Modesto City Council
June 28, 2022

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 28, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
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.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.

PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. 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 Agenda Item Number in the subject line). All comments will be shared with the Councilmembers - 1 -
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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 City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council 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 Council meeting.

Joining the City Council 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 Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor 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.
 City staff will unmute your microphone when it is your turn to provide - 2 -
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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
Pledge of Allegiance to the Flag
Invocation: Wade Patton, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation proclaiming July as Parks and Recreation Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

2. Youth Commission Update and recognition of Youth Commission Formation Advisory Committee Members. (Funding Source: Not Applicable)
PRN; Ashley Weaver, 209-577-5428, [email protected]

PUBLIC COMMENT PERIOD
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, Councilmembers 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 Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council 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.

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

Consent

3. Consider approving the minutes from the June 14, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the June 14, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

4. Consider approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000, to account for final payment for legal services. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
 Resolution approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement - 4 -
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amount not to exceed $493,000 and authorizing the City Manager or his designee, to execute the Agreement.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent

5. Consider approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project. (Funding Source: Local Streets Capital Facilities Fees (CFF))
Staff Recommendation:
 Resolution approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project, and authorizing the City Manager or his designee, to execute the required documents.

CED; Sandeep Sandhu, 209-577-5294, [email protected] Consent

6. Consider approving the competitive bidding process for various Fleet Replacement Vehicles which includes one (1) Crack Sealer, one (1) Chassis with Equipment, and two (2) Dump Trucks in the amount not to exceed $570,939. (Funding Source: Fleet Replacement Fund)
Staff Recommendation:
 Resolution approving the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks
Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
 Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.  Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

7. Consider approving a Memorandum of Understanding 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. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a Memorandum of Understanding for service between the - 5 -
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City of Ceres, the City of Modesto, Stanislaus Consolidated Fire Protection District, and the City of Turlock for Fire Department Training Services and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

8. Consider accepting the City Manager’s recommendation to award Non-Exclusive, Non-Consensual Franchise Towing Services contracts to 12 applicants and scheduling a Public Hearing to consider the award of contracts. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund)
Staff Recommendation:
 Resolution accepting the City Manager’s recommendation to award NonExclusive, Non-Consensual Franchise Towing Services Contract to twelve applicants; declaring City Council’s intention to consider the applications at the August 9, 2022, City Council meeting; and directing the City Clerk to publish notice of the Hearing in accordance with Modesto Municipal Code Section 11-

2.05 et seq.

POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] Consent

9. Consider reestablishing and restructuring the City of Modesto Youth Commission, adopting Modesto Youth Commission Bylaws and rescinding Resolution Nos. 74-352, 86-1369 and 89-449. (Funding Source: General Fund – Recreation Operations) Staff Recommendation:
 Resolution reestablishing and restructuring the City of Modesto Youth Commission; adopting Modesto Youth Commission Bylaws, and rescinding Resolution Nos. 74-352, 86-1369 and 89-449.

PRN; Laurie Smith, 209-577-5347, [email protected]
Consent

10. Consider approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a oneyear Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

11. Consider approving the Sole Source Agreement with Envirogen Technologies, Inc., - 6 -
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Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

12. Consider rejecting all bids for the La Loma – Phase 2C Strengthen & Replace Water Mains Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution rejecting all bids for the La Loma Phase 2C Strengthen & Replace Project and authorizing staff to re-advertise the project for bids at a future date.

UTILITIES; Robert Davalos, 209-571-5175, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on June 17, 2022

13. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-

6. (Funding Source: Landscape Maintenance Assessment District No. 1) Staff Recommendation:
 Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.

CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee on June 17, 2022

14. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2. (Funding Source: Landscape Maintenance Assessment District No. 2) - 7 -
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Staff Recommendation:
 Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2.

CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee June 17, 2022.

15. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
 Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District.

CED; Jessica Hill, 209-577-5321, [email protected]

NEW BUSINESS

16. Consider: (1) Approving a resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general city services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election; and (2) Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Funding Source:

General Fund)
Staff Recommendation:
 Resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general City Services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election.  Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Subject to voter approval)
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 8 -
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17. Consider adopting a Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election. (Funding Source: General Fund) Staff Recommendation:
 Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [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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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday June 14, 2022 at 5:30 PM
Roll Call: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Anthony Bargas, The Center Church
City Clerk’s Announcements: City Clerk reported 1) Email correspondence was received for Item 11 and forwarded to the Council, and 2) Public Comment is limited to three minutes and blue speaker cards are located in the Lobby of our Council Chambers.

Declaration of Conflicts of Interest: None

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation proclaiming June 19, 2022, as Juneteenth in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented Proclamation proclaiming June 19, 2022, as Juneteenth in the City of Modesto.
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2. Proclamation recognizing Society for Disabilities 75th Anniversary. (Funding Source:

Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented Proclamation recognizing Society for Disabilities 75th Anniversary

PUBLIC COMMENT PERIOD
 Ronald Dafford spoke about sidewalks and ADA issues.
 Maggie Mejia spoke in support of lifting the ban on cruising. Modesto is the home American Graffiti and the ban should be lifted.
 Debbie Martinez stated that she represents the community and is with We Are La Raza, she spoke in support of lifting the ban on cruising.
 Bob Holloway asked that Council lift the ban on cruising.  Sebastian Jones spoke in support of lifting the ban on cruising. He also commented on the Dr. Martin Luther King Jr. Park Renaming Ceremony that will be held on Saturday, June 18th.
 Betty Santos from West Coast Kustoms stated that she would like to see cruising come back.
 Samantha Nolan stated that she would love to see cruising come back to the community.  Ruben Reina from a car club stated he would like to see the cruising ordinance get lifted.  John Mataka, President of Grayson Neighborhood Council stated that he supports lifting the cruising ban. People that have classic cars and lowriders are working people that go to lots of events and fundraisers. It's a family and there's been a stigma about cruising and lots of things have changed since it was banned. This activity support wellbeing and socialization especially after COVID.
 Abel Martinez from Rebirth Classic Cars stated that it's time to lift the ban after 30 years.  Benicia Cruz stated that cruising in his eyes is a form of art. Cruising is a culture that they want to show you. He asked the Council to please bring back cruising.  Johnny Galino, President of Resurrection Car Club stated that he has met many people and many of the classic car group sponsor many fundraisers for the community. It would be nice to have it lifted. They are not bad people. They all work. #3..
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 John Paige, Public Relations Director or Impalas Car Club stated that the Impalas Car Club holds many fundraisers for the community. He spoke in support of lifting the ban on cruising. He further stated that the City could be creative and ask for cruising permits with a fee.
 Nasan Sanchez stated that cruising brings down the walls and division. They are all coming together for the thing that they love. He asked the Council repeal this mandate and asked the Council to have a meeting to discuss the lift on the ban.  Alejandro Bravo from the Modesto Lowrider Community stated that local club members want to have the ban repealed. They never have any problems and police themselves. He asked that Council have a meeting with them.
 Gilbert Moya, Bay Bombs Car Club in Modesto stated that his club does lots of things for the kids and community and would like to see the ban lifted.  Enicia Trevino, stated she is the founder of Chicanos Car Club. She asked the City Council lift the ban on cruising. It's not a crime. It's a lifestyle and an art. Who they are and what they do is misunderstood. They are mentors to the younger generation. They are not gang bangers. They have many community events and fundraiser to those in need.
 Billie Duarte, Slow Rid M Car Club asked that the Ordinance banning cruising be banned. They love being out there and there is really nothing to do in Modesto. It's a culture and an art.
 Anthony Amana, Atigous Car Club stated that is here to ask that the cruising ordinance be lifted.
 Allen Emlana, Atigous Car Club stated he has been cruising since the last 70s. He spoke in support of lifting the ban.
 Lisa stated she is here to speak about a safety issue with her son and the community. Her son is in special education. Her son is a huge danger to himself and others. He has threatened shooting others at school and continues to be a threat. She is here to ask the Council to assist her with her concerns with the Modesto City School District and the issue she is having with getting the School District’s designation on his IEP for placement of her son into a residential treatment facility.  Michelle Tomlinson initially came in support of her friend and son. She is here to do that, but also as she sits here and listens to all those in support of lifting ban on cruising she is standing up for everyone that spoke.
 Wilber Salgado, a local attorney stated that he is an attorney by day and cruiser at night.

He owns a Law Office in Modesto and is President of Pistol Car Club. He spoke in #3..
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support of lifting the ban. He asked if Modesto want to be known where Scott Peterson came from. There were people that came from out of state for the Graffiti Parade.

Recessed: 6:32 p.m.

Reconvened: 6:37 p.m.
 Joellen Dailey, stated she is here to support Lisa about her son being a threat to the community. She encouraged Council to sit down and meet with Lisa and the School Board. She's a mental health provider. Cruising is something they can do to help with mental health. The people here are not the problem. She spoke in support of lifting the ban. She stated that they have an actual threat (Lisa's child) and a perceived threat of cruising. She encourages they find a way to compromise.  Dr. Theresa Rojas, Professor of English and Ethnic studies spoke in support of lifting the ban on cruising. There is a high level of civic engagement and the car clubs have extensive organization skills and network for community needs.  Andrea Kidel, stated cruisers are stereo typed for something that they love to do. They put their passion in what they do. She asked to lift the ban on cruising.  Melanie Berru spoke about her fondest memories of cruising on McHenry. Low riding is a culture and part of Chicano culture. She stated that Council has an opportunity to make history.
 Flavio commented that he is from a Sacramento Low Rider Commission. He stated that low riding is not a crime. The ban was just removed in Sacramento that was in place for 35 years. When the ban was created they netted all Latinos. Modesto can be the second historical city to remove the ban on cruising.
 Ramon Rodriguez stated that he’s been attending Graffiti since 2019. He commented that banning cruising was a racist action. It’s not just about cars, it’s about community and helping each other out. These are honest people with occupations. Low riding has been part of California since the 1950s.
 Bianca Lopez, commented that as an environmental activist, she is in support of lifting the ban on cruising. She stated that it can lifted in a peaceful and environmentally safe way.
 Chris Murphy, commented this is an exciting time and he is glad this came here. He feels richer when the low rider and cruising community get together. He was at car show this past weekend. The community worked together with the cars, love and family.

Entire families are involved and that a perfect blend. He feels they need to embrace the low rider community. Of all places cruising should not be illegal is in Modesto, this is a big opportunity for Modesto. He encourages Council take a look at it and he is willing to be part of the study group.
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 Roberta Kincaide stated she would like to address the homelessness in the community.

She recently received a citation on her RV. She's homeless and cannot move into a place with a dog. She wants to know where she can park safely. The City needs to address the housing issue for those that cannot afford housing.
 Kimberly Alston spoke about affordable housing. There is no affordable housing in Modesto. Some people have purchased trailer, but it’s frustrating because they have to move every two days. They have nowhere to go. She would like somewhere to go that is safe for those that have proper registration and licensing.  Jeremiah Williams thanked everyone that came attended and assisted with the Graffiti Parade and Car Show. He’s been part of the Kiwanis for many years. He thanked the many police officers and volunteers that assisted. He is thankful that everyone came out, even after the heat. 100% of money received goes back to the community.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-10: (Wright/Kenoyer; 6/0)

CONSENT ITEMS
Consent

3. Consider approving the minutes from the June 7, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the June 7, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Motion approving the minutes from the June 7, 2022 Council Meeting.

Consent

4. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable)  Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-269 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

Consent

5. Consider approving a Second Amendment to extend the completion date to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project (Funding Source:

Not Applicable)
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 Resolution approving a no-cost Second Amendment to extend the completion date to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee to execute the Amendment to Agreement.

CED; John Rawles, 209-577-5253, [email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-270 approving a no-cost Second Amendment to extend the completion date to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee to execute the Amendment to Agreement.

Consent

6. Consider approving a First Amendment with Ferguson Waterworks for the Purchase of Circle Clamps, Gaskets, Pipe Couplings, Tapping Sleeves and Sewer Materials for a revised estimated annual amount from $340,000 to $575,000 and a total revised amount not to exceed from $1,700,000 to $2,405,000 over five years. (Funding Source:

Water and Wastewater Fund)
 Resolution approving a First Amendment with Ferguson Waterworks for the Purchase of Circle Clamps, Gaskets, Pipe Couplings, Tapping Sleeves and Sewer Materials for a revised estimated annual amount from $340,000 to $575,000 and a total revised amount not to exceed from $1,700,000 to $2,405,000 over five years, and authorizing the Director Finance or her designee to execute the Amendment; and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total cost does not exceed the authorized amount.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-271 approving a First Amendment with Ferguson Waterworks for the Purchase of Circle Clamps, Gaskets, Pipe Couplings, Tapping Sleeves and Sewer Materials for a revised estimated annual amount from $340,000 to $575,000 and a total revised amount not to exceed from $1,700,000 to $2,405,000 over five years, and authorizing the Director Finance or her designee to execute the Amendment; and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total cost does not exceed the authorized amount.

Consent

7. Consider approving the Award of Bid and Agreement for the Furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years. (Funding Source: General Fund) #3..
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 Resolution approving the Award of Bid and Agreement for the Furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years, and authorizing the City Manager, or his designee to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-272 approving the Award of Bid and Agreement for the Furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years, and authorizing the City Manager, or his designee to execute the Agreement.

Consent

8. Consider approving the Award of Proposal and Agreement for Workers’ Compensation Claims Management Services to Athens Administrators, Inc., Concord, California, for a two-year Agreement with three, one-year extension options, for an estimated annual amount of $480,430 and a total amount not to exceed $2,511,820 over five years. (Funding Source: Workers’ Compensation Fund)
 Resolution approving the Award of Proposal and Agreement for Workers’ Compensation Claims Management Services to Athens Administrators, Inc., Concord, California, for a two-year Agreement with three, one-year extension options, for an estimated annual amount of $480,430 and a total amount not to exceed $2,511,820 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

HUMAN RESOURCES; Joe Rodriguez, 209-577-5446, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-273 approving the Award of Proposal and Agreement for Workers’ Compensation Claims Management Services to Athens Administrators, Inc., Concord, California, for a two-year Agreement with three, one-year extension options, for an estimated annual amount of $480,430 and a total amount not to exceed $2,511,820 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

9. Consider rejecting all bids received for Request for Bid No. 2122-23 for Building Intrusion Alarm Services, and authorizing staff, to re-evaluate and re-issue at a future date. (Funding Source: Various Funds)
 Resolution considering rejecting all bids received for Request for Bid (RFB) No. 2122-23 for Building Intrusion Alarm Services and authorizing staff to reevaluate and re-issue at a future date.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] #3..
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ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-274 considering rejecting all bids received for Request for Bid (RFB) No. 2122-23 for Building Intrusion Alarm Services and authorizing staff to re-evaluate and re-issue at a future date.

Consent

10. Consider approving a Third Amendment to the Agreement with e-Builder, Inc., Plantation, FL, for a one-year extension for Construction Management Software in an amount not to exceed $79,013 for System Maintenance, Support and Licensing. (Funding Source: Capital Improvement Support Fund)
 Resolution approving a Third Amendment to the Agreement with e-Builder, Inc., Plantation, FL, for a one-year extension for Construction Management Software in an amount not to exceed $79,013 for System Maintenance, Support and Licensing, and authorizing the City Manager, or his designee, to execute the Amendment.

UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-275 approving a Third Amendment to the Agreement with e-Builder, Inc., Plantation, FL, for a one-year extension for Construction Management Software in an amount not to exceed $79,013 for System Maintenance, Support and Licensing, and authorizing the City Manager, or his designee, to execute the Amendment.

COUNCIL COMMENTS & REPORTS
Vice Mayor Wright commented that back in 1974 he remembers cruising. That’s where he met his wife. Cruising is something he grew up with. Council heard the community that spoke tonight and this is something they will probably take into consideration down the road. Graffiti night went very well; it was great seeing all the cars. It was a great event for Modesto. He thanked the Kiwanis, Staff and the Police Department for their assistance.

Council Member Ricci stated that he echoes that sentiments of Vice Mayor Wright. He feels like graffiti is an untapped pool of oil and they have to decide if they want to tap that culture and make it part of the community. It’s frustrating that when there were issues previous administrations did not try to fix it and just banned it. He’s hopeful that they can work with local car clubs and neighborhoods. His goal is to make the community open to everyone. He also reported that he is proud of the hard work of staff on safe parking. Safe parking was passed at the Safety and Communities Committee last night and he thanked staff for all of their hard work. This is going to help the community and he has a lot of pride on the work that they did.

Council Member Kenoyer stated that she really enjoyed the parade and being in it. Fortunately, it was not as hot as planned. She had a good time and it was fun seeing the number of people in attendance. She is thankful to everyone that came out to enjoy the parade.

Mayor Zwahlen commented that Councilmember Kenoyer was the grand marshal of the parade and was also inducted into the legacy walk of fame.
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Council Member Escutia-Braaton stated that this was a lovely showing of community that came and spoke with family tonight. She supports a community conversation as to what this might look like moving forward. It’s an opportunity to highlight activity and recreation in Modesto and enhance and include a cultural understanding and appreciation. It does make sense that the town that founded graffiti have an activity that enhances that entertainment. She also encouraged the public to be very cognizant about water safety and drownings. She read the statistics of drowning fatalities for children. She stressed the importance of water safety. The City website has many resources in that area, such as swim lessons and the Red Cross has information in Spanish in English about water safety.

CITY MANAGER COMMENTS & REPORTS
None.

HEARINGS
Published in the Modesto Bee on May 26, 2022.

11. Hearing to consider approving the Annual Rate Adjustment to the Maximum Rate Schedule for Implementation of Senate Bill (SB) 1383 provisions and Solid Waste Collection Service Contractual Agreements provided by solid waste haulers for an increase of $8.40 per month for residential services, an increase of $9.95 per cubic yard for commercial services, and an increase of $8.05 per pull for industrial services to become effective July 1, 2022, and an increase of $5.40 per month for residential services, an increase of $25 per cart (recycling/organics) for commercial services to become effective January 1, 2023, and rescinding Resolution No. 2021-217, and increasing the fuel rates by $0.33 for residential and $0.47 for commercial to become effective on July 1, 2022, and rescinding Resolution No. 2021-217. (Funding Source:

Solid Waste Funds, Compost Funds)
 Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the garbage haulers and by R3 Consultants, for an increase of $8.40 per month for residential services, an increase of $9.95 per cubic yard for commercial services, and an increase of $8.05 per pull for industrial services to become effective July 1, 2022, and an increase of increase of $5.40 per month for residential services, an increase of $25 per organics and/or recycling cart (collected once a week) for commercial services to become effective January 1, 2023 and rescinding Resolution No. 2021-217 for the July 1, 2022 and the January 1, 2023 rate adjustment.
 Resolution approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an increase of $0.33 per month for residential services, and an increase of $0.47 per cubic yard for commercial services, to become effective July 1, 2022, and rescinding Resolution No. 2021-217 for the July 1, 2021 Annual Rate Adjustment.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] #3..
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ACTION: (Escutia-Braaton/Ricci; 5/0; (Kenoyer Absent)) Resolution 2022-276 approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the garbage haulers and by R3 Consultants, for an increase of $8.40 per month for residential services, an increase of $9.95 per cubic yard for commercial services, and an increase of $8.05 per pull for industrial services to become effective July 1, 2022, and an increase of increase of $5.40 per month for residential services, an increase of $25 per organics and/or recycling cart (collected once a week) for commercial services to become effective January 1, 2023 and rescinding Resolution No. 2021-217 for the July 1, 2022 and the January 1, 2023 rate adjustment.

ACTION: (Escutia-Braaton/Ricci; 5/0; (Kenoyer Absent)) Resolution 2022-277 approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an increase of $0.33 per month for residential services, and an increase of $0.47 per cubic yard for commercial services, to become effective July 1, 2022, and rescinding Resolution No. 2021-217 for the July 1, 2021 Annual Rate Adjustment.

NEW BUSINESS

12. Consider approving a resolution authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six months or until the recruitment is completed, whichever is first. (Funding Source: Wastewater Fund- 4210)  Resolution authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Ricci/Wright;5/0; (Kenoyer Absent)) Resolution 2022-278 authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.

13. Consider adopting a Finding of Conformance for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, approving a Grant Agreement in the amount of $10,000,000 with the California State Water Resources Control Board; approving a Consultant Agreement with Woodard & Curran, Inc., Sacramento, CA, for Engineering Design Services in the amount of $1,914,421 for the identified scope of services plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and amending the Fiscal Year 2022/23 Capital #3..
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Improvement Program Budget in the amount of $9,101,535. (Funding Source: Water & Wastewater Funds)
 Resolution finding that the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project is within the scope of the project covered by the Final Environmental Impact Report for the City of Modesto Wastewater Master Plan (SCH # 2013082006).
 Resolution approving a Grant Agreement for $10,000,000 with State Water Resources Control Board to receive the Proposition 1 Round 2 Stormwater Grant for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal; authorizing the City Manager, or his designee, to execute all grantrelated documents and enter into an Agreement to receive the grant funds, when awarded; and authorizing the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.
 Resolution approving an Agreement with Woodard and Curran Inc., Sacramento, CA, for Engineering Design Services for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount $1,914,421 for the identified scope of services, plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2022/23 Capital Improvement Program budget in the amount of $9,101,535 to be transferred into the projects 101313 and 100851 from Wastewater and Water Fund Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Escutia-Braaton; 5/0; (Kenoyer Absent)) Resolution 2022-279 finding that the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project is within the scope of the project covered by the Final Environmental Impact Report for the City of Modesto Wastewater Master Plan (SCH # 2013082006).

ACTION: (Wright/Escutia-Braaton; 5/0; (Kenoyer Absent)) Resolution 2022-280 approving a Grant Agreement for $10,000,000 with State Water Resources Control Board to receive the Proposition 1 Round 2 Stormwater Grant for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal; authorizing the City Manager, or his designee, to execute all grant-related documents and enter into an Agreement to receive the grant funds, when awarded; and authorizing the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.

ACTION: (Wright/Escutia-Braaton; 5/0; (Kenoyer Absent)) Resolution 2022-281 approving an Agreement with Woodard and Curran Inc., Sacramento, CA, for Engineering Design Services for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount $1,914,421 for the identified scope of services, plus $191,443 in additional services, if needed, for a total #3..
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amount not to exceed $2,105,864, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Escutia-Braaton; 5/0; (Kenoyer Absent)) Resolution 2022-282 amending the Fiscal Year 2022/23 Capital Improvement Program budget in the amount of $9,101,535 to be transferred into the projects 101313 and 100851 from Wastewater and Water Fund Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:40 pm.

Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: Amendment to Legal Services Agreement with Liebert Cassidy Whitmore CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000, to account for final payment for legal services. (Funding Source: General Liability Insurance Fund) STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and achieve financial sustainability.

BACKGROUND:

On August 8, 2016, the City entered into a standard legal services agreement with Liebert Cassidy Whitmore for representation in labor and employment matters, in the amount of $45,000. The agreement was amended by Resolution Nos. 2016-510, 2017-273, 2017-501, 2018-329, and most recently on September 8, 2020, by Resolution No. 2020-365, Council approved a Fifth Amendment with Liebert Cassidy Whitmore in the amount of $100,000, for a total agreement amount not to exceed $487,500 for continued representation.

DISCUSSION:

In July 2020, Liebert Cassidy Whitmore was assigned a new litigation matter, which has recently concluded. An increase to the agreement budget in the amount of $5,500, for a total not to exceed amount of $493,000 will provide final payment for legal services under the Agreement.

Attached is the above amendment for Council approval.

FISCAL IMPACT:

Costs for Liebert Cassidy Whitmore are absorbed within the General Liability Fund, with a not to exceed amount of $$493,000. The overall budget for the City Attorney’s Office will be set by #4..
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City Council, June 28, 2022
Amendment to Legal Services Agreement with Liebert Cassidy Whitmore

Council as part of the budget process and the City Attorney will manage the office and services pursuant to that budget.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000 and authorizing the City Manager or his designee, to execute the Agreement.

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A SIXTH AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE IN THE AMOUNT OF $5,500 FOR A TOTAL AGREEMENT AMOUNT NOT TO
EXCEED $493,000 AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, Liebert Cassidy Whitmore currently represents the City in labor and employment matters; and
WHEREAS, in July 2020, Liebert Cassidy Whitmore was assigned a new litigation matter, which has recently concluded; and
WHEREAS, an increase to the agreement budget in the amount of $5,500, will provide final payment for legal services under the Agreement; and WHEREAS, the City Attorney’s office has drafted a Sixth Amendment to the Legal Services agreement with Liebert Cassidy Whitmore.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500, for a total amount not to exceed $493,000, as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such agreement in a form substantially similar to Exhibit A.

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

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:
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NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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SIXTH AMENDMENT TO LEGAL SERVICES AGREEMENT
This Sixth Amendment for Legal Services (this “Sixth Amendment”), is made and entered into on 28th day of June 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LIEBERT CASSIDY WHITMORE, (“Attorney”), located at 5250 N. Palm Avenue, Suite 310, Fresno, California 93704. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) for services for legal advice, representation and assistance on matters involving labor and employment law; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement by increasing the previously approved amount of fees from $487,500 to $493,000.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Liebert Cassidy Whitmore, dated August 8th, 2016, amended by Resolution Nos. 2016-510, 2017-273, 2017-501, 2018-329 and 2020-365 is amended as follows:

1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:

The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of four hundred ninety-three thousand dollars ($493,000).”

3. Entire Agreement. The parties to this Sixth Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated August 8th, 2016, remain in full force and effect to the extent they are not in conflict with this Sixth Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Sixth Amendment. No alteration to the terms of this Sixth Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
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3. Authority. The person signing this Sixth Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Sixth Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties have executed this Sixth Amendment as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:

LIEBERT CASSIDY WHITMORE
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 24, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Request for Advanced Construction for SR99/Pelandale Interchange - Phase 2 Project
CONTACT: Sandeep Sandhu, Associate Engineer, [email protected], 209-577- 5294
DESCRIPTION:

Consider approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project. (Funding Source: Local Streets Capital Facilities Fees (CFF)) STRATEGIC PLAN ELEMENT:

The SR99/Pelandale Interchange - Phase 2 Project is consistent with the City Council’s 2020- 2025 Strategic Plan Goal D, Ensure Safe, Reliable, Efficient Infrastructure.

BACKGROUND:

The City of Modesto is the lead agency and is primarily responsible for the implementation of the SR99/Pelandale Interchange - Phase 2 Project. The purpose of this project is to reconstruct the interchange and alleviate congestion and improve operations of both SR99 and Pelandale Avenue.

DISCUSSION:

On December 17, 2019, City staff submitted an application for up to $1,200,000 in Congestion Mitigation and Air Quality (CMAQ) funds for Pelandale Avenue and Sisk Road intersection improvements for the construction phase of the SR99/Pelandale Interchange - Phase 2 Project.

These CMAQ funds were programmed into the Federal Transportation Improvement Program (FTIP) for the 2021/22 Fiscal Year by StanCOG.

To receive obligation and use of these CMAQ funds, City staff must submit a Request for Authorization (RFA) for construction to Caltrans. This request is submitted after issuance of a Right-of-Way Certification and Encroachment Permit by Caltrans. #5..
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City Council, June 28, 2022
Request for Advanced Construction for SR99/Pelandale Interchange - Phase 2 Project

On May 1, 2022, Caltrans provided notification to all Local Agencies that Obligation Authority (OA) had been opened up to the State and RFA’s will now be processed on a first come, first serve basis until the OA is depleted. Once the OA is depleted, the remaining projects that did not receive the requested allocation of funds get in line for the “August Redistribution,” which usually becomes available in mid-July. The August Redistribution is additional federal funding that becomes available to projects in the queue on a first-come, first-served basis. In a typical year, OA is depleted around June 30th, but it can sometimes vary and be earlier or a bit later depending on the number of RFA’s received by Caltrans from all Local Agencies.

This project requires the acquisition of a portion of the parcel located at 4125 Sisk Road and requires the reconfiguration of the existing drive-thru of this parcel. The acquisition process for the area required has been a complex and lengthy endeavor that is currently still in process, so the Right-of-Way Certification has not been signed by Caltrans. City staff must receive a signed Right-of-Way Certification prior to submitting the RFA for Construction. Negotiations for a Stipulation of Pre-judgement Possession required for the Right-of-Way Certification are currently in process with the property owner and property tenant. It is anticipated that these negotiations will conclude soon, and the stipulations will be signed by all parties leading to Caltrans approving the Right-of-Way Certification and City staff submitting the RFA for Construction.

Caltrans generally requires all RFA’s to be submitted prior to June 30th to have the best chance of receiving allocation of funds prior to the depletion of OA each fiscal year. In the event an RFA is submitted after June 30th or if OA is depleted when RFA submittal occurs, Caltrans has a mechanism for allowing local agencies to be eligible for August Redistribution. That mechanism is called a “Request for Local Advance Construction Authorization.” Caltrans cannot guarantee that funds will become available via August Redistribution, therefore the City is required to “guarantee” that the City will be able to backfill the $1,200,000 with local money in the event that the $1,200,000 in CMAQ funds does not materialize.

A request for Advanced Construction requires that the City Manager sign a form (Exhibit 3-I, attached) stating that the City will provide the $1,200,000 in the event the $1,200,000 in CMAQ funds is not obligated to this project.

Upon receipt of Right-of-Way Certification, the RFA for Construction package will be submitted to Caltrans. In an ideal scenario, this will happen prior to June 30, 2022, and/or prior to depletion of Obligation Authority (OA), which is the upper limitation placed on Federal-aid highway program obligations that can be made within a specified time period (usually a fiscal year); and a regular RFA for Construction will be submitted to Caltrans. If the Right-of-Way Certification is not signed by this date, or if OA is depleted upon submittal, staff is requesting authorization to submit the Exhibit 3-I Request for Local Advance Construction Authorization.

FISCAL IMPACT:

This project is supported by several funding sources through the Preliminary Engineering, Rightof-Way and Construction phases.

When the Request for Authorization for Construction is submitted to Caltrans, the $1.2 million in CMAQ funds will ideally be available for obligation or will become available through the August Redistribution process. If the CMAQ funds are not available, the $1.2 million will be added to #5..
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City Council, June 28, 2022
Request for Advanced Construction for SR99/Pelandale Interchange - Phase 2 Project

needed Local Streets Capital Facilities Fees (CFF) funds for this project. CFF funds will be available for this project through a combination of currently budgeted CFF fees and CFF savings achieved from projects where construction is complete.

The funding for the Construction phase of this project will be budgeted at the time of the award of the construction contract, therefore this item does not require a budget adjustment or allocation of funds at this time.

COMMITTEE RECOMMENDATION:

Due to the nature of this item of needing to be requested only if needed at the end of the Fiscal year and the timing of available Committee meetings, there has been no Committee Action taken on this item.

CEQA/NEPA REQUIREMENTS:

Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on October 1, 2009. Revalidation was approved on March 30, 2022.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project, and authorizing the City Manager or his designee, to execute the required documents.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit 3-I – Advanced Construction Authorization Request #5..
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06/28/22/C&ED/S. Sandhu 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-__

RESOLUTION APPROVING SUBMISSION OF A REQUEST FOR LOCAL

ADVANCED CONSTRUCTION AUTHORIZATION IN THE AMOUNT OF UP TO $1,200,000 FOR THE CONSTRUCTION PHASE OF THE SR99/PELANDALE INTERCHANGE - PHASE 2 PROJECT, AND AUTHORIZING THE CITY MANAGER

OR HIS DESIGNEE, TO EXECUTE THE REQUIRED DOCUMENTS
WHEREAS, the SR99/Pelandale Interchange - Phase 2 Project will reconstruct the interchange and alleviate congestion and improve operations of both SR99 and Pelandale Avenue; and
WHEREAS, on December 17, 2019, City staff applied for up to $1,200,000 in Congestion Mitigation and Air Quality (CMAQ) funds for Pelandale Avenue and Sisk Road intersection improvements for the construction phase of the SR99/Pelandale Interchange - Phase 2 Project; and
WHEREAS, these CMAQ funds were programmed into the Federal Transportation Improvement Program (FTIP) for the 2021/22 Fiscal Year by StanCOG; and WHEREAS, to receive obligation and use of these CMAQ funds, City staff must submit a Request for Authorization (RFA) for construction to Caltrans, which must be submitted after issuance of a Right-of-Way Certification and Encroachment Permit by Caltrans; and WHEREAS, on May 1, 2022, Caltrans provided notification to all Local Agencies that Obligation Authority (OA) had been opened up to the State and RFA’s will now be processed on a first come, first serve basis until the OA is depleted; and WHEREAS, once the OA is depleted, the remaining projects that did not receive the requested allocation of funds get in line for the “August Redistribution,” which usually becomes available in mid-July; and
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06/28/22/C&ED/S. Sandhu 2 2022-
WHEREAS, the August Redistribution is additional federal funding that becomes available to projects in the queue on a first-come, first-served basis; and WHEREAS, in a typical year, OA is depleted around June 30th, but it can sometimes vary and be earlier or a bit later depending on the number of RFA’s received by Caltrans from all Local Agencies; and
WHEREAS, this project requires the acquisition of a portion of the parcel located at 4125 Sisk Road and requires the reconfiguration of the existing drive-thru of this parcel; and WHEREAS, the acquisition process for the area required has been a complex and lengthy endeavor that is currently still in process, so the Right-of-Way Certification has not been signed by Caltrans; and
WHEREAS, City staff must receive a signed Right-of-Way Certification prior to submitting the RFA for Construction; and
WHEREAS, negotiations for a Stipulation of Pre-judgement Possession required for the Right-of-Way Certification are currently in process with the property owner and property tenant; and
WHEREAS, it is anticipated that these negotiations will conclude soon, and the stipulations will be signed by all parties leading to Caltrans approving the Right-of-Way Certification and City staff submitting the RFA for Construction; and WHEREAS, Caltrans generally requires all RFA’s to be submitted prior to June 30th to have the best chance of receiving allocation of funds prior to the depletion of OA each fiscal year; and
WHEREAS, in the event an RFA is submitted after June 30th or if OA is depleted when RFA submittal occurs, Caltrans has a mechanism for allowing local agencies to be eligible for #5..
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06/28/22/C&ED/S. Sandhu 3 2022-
August Redistribution, which is called a “Request for Local Advance Construction Authorization”; and
WHEREAS, Caltrans cannot guarantee that funds will become available via August Redistribution, therefore the City is required to “guarantee” that the City will be able to backfill the $1,200,000 with local money in the event that the $1,200,000 in CMAQ funds do not materialize; and
WHEREAS, a request for Advanced Construction requires that the City Manager sign a form (Exhibit 3-I, attached) stating that the City will provide the $1,200,000 in the event the $1,200,000 in CMAQ funds is not obligated to this project; and WHEREAS, as soon as Right-of-Way Certification is received, the RFA for Construction package will be submitted to Caltrans; and
WHEREAS, in an ideal scenario this will happen prior to June 30, 2022, and prior to depletion of OA, so a regular RFA for Construction will be submitted to Caltrans; and WHEREAS, in case the Right-of-Way Certification is not signed by this date or if OA is depleted upon submittal, staff is requesting authorization to submit the Exhibit 3-I Request for Local Advance Construction Authorization.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the construction phase of the SR99/Pelandale Interchange - Phase 2 Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the required documents.
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06/28/22/C&ED/S. Sandhu 4 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
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at

Local Assistance Procedures Manual Exhibit 3-I
Request for Local Advance Construction Authorization
Exhibit 3-I: Request for Local Advance Construction Authorization [Placed on Local Agency Letterhead]
Date:

To:

FTIP/FSTIP ID:

District Local Assistance Engineer Federal Project Number:

EA:

Re: Request for Advance ConstructionAuthorization for for Project Description: _________________________________________________________________ Dear:

The requests federalAdvance Construction authorization forthe (Preliminary Engineering, Right of Way, Construction and/or ConstructionEngineering) phase(s)of work for the above referencedproject.

The understands that currently there are insufficient federal transportation funds (and/or Obligational Authority (OA))to obligate the appropriatefunds for the proposedwork.

The agrees to use local funds in lieu of federal funds to finance the cost of work until such time that federal funds (and/or OA) become available for obligation and subsequent reimbursement of the federal share of work. It is understood that an FTIP amendment may be required when the Advance Construction Authorization is converted to a real obligation of federal funds. It also is understood that federal reimbursement is not guaranteed.

The understands that work performed prior to federal authorization is ineligible for federal reimbursement and that advertising the construction contract prior to federal authorization will deem the construction and construction phases of work ineligible for federal funds For questions regarding this request you may contact .

Signature of Local Agency Representative Authorized to Commit Local Funds Title
Distribution: 1) DLAE 2 ) DLA 3 ) MPO

January 2022
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 7, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
SUBJECT: Fleet Replacement Vehicles- Crack Sealer, Chassis with Equipment, and (2) Dump Trucks
CONTACT: Cynthia Kline, Purchasing Manager, [email protected], (209) 577-5412 DESCRIPTION:

Consider approving the competitive bidding process for various Fleet Replacement Vehicles which includes one (1) Crack Sealer, one (1) Chassis with Equipment, and two (2) Dump Trucks in the amount not to exceed $570,939. (Funding Source: Fleet Replacement Fund) STRATEGIC PLAN ELEMENT:

These items support the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Stability.

BACKGROUND:

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

Once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life. These funds are specifically designated for the replacement of City vehicles and equipment.

RFB Vehicle # Description Dept. Year of
Vehicle
Meter Repair
Cost
HGAC
2122-57
70918 Crack Sealer PW – Street
Division
2009 N/A $88,146
This vehicle is used by the Streets Division to help support the efforts with managing all City streets and preventative maintenance.
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City Council, June 28, 2022
Fleet Replacement Vehicles- Crack Sealer, Chassis with Equipment, and (2) Dump Trucks

RFB Vehicle
#
Description Dept. Year of
Vehicle
Hours Repair
Cost
Sourcewell
2122-65
40182 Chassis with
Equipment
UTL -
Wastewater
2009 68,417 $79,120
This chassis with equipment is used to support transporting all the heavy equipment around the city.

RFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
Sourcewell 40908 Dump Truck PW – Forestry 2009 101,907 $45,675 2122-51 40919 Dump Truck PW – Forestry 2009 94,310 $56,121 This vehicle is used to haul large tree limbs and stumps for the Forestry Division.

DISCUSSION:

RFB 2122-57 – SealMaster Crack Sealer
On March 26, 2020, Houston-Galveston Area Council of Governments (HGAC) Buy issued Request for Bids (RFB) #SM10-20 for Street Maintenance Equipment and advertised through the HGAC public website1 and via the Houston Chronicle. The RFB was downloaded by 34 vendors. On April 22, 2020, bids were formally opened at the HGAC offices. Twenty-nine bids were received and based on the overall responsiveness criteria outlined in the RFB, twentyeight contracts were awarded for Street Maintenance Equipment.

RFB 2122-65 – Peterbilt Class 4-8 Chassis with related equipment On June 9, 2020, Sourcewell issued Request for Proposals (RFP) #0600920 PMC for Peterbilt Class 4-8 Chassis with related equipment on the Sourcewell website, Utah Salt Lake Tribune, USA Today, South Carolina – The State, and Oregon Daily Journal. The RFP was also advertised and distributed to 75 vendors. On July 21, 2020, proposals were formally opened at the Sourcewell offices. Twenty-five proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlines in the RFP, nine contracts were awarded for Peterbilt Class 4-8 Chassis with related equipment.

RFB 2122-51 – Two (2) Dump Trucks
On June 17, 2021, Sourcewell issued Request for Proposals (RFP) #0850521 PBL for Roadway Maintenance Equipment on the Sourcewell website2, the New York State Contract Reporter website3, the Onvia website4, and the PublicPurchase.com website. The RFP was also advertised and distributed to sixty (60) vendors. On August 15, 2021, proposals were formally opened at the Sourcewell offices. Thirty (30) proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlined in the RFP5, six contracts were awarded6 for Roadway Maintenance Equipment.
1 www.hgacbuy.org/bid-notices
2 www.sourcewell-mn.gov
3 www.nyscr.ny.gov
4 www.onvia.com
5 Conformance to Terms/Conditions to Include Documentation, Pricing, Financial, Industry and Marketplace Successes, Bidder’s Ability to Sell/Service Contract Nationally, Bidder’s Marketing Plan, Value Added Attributes, Warranty Coverages and Information, and Selection and Variety of Products and Services Offered #6..
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City Council, June 28, 2022
Fleet Replacement Vehicles- Crack Sealer, Chassis with Equipment, and (2) Dump Trucks

Sourcewell’s and HGAC Buy are cooperative agreements to streamline the procurement process by developing RFBs or RFP’s for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell and HGAC Buy to offer exceptional products from nationally acclaimed vendors.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing the Sourcewell and HGAC Buy, the City is complying with the requirements defined under this code.

FISCAL IMPACT:

Sufficient funds for the one (1) Crack Sealer, one (1) Chassis with Equipment, and two (2) Dump Trucks are budgeted in Fiscal Year 21-22 in the Fleet Replacement Fund.

COMMITTEE RECOMMENDATION:

This item was presented at the October 25, 2021, and May 23, 2022, Finance Committee to capture all City vehicle additions and replacements through Fiscal Year 2021-22.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Approved by:

DeAnna Christensen, Director of Finance
6 Caterpillar Inc., Volvo Construction, BOMAG Americas, CNH Industrial America, Doosan, Dynapac North America, Grove, Hyundai Construction, John Deere, Kobelco Construction, Komatsu America, Link Belt, Roadtec and Wirtgen America #6..
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City Council, June 28, 2022
Fleet Replacement Vehicles- Crack Sealer, Chassis with Equipment, and (2) Dump Trucks

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Quote – SealMaster Crack Seal

3. Evaluation RFP#2122-57 HGAC Buy

4. Quote – Interstate Truck Chassis 4-8

5. Evaluation RFP#060920 Peterbilt Motor Co.

6. Quote – PB Loader Dump Trucks

7. Evaluation RFP#080521 PB Loader Corporation.
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS (HGAC) BUY

WITH THORWORKS INDUSTRIES/SEALMASTER, BAKERSFIELD, CA FOR A CRACK SEAL FOR A TOTAL AMOUNT NOT TO EXCEED $78,166; AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO

ISSUE THE PURCHASE ORDER
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs); and WHEREAS, once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life; and
WHEREAS, on March 26, 2020, Houston-Galveston Area Council of Governments (HGAC) Buy issued Request for Bids (RFB) #SM10-20 for Street Maintenance Equipment and advertised through the HGAC public website and via the Houston Chronicle; and
WHEREAS, the RFB was downloaded by 34 vendors; and
WHEREAS, on April 22, 2020 bids were formally opened at the HGAC offices; and
WHEREAS, twenty-nine bids were received and based on the overall responsiveness criteria outlined in the RFB, twenty-eight contracts were awarded for Street Maintenance Equipment; and
WHEREAS, HGAC Buy is a cooperative agreement to streamline the procurement process by developing RFBs for national competitive solicitations that meet or exceed local requirements; and
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2 WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.”; and WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166.

BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE)

WITH INTERSTATE TRUCK CENTER DBA VALLEY PETERBILT,
TURLOCK, CA FOR A PETERBILT CLASS 4-8 CHASSIS WITH RELATED EQUIPMENT FOR A TOTAL AMOUNT NOT TO EXCEED $199,846; AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO

ISSUE THE PURCHASE ORDER
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs); and WHEREAS, once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life; and
WHEREAS, on June 9, 2020, Sourcewell issued Request for Proposals (RFP) #0600920 PMC for Peterbilt Class 4-8 Chassis with related equipment on the Sourcewell website, Utah Salt Lake Tribune, USA Today, South Carolina – The State, and Oregon Daily Journal; and
WHEREAS, the RFP was also advertised and distributed to 75 vendors; and WHEREAS, on July 21, 2020, proposals were formally opened at the Sourcewell offices; and
WHEREAS, twenty-five proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlines in the RFP, nine contracts were awarded for Peterbilt Class 4-8 Chassis with related equipment; and WHEREAS, Sourcewell is a cooperative agreement to streamline the procurement process by developing RFPs for national competitive solicitations that meet or exceed local requirements; and
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2 WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality”; and WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846.

BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE)
WITH PB LOADER, FRESNO, CA FOR TWO (2) DUMP TRUCKS FOR A TOTAL AMOUNT NOT TO EXCEED $292,927; AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs); and WHEREAS, once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life; and
WHEREAS, on June 17, 2021, Sourcewell issued Request for Proposals (RFP) #0850521 PBL for Roadway Maintenance Equipment on the Sourcewell website, the New York State Contract Reporter website, the Onvia website, and the PublicPurchase.com website; and
WHEREAS, the RFP was also advertised and distributed to sixty (60) vendors; and
WHEREAS, on August 15, 2021 proposals were formally opened at the Sourcewell offices; and
WHEREAS, thirty (30) proposals were received and based on the Sourcewell Proposal Review Committee and criteria outlines in the RFP, six contracts were awarded for Roadway Maintenance Equipment: and
WHEREAS, Sourcewell is a cooperative agreement to streamline the procurement process by developing RFPs for national competitive solicitations that meet or exceed local requirements; and
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2 WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.”; and WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927.

BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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Please remit payment to:

SealMaster
518 Sumner St.

Bakersfield, CA 93305
SealMaster Bakersfield
518 SUMNER ST
BAKERSFIELD, CA 93305
(661) 546-9135
[email protected]
www.sealmaster.net
Estimate

ADDRESS
City of Modesto
ESTIMATE # 2660
DATE 06/07/2022
EXPIRATION DATE 07/31/2022

SKU DESCRIPTION QTY RATE AMOUNT
E2747HH TR-125 DA Crackfilling Machine 1 66,832.00 66,832.00T Steel Surcharge 1 2,604.00 2,604.00T
P74000B231 ENGINE COVER-CP, 602 & 902 ENG 1 1,068.75 1,068.75T Steel Surcharge 1 84.00 84.00T
PE2680 OPTION-ARROW BOARD 1 1,619.75 1,619.75T
HGACBuy Pricing
FOB Origin
SUBTOTAL 72,208.50
TAX 5,957.20
TOTAL $78,165.70
Accepted By Accepted Date
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Bid Tabulation Summary
Solicitation Type:

Invitation #: SM10-20
Description: Street Maintenance Equipment
Bid / Proposal Opening Date: 4/22/2020
Notes:

Offeror Manufacturer HGAC
Product Code Base Unit Description Discount
Asphalt Zipper, Inc. Asphalt Zipper SM2001A Asphalt Zipper Asphalt Milling/Planing/Reclaiming Machine Pricing Catalog/Price Sheet 3%
Shannon Chastain Enterprises, Inc. Basic SM2003A Basic Pneumatic Rollers Pricing Catalog/Price Sheet 2% Shannon Chastain Enterprises, Inc. Basic SM20401A Basic Split-Drum Rollers Catalog/Price Sheet 2% Bergkamp Inc. Bergkamp SM2004A Bergkamp Flameless Pothole Patcher Pricing Catalog/Price Sheet 10% Bergkamp Inc. Bergkamp SM2004B Bergkamp Spray Injection Truck Mounted Patcher Pricing Catalog/Price Sheet 10% Bergkamp Inc. Bergkamp SM2004C Bergkamp Truck Mounted Mastic Surface Treatment Applicator - MA Series Pricing Catalog/Price Sheet 10%
Bergkamp Inc. Bergkamp SM2004D Bergkamp Truck Mounted Paver M3 Series Pricing Catalog/Price Sheet 10% Blastrac NA, Inc. DBA Cyclone Technology Blastrac NA SM402A Cyclone High Pressure Surface Pricing Catalog/Price Sheet 2.50% Anderson Machinery Company, Inc. Bomag SM2005A Bomag Single Drum Vibratory Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005B Bomag Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005C Bomag Combination Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005D Bomag Pneumatic Rollers Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM20403A Bomag Light Equipment Pricing Catalog/Price Sheet 15% Anderson Machinery Company, Inc. Bomag SM2005H Bomag Milling/Planing Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005I Bomag Asphalt Recycling & Soil Stabilization Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005J Bomag Landfill Compactors Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Bomag SM2005L Bomag Paving Pricing Catalog/Price Sheet 20% Anderson Machinery Company, Inc. Broce SM2006A Broce Street/Road Brooms Pricing Catalog/Price Sheet 15% Roadtec, Inc Carlson SM2044A Carlson Asphalt Paver-Screeds Pricing Catalog/Price Sheets 7% Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007A Case Construction Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 30% Bid Proposal
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Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007B Case Construction Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 30% Associated Supply Co., Inc. DBA ASCO, ASCO Equipment,
and/or ASCO Rental Case Construction SM2007C Case Pneumatic Roller Pricing Catalog/Price Sheet 30% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008A Caterpillar Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008B Caterpillar Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008C Caterpillar Combination Rollers Catalog Pricing/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008D Caterpillar Pneumatic Rollers Catalog Pricing/Price Sheet 15% Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008E Caterpillar Asphalt Milling/Planing/Reclaiming Machines Catalog Pricing/Price Sheet 15%
Mustang Machinery Company, LLC DBA: Mustang CAT Caterpillar SM2008F Caterpillar Asphalt Paver-Screeds Catalog Pricing/Price Sheet 15% C&C Manufacturing LLC C&C SM1343A Al-jon Series Landfill Compactors Pricing Catalog/Price Sheet 12% Cemen Tech Holding, Inc. Cemen Tech SM2010A Cemen Tech Mobile Concrete Mixers Pricing Catalog/Price Sheet 2% Cemen Tech Holding, Inc. Cemen Tech SM2011AD Cemen Tech Silos 2% Cimline Cimline SM2011A Cimline Melter-Applicator/Crack Sealers Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011B Cimline/Tack Kettle/Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011C Cimline, Pavement Router Pricing Catalog/Price Sheet 10% Cimline Cimline SM2011E Cimline, Pothole Patcher, Melter Applicator Combo/ Price Sheet 10% Cimline Duraco SM2015A Duraco, DuraPatcher Pothole Patcher, Durapatchers Pricing Catalog/Price Sheet 10%
Cimline Duraco SM2015B Duraco Emulsion Storage Tanks Pricing Catalog/Price Sheet 10% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016A Dynapac Single Smooth Drum Vibratory Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016B Dynapac Tandem Drum Vibratory Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016C Dynapac Combination Rollers Pricing Catalog/Price Sheet 22-27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016D Dynapac Static Roller Tri Drums Pricing Catalog/Price Sheet 22% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016E Dynapac Pneumatic Rollers Pricing Catalog/Price Sheet 22% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016F Dynapac Portable Compactor Rammer/Tappers Pricing Catalog/Price Sheet 27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016G Dynapac Portable Compactor Forward Plates Pricing Catalog/Price Sheet 27% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016H Dynapac Portable Compactor Forward-Reverse Plates Pricing Catalog/Price Sheet 27%
Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016I Dynapac Portable Compactor, Vibratory Drum & Trench Rollers Pricing Catalog/Price Sheet 27%
Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016J Dynapac Paver-Screeds Catalog Pricing/Pricing Sheet 22-24% Fayat Inc. DBA Dynapac North American LLC Dynapac SM2016K Dynapac Mobile Asphalt Feeders Pricing Catalog/Price Sheet 22% Ecoverse Industries
Ecoverse
Industries SM2041A Doppstadt Slow Speed High Torque Shredders Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041B Doppstadt High Speed Grinders Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041C Doppstadt Trommel/Star Screens Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041D Doppstadt Picking/Sorting Stations Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041G Backers Star Screens Pricing Catalog/Price Sheet 10% #6..
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Ecoverse Industries
Ecoverse
Industries SM2041H Backhus Compost Turners Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041I Cesaro De-packaging Tiger Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041I Doppstadt Stationary Equipment Pricing Catalog/Price Sheet 10% Ecoverse Industries
Ecoverse
Industries SM2041J Doppstadt Washinig Equipment Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041K Doppstadt Splitter Equipment Pricing Catalog/Price 10% Ecoverse Industries Ecoverse
Industries SM2041L Doppstadt Airflex Equipment Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041M EcoSift Pricing Catalog/Price 10%
Ecoverse Industries
Ecoverse
Industries SM2041N Ecoverse Conveyors Ecostack/JDC Pricing Catalog/Price 10% Ecoverse Industries
Ecoverse
Industries SM2041O TrommALL Trommels Pricing Catalog 10% Vogel Traffic Services Inc. EZ-Liner EZ-Liner SM2018A EZ-Liner Striping Machines Pricing Catalog/Price Sheet 3% Falcon SM2065A Asphalt Heater/Recycler Pricing Catalog/Price Sheet Closner Equipment CO., Inc. Gomaco SM2019A Gomaco Concrete Paver Pricing Catalog/Price Sheet 6% Closner Equipment CO., Inc. Gomaco SM2019B Gomaco Concrete Finishers Pricing Catalog/Price Sheet 5% H D Industries H D Industries SM2045A Pothole Patchers Pricing Catalog/Price Sheet 5% Closner Equipment CO., Inc. Holcombe CVI SM20420A Holcombe CVI Mobile Concrete Mixers Pricing Catalog /Pricing Sheet 3% Anderson Machinery Company, Inc. LAY-MOR SM1840B LAY-MOR Wheel Towable Street and Road Sweeper Pricing Catalog/Price Sheet 15%
Anderson Machinery Company, Inc. LAY-MOR SM1840C LAY-MOR Wheel Street & Road Broom Pricing Catalog/Price Sheet 15% Closner Equipment CO., Inc. Lincoln Paving SM2023A Lincoln Paving Windrow Asphalt Pickup Machines Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024A Mauldin Tandem Drum Vibratory Rollers Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024B Mauldin Static Roller Tandem Drums Catalog/Price Sheet Closner Equipment CO., Inc. Mauldin SM2024D Mauldin Asphalt Distributors Catalog/Price Sheet 3% Closner Equipment CO., Inc. Mauldin SM2024E Mauldin Paver-Screeds Catalog/Price Sheet 8% Closner Equipment CO., Inc. Mauldin SM2024F Mauldin Maintainers Catalog/Price Sheet 8% M-B Companies M-B Companies SM2025A M-B Companies Striping Machines Pricing Catalog/Price Sheet 2% M-B Companies M-B Companies SM2025B M-B Companies Wheeled Loader Attachment Brooms Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025C M-B Companies Tow-Behind Road Brooms Pricing Catalog/Price Sheet 2% M-B Companies M-B Companies SM2025D M-B Companies Walk-Behind Self-Propelled Brooms Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025E M-B Companies Vulcan Kettle Thermoplastic Melting Kettles Pricing Catalog/Price Sheet 2%
M-B Companies M-B Companies SM2025F M-B Companies Mercury Trailer System Thermoplastic Melting Systems Pricing Catalog/Price Sheet 2%
Old Dominion Brush Company, Inc. ODB SM3333A Leaf Vacuum Equipment Pricing Catalog/Price Sheet 4% PB Loader Corporation PB Loader
Corporation SM2052A Patcher Pricing Catalog/ Price Sheet 3% PB Loader Corporation PB Loader
Corporation SM2052B Sprayers Pricing/Catalog Price Sheet 3% PB Loader Corporation PB Loader
Corporation SM2052C Loader Pricing Catalog/Price Sheet 3% Lake Erie Portable Screeners Inc. Pitbull SM2048A Pitbull Screening Plants Pricing Catalog/Price Sheet 5% Lake Erie Portable Screeners Inc. Pitbull SM2048B Pitbull Conveyor Pricing Catalog/Price Sheet 5% #6..
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Lake Erie Portable Screeners Inc. Pitbull SM2048D Pitbull Grizzly's Pricng Catalog/Price Sheet 5% Lake Erie Portable Screeners Inc. Pitbull SM2048E Pitbull Feeder Pricing Catalog/Price Sheet 5% RoadHog, Inc. RoadHog, Inc. SM2037A RoadHog, Inc. Attachments Asphalt Milling/Planing/Reclaiming Machines Catalog/Price Sheet 5%
Roadtec, Inc Roadtec SM2028A Roadtec Asphalt Milling/Planing/Reclaiming Machines Pricing Catalog/Price Sheet 10%
Roadtec, Inc Roadtec SM2028B Roadtec Asphalt Paver-Screeds Pricing Catalog/Price Sheet 10% Roadtec, Inc
Roadtec SM2028C Roadtec Material Transfer Vehicle Catalog/Price Sheet 10%
Roadtec, Inc Roadtec SM2028D Roadtec Street /Road Brooms Catalog/Price Sheet 10% Sakai America Sakai America SM20435A Sakai Single Drum Vibratory Rollers Pricing Catalog/ Price Sheet 18.50% Sakai America Sakai America SM20435B Sakai Tandem Drum Vibratory Roller, Pricing Catalog/ Price Sheet 18.50% Sakai America Sakai America SM20435C Sakai Combination Rollers Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435D Sakai Vibratory Pneumatic Rollers Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435E Sakai Static Rollers Tandem Drum three wheel Pricing Catalog/Price Sheet 18.50% Sakai America Sakai America SM20435F Sakai Light Equipment, Rammers, Tampers and Plates Pricng Catalog/ Price 18.50% Sakai America Sakai America SM20435G Sakai Light Equipment, Walk Behind and Trench Rollers Pricing 18.50% Schwarze Schwarze SM2031A Schwarze Pothole Patchers Pricing Catalog/Price Sheet 3% ThorWorks Industries, Inc. Sealmaster SM20910A Spray Applicator Catalog/Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910B Spray Trailer Catalog/Price Sheet 10% ThorWorks Industries, Inc. Sealmaster SM20910C Chip Spreader Catalog Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910D Heated Asphalt Storage Tank Catalog Price Sheet 5% ThorWorks Industries, Inc. Sealmaster SM20910E Heated Tack Distributor Catalog Price Sheet 10% ThorWorks Industries, Inc. Sealmaster SM20910F Gravity Crackfilling Melter Catalog Price Sheet 5% Spaulding MFG Inc Spaulding SM20440A Spaulding Price Catalog/Price Sheet 2% SB Manufacturing, Inc. Superior Broom SM2032A Superior Broom Street/Road Brooms Catalog/Price Sheet 24% Mack Trucks, Inc. DBA Volvo Construction Equipment North America, LLC
Volvo
Construction SM2034A Volvo Construction Single Smooth Drum Vibratory Rollers Catalog/Price Sheet 33.1% - 36.1% Mack Trucks, Inc. DBA Volvo Construction Equipment North America, LLC
Volvo
Construction SM2034B Volvo Construction Tandem Drum Vibratory Rollers Catalog/Price Sheet 36.1% Mack Trucks, Inc. DBA Volvo Construction Equipment North Volvo SM2034D Volvo Construction Pneumatic Rollers Catalog/Price Sheet 32.4% Mack Trucks, Inc. DBA Volvo Construction Equipment North Volvo SM2034F Volvo Construction Pavers Catalog/Price Sheet 36.1% Kinloch Equipment & Supply, Inc. Wacker SM2035A Wacker Tandem Drum Vibratory Rollers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035B Wacker Portable Compactor Rammer/Tappers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035C Wacker Portable Compactor Electric Rammer/Tappers Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035D Wacker Portable Compactor Forward Plates Catalog/Price Sheet 15% Kinloch Equipment & Supply, Inc. Wacker SM2035E Wacker Portable Compactor Forward-Reverse Plates Catalog/Price Sheet 15% #6..
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Kinloch Equipment & Supply, Inc. Wacker SM2035F Wacker Portable Compactor Vibratory Drum & Trench Rollers Catalog/Price Sheet 15%
Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042A Weiler Asphalt Pavers Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042B Weiler Road Wideners Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042C Weiler Static, Split-Drum Rollers Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042D Weiler Combination Compactor Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM2042E Weiler Tack Distributors Catalog/Price Sheet 10% Mustang Machinery Company, LLC DBA: Mustang CAT Weiler SM20450A Weiler Stabilizer 10% Old Dominion Brush Company, Inc. Xtreme Vac SM203535A Xtreme Vac Leaf Vacuum Equipment Catalog/Price Sheet 4% #6..
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RFP # 060920
72 Hour, LLC Adomani, Inc. Amthor International Autocar Truck, LLC Boyer Ford Trucks, Inc. BYD Motors, LLC Certified Stainless Service, Inc. Chas S Winner, Inc. Crane Carrier Company Daimler Trucks North America Don Brown Bus Sales Eco Vehicle Systems Federal Contracts Corp.

Possible Points
Conformance to Terms/
Conditions to IncludeDocumentation 50 44 36 33 42 41 42 43 33 41 40 35 37 40 Pricing 400 358 335 158 355 321 309 345 175 334 295 284 339 206 Financial, Industry and
Marketplace Successes 75 68 54 55 62 57 62 63 51 61 62 57 54 60 Bidder's Ability to Sell/ ServiceContract Nationally 100 88 60 51 88 71 69 71 52 80 87 67 61 74 Bidder's Marketing Plan 50 46 36 41 42 41 40 45 24 41 39 40 38 40 Value Added Attributes 75 64 49 52 64 52 69 63 28 63 61 60 61 66 Warranty Coverages andInformation 50 42 41 34 44 40 41 41 25 40 43 39 41 40 Selection and Variety of
Products and Services Offered 200 187 140 93 150 165 140 169 115 161 156 126 155 109 Total Points 1,000 897 751 517 847 788 772 840 503 821 783 708 786 635 Rank Order 1.5 19 23 5 14 17 7 24 9 16 20 15 21
Hino Motors Sales USA Industrial Power, LLC Kenworth Truck Company Lion Buses, Inc. Los Angeles Truck Centers Mack Trucks Navistar Peterbilt Motors Company Phoenix Cars, LLC Redhead Equipment Structural Metal Fabricators Volvo Trucks North America Possible Points
Conformance to Terms/ Conditions to Include Documentation 50 39 41 44 42 42 44 45 45 40 31 30 31 Pricing 400 334 342 358 341 321 335 338 360 313 135 224 320Financial, Industry and Marketplace Successes 75 56 54 67 59 62 67 69 69 57 47 50 65Bidder's Ability to Sell/ Service Contract Nationally 100 79 65 92 83 59 88 94 93 71 36 64 86Bidder's Marketing Plan 50 33 38 43 39 41 40 43 45 40 19 28 43Value Added Attributes 75 55 54 66 66 60 67 68 71 61 40 46 65Warranty Coverages and Information 50 43 39 42 45 42 44 44 43 41 27 34 43Selection and Variety of Products and Services Offered 200 165 167 170 151 169 161 174 171 129 91 110 139Total Points 1,000 804 800 882 826 796 846 875 897 752 426 586 792Rank Order 10 11 3 812 6 41.5 18 25 22 13 ________________________________________ _____________________________________ Greg Grunig, Procurement Lead Analyst Carol Jackson, Procurement Analyst __________________________________________________ _________________________________ Brandon Town, CPSM, CPSD, Procurement Analyst Craig West, Procurement Analyst Proposal Evaluation
Class 4Ͳ8 Chassis with Related Equipment, Accessories, and Services 















#6..
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PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.com

QUOTATION
DATE: 3/29/2022
TERMS: NET 30
CITY OF MODESTO F.O.B: MODESTO
SOURCEWELL MEMBER ID# 21208 MFG PRODUCT: SEE BELOW
INSTALL: SEE BELOW
QTY PART NO. DESCRIPTION PRICE EXTENSION
PB LOADER CONTRACT NO. 080521-PBL

SOURCEWELL CONTRACT - DISCOUNTED PRICES

SOURCEWELL LISTED DUMP BODY
1 $35,990.00
1 7302-00 FRAME MNT CONE HOLDER (MALE) - MOUNTED PASSENER SIDE $341.00 2 393-00 PULL LADDER EZ-STEP W/ EXTENSION & SET OF GRAB HANDLES ON EACH SIDE OF BODY $712.00 $1,424.00 1 8200-00 HITCH PLATE W/ D-RINGS AND 2" RECEIVER TUBE $1,385.00

MARKET PRICE DUMP BODY
1 $15,877.00

SOURCEWELL LISTED CHASSIS
1 FORD-03 $69,988.00

MARKET PRICE CHASSIS UPGRADE
1 $10,071.00
TOTAL: $135,076.00
SALES TAX (7.875%): $10,637.24
FREIGHT: $750.00
GRAND TOTAL (FOR ONE UNIT): $146,463.24
GRAND TOTAL (FOR TWO (2) UNITS): $292,926.47
NOTES:

Delivery times are approximate.

NO. 11357R

1. LEAD TIME FOR BODY PRODUCTION IS 90 DAYS, WITH AN ADDITIONAL 90-120 DAYS TO INSTALL AFTER RECIEPT OF CHASSIS AND BODY. LEAD TIME SUBJECT TO CHANGE AFTER RECEIPT TO ORDER.

2. LEAD TIME SUBJECT TO CHANGE AT TIME OF ORDER.

3. DUE TO THE VOLATILITY OF THE STEEL MARKET PRICES ARE SUBJECT TO CHANGE.

UPGRADES & ACCESSORIES FOR ABOVE BODY COMPLETE WITH:
- 28" HIGH TAILGATE AND SIDE HEIGHT, 54" FRONT (ILO ABOVE) - 3/16" AR450 FLOOR MATERIAL (ILO 10 GA.)
- ONE HORIZONTAL SIDE BRACE EACH SIDE OF BODY AND ACROSS TAILGATE - 1/2 CAB SHIELD (ILO 1/4 ABOVE)
- DURACLASS 1824HD NTEA CLASS 60 UNDERBODY HOIST (ILO HPT53-120 TELESCOPIC HOIST ABOVE)
- TAILGATE SET-UP FOR DROP-DOWN DESIGN ONLY
- 2" X 4" STEEL SIDE BOARD POCKETS BOLTED INTO TOP SIDES, PAINTED WHITE - FEDERAL SIGNAL 416910Z-A AMBER WARNING LIGHTS W/ WHITE BEZEL (-TWO REAR SIDES OF

BODY, TWO IN CHASSIS GRILLE)
- THREE (3) WELD-ON COMBINATION TIE DOWN WINCHES FOR ROPE AND STRAP MOUNTED

CURBSIDE UNDER RUB RAIL OF BODY
- THREE (3) 3/4" J-STYLE ROPE HOOKS MOUNTED DRIVER SIDE - WINCH BAR
- AIR WEIGH 1801W ONBOARD SCALE SYSTEM
- 48" UNDERBODY TOOLBOX, STEEL WITH PADDLE LOCK AND STORAGE BASKET ON TOP, PAINTED

BLACK, MOUNTED DRIVER SIDE
- 60" UNDERBODY TOOLBOX, STEEL WITH PADDLE LOCK AND STORAGE BASKET ON TOP, PAINTED

BLACK, MOUNTED PASSENGER SIDE
- CAB DUMP CONTROLS WITH BODY UP INDICATOR LIGHT WITH BUZZER - CAPACITY LABEL ON HITCHPLATE STATING "MAX. GROSS TRAILER WEIGHT: 10,000 LBS., TRAILER TONGUE WEIGHT: 1,000 LBS."
- RED AND WHITE REFLECTIVE TAPE ACCROSS RUB RAIL OF BODY BOTH SIDES AND ACCROSS

TAILGATE
- BODY PAINTED WHITE, MATCHING CHASSIS CAB (ILO BLACK)
UPGRADE LISTED CHASSIS TO A 2024 MODEL YEAR WITH 120" CAB TO AXLE AND 4-WHEEL ABS SYSTEM
PB LOADER DUMP BODY, 14 FT 10-12 YARD, HPT53-120 CLASS 80 NTEA HOIST,10 GAUGE STEEL BALANCE, 36" SIDES, 52" FRONT AND 44" REAR, 12" SPREADER APRON, 1/4 CABSHIELD, LED LIGHTS,

WIRING HARNESS & BACKUP ALARM, PUMP, CONTROLS, TANK, VALVE, MUD FLAPS, STEEL

MUDGUARDS, HOT SHIFT PTO, AIR TAILGATE, PAINT

BLACK, INSTALLATION
2021 FORD F-650 CHASSIS, 26,000 GVWR, 7.3L V8 GASOLINE ENGINE, TORQSHIFT

AUTOMATIC TRANSMISSION WITH OVERDRIVEAND PTO PROVISION, TOW PROVISIONS, LEAF SPRING SUSPENSION, 50 GALLON FUEL TANK, STEEL WHEELS, CAB PAINTED WHITE 2 KEYS W/ FOB, AUX SWITCHES
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Aebi Schmidt North
America dba MͲB
Companies, Inc. Asphalt Zipper, Inc. Astec Industries
Bergkamp,
Incorporated BOMAG America, LLC
Bonnell Industries,
Inc.

Broce Manufacturing
Company, Inc. Cimline, Inc. Crafco, Inc.

Dynapac North
America, LLC (Fayat
North America, LLC) Etnyre International
Falcon Equipment
Holdings, LLC
Goldstar Asphalt
Products (NPG, Inc.)
Heat Design
Equipment, Inc.

Keizer Morris
International, Inc.

Possible Points
Conformance to RFPRequirements 50 43 40 41 41 40 39 37 40 41 40 40 43 37 35 41Pricing 400 345 318 315 323 322 339 306 341 334 311 316 285 264 270 340Financial Viability and Marketplace Success 75 65 60 64 64 61 62 58 63 63 66 62 62 55 49 66 Ability to Sell and DeliverService 100 83 74 82 75 78 78 76 82 84 83 75 78 63 63 81Marketing Plan 50 45 37 38 38 38 43 34 42 41 38 37 42 34 33 41Value Added Attributes 75 65 60 58 58 49 63 53 59 62 61 61 61 58 52 58Warranty 50 42 42 41 41 41 40 39 42 40 41 42 43 37 37 42Depth and Breadth of Offered Equipment,
Products, or Services 200 156 151 141 150 145 131 139 161 168 134 153 156 153 153 152 Total Points 1,000 844 782 780 790 774 795 742 830 833 774 786 770 701 692 821 Rank Order 2 16 17 11 18.5 8 22 4 3 18.5 13 20 26 27 6
Land Pride, A Division
of Great Plains Mfg.,
Inc.

Marathon
Equipment, Inc.

Pavement
Technologies
International Corp.

PB Loader
Corporation Road Groom Mfg, LLC RoadHog, Inc.

SB Manufacturing, Inc.
(Superior Broom) Skip-Line, LLC Spaulding Mfg, Inc.

Stepp Manufacturing
Company, Inc.

Striping Service and
Supply, Inc.

ThorWorks
Industries, Inc. dba
SealMaster, Inc.

Vogel Traffic Services,
Inc. dba EZ Liner
Warren Power
Attachments (Total
Patcher)
Waterblasting, LLC
(Hog Technologies)
Possible Points
Conformance to RFPRequirements 50 41 34 40 46 39 37 40 38 40 40 31 39 42 29 42Pricing 400 311 304 239 350 265 334 341 328 271 319 263 311 333 261 310Financial Viability and Marketplace Success 75 63 51 61 62 55 59 60 57 60 61 49 60 65 45 62 Ability to Sell and DeliverService 100 87 66 78 85 65 78 80 69 75 74 59 78 76 56 75Marketing Plan 50 42 34 43 44 35 37 38 37 38 41 29 40 43 28 38Value Added Attributes 75 61 51 63 65 55 58 59 54 62 55 43 55 65 41 55Warranty 50 40 38 42 43 41 39 39 39 41 42 32 38 42 37 41Depth and Breadth of Offered Equipment,
Products, or Services 200 139 151 163 158 119 151 143 135 146 162 120 166 158 134 161 Total Points 1,000 784 729 729 853 674 793 800 757 733 794 626 787 824 631 784 Rank Order 14.5 24.5 24.5 1 28 10 7 21 23 9 30 12 5 29 14.5 Greg Grunig, Procurement Lead Analyst Michael Muñoz, CPPB, Procurement Analyst Steff Haataja, CPIM, Procurement Analyst Carol Jackson, Procurement Analyst Proposal Evaluation
Road Maintenance Equipment RFP #080521










  



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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 8, 2022
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
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 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. (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 addition of City of Turlock to a five-year agreement with the City of Modesto, SCFPD, and the City of Ceres. This partnership will provide training staff, equipment, and facilities to meet the training needs of the agencies and better serve the communities. #7..
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City Council, June 28, 2022
Fire Department Training Services MOU

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 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 the ongoing training of all operational personnel. With the numerous requirements placed upon the fire service today by the many regulatory agencies, 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.

COMMITTEE RECOMMENDATION:

This item was reviewed and forwarded for approval at the June 13, 2022 Safety and Communities Committee meeting.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, SCFPD, and the City of Turlock for Fire Department Training Services and authorizing the City Manager, or his designee, to execute the Agreement. #7..
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City Council, June 28, 2022
Fire Department Training Services MOU

Approved by:

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

1. Resolution

2. Shared Training MOU
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR

SERVICE BETWEEN THE CITY OF CERES, THE CITY OF MODESTO, THE

STANISLAUS CONSOLIDATED FIRE PROTECTION DISTRICT, AND THE CITY OF

TURLOCK FOR FIRE DEPARTMENT TRAINING SERVICES AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Modesto Fire Department is an all-risk fire department that responds to multiple types of emergency incidents and firefighters must be well trained and proficient in all emergencies; and
WHEREAS, a partnership between the City of Ceres, Modesto Fire Department, Stanislaus Consolidated Fire Protection District, and the City of Turlock, will provide training staff, equipment, and facilities to meet the training needs of the agencies and better serve the communities; and
WHEREAS, the Joint Training Division will be responsible for the ongoing training of all operational personnel; and
WHEREAS, the Modesto Fire Department 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; and
WHEREAS, the City of Ceres will provide the facility for the Joint Training Division, utilizing the existing unstaffed Fire Station No. 3 (17) on Service Road; and WHEREAS, the City of Turlock will provide (1) forty-hour Division Chief and the use of their training facility located at 701 South Walnut Ave. in Turlock, and WHEREAS, the Stanislaus Consolidated Fire Protection District will provide (1) fortyhour training officer and additional administrative support when deemed necessary. #7..
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District, and the City of Turlock for Fire Department Training Services.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

Diane Nayares-Perez, City Clerk
APPROVED AS TO FORM:

BY:

Jose M. Sanchez, City Attorney
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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 #7..
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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 #7..
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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 #7..
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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. #7..
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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 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

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 1, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Exclusive, Non-Consensual Franchise Towing Services Contract CONTACT: Aaron Tait, Lieutenant, [email protected], (209) 572-9500 DESCRIPTION:

Consider accepting the City Manager’s recommendation to award Non-Exclusive, NonConsensual Franchise Towing Services contracts to 12 applicants and scheduling a Public Hearing to consider the award of contracts. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal 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.

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 – all in accordance with Modesto Municipal Code (MMC), Chapter 2 – Procedure for granting public utility franchises. 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.
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City Council, June 28, 2022
Non-Exclusive, Non-Consensual Franchise Towing Services Contract

DISCUSSION:

The current non-exclusive, non-consensual franchise towing service agreement expires 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 agreement would charge the approved applicants $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 by the March 22 deadline. All required documents were reviewed by the Finance Department and all 12 applicants were deemed responsive and responsible on that portion of the review process. Next, the applications and documentation were provided 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 recommended to Council the acceptance of the list, as required by MMC 11-2.04. If the Council accepts, by resolution, the City Manager’s recommendation, the City Clerk will publish a public hearing notice regarding the award of the Non-Exclusive NonConsensual 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
 Ramont’s Tow Service
 Dizney & Wise Towing
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City Council, June 28, 2022
Non-Exclusive, Non-Consensual Franchise Towing Services Contract

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.

COMMITTEE RECOMMENDATION:

This item was presented to the Safety & Communities Committee on June 13, 2022 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the City Manager’s recommendation to award Non-Exclusive, NonConsensual Franchise Towing services contract to twelve (12) applicants; declaring City Council’s intention to consider the applications at the August 9, 2022, City Council meeting; and directing the City Clerk to publish notice of the Hearing in accordance with Modesto Municipal Code Section 11-2.05 et seq.

Approved by:

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

1. Resolution

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

3. RFA 2122-43 Addendum No. 1

4. DRAFT Non-Exclusive, Non-Consensual Franchise Towing Services Agreement #8..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION ACCEPTING THE CITY MANAGER’S RECOMMENDATION

TO AWARD NON-EXCLUSIVE, NON-CONSENSUAL FRANCHISE TOWING SERVICES CONTRACT TO TWELVE (12) APPLICANTS; DECLARING CITY COUNCIL’S INTENTION TO CONSIDER THE APPLICATIONS AT THE AUGUST 9, 2022, CITY COUNCIL MEETING; AND DIRECTING THE CITY

CLERK TO PUBLISH NOTICE OF HEARING IN ACCORDANCE WITH
MODESTO MUNICIPAL CODE SECTION 11-2.05 ET SEQ
WHEREAS, the current non-exclusive, non-consensual franchise towing service agreement expires September 17, 2022; and
WHEREAS, on February 23, 2022, Request for Applications (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; and WHEREAS, sixteen prospective bidders downloaded the RFA documents; and WHEREAS, twelve tow companies submitted applications to the City Clerk’s Office by the March 22 deadline; and
WHEREAS, all required documents were reviewed by the Finance Department and all twelve applicants were deemed responsive and responsible on that portion of the review process; and
WHEREAS, next the applications and documentation were provided to the Franchise Tow Administrator at the Modesto Police Department for review of all supporting documentation, scheduling of site visits and equipment verification, and background checks were initiated in accordance with Modesto Municipal Code Section 11-2.01 through 11-2.03; and
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2 WHEREAS, the applicants have passed all financial, business and insurance requirements, site equipment verification and background checks, all applicants are listed on the Applicant List attached hereto; and
WHEREAS, the list of twelve applicants were forwarded to the City Manager on May 20, 2022, for review and recommendation to City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the City Manager’s recommendation to consider the award of NonExclusive, Non-Consensual Franchise Towing Services contracts to the applicants in the list attached hereto.

BE IT FURTHER RESOLVED, the City Council declares its intent to consider the applications at the public hearing which shall be held at 5:30 p.m. on August 9, 2022, in City Council Chambers located in City Hall, at 1010 10th Street, Modesto, CA 95354 and the City Clerk is directed to publish the notice of said hearing in accordance with Modesto Municipal Code Section 11.2-01 et seq.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
/
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3 ATTEST: _______________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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4 APPLICANT LIST
 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
 Ramont’s Tow Service
 Dizney & Wise Towing*
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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 #8..
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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. #8..
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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. #8..
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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
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+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. #8..
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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 #8..
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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 #8..
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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) #8..
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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: ________________________________________________________________ #8..
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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. #8..
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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. #8..
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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 #8..
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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 #8..
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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. #8..
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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. #8..
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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. #8..
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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 #8..
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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 #8..
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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 #8..
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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. #8..
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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? #8..
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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. #8..
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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. #8..
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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 #8..
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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 #8..
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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. #8..
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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. #8..
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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 #8..
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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 #8..
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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 #8..
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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. #8..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 7, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Youth Commission Updates and Bylaws
CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods [email protected] (209) 577-5347
DESCRIPTION:

Consider, reestablishing and restructuring the City of Modesto Youth Commission, adopting Modesto Youth Commission Bylaws and rescinding Resolution Nos. 74-352, 86-1369 and 89- 449. (Funding Source: General Fund – Recreation Operations) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto Youth Commission (Youth Commission) was established by Resolution No. 74-352 to provide young people the opportunity to participate in the governmental process, and act as liaison between the youth of Modesto and the City Council. In the late 1980’s, by Resolution No. 86-1369, the Commission was initially composed of two high school students from each of the high schools in Modesto, and included a complicated selection and vetting process. In 1989, by Resolution No. 89-449, Council amended the selection process to allow high school principals to recommend names of students interested in serving on the Commission and forward them to Council for appointment.

The Youth Commission remained active through the end of the 2010 school year before falling victim to the impact of the 2009 recession which resulted in a reduction in general fund support for programming. In 2020, a group of local students engaged their peers to restore the Youth Commission and reached out to Mayor Zwahlen and Vice Mayor Escutia-Braaton. After two roundtable discussions with students and staff, a formation Advisory Board was created as a pilot group to review and update the membership criteria and application process, create bylaws, set youth-oriented goals, and initiate the application process for the 2022-2023 school year.
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City Council, June 28, 2022
Youth Commission Updates and Bylaws