peoples of Hawaii, Guam, Samoa, or another Pacific Island. □ White is a person having origins in any of the original peoples of Europe, the Middle East or North Africa. □ Client Doesn't Know
□ Client Refused
Gender (Check all that apply) Client authorizes update in HMIS if gender is different? □ Yes □ No □ Female is a person who lives or identifies as female. □ Male is a person who lives or identifies as male.
□ A gender other than singularly female or male(e.g., non-binary, genderfluid, agender, culturally specific gender) is a person who lives or identifies as a gender other than female, a gender other than male, a gender outside the binary, no gender, more than one gender, a culturally specific gender, or a gender that changes over time. □ Transgender is a person who lives or identifies with a transgender history, experience, or identity. □ Questioning is a person who may be unsure, may be exploring, or may not relate to or identify with a gender identity at this time. □ Client Doesn't Know
□ Client Refused
Veteran (Have you ever served in the U.S. Military?) □ Yes □ Client Doesn't Know □ No □ Client Refused
Name of Head of Household
Relationship to Head of Household
□ Self □ Dependent Child □ Other: Non-Family
□ Son □ Spouse Member
□ Daughter □ Other: Family Member
Disabling Condition □ Yes □ Client Doesn't Know
□ No □ Client Refused
Project Start Date / /
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HMIS v. 14 Page 2 of 5
Universal Data Assessment
Living Situation: Emergency Shelter Identify the type of residence and length of stay at that residence just prior to (i.e., program admission)

1. What was the situation you were living in
immediately prior to project entry? (The
night before)
□ Place not meant for habitation
□ Emergency shelter, including hotel or
motel paid for with emergency shelter
voucher or RHY funded Host Home
shelter
□ Safe Park
□ Foster care home or foster care group
home
□ Hospital or other residential nonpsychiatric medical facility □ Jail, prison or juvenile detention facility
□ Long-term care facility or nursing home
□ Psychiatric hospital or other psychiatric
facility
□ Substance abuse treatment facility or
detox center
□ Residential project or halfway house
with no homeless criteria
□ Hotel or motel paid for without
emergency shelter voucher
□ Rental by client, with VASH subsidy
□ Transitional housing for homeless
persons (including homeless youth)
□ Host Home (non-crisis)
□ Staying or living in a family member's
room, apartment or house
□ Staying or living in a friend's room,
apartment or house
□ Rental by client, with GPD TIP subsidy
□ Permanent housing (Other than RRH)
for formerly homeless persons
□ Rental by client, with RRH or
equivalent subsidy
□ Rental by client, with HCV voucher
(tenant or project based)
□ Rental by client in a public housing unit
□ Rental by client, with no ongoing
housing subsidy
□ Rental by client, with other ongoing
housing subsidy
□ Owned by client, with ongoing housing
subsidy
□ Owned by client, no ongoing housing
subsidy
□ Client doesn't know
□ Client refused

2. Length of stay in prior living situation? □ One night or less □ Two to six nights
□ One week or more, but less than
one month
□ One month or more, but less than 90
days
□ 90 days or more, but less than one
year
□ One year or longer
□ Client doesn't know
□ Client refused

3. What approximate date did you start living
on the streets, emergency shelter, or safe
park? (Approximate date homelessness
started)
/ /

4. Regardless of where they stayed last night
number of times the client has been on the
streets, in ES, or SH in the past three years
including today?
□ One Time
□ Two Times
□ Three Times
□ Four or more times
□ Client Doesn't Know
□ Client Refused

5. Total Number of months homeless on the
streets, in ES, or SH in the past three years?
□ One Month (this
time is the first month)
□ 2-12 ( months)
□ More than 12 months
□ Client Doesn't Know
□ Client Refused
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HMIS v. 14 Page 3 of 5
Universal Data Assessment
Living Situation: Coordinated Entry Identify the type of residence and length of stay at that residence just prior to (i.e., program admission) Literally Homeless Situations

1. What was the living Situation you were living in
immediately prior to project entry?
□ Place not meant for habitation
□ Emergency shelter, including hotel or
motel paid for with emergency shelter voucher
or RHY funded Host Home shelter
□ Safe Park

2. Length of stay in prior living
situation?
□ One night or less
□ Two to six nights
□ One week or more, but less
than one month
□ One month or more, but
less than 90 days
□ 90 days or more, but less
than one year
□ One year or longer
□ Client doesn't know
□ Client refused

3. What approximate date did you start living on
the streets, emergency shelter, or safe park
haven? (Approximate date homelessness started) / /

4. Regardless of where they stayed last night --
Number of times the client has been on the
streets, in ES, or SH in the past three years
including today?
□ One Time
□ Two Times
□ Three Times
□ Four or more times
□ Client Doesn't Know
□ Client Refused

5. Total number of months homeless on the
streets, in ES, or SH in the past three years?
□ One Month (this time is the first
month)
□ 2-12 ( months)
□ More than 12
□ Client Doesn't Know
□ Client Refused

6. Total number of months homeless on the
streets, in ES, or SH in the past three years?
□ One Month (this time is the first
month)
□ 2-12 ( months)
□ More than 12
□ Client Doesn't Know
□ Client Refused
Institutional Situations

1. What was the living Situation you were living in
immediately prior to project entry?
□ Foster care home or foster care group
home
□ Hospital or other residential nonpsychiatric medical facility □ Jail, prison or juvenile detention facility
□ Long-term care facility or nursing home
□ Psychiatric hospital or other psychiatric
facility
□ Substance abuse treatment facility or
detox center

2. Did you stay less than
90 Days
□ Yes (Continue to questions 3-4)
□ No ( Continue to question 3 and
then Enter Wellness Assessment)

3. Length of stay in prior living
situation?
□ One night or less
□ Two to six nights
□ One week or more, but less
than one month
□ One month or more, but less
than 90 days
□ 90 days or more, but less
than one year
□ One year or longer
□ Client doesn't know
□ Client refused

4. On the night before did you stay on the street,
Emergency Shelter, or Safe Park
□ Yes(Continue to
questions 5-7)
□ Client Doesn’t Know
□ No (Continue with
Wellness Assessment)
□ Client Refused

5. What approximate date did you start living on
the streets, emergency shelter, or safe park?
(Approximate date homelessness started)
/ /

6. Regardless of where they stayed last night --
Number of times the client has been on the
streets, in ES, or SH in the past three years
including today?
□ One Time
□ Two Times
□ Three Times
□ Four or more times
□ Client Doesn't Know
□ Client Refused

7. Total number of months homeless on the
streets, in ES, or SH in the past three years?
□ One Month (this time is the first
month)
□ 2-12 ( months)
□ More than 12
□ Client Doesn't Know
□ Client Refused
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HMIS v. 14 Page 4 of 5
Transitional & Permanent Housing Situations

1. What was the living Situation you were living
in immediately prior to project entry?
□ Residential project or halfway house with no
homeless criteria
□ Hotel or motel paid for without emergency
shelter voucher
□ Rental by client, with VASH housing subsidy
□ Transitional housing for homeless persons
(including homeless youth)
□ Host Home (non-crisis)
□ Staying or living in a friend's room, apartment
or house
□ Staying or living in a family member's room,
apartment or house
□ Rental by client, with GPD TIP subsidy
□ Permanent housing (Other than RRH) for
formerly homeless persons
□ Rental by client, with RRH or equivalent
subsidy
□ Rental by client, with HCV voucher (tenant or
project based)
□ Rental by client, in a public housing unit
□ Rental by client, no ongoing housing subsidy
□ Rental by client, with other ongoing housing
subsidy
□ Owned by client, with ongoing housing subsidy
□ Owned by client, no ongoing housing subsidy
□ Client Doesn’t Know
□ Client Refused
□ Data Not Collected

4. On the night before did you stay on the
street, Emergency Shelter, or Safe Park

5. What approximate date did you start living
on the streets, emergency shelter, or safe
park? (Approximate date homelessness
started)

6. How many times has the client been
homeless on the streets, in shelters in the past
3 years?

7. Total number of months homeless on the
streets, in ES, or SH in the past three years

2. Did you stay less than 7 Nights
□ Yes (Continue to questions 3-4)
□ No (Answer 3 then continue to
Wellness Assessment)
□ Yes(Continue to
questions 5-7)
□ Client Doesn’t Know
/ /
□ One Time
□ Two Times
□ Three Times
□ One Month (this time is the
first month)
□ 2-12 ( months)

3. Length of stay in prior living
situation?
□ One night or less
□ Two to six nights
□ One week or more, but less
than one month
□ One month or more, but
less than 90 days
□ 90 days or more, but less
than one year
□ One year or longer
□ Client doesn't know
□ Client refused
□ No (Continue with
Wellness Assessment)
□ Client Refused
□ Four or more times
□ Client Doesn't Know
□ Client Refused
□ More than 12
□ Client Doesn't Know
□ Client Refused
Health Insurance
□Yes (Enter the Source) □ No □ Client Doesn't Know □ Client Refused Health Insurance Sources □ Private Pay Health Insurance □ Medicare
□ MEDICAID
□ State Children’s Health Insurance (SCHIP)
□ VA Medical Services
□ Employer Provided Health Insurance
□ Health Insurance obtained through COBRA
□ State Health Insurance Adults (Medi-cal)
□ Indian Health Services Program
□ Other
#5..
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HMIS v. 14 Page 5 of 5
Barriers:

Barrier Present Condition is Indefinite
Alcohol Use Disorder □ Yes □ No □ Don’t Know □ Client Refused □ Yes □ No □ Don’t Know □ Client Refused Chronic Health Condition □ Yes □ No □ Don’t Know □ Client Refused □ Yes □ No □ Don’t Know □ Client Refused Developmental Disability □ Yes □ No □ Don’t Know □ Client Refused Drug Use Disorder □ Yes □ No □ Don’t Know □ Client Refused □ Yes □ No □ Don’t Know □ Client Refused HIV/AIDS □ Yes □ No □ Don’t Know □ Client Refused
Mental Health Disorder □ Yes □ No □ Don’t Know □ Client Refused □ Yes □ No □ Don’t Know □ Client Refused Physical Disability □ Yes □ No □ Don’t Know □ Client Refused □ Yes □ No □ Don’t Know □ Client Refused Domestic Violence
Domestic Violence
Experience?
□ Yes (Answer questions below
□ No
) □ Client Doesn't Know
□ Client Refused
When Experience Occurred? □ Within the past 3 months
□ 3 months to 6 months ago
□ 6 months to one year
□ One year ago or more
□ Client Doesn't Know
□ Client Refused
If yes, are you currently
fleeing?
□ Yes
□ No
□ Client Doesn't Know
□ Client Refused
Financial Assessment
Income Source
□ Yes (Check all Sources that Apply)
□ No
□ Client Doesn't Know
□ Client Refused
Stated Income
(Monthly)
Non-Cash Resources
□ Yes (Check all Sources that Apply)
□ No
□ Client Doesn't Know
□ Client Refused
Stated Amounts
(Monthly)
□ Earned Income (employment wages / cash) $
□ Special Supplemental Nutrition Program
for Women, Infants and Children $
□ Unemployment Insurance $ □ Food Stamps (CalFresh) SNAP $ □ Supplemental Security Income (SSI) $
□ CalWorks Child Care/TANF Child Care
Services $
□ Social Security Disability Income (SSDI) $ □ CalWorks Transportation (TANF) $ □ Private Disability Insurance $ □ Other CalWorks-Funded Services (TANF) $ □ Workers Compensation $ □ Other $
□ VA Service-Connected Disability
Compensation $
□ VA Non-Service-Connected Disability
Pension $
□ Pension or Retirement income from a job $
□ TANF $
□ General Assistance $
□ Retirement (Social Security) $
□ Child Support $
□ Alimony $
□ Other Income $
#5..
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HMIS v.4 Page 1 of 3
Stanislaus County HMIS
Client Informed Consent and Release of Information
The Stanislaus County Homeless Management Information System (HMIS) is a shared database and software application which confidentially collects, uses, and shares client-level information related to homelessness in Stanislaus County. On behalf of the Turlock/Modesto/Stanislaus County Continuum of Care ("CoC"), HMIS is administered by the Stanislaus County Community Services Agency (CSA) and Stanislaus' HMIS Vendor, Eccovia Solutions/ClientTrack. Clients must consent to the collection, use, and release of their information, which helps the CoC's homeless service providers provide quality housing and services to homeless and low• income people.

Client information is collected in HMIS and released to housing and homeless service providers (each, a "Partner Agency," and collectively, the "Partner Agencies"), which includes community-based organizations, non-profit organizations and government agencies. Partner Agencies use the information in HMIS: to improve housing and services quality; to identify patterns and monitor trends over time; to conduct needs assessments and prioritize services for certain homeless and low-income subpopulations; to enhance inter-agency coordination; and to monitor and report on the delivery, impact, and quality of housing and services.

Client information is protected by limiting access rights to the database and by limiting the parties to whom the confidential information may be released, in compliance with federal, state, and local regulations governing the confidentiality of client records. Each person or agency with access rights to HMIS, or to whom client information is released, must sign an agreement to maintain the security and confidentiality of client information. Upon any violation of the agreement, access rights may be terminated, and the person or agency found to be in violation of the agreement may be subject to further penalties.

BY SIGNING THIS FORM, I AUTHORIZE THE FOLLOWING:
• I authorize CSA, Eccovia Solutions/ClientTrack, the CoC, the Partner Agencies, and their authorized agents and representatives to collect, use, and share basic information about me. I understand that the Partner Agencies may change over time, and that a current list of Partner Agencies has been provided to me. I also understand that I may request a copy of this form be provided to me. This form may not be amended or modified except on approval of the Stanislaus CoC. I understand that I may view an updated list of Partner Agencies at any time or view the list at:
http://www.csa-stanislaus.com/hmis/#_participating_agencies • I understand that the collection, use, and release of this information is for the purpose of assessing my needs for housing, counseling, food, utility assistance, or other services. • I understand that I may cancel this authorization at any time by written request, but the cancellation will not be retroactive (No records in the system will be removed from theHMIS databased and will remain accessible to the limited number of organization(s) that provided you with direct services).
• I understand that I have the right to view my HMIS record and will have a report prepared within 10 working days from my written request.
• I understand that if I refuse consent to share this information, I cannot be denied services unless I am being enrolled in an SSVF program.
• This release expires 18 months from the date signed below. Any information entered into the system prior to the expiration of the 18 months, shall be subject to release. #5..
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HMIS v.4 Page 2 of 3
BY INITIALLING THE BOX BELOW, I FURTHER AUTHORIZE the following information to be entered into the Stanislaus County HMIS and shared between partner agencies:

Identifying Information: Name, Social Security Number, Date of Birth, Gender, Ethnicity & Race, Marital & Family status, Household Relationships, Phone Numbers, and Address1 or other similar identifying information. If I do not initial the box below, I do not consent for this information to be entered in the Stanislaus County HMIS.

BY INITIALLING THE BOX BELOW, I AUTHORIZE the following additional information to be entered in the Stanislaus County HMIS and shared between Partner Agencies to better prioritize my needs and improve the social and housing services provided to me. By initialing the spaces in the two tables below, I authorize that the information or records entered into the Stanislaus County HMIS and shared with Partner Agencies and may include the following specific types of protected personal information (PPI) and protected health information (PHI). If I do not initial the box(es) below, I do not authorize the specific type of information to be shared with Partner Agencies.
• PHI:
o Medical information included in my responses to questions asked as part of the standard HMIS intake.
o HIV/AIDS-related information included in my responses to questions asked as part of the standard HMIS intake.
o Mental health information included in my responses to questions asked as part of the standard HMIS intake and identification as a client receiving mental health services from Behavioral Health and Recovery Services or another Partner Agency.  Substance abuse treatment information included in my responses to questions asked as part of the standard HMIS intake and identification as a client receiving substance abuse or alcohol treatment from Behavioral Health and Recovery Services or another Partner Agency.
• Additional Information to Improve Service Delivery:
o My photograph or other likeness
o Financial and benefits information (including: employment status, income verification, public assistance payments or allowances, food stamp allotments, health care coverage, or other similar financial or benefits information).
o Housing information, including history and housing related issues. o Information about services provided by HMIS Partner Agencies (including: date, duration, and type of service; and other similar service information) o Other(specify): _
1This list of identifying information references the HUD Required Data Elements regarding Basic Demographics. #5..
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HMIS v.4 Page 3 of 3
I UNDERSTAND THAT:
• My PPI and PHI are protected by federal, state, and local regulations governing the confidentiality of client records. My information cannot be released without my written consent, except to the extent that the regulations provide otherwise.
• Auditors or funders who have legal rights to monitor or review the work of one or more Partner Agencies, including the U.S. Department of Housing and Urban Development, may view my PII and PHI in the ordinary course of their work.
• Eccovia Solutions/ClientTrack serves as the System Administrator for the Stanislaus County HMIS. • To the extent that authorized agents and representatives of Eccovia Solutions/ClientTrack perform work on HMIS, they may view my information in the ordinary course of their work. • Partner Agencies and their authorized agents and representatives who use HMIS to research and write reports have signed agreements to maintain the security and confidentiality of client information. • Use of my likeness in a photograph will be viewable by the Partner Agencies and their authorized agents and representatives. The photograph may be cropped or edited as needed. • I understand that medical, HIV/AIDS, mental health, and drug and alcohol records are protected under various federal and state regulations, including California Welfare and Institutions Code Section 5328, Confidentiality of Medical Information Act, California Civil Code Section 56.10 (CMIA), the Health Insurance Portability and Accountability Act, 45 C.F.R., parts 160 and 164 ("HIPAA"), and the Federal Regulations Governing Confidentiality of Drug Abuse Patient Records, 42 C.F.R., Part 2, and cannot be disclosed without my written consent unless otherwise permitted by law. • I expressly authorize my information disclosed pursuant to this Consent to be further disclosed by the recipients listed above for the purposes of assessing my needs for housing, counseling, food, utility assistance, or other services as part of the work of the CoC and HMIS.

SIGNATURE
Date: Time AM/PM
Signature of Client/Parent or Representative:

If signed by a person other than the client, indicate relationship:

Print Name:

Child/Children’s Name Covered under this ROI:
#5..
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PROGRAM RULES
Safe Parking is a pilot program designed to create a place individuals and families living in their cars to park and sleep. The following rules will help promote an appropriate environment All rules will be posted on site and will be updated regularly if any changes are made. All laws and City of Modesto ordinances must be observed.

Operations
Safe Park entry hours are between 7:00 pm and 9:00 pm. Once program participants enter re-entry will not be permitted until the following day between 7:00 pm to 9:00 pm.

Daily Program exit is at 7:00 am.
_______Designated parking area must be litter free and all pets and possessions must be removed each exit.
________Any program participant who misses three (3) consecutive nights without notice may be removed from the program on the fourth night.

Safe Park will provide a parking pass that must be presented at each entry and remain visible while on site. Passes are exclusive to registered vehicles and should not be shared.

Safe Park staff and support staff, reserve the right to visually inspect vehicles and parking areas for fire and biological hazards to mitigate any imminent risk to promote the safety of program participants.

These inspections will be requested and coordinated with the registered program participant assigned to the parking area.

Threats, aggressive, and other hostile behavior towards other program participants or program staff will not be allowed and result in program termination.
________Program participants agree to participate in case management services to assist with stabilization, self-sufficiency, and housing. All program participants must meet with a case manager within 7 days of program entry. Families with minor children must meet with a case manager within 3 days. Families with minor children will be referred to service #5..
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providers such as CSA, alternate family shelters, and family services upon intake.

Safety
Safe Park is a drug, marijuana, and alcohol-free zone. No drugs, marijuana, or alcohol are allowed. The consumption of alcoholic beverages. Tobacco smoking is permitted in designated areas.

Safe Park is a weapon free zone. Possession of a weapon may result in program termination.

Only registered program participants are allowed on Safe Park site.

Minors must be accompanied and supervised by a parent/guardian at all times. Safe Park staff and support are mandated reporters and will report any concerns of risk or safety to appropriate authorities.

No cooking or open flames of any kind are allowed.

No generators are allowed, solar or battery power is allowed.

Vehicles
Vehicles must maintain current registration during program enrollment.

All vehicles should possess an active insurance policy during program enrollment.

Program participants responsible for vehicle must maintain a valid Driver’s License during program enrollment.

Car must be operable
________Car repair or maintenance is not allowed. Please inform staff if your vehicle becomes non-operational during your stay. Owners of nonoperational vehicles will be responsible for relocation/removal of the vehicle. Non-operable vehicles may be towed at the expense of the owner.

Possessions
Program participants are responsible for maintaining possessions in vehicles. Exterior storage is prohibited. Outdoor storage around parked vehicles is also prohibited, including tents, tarps, and other temporary outdoor shelters, either affixed to a participant’s vehicle #5..
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or freestanding, are prohibited.
________Program participants agree to respect the belongings and space of others.
________ Stealing or taking other’s property is a crime and violators will be subject to program termination.
________Program participants are required to remain in their personal vehicles for the duration of each night, unless they are utilizing the services available on site.

Safe Park does not assume responsibility for Program Participant property. If any items are left in the lot after the participant is left, this is deemed “abandoned” by the program and items will be disposed of.

Pets
All pets must be on a leash and must be accompanied and supervised by owner.

All pets must have record of appropriate vaccinations at initial program enrollment.

Pet owners are responsible for pet care and clean-up.

Sanitation
Littering is prohibited, all trash and waste should be disposed in appropriate dumpsters or recycle containers.

Use of Portable Toilets:
• Should only be used for their intended purpose.
• Do not dispose of anything other than human waste in toilets.

Items should not be removed from the trash dumpsters or recycling containers.

No loud music, or disruptive noise between the hours of 10:00 pm and 7:00 am.

Conflicts with other program participants should be immediately reported to staff, Contact law enforcement/ 911 for any illegal, unsafe or life-threatening circumstances.
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Program participants will have access grievance forms and process.

Grievance forms are located with security.

Acknowledgement
By signing below, I hereby acknowledge that I have completely read and fully understand the Safe Park Program rules and agree to abide by them.

Program Participant Name Print Program Participant Signature Date
Safe Park Staff Signature Date
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 13, 2022
Date: April 18, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Modesto Forward Strategy – Revised Spending Plan for Phase 1 ARPA funding allocated to Parks, Recreation and Neighborhoods Department Projects CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance; amending the Fiscal Year 21/22 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funding)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In April 2021, President Biden signed into law the American Rescue Plan Act (ARPA) a $1.9 trillion emergency relief measure intended to address the economic hardships and negative impacts caused by the COVID-19 pandemic. The bill provides $45,897,056 available to the City of Modesto to help address the local impact of COVID-19. On May 25, 2021, by Resolution 2021-194, Council approved the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the first allocation of ARPA funding. Funding for Park Improvements were allocated in the Modesto Forward plan in two separate key areas of focus as outlined below:
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Safety and Communities Committee, June 13, 2022
Modesto Forward Strategy – Revised Spending Plan for Phase 1 ARPA funding allocated to Parks, Recreation and Neighborhoods Department Projects

Key Area of Focus Amount of Funding Allocated
Economic Vitality
Support for The Awesome Spot Playground $500,000
Tuolumne River – Economic Development Strategy $750,000 Governance and Service Delivery
Park Deferred Maintenance $1,270,028
Total Phase 1 ARPA Funds Allocated to Park
Improvements
$2,520,028
The Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022. A summary of the allowable uses is below:

1. Public Health Response
a. Coronavirus State and Local Fiscal Recovery Funds provide resources to support the public health and safety response required due to the pandemic. Additionally, these funds can support services that address disparities in public health that have been exacerbated by the pandemic. The City is able to use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources.

2. Address Negative Economic Impacts
a. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
i. Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.
ii. Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support

3. Supporting the Hardest-Hit Communities and Families
a. Support with investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity;
b. Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering #6..
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Safety and Communities Committee, June 13, 2022
Modesto Forward Strategy – Revised Spending Plan for Phase 1 ARPA funding allocated to Parks, Recreation and Neighborhoods Department Projects

educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs.

4. Replacing Lost Public Sector Revenue
a. Recipients may use these funds to replace lost revenue. The Treasury’s Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Alternatively, recipients may choose to take a standard allowance of $10 million in Revenue Replacement over the life of the program to be used on governmental services, rather than utilize the revenue loss formula for their amount of eligible funds. Because of the flexibility that using the standard allowance of $10 million offers the organization, the City of Modesto is opting to use the standard allowed rather than the revenue loss formula to help promote the ability of the organization to maximize the reach of the funds.

5. Investments in Water and Sewer Infrastructure
a. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines.

6. Investments in Broadband Infrastructure
a. Recognizing the acute need in certain communities, Treasury’s Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload.

DISCUSSION:

Based on the Final Rule released by the Treasury Department in January 2022 the Parks, Recreation and Neighborhoods Department has evaluated the previously allocated funding and prepared a revised spending plan. The detailed revised spending plan for ARPA Phase 1 funding in parks is attached to this agenda report. In addition, in an effort to ensure compliance with the Final Rule the revised ARPA Phase 1 Spending Plan outlines the estimated timeline for completion of each park improvement project and indicates that all funding should be spent well before the expenditure deadline for the funding.

The Awesome Spot Playground was originally intended to be funded through an agreement with Valley Mountain Regional Center, the non-profit fiscal agent for The Awesome Spot Playground.

However, since that time, discussion with The Awesome Spot Playground Team has resulted in a recommendation that the best use of the funding will be to place it in Capital Improvement Project (CIP) project 100984 (The Awesome Spot Playground) to allow the City to purchase playground equipment and other materials for the project.

The chart below provides a summary of the detailed revised spending plan by the new ARPA funding category:
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Safety and Communities Committee, June 13, 2022
Modesto Forward Strategy – Revised Spending Plan for Phase 1 ARPA funding allocated to Parks, Recreation and Neighborhoods Department Projects

ARPA Funding Spending Category Amount of Funding Allocated Public Health Response $210,000
Address Negative Economic Impacts $1,075,000
Investments in Water and Sewer Infrastructure $325,000
General ARPA Funding $910,028
Total ARPA Funds Allocated to Park Improvements $2,520,028 FISCAL IMPACT:

Council approval of this item would allow for the expenditure of $2,520,028 of American Rescue Plan funds for park improvements. The Fiscal Year 2021/22 Capital Improvement Program (CIP) and Non-Capital project budgets will need to be amended to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements.

Approved by:

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

1. ARPA Phase 1 Spending Plan for Park Improvements
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REVISED ARPA State and Local Fiscal Recovery Funds (SLFRF) Phase 1 Spending Plan for Park Improvements Item # Park Improvement Description Cost
Timeline for
Completion ARPA Funding Category
1 Downey Park Parking Lot Repaving at Downey Park
(approximately 32,000 SF parking area) $250,000 Fall 2023 General ARPA Funds 2 Modesto Centre Plaza Replace Pump at MCP Fountain $75,000 Fall 2022 General ARPA Funds 3 Various Parks
Turf Reductions of about 8.5 Acres at 7 General
Fund Parks (Chrysler-0.7 AC, Creekwood-0.45
AC, Mark Twain-2.25 AC, Moran Estates-0.33
AC, Orchard-2.05 AC, Sharp-0.9 AC, E. La Loma1.7 AC) (Results in a $22k annual savings of water)
$225,000 Fall 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
4 Garrison Park Renovate Potable Well for Irrigation Use (Results in a $12k annual savings of water) $50,000 Spring 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
5 Roosevelt Park Renovate Potable Well for Irrigation Use (Results in a $14k annual savings of water) $50,000 Spring 2023

5. Infrastructure - Clean Water: Water
Conservation (EC 5.8) - Using less potable
water for landscape irrigation
6 Dryden & Creekside Golf
Course
Touchless Fixtures at On-Course Restrooms
(Creekside and Dryden) and Creekside
Clubhouse. Automatic Doors at Creekside
Clubhouse.
$50,000 Fall 2022

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
7 Dryden & Creekside Golf
Course
On Course Repairs to Restrooms at Dryden and
Creekside Golf Course and Repairs at Creekside
Clubhouse. Potential Irrigation Well
Improvements at Dryden Golf Course.
$120,000 Spring 2023 General ARPA Funds
8 Various Buildings
Building Facility Upgrades - Touchless Fixtures
at Modesto Centre Plaza, McHenry Mansion,
McHenry Museum, Neighborhood Center at
Marshall Park, Airport Neighborhood Center,
American Legion Hall, Boyscout Clubhouse,
King-Kennedy Memorial Center, Maddux Youth
Center and Senior Citizens Center. These items
are complete and funding is spent.
$46,095 Completed

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
9 Maddux Youth Center Building Facility Upgrades - Automatic Doors for ADA access at Maddux Youth Center. $31,500 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
10 Modesto Centre Plaza Building Facility Upgrades - Automatic Doors for ADA access at Modesto Centre Plaza. $55,000 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
11 Neighborhood Center at
Marshall Park
Building Facility Upgrades - Automatic Doors
for ADA access at Neighborhood Center at
Marshall Park.
$17,405 Spring 2023

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
12 Mary Grogan Community
Park
Building Facility Upgrades - Touchless Fixtures
at Restrooms
$10,000 Fall 2022

1. Public Health - Other Public Health
Services (EC 1.14) - COVID-19 mitigation
improvement to public facility
13 Modesto Centre Plaza Building Facility Upgrades - New Elevator Panels $5,000 Summer 2022 General ARPA Funds
14 Various Parks
Park Security Cameras at up to 5 Parks. Install
MPD monitored Park Cameras with 4 way
cameras and talk back feature.
$110,000 Spring 2023 General ARPA Funds
15 Various Tree Evaluation/Pruning/Removal at Various
Parks due to Safety Issues $75,000 Fall 2022 General ARPA Funds 16 Graceada Park
New fence around the pool including new
entry gates to address safety issues due to
deteriorating fencing. Approximately 320 LF of
fencing.
$100,028 Summer 2023 General ARPA Funds
Subtotal $1,270,028
Address deferred maintenance at various parks and public facilities including ways to reduce water use ($1,270,028 Total) #6..
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17 TRRP
TRRP Master Plan Update / Economic
Development Strategy Plan $175,000 Summer 2023 General ARPA Funds 18 TRRP - Legion Park Area Vegetation Management in TRRP Legion Park Area
$105,000 Fall 2022

2. Negative Economic Impacts -Strong
Healthy Communities: Demolition and
Rehabilitation of
Properties (EC 2.23) - Backlogged
Maintenance to a Park in a Qualified
Census Tract
19 TRRP - Throughout 10 Park Security Cameras in TRRP $120,000 Spring 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
20 TRRP - Legion Hall
American Legion Hall Parking Lot Replacement
(approximately 40,000 SF parking area) and
Outdoor Improvements
$350,000 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to a Park in a Qualified
Census Tract
Subtotal $750,000
21 Beyer Park Support for The Awesome Spot Playground $500,000 Fall 2023

2. Negative Economic Impacts - Strong
Healthy Communities: Neighborhood
Features that Promote
Health and Safety (EC 2.22) - Capital
Expenditure to construct a playground for
a portion of the community
disproportionally impacted by the
pandemic
Subtotal $500,000
ARPA Phase 1 Projects Total $2,520,028
Tuolumne River - Economic Development Strategy intended to help improve the vitality of the River ($750,000 Total) Support for Community Amenities including The Awesome Spot Playground ($500,000 Total) #6..
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