Agenda packet, first session — Modesto City Council, September 13, 2022 (part 3 of 6)

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United States
559482 28-JAN-22 COM HDL MODESTO 1010 10TH STREET 100.00 21-JUL-22 MODESTO, CA 95354
United States
562164 01-APR-22 CoM Utilities MODESTO 1010, 10th Street 350.00 15-JUL-22 Modesto, CA 95354
United States
564779 03-JUN-22 CoM PRN MODESTO 1010 10th STREET 711.50 21-JUL-22 MODESTO, CA 95354
United States
564805 03-JUN-22 CoM Utilities MODESTO 1010, 10th Street 139.23 15-JUL-22 CoM PRIMARY Report Date: 04-AUG-2022 09:55
Void Payment Register Page: 2
Include Zero Amount Payments: No Period From: 01-JUL-22 To: 31-JUL-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
564805 1010, 10th Street
Modesto, CA 95354
United States
564905 03-JUN-22 TEREX USA LLC MAIN 200 NYALA FARMS ROAD 6,655.15 21-JUL-22 WESTPORT, CT 06880
United States
565434 17-JUN-22 BLACKETT, JOSEPH & NANCY TR MAIN 721 ROXLAND BLVD 4,285.22 15-JUL-22 NOVATO, CA 94947
United States
565668 24-JUN-22 COM HDL MODESTO 1010 10TH STREET 100.00 15-JUL-22 MODESTO, CA 95354
United States
565756 24-JUN-22 CoM Rebate Modesto 1010 10th STREET 2,777.50 15-JUL-22 MODESTO, CA 95354
United States
566279 08-JUL-22 CoM PRN MODESTO 1010 10th STREET 67.42 21-JUL-22 MODESTO, CA 95354
United States
566481 08-JUL-22 MODESTO CONFIDENTIAL AND MAIN MANAGMENT ASSOCIATION 695.76 15-JUL-22 P O BOX 128
MODESTO, CA 95353
United States
566484 08-JUL-22 MODESTO POLICE FOUNDATION MAIN 600 10TH STREET 1,375.27 15-JUL-22 MODESTO, CA 95354
United States
566488 08-JUL-22 MODESTO'S FIRST FEDERAL CRE MAIN UNION 80,596.45 15-JUL-22

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430 12YH STREET
MODESTO, CA 95354
United States
566498 08-JUL-22 POLICE FITNESS CENTER MAIN 500 9TH STREET 54.00 15-JUL-22 MODESTO, CA 95354
United States
566543 15-JUL-22 COM HDL MODESTO 1010 10TH STREET 100.00 21-JUL-22 MODESTO, CA 95354
United States
566569 15-JUL-22 CoM Rebate Modesto 1010 10th STREET 2,777.50 21-JUL-22 MODESTO, CA 95354
United States
566570 15-JUL-22 CoM Utilities MODESTO 1010, 10th Street 139.23 21-JUL-22 Modesto, CA 95354
United States
566573 15-JUL-22 CoM Utilities MODESTO 1010, 10th Street 156.63 21-JUL-22 Modesto, CA 95354
United States
566574 15-JUL-22 CoM Utilities MODESTO 1010, 10th Street 350.00 21-JUL-22 Modesto, CA 95354
United States
CoM PRIMARY Report Date: 04-AUG-2022 09:55
Void Payment Register Page: 3
Include Zero Amount Payments: No Period From: 01-JUL-22 To: 31-JUL-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
566603 15-JUL-22 BLACKETT, JOSEPH & NANCY TR MAIN 721 ROXLAND BLVD 8,570.44 21-JUL-22 NOVATO, CA 94947
United States
566672 15-JUL-22 MODESTO CONVENTION AND MAIN1 VISITORS BUREAU 796.60 21-JUL-22 1008 12TH STREET
MODESTO, CA 95354
United States
-----------------
Payment Document Subtotal 113,465.18
-----------------
Bank Account Subtotal 113,465.18
CoM PRIMARY Report Date: 04-AUG-2022 09:55
Void Payment Register Page: 4
Include Zero Amount Payments: No Period From: 01-JUL-22 To: 31-JUL-22

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Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
813818 06-JUL-22 MCCOY TRUCK TIRE SERVICE CT E-PAY 2769 E-PAY 2769 479.92 21-JUL-22 MODESTO, CA 95351
United States
813839 13-JUL-22 EVOQUA WATER TECHNOLOGIES E-PAY 5974 E-PAY 5974 17,560.97 13-JUL-22 CHICAGO, IL 60673
United States
813857 13-JUL-22 SHIBUMI CONSULTING SERVICES E-PAY 2474 E-PAY 2474 9,250.00 21-JUL-22 TEMPE, AZ 85282
United States
-----------------
Payment Document Subtotal 27,290.89
-----------------
Bank Account Subtotal 27,290.89
-----------------
Report Count: 36 Report Total 140,756.07
*** End of Report ***

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
TO: Mayor and City Council Date: August 11, 2022
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Salida Tax Revenue Sharing Agreement
CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving an Agreement with Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the City of Modesto. (Funding Source: General Fund).

STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Salida Fire Protection District (“District”) is currently responsible for fire suppression and prevention and receives the District Revenue (property tax) generated within its jurisdictional boundaries. District and City of Modesto (“COM”) are currently in the negotiation and approval process to enter into a full fire protection services agreement. Under the approved agreement, COM will provide the following services within District’s jurisdictional boundaries: fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue.

Both COM and District desire to enter into an agreement to allocate District Revenues.

DISCUSSION:

The agreement shall become effective on the date that it becomes approved by both District and COM. It shall terminate only upon the mutual agreement of the parties.

It is agreed by both District and COM that an equitable sharing of future District Revenue from the Woodglen Residential Neighborhood Annexation will benefit the overall organization of fire protection agencies and their cooperative ability to provide adequate emergency services.

Under the proposed agreement, the District will continue to annually receive the same amount of District Revenue that it receives currently (known as the “Base District Revenue”). As development occurs and District Revenue increases in future years (due to increased property #14..
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City Council, September 13, 2022
Salida Tax Revenue Sharing Agreement

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assessments), the City will receive all of the new revenue, up to a maximum of 200% of the Base District Revenue retained by the District each year. Any additional District Revenue will be split equally between the City and District.

FISCAL IMPACT:

This agreement positively impacts the General Fund, as both District and City intend that all District Revenues will ultimately be split equally (50/50) between them for the Woodglen Residential Neighborhood Annexation.

The estimated revenue for the remainder of Fiscal Year 22-23 is $50,000. The estimated revenue for Fiscal Year 23-24 is $150,000.

COMMITTEE RECOMMENDATION:

This item was not reviewed at the Committee level in order to be presented to City Council alongside the Salida Fire Protection District contract for fire services.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement between the City of Modesto and the Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the city, and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

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

1. Resolution Approving Agreement

2. Agreement

3. Exhibit A
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AGREEMENT WITHSALIDA FIRE

PROTECTION DISTRICT FOR THE ALLOCATION OF DISTRICT REVENUE

RESULTING FROM THE ANNEXATION OF PROPERTY(IES) WITHIN THE

WOODGLEN RESIDENTIAL NEIGHBORHOOD AND FUTURE

ANNEXATIONS TO THE CITY OF MODESTO, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Salida Fire Protection District (“District”) is currently responsible for fire suppression and prevention and receives the District Revenue (property tax) generated within its jurisdictional boundaries; and WHEREAS, District and City of Modesto (“COM”) are currently in the negotiation and approval process to enter into a full fire protection services agreement; and
WHEREAS, under the approved agreement, COM will provide the following services within District’s jurisdictional boundaries: fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue; and
WHEREAS, both COM and District desire to enter into an agreement to allocate District Revenues; and
WHEREAS, the agreement shall become effective on the date that it becomes approved by both District and COM. It shall terminate only upon the mutual agreement of the parties; and
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WHEREAS, it is agreed by both District and COM that an equitable sharing of future District Revenue from the Woodglen Residential Neighborhood Annexation will benefit the overall organization of fire protection agencies and their cooperative ability to provide adequate emergency services; and
WHEREAS, under the proposed agreement, the District will continue to annually receive the same amount of District Revenue that it receives currently (known as the “Base District Revenue”). As development occurs and District Revenue increases in future years (due to increased property assessments), the City will receive all of the new revenue, up to a maximum of 200% of the Base District Revenue retained by the District each year. Any additional District Revenue will be split equally between the City and District; and
WHEREAS, this agreement positively impacts the General Fund, as both District and City intend that all District Revenues will ultimately be split equally (50/50) between them for the Woodglen Residential Neighborhood Annexation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the City of Modesto.

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 13th day of September, 2022, by Councilmember ?, who #14..
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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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AGREEMENT BETWEEN THE CITY OF MODESTO AND THE SALIDA

FIRE PROTECTION DISTRICT FOR THE ALLOCATION OF DISTRICT

REVENUE RESULTING FROM THE ANNEXATION OF

PROPERTY(IES) WITHIN THE WOODGLEN RESIDENTIAL NEIGHBORHOOD AND

FUTURE ANNEXATIONS TO THE CITY
This agreement ("Agreement") is entered into as of __________ by and between the City of Modesto, a California charter city ("CITY") and the Salida Fire Protection District ("DISTRICT"), a California special district organized and governed by the Fire Protection Law of 1987 (California Health & Safety Code Section 13800, et.seq.).

RECITALS
This Agreement is made with reference to the following facts:

A. DISTRICT is responsible for fire suppression and prevention within the territory governed by this Agreement and receives the District Revenue, as defined herein, generated within the DISTRICT boundaries.

B. CITY and DISTRICT desire to enter into this Agreement to allocate District Revenues in the event of Annexation of the territory covered by this Agreement to the CITY.

C. CITY and DISTRICT agree it is in th e best interest of the public that the area subject to annexation receives fire and life safety services jointly from CITY and DISTRICT.

D. CITY and DISTRICT agree it is the intent of both parties, and in the overall public interest, to ensure both agencies receive sufficient District Revenues to provide adequate levels of fire and emergency services within the affected Territory and are able to provide assistance to other fire protection agencies in a cooperative manner.

E. It is agreed that an equitable sharing of future District Revenue from the Affected Territory will benefit the overall organization of fire protection agencies and their cooperative ability to provide adequate emergency services.

NOW THEREFORE the CITY and DISTRICT hereby agree as follows:

1. Effect of Recitals.

The foregoing recitals set forth the intent of the CITY and DISTRICT in entering into this Agreement.
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2 2. Definitions.

2.1 "Affected Territory" means any territory within the boundaries of the District that are annexed into the City without detachment from the District.

2.2 "Annexation" means the annexation, inclusion, attachment, or addition of territory to a city or district. Government Code Section 56017.

2.3 "Detachment" means the detachment, de-annexation, exclusion, deletion, or removal of any portion of the territory of that city or district. Government Code Section 56033.

2.4 "Change of Organization" means an Annexation to, or detachment from a city or district. Government Code Section 56021.

2.5 "District Revenues" shall mean any allocation of the property tax due the District from the Affected Territory. It shall also include any District special tax as authorized by Health & Safety Code Section 13911, any District special tax as authorized by Health & Safety Code Section 13912, any District special tax for fire protection as authorized by Health & Safety Code Section 13913, any District assessment for fire suppression service as authorized by Health & Safety Code Section 13914, and District assessments to finance capital improvements as authorized by Health & Safety Code Section 13915 and any fee authorized by Health & Safety Code Section 13916 for services of the District levied on an interested party and other public agency, except the City, within the Affected Territory. District Revenues shall not include grants, gifts, bequests or litigation or insurance recoveries.

2.6 "Effective Date" means the date at which the Annexation of Affected Territory into the City. This is the date the Annexation is recorded by the Stanislaus LAFCO staff, unless a different Effective Date is set forth in the LAFCO resolution approving the Change of Organization.

2.7 "Fiscal Year" means July 1 of any given year- June 30 of the next year utilized for property tax purposes.

2.8 “Woodglen Area” means that territory defined in the Woodglen Residential Neighborhood Annexation for which a change of organization or reorganization is proposed or ordered. The Woodglen Area includes the APN Nos. identified in Exhibit A . The Woodglen Area shall be Affected Territory under this Agreement except where explicitly specified otherwise.

2.9 Upon the Effective Date of the Annexation of the Affected Territory to the CITY, the amount of District Revenue generated from the Affected Territory in the fiscal year in which the Effective Date occurs shall be designated as the "Base District Revenue".
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3 3. Effect of Annexation on Affected Territory.

Upon the annexation o f Affected Territory to the CITY, CITY and DISTRICT will jointly be responsible for fire suppression and prevention within the Affected Territory, and all future annexations. T h e C I T Y a n d DISTR I C T will meet in good fa ith and develop a resp ons e model that ensures bo th entities respond to the affected area . The Affected Territory( i e s ) will not be Detached from DISTRICT.

4. Allocation of DISTRICT Revenue to CITY.

The DISTRICT shall retain the Base District Revenue for the entire fiscal year in which the Effective Date falls. The Parties acknowledge that this will likely result in CITY providing joint fire and life safety services with DISTRICT in the Affected Territory for a period of several months prior to the City receiving any share of District Revenues. In the first Fiscal Year following the Effective Date, and in each Fiscal Year thereafter, City shall receive o n e h u n d r e d p e r c e n t ( 100%) of District Revenues actually received by District in excess of the Base District Revenue. In the first Fiscal Year during which District Revenues exceed two times the Base District Revenue, and in each Fiscal Year thereafter, the amount of District Revenue actually received by DISTRICT in excess of two times Base District Revenue shall be split evenly (50%/50%) between DISTRICT and CITY.

5. Annual Transfer of Funds from DISTRICT to CITY.

In the first Fiscal Year following the Effective Date and in each Fiscal Year thereafter, the DISTRICT shall transfer to CITY, within 60 days of the end of the fiscal year, the amount of District Revenue owed to CITY in accordance with Section 4 above.

6. Support for Annexation to the City.

DISTRICT agrees not to oppose or attempt to frustrate any future Annexation(s) of Territory to the CITY and CITY agrees to not request Detachment of any Territory from the DISTRICT, in any Change of Organization or reorganization proceeding before LAFCO.The CITY and DISTRICT agree that all future annexations will result in a tax revenue sharing allocation as outlined in section 4 above.

7. Assurances on Use of Revenue.

CITY recognizes that District Revenues transferred to it by this Agreement could have been appropriated by DISTRICT to meet public safety service demands.

CITY agrees to utilize its share of the District Revenues to provide fire prevention and life safety services within the Affected Territory(ies). City agrees to ensure funds it receives pursuant to this Agreement will be available to benefit the Affected Territory(ies), under mutual aid or other cooperative agreements.

8. No Restriction on District or City Discretion.

Nothing in this Agreement is intended or shall be construed to limit or restrain DISTRICT or CITY's independent discretion to make budgetary, legislative or staffing decisions regarding levels of service that it deems necessary for overall safety and welfare of the Affected Territory(ies).
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4 9. Term of Agreement and Termination.

The Agreement shall become effective after approval by the governing board of the both the City and District and on the d a t e f i r s t w r i t t e n a b o v e . The Agreement may be terminated only upon the mutual written agreement of the parties, or upon a material breach of this Agreement by either party and a failure of the breaching party to correct such breach after notice and a reasonable opportunity to cure..

10. Renegotiation Due to Change in Law.

In entering into this Agreement, the parties mutually assume the continuation of the existing statutory scheme for the allocation and distribution of available District Revenue to the District. Accordingly, it is mutually understood and agreed that should changes in law occur that materially affect the terms of this Agreement, or should the District’s authorization to collect any type of District Revenue that it collects as of the effective date of this Agreement terminate, the parties shall meet to attempt to resolve any difficulties that are thereby created. "Materially Effect" as used in this Agreement shall include but not be limited to a decrease in District Revenue of five percent (5%) in any single Fiscal Year and only applies to a change in law, not a change in the facts serving as the basis for this Agreement. Any party contending this section applies shall give written notice pursuant to this section, which notice shall include an explanation of the reasons for the request to meet and attempt to resolve any claim of Material Effect. If, after 180 days of good faith negotiations, the Parties are unable to agree upon a resolution, either Party may terminate this agreement with 90 days written notice.

11. Modification.

This Agreement may be modified or amended only by a writing duly authorized and executed by CITY and DISTRICT.

12. Administrative and Ministerial Action.

CITY and DISTRICT, will insofar as is legally possible, fully carry out the intent and purposes hereof, if necessary, by administrative and ministerial action independent of their legislative power.

13. Integration.

This Agreement is intended to be an integrated agreement and supersedes any and all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever between CITY and DISTRICT as to the subject matter of this Agreement.

14. Notice.

All notices, requests, determinations or other correspondence required or allowed by law or this Agreement to be provided by the parties shall be in writing and shall be deemed given and received when delivered to the recipient by certified mail or by facsimile transmission at the following addresses:
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5 Fire Chief Fire Chief
Modesto Fire Department Salida Fire Protection District 409 12th Street P.O. Box 1335
Modesto, CA 95354 Salida, CA 95368
City Manager District Counsel
City of Modesto Law Offices of William D. Ross
1010 10th Street, Ste. 6100 400 Lambert Ave.

Modesto, CA 95354 Palo Alto, CA 94301

15. Dispute Resolution.

Any dispute arising out of or relating to the interpretation or application of this Agreement, or any District Revenue or Base District Revenue calculation hereunder shall be submitted to the respective Fire Chiefs of CITY and DISTRICT for resolution. If the dispute is not resolved there, it may be submitted to mediation upon mutual agreement of CITY and DISTRICT. In the event the dispute is not settled by the Fire Chiefs and/or in mediation, within six months after one party gives the other party notice in accordance with this Agreement of the dispute, the matter shall be submitted to final and binding arbitration before one arbitrator in Modesto. The arbitrator will be chosen from a panel of three proposed by the American Arbitration Association by alternate strikes. Arbitration may be requested by either party.

This Agreement to arbitrate shall be specifically enforceable under the jurisdiction of the Superior Court of the State of California in Stanislaus County, but any award rendered by the arbitrator may be entered in any court having jurisdiction.

This section shall result in the conclusive, final and binding resolution of arbitrable claims between the parties. Arbitration shall proceed according to the "fast track" rules of the American Arbitration Association then in effect. DISTRICT and CITY shall have the right to take no more than three (3) depositions apiece as a matter of right, without regard to the "fast track" rules. The arbitrator shall apply the substantive law of California.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party's actual damages (excluding litigation costs and fees) against any party. #14..
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6 This limitation of the arbitrator's powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator's award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

16. Assignment.

This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the parties to this Agreement and their respective administrators.

This Agreement may not be assigned by either party without written consent of the other party.

17. Governing Law.

This Agreement shall be governed by the laws of the State of California without reference to its choice of law jurisprudence.

18. Severability.

If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severed from the remainder of the Agreement and shall not in any way impair the enforceability of any other provision of this Agreement.

19. Compliance with Applicable Law.

In providing the services required by this Agreement, CITY and DISTRICT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations.

20. Authority to Contract.

CITY and DISTRICT each warrant that they are respectively legally permitted and otherwise have the authority to enter into this Agreement and perform their respective obligations.

21. Third Party Beneficiaries.

Nothing contained in this Agreement shall be construed to create any rights in third parties and the parties do not intend to create any such rights.

22. No Party Deemed to be Draftsman.

The parties acknowledge and agree that this Agreement has been arrived at through negotiation and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654.

23. Counterparts.

This Agreement may be executed in multiple counterparts, which may be transmitted by facsimile, each of which shall, for all purposes, be deemed an original, but which together shall constitute one and the same instrument. #14..
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7 24. Indemnity.

CITY agrees to indemnify, defend and hold DISTRICT harmless from and against any claims, demands, suits, damages, or liability of any kind or nature to the proportionate extent caused by the CITY's negligence or other wrongful acts arising out of or relating to CITY's performance of its fire and/or life safety services pursuant to this Agreement without regard to the availability of insurance coverage.

DISTRICT agrees to indemnify, defend and hold CITY harmless from and against any claims, demands, suits, damages, or liability of any kind or nature to the proportionate extent caused by the DISTRICT's negligence or other wrongful acts arising out of or relating to District's performance of its fire and/or life safety services pursuant to this Agreement without regard to the availability of insurance coverage.

25. Additional Insured Requirement.

DISTRICT and CITY shall each cause the other to be included as an additional insured to their insurance policies offering or potentially offering coverage for fire and/or life safety services.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022 , adopted by the Council of the City of Modesto on the day of , 2022, and the Salida Fire Protection District has caused this Agreement to be duly executed in duplicate as of the Effective Date.
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8 SALIDA FIRE PROTECTION DISTRICT
By:

Tom Bert, Salida District Board Member
Dated: , 2022
APPROVED AS TO FORM:

By:

William D. Ross, District Counsel
Dated: , 2022

CITY OF MODESTO
By:

Joseph Lopez, City Manager
Dated: , 2022
ATTEST:

By:

Diane Nayares-Perez, City Clerk
Dated: , 2022
APPROVED AS TO FORM:

By:

Jose Sanchez, City Attorney
Dated: , 2022
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Exhibit A
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
TO: Mayor and City Council Date: August 11, 2022
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Salida Contract for Fire Services
CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving an Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District for a five-year term, with a two-year extension option; approving the side letter to the Modesto City Fire Fighters Association Memorandum of Understanding as it relates to the Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District; amending the Position Allocation for Fiscal Year 2022-23 as adopted in the operating budget; approving an application to the Stanislaus Local Agency Formation Commission to confirm the City of Modesto’s fire services contract with the Salida Fire Protection District; and amending the Fiscal Year 2022-23 Operating Budget by $1,727,016 in revenues and $1,677,016 in expenses. (Funding Source:

General Fund).

STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Salida Fire Protection District (“District”) authorized staff to explore contract for fire services agreements in May 2022. Discussion began between District and the City of Modesto (“COM”) to provide the following services within District’s jurisdictional boundaries: fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue.

Additionally, District has been without a Fire Chief since May 2, 2022 and was in immediate need of a designated Fire Chief during the period of time of the full fire protection services agreement negotiation and approval process. Subsequently, District requested COM’s assistance for temporary Fire Chief Services during the negotiation #15..
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City Council, September 13, 2022
Salida Contract for Fire Services

Page 2 of 3 ends

and approval process. On July 12, 2022, City Council approved Resolution 2022-302 to authorize temporary Fire Chief services to District.

Effective January 1, 2016, Government Code Section 56134 requires fire protection contracts or agreements for the exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries to be reviewed by the Local Agency Formation Commission.

DISCUSSION:

The Salida Fire Protection District has requested to contract with COM for services beyond its current jurisdictional boundaries. In response to this request, staff has conducted an in-depth assessment of the staffing and resources required to support the request as outlined above. It has been determined that additional staffing, as outlined in the Agreement, will consist of one (1), three (3)-member company at Station 12.

The initial term of the Agreement will be for five years, from September 27, 2022 through June 30, 2027, with the option of an additional two-year extension. District will compensate COM for all services provided, pursuant to the terms and conditions of the Agreement. Upon expiration or termination of the Agreement, it is the intention of District to offer employment to personnel affected by the termination.

FISCAL IMPACT:

It is anticipated that this Agreement will generate approximately $9,474,491 in new revenue to the General Fund over the five-year term. The total anticipated expenses to the General Fund in order to perform the duties of the Agreement (including salary and benefits, fleet maintenance, and service and supplies) are approximately $9,224,491. The net revenue for the five-year term of the Agreement is estimated at approximately $250,000 and accounts for COM’s fire administrative support and overhead costs. This Agreement positively impacts the General Fund through the economies of scale from regionalization.

The table below shows the impact to the General Fund in Fiscal Year 2022-23.

Revenue $1,727,016
Salary & Benefits $1,352,116
Discretionary $324,900
Total Expenditures $1,677,016
Net Revenue $50,000
COMMITTEE RECOMMENDATION:

This item was not reviewed at the Committee level in order to expedite the potential service agreement to provide uninterrupted fire protection services to the Salida Fire Protection District.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement to provide Fire Protection Services between the City of #15..
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City Council, September 13, 2022
Salida Contract for Fire Services

Page 3 of 3 ends

Modesto and the Salida Fire Protection District for a five-year term, with a two-year extension option and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving the side letter to the Modesto City Fire Fighters Association Memorandum of Understanding as it relates to the Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the Agreement..

Resolution amending the Position Allocation for Fiscal Year 2022-23 as adopted in the operating budget.

Resolution approving an application to the Stanislaus Local Agency Formation Commission to confirm the City of Modesto’s Fire Services Contract with the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the application.

Resolution amending the Fiscal Year 2022-23 Annual Operating Budget to increase the revenue budget by $1,727,016 and expense budget by $1,677,016 in the new General Fund cost center 18217 (MFD – Fire Services for Salida), and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

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

1. Resolution Approving Agreement

2. Resolution Approving MCFFA Side Letter

3. Resolution Amending Salida Position Allocation

4. Resolution Approving LAFCO Application

5. Resolution Amending Budget

6. MCFFA Side Letter

7. Contract for Fire Services & Exhibits A-E
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AGREEMENT TO PROVIDE FIRE

PROTECTION SERVICES BETWEEN THE CITY OF MODESTO AND THE

SALIDA FIRE PROTECTION DISTRICT FOR A FIVE-YEAR TERM, WITH A

TWO-YEAR EXTENSION OPTION AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Salida Fire Protection District (“District”) authorized staff to explore contract for fire services agreements in May 2022; and WHEREAS, discussion began between District and the City of Modesto (“COM”) to provide the following services within District’s jurisdictional boundaries:
fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue; and
WHEREAS, District has been without a Fire Chief since May 2, 2022 and was in immediate need of a designated Fire Chief during the period of time of the full fire protection services agreement negotiation and approval process; and WHEREAS, City Council subsequently approved Resolution 2022-302 on July 12, 2022 to authorize temporary Fire Chief services to District; and WHEREAS, effective January 1, 2016, Government Code Section 56134 requires fire protection contracts or agreements for the exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries to be reviewed by the Local Agency Formation Commission; and
#15..
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WHEREAS, staff has conducted an in-depth assessment of the staffing and resources required to support the request as outlined above, and it has been determined that additional staffing, as outlined in the Agreement, will consist of one (1), three (3)- member company at Station 12; and
WHEREAS, the initial term of the Agreement will be for five years, from September 27, 2022 through June 30, 2027, with the option of an additional two-year extension; and
WHEREAS, District will compensate COM for all services provided, pursuant to the terms and conditions of the Agreement. Upon expiration or termination of the Agreement, it is the intention of District to offer employment to personnel affected by the termination; and
WHEREAS, it is anticipated that this Agreement will generate approximately $9,474,491 in new revenue to the General Fund over the five-year term. The total anticipated expenses to the general fund in order to perform the duties of the Agreement (including salary and benefits, fleet maintenance, and service and supplies) are approximately $9,224,491. The net revenue for the five -year term of the Agreement is estimated at approximately $250,000 and accounts for COM’s fire administrative support and overhead costs. This Agreement positively impacts the General Fund through the economies of scale from regionalization.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement to provide fire protection services between the City of Modesto and the Salida Fire Protection District for a five-year term, with a two-year extension option.
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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 13th day of September, 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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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING THE SIDE LETTER TO THE MODESTO CITY

FIRE FIREFIGHTERS ASSOCIATION MEMORANDUM OF

UNDERSTANDING AS IT RELATES TO THE AGREEMENT TO PROVIDE

FIRE PROTECTION SERVICES BETWEEN THE CITY OF MODESTO AND

SALIDA FIRE PROTECTION DISTRICT, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the current Memorandum of Understanding (MOU) between the City of Modesto (CITY) and the Modesto Fire Fighters Association (MCFFA) expires on June 30, 2024; and
WHEREAS, representatives of the CITY and the MCFFA have met and conferred in good faith concerning vacation boards and minimum staffing; and WHEREAS, the CITY and MCFFA have reached agreement on language changes for a Letter of Agreement (LOA) which, upon execution, shall be attached hereto and made a part hereof; and
WHEREAS, the LOA provides as follows:

ARTICLE 18, MINIMUM STAFFING, Effective September 27, 2022, Article 18 Section A shall remain in full force and effect relative to District Firefighters with the understanding that City shall provide, on a twenty-four (24) hour, seven (7) day per week basis, one (1) three (3) member company at Station 12. Additional qualified fire personnel may be assigned to the Station as determined by the City Fire Chief or his/her designee to provide supplemental Fire Services or staffing for special events, anticipated weather events, or operational capacity. Minimum staffing level for District shall be (3) members per Engine Company. Due to staffing, 9 (nine) positions will be allocated; and ARTICLE 26, PROBATION, newly hired District employees shall serve a one #15..
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(1) year probationary period. Employees currently on probation will be considered probationary employees for all rules and regulations regarding their probationary status.

Further, probationary employees shall pass all testing and requirements of the Fire Department. Employees not on probation at the time of this agreement shall be entitled to the Firefighter Bill of Rights; and
WHEREAS, this contract amendment shall become effective upon ratification by the MCFFA and adoption by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council hereby approves the side letter to the Modesto City Fire Firefighters Association Memorandum of Understanding as it relates to the Agreement to provide fire protection services between the City of Modesto and Salida Fire Protection District.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the City Manager or designee is hereby authorized to execute the side letter.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

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

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2022-23 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council on June 07, 2022, as part of the Annual Budget of the City of Modesto for Fiscal Year 2022-23, and
WHEREAS, classifications are being added per the contract for fire services with the Salida Fire Protection District, and
WHEREAS, position changes will be effective the first day of the pay period upon adoption, unless otherwise noted, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2022-23 Operating Budget for the Modesto Fire Department as follows:

1. Add three (3) Firefighters in the Fire Services for Salida Division (18217) of the Modesto Fire Department.

2. Add three (3) Fire Engineers in the Fire Services for Salida Division (18217) of the Modesto Fire Department.

3. Add three (3) Fire Captains in the Fire Services for Salida Division (18217) of the Modesto Fire Department.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 13th day of September 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:
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AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

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

By: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN APPLICATION TO THE STANISLAUS

LOCAL AGENCY FORMATION COMMISSION TO CONFIRM THE CITY OF MODESTO’S FIRE SERVICE CONTRACT WITH THE SALIDA FIRE

PROTECTION DISTRICT AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE APPLICATION
WHEREAS, effective January 1, 2016, Government Code Section 56134 requires fire protection contracts or agreements for the exercise of new or extended fire protection services outside a public agency’s jurisdictional boundaries to be reviewed by the Local Agency Formation Commission, and
WHEREAS, on September 13, 2022, by Resolution 2022-XXX, the City Council approved an agreement to provide fire protection services between to the City of Modesto and the Salida Fire Protection District, and
WHEREAS, this Resolution of Application is proposed pursuant to Government Code Section 56134(c), and
WHEREAS, pursuant to Government Code Section 56134(e) and 56134(f), a plan for services and independent fiscal analysis shall be prepared and submitted with the application, and
WHEREAS, the application for review of a fire service contract is considered exempt from the California Environmental Quality Act under the General Rule, Section 15061(b)(3) as it can be seen with certainty that there will not be a significant effect on the environment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the application to the Local Agency Formation Commission to #15..
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confirm the City of Modesto’s fire service contract with the Salida Fire Protection District.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the City Manager or designee is hereby authorized to execute the application.

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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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 ANNUAL

OPERATING BUDGET TO INCREASE THE REVENUE BUDGET BY
$1,727,016 AND EXPENSE BUDGET BY $1,677,016 IN THE NEW
GENERAL FUND COST CENTER 18217 (MFD – FIRE SERVICES FOR

SALIDA), AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, the Salida Fire Protection District (District) authorized staff to explore contract fire services agreement discussions with the City of Modesto; and WHEREAS, the following services within the District’s jurisdictional boundaries are in discussion to being added as part of the contract services: fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue and water rescue; and WHEREAS, the District has requested to contract with the City of Modesto for services beyond its current jurisdictional boundaries; and
WHEREAS, in response to this request City staff has conducted an in-depth assessment of the staffing and resources required to support the request of the District and determined the required costs and supporting revenue that would be required to sustain this five-year contract with the district for said services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2022-23 Annual Operating Budget to increase the revenue budget by $1,727,016 and expense budget by $1,677,016 in the new General Fund cost center 18217 (MFD – Fire Services for Salida).

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #15..
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2 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September 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 votes:

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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Letter of Understanding
Between
City of Modesto
And
Modesto City Fire Fighters Association, IAFF Local 1289 The City of Modesto, hereby referred to as “City” and the Modesto City Firefighters Association, IAFF Local 1289, hereby referred to as “Union” execute this Letter of Understanding (“LOU”) on this ______ day of September 2022 regarding the Salida Fire Protection District (“District”) Contract for Services Agreement (“Agreement”) with the City.

The City and the Union agree:

Article 18. MINIMUM STAFFING POLICY

1. Effective September 27, 2022, Article 18 Section A shall remain in full force and effect relative to District Firefighters with the understanding noted in (a) below. a. Staffing. City shall provide, on a twenty-four (24) hour, seven (7) day per week basis, one (1) three (3) member company at Station 12. Additional qualified fire personnel may be assigned to the Station as determined by the City Fire Chief or his/her designee to provide supplemental Fire Services or staffing for special events, anticipated weather events, or operational capacity. Minimum staffing level for District shall be (3) members per Engine Company. Due to staffing, 9 (nine) positions will be allocated.

2. The Union will not consider a reduction in the staffing model noted above.

Article 26. PROBATION

1. Newly hired District employees shall serve a one (1) year probationary period.

2. Employees currently on probation will be considered probationary employees for all rules and regulations regarding their probationary status. Further, probationary employees shall pass all testing and requirements of the Fire Department.

3. Employees not on probation at the time of this agreement shall be entitled to the Firefighter Bill of Rights.
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This Letter of Understanding shall become effective upon ratification by the effective membership of the Union and by the Modesto City Council.

CITY OF MODESTO
By:_____________________________ Dated:_______________
Christina Alger
Director of Human Resources
MODESTO FIREFIGHTERS, IAFF Local 1289
By:_____________________________ Dated:_______________
Ruben Esparza
President, MCFFA Local 1289
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AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES BETWEEN THE CITY

OF MODESTO AND THE SALIDA FIRE PROTECTION DISTRICT
This Agreement (“Agreement”) is made and entered into this ____ day of _____ 2022 (the “Effective Date”), by and between the City of Modesto ("City"), a California municipal corporation, and the Salida Fire Protection District (“District”), a California special district, collectively referred to as the “Parties” in this Agreement.

RECITALS
WHEREAS, both the City and District provide fire protection, prevention, suppression services, and related services such as emergency medical services, emergency preparedness, mitigation of hazardous materials incidents, and special operations including, but not limited to, confined space rescue, technical rescue, and water rescue within the territorial limits of the cities of City and District, and in unincorporated areas of the County of Stanislaus (“County”); and WHEREAS, District desires to contract with City for the provision of fire protection services (“Fire Services”), within the District; and
WHEREAS, District is willing, able and possesses the capacity to perform the Fire Services; and
WHEREAS, the Parties desire to enter into a fruitful and long-term partnership for the provision of the Fire Services; and
WHEREAS, the Parties agree that this Agreement will ensure provision of continued Fire Services; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to the Fire Services to be provided to District by City; and WHEREAS, this Agreement is entered into pursuant to Government Code sections 54981 and, Health and Safety Code section 13800 et seq., including, but not limited to, sections 13861, 13862, 13863, and 13878; and
WHEREAS, the Parties acknowledge they have complied with the provisions of the MeyersMilias-Brown Act (Government Code §§ 3500 et seq.) and applicable laws, rules, and ordinances with respect to its employees affected by this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, it is agreed by and between the Parties hereto as follows:
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ARTICLE I

DEFINITIONS

1.1. Capital Improvements.
"Capital Improvements" means any planned improvements, capital upgrades, or replacements of equipment, vehicles, apparatuses, fire stations and/or other facilities or property, excluding Major Repairs and Minor Repairs.

1.2. Fire Services.
“Fire Services” means those services described in Article IV of this Agreement and listed under Health and Safety Code section 13862.

1.3. Fiscal Year.
“Fiscal Year” means the annual period commencing on July 1 and ending June 30 of any calendar year.

1.4. Major Repair.
$5,000.
“Major Repair” means any unplanned repair or maintenance work in excess of

1.5. Minor Repair.
“Minor Repair” means any repair or maintenance work of a preventive and routine nature due to normal wear and tear for $5,000 or less.

ARTICLE II

TERM OF AGREEMENT

2.1. Initial Term. The initial term of this Agreement shall be for approximately five (5) fiscal years from September 27, 2022 through June 30, 2027

2.2. Extension of Term. This Agreement may, by approval of the Parties and their governing bodies, be extended for one additional two (2) year term; provided, however, that all Parties receive final approval for such extension no later than June 30, 2026. Due to Fiscal Year appropriation and budget planning, June 30, 2026 shall be considered a firm date, unless all the Parties agree in writing to allow a later date for approval by the Parties’ respective governing bodies.

2.3. Termination. Notwithstanding Sections 2.1 and 2.2 and any other provision of this Agreement, either Party may terminate this Agreement by providing twelve (12) months' written notification to the other Party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Written notification of termination shall be in the form of a Resolution by the applicable Party’s governing body. The twelve (12) months’ written notification requirement shall not be triggered until such Resolution is tendered, delivered, or #15..
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Page 3 of 15 ends

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mailed to the other Party. Notwithstanding the foregoing, the City may terminate this Agreement pursuant to Section 6.2 of this Agreement.

ARTICLE III

DISTRICT STATIONS, VEHICLES, AND EQUIPMENT

3.1. Title and Use of Equipment, Vehicles and Apparatuses. District shall maintain ownership and title of vehicles, equipment, and apparatuses, including such property identified in Exhibit A, and shall permit, allow, and does hereby authorize City to utilize such property (and any other such property, vehicles, apparatuses, or equipment so hereafter acquired by District) to provide services to District pursuant to this Agreement, and provide any necessary, required, or reasonably requested local, state, and federal mutual and automatic mutual aid, or statewide master mutual aid and assistance by hire pursuant to the California Fire Assistance Agreement. Each apparatus shall be assigned to a station. Exceptions shall be allowed for short-term or special need apparatus use elsewhere in the City system.

3.2. Title and Use of Stations. District shall maintain ownership and title of Fire Station 12 (4820 Salida Blvd., Salida, CA.). District shall provide the City with full and complete access and full and complete use of Fire Station 12, as identified in Exhibit B of this Agreement, to the same extent that City would enjoy if it owned such Stations and all the fixtures, equipment and appurtenances therein. City acknowledges the current agreement between the Stanislaus County Sheriff Department and the District for their temporary use of Station 12 .

3.3. Maintenance and Repairs.

A. City shall only bear all actual costs of Minor Repairs of equipment, vehicles, and apparatus owned by District, including such property identified in Exhibit A.

District shall bear all actual costs of minor and major repairs of Fire Stations identified in Exhibit B. City shall provide supplies for fire station 12 as listed in Exhibit E or equivalent.

B. Major Repairs shall be promptly paid by the Party with ownership or title of such property. For any third-party products or services needed to effectuate such repairs, the owning Party shall be required to procure and contract the necessary services or products and comply with all laws and rules regarding same. City shall not bear any financial responsibility or liability arising from, or related to, Major Repairs and the owning Party agrees to defend, indemnify, and hold the City harmless from any such liability. In the event that District contracts or otherwise hires a third-party contractor to perform any Major Repairs, District shall require any such third-party contractor to have general liability insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate. City shall be named as an additional insured on any such coverage.

C. Notwithstanding those duties set forth in the preceding paragraph, the City shall serve as project manager for Major Repairs of assets listed in Exhibit A. As project manager, City shall provide cost estimates, plan and coordinate the work, and seek approval from District prior to the commencement of work. City shall facilitate and manage the work through completion and keep District reasonably abreast of any material changes, including without limitation, changes in scope of work, budget, and/or change orders.

D. Should an insurable event result in damage to any property owned by #15..
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District, including such property identified in Exhibit A, the Party with title or ownership of such property shall bear the portion of the actual replacement cost exceeding any insurance proceeds collected by such Party for said damage.

3.4. Inspection of District-Owned Property. City agrees to reasonably inspect all real property, buildings, equipment and apparatuses owned by District, including such property identified in Exhibit A and Exhibit B to ensure they meet the appropriate and applicable fire service and safety standards.

3.5. Capital Improvements.

A. Capital Improvements shall be paid for by the Party with ownership or title of such property. For any third-party products or services needed to effectuate such Capital Improvements, the owning Party shall be required to procure and contract the necessary services or products and comply with all laws and rules regarding same. City shall not bear any financial responsibility or liability arising from, or related to, such Capital Improvements and the owning Party agrees to defend, indemnify, and hold the City harmless from any such liability. In the event that District contracts or otherwise hires a third-party contractor to perform any Capital Improvement, District shall require any such third-party contractor to have general liability insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate.

City shall be named as an additional insured on any such coverage.

B. Notwithstanding those duties set forth in the preceding paragraph, the City shall serve as project manager for non-facility Capital Improvements. As project manager, City shall provide cost estimates, plan and coordinate the work, and seek approval from District prior to the commencement of work. City shall facilitate and manage the project through completion and keep District reasonably abreast of any material changes, including without limitation, changes in scope of work, budget, and/or change orders.

C. District shall maintain a Capital Improvements program for projects to ensure funds are annually appropriated for the actual costs required to replace, improve, and/or repair their respective facilities, Stations, apparatuses, equipment, and property described herein (e.g. roofs, HVAC systems, exterior/interior paint, etc.). If the City identifies any needed Capital Improvements it must submit them annually to District by March 15th of any contract year, with cost estimates and reasonable supporting documentation, for District annual budget development process.

3.6. Personal Protective Equipment (“PPE”). District agrees to transfer to City, all PPE assigned to current District personnel, all PPE on fire apparatus and all spare PPE in storage.

3.7 Fire Station Equipment and Supplies. District agrees to leave all equipment and supplies currently on and within property identified in Exhibit A and Exhibit B for City to use.

3.8 Return Upon Termination. City will return all equipment, apparatuses, property, and Stations, including such property identified in Exhibit A and Exhibit B, to District upon the termination of this Agreement, with reasonable wear and tear expected. #15..
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ARTICLE IV

DUTIES OF CITY UNDER THIS AGREEMENT

4.1. Scope of Services. City shall provide Fire Services, as more specifically described in this Article, within the jurisdictional area of District (see Exhibit C for service area map). In providing such services, City shall administer the state fire and building code, with any local amendments enacted by District. Throughout the term of the Agreement and as reasonably needed or as requested by District, City shall consult with District regarding City's implementation of the provisions of this Agreement.

4.2. Bi-Annual Review of Services. Unless otherwise waived by all the Parties, City agrees to, and shall cooperate in, a bi-annual review of the expectations outlined in this Article, that shall take place at a mutually agreeable time between the Parties. If areas of improvement are identified in the course of this review, then a reasonable corrective action plan shall be mutually developed and agreed upon. Such corrective action shall be memorialized in a writing signed by all the Parties.

4.3. Advisory Committee. An Advisory Committee, consisting of two representatives from the District, and the City’s Fire Chief and Modesto City Manager, shall be formed to discuss and provide advisory input regarding the delivery of Fire Services for District.

The Advisory Committee shall agree to meet no less than twice per year at a mutually agreeable time and location.

4.4. Description of Support and Fire Prevention Services to be provided by City.

The City shall provide the following fire prevention and support services necessary to maintain Fire Services for District:

A. Fire Services program planning and administration consistent with the terms and conditions of this Agreement.

B. Assume all current District Fire Emergency Operation Responsibilities.

C. Assist in the development and administration of annual District Fire Services budgets.

D. Delivery and documentation of federal and state-mandated firefighter training as well as provision of additional training as authorized and funded within the City’s budget.

E. Assist with emergency and disaster management within the Stanislaus County Emergency Operations Center as timely requested by the Salida Fire Protection District Board.

F. Coordination of procurement of all routine operational supplies, services, and equipment as necessary to provide the Fire Services outlined in this Agreement.

G. City shall coordinate with the Stanislaus County Fire Warden’s office to ensure they provide plan review services of all development and building plans to ensure #15..
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compliance with applicable fire and life safety codes and regulations, as well as inspection of fire protection and fire alarm systems for compliance with applicable codes and standards.

District shall collect and maintain fees for fire prevention services at rates that are identified in District fire prevention rate schedule.

H. City shall coordinate with the Stanislaus County Fire Warden’s office to ensure that fire safety inspections of all state-mandated occupancies and enforcement of weed abatement are performed within District. City will coordinate with the Stanislaus County Fire Wardens Office at no cost to District to provide assistance as needed; provided, that sufficient funding continues through the “Less Than Countywide Fire Tax” assessment. .

I. Investigation of all fires to establish origin and cause as well as coordination with law enforcement on all criminal prosecutions resulting from such investigations. This service will be provided through the Stanislaus Regional Fire Investigation Unit and will be paid for through the “Less Than Countywide Fire Tax” assessment.

J. Maintenance of sufficient, segregated records relating to provision of Fire Services to District, including, but not limited to response time data for all incident responses.

At a minimum, such records shall be sufficient to meet all federal and state reporting obligations as they relate to the provision of Fire Services, including but not limited to annual audits, mutual aid, and reimbursement for disaster response, hazardous material response, or other incident responses. Such records, reports and response data shall be provided to District at their request.

K. Coordinate the planning, development, and delivery of fire prevention and safety education programs for schools, businesses, community associations, child-care providers, and other members of the community. Fire prevention and life safety programs will be tailored to educate District residents and business community in order to help preserve life and property.

L. Participate in, plan, and inspect special events such as, Community fairs, Farmers Market, and other special events that are held within District.

M. City will work with Parties to address Hazard mitigation which may include coordinating Community forums to address and reduce the wildland fire threat.

Coordination will be with partner agencies and other stakeholders.

4.5. Incident Response Within Jurisdictions of District. The following criteria shall apply to incident response within District jurisdictions, including fire suppression, emergency medical response, rescue services, hazardous materials response, and response to any other emergency or non-emergency request for service.

A. Chief Officer Coverage. City shall ensure a qualified Shift Battalion Chief Officer or other Chief Officer, to be immediately available for response and management of emergency incidents as necessary to provide incident command and coordination functions within the jurisdictional boundaries of District, including the authority to commit expenditure of District funds (e.g., request aircraft or specialized equipment or contractors) to mitigate an emergency incident.

B. Staffing. City shall provide, on a twenty-four (24) hour, seven-(7) day per-week basis, one (1) three (3)-member company at Station 12. Additional qualified fire #15..
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personnel may be assigned to the Station(s) as determined by the City Fire Chief or his/her designee to provide supplemental Fire Services or staffing for special events, anticipated weather events, or other situations within the City’s budget as that budget may be modified from year to year, and operational capacity. Minimum staffing level for District shall be three (3) members per Engine company, and four (4) members per Quint (Truck) Company.

C. Emergency Dispatch Services. District shall continue to contract with the dispatch center used by the City.

D. Major Disaster Response. In the event of a major disaster in District, City will provide support to the Stanislaus County Emergency Operations Center (EOC). In the event of a multi-jurisdictional emergency or disaster, coordination of fire resources may be performed from the Stanislaus County Emergency Operations Center.

E. Statewide Mutual Aid and Assistance by Hire. City may respond to requests for mutual aid or assistance-by-hire by other agencies within the State of California pursuant to the California Statewide Master Mutual Aid Agreement or the California Fire Assistance Agreement, as approved by the Fire Chief or his or her authorized designee. District shall credit or reimburse City for any mutual aid monies it receives relating to City’s use of personnel assigned to District. District shall be entitled to reimbursement for apparatuses or vehicles owned by District, and City shall not claim any entitlement thereto.

4.6. Miscellaneous.

A. False Fire Alarms. City will enforce the provisions of the District Ordinance providing for recovery of costs associated with responses to false fire alarms.

B. Hazardous Materials Releases. City will enforce the provisions of the District Ordinance or Modesto Municipal Code providing for recovery of costs associated with responses to releases of hazardous materials.

C. Fire Prevention Master Fee Schedules,
(i) City will be entitled to fee reimbursement for actual costs for services rendered under the contract for services pursuant to any and all applicable fee schedules or ordinances of District that provide and allow for such fees.

D. Fire Recovery and EMS Billing.
(i) The city will complete Fire Recovery Reports and submit reports to Fire Recovery USA for processing on behalf of the District. City will also monitor EMS reimbursement from American Medical Response (AMR) on behalf of the District. District will continue to receive the fee reimbursements directly from Fire Recovery and AMR. #15..
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ARTICLE V

DUTIES OF DISTRICT

5.1. Payment for Fire Services. District shall compensate City for the provision of Fire Services as further described in Article VI of this Agreement.

5.2. Major Repairs and Capital Improvements. As set forth in Article III of this Agreement, District agrees to pay for the cost of Major Repairs and Capital Improvements for all property owned by the District, including such property identified in Exhibit A and Exhibit

ARTICLE VI

ANNUAL FIXED FEE FOR FIRE PROTECTION SERVICES

6.1. Annual Fixed Fee for Services. District agrees to pay City for all services provided pursuant to the terms and conditions of this Agreement in the amounts and times as set forth in Exhibit D and this Article.

A. The Fee Payment Schedule as set forth in Exhibit D is based upon the five (5) fiscal year budget projection describing the total reasonably anticipated costs of providing Fire Services for each Fiscal Year or portion thereof. Should the City and Modesto City Firefighters Association (MCFFA) enter into a new memorandum of understanding or otherwise agree upon additional pay or benefits, the District agrees to increase their payments as set forth by Exhibit D to cover the additional cost of such pay or benefits. Notwithstanding any other provision of this Agreement, the annual fixed fee does not include those fees and costs not appropriated and reflected in this Agreement, including without limitation, District Pension Obligation Bond Payments, PERS Pension obligations and liabilities, Fire Apparatus Payment(s), Retiree Medical Payments and other liabilities or financial indebtedness.

B. On the last day of each month throughout the duration of this Agreement, District agrees to remit to City payments amounting to 1/12th of the annual fiscal obligation hereunder, pursuant to the fee schedule set forth in Exhibit D. District is responsible to pay the full monthly amounts as each are required pursuant to Exhibit D.

C. The Fee Payment Schedule and amounts due under this Agreement shall be pro-rated based upon Agreement execution date.

6.2. Delinquent Payments. In the event that District fails to pay the entire amount described in Section 6.1.B. above within fifteen (15) calendar days of the due date (“Delinquent Payment”), the amount due shall be subject to the City’s policy regarding delinquent payments in effect at the time of the Delinquent Payment.

A. In the event that District does not pay the required monthly payment as identified in Section 6.1.B. within thirty (30) calendar days of the due date, the City shall provide notice that all Fire Services may be terminated in thirty (30) calendar days.

B. In the event that District does not pay the required monthly payment plus any penalty amounts assessed pursuant to City policy at the end of the thirty (30) calendar day notification period given pursuant to Section 6.2.A, the City shall have the option to terminate Fire Services immediately and without further notice. #15..
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6.3. Service Level Reductions. If budgetary constraints require service level reductions by any Party, all Parties agree to meet and confer.

6.4. Start-Up Cost. District will be responsible for a “one-time” start-up cost that is agreeable to all Parties. Start-up costs include turnouts and re-branding (station and engine identifiers).

ARTICLE VII

PERSONNEL

7.1. Hiring of Employees. All District Fire Department employees that are in “good standing” at the time this Agreement is executed, will transfer their employment status to City as new employees (each a “New Employee,” and collectively “New Employees”). This Article VII pertains to five (5) New Employees.

A. Prior to being offered positions with City, District will provide verification that all New Employees completed a background investigation and remain in “good standing” since the completion of the background process.

B. Prior to being offered new positions with the City, New Employees must provide proof they possess a valid California Driver’s license and current Emergency Medical Technician certification. Employees who fail to provide proof they possess a valid California Driver’s license and current Emergency Medical Technician certification will not be considered employees in “good standing” and will not be offered employment positions with the City.

C. Prior to being offered new positions with the City, District shall provide the date of each New Employee’s last physical and any findings associated with the physical.

7.2. Seniority. Seniority within New Employees will be determined by original District hire date, pursuant to MCFFA MOU and any applicable personnel rules, laws, policies or procedures of the City.

7.3. Rank. It is the desire of the City to offer New Employees positions with the City that closest match their Rank with District at time of this Agreement.

7.4. Probation. Pursuant to City personnel rules all New Employees will serve a one (1) year probationary period.
a. New Employees not on probation at the time of Agreement execution will be entitled to all Firefighter Bill of Rights privileges if any personnel action is to be taken.
b. New Employees that are on probation at the time of the agreement will be considered probationary employees and subject to all City rules and regulations regarding probationary personnel. New Employees on probation must pass all testing and requirements of the City Fire Department.

7.5. Effect of Termination. Upon the expiration or termination of this Agreement, it #15..
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is District’s present intent to offer employment to City fire department personnel so affected by such termination.

7.6. Subject to Personnel Rules and Laws. Nothing in this Article or Agreement as it pertains to the recruitment, employment, retention, or separation of personnel shall apply to the extent it is in conflict with any applicable personnel rules, laws, policies, procedures, and bargaining agreements or MOUs, including the MCFFA MOU.

ARTICLE VIII

INDEMNIFICATION AND INSURANCE

8.1. Mutual Indemnification.

A. City shall indemnify, defend and hold harmless District (including their elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to City’s fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from the negligent acts or omissions of its own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

B. District shall indemnify, defend and hold harmless the City (including its elected or appointed officials, employees, agents, volunteers, and attorneys as the same may be constituted now and from time to time hereafter) to the extent allowed by law and in proportion to District fault, against any and all third-party liability for claims, demands, costs, or judgments (direct, indirect, incidental, or consequential) involving bodily injury, personal injury, death, property damage, or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from their negligent acts or omissions of their own elected or appointed officers, agents, employees, volunteers, or representatives carried out pursuant to the obligations of this Agreement.

8.2. Mutual Indemnification Obligations Survive Termination. As to activities occurring or being carried out in performance of this Agreement and during the term of this Agreement, the obligations created by Agreement Section 8.1 shall survive termination of this Agreement.

8.3. Public Liability and Property Insurance.

A. Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
(i) Commercial general liability or public liability with minimum limits of $2,000,000 per occurrence and $4,000,000 in the aggregate. (ii) City will provide auto liability insurance including owned, leased, non-owned, and hired automobiles, with a combined single limit of not less than $1,000,000 per #15..
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occurrence and $2,000,000 in the aggregate.
(iii) The City shall maintain Workers' Compensation in accordance with California Labor Code Section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the duration of time that such workers are employed. (iv) All risk property insurance, excluding earthquake and flood, on all permanent property of an insurable nature in an amount sufficient to cover at least one hundred percent (100%) of the replacement costs of said property. In any event, District shall maintain property insurance coverage for all the real property and buildings identified in Exhibit B.

B. All insurance required by this Agreement shall:
(i) Be placed: (1) with companies admitted to transact insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A:VII; or (2) disclosed selfinsurance with limits acceptable to the other Party. (ii) Provide that each Party's insurance is primary and non-contributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.

C. Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect.

8.4. Workers' Compensation.

A. City shall provide District an endorsement that its Workers’ Compensation insurer waives the right of subrogation against City, its officers, officials, employees, and volunteers for all claims on or after the Effective Date of this Agreement during the tenure of said Agreement.

B. All injuries that occur prior to the execution of this Agreement and all Workers’ Compensation claims that are filed prior to this Agreement shall remain the responsibility of District. District’s third-party administrator for the Workers’ Compensation shall provide the City’s third-party administrator for Workers’ Compensation, a list of all active claims of all District personnel who will become employees of the City, prior to the execution of this Agreement.

ARTICLE IX

MISCELLANEOUS

9.1. Amendments to Agreement. No part of this Agreement shall be altered or amended without written agreement of the Parties.

9.2. Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of the Parties.

9.3. Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement. #15..
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Accordingly, City and District agree to meet and confer in good faith over any issue not expressly described herein to the end that District will obtain the best Fire Services possible under the most favorable economic terms and that City will be fairly and adequately compensated for the services it provides hereunder.

It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree to meet within ten (10) business days of a request made by the other Party in writing to discuss the issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to mediate the dispute within thirty (30) calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. No Party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney fees pursuant to California Civil Code Section 1717.

9.4. No Waiver. The waiver of any Party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either Party of any monies that become due hereunder shall not be deemed to be a waiver for any preexisting or concurrent breach or violation by the other Party of any provision of this Agreement.

9.5. Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the Parties to it and their representatives, successors, and permitted assignees.

9.6. Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against any Party, regardless of the degree to which any Party participated in its drafting. Each of the Parties has received the advice of legal counsel prior to signing this Agreement. Each Party acknowledges no other party or agent, or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The Parties agree no provision or provisions may be subject to any rules of construction based upon any Party being considered the Party “drafting” this Agreement.

When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and the masculine shall include the feminine and neuter and vice versa. Whenever a reference is made herein to a particular provision of this Agreement, it means and includes all paragraphs, subparagraphs and subparts thereof, and, whenever a reference is made herein to a particular paragraph or subparagraph, it shall include all subparagraphs and subparts thereof.

9.7. Captions. The captions in this Agreement are for convenience and reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions.

9.8. References to Laws. All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or re-codified, unless otherwise specifically provided.
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9.9. References to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed excluding the first day and including the last day.

9.10. Time of Essence. Time is of the essence of this Agreement and of every part of this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

9.11. Severability. If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and such remaining provision shall be enforced as if such invalid or unenforceable provision had not been contained herein.

9.12 Choice of Law and Venue. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Stanislaus County, California unless either party determines that venue is appropriate in another county.

9.13. Entire Agreement. This Agreement represents the full and entire Agreement between the Parties regarding the matters covered herein.

9.14. Counterparts. This Agreement may be executed in counterparts each of which shall be considered an original.

9.15. Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:

Exhibit A: District Apparatuses, Vehicles, and
Equipment
Exhibit B: District Station
Exhibit C: Service Boundaries Map for District
Exhibit D: Fee Payment Schedule (FY 2022/2023 – FY 2026/2027) Exhibit E: Supplies for facilities to be provided by District

9.16. Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.
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To District:

Salida Fire District
Board of Directors
PO Box 1335
Salida, CA 95368
To City:

Joseph Lopez
Modesto City Manager
1010 10th Street
Modesto, CA 95354

9.17. Joint Defense/Common Interest. In the event of a third-party challenge of any type to this Agreement, the Parties agree to jointly defend the validity and implementation of the Agreement.

9.18. Further Obligations. The Parties recognize that this Agreement cannot represent a complete expression of all issues, which may arise during the performance of this Agreement.

Accordingly, the Parties agree to meet and confer in good faith over any issues, challenges, prohibitions, or obligations not expressly described herein to the end that City will be fairly compensated, and District will obtain sufficient fire services. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties execute this Agreement hereto on the Effective Date. #15..
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EXHIBIT A
District Apparatus, Vehicles, and Equipment
Salida Description Make Model Year VIN No.

Type 1 (E-12) Rosenbauer Warrior 2020 54F2BB517KWM12368 Type 3 (B-12) IH Max Force 9 2010 1HTWEAZR5BJ318327
Water Tender(WT-12) IH 2674 1996 1HTGLAHT1TH343807
Salida ID Detailed Description Make Model Serial No.
10256 Chainsaw Stihl MS 261 N/a
10247 Defibrillator LIFEPAK 1000 44589331
10246 Defibrillator LIFEPAK 1000 44589336
10243 Defibrillator LIFEPAK 1000 44589332
10244 Defibrillator LIFEPAK 1000 44589328
10245 Defibrillator LIFEPAK 1000 44589329
1239 Ladder, 10' attic N/A N/A N/A
1254 Ladder, 10' attic N/A N/A N/A
211 Ladder, 10' attic N/A N/A N/A
1243 Ladder, 14' roof N/A N/A N/A
1245 Ladder, 14' roof N/A N/A N/A
1252 Ladder, 14' roof N/A N/A N/A
1494 Ladder, 20' extension N/A N/A N/A
1495 Ladder, 24' extension N/A N/A N/A
570 POWER FAN FAN GF165 6833
340 POWER FAN FAN GX160 GCO2-2033897
10058 S.C.B.A., Air Bottle SCOTT 5.5 AGG5885
10124 S.C.B.A., Air Bottle SCOTT 5.5 AGG5072
10125 S.C.B.A., Air Bottle SCOTT 5.5 AGG5883
10126 S.C.B.A., Air Bottle SCOTT 5.5 AGG5605
10127 S.C.B.A., Air Bottle SCOTT 5.5 AGG5943
10128 S.C.B.A., Air Bottle SCOTT 5.5 AGG5007
10130 S.C.B.A., Air Bottle SCOTT 5.5 AGG4491
10132 S.C.B.A., Air Bottle SCOTT 5.5 AGG5676
10134 S.C.B.A., Air Bottle SCOTT 5.5 AGG5823
10136 S.C.B.A., Air Bottle SCOTT 5.5 AGG5632
10137 S.C.B.A., Air Bottle SCOTT 5.5 AGG5770
10138 S.C.B.A., Air Bottle SCOTT 5.5 AGG5731
#15..
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10139 S.C.B.A., Air Bottle SCOTT 5.5 AGG5800
10140 S.C.B.A., Air Bottle SCOTT 5.5 AGG5050
10142 S.C.B.A., Air Bottle SCOTT 5.5 AGG4985
10144 S.C.B.A., Air Bottle SCOTT 5.5 AGG5847
10146 S.C.B.A., Air Bottle SCOTT 5.5 AGG5104
10148 S.C.B.A., Air Bottle SCOTT 5.5 AGG4463
10149 S.C.B.A., Air Bottle SCOTT 5.5 AGG5853
10150 S.C.B.A., Air Bottle SCOTT 5.5 AGG5621
10151 S.C.B.A., Air Bottle SCOTT 5.5 AGG5651
10152 S.C.B.A., Air Bottle SCOTT 5.5 AGG5616
10153 S.C.B.A., Air Bottle SCOTT 5.5 AGG5174
10154 S.C.B.A., Air Bottle SCOTT 5.5 AGG5861
10155 S.C.B.A., Air Bottle SCOTT 5.5 AGG5098
10156 S.C.B.A., Air Bottle SCOTT 5.5 AGG5865
10158 S.C.B.A., Air Bottle SCOTT 5.5 AGG5587
10160 S.C.B.A., Air Bottle SCOTT 5.5 AGG555
10162 S.C.B.A., Air Bottle SCOTT 5.5 AGG4924
10164 S.C.B.A., Air Bottle SCOTT 5.5 AGG5154
10165 S.C.B.A., Air Bottle SCOTT 5.5 AGG5946
10166 S.C.B.A., Air Bottle SCOTT 5.5 AGG5878
10167 S.C.B.A., Air Bottle SCOTT 5.5 AGG5888
10168 S.C.B.A., Air Bottle SCOTT 5.5 AGG5942
10169 S.C.B.A., Air Bottle SCOTT 5.5 AGG5839
10171 S.C.B.A., Air Bottle SCOTT 5.5 AGG5776
10173 S.C.B.A., Air Bottle SCOTT 5.5 AGG5735
10174 S.C.B.A., Air Bottle SCOTT 5.5 AGG5718
10177 S.C.B.A., Air Bottle SCOTT 5.5 AGG5612
10178 S.C.B.A., Air Bottle SCOTT 5.5 AGG5920
10179 S.C.B.A., Air Bottle SCOTT 5.5 AGG4636
10180 S.C.B.A., Air Bottle SCOTT 5.5 AGG4664
10181 S.C.B.A., Air Bottle SCOTT 5.5 AGG5909
10182 S.C.B.A., Air Bottle SCOTT 5.5 AGG5893
10183 S.C.B.A., Air Bottle SCOTT 5.5 AGG4904
10211 S.C.B.A., Air Bottle SCOTT 5.5 AGG5845
10185 S.C.B.A., Air Bottle SCOTT 5.5 AGG5604
10186 S.C.B.A., Air Bottle SCOTT 5.5 AGG5894
10129 S.C.B.A., Air Pack SCOTT 5.5 18313
10131 S.C.B.A., Air Pack SCOTT 5.5 18317
10133 S.C.B.A., Air Pack SCOTT 5.5 18311
10135 S.C.B.A., Air Pack SCOTT 5.5 18314
10141 S.C.B.A., Air Pack SCOTT 5.5 18405
10143 S.C.B.A., Air Pack SCOTT 5.5 18315
10145 S.C.B.A., Air Pack SCOTT 5.5 18316
#15..
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10221 S.C.B.A., Air Pack SCOTT 5.5 18336
10147 S.C.B.A., Air Pack SCOTT 5.5 115S1329019768
10157 S.C.B.A., Air Pack SCOTT 5.5 18319
10159 S.C.B.A., Air Pack SCOTT 5.5 18404
10161 S.C.B.A., Air Pack SCOTT 5.5 18406
10163 S.C.B.A., Air Pack SCOTT 5.5 18322
10170 S.C.B.A., Air Pack SCOTT 5.5 18310
10172 S.C.B.A., Air Pack SCOTT 5.5 18335
10175 S.C.B.A., Air Pack SCOTT 5.5 18338
10176 S.C.B.A., Air Pack SCOTT 5.5 18337
10187 S.C.B.A., Air Pack SCOTT 5.5 18321
10188 S.C.B.A., Air Pack SCOTT 5.5 18407
10189 S.C.B.A., Air Pack SCOTT 5.5 18320
10190 S.C.B.A., Air Pack SCOTT 5.5 18318
10306 4 - Gas Monitor MSA Altair 5x 127598
10483 Rotary Saw Husqvarna /
Partner
K970
KHVXS.0945AE 2019-1400522
10484 Rotary Saw Husqvarna /
Partner
K970
KHVXS.0945AE 2019-1400485
10485 Chainsaw Stihl MS 462C 185908781
10486 Thermal Imaging Camera Flair K55 72220539
10487 Thermal Imaging Camera Flair K55 72220020
10488 S.C.B.A., Air Bottle SCOTT (45
min. Bot) 5.5 AGH138032
10489 4 - Gas Monitor MSA Altair 5x 163102
10490 Pelican Portable Scene Light Pelican 9480 2265
10314 Survivor Flashlight Streamlight Survivor N/A
10315 Survivor Flashlight Streamlight Survivor N/A
10316 Survivor Flashlight Streamlight Survivor N/A
10317 Survivor Flashlight Streamlight Survivor N/A
10318 Survivor Flashlight Streamlight Survivor N/A
10319 Survivor Flashlight Streamlight Survivor N/A
10492 Lucas 3 Lucas Lucas 3 3518 B215
10468 Holmatro Spreaders Pentheon PSP40 HU00060306
10470 Holmatro Cutters Pentheon PCU50 HU00060270
10454 Holmatro Ram Pentheon PTR50 HU00060436
10312 Computer, PCR Device PANASONIC CF-20 9JKKC34573
10313 Computer, PCR Device PANASONIC CF-20 9JKKC34504
10338 Computer, Desk Top HP
ProDesk 600 G5
Mini MXL9522B1B
10339 Computer, Desk Top HP
ProDesk 600 G5
Mini MXL9522B15
10340 Computer, Laptop Lenovo ThinkPad T580 R90S645G
10320 David Clark Headset David Clark H3432 N/A
#15..
- 474 -
10321 David Clark Headset David Clark H3432 N/A
10322 David Clark Headset David Clark H3432 N/A
10323 David Clark Headset David Clark H3432 N/A
10324 David Clark Headset David Clark H3432 N/A
10325 David Clark Headset David Clark H3432 N/A
10326 David Clark Headset David Clark H3432 N/A
10469 Pager Unication G5 G5DVB90825
10417 Pager Unication G5 G5DVB90826
10424 Pager Unication G5 G5DVB90830
10410 Pager Unication G5 G5DVB90831
10411 Pager Unication G5 G5DVB90832
10425 Pager Unication G5 G5DVB90833
10418 Pager Unication G5 G5DVB90835
10420 Pager Unication G5 G5DVB90836
10408 Pager Unication G5 G5DVB90837
10414 Pager Unication G5 G5DVB90838
10421 Pager Unication G5 G5DVB90839
10406 Pager Unication G5 G5DVB90840
10426 Pager Unication G5 G5DVB90841
10419 Pager Unication G5 G5DVB90842
10413 Pager Unication G5 G5DVB90843
10412 Pager Unication G5 G5DVB90844
10407 Pager Unication G5 G5DVB90845
10405 Pager Unication G5 G5DVB90846
10415 Pager Unication G5 G5DVB90847
10422 Pager Unication G5 G5DVB90848
10409 Pager Unication G5 G5DVB90849
10430 Pager Unication G5 G5DVC20629
10431 Pager Unication G5 G5DVC20628
10432 Pager Unication G5 G5DVC20627
10433 Pager Unication G5 G5DVC20626
10434 Pager Unication G5 G5DVC20630
10435 Pager Unication G5 G5DVC20631
10436 Pager Unication G5 G5DVC20632
10437 Pager Unication G5 G5DVC20633
10438 Pager Unication G5 G5DVC20634
10439 Pager Unication G5 G5DVC20635
10440 Pager Unication G5 G5DVC20636
10441 Pager Unication G5 G5DVC20637
10442 Pager Unication G5 G5DVC20638
10443 Pager Unication G5 G5DVC20639
10444 Pager Unication G5 G5DVC20640
10445 Pager Unication G5 G5DVC20641
#15..
- 475 -
10446 Pager Unication G5 G5DVC20642
10093 4 CUBBY ROLLING GEAR RACK GEAR GRID N/A N/A
10095 4 CUBBY ROLLING GEAR RACK GEAR GRID N/A N/A
10100 4 CUBBY TALL LOCKERS N/A N/A
10092 5HP AIR COMPRESSOR CHAMPION N/A N/A
598 6 CUBBY ROLLING GEAR RACK GEAR GRID N/A N/A
10048 6 CUBBY SHORT LOCKERS N/A N/A
10112 6" BENCH GRINDER DAYTON N/A N/A
10090 60 G AIR COMPRESSOR

CAMPBELL

HAUSFELD N/A N/A
10089 7 CUBBY STATIONARY GEAR RACK GEAR GRID N/A N/A
10052 9 CUBBY STATIONARY GEAR RACK GEAR GRID N/A N/A
10204 DRYER MAYTAG N/A N/A
10110 DRYER G.E. N/A N/A
1324 ELECTRIC WELDER LINCOLN N/A N/A
10038 EXTRACTOR MILNOR 300227SCX N/A
1216 GENERATOR HONDA EU2000I N/A
1221 GENERATOR HONDA EM5000SX N/A
1491 GENERATOR HONDA 4811270100 N/A
580 RANGE VIKING PRO N/A
10051 ROLLING DRILL PRESS DELTA N/A N/A
10049 ROLLING TOOL CHEST CRAFTSMAN N/A N/A
10363 APX8000 Motorola H91TGD9PW6AN 581CVZ1273
10353 APX8000 Motorola H91TGD9PW6AN 581CVZ1276
10367 APX8000 Motorola H91TGD9PW6AN 581CVZ1266
10360 APX8000 Motorola H91TGD9PW6AN 581CVZ1261
10389 APX8000 Motorola H91TGD9PW6AN 581CVZ1332
10382 APX8000 Motorola H91TGD9PW6AN 581CVZ1351
10394 APX8000 Motorola H91TGD9PW6AN 581CVZ1335
10400 APX8000 Motorola H91TGD9PW6AN 581CVZ1359
10395 APX8000 Motorola H91TGD9PW6AN 581CVZ1343
10384 APX8000 Motorola H91TGD9PW6AN 581CVZ1353
10396 APX8000 Motorola H91TGD9PW6AN 581CVZ1476
10385 APX8000 Motorola H91TGD9PW6AN 581CVZ1475
10358 APX8000 Motorola H91TGD9PW6AN 581CVZ1224
10383 APX8000 Motorola H91TGD9PW6AN 581CVZ1358
10397 APX8000 Motorola H91TGD9PW6AN 581CVZ1356
10399 APX8000 Motorola H91TGD9PW6AN 581CVZ1470
10391 APX8000 Motorola H91TGD9PW6AN 581CVZ1457
10356 APX8000 Motorola H91TGD9PW6AN 581CVZ1233
10364 APX8000 Motorola H91TGD9PW6AN 581CVZ1232
10374 APX8000 Motorola H91TGD9PW6AN 581CVZ1644
10362 APX8000 Motorola H91TGD9PW6AN 581CVZ1223
#15..
- 476 -
10359 APX8000 Motorola H91TGD9PW6AN 581CVZ1237
10366 APX8000 Motorola H91TGD9PW6AN 581CVZ1230
10378 APX8000 Motorola H91TGD9PW6AN 581CVZ1647
10386 APX8000 Motorola H91TGD9PW6AN 581CVZ1648
10379 APX8000 Motorola H91TGD9PW6AN 581CVZ1640
10372 APX8000 Motorola H91TGD9PW6AN 581CVZ1637
10371 APX8000 Motorola H91TGD9PW6AN 581CVZ1643
10370 APX8000 Motorola H91TGD9PW6AN 581CVZ1635
10381 APX8000 Motorola H91TGD9PW6AN 581CVZ1638
10375 APX8000 Motorola H91TGD9PW6AN 581CVZ1383
10387 APX8000 Motorola H91TGD9PW6AN 581CVZ1371
10390 APX8000 Motorola H91TGD9PW6AN 581CVZ1382
10380 APX8000 Motorola H91TGD9PW6AN 581CVZ1375
10377 APX8000 Motorola H91TGD9PW6AN 581CVZ1384
10398 APX8000 Motorola H91TGD9PW6AN 581CVZ1372
10376 APX8000 Motorola H91TGD9PW6AN 581CVZ1376
10392 APX8000 Motorola H91TGD9PW6AN 581CVZ1387
10361 APX8000 Motorola H91TGD9PW6AN 581CVZ1259
10369 APX8000 Motorola H91TGD9PW6AN 581CVZ1286
10365 APX8000 Motorola H91TGD9PW6AN 581CVZ1274
10393 APX8000 Motorola H91TGD9PW6AN 581CVZ1449
10401 APX8000 Motorola H91TGD9PW6AN 581CVZ1467
10388 APX8000 Motorola H91TGD9PW6AN 581CVZ1465
10402 APX8000 Motorola H91TGD9PW6AN 581CVZ1463
10354 APX8000 Motorola H91TGD9PW6AN 581CVZ1639
10368 APX8000 Motorola H91TGD9PW6AN 581CVZ1254
10355 APX8000 Motorola H91TGD9PW6AN 581CVZ1221
10373 APX8000 Motorola H91TGD9PW6AN 581CVZ1634
10357 APX8000 Motorola H91TGD9PW6AN 581CVZ1228
104517 APX8500 Motorola M37TSS9PW1AN 681CVZ5820
104525 APX8500 Motorola M37TSS9PW1AN 681CVZ5816
104520 APX8500 Motorola M37TSS9PW1AN 681CVZ5826
104518 APX8500 Motorola M37TSS9PW1AN 681CVZ5821
104526 APX8500 Motorola M37TSS9PW1AN 681CVZ5829
104519 APX8500 Motorola M37TSS9PW1AN 681CVZ5834
104536 APX8500 Motorola M37TSS9PW1AN 681CVZ5600
104531 APX8500 Motorola M37TSS9PW1AN 681CVZ5644
104528 APX8500 Motorola M37TSS9PW1AN 681CVZ5835
104529 APX8500 Motorola M37TSS9PW1AN 681CVZ5825
104527 APX8500 Motorola M37TSS9PW1AN 681CVZ5823
104537 APX8500 Motorola M37TSS9PW1AN 681CVZ5608
104532 APX8500 Motorola M37TSS9PW1AN 681CVZ5661
104530 APX8500 Motorola M37TSS9PW1AN 681CVZ5660
#15..
- 477 -
104533 APX8500 Motorola M37TSS9PW1AN 681CVZ5668
104521 APX8500 Motorola M37TSS9PW1AN 681CVZ5822
104522 APX8500 Motorola M37TSS9PW1AN 681CVZ5817
104523 APX8500 Motorola M37TSS9PW1AN 681CVZ8464
104535 APX8500 Motorola M37TSS9PW1AN 681CVZ5671
10335 APX8500 Motorola M37TSS9PW1AN 581CVZ8466
10330 APX8500 Motorola M37TSS9PW1AN 681CVZ5647
10352 6 Bank Motorola N/A 192900366
10403 6 Bank Motorola N/A 192470389
10351 6 Bank Motorola N/A 192470363
10308 MagneGrip Diesel Exhaust Removal System MagneGrip N/A AT4296 00-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1004 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1006 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1007 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1008 1 1/2" Single Jacket N/A 100 Foot Length N/A
00-1025 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-0007 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-0009 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-0010 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-0012 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-0014 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
01-1016 1 1/2" Single Jacket N/A 100 Foot Length N/A
05-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
05-1007 1 1/2" Single Jacket N/A 100 Foot Length N/A
05-1009 1 1/2" Single Jacket N/A 100 Foot Length N/A
06-1010 1 1/2" Single Jacket N/A 100 Foot Length N/A
06-1011 1 1/2" Single Jacket N/A 100 Foot Length N/A
08-1002 1 1/2" Single Jacket N/A 100 Foot Length N/A
08-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
08-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
08-1006 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1002 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1004 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1006 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1007 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1008 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1010 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1011 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1012 1 1/2" Single Jacket N/A 100 Foot Length N/A
#15..
- 478 -
09-1013 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1014 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1015 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1016 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1017 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1018 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1020 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1021 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1022 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1023 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1024 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1025 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1026 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1027 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1028 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1029 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1030 1 1/2" Single Jacket N/A 100 Foot Length N/A
09-1031 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-0107 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-0108 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-0109 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1001 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1002 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1004 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
10-1006 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1016 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1018 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1020 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1024 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1025 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1026 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1027 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1028 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1032 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1034 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1038 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1039 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1041 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1042 1 1/2" Single Jacket N/A 100 Foot Length N/A
88-1044 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1001 1 1/2" Single Jacket N/A 100 Foot Length N/A
#15..
- 479 -
90-1002 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1006 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1007 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1009 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1010 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1011 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1013 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1016 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1017 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1018 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1019 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1020 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1021 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1022 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1025 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1026 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1027 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1028 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1029 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1030 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1039 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1045 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1050 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1052 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1054 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1055 1 1/2" Single Jacket N/A 100 Foot Length N/A
90-1056 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1001 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1003 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1004 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1005 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1007 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1008 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1009 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1010 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1011 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1013 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1014 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1015 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1016 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1017 1 1/2" Single Jacket N/A 100 Foot Length N/A
#15..
- 480 -
94-1018 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1019 1 1/2" Single Jacket N/A 100 Foot Length N/A
94-1020 1 1/2" Single Jacket N/A 100 Foot Length N/A
97-2006 1 1/2" Single Jacket N/A 100 Foot Length N/A
A001 1 1/2" Single Jacket N/A 100 Foot Length N/A
A002 1 1/2" Single Jacket N/A 100 Foot Length N/A
A003 1 1/2" Single Jacket N/A 100 Foot Length N/A
A004 1 1/2" Single Jacket N/A 100 Foot Length N/A
A005 1 1/2" Single Jacket N/A 100 Foot Length N/A
A006 1 1/2" Single Jacket N/A 100 Foot Length N/A
A008 1 1/2" Single Jacket N/A 100 Foot Length N/A
A009 1 1/2" Single Jacket N/A 100 Foot Length N/A
A010 1 1/2" Single Jacket N/A 100 Foot Length N/A
A013 1 1/2" Single Jacket N/A 100 Foot Length N/A
L-008 1 1/2" Single Jacket N/A 100 Foot Length N/A
89-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
89-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
89-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
89-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
89-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
97-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
97-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1007 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1008 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1009 1 3/4" Double Jacket NDURA 50 Foot Length N/A
00-1010 1 3/4" Double Jacket NDURA 50 Foot Length N/A
02-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
02-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
02-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
03-1006 1 3/4" Double Jacket NDURA 50 Foot Length N/A
05-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
#15..
- 481 -
06-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1006 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1007 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1008 1 3/4" Double Jacket NDURA 50 Foot Length N/A
06-1065 1 3/4" Double Jacket NDURA 50 Foot Length N/A
07-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
07-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
07-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1006 1 3/4" Double Jacket NDURA 50 Foot Length N/A
12-1007 1 3/4" Double Jacket NDURA 50 Foot Length N/A
13-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
13-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
13-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
13-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
14-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1006 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1007 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1008 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1009 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1010 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1011 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1012 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1013 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1014 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1015 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1016 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1017 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1018 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1019 1 3/4" Double Jacket NDURA 50 Foot Length N/A
15-1020 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1001 1 3/4" Double Jacket NDURA 50 Foot Length N/A
#15..
- 482 -
17-1002 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1003 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1004 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1005 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1006 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1007 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1008 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1009 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1010 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1011 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1012 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1013 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1014 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1015 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1016 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1017 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1018 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1019 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1020 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1021 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1022 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1023 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1024 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1025 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1026 1 3/4" Double Jacket NDURA 50 Foot Length N/A
17-1027 1 3/4" Double Jacket NDURA 50 Foot Length N/A
09-2001 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 09-2002 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 09-2003 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 09-2004 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 10-2001 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 10-2002 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2001 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2002 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2003 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2004 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2005 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2006 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2007 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2008 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2009 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2010 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2011 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A #15..
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12-2012 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2013 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2014 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 12-2015 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2001 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2002 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2003 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2004 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2005 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2006 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2007 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2008 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2009 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2010 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2011 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2012 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2013 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2014 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 17-2015 2 1/2" Double Jacket NIEDNER 50 Foot Length N/A 21-20001 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20002 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20003 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20004 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20005 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20006 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20007 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20008 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20009 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20010 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20011 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20012 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20013 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20014 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20015 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20016 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20017 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20018 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20019 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20020 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20021 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20022 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20023 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20024 2 1/2" Double Jacket TRU-25 50 Foot Length N/A #15..
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21-20025 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20026 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20027 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20028 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20029 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20030 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20031 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20032 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20033 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20034 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20035 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20036 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20037 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20038 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20039 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20040 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20041 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20042 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20043 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20044 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20045 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20046 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20047 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20048 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20049 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20050 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20051 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20052 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20053 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 21-20054 2 1/2" Double Jacket TRU-25 50 Foot Length N/A 00-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5002 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5006 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5008 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5014 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5015 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5017 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5018 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5020 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 00-5021 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 04-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 04-5002 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A #15..
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13-5002 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5003 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5004 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5005 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5006 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5007 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 13-5008 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 14-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 14-5002 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 16-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 16-5002 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5001 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5010 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5012 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5013 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5014 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5015 5" Supply Hose (Rubber) N/A 100 Foot Length N/A 17-5016 5" Supply Hose (Rubber) N/A 100 Foot Length N/A #15..
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EXHIBIT B
District Station
District:

Fire Station 12 – 4820 Salida Blvd., Salida, CA
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EXHIBIT C
Service Boundaries Map for District
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EXHIBIT D
Fee Payment Schedule
Fiscal Year 2022-2023
Total Annual Fee
$1,314,450.53
Monthly Payments:
9/30/2022 $19,189.06
10/31/2022 $143,917.94
11/30/2022 $143,917.94
12/31/2022 $143,917.94
1/31/2023 $143,917.94
2/28/2023 $143,917.94
3/31/2023 $143,917.94
4/30/2023 $143,917.94
5/31/2023 $143,917.94
6/30/2023 $143,917.95
Annual Payment
Total: $1,314,450.53
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EXHIBIT D
Fee Payment Schedule
Fiscal Year 2023-2024
Total Annual Fee
$1,806,948.20
Monthly Payments:
7/31/2023 $150,579.02
8/31/2023 $150,579.02
9/30/2023 $150,579.02
10/31/2023 $150,579.02
11/30/2023 $150,579.02
12/31/2023 $150,579.02
1/31/2024 $150,579.02
2/29/2024 $150,579.02
3/31/2024 $150,579.02
4/30/2024 $150,579.02
5/31/2024 $150,579.02
6/30/2024 $150,578.98
Annual Payment
Total: $1,806,948.20
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EXHIBIT D
Fee Payment Schedule
Fiscal Year 2024-2025
Total Annual Fee
$1,891,521.70
Monthly Payments:
7/31/2024 $157,626.81
8/31/2024 $157,626.81
9/30/2024 $157,626.81
10/31/2024 $157,626.81
11/30/2024 $157,626.81
12/31/2024 $157,626.81
1/31/2025 $157,626.81
2/28/2025 $157,626.81
3/31/2025 $157,626.81
4/30/2025 $157,626.81
5/31/2025 $157,626.81
6/30/2025 $157,626.79
Annual Payment
Total: $1,891,521.70
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EXHIBIT D
Fee Payment Schedule
Fiscal Year 2025-2026
Total Annual Fee
$1,977,578.03
Monthly Payments:
7/31/2025 $164,798.17
8/31/2025 $164,798.17
9/30/2025 $164,798.17
10/31/2025 $164,798.17
11/30/2025 $164,798.17
12/31/2025 $164,798.17
1/31/2026 $164,798.17
2/28/2026 $164,798.17
3/31/2026 $164,798.17
4/30/2026 $164,798.17
5/31/2026 $164,798.17
6/30/2026 $164,798.16
Annual Payment
Total: $1,977,578.03
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EXHIBIT D
Fee Payment Schedule
Fiscal Year 2026-2027
Total Annual Fee
$2,071,427.28
Monthly Payments:
7/31/2026 $172,618.94
8/31/2026 $172,618.94
9/30/2026 $172,618.94
10/31/2026 $172,618.94
11/30/2026 $172,618.94
12/31/2026 $172,618.94
1/31/2027 $172,618.94
2/28/2027 $172,618.94
3/31/2027 $172,618.94
4/30/2027 $172,618.94
5/31/2027 $172,618.94
6/30/2027 $172,618.94
Annual Payment
Total: $2,071,427.28
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EXHIBIT E
Station Supplies
District Facility Supplies
Item Size/Quantity
Spray Disinfectant 19 oz
Powered cleanser 21 oz
Spray air freshener 15 oz
Furniture polish 20 oz
Stainless Steel cleaner 16 oz
Carpet spotter Gallon
Urinal screen with block Box
Tilex 16 oz
Floor Finish Gallon
Pink soap Gallon
Concentrate Disinfectant Gallon
3M scotchbrite # 74 scrub
sponge
1/2-fold seat covers 250 count
Standard Toilet paper 500 count
Hard wound roll towels 1,000 count
Acid bowl cleaner 32 oz
Purel pump bottles 8 oz
Dial Gold antimicrobial
Purel Wipes 270 count
Genlabs Odor-B-Gone Gallon
DEB Foaming hand soap 33.8 oz
Symmetry hand soap 1250 ml
Betco fastdraw line
- Ph7
- Ultra
- AF79
- Disf
- FiberPro
- Best Scrub
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 23, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Fire Prevention Plan Check Services
CONTACT: Alan Ernst, [email protected], 209-572-9590 DESCRIPTION:

Consider approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three (3) one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto Fire Department Fire Prevention Division is responsible for reviewing plans for new and updated fire alarm and sprinkler systems. These plan checks are a required step for opening new businesses within the City of Modesto. As we have grown to take on additional contracts for services for surrounding areas, including the city of Ceres, we are responsible for reviewing plans for a greater service area. This expansion has led to a steep incline in work volume. The Fire Prevention Division is in need of a third-party reviewer in order to meet standard deadlines and maintain customer expectations.

Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018.

The most recent agreement expired on July 1, 2020. Since then, the department has only been able to dedicate one part-time staff member to the task of reviewing and approving plans. With the addition of the aforementioned contracts for services and increased jurisdictional areas, the department seeks to enter into a new agreement with CSG Consultants, Inc. in order to ensure efficiency of the plan check processes.

The initial term of the agreement is for two (2) years, with the option of three (3) one-year extensions.
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City Council, September 13, 2022
Fire Prevention Plan Check Services

Page 2 of 3 ends

DISCUSSION
The City Manager authorized the Purchasing Manager to issue a formal Request for Bid for the furnishing of the Fire Prevention Plan Check Services to the City of Modesto and City of Ceres.

On May 7, 2021 the City of Gilroy issued request for proposal No. 21-RFP-CDD-453 through The Mercury News and on the City of Gilroy website. Six proposals were received. After a review and rating process, Staff recommended CSG Consultants and 4Leaf to provide all requested on-call services, and Bureau Veritas to provide on-call plan check services only. An agreement was entered for a three-year period, with two (2), one-year options available to exercise at City’s discretion.

City staff recommends awarding an agreement to CSG Consultants to furnish Fire Prevention Plan Check Services to the City of Modesto and City of Ceres. It has been determined that the CSG Consultants agreement meets the City’s needs based on the City of Gilroy competitive award issued on June 23, 2021.

The contract between CSG Consultants and the City of Gilroy, CA expires June 30, 2026. Staff is requesting a two-year agreement with three (3) one-year extension options that will extend beyond the term of the City of Gilroy’s contract. CSG Consultants has agreed to these terms.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which 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 forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.202(d) permits the Purchasing Manager to utilize the “piggybacking” from a competitive bid process with the City of Gilroy, CA when the best cost savings interest of the City be served. Here, this exemption is satisfied because the City of Gilroy, CA Request for Proposal No. 21-RFP-CDD-453 for On-Call Standard and Expedited Building, Fire Plan Check and Inspections Services went through a formal competitive bidding process. In addition, MMC 8-3.202(h) encouraged the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. Based on providing the overall responsive and responsible bid, City staff recommends an agreement with CSG Consultants, which conforms to the Modesto Municipal Code 8-3.202(h).

FISCAL IMPACT:

Expenditures over the past three years for the furnishing of Fire Prevention Plan Check Services under the previous agreements are listed below:

Fiscal Year Total
FY 18/19 $5,066.25
FY 19/20 $4,725.00
FY 20/21 $47,705.00
FY 21/22 $36,931.25
Grand TOTAL $94,427.50
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City Council, September 13, 2022
Fire Prevention Plan Check Services

Page 3 of 3 ends

Funds are fully budgeted for each Fiscal Year in the following appropriation units:

Name Fund Cost Center Account Amount
General Fund – Modesto Fire 0100 18510 53300 $50,000
General Fund - Ceres 0100 18213 53300 $25,000
Total $75,000
COMMITTEE RECOMMENDATION:

This agenda item was presented and forwarded for approval at the August 8, 2022 Safety and Communities Committee meeting.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three (3) one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000, and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

3. Exhibit A RFP

4. Exhibit B Hourly Rates

5. Financial Interest Disclosure

6. Scoring Abstract

7. Bid Authorization
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AGREEMENT WITH CSG CONSULTANTS, INC. FOR FIRE PREVENTION PLAN CHECK SERVICES, FOR A TWO-YEAR AGREEMENT, WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $75,000 AND TOTAL AMOUNT NOT TO EXCEED $375,000, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, Modesto Fire Department Fire Prevention Division is responsible for reviewing plans for new and updated fire alarm and sprinkler systems; and WHEREAS, these plan checks are a required step for opening new businesses within the City of Modesto; and
WHEREAS, with the recent contract for fire services with City of Ceres, the department is responsible for reviewing plans for a greater service area, in turn, causing a steep incline in work volume; and
WHEREAS, the Fire Prevention Division is in need of a third-party reviewer in order to meet standard deadlines and maintain customer expectations; and WHEREAS, Modesto Fire Department has been using the services of CSG Consultants, Inc. since 2018, and the most recent agreement expired on July 1, 2020; and WHEREAS, the department seeks to enter into a new agreement with CSG Consultants, Inc. in order to ensure efficiency of the plan check processes; and WHEREAS, the initial term of the agreement is for two (2) years, with the option of three (3) one-year extensions; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which 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 #16..
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MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.202(d) permits the Purchasing Manager to utilize the “piggybacking” from a competitive bid process with the City of Gilroy, CA when the best cost savings interest of the City be served. Here, this exemption is satisfied because the City of Gilroy, CA Request for Proposal No. 21-RFP-CDD-453 for On-Call Standard and Expedited Building, Fire Plan Check and Inspections Services went through a formal competitive bidding process. In addition, MMC 8-3.202(h) encouraged the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. Based on providing the overall responsive and responsible bid, City staff recommends an agreement with CSG Consultants, which conforms to the Modesto Municipal Code 8-3.202(h); and WHEREAS, funds are fully budgeted for each Fiscal Year in the following appropriation units: General Fund – Modesto Fire (0100-18210-52160); General Fund – Ceres (0100-18213-52160).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three (3) one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000
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. #16..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of September, 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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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -1- City of Modesto Fire Prevention Plan Check Services

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CSG Consultants, Inc., a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

A. The City has determined that Fire Prevention Plan Check Services should be prepared for the City.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said plan check(s).

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.
a. This agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant ending no later than June 30, 2024, unless #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx terminated earlier in accordance with the provisions of the termination clause in this agreement.
b. In the event Consultant is not in default of any material covenants required by it to be performed under this agreement , the City shall have the right and option to extend this agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of initial term set forth in Paragraph 2 (a).
c. Following the one (1) year extension set forth in Paragraph 2 (b), and if the Consultant is not in default of any material covenants required by it to be performed under this agreement, the City shall have the right and option to extend this agreement for a second period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year extension set forth in Paragraph 2 (b).

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -3- City of Modesto Fire Prevention Plan Check Services

3. COMPENSATION.

Consultant agrees to accept an estimated annual amount of $75,000 during each agreement term, and shall not exceed a combined amount of $375,000 if the agreement term is extended under Paragraphs 2 (b) and 2 (c) above, as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this agreement. The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this agreement. All work to be performed under this agreement shall be billed at the rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed.

4. OBLIGATIONS OF CONSULTANT.

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

Consultant has represented to City that George Apple, will be the person primarily responsible for the performance of the services referred to in this agreement. City has entered into this agreement in reliance on that representation by Consultant. Consultant therefore agrees that eighty percent (80%) or more of the time to be devoted to the project that is the subject of this agreement will be that of the abovenamed person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City.

No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this agreement will at all times remain the property of the City. Such data or information may #16..
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not be used or copied for direct or indirect use by Consultant after termination of this agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this agreement. Consultant warrants that, in performance of this agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this agreement if so required at the option of City.

9. AMENDMENTS.

Both parties to this agreement understand that it may become desirable or necessary during the execution of this agreement, for City or Consultant to modify the scope of services provided for under this agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this agreement.

Consultant shall be responsible to City only for the requirements and results specified in this agreement, and, except as expressly provided in this agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this agreement. Consultant has control over the manner and means of performing the services under this agreement. Consultant is permitted to #16..
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provide services to others during the same period service is provided to City under this agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this agreement.

If in the performance of this agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

11. ASSIGNMENT.

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
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12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR Consultant: Name: CSG Consultants, Inc.

Address: 930 Fresno Street
Newman, CA 95360
Attention: Cyrus Kianpour
Phone: (650) 522-2500
Facsimile: (650) 522-2599
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95354
Attention: Darin Jesberg, Deputy Fire Chief
Phone: (209) 577-9139
Facsimile: (209) 544-1652
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of #16..
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California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-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.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's 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.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx claims made basis it shall be maintained for at least three (3) years following completion of the work.

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 Consultant 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 Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability insurance policies. 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 Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant'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 #16..
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rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this agreement or materially breach any of its provisions, at its option, City may terminate this agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than ten (10) calendar days written notice of its #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx intent to terminate the agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice of termination.

Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.

Post-Termination Procedures
If this agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in #16..
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progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the work and/or property related to the work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant
agreements or contracts for materials;
b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as
determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this agreement, or the breach, termination execution, enforcement, interpretation, or validity of this agreement, including the determination of the scope or #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx applicability of this agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this agreement.

The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track” rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions #16..
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be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this agreement shall not operate as an exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the sub-consultant consents to being joined in an arbitration between City and Consultant #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx involving the work of the sub-consultant to be joined. Consultant’s failure to do so shall be a breach of this agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1293. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder.

All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

The waiver by any party to this agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #16..
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22. AUDIT.

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

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

23. GOVERNING LAW.

This agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #16..
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08/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and CSG Consultants, Inc. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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City of Gilroy
Community Development Department
ATTN: CARINA BAKSA

CITY OF GILROY
7351 ROSANNA STREET
GILROY, CA 95020-6197
Request for Proposals
On-Call Standard and Expedited
Building, Fire Plan Check and Inspection
Services
No. 21-RFP-CDD-453
Proposals Due by: 3:00 pm, Thursday, June 3rd, 2021
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Request for Proposals
No. 21-RFP-CDD-453
Notice is hereby given that ELECTRONIC Requests for Proposals will be received at the City of Gilroy, for On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services, Project No. 21-RFPCDD-453 as described in the attached Request for Proposals. Please note that City Hall is closed to the public due to the ongoing COVID-19 pandemic. RFPs will be accepted by email to [email protected] until 3:00 pm, Thursday, June 3rd, 2021. RFPs received after that time and date will not be considered. The City of Gilroy accepts no responsibility if delivery is made to another location other than location specified above and/or delayed deliveries. RFPs should be submitted in a complete, single electronic file to the email specified in this notice. An evaluation team will review proposals and select a vendor based on the selection criteria and process outlined in the RFP. The selected vendor will enter into an agreement for a period of three (3) years upon approval by City Council, with two, one-year extensions available after that.

A free electronic copy of the RFP can be obtained by going to the City of Gilroy website (www.cityofgilroy.org). Due to the ongoing COVID-19 pandemic, all prospective parties should check the City’s website for any addendums.

RespectfullyRequested,
Carina Baksa
Management Analyst
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No. 21-RFP-CDD-453
On-Call Standard and Expedited Building, Fire Plan Check and Inspection Services Table of Contents
Introduction...........................................................................................................................................1 Project Description ................................................................................................................................1 Issuing Office .........................................................................................................................................1 Anticipated RFP Schedule ......................................................................................................................2 Submission Date and Location ...............................................................................................................2 Protests.................................................................................................................................................3 Rejection of Proposals ...........................................................................................................................3 Modification / Withdrawal ....................................................................................................................3 Cancellation...........................................................................................................................................3 Duration of Proposals ............................................................................................................................3 Public Record.........................................................................................................................................3 Incurring Costs.......................................................................................................................................3 Selection Process...................................................................................................................................3 Proposal Contents..................................................................................................................................4 Proposal Evaluation Criteria and Scoring ................................................................................................4 Total Score.............................................................................................................................................5 Scope of Work .......................................................................................................................................6 Attachment A - Sample Agreement for Services Contract.......................................................................7 #16..
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LAC\04706083
Introduction
The City of Gilroy is a charter city located in southern Santa Clara County with a population of approximately 57,000. The City is a council-administrator form of government with the mayor elected at large for a four-year term and six City Councilmembers who are elected at large for four year terms.

Development activity in the original Gilroy town site dates back to the early 1800s, with the City formally incorporating in 1870. Since then, the City experienced several annexations and growth periods throughout the 20th and 21st centuries.

Information regarding the City and its organization, such as governmental structure, services provided, the Current Operating and Capital Budgets, is available on the City website at www.cityofgilroy.org Project Description
The City of Gilroy’s Building Division ensures that the City’s adopted building codes are adhered to during the plan review and construction process. We oversee construction on private property to ensure safe buildings and compliance with building, electrical, mechanical, plumbing, energy, and accessibility codes and laws. The Fire Marshal conducts comprehensive plan review and inspection for all new development and construction projects, and the permitting and routine inspection of occupancies requiring permits under the Gilroy and California fire codes, the City’s Hazardous Materials Ordinance and as required by the California Code of Regulations Title 27 for the CUPA programs. The following table represents the volume of permit activity that occurs in the City of Gilroy Calendar
Year
ALL TYPES of
Building Permits
Applied For
ALL TYPES of
Building Permits
Issued
Inspections
Performed
Plan Checks
- All Types
New
Residential
Permits Issued
Commercial /
Industrial
Permits
2016 2372 2180 22774 1256 326 102
2017 2126 1953 19361 1265 257 89
2018 1853 1669 15710 1289 137 106
2019 2055 1823 16570 1473 204 80
2020 1373 1138 10746 1056 95 66
The City is seeking consultants to conduct on-call plan check and inspection services, providing the City with the knowledge and resources to assist with the volume of permitting activity that the City manages.

The approved consultant, or consultants, would be subject to an award for these services for a period of three (3) years, with two, one-year extensions available.

Issuing Office
The Finance Department is the Issuing Office for this Request for Proposal (RFP) and the point of contact for all process and contract questions as well as protest, and all correspondence shall be through e-mail.

Technical questions shall be directed to the Project Manager.

Issuing Office Project Manager
Finance Department Community Development Department
Carina Baksa Hipolito Olmos
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Purchasing Coordinator Building Official, Community Development Department 7351 Rosanna Street 7351 Rosanna Street
Gilroy, CA 95020 Gilroy, CA 95020
[email protected] [email protected] Anticipated RFP Schedule
The City anticipates the following general timeline for this RFP and the schedule may change as necessary.

Selection Process Actions Target Date
RFP distributed to prospective Consultants and Advertised Friday, May 7th, 2021 Deadline to submit RFP questions Wednesday, May 26th, 2021 at 4:00 PM Questions posted on the City’s website Thursday, May 27 th, 2021
RFP submissions due to City of Gilroy (Final) Thursday, June 3rd, 2021 at 3:00 PM Interviews (If Necessary) June 15th to June 17
th, 2021
City Council staff report posted on website Wednesday, June 28th, 2021 City Council Meeting Monday, July 3rd, 2021
Submission Date and Location
Each responding Consultant must provide one electronic copy marked with the RFP number, the consultant’s name before delivering to the address listed below. The packets must be emailed directly to [email protected] before the deadline.

Solicitation Documents and Changes (Addenda)
All solicitation documents may be viewed or printed on line from the City’s website at www.cityofgilroy.org or may be viewed onsite at the Issuing Office at the address listed above.

Proposals received from other sources will not be considered valid documents. Please contact the Issuing Office listed above with any problems viewing solicitation documents.

All questions regarding this solicitation shall be submitted via e-mail. The questions will be researched and the answers will be communicated to all known interested Consultants and posted on the City’s website after the deadline for receipt of questions.

Prospective Consultant shall not contact City officers or employees with questions or suggestions regarding this solicitation except through the primary contact person listed above. Any unauthorized contact may be considered undue pressure and cause for disqualification of the Consultant.

Consultants are responsible for checking the City’s website for the issuance of any addenda prior to submitting a proposal. The Consultant is held responsible for all addenda/changes to the documents and may be considered non-responsive if their proposal does not reflect those addenda/changes.
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Protests
Any complaints or perceived inequities related to this RFP shall be made in writing and directed to the Issuing Office at the address listed above and accordance with the City purchasing policy procedure 17. This policy may be found on the City’s website, located here: http://www.cityofgilroy.org/DocumentCenter/View/10774/Gilroy-PurchasingPolicy-.

Rejection of Proposals
The City reserves the right to reject any and all proposals submitted. The City also reserves the right to waive or not waive any informalities or irregularities in proposal responses.

Modification / Withdrawal
Unless otherwise specified, modification of the Proposal will not be permitted; however a Consultant may withdraw his or her Proposal at any time prior to the scheduled closing time for receipt of Proposals; any Consultant may withdraw his or her Proposal, either personally or by written request to the Issuing Office. Withdrawal of Proposal shall not disqualify the Consultant from submitting another Proposal provided the time for receipt of Proposals has not expired.

Cancellation
The City reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City’s best interest. In no event shall the City have any liability for the cancellation of award.

Duration of Proposals
Proposals must remain valid for at least 90 days. Proposals must be signed by an official authorized to bind the Consultant.

Public Record
All proposals submitted are the property of the City and are public records. All documents received by the City are subject to public disclosure after the City selects a Consultant.

Incurring Costs
The City is not liable for any cost incurred by Consultants prior to execution of a contract.

Selection Process
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The City reserves the right to select the Consultant on the basis of the proposals or to conduct interviews with the highest qualified Consultants following evaluation and scoring of the proposals, whichever is determined to best serve the needs of the City. The City reserves the right to seek clarifications of any or all proposals.

Proposal Contents
The qualification packet, per category, shall be organized to include the following sections. Each packet should be tabbed or marked with five (5) sections. The contents for each section are listed below, and must be presented in the same order. The Consultant shall be responsible for preparing an effective and clear proposal. Concise proposals without needless duplication are encouraged.

The packet must contain at a minimum the following information:

1. Cover Letter: Summarize the firm’s qualifications to provide consulting services for the City of Gilroy. Provide name of contact person, phone number, and email address. Maximum one page.

2. Qualifications: Describe your firm’s experience and qualifications in conducting plan-check and inspection services. Maximum four pages.

3. Relevant Experience: List projects completed by the firm relevant to the City of Gilroy and scope of services requested and provide the following information for each project. Maximum six pages:
a) outline the specific scope of services provided and describe how your firm met or exceeded expectations;
b) identify the role of the firm (e.g., work was performed exclusively by the firm or a joint venture);
c) highlight any key team members directly involved in the project who would be part of the City of Gilroy on-call team;
d) specify if the project was completed within budget and on schedule (if not completed within budget and schedule provide a very brief statement explaining why); and e) provide the client’s contact information including name, title, and phone number as a reference.

4. Key Team Member Summary: Identify key team members of the firm who would be directly involved with the Gilroy on-call services. For each team member, summarize the typical role and responsibilities of the individual, and list experience relative to the typical role(s). Maximum six pages.

5. Costs: Provide an outline of the hourly rate schedule for the key team members and include associated administrative/technical support fee structure (e.g., administrative fees, mileage, travel time, reproduction costs).

Proposal Evaluation Criteria and Scoring
The criteria listed below will be used to evaluate the Consultants. • Consultant’s understanding of the scope of services
Does the proposal reflect a clear understanding of the proposed Scope of Services?
• Consultant’s corporate and team member qualifications and experience #16..
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Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
• Consultant’s references quality and responses
Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant? • Overall quality of the response to the RFP
Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully? • Consultant’s cost proposal
Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
Total Score
Each packet submittal will be reviewed and scored, per the criteria described above.

Based on the number and quality of responses, Consultants may be asked to continue to the interview/presentation step in the process. Each package may receive a maximum of 50 points, as summarized below:

CRITERIA POINTS
Understanding of the scope of services 15
Corporate and team member qualifications and
experience 10
References quality and responses 10
Overall quality of the response to the RFP 10
Cost proposal 5
TOTAL 50
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Scope of Work

1. Commercial and industrial (structural and non - structural) building plans and fire suppression, detection and alarm system plans.

2. Perform combination building and life safety inspections for residential, commercial, and industrial in accordance with the approved documents, adopted codes and standards amended by the City.

COMPLIANCE STANDARDS

3. Perform comprehensive plan review service including all trades; other functions include but are not limited to: writing plan review reports, holding meetings, answering inquiries and phone calls as needed.

4. Incorporated requirements from other City departments, divisions, regulating agencies and jurisdictions, i.e., Planning, Engineering, Fire and Chemical Control, Health Department, as they may apply to plan reviews and inspection services.

5. Process plan revisions and verify that corrections have been satisfactorily made in a timely manner.

COMMUNICATION STANDARDS

6. Provide a 1-800-number for service calls from Building and Fire Divisions and permit applicants.

7. Be available to confer with applicants and City staff at City Hall by telephone conversations, email and fax during all normal business hours.

8. Provide in-house plans examining services at City Hall when requested to do so.

9. Provide pick-up and delivery service to and from City Hall when necessary.

STAFF MEETING /PROFESSIONAL DEVELOPMENT

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Attachment A - Sample Agreement for Services Contract

AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:

CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: , having a principal place of business at .

ARTICLE 1. TERM OF AGREEMENT
This Agreement will be effective on and will continue in effect through unless terminated in accordance with the provisions of Article 7 of this Agreement.

Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.

CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
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B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.

C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.

D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed .

B. Invoices
CONSULTANT shall submit invoices for all services rendered.

C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. #16..
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D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.

B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.

C. Indemnification of Liability, Duty to Defend

1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.

2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
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D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insured’s on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
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• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.

ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.

ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.

1. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.

2. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.

B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:

1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
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2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.

CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.

C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.

D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.

ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.

B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against #16..
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assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.

C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.

F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, #16..
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inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.

H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.

I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.

Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph.

Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.

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

K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.

Executed at Gilroy, California, on the date and year first above written.

CONSULTANT: CITY:

CITY OF GILROY
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By: By:

Name: Name:

Title: Title:

Social Security or Taxpayer
Identification Number
Approved as to Form ATTEST:

City Attorney City Clerk
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EXHIBIT “A”

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign________, who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, ______________shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.

B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.

III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.

Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.

CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
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Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.

IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.

B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.

C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

D. CONFIDENTIALITY OF MATERIAL
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other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

E. NO PLEDGING OF CITY’S CREDIT.

Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

F. OWNERSHIP OF MATERIAL.

All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.

CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.

G. NO THIRD PARTY BENEFICIARY.

This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.

H. NOTICES.

Notices are to be sent as follows:

CITY:

City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
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CONSULTANT:

I. FEDERAL FUNDING REQUIREMENTS.

If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.

If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.

1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.

2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”

SCOPE OF SERVICES
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EXHIBIT “C”

MILESTONE SCHEDULE
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EXHIBIT “D”

PAYMENT SCHEDULE
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HOURLY RATES
Building Plan Review Services
Service Description Billable Hourly Rate
Residential and Non-Residential Building Plan Review 60% of City’s Plan Check Fee Expedited Building Plan Review 90% of City’s Plan Check Fee Building Plan Review $125/hour
Expedited Plan Review 1.5 x Hourly Rate
CASp Review/Consultation $135/hour
Building Inspection Services
Service Description Billable Hourly Rate
Building Inspector $105/hour
Fire Plan Review Services
Service Description Billable Hourly Rate
Fire Plan Review $120/hour
Fire Protector Engineer Services $250/hour
Expedited Plan Review 1.5 x Hourly Rate
Fire Inspection Services
Service Description Billable Hourly Rate
Fire Inspection $120/hour
Additional Services
Service Description Billable Hourly Rate
Fire Inspections and review $125/hour
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1 PIGGYBACK – 2122-15

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003.

This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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2 PIGGYBACK – 2122-15

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

Tests of Materiality:

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

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

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

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

COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR
CSG Consultants, Inc. Cyrus Kianpour, President 06/30/2022 #16..
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3 PIGGYBACK – 2122-15

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

Signature / Print:

CSG Consultants, Inc. Nourdin Khayata Doug Rider Brad Donohue #16..
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Summary of Scores
Proposal Total Score
4LEAF 49.3
CSG Consultants 49.3
Bureau Veritas 47.0
Interwest Consulting Group 44.5
Aoka Engineering 31.6
True North Compliance Services 43.5
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Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 15.0
10 10.0
10 10.0
10 9.8
5 4.5
50 49.3
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
4LEAF, Inc.

Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 15.0
10 10.0
10 10.0
10 9.5
5 4.8
50 49.3
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
CSG Consultants
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 15.0
10 9.5
10 8.6
10 8.9
5 4.5
50 46.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Bureau Veritas
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 13.3
10 9.0
10 9.4
10 8.1
5 4.8
50 44.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Interwest Consulting Group
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
#16..
- 554 -
Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 10.3
10 6.3
10 4.7
10 6.4
5 4.0
50 31.6
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
Aoka Engineering
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
#16..
- 555 -
Scorecard for 21-RFP-CDD-453
Name of Proposer:

Max. Score Aggregate Score
15 13.8
10 9.5
10 6.8
10 9.0
5 4.5
50 43.5
Consultant’s References Quality and Responses Are the references from similar sized cities, are they provided the same or similar services as proposed, and how did the reference rate the proposing Consultant?
Overall Quality of the Response to the RFP Were the answers clear, concise, and well formulated? Does the proposal document make sense, is it structured well, and address all matters fully?
Consultant’s Cost Proposal Is the proposed cost proposal acceptable? Is the basis for the billing structure reasonable?
TOTAL
True North Compliance Services
Criteria
Consultant’s Understanding of the Scope of Services Does the proposal reflect a clear understanding of the proposed Scope of Services?
Consultant’s Corporate and Team Member Qualifications and Experience Do the qualifications and experience of the consultant firm and individual proposed team members demonstrate a quality that gives confidence of a high value and excellence of service delivery for the City?
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 13, 2022
Date: August 22, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Administrative Investigative Services CONTACT: Christina Alger, Director of Human Resources [email protected], 209-571-5126
DESCRIPTION:

Consider approving Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Berkeley, CA, Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA to conduct citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager, or his designee to execute the Agreements. (Funding Source: Various depending on subject of the investigation)
STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan – Goal J – Build a HighPerformance Organization.

BACKGROUND:

Throughout the year the City conducts administrative investigations of potential employee misconduct that may lead to corrective and disciplinary action. These investigations range in complexity and include comprehensive interviews of witnesses and potential subjects of the alleged wrong doing. While some investigations may require only one or two interviews, others have required twenty and thirty interviews to be conducted for a single issue. These can be time-consuming for staff, particularly when there are several investigations occurring simultaneously. Additionally, the investigator must conduct interviews and conclude investigations in a timely manner and in compliance with various legal requirements while navigating through highly sensitive issues that may lead to post-investigation legal implications.

For the above-mentioned reasons, the City utilizes the services of outside professionals to assist and conduct administrative investigations.
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City Council, September 13, 2022
Agreements for Administrative Investigative Services

Page 2 of 3 ends

DISCUSSION:

The Human Resources Department issued an informal Request for Proposals (RFP) for these investigative services and received five respondents. All proposals have been reviewed and staff recommends contracts with multiple vendors. Multiple investigative firms will afford the City the specialized expertise needed to address the various investigative issues that arise during the term of these agreements.

Modesto Municipal Code Section 8-3.204 specifies Exceptions to Formal Bidding Requirements where all purchases in excess of fifty thousand dollars ($50,000.00), or when directed by the City Manager for any purchase of fifty thousand dollars ($50,000.00) or less, shall follow formal bid procedures, except for the following, which shall be exempt from the bid requirement:(a) Contracts for professional services as defined in Section 8-3.103.The selection on these vendors conforms to Modesto Municipal Code 8-3.204(a) as they are providing professional legal and investigative services.

Staff recommends approving Legal Services Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA; and Oppenheimer Investigations Group LLP, Berkeley, CA to conduct citywide Administrative Investigations on an as needed basis and Consultant Agreements with Armistead Research and Investigations, Orangevale, CA; Municipal Resource Group, LLC, Wilton, CA for conducting citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years. Having various firms will make available specific talent needed to address the different investigative issues that arise.

FISCAL IMPACT:

The costs for each new agreement will not exceed $100,000 for all services for the two-year term of the agreements. All services will be paid by the department of the subject employee or subject department being investigated.

COMMITTEE RECOMMENDATION:

This was taken to the Finance Committee on August 22, 2022, and recommended to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Berkeley, CA, Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA to conduct citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager, or his designee to execute the Agreements.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
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City Council, September 13, 2022
Agreements for Administrative Investigative Services

Page 3 of 3 ends

Attachments:

1. Resolution

2. Legal Services Agreement – Kramer Workplace Investigations

3. Legal Services Agreement – Ellis Investigations Law Corporation

4. Legal Services Agreement – Oppenheimer Investigations Group LLP

5. Consultant Services Agreement – Armistead Research and Investigations

6. Consultant Services Agreement – Municipal Resource Group

7. Exhibit A—KRAMER PROPOSAL

8. Exhibit A—ELLIS PROPOSAL

9. Exhibit A—OIG PROPOAL

10. Exhibit A---ARMISTEAD PROPOSAL pg 1

11. Exhibit A---ARMISTEAD PROPOSAL pg 2

12. Exhibit A—MRG PROPOSAL
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AGREEMENTS WITH KRAMER WORKPLACE
INVESTIGATIONS, DANVILLE, CA; ELLIS INVESTIGATIONS LAW

CORPORATION, SACRAMENTO, CA, OPPENHEIMER INVESTIGATIONS

GROUP LLP, BERKELEY, CA, ARMISTEAD RESEARCH AND
INVESTIGATIONS, ORANGEVALE, CA; AND MUNICIPAL RESOURCE

GROUP, LLC, WILTON, CA TO CONDUCT CITYWIDE ADMINISTRATIVE

INVESTIGATIONS ON AN AS NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED $100,000 EACH FOR TWO YEARS AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENTS
WHEREAS, the City conducts internal and external administrative investigations into possible employee misconduct that may lead to discipline, and WHEREAS, investigations range in complexity and include comprehensive interviews of witnesses and potential subjects of the alleged wrong-doing and the interviewer must comply with various legal standards, and WHEREAS, the City has utilized the services of outside agencies to conduct some of their administrative investigations, and
WHEREAS, with approval from the City Manager, the Human Resources Department sent out a Request for Proposals (RFP) for confidential investigative services, and
WHEREAS, in partnership with the City Attorney’s Office, all proposals have been reviewed and staff recommends contracts with multiple investigative firms, affording the City the specialized expertise needed to address the various investigative issues that arise during the term of these agreements, and WHEREAS, the selection of the consultants to perform confidential investigative services is exempt from formal bidding requirements pursuant to Modesto Municipal Code 8-3.204 (a) as they are providing professional legal services. #17..
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NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Modesto hereby approves Legal Services Agreements for Citywide Administrative Investigations on an as-needed basis with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA; and Oppenheimer Investigations Group LLP , Berkeley, CA and Consultant Agreements with Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA for a two year agreement, for total amount not to exceed of $100,000 each.

BE IT FURTHER RESOLVED that the City Manager, or his designee is authorized to execute the agreements, 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 13th day of September 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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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 1

LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the ___ day of September, 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and KRAMER WORKPLACE INVESTIGATIONS, (“Attorney”), located at P.O. Box 266, Danville CA 94526. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

RECITALS
WHEREAS, City desires to obtain Attorney’s services for legal advice, representation and assistance on matters involving personnel and administrative investigations; 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 this Agreement.

NOW, THEREFORE it is hereby agreed as follows:

1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):

Conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, background investigations, undercover investigations, people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures for Personnel and Administrative Investigations
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services: (i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor. b. Term: This Agreement shall become effective on the Effective Date, and shall continue for a two-year term to September 13, 2024 unless sooner terminated as provided in Section 7.
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 2

2. Fees and Costs.
a. Hourly Rates:

Investigative services, which includes communication with City personnel, review of documents, travel to/from Modesto, attendance at witness interviews, and preparation of a written report:
• Karen Kramer - $395
• Associate Attorneys - $295-$345, depending upon experience Post-investigation services, which includes post-investigation communication with City personnel and outside law firms, responding to subpoena dues tecum, preparation for testimony, travel to/from the location where testimony is being provided, and providing testimony:
• Karen Kramer - $500
• Associate Attorneys - $400-450
Kramer Workplace Investigations’ hourly rate for paralegal services, which may include document review and organization, and/or assistance with report-writing, is $150.00 per hour.

The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed an amount of one hundred thousand dollars ($100,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.56 per mile. Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.
c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised. Bills shall be submitted to:

City Attorney
1010 Tenth Street, Suite 6300
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 3
Modesto, CA 95354
ii. Each task shall be distinctly and completely identified. In litigation matters, such as this, City will not pay invoices that contain block billing. Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt. Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
(4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a #17..
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 4
minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, #17..
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 5
including such things as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of ten percent (10%), must be approved in advance by the City Attorney or designee.

Notwithstanding the foregoing, Should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.

Thereafter, Attorney shall provide a status update to the City representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement. b. Attorney shall provide to City representative an electronic version of all agreement, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Attorney’s office. c. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.

4. City Representative. The City Attorney, or the City Attorney’s designee, shall be the “City Representative” under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative’s designee.

5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 6
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.

Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative. g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein.
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Legal Services Agreement
City of Modesto and Kramer Workplace Investigations 8

6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment.
b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not.

After conclusion of the investigation, should a need arise for Kramer Workplace Investigations and/or its Attorney to respond to any subpoena, or otherwise provide testimony in connection with this matter, City shall compensate Kramer Workplace Investigations at the Attorney’s hourly rate set forth above. City shall compensate Kramer Workplace Investigations for Attorney’s time expended responding to any subpoena, including document production, and preparing for testimony, in addition to the actual time spent testifying. City will also represent Attorney when testifying or provide Ms. Kramer with an attorney of her choice. Furthermore, City shall be procedurally and financially responsible for addressing and responding to any subpoena, discovery request, and/or action of any kind, including a motion to compel production of Kramer Workplace Investigations’ file(s) and any fee and/or cost attendant thereto. Should City expect Kramer Workplace Investigations to object to a subpoena for investigation file(s) and/or Attorney’s testimony, City will compensate Kramer Workplace Investigations for all attorney’s fees incurred in responding to the subpoena and/or motion to compel production. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not #17..
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apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above.

The provisions of this section shall survive any expiration or termination of this Agreement.

7. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agrees to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.

8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of #17..
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Attorney’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors. b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in #17..
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the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters performed by Attorney under this Agreement. If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification. g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.”
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ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. #17..
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To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Karen Kramer
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
P.O. Box 266
Danville, CA 94526
Phone: (925) 838-6435

9. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in accordance with applicable provision of the Modesto City Code.

10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.

IN WITNESS WHEREOF, the parties have executed this Agreement 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
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________________________________
Christina D. Alger, Director of Human Resources
[Signatures Continued on Next Page.]
ATTORNEY:

KRAMER WORKPLACE INVESTIGATIONS
______________________________________
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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LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the ___ day of September 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and ELLIS INVESTIGATIONS LAW CORPORATION, (“Attorney”), located at 980 9th Street, 16th Floor, Sacramento, California 95814. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

NOW, THEREFORE it is hereby agreed as follows:

1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):

Conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures for Personnel and Administrative Investigations Attorney will conduct impartial investigations. The City understands that there are no guarantees as to the outcome. As an independent contractor, Attorney has the right to determine means, manner and findings related to the investigations. The City agrees to allow the Attorney full discretion to conduct the investigations and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that Attorney will exercise independent judgment to make whatever findings it deems are warranted based on the evidence developed in the investigations, and that this engagement is not dependent on Attorney making or failing to make a particular credibility determination, finding of fact or conclusion.
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City of Modesto and Ellis Investigations Law Corporation 2 It is understood that in this engagement, Attorney and the City have an attorneyclient relationship and that Attorney is providing professional legal services based on its professional experience and expertise. Attorney has been retained to use its legal skills to assist the City in developing a response to the concerns.

Specifically, Attorney will use its expertise in employment law to arrive at findings based on its professional evaluation of the evidence. The parties intend that the investigations, including Attorney's communications, work product and final investigation reports, will be covered by the attorney-client privilege and attorney work product protections to the extent legally permissible, unless waived by the City.

The scope of this attorney-client representation is limited. Attorney will render legal advice to the City on issues limited to the investigation process. Attorney will conduct the investigations as an attorney in furtherance of the City seeking legal advice to resolve the underlying issues. The City will seek legal advice, as appropriate, from other counsel regarding what action to take as a result of the investigations. The investigation scope does not include rendering any legal conclusions, making recommendations or, in the event of litigation or administrative claim, representation of the City or anyone else involved in the litigation or claim.

The City will look to other legal counsel for such services, as well as for advice with respect to issues which may arise relating to the investigations. This includes, without limitation, the admonitions, if any, to be made to employees who are interviewed concerning confidentiality; the consequences of employee failure to cooperate in the investigations; the accessing of electronic and other data; document retention; litigation holds; appropriate interim employment measures pending investigations; compliance with the federal Fair Credit Reporting Act; and compliance with the California Investigative Consumer Reporting Agencies Act. City agrees it will comply with employer-required notice and consent rules to the extent applicable, including those under Civil Code sections 1786 et seq. City also agrees it will look to other counsel for advice with respect to issues of attorney-client privilege, scope of privilege, waiver and work product in connection with Attorney’s services.

Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date, and shall #17..
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City of Modesto and Ellis Investigations Law Corporation 3 continue for a two-year term to September 13, 2024 unless sooner terminated as provided in Section 7.

2. Fees and Costs.
a. Hourly Rates for year one (September 2022 through August 2023):

Legal Specialist: $195
Associates: $305 to $365
Partners: $440
Hourly Rates for year two (September 2023 through August 2024):

Legal Specialist: $195
Associates: $305 to $385
Partners: $420 to $460
Rates apply to all work performed during an investigation. It also applies if called to testify, respond to discovery or defend the investigation’s confidentiality, which shall survive termination or expiration of this Agreement. The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed an amount of one hundred thousand dollars ($100,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.56 per mile. Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.

Reimbursable costs also include attorneys’ fees for the investigator’s separate counsel, in the event of the need to respond to discovery requests, prepare for and testify about the investigation or defend the investigation confidentiality. This provision shall survive termination or expiration of this Agreement c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless #17..
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City of Modesto and Ellis Investigations Law Corporation 4 otherwise advised. Bills shall be submitted to:

City Attorney
1010 Tenth Street, Suite 6300
Modesto, CA 95354
ii. Each task shall be distinctly and completely identified. In litigation matters, such as this, City will not pay invoices that contain block billing.

Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, but no later than sixty (60) days of receipt. Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same #17..
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City of Modesto and Ellis Investigations Law Corporation 5 or very similar areas of law.
(4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under #17..
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City of Modesto and Ellis Investigations Law Corporation 6 this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, including such things as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of ten percent (10%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, Should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.

3. Reporting.
a. Attorney shall provide City with a preliminary status report within thirty (30) days of the Effective Date and the assignment of such task. Thereafter, Attorney shall provide a status update to the City representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement.
b. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.

5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile #17..
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City of Modesto and Ellis Investigations Law Corporation 7 Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from hired and non-owned vehicles.
iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.

Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply #17..
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City of Modesto and Ellis Investigations Law Corporation 8 separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney #17..
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City of Modesto and Ellis Investigations Law Corporation 9 otherwise ceases to be insured as required herein.

6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. However, this Section 6 on Indemnification, does not apply to any actions, damages, costs, liability, losses, judgments, penalties, expenses, claims or complaints, actual or threatened, brought by an employee, agent, witness or other involved party arising from the facts and issues under investigation.

7. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above. The provisions of this section shall survive any expiration or termination of this Agreement.

8. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your #17..
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b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agrees to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.

9. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Attorney’s employees or by any third party, including but not limited to any state or federal agency, that an employeremployee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the #17..
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City of Modesto and Ellis Investigations Law Corporation 11 Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors.
b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that #17..
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City of Modesto and Ellis Investigations Law Corporation 12 during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters performed by Attorney under this Agreement.

If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.” ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
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City of Modesto and Ellis Investigations Law Corporation 13 i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Leslie D. Ellis
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
980 9th Street, 16th Floor
Sacramento, CA 95814
Phone: (916) 426-9181

10. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in #17..
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City of Modesto and Ellis Investigations Law Corporation 14 accordance with applicable provision of the Modesto City Code.

11. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

12. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.

IN WITNESS WHEREOF, the parties have executed this Agreement 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
________________________________
Christina D. Alger, Director of Human Resources
[Signatures Continued on Next Page.]
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City of Modesto and Ellis Investigations Law Corporation 15 ATTORNEY:

ELLIS INVESTIGATIONS LAW CORPORATION
______________________________________
86-2702997_____________________________
Federal I.D. No.
076-9574-5______________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__X__ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_Partner________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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City of Modesto and Ellis Investigations Law Corporation 16

EXHIBIT A
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City of Modesto and Oppenheimer Investigations Group, LLP 1

LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the ___ day of September 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and OPPENHEIMER INVESTIGATIONS GROUP LLP, (“Attorney”), located at 1442 A Walnut Street, #234, Berkeley, California 94709. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

NOW, THEREFORE it is hereby agreed as follows:

1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):

Conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, background investigations, undercover investigations, people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures for Personnel and Administrative Investigations
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date, and shall continue for a two-year term to September 13, 2024 unless sooner terminated as provided in Section 7.
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City of Modesto and Oppenheimer Investigations Group, LLP 2

2. Fees and Costs.
a. Hourly Rates:

See attached Labor rates.

Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City. vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
(4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 4 conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, including such things as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of ten percent (10%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, Should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.
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City of Modesto and Oppenheimer Investigations Group, LLP 5

3. Reporting.
a. Attorney shall provide City with a preliminary status report and evaluation within thirty (30) days of the Effective Date and the assignment of such task which report shall include an evaluation of the likelihood the City will prevail, the total exposure to the City if it loses, major strengths and weaknesses in the City’s defense, and a budget of the anticipated total costs and fees for Attorney and experts through trial. Thereafter, Attorney shall provide a status update to the City representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement.
b. Attorney shall provide to City representative an electronic version of all agreement, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Attorney’s office.
c. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.

5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
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City of Modesto and Oppenheimer Investigations Group, LLP 6 b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.

Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 7 addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein.

6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 8 staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above.

The provisions of this section shall survive any expiration or termination of this Agreement.

7. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 9 profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agrees to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.

If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.” ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
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City of Modesto and Oppenheimer Investigations Group, LLP 12 j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Amy Oppenheimer
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
1442A Walnut Street, #234
Berkeley, CA 94709
Phone: (510) 393-4212

10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 13 to bind Attorney to the performance of its obligations hereunder.

11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.

IN WITNESS WHEREOF, the parties have executed this Agreement 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
________________________________
Christina D. Alger, Director of Human Resources
[Signatures Continued on Next Page.]
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City of Modesto and Oppenheimer Investigations Group, LLP 14 ATTORNEY:

AMY OPPENHEIMER
______________________________________
______________________________________
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 and Oppenheimer Investigations Group, LLP 15

EXHIBIT A
Oppenheimer Response to RFP
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -1- City of Modesto Services

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this _13th___ day of _September_____, 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Armistead Research and Investigative Services, a California Sole Proprietorship, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:

A. The City has determined that a consultant is necessary to assist with internal administrative investigation services.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said plan check(s).

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

1. SCOPE OF SERVICES.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed$100,000 as full remuneration for performing all services and furnishing all staffing and materials called for performance by Consultant of all of its duties and obligations under this Agreement.

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this agreement. All work to be performed under this agreement shall be billed at the rates set forth in Exhibit “A” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct #17..
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -3- City of Modesto Services
business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Timothy Armistead will be the person primarily responsible for the performance of the services referred to in this agreement. City has entered into this agreement in reliance on that representation by Consultant. Consultant therefore agrees that eighty percent (80%) or more of the time to be devoted to the project that is the subject of this agreement will be that of the abovenamed person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the agreement.

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

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

Consultant, its agents, officers and employees are and, at all times during the terms of this agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this agreement.

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

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
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As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

FOR Consultant: Name: Timothy Armistead
Address: 9611 Golden Drive, Orangevale, California 95662 Phone: (415) 608-2224
Email: [email protected]
FOR CITY: Name: City of Modesto
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx Address: P.O. Box 642
Modesto, CA 95354
Attention: Carmen Vargas
Phone: (209) 577-5409

Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-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.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage #17..
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or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's 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.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability #17..
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx insurance policies. 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 Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant'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. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
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The City may also terminate the Consultant's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedures
If this agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the work as has not been terminated;
g. Take such other actions as may be necessary, or as may be #17..
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directed by the City for the protection and preservation of the work and/or property related to the work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx agreements or contracts for materials;
b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as
determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement. #17..
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Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this agreement, or the breach, termination execution, enforcement, interpretation, or validity of this agreement, including the determination of the scope or applicability of this agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this agreement.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by #17..
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track” rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
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Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this agreement shall not operate as an exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the sub-consultant consents to being joined in an arbitration between City and Consultant involving the work of the sub-consultant to be joined. Consultant’s failure to do so shall be a breach of this agreement.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

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

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #17..
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09/08/22 C:\Users\fsplendorio\AppData\Local\Temp\Scrub\n5vu5mmi\3i3zypme.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the 13th day of September , 2022, and ___________ has caused this agreement to be duly executed in duplicate as of the Effective Date.
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 13th day of September, 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Municipal Resource Group, LLC (MRG), a California Limited Liability Company, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:

A. The City has determined that a consultant is necessary to assist with internal administrative investigation services.

B. Consultant represents that it is qualified, willing and able to provide internal administrative investigation services.

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

1. SCOPE OF SERVICES.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $100,000 as full remuneration for performing all services and furnishing all staffing and materials called for performance by Consultant of all of its duties and obligations under this Agreement.

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this agreement. All work to be performed under this agreement shall be billed at the rates set forth in Exhibit “A” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct #17..
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business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mary Egan will be the person primarily responsible for the performance of the services referred to in this agreement. City has entered into this agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty percent (20%) or more of the time to be devoted to the project that is the subject of this agreement will be that of the abovenamed person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the agreement.

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

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

Consultant, its agents, officers and employees are and, at all times during the terms of this agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this agreement.

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

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
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As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

FOR Consultant: Name: Mary Egan, Managing Partner
Address: P.O.Box 561
Wilton, CA 95693
Phone: 916-261-7547
Email: [email protected]
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95354
Attention: Carmen Vargas
Phone: (209) 577-5409

Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-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.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage #17..
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or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's 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.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability #17..
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx insurance policies. 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 Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant'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. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
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The City may also terminate the Consultant's performance under the agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedures
If this agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
#17..
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the work as has not been terminated;
g. Take such other actions as may be necessary, or as may be #17..
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directed by the City for the protection and preservation of the work and/or property related to the work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant
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b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as
determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement. #17..
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Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this agreement, or the breach, termination execution, enforcement, interpretation, or validity of this agreement, including the determination of the scope or applicability of this agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this agreement.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by #17..
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track” rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -17- City of Modesto Administrative Investigation Services
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this agreement shall not operate as an exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

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

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #17..
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09/08/22 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the 13th day of September 2022, and ___________ has caused this agreement to be duly executed in duplicate as of the Effective Date.
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Karen Kramer, Esq.

KRAMER WORKPLACE INVESTIGATIONS
PO Box 266 ● Danville, CA 94526 ● Tel 925.838.6435 ● Fax 925.838.7564 ● [email protected]

May 3, 2022
Kelly Rice-Ortiz
Executive Assistant
City of Modesto
PO Box 642
1010 Tenth Street, Ste. 2200
Modesto, CA 95353
Re: Request for Proposal – Public Sector Consulting Firm

Dear Ms. Rice-Ortiz:

Kramer Workplace Investigations is interested in being considered as an outside investigative law firm for personnel investigations for the City of Modesto. We have a history of successfully providing similar services to other public agencies throughout California.

Attached please find Kramer Workplace Investigations’ response to the Request for Proposal. If you need any additional information, please do not hesitate to contact me at [email protected] or 925-838-6435.

Very truly yours,
Karen B. Kramer
KBK/hs
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Karen Kramer, Esq.

KRAMER WORKPLACE INVESTIGATIONS
PO Box 266 ● Danville, CA 94526 ● Tel 925.838.6435 ● Fax 925.838.7564 ● [email protected]

RESPONSE TO

REQUEST FOR PROPOSAL -

PERSONNEL INVESTIGATIONS

FOR THE CITY OF MODESTO
May 3, 2022
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QUALIFICATIONS OF THE FIRM
A. Personnel
Kramer Workplace Investigations (formerly known as Kramer-Wiese) was formed in 2000. Since 2000, Karen Kramer’s law practice has been dedicated to conducting workplace investigations for public agencies.

Karen has over 20 years of experience conducting impartial fact-finding investigations for the public sector. She has investigated a broad range of issues, including but not limited to allegations of harassment, discrimination and retaliation, as well as alleged misconduct in violation of workplace policies, such as bullying, workplace violence, and misuse of public funds or resources. Additionally, Karen has conducted over 1000 investigations for public agencies throughout the state of California.

Approximately one-third of these investigations involved public safety employees, in compliance with the Public Safety Officers Procedural Bill of Rights and the Firefighters Procedural Bill of Rights.

Karen has testified related to investigations she conducted on approximately 15 occasions, including having her deposition taken and testifying in administrative proceedings.

Karen is the immediate past president of the Association of Workplace Investigators and has served on the Board of Directors since 2011. She has been a sustaining member of the organization since its inception in 2009. Karen was also instrumental in creation of the AWI-CH certificate program offered at AWI’s Training Institutes and has served as a faculty member and an evaluator of the program.

In addition to conducting independent workplace investigations, Karen also conducts training regarding conducting workplace investigations in the public sector. She has conducted half-day and full-day seminars for public agency professionals who conduct or oversee workplace investigations.

Additionally, she has presented on specific topics relevant to workplace investigations for AWI, the California Public Employee Labor Relations Association (CalPELRA), and the Association for California Governmental Human Resources Professionals (CalGovHR).

Kramer Workplace Investigations also has associate attorneys who regularly perform workplace investigations for public agencies. These attorneys have attended the AWI Training Institute. Karen supervises all of the work performed by Kramer Workplace Investigations’ attorneys.

Kramer Workplace Investigations’ insurance policies meet the City’s insurance requirements. Upon entering into a contract with the City, Kramer Workplace Investigations will add the additional insured endorsement required by the City.

B. Services Provided
Kramer Workplace Investigations understands the City’s desire to use, on an as needed basis, the services of an outside firm with expertise in conducting personnel investigations. We conduct impartial, thorough and timely investigations for our clients. In doing so, we will work with the appropriate City designee to:
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• Provide an investigative plan (including witnesses to be interviewed and evidence to be obtained and reviewed) with an estimated timeline for completion of the investigation; • Provide updates on the progress of the investigation on a weekly basis or as requested by the City; and
• Evaluate the scope of the investigation throughout the process.

Kramer Workplace Investigations’ typical approach when conducting a personnel investigation involves interviewing the complainant, the accused, and all relevant witnesses. We review documents presented by the agency, parties to the investigation, and/or witnesses. If necessary, individuals are “re-interviewed” to allow them to respond to newly acquired information.

If during the course of an investigation, any issues outside the scope of the investigation are brought to our attention, we will promptly report these new issues to the appropriate City personnel so that a decision can be made regarding expanding the scope of the investigation.

Kramer Workplace Investigations’ written reports, which are typically protected by the attorney-client privilege, include the following:
• Identification of the scope of the investigation;
• A summary of the findings;
• Identification of the methodology utilized during the investigative process, including identification of the individuals interviewed and the documents and/or other evidence reviewed;
• A description of the complaint, usually from the complainant’s perspective, or the employee conduct being investigated;
• A summary of the information provided by the witnesses, including an assessment of the witnesses’ credibility when factual disputes exist; and • Findings of fact, relying on the credible evidence presented during the course of the investigation.

When requested, Kramer Workplace Investigations’ attorneys will include a determination as to whether a specific City policy was violated. Supporting evidence, including documents, will be attached as exhibits to the report.

Kramer Workplace Investigations’ practice is to audio-record all witness interviews unless we are requested not to do so. Copies of the recordings will be available to the City, upon request. However, due to the cost of transcription of recorded interviews, transcriptions will not be provided unless specifically requested by the City.

C. PRINCIPAL STAFF CONTACT
Karen Kramer – [email protected], 925-838-6435
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PROFESSIONAL FEES & OUT OF POCKET EXPENSES
A. Hourly Rates
Investigative services, which includes communication with City personnel, review of documents, travel to/from Modesto, attendance at witness interviews, and preparation of a written report:
• Karen Kramer - $395 for the first three years of the contract term; $425 for the two optional years
• Associate Attorneys - $295-345 (depending upon experience) for the first two years of the contract term; $325-375 for the two optional years
Post-investigation services, which includes post-investigation communication with City personnel and outside law firms, responding to subpoena dues tecum, preparation for testimony, travel to/from the location where testimony is being provided, and providing testimony:
• Karen Kramer - $500
• Associate Attorneys - $400-450
Kramer Workplace Investigations’ hourly rate for paralegal services, which may include document review and organization, and/or assistance with report-writing, is $150.00 per hour.

B. Out of Pocket Expenses
It is not anticipated that any out of pocket expenses will be incurred on behalf of the City. Kramer Workplace Investigations will not charge the City for mileage or parking. Additionally, Kramer Workplace Investigations will not charge the City for word processing, telephone charges, postage, and similar administrative items.

Additional expenses may include messenger and delivery services, photocopying expenses when it is necessary to have a third party make photocopies, transcription of recorded interviews, and similar items. Kramer Workplace Investigations will not seek reimbursement for any expense not specifically authorized by the City prior to the expense being incurred. Additionally, Kramer Workplace Investigations will not add a “handling” or “administrative” charge for costs and expenses incurred on the City’s behalf.
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PREVIOUS CLIENTS
Kramer Workplace Investigations conducted workplace investigations for these agencies during the 2021-2022 fiscal year:1
• City of Beverly Hills* – Human Resources Director Shelly Ovum • City of Berkeley* – City Attorney Farimah Lewis
• City of Fairfield – Human Resources Director Farbod Pirouzmand • City of Richmond* – Assistant City Manager Anil Comelo • City of Roseville – Human Resources Director Stacey Peterson • Sacramento Metropolitan Fire District* – Human Resources Director Melisa Maddux • Sacramento County – Equal Employment Opportunity Officer Cori Stillson; County Counsel Lisa Travis
• Kern County – Deputy County Counsel Bryan Alba
• Solano County – Human Resources Director Charmie Junn; Assistant County Counsel Carrie Scarlata
1 An asterisk next to the agency’s name indicates the investigation(s) involved public safety personnel. #17..
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PROPOSAL FOR

PUBLIC SECTOR

CONSULTING FIRM
Subject: Response to Request for Proposals – Public Sector Consulting Firm Prepared for: City of Modesto
Prepared by: Ellis Investigations Law Corporation
Date: April 25, 2022
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April 25, 2022
Kelly Rice-Ortiz
Executive Assistant
City of Modesto
P.O. Box 642
1010 Tenth Street, Suite 2200
Modesto, CA 95353
Re: RFP for Public Sector Consulting Firm
Dear Ms. Rice-Ortiz:

Thank you for the opportunity to respond to the City of Modesto (City) Request for Proposals for Public Sector Consulting Firms (RFP).

Ellis Investigations Law Corporation (Firm) is an excellent fit to provide the internal administrative investigation services that the City seeks. The Firm and its attorney investigators meet the City’s requirements in the RFP. The Firm regularly provides attorney investigator services to special districts, cities, counties and other public and private employers throughout California.

The individual authorized to represent the Firm is:

Leslie D. Ellis, Partner
455 Capitol Mall, Suite 205
Sacramento, CA 95814
Email: [email protected]
Telephone: (916) 426-9181
We look forward to hearing from the City.

Respectfully,
Leslie D. Ellis
Partner
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Ellis Investigations Law Corporation Response to Request for Proposals 3 I. HISTORY AND QUALIFICATIONS
Ellis Investigations Law Corporation is an employment law firm formed in 2014 that focuses exclusively on conducting impartial workplace investigations for public and private employers across California. The Firm is committed to providing equal employment opportunities and diversity, equity and inclusion in our workforce. The Firm is also certified as a Small Business (Micro) and Women Owned Business. We utilize current technology to complete our work and engage in ongoing training and education to ensure our attorney investigators are prepared to perform their duties at a high level.

The Firm prides itself on the experience and expertise of its attorneys in conducting workplace investigations. Our attorney investigators have special expertise in conducting investigations in the public sector, including special districts, cities, counties and state agencies throughout California. We understand the unique and challenging issues that arise for public sector employers, from working within the framework of employee due process rights to dealing with external pressures when the public or elected officials are involved in an investigation. We work closely with our clients to preserve the integrity of the investigation while also ensuring they have the information necessary to address the impact of the investigation on the agency and the public.

The Firm is owned by Leslie Ellis, who has conducted and managed hundreds of investigations on a wide range of issues. In addition, the Firm is comprised of six other attorney investigators and legal support staff with backgrounds in employment law. Each of the Firm’s attorneys is an experienced and dedicated investigator, licensed to practice law by the State Bar of California.

Additionally, all the Firm’s attorneys have, or will soon obtain, an AWI-CH designation from the Association of Workplace Investigators.

Among other issues, the Firm regularly addresses complaints of discrimination, harassment, misuse of public funds, abusive management, whistleblower activity and favoritism. Our clients call on us to investigate even the most sensitive issues involving employees, sworn officers, executives, educators, students, physicians, patients and elected officials. Our attorney investigators are experienced at conducting investigations under the Public Safety Officers Procedural Bill of Rights Act (POBR) and the Firefighters Bill of Rights Act (FBOR). They are also experienced at conducting investigations in union environments and work well with union representatives and legal counsel.

II. PROJECT PERSONNEL
A. Proposed Principal in Charge
Leslie D. Ellis, Partner: Ms. Ellis is a twenty-year attorney. She conducts investigations for public and private employers, with an emphasis on workplace harassment, fraud, compliance and retaliation complaints. Prior to forming Ellis Investigations Law Corporation in 2014, she served as in-house counsel at a large healthcare organization where she conducted and oversaw investigations at all levels. She frequently investigates matters with all levels of employees and #17..
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Ellis Investigations Law Corporation Response to Request for Proposals 4 witnesses, including those involving elected officials, executives, board members, the public, sworn officers, physicians, patients and legal and human resources professionals. She is experienced in conducting sworn officer investigations under the POBR and FBOR. Ms. Ellis’ biography is attached. (Attachment A.)
The following is a sample of Ms. Ellis’ public sector investigations:
• City, Northern California: Conducted investigation into a complaint that the Fire Chief engaged in race-based decisions on position assignments, budget allocation, grievances and allowing threats to go unaddressed.
• City, Central California: Conducted investigation into whistleblower and compliance complaints that the leader engaged in misconduct, including misuse of public funds and misuse city systems.
• City, Northern California: Conducted investigation into a complaint that the Human Resources Director conducted a biased and flawed internal investigation into complaints that an employee engaged in threatening behavior. The employee alleged this constituted harassment and retaliation because of the employee’s participation in a colleague’s federal lawsuit against the city.
• City, Central California: Conducted investigation into a complaint of retaliation by a manager against a direct report for taking a lengthy pregnancy disability leave of absence.
• City, Southern California: Conducted investigation into a complaint that a city councilmember engaged in an ongoing pattern of abusive and threatening conduct toward the City Manager because of gender.
• County Probation Department, San Francisco Bay Area: Conducted investigation into a complaint of sexual harassment and national origin harassment by a sworn probation officer.
• County Public Works Department, San Francisco Bay Area: Conducted investigation into a complaint regarding a supervisor’s threatening conduct toward staff and disparaging comments regarding management personnel.

During the term of the contract, other Firm attorney investigators will be called on to provide services described in the RFP. Ms. Ellis will supervise each matter that the City assigns to the Firm under this proposal. No key personnel shall be removed or replaced without the prior written concurrence of the City.
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Ellis Investigations Law Corporation Response to Request for Proposals 5 B. Organization Table
The following is a table providing the identity and contact information of each of the Firm’s attorney investigators, including a brief description of their respective experience. The biographies for each individual attorney are attached. (Attachment A.) Attorney Name and Contact Title and Firm Relationship Years of Experience Leslie D. Ellis
(916) 426-9181
[email protected]
State Bar Number: 222724
Ms. Ellis is a partner with
the Firm. She is qualified to
perform all the work under
this proposal.

Ms. Ellis is a twenty-year
attorney. She has
specialized in conducting
investigations since 2014.

Kate Svinarich
(510) 859-7704
[email protected]
State Bar Number: 287976
Ms. Svinarich is an attorney
with the Firm. She is
qualified to perform all the
work under this proposal.

Ms. Svinarich is a tenyear attorney. She has
specialized in conducting
investigations since
joining the Firm in early
2020.

Tracy Law
(916) 426-9185
[email protected]
State Bar Number: 314936
Mx. Law is an attorney with
the Firm. They are qualified
to perform all the work
under this proposal.

Mx. Law is a five-year
attorney. They have
specialized in conducting
investigations for over
three years.

Tania Seanpanah
(213) 424-3948
[email protected]
State Bar Number: 317532
Ms. Seanpanah is an
attorney with the Firm. She
is qualified to perform all
the work under this
proposal.

Ms. Seanpanah is a fiveyear attorney. She joined
the Firm in June 2021.

Lucy Li
(916) 426-6001
[email protected]
State Bar Number: 323713
Ms. Li is an attorney with
the Firm. She is qualified to
perform all the work under
this proposal.

Ms. Li is a four-year
attorney. She has
specialized in conducting
investigations for over
two years.

Karin Bailey
(916) 906-0507
[email protected]
State Bar Number: 329188
Ms. Bailey is an attorney
with the Firm. She is
qualified to perform all the
work under this proposal.

Ms. Bailey is a three-year
attorney. She joined the
Firm in March 2022.

Ilene Reynoso
(916) 661-7754
[email protected]
State Bar Number: 329189
Ms. Reynoso is an attorney
with the Firm. She is
qualified to perform all the
work under this proposal.

Ms. Reynoso is a threeyear attorney. She joined
the Firm in December
2021.
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Ellis Investigations Law Corporation Response to Request for Proposals 6 The Firm will not be using any sub-consultants.

III. RELEVANT EXPERIENCE
As attorneys, our client engagements are governed by the ethical rules that apply to attorneys.

As such, we are not at liberty to disclose a list of our clients. However, the following is a summary of some additional representative investigations that the Firm’s attorneys conducted. • City, Northern California: Conducted wide-ranging investigation into a complaint that a department head misappropriated city resources and directed staff to violate the city’s wage-hour rules. Witnesses also complained the department head made offensive and derogatory comments based on race and sexual orientation. • City Police Department, Northern California: Conducted investigation into a complaint that a sergeant made inappropriate comments to a police officer, including about the officer’s gender.
• City, Northern California: Conducted investigation into a complaint that an employee was subjected to offensive statements and issued a negative performance review because of the employee’s sexual orientation.
• City Utility District, California: Conducted investigation into a complaint of gender, sex and race harassment and discrimination by a department head. The investigation also included allegations of retaliation for raising a complaint. • City Fire Department, Northern California: Investigated a complaint of preferential hiring and discrimination against a deputy commander.
• County, San Francisco Bay Area: Investigated concerns involving an employee’s unauthorized computer access of confidential information. • County, San Francisco Bay Area: Investigated a complaint of an employee’s sexual misconduct and misuse of resources.
• County, Northern California: Conducted investigation into a complaint of employee misconduct. The concerns involved the employee recording other employees without knowledge or consent, trespassing and stealing.
• County, Northern California: Conducted investigation into a complaint of discrimination based on religion and religious attire against department leadership. • County Probation Department, Central California: Conducted investigation into a complaint of gender identity harassment involving a sworn officer. #17..
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Ellis Investigations Law Corporation Response to Request for Proposals 7 IV. PROJECT APPROACH AND ORGANIZATION
The Firm’s philosophical approach to investigations is driven by our ethical obligations as attorneys. We provide excellent service to our clients within the scope of our representation as impartial investigators. As attorneys, we conduct investigations that are compliant with California’s Private Investigator Act, which requires that attorneys or licensed private investigators conduct third-party workplace investigations. (Bus. & Profess. Code §§7520, et seq.) We enter a limited scope engagement with the client that is governed by the attorneyclient privilege. As attorney investigations, we conduct a factfinding investigation in furtherance of a client seeking legal advice from other counsel on what steps to take as a result of the investigation findings. We utilize our expertise in employment law to arrive at findings based on our professional evaluation of the evidence, including evaluating the witness credibility.

With seven attorneys, we assign investigations based on each attorney’s area of expertise and availability. Because of our attorney bench, we are usually able to start investigations within one to two weeks. Occasionally, however, our ability to start is longer than two weeks. One attorney investigator typically handles each investigation. On occasion, with large, complex investigations, more than one attorney investigator works on an investigation. With such investigations, the Firm will work with the City to agree on appropriate staffing. For example, another attorney may assist a partner with a large investigation to achieve efficiencies in time and cost. This staffing model will permit the Firm to meet the demands of the City as appropriate.

The Firm conducts investigations under the following principles:
• Promptness. To help clients meet their obligations to take timely remedial action in response to concerns of misconduct, we conduct investigations promptly, enabling all parties to return their focus to work as soon as possible. We communicate regularly and always provide advance notice if changes in the time estimates are necessary. • Impartiality. Impartiality is key to ensuring that an investigation withstands scrutiny during litigation. We do not guarantee a specific outcome on any investigation and we maintain an arms-length relationship with our clients during investigations to maintain impartiality. • Thoroughness. We work closely with our clients to carefully define the scope of each investigation and ensure that we address the questions to which our clients need answers. • Efficiency. Investigations, particularly of complex issues, can be expensive. We conduct targeted, efficient investigations without compromising integrity or quality.

We prepare an investigation plan before starting an investigation to ensure quality deliverables within required timeframes and budgets. The following is an overview of some other significant steps:
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Ellis Investigations Law Corporation Response to Request for Proposals 8 • Schedule timely interviews, in-person, by phone or videoconference. • Communicate proactively with the client regarding the status of the investigation and work with the client to update the scope and investigation plan if new issues arise. • Identify the factual bases or the absence of factual bases for each of the allegations, by:
a. Reviewing organizational policies and practices, applicable regulations and other relevant information, depending on the issues under investigation. This might include, for example, emails, internet searches, meeting agendas and minutes, financial records, credit card records, expense records, other business records, timekeeping records, text messages, phone records, computer access records, surveillance video, security badge access data and personnel files. b. Interviewing and assessing the credibility of key individuals, including the complainant, respondent and subject matter experts, as needed. c. Interviewing and assessing the credibility of other relevant percipient witnesses with direct, material and relevant information.
• Consider, evaluate and communicate ongoing legal issues to the client representative, as appropriate.
• Make and communicate findings to the client representative. • When requested, the investigating attorney prepares a thorough, impartial investigation report that summarizes the complaint, the investigatory process and the evidence considered. The report includes a detailed analysis explaining the bases for the investigator’s factual findings. Every report produced by the Firm goes through an internal review and proofing process to ensure quality and consistency.

V. BILLING RATES
A. Fees and Costs
The Firm strives to perform investigation services efficiently to reduce the overall costs. We do not charge administrative fees or bill any of our overhead costs to our clients. We offer a tiered rate structure so that the best personnel can be assigned to work on a given matter, subject to consent and approval of the City.

The Firm recognizes that not all investigations are equal. We assign an attorney and a billing rate that fits the scope of the investigation. The Firm provides discounted billing rates to public sector employers and those rates are reflected in this proposal. Working with the City, we will staff investigations based on the complexity of the complaint. We evaluate the complexity and difficulty of the complaint using the following criteria:
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Ellis Investigations Law Corporation Response to Request for Proposals 9 • Number and complexity of issues
• Number of witnesses
• Volume and type of documents
• Organizational level of complainant
and respondent
• Urgency of investigation closure
• Related pending litigation
• Representation of the parties
• Political, media and other external
factors at play
The 2022 public sector hourly rates for the Firm’s attorney investigators are as follows:

Legal Specialist: $195
Associates: $305 to $365
Partners: $440
The Firm increases rates from time to time. However, the Firm will not increase rates more than once each calendar year.

Time is billed in increments of one-tenth of an hour and these rates apply to all work performed during an investigation, including:
• Discussions with the client regarding investigations
• Investigation interviews and associated travel
• Document and data gathering and review
• Meetings with the client to present investigation findings • Report writing
• Work if called to testify, respond to discovery or defend the investigation confidentiality • All other work associated with conducting and completing investigations B. Other Costs
The Firm seeks reimbursement for expenses and direct costs incurred while rendering investigation services. Such costs will include, for example, mileage at the current IRS mileage reimbursement rate, messenger delivery services, overnight mail delivery services and other incidental costs. The costs also include attorneys’ fees for the investigator’s separate counsel, in the event of the need to respond to discovery requests and prepare for and testify about the investigation.

The Firm is well positioned to support the City by providing on-call investigation services. We are one of the most experienced Firms in the state and conduct more investigations for public sector employers than most other California investigation law firms. We look forward to the opportunity to work with the City under this proposal.
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Attachment A
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LESLIE ELLIS
Leslie Ellis has extensive experience
conducting impartial investigations
for private and public organizations
throughout California.

Leslie serves as an impartial investigator for
sensitive and complex complaints in the
workplace and on campus. She investigates a
variety of issues, including workplace harassment,
fraud and compliance, whistleblower complaints
and sexual assault. She frequently investigates
matters with all levels of employees and
witnesses, including those involving corporate
executives, elected officials, board members,
the public, sworn officers, physicians, patients,
educators, students and legal and human
resources professionals.

Prior to founding Ellis Investigations, Leslie
worked in the nationally recognized employment
law department of Paul Hastings, where she
counseled and litigated for employers across all
industries. In addition, she served as in-house
employment counsel at a major California
healthcare system.

Leslie received her Juris Doctorate from the
University of California, Hastings College of
the Law, and her bachelor’s degree from the
University of California, Berkeley.

Leslie is based in Sacramento and conducts
investigations throughout California.
(916) 426-9181
[email protected]
Associations and Membership
American Bar Association, Labor and
Employment Law Section
Association of Workplace
Investigators
AWI Certificate Holder, AWI Training
Institute (AWI-CH)
Sacramento Area Human Resources
Association
Sacramento County Bar Association,
Labor and Employment Law Section
California Lawyers Association,
Labor and Employment Law Section
Women Lawyers of Sacramento
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KATE SVINARICH
Kate Svinarich conducts impartial
investigations for public and private
employers across California.

Kate is an experienced employment law attorney.

She has advised employers in a variety of
industries and represented them at all stages
of litigation. She has handled a broad range of
matters including discrimination, harassment,
retaliation, disability/reasonable accommodation
and wage and hour cases. Kate appeared in state
and federal court as well as in administrative
proceedings. As an attorney investigator, Kate
uses her broad employment law experience to
conduct thorough, impartial investigations.

Kate is an alumnus of the University of Colorado,
Boulder (B.A.) and the University of California,
Hastings College of the Law (J.D.). Kate serves
as Co-Chair of the Board of Directors of the AIDS
Legal Referral Panel.

Kate is based in the Bay Area and conducts
investigations throughout California.
(510) 859-7704
[email protected]
Associations and Membership
Association of Workplace
Investigators
AWI Certificate Holder, AWI
Training Institute (AWI-CH)
Bar Association of San Francisco,
Labor and Employment Law Section
California Lawyers Association,
Employment and Labor Section
Northern California Super Lawyers,
“Rising Star,” 2016-2020
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TRACY LAW
Tracy Law serves as an impartial
investigator of sensitive and complex
workplace complaints.

Tracy conducts workplace investigations into
a variety of issues, including claims of sexual
harassment, discrimination, retaliation and
employer misconduct. Prior to joining Ellis
Investigations, Tracy worked for a prominent
plaintiff-side employment law firm in Sacramento,
California, representing current and former
employees in litigation against their employers in
both the public and private sectors. Tracy has
experience in workplace discrimination and
harassment, whistleblower retaliation and
protected leave laws.

Tracy received their Juris Doctorate from Tulane
University Law School, graduating with honors,
and their bachelor’s degree from the University of
British Columbia.

Tracy is based in Sacramento and conducts
investigations throughout California.
(916) 426-9185
[email protected]
Associations and Membership
Association of Workplace
Investigators
AWI Certificate Holder, AWI Training
Institute (AWI-CH)
California Lawyers Association,
Labor and Employment Law Section
Sacramento County Bar Association,
Labor and Employment Law Section
Asian/Pacific Bar Association of
Sacramento
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TANIA SEANPANAH
Tania Seanpanah conducts impartial
investigations into sensitive and
complex matters for organizations
across California.

As an attorney investigator, Tania uses her
experience as an employment law attorney to
conduct impartial investigations involving
workplace concerns, including those involving
discrimination, retaliation, harassment, wrongful
termination and wage-hour matters. She
conducts investigations in both English and Farsi.

Before coming to Ellis Investigations Law
Corporation, Tania handled all phases of
employment litigation and complex business
litigation. She regularly handled matters involving
the California Fair Employment and Housing Act
and wage-hour matters involving the California
Labor Code.

Tania received her Juris Doctorate from the
University of Southern California, Gould School of
Law, and her bachelor’s degree from University
of California, Los Angeles.

Tania is based in Los Angeles and conducts
investigations throughout California.
(213) 424-3948
[email protected]
Associations and Membership
Association of Workplace
Investigators
AWI Certificate Holder, AWI Training
Institute (AWI-CH)
California Lawyers Association,
Labor and Employment Law and
Business Law Sections
Los Angeles County Bar Association

TANIA SEANPANAH
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LUCY LI
Lucy Li conducts impartial
investigations into a broad range
of issues for private and public
organizations throughout California.

Lucy serves as an attorney investigator on
employment law and compliance matters,
including investigating complaints of harassment,
discrimination, fraud, retaliation and allegations of
other misconduct. Prior to joining Ellis
Investigations, Lucy was a Law Fellow with the
University of California, Davis, where she assisted
with campus investigations into fraud,
misconduct and whistleblower claims. Lucy also
has experience in employment matters and
public entity law.

Lucy received her Juris Doctorate from the
University of California, Davis School of Law, and
her bachelor’s degree from the University of
California, Davis.

Lucy is based in Sacramento and conducts
investigations throughout California.
(916) 426-6001
[email protected]
Associations and Membership
Association of Workplace
Investigators
AWI Certificate Holder, AWI Training
Institute (AWI-CH)
California Lawyers Association,
Labor and Employment Law Section
Sacramento County Bar Association,
Labor and Employment Law Section
Asian/Pacific Bar Association of
Sacramento
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KARIN BAILEY
Karin Bailey serves as an
impartial workplace investigator for
a broad range of issues.

Karin conducts impartial workplace
investigations into a variety of issues, including
compliance concerns and complaints of
harassment, discrimination, retaliation and other
misconduct. Prior to joining Ellis Investigations
Law Corporation, Karin counseled and litigated
on behalf of public and private employers.

Among other things, she handled collective
bargaining, administrative hearings and
disciplinary matters involving public safety
employees.

Karin received her Juris Doctorate from the
University of California, Davis School of Law and
her bachelor’s degree from California State
University, Sacramento.

Karin is based in Sacramento and conducts
investigations throughout California.
(916) 906-0507
[email protected]
Associations and Membership
Association of Workplace
Investigators
California Lawyers Association,
Labor and Employment Law
Section

KARIN BAILEY
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ILENE REYNOSO
Ilene Reynoso serves as an
impartial workplace investigator for
a broad range of issues.

Ilene conducts impartial workplace investigations
into a variety of issues, including compliance
concerns and complaints of harassment,
discrimination, retaliation and other misconduct.

Prior to joining Ellis Investigations Law
Corporation, Ilene worked as an attorney
litigating and counseling employers in all stages
of disputes.

Ilene received her Juris Doctorate from the
University of California, Davis School of Law and
her bachelor’s degree from the University of
Arizona.

Ilene is based in Sacramento and conducts
investigations throughout California.
(916) 661-7754
[email protected]
Associations and Membership
Association of Workplace
Investigators
American Bar Association
California Lawyers Association,
Labor and Employment Law and
Business Law Sections

ILENE REYNOSO
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Request for Proposal
Public Sector Consul5ng Firm
City of Modesto
May 4, 2022
Oppenheimer Inves5ga5ons Group LLP
1442A Walnut Street #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
oiglaw.com
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1 Table of Contents
Cover Le0er...................................................................................................................... 2 Experience/Background.................................................................................................... 3 Project Team and Personnel ............................................................................................. 5 Scope of Services for Personnel InvesEgaEons.................................................................13 Rates ...............................................................................................................................15 References.......................................................................................................................16 Other Services (Training)..................................................................................................17 Other Services (MediaEon, ConciliaEon, Informal Dispute ResoluEon and Coaching).......19 Exhibit 1 (Resumes) .........................................................................................................21 #17..
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2 Cover Le0er
Oppenheimer Investigations Group (“OIG”) is a premier investigations law firm that specializes in impartial workplace and school investigations as well as trainings, executive coaching, expert testimony, and mediation services. We investigate complaints of harassment, discrimination, retaliation, sexual assault, and other misconduct for public entities, private companies, nonprofits and educational institutions. OIG is based in Northern California, but our services are available throughout the entire State of California.

Oppenheimer Investigations Group launched in 2021, as a limited liability partnership growing out of the Law Offices of Amy Oppenheimer. The Group has a new name but retains the same staff with more than 25 years of experience behind it as a leading entity in the field of workplace investigations and employment law.

Our core values include a dedication to acting with true impartiality, and thus recognizing and confronting our own biases and not allowing bias of any kind to interfere with the outcomes of our investigations. It is also a priority for us that our work product is both excellent and reasonable. That is, we “right size” each investigation so that we are not spending hundreds of hours on an allegation of minor consequence.

Our investigators are each active members of the California Bar and, thus, eligible to conduct workplace investigations as attorneys, exempt from the Business & Professions Code § 7520, which requires a licensed private investigator. Fourteen of our twenty investigators are AWI-CH certified by the Associate of Workplace Investigators.

Any questions related to this proposal can be directed to Cody Holtz, Office Manager. His email address is [email protected] and his telephone number is (720) 445-1251. Additionally, Amy Oppenheimer, Managing Partner, is also available to answer any questions. Her email address is [email protected] and her telephone number is (510) 393-4212. Both are authorized to make representations for the firm. The office address is 1442A Walnut Street, #234, Berkeley, CA 94709.

Sincerely,
Amy Oppenheimer, Managing Partner
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3 Experience/Background
OIG investigates complaints of harassment, discrimination, retaliation, sexual assault, and other misconduct for public entities, private companies, nonprofits and educational institutions. When faced with crises, clients seek our services because of our reputation as experts in the field, our ability to dissect and discern complex issues fairly, and our cost-effective and high-quality work.

Our Managing Partner, Amy Oppenheimer, is a well-recognized pioneer in the industry. Amy led the founding of the Association of Workplace Investigators (AWI), which has now grown to include more than 1,400 professionals. Her expertise and contributions to the curriculum have proved paramount in carrying forward the mission of AWI to promote and enhance the quality of workplace investigations everywhere.

Our Investigative Team is comprised of 20 well-trained attorney investigators with a wealth of experience in various sectors of the law, including former administrative law judges, employment law practitioners, public policy advocates, and litigators from the plaintiff’s bar, defense bar, and state and federal government agencies. All of our investigators are attorneys and conduct investigations pursuant to an attorney/client relationship with our client in compliance with the California Business and Professions Code.

Our wide range of attorneys allows us to staff investigations at the appropriate level. For example, in cases involving elected officials or executives, we have attorneys with many years of experience and who are adept at handling high-profile investigations. We also have newer attorney investigators who are very experienced and able to do line-staff investigations, and often have more capacity to start an investigation immediately. When necessary or desirable we work in teams. Every report generated by our office is given a second review by another attorney before being sent to the client. This helps ensure objectivity and lack of bias, as well as thoroughness and clarity in our investigative reports.

The diversity of our team also sets OIG apart from other investigations firms. Our attorneys, writers, and staff come from diverse racial, cultural, and legal backgrounds, span many ages, and have unique life experiences and different perspectives that inform our work. Because of our diversity, we are able to assign an investigator with the right skill set, cultural sensitivity, and experience as needed in certain cases. We offer bilingual Spanish and English investigation and training services, and we have the benefit of getting multiple perspectives on issues, which enhances the insight we bring to our investigations and services for our clients.

We have performed hundreds of investigations for private companies, non-profits, and public entities, including counties, cities, special districts, school districts and state agencies. Many of these investigations have involved Title IX, EEOC and DFEH complaints. Our office has also performed investigations involving police departments under the Public Safety Officers Bill of Rights Act (PSOBRA) and involving fire departments under the Firefighters Procedural Bill of Rights (FBOR). No matter the case or the client, we pride ourselves on the consistency of our service and our dedication to providing insight, integrity, and impartiality in every investigation. #17..
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4 Amy Oppenheimer, along with the four other Partners in our firm (Vida Thomas, Christina Ro-Connolly, Zaneta Seidel and Alezah Trigueros), oversee every investigation and supervise the lead investigators in each matter. Additionally, Cody Holtz serves as the firm’s office manager, overseeing all administrative, billing, and contractual matters for hundreds of clients over the past four years.

An integral part of our team are the skilled writers and editors who help us provide timely and wellwritten investigative reports as well as our administrative team who manage our client matters from case intake to closure. Working as a unit, our team ensures that we provide high quality services tailored to meet the needs of each client in a seamless, transparent, prompt and reliable investigative process.

OIG’s core values include a dedication to acting with true impartiality, and thus recognizing and confronting our own biases and not allowing bias of any kind to interfere with the outcomes of our investigations. It is also a priority for us that our work product is both excellent and reasonable. That is, we “right size” each investigation so that we are not spending hundreds of hours on an allegation of minor consequence. We believe that we can be fair and thorough while also making choices about what to pursue and how to pursue it. We take seriously that we are being paid with public funds and our work should be reflective of that. We are committed to providing high quality services at a reasonable cost to our clients.
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5 Project Team and Personnel
Amy Oppenheimer, Managing Partner, AWI-CH
Amy Oppenheimer is a leading expert in the field of workplace investigations. She has over 30 years of experience in employment law, as an attorney, investigator, arbitrator, mediator, and trainer for a large range of employers and employees – public and private, large and small – throughout the country. She is also a retired administrative law judge. Her areas of expertise include preventing workplace harassment and responding to allegations of harassment, investigating workplace harassment, discrimination, retaliation, whistleblower claims, diversity in the workplace, how unconscious bias impacts decisionmaking and other forms of workplace misconduct. Amy frequently does public speaking on these issues.

Amy has investigated hundreds of workplace complaints including complaints against CEOs, founders of startups, Board members, and elected officials. She has testified as an expert witness more than 70 times and also as a fact witness regarding her own investigations.

Amy, along with others at her office, has trained 19 public and private employers in how to investigate workplace complaints, sexual harassment prevention, and implicit bias.

Amy is also the author of numerous articles about harassment and discrimination, and is the co-author of Investigating Workplace Harassment, How to be Fair, Thorough and Legal (Society of Human Resource Management, 2003), one of the few books about the practice of investigations.

Amy is the founder and past President of the Board of the Association of Workplace Investigators, Inc. (AWI), the former Chair of the Executive Committee of the Labor and Employment Section of the State Bar of California and is the former President of the Board of the Berkeley Dispute Resolution Services.

Amy has received certificates from the Association of Title IX Administrators (ATIXA) and T9 Mastered to conduct Title IX investigations.

Vida Thomas, Partner, AWI-CH
Vida Thomas has conducted well over 200 workplace investigations and is experienced in complying with Title IX, Title 5, the Public Safety Officers Procedural Bill of Rights, and the Firefighters Procedural Bill of Rights. She has considerable experience investigating matters within a union setting and is particularly adept at investigating complex matters involving high-profile employers and individuals.

Vida has practiced employment law for more than two decades, with years of experience in advising employers on all aspects of employment law and human resources management.

Vida frequently trains attorneys and human resources professionals on how to conduct legally effective workplace investigations.

She also serves as an expert witness in state and federal employment lawsuits, and mediates litigation and non-litigation matters. Vida assists parties and attorneys in resolving employment claims, including #17..
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6 but not limited to harassment, discrimination, and retaliation claims; wrongful termination claims; failure to accommodate and statutory leave violations; whistleblowing claims; wage and hour violations; and invasion of privacy claims.

Vida also routinely conducts sexual harassment prevention training (including AB1825 compliance training) for state agencies and private companies. She teaches human resources professionals and EEO officers how to conduct effective workplace investigations, and teaches managers and supervisors how to implement legally effective performance reviews. Clients have complimented Vida’s knack for making the law accessible, explaining complex legal concepts in a way that is both thorough and easy to understand. She believes training is most effective when it provides concrete, useful tips for navigating today’s complicated and highly regulated workplace.

She has advised clients and conducted dozens of seminars on the Americans with Disabilities Act, the Family Medical Leave Act, employee drug testing and sexual harassment investigations.

Before joining Oppenheimer Investigations Group, Vida was an of counsel attorney with Stoel Rives LLP and Weintraub Tobin Chediak Coleman Grodin Law Corporation. She began her legal career as an employment litigator at Kronick Moskovitz and then co-founded Carlsen Thomas, LLP, a boutique employment law firm that offered workplace investigations and employee training throughout California for 13 years.

Chris<na Ro-Connolly, Partner, AWI-CH
Christina (Tina) Ro-Connolly has over a decade of labor and employment law experience. Tina joined the firm after serving for 11 years at the Contra Costa County Counsel’s Office, advising departments on legal matters for a workforce of approximately 9,000 employees. Such legal matters included employee discipline, employee complaints, discrimination complaints, wage and hour complaints, alleged labor violations, and labor negotiations. During her tenure, Tina handled numerous mediations and administrative hearings, the latter of which included contractual arbitrations, civil service appeals, and hearings before the Public Employment Relations Board.

Tina also has extensive experience advising public safety departments, such as the Office of the Sheriff and the Probation Department. In addition, Tina conducted sexual harassment prevention trainings and workplace investigation trainings.

Tina received her Juris Doctor from Loyola Law School and received her Bachelor of Arts from the University of California, San Diego.

Tina is a member of the California State Bar and Contra Costa County Bar Association, a sustaining member of AWI, and a graduate of AWI’s Training Institute for Workplace Investigators. Tina is an AWI Certificate Holder (AWI-CH) and has also received a certificate from T9 Mastered to conduct Title IX investigations. Tina is also an Advisor to the Executive Committee of the California Lawyers Association, Labor and Employment Section, as well as a member of the Publications Committee for the AWI Journal. #17..
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7 Tina has conducted numerous investigations at Oppenheimer Investigations Group, including allegations of discrimination and harassment based on age, gender, race, disability, and sexual orientation, allegations of abusive conduct, sexual misconduct, sexual harassment, retaliation, and favoritism, and allegations of general workplace misconduct, many of which included allegations against elected officials and high-level executives. Tina leads AB1825 trainings, workplace investigator trainings, and bias trainings and also conducts audits of internal workplace investigations.

Zaneta Seidel, Partner, AWI-CH
Zaneta began her legal career as a litigation associate in the New York office of Baker & McKenzie LLP, where she handled complex commercial litigation and international arbitration matters. After relocating to the San Francisco Bay Area, Zaneta associated with a boutique litigation law firm in San Francisco, where for five years she advised and represented clients in complex civil litigation matters involving corporate disputes, data breach, franchise law, unfair competition, personal injury claims, environmental claims and Proposition 65 claims.

Zaneta earned her Bachelor’s degree from the University of California, Los Angeles and her Juris Doctor from Columbia University School of Law. While at Columbia Law School, Zaneta served as staff editor for the Columbia Human Rights Law Review and interned with the United Nations High Commissioner for Refugees in Geneva, Switzerland.

Zaneta is a member of the California and New York state bars, a sustaining member of AWI, a graduate of the AWI’s Training Institute for Workplace Investigators, and an AWI Certificate Holder (AWI-CH).

Zaneta has also received a certificate from T9 Mastered to conduct Title IX investigations.

Zaneta has conducted more than 80 workplace investigations and assessments of issues including discrimination, harassment/assault and bullying. More than 30 of these have included allegations against high-level executives and/or elected officials.

Zaneta also speaks about how race can affect investigations and gave a presentation at AWI’s 2019 Annual Conference on “Addressing the Elephant in the Room: The Impact of Race in Investigations.” Alezah Trigueros, Partner, AWI-CH
Alezah has conducted more than 100 workplace and Title IX investigations and assessments of issues including discrimination, harassment/assault and bullying. More than 30 of these investigations have been for educational institutions, including sexual assault allegations in middle schools, high schools, and universities. She has also investigated allegations against high-level executives, elected officials, and high-profile individuals in the entertainment industry.

Alezah is a sustaining member of the Association of Workplace Investigators (AWI), completed AWI’s Training Institute for Workplace Investigators in 2015, is an AWI Certificate Holder (AWI-CH), and is Convener of the San Francisco Bay Area AWI Local Circle. Alezah has also received certificates from the Association of Title IX Administrators (ATIXA) and T9 Mastered to conduct Title IX investigations. #17..
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8 Alezah also speaks about how race can affect investigations and gave a presentation at AWI’s 2019 Annual Conference on “Addressing the Elephant in the Room: The Impact of Race in Investigations.” Alezah’s prior legal work includes working as a Law Clerk and Decision Writer for the Social Security Administration Office of Disability Adjudication and Review where she investigated and made preliminary disability determinations for applicants appealing their benefit denials.

Alezah also served as an editor for the Indiana Journal of Global Legal Studies, and worked at the U.S.

Department of Energy Office for Labor and Pension Law where she put in place a system that enabled the attorneys in her office to provide quick, consistent responses to employment law inquiries.

Tracey Merwise, Senior AEorney
Tracey joins OIG with close to three decades of employment law experience. She previously worked as a law firm partner at both Severson & Werson and Jackson Lewis, as well as in-house counsel at Uber, AT&T, and in the children’s summer camp field. In these roles, she advised employers on a broad spectrum of compliance issues and consulted on high-stakes employment invespgapons.

Tracey frequently speaks about and trains others on employment law issues, including prevenpon of harassment, discriminapon and retaliapon; appropriate handling of reasonable accommodapon of disabilipes; managing workplace conflict; and catalyzing diversity, equity and inclusion in the workplace.

Tracey received her mediator cerpficapon from the Straus Insptute for Dispute Resolupon at Pepperdine University School of Law and served as a volunteer mediator for the Equal Employment Opportunity Commission (EEOC). She graduated from the Associapon of Workplace Invespgators’ (AWI’s) Training Insptute for Workplace Invespgators in 2016.

Danielle Drossel, AEorney, AWI-CH
Danielle represented local government agencies and provided legal advice on a wide range of marers for 10 years. Her diverse clientele of government employees and elected officials included social workers, county boards of supervisors, law enforcement personnel, county planning commissions, public defender arorneys, and land-use planners.

Danielle started her career in private pracpce, defending Los Angeles County in some of the highestexposure civil rights and employment cases, before moving to county counsel posipons at Los Angeles County and later Santa Barbara County. She defended public enppes and public officials in federal and state court, including claims arising under the Fair Employment and Housing Act, Americans with Disabilipes Act, California Family Rights Act, and Family and Medical Leave Act.

Danielle also represented social workers and their employers in claims arising from child abuse and neglect invespgapons. At the Santa Barbara County Counsel’s Office, she served as lead counsel in a civil rights class-acpon lawsuit against the county’s jail, which led to sweeping system-wide changes to improve inmates’ living condipons.
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9 Madeline Buitelaar, AEorney, AWI-CH
Before joining the firm in 2020, Madeline assessed a range of cases at the Office for Civil Rights, Department of Education, Region III in Philadelphia. There, she focused on Title IX and Title VII complaints for a variety of educational institutions, including middle schools, high schools and universities.

Madeline has worked as a law clerk at the San Francisco District Attorney’s Office in the Sexual Assault Unit. She previously mediated cases in the Superior Court of San Francisco in the Small Claims division.

Gorev Ahuja, AEorney, AWI-CH
Gorev invespgates complaints of alleged harassment, including sexual harassment, discriminapon, retaliapon, bullying, fraud, and other misconduct.

Before joining OIG, he worked with the Labor and Employment Law and Workplace Invespgapons groups at the law firm of Meyers Nave, where he conducted independent workplace invespgapons for public, private, and nonprofit sector employers. He also provided advice and counsel, and he represented employers in lipgapon.

Gorev has also worked on marers involving schools, represenpng school districts in special educapon proceedings, mediapons, and due process hearings. He is also familiar with invespgapons in educaponal setngs, including complaints filed under the Uniform Complaint Procedures.

Gorev is biliterate in Hindi and bilingual in Punjabi.

GarreE Smith, AEorney, AWI-CH
During law school, Garrett volunteered at wage claim clinics through Legal Aid at Work, and he corepresented a plaintiff during a California Labor Code section 98.2 appeal. He also clerked at a small defense firm.

As a professor’s research assistant, Garrett researched the effectiveness of legislation on auditor bias.

He was a senior editor for two Hastings law journals, the Hastings Women’s Law Journal and the Hastings Business Law Journal. In addition, he was on a Moot Court Team and the Internal Vice President of Outlaw, an LGBT student group.

Ashlyn Clark, AEorney, AWI-CH
Ashlyn began her career as a trial attorney for the Department of Homeland Security, focusing on immigration, national security and human rights law. As a member of the specialized Human Rights litigation team, she successfully prosecuted human traffickers, war criminals and human rights violators. #17..
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10 Prior to joining the firm in 2020, Ashlyn worked with the Transitional Justice Institute in Belfast, Northern Ireland investigating allegations of human rights abuses.

In law school at the University of Minnesota, Ashlyn was an editor for the University of Minnesota Journal of International Law. She also served as a student practitioner in the Human Rights and International Advocacy Clinic.

Julia Olivier, AEorney, AWI-CH
Julia spent four years working for Cooley, LLP’s employment law practice group. She advised corporate clients through all stages of the employment relationship, including hiring, fair employment practices, and performance management. She frequently advised clients on employment agreements, as well as employee policy development and implementation.

Alice Donahue, AEorney
Alice recently graduated from UC Davis School of Law. In law school, she worked part pme at OIG, shadowing arorneys on several cases. She also interned with immigrapon and asylum organizapons and was acpve in internaponal human rights clubs.

Before law school, Alice reviewed books and blogged at the University of New Mexico. She interned at PEN America as a writer, researcher, and translator. She can conduct invespgapons in French, Spanish, and Portuguese.

Ilona Turner, Of Counsel, AWI-CH
Ilona’s work includes investigations across a variety of industries such as tech, nonprofit and government agencies.

She has extensive experience with labor and employment law and Title IX, having spent 12 years litigating civil rights cases. She served as the legal director for the national Transgender Law Center from 2012-2017. Prior to that, she was a staff attorney at the National Center for Lesbian Rights and an associate at the labor law firm of Cohen, Weiss and Simon in New York.

Ilona also worked for the California State Assembly and as a lobbyist for Equality California.

She authored numerous articles and book chapters on sex discrimination and LGBT legal issues and teaches a class on Law and Sexuality at the University of California, Berkeley. She also serves on the mediation panels for the U.S. District Court for the Northern District of California and California’s Department of Fair Employment and Housing.
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11 Renee Jansen, Of Counsel, AWI-CH
Before joining the firm, Renee was a management consultant, helping clients collaborate more effectively both internally and with alliance partners. This often required navigating different organizational cultures, operating models and behavioral skills. She has extensive experience delivering, advising and training on conflict management, negotiation and managing difficult conversations.

Renee started her legal career at Pillsbury Winthrop, focusing on diverse commercial litigation, which included white-collar criminal defense cases. She prevailed for her clients in a Prop 65 trial on methylmercury.

Renee is a graduate of the AWI Training Institute for Workplace Investigators.

Sandy Fu, Of Counsel
Before joining the firm, Sandy conducted impartial workplace investigations for public utilities and technology giants in Silicon Valley. She routinely handled issues involving unions, contingent workers and protected leaves.

Sandy has conducted more than 30 investigations involving allegations of discrimination based on race, gender and disability, as well as allegations of retaliation, bullying, sexual harassment, sexual assault and other misconduct.

Sandy worked for five years as in-house counsel for Adobe Systems, Inc., where she was responsible for negotiating complex software licensing deals. She began her legal career as a corporate associate in the Palo Alto office of Pillsbury. She worked with startups as well as venture-backed and publicly traded companies on mergers and acquisitions and other transactional matters.

In law school, Sandy served as an extern for Federal District Court Judge Ronald Whyte. Her work involved drafting decisions on Social Security appeals and criminal procedure cases.

Alfredo Diaz, AEorney
Alfredo started his career by assispng in the lipgapon of single-plainpff lawsuits involving various areas of law, including intellectual property and banking. He draved corporate risk analyses and commercial service and transacponal agreements involving intellectual property and informapon technology, and assisted minors filling out the Special Juvenile Immigrant Status visa applicapon.

Before joining the OIG in 2022, Alfredo worked in the Insurance Coverage space. He speaks both English and Spanish.
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12 Maria Walker, AEorney
Maria recently graduated from UC Davis School of Law where she worked with the Immigrapon Law Clinic assispng on naponwide class acpons. During her final semester of law school, she interned at a mid-size employment law firm.

Before law school, Maria earned a master’s degree in Lapn American studies from Stanford University.

While at Stanford, she studied human rights and immigrapon. Shortly thereaver, Maria volunteered as a translator for the CARA pro bono project.

Maria can conduct invespgapons in both English and Spanish.

Jus<na Yassa, Post Bar Law Clerk
Juspna recently graduated from UC Davis School of Law. She grew up in the Sacramento area, where her family serled aver immigrapng from Egypt. Having grown up in a diverse city to immigrant parents, Juspna developed a strong appreciapon for varying backgrounds and perspecpves.

In law school, Juspna volunteered at a Workers’ Rights Clinic through Legal Aid, where she represented several clients in Labor Commissioner hearings. Her exposure to employment law ulpmately led her to OIG, where she interned for two years before joining the firm full pme.

During her pme in law school, Juspna was also on the board of Humanitarian Legal Aid Organizapon, Black Law Student Associapon, and Trial Pracpce Honor Board. She was a member of the trial team and parpcipated in various expungement and immigrapon clinics.

Roxanne Hill, Post Bar Law Clerk, AWI-CH
Before pursuing a legal career, Roxanne worked as a licensed behavior analyst in New York, providing behavior intervention services to children with developmental disabilities and their families. She has since found that the evidence-driven principles of behavior analysis and the skills she acquired as a behavior analyst serve as assets to her role as a neutral factfinder.

Prior to graduating from law school, Roxanne worked as a legal assistant or law intern for various government agencies and nonprofit organizations, including the New York State Attorney General’s Office, Manhattan District Attorney’s Office, MFY Legal Services (now Mobilization for Justice), Legal Aid Society’s Juvenile Rights Division and the New York City Law Department.

As a New York-licensed attorney, Roxanne represented parents of children with disabilities in special education cases. When she moved to California, she gained litigation experience working as an immigration attorney representing refugees at asylum hearings. Most recently, she worked for a large California education law firm, which provides various legal services to school districts and public agencies. Roxanne’s work at the firm focused on special education cases, Title IX investigations and workplace discrimination and harassment investigations. #17..
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13 Scope of Services for Personnel InvesEgaEons
Amy Oppenheimer is typically the primary contact and acknowledges receipt of an assignment within 24 hours. At this point, Amy will request a brief verbal description of the complaint; names and contact information for the primary parties, witnesses, and supervisors; and copies of all written documentation, policies, complaint and response letters, emails, etc. that are relevant to the allegations of the complaint. Upon immediate review of preliminary material, Amy will inform our client contact if there are any conflicts of interest and, if not, will assign the case to either herself or a member of her team. Amy will then pass along that information to our client contact.

At this point, the scope of the investigation required should be determined. Scheduling will begin within 48 hours of completion of review for conflicts, a determination of the scope, and the provision of foundational documents. We will work through our client contact and/or the Human Resources Director or Departmental Representative to locate suitable interview sites, obtain relevant documents, and arrange for interviews. Clients are responsible for notifying parties and witnesses about the investigative interviews.

After gathering factual background information, investigations almost always begin with an interview of the complaining party, in order to assure that the scope and the complaint are aligned. If there is a difference between the anticipated scope and the information provided by the complainant(s), we will go back to our client contact to further determine the appropriate scope.

It is then customary to interview the respondent(s) and other witnesses. The order of interviews depends upon the facts of the investigation and the availability of the parties. Interviews of significant parties and witnesses will be conducted in person whenever possible; however, less significant witnesses may be interviewed virtually or over the phone. Respondents are informed of the allegations made and provided an opportunity to respond to each allegation. Parties and witnesses are asked to provide relevant documents, which are reviewed and included in the investigative report when determined to be germane. At times, follow-up interviews are necessary. If they are brief, they may be done virtually or by telephone.

The investigator will begin each interview by explaining his or her role as a fact finder, client confidentiality expectations, the prohibition against retaliation, the requirement for truthfulness, and the duty to cooperate. Interviews will be conducted at a location comfortable for each witness, usually an office or conference room in the client’s workplace. Interviews may be recorded upon request. In such cases, we provide clients with the interview recordings.

We endeavor to complete the interviews process as soon as is practical and continue to gather documents until the evidence gathering phase is complete. Depending upon the complexity of the matter and witness availability, this can take anywhere from one to six weeks. We will usually have a draft report to our client no more than two weeks following the last interview or receipt of a critical document and are usually able to provide a final report within 48 hours of our client’s response to the draft. We will work on each investigation diligently and without delay, and should any issue arise that hinders the expeditious handling of the matter, we will contact our client representative. #17..
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14 Like all Americans, we have also adjusted the way we work to maintain compliance with local and state orders to slow the spread of COVID-19. We have been able to continue the quality and effectiveness of our investigations during this time by conducting investigative interviews via online videoconference using secured platforms that maintain confidentiality. We confirm ahead of time that each witness has sufficient online connectivity and is comfortable logging onto the online platform.

Time spent with our client’s staff is dependent on the size and complexity of the investigation. Matters involving complex issues or a large number of witnesses will require more time to be spent interviewing relevant parties. We will also provide our client contact(s) with monthly invoices, and keep them updated on the status of the investigation as it progresses. #17..
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15 Rates
A0orney Public Sector &
Non-Profit Rates
Amy Oppenheimer, Managing Partner $525/hour
Tina Ro-Connolly, Partner
Vida Thomas, Partner
Tracey Merwise, Senior ACorney
$445/hour
Supervision/SubstanGve Edit $445/hour
Zaneta Seidel, Partner
Alezah Trigueros, Partner
Danielle Drossel, ACorney
Ilona Turner, Of Counsel
Sandy Fu, Of Counsel
Renee Jansen, Of Counsel
$385/hour
Madeline Buitelaar, ACorney
Gorev Ahuja, ACorney
Julia Olivier, ACorney
Ashlyn Clark, ACorney
Alice Donahue, ACorney
Alfredo Diaz, ACorney
Maria Walker, ACorney
$315/hour
Roxanne Hill, ACorney $240/hour
Writers/Editors
GarreC Smith, ACorney
JusGna Yassa, Post-Bar Clerk
$195/hour
Interns $125/hour
Other Proposed Costs & Expenses
Travel pme (if applicable) is billed at the hourly rate of the lead invespgator.

Copying/printing documents will be billed at $0.35/page.

Other costs (e.g. transcription fees) will be charged at cost. #17..
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16 References

1. Heather Irwin
Partner
Gordon Rees Scully Mansukhani, LLP
275 Battery Street
Suite 2000
San Francisco, CA 94111
T: 415-875-4233
E: [email protected]
Project Description: Workplace Investigation
Cost: $24,746.00
Dates of Engagement: 3/11/2019 to 5/23/2019
Firm Responsibility: 100%
Our firm adhered to the schedule and budget for this project.

2. Heather Coffman
Associate
Liebert Cassidy Whitmore
135 Main Street
San Francisco, CA 94105
T: 415-512-3013
E: [email protected]
Project Description: Workplace Investigation
Cost: $6,544.50
Dates of Engagement: 6/10/2019 to 8/26/2019
Firm Responsibility: 100%
Our firm adhered to the schedule and budget for this project.

3. Louis T. Lozano
Partner
Lozano Smith
4 Lower Ragsdale Dr., Suite 200
Monterey, CA 93940-5728
T: 831-646-1501
E: [email protected]
Project Description: Workplace Investigation
Cost: $12,893.00
Dates of Engagement: 7/30/2019 to 9/6/2019
Firm Responsibility: 100%
Our firm adhered to the schedule and budget for this project. #17..
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17 Other Services
Trainings
Our office provides an array of training relevant to employment, human resources, conflict resolution, and bias including anti-harassment training, investigator training, conflict resolution/mediation training, implicit bias training and diversity training.

The pricing assumes the trainings are done remotely due to COVID-19. If they are done in person, there are additional costs for travel time of $1,000 per on site visit. Trainings are customized for the group to be trained however significant customization is an additional fee. Costs are listed assuming the length of time set forth here however, session lengths can be adjusted which would impact the pricing.

AB1825 Training:

Harassment and bullying are a serious and ongoing problem in many workplaces and can often lead to legal issues for both the employer and the employee. Education and training are two ways we can help reduce the prevalence of workplace harassment. This training will help attendees recognize and understand what harassment is, what they can do to prevent it, and how to handle it if it happens. This training meets the requirements for mandatory training for supervisors, managers, and employees under Cal. Gov. Code §12950.1. Virtual interactive training with live trainers (via Zoom) is available utilizing one or two trainers.

For employees (1 hour): $1,200 for one trainer or $1,600 for two trainers; For supervisors/managers (two hours): $1,800 for one trainer or $2,500 for two trainers; For high level executives (small group roundtable discussions): $1,200/hour for one trainer or $1,600/hour for two trainers.

Bias Training (qualifies for California MCLE bias credit):

As humans we all have biases, some that are within our conscious awareness and some of which we are unaware. This training will help attendees recognize different types of biases and how they impact decision-making. This training will also help attendees to reduce biases and their impact on the workplace. Microaggressions and cultural competency are also covered.

The Implicit Bias training is a 90-minute session for $1,500.

Transgender Inclusivity:

Transgender people are increasingly visible in society and in the workplace, and this is a subject that is new for many people. This presentation will cover best practices for ensuring workplaces are inclusive for transgender employees. It includes definitions, respectful terminology, access issues under California law, and how to be an ally to transgender people.
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18 This training is one hour and is $1,000 per session.

Conflict Resolu<on and Communica<on Training:

We spend much of our lives at work and it’s important to have positive and healthy relationships with the people we work with. Sometimes that can be difficult because we come from different backgrounds, cultures, lived experiences and have different communication styles, which can lead to conflict at times.

These trainings discuss common challenges that come up in workplace relationships, ways of communicating about difficult issues and provide practice and practical tips in effective ways of resolving those problems.

These trainings are two hours and are done by two trainers for a cost of $2,800.

Inves<ga<on Training:

Investigations are us. Last year we performed over 100 of them and trained hundreds of EEO investigators at organizations throughout California. We can provide a one-day overview of the law and practice of investigations, a two-day training that also includes taking small groups through a mock investigation and a three-day training that provides a day on report writing. We will tailor this to our client’s needs. These programs are delivered by two trainers and are highly interactive.

One day overview – lecture and demonstration – delivered by two trainers: $10,000 Two day – includes full day interactive practicum focusing on interviewing skills and case analysis:
$20,000
Three days – includes the above plus full day interactive practicum focusing on report writing skills and case analysis: $28,000
One-on-One Training/Counseling:

Sometimes behavior is so serious that it leads to a significant disciplinary action including termination.

Other times high level executives violate boundaries and with work can modify their behavior to come in line with appropriate workplace expectations. We specialize in understanding that line and teaching others to recognize it and adhere to it.

Amy Oppenheimer: $525/hour
Vida Thomas: $475/hour
Other Customized Training
We can develop customized trainings based on the needs of our client. Pricing for these trainings vary and will be discussed if requested by the client.
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19 MediaEon, ConciliaEon, Informal Dispute ResoluEon and Coaching Many of the attorneys at Oppenheimer Investigations Group are experienced mediators, specializing in helping to resolve workplace conflict. Several of them have specific expertise in working with diverse work groups to address conflict.

These services are provided on an as-needed basis. If a client has a need for such services they will contact our office and either Managing Partner Amy Oppenheimer or another partner will, together with our client, determine the specific needs and time frame. This discussion will take place within two days of our client contacting our office. Within two days of the discussion, a lead mediator, conciliator or coach will be assigned to the case. The assignment will be decided based on experience level, availability and other needs of the project. Specific requests by clients will be honored whenever feasible.

Rates for Services:

Pricing offered on a time-and-materials basis would be based on the provider’s hourly billable rates:

Amy Oppenheimer – $525/hour
Vida Thomas – $445/hour
Zaneta Seidel & Ilona Turner – $385/hour
Travel time will be billed at the usual hourly rate of the individual providing the service. #17..
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Exhibit 1
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
1 PROFESSIONAL EXPERIENCE
Managing Partner, Oppenheimer Investigations Group LLP (formerly Sole Proprietor, Law Offices of Amy Oppenheimer) (1996-present): Law firm specializing in impartial workplace and school investigations, as well as trainings, executive coaching, Title IX complaints, mediation services, and providing expert witness testimony regarding prevention of and response to workplace complaints.

Co-Director, Sexual Harassment and Violence Working Group, Berkeley Comparative Equality AntiDiscrimination Law Study Group (2018-present): More than 600 academics, advocates, and activists from six continents working together to address the problem of discrimination and inequality.

Founder and Past President of the Board, California Association of Workplace Investigators (now Association of Workplace Investigators) (2009-2012) Board member, 2009-2016.

Member, California Department of Fair Employment and Housing Statewide Task Force on the Prevention of Sexual Harassment in the Workplace (2016-present): . Task force studied the problem of sexual harassment, the effects of 10 years of harassment prevention training in the state, and best practices to prevent harassment.

Administrative Law Judge (retired), California Unemployment Insurance Appeals Board (1992-2011): Held hearings and rendered decisions in unemployment, state disability and state tax matters.

Executive Committee Member, Labor and Employment Section of the State Bar of California (2008-2019):

Member of the advisory committee; advisor to executive committee (2011-2019), Chair (2015-2016).

Committee Member, ASIS International Standard on Investigations (Inv.1-2015), approved July 28, 2015.

Arbitrator: American Arbitration Association (1989-2004), The International Commission on Holocaust Era Insurance Claims Tribunal (2003-2006).

Mediator: Berkeley Dispute Resolution Services (1989-2003), American Arb. Assn. (1996-2004), Alameda County Bar Association (1996-1999); Equal Employment Opportunity Commission (2001-2006), United States Postal Service REDRESS program (1998-2003).

Board President and Member of the Board, Berkeley Dispute Resolution Services (1992-1995).

Senior Consultant, Anderson-Davis, Inc. (1992-1996): Provided training to businesses on how to recognize, prevent and investigate sexual harassment.

Partner, Levy & Oppenheimer (1984 – 1992): Law practice that specialized in litigating sexual harassment and employment discrimination.

Judge Pro Tem, Alameda County Municipal Courts (1989-1992).

EEO Investigator, Delany, Siegel, Zorn & Associates (1986-1990): Investigated complaints of employment discrimination within the federal government.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
2 Staff Attorney, Legal Services of Northern Virginia Inc. (1982-1984): Represented indigent residents in family law, consumer law, and landlord tenant.

Reginald Heber Smith Fellow (REGGIE), Christiansburg, Virginia (1980-1981). Represented indigent residents who were victims of family violence.

EDUCATION
Juris Doctor, 1980, University of California, Davis.

B.A., 1975, University of California, Berkeley, with Great Distinction; Phi Beta Kappa.

MEMBER
California Bar (active); Virginia and District of Columbia Bar (inactive).

CERTIFICATES
Title IX Investigator
T9 Mastered, February 2016 and ATIXA (Association of Title IX Administrators): (2015- 2017).

Association of Workplace Investigations, Workplace Investigations Institute (AWI-CH).

PUBLICATIONS
“The Pros and Cons of Handling Harassment Accusations in the Media,” co-written with Tina Ro-Connolly, National Law Journal, July 1, 2021.
“The Global #MeToo Movement,” The Full Court Press, contributor, 2020 “Investigating Employee Complaints: Managing Expectations,” co-written with Tina Ro-Connolly, Corporate Compliance Insights, November 2, 2020.
“The Meaning of ‘Due Process’ in Harassment Investigations,” California Labor & Employment Law Review, Vol. 33, No. 6, November 2019.
“Workplace Harassment Investigations Worldwide,” AWI Journal, Vol 10, No. 3, September 2019. “Guidelines for Responding to Sexual Harassment in the Workplace: An Update,” California Labor & Employment Law Review, Vol. 32, No. 2, March 2018.
“How Arbitrators and Advocates Can Understand and Avoid Unconscious Bias and Stereotyping,” Arbitration 2015.
“Privacy, Transparency, Legitimacy, Proceedings of the Sixty-Eight Annual Meeting,” National Academy of Arbitrations, BNA 2016.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
3 “Unconscious Biases: What We Don’t Know Can Hurt Us – and Others,” California Labor & Employment Law Review, Vol. 29, No. 6, November 2015.
“Understanding and Eliminating Bias in Investigations,” CAOWI Quarterly, Vol. 2, Nos. 1 and 2, 2011. “Investigating Workplace Harassment and Discrimination, Employee Relations Law Journal,” Vol.. 29, No. 4, Spring 2004.
“The Do’s and Don’ts of Investigating Workplace Harassment, PIHRA Scope, Professionals in Human Resources Association, February 2004.
“Experts May Testify on Harassment Policies and Procedures of Employer,” San Francisco Daily Journal, December 11, 2003.
“Using Liability Experts in Sexual Harassment Cases,” Sexual Harassment Litigation Reporter, Vol. 9, Issue 10, October 2003.
“Making the Best Use of Liability Experts in Discrimination and Harassment Litigation,” Employment Litigation Reporter, Vol. 18, Issue 5, October 2003.
“Investigating Workplace Harassment: Ten Steps to Success,” You and the Law Newsletter, October 2002. “Investigating Workplace Harassment: How to Be Fair, Thorough, and Legal,” co-written with Craig Pratt, Society of Human Resource Management, 2002.
"The Aftermath of Faragher and Ellerth - The Impact on Pre-trial Discovery and the Use of Liability Experts in Sexual Harassment Cases," Conference materials NELA Convention, June 2000. "Employment Discrimination and Harassment," Chapter 40B of California Torts, Levy, edited by Golden & Sacks, published by Matthew Bender & Co., September 1999. "Liability Lesson: The Use of an Employment expert In Sexual Harassment Cases can help Jurors Understand the Reasonableness of Investigatory Processes," Los Angeles Daily Journal and San Francisco Daily Journal, May 1999.

Contributed to “Investigating Sexual Harassment: A Practical Guide to Resolving Complaints,” published by Thompson Publishing Group, Washington D.C., 1998.
“She Said, They Said – To protect themselves from liability for sexual harassment, employers should examine the numerous legal guidelines,” California Law Business, Supplement to the Los Angeles Daily Journal and San Francisco Daily Journal, March 1998.
“Ounce of Prevention – An employer’s sexual harassment policies and practices are more important than ever. Good policies, particularly those involving internal investigations, can avert problems and lawsuits,” San Francisco Daily Journal, Employment Law Update, April 1998. “Working it Out: Using Mediation to Resolve Harassment Complaints,” San Francisco Daily Journal, August 1995.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
4 Contributing author to “Intent vs. Impact: How to Effectively Manage Sexual Harassment Investigations,” published by Bureau of National Affairs Communications, 1992.

Contributed as an expert to “Sexual Harassment in the Workplace; an interactive training and testing CDROM,” Media Code, 1994.

PUBLIC SPEAKING AND TRAINING (partial list)
“Navigating the New Title IX Hearing and Achieving Due Process,” Sexual Harassment in Education Conference, January 2021.
“Investigations in the Wake of a Pandemic,” Orange County Bar Association 2020 Labor & Employment Law Symposium, panelist, September 2020.
“Navigating Bias, Cultural Competence and Microaggressions,” AWI webinar, panelist, July 2020. “Does Restorative Justice Have a Role in Addressing Sexual Harassment?” Berkeley Center on Comparative Equality & Anti-Discrimination Law, conference on Global Resistance to Sexual Harassment/Violence, June 2020.
“Sexual Harassment Prevention Training,” Bar Association of San Francisco, webinar, May 2020. “Conducting Remote Investigations – Say What Now?” with Tina Ro-Connolly, CalGovHR virtual townhall meeting, April 2020.
“Workplace Investigations,” “Developments in Sexual Harassment Law,” Berkeley Center on Comparative Equality & Anti-Discrimination Law, moderator, February 2020. “Workplace Investigations: How the Department of Fair Employment and Housing Wants It Done,” California Lawyers Association, annual meeting, October 2019.
“Conducting a Workplace Investigation: What Lawyers Need to Know,” American Law Institute, webinar, August 2019.

AWI Training Institute, faculty, 2012-present.
“Supporting Transgender Employees – Legal Update and Practical Guidance for Creating Inclusive Workplaces,” California Lawyers Association, annual meeting of the CA Tax Bar and the CA Tax Policy Conference, moderator, July 2019.
“Comparing Workplace Harassment Investigation in the U.S., Canada, Australia, Ireland and New Zealand,” Berkeley Comparative Equality and Anti-Discrimination Law Study Group annual conference, June 2019. “The Worldwide #MeToo Movement: Global Resistance to Sexual Harassment,” Berkeley Comparative Equality and Anti-Discrimination Law Study Group annual conference, June 2019. #17..
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
5 “Unconscious Bias and the Legal Profession,” training provided by the Law Offices of Amy Oppenheimer, May 2019.
“Preventing and Responding to Workplace Harassment (AB1825),” training provided by the Law Offices of Amy Oppenheimer, May 2019.
“Gender in the Workplace: How Implicit Bias Impacts Women’s Advancement and How to Counteract It,” American Law Institute, webinar, May 2019.
“Due Process: What Process Is Due to Complainants and Respondents?” Worldwide #MeToo Conference, moderator, May 2019.
“Workplace Investigations: A Global Comparison,” Worldwide #MeToo Conference, May 2019. “Unconscious Bias and the Legal Profession,” Northern California Bankruptcy Conference, March 2019. “Unconscious Bias and the Legal Profession,” California Lawyers Association Intellectual Property Law Section’s 43rd Annual IP Institute, November 2018.
“Sexual Harassment: A March Through the Decades – From the 1950’s to Now,” AWI annual conference, October 2018.
“Sexual Harassment Law After #MeToo,” California Lawyers Association annual meeting, September 2018. “Workplace Investigations in the Age of #MeToo,” Continuing Legal Education, Bar Association of San Francisco, August 2018.
“The Aftermath of #MeToo in the Workplace,” with Chaya Mandelbaum, Commonwealth Club of San Francisco, August 2018.
“Impact of #MeToo and #TimesUp on Policies and Investigations,” Continuing Legal Education International, Workplace Investigations, keynote speaker, April 2018.
“Breaking Barriers: Building Diversity in the Tech Industry,” California Lawyers Association, Labor & Employment annual meeting and annual Public Sector Conference, moderator, April 2018. “Workplace Investigations,” “Employment Law 101 – Fundamental for the New Employment Law Lawyer,” California Lawyers Association, Labor and Employment Law Section, March 2018. “Understanding and Eliminating Unconscious Bias in the Legal Profession,” University of the Pacific, McGeorge School of Law Annual MCLE Program, January 2018. “Tough, Tougher, Toughest: Navigating Difficult Situations in Interviews,” CALPELRA annual training conference, December 2017.
“Internal Investigations of Employee Complaints and Misconduct: Avoiding Costly Missteps,” Strafford Publication webinar, December 2017.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
6 “The DFEH New Workplace Harassment Guide and Other Sources of Guidance for Investigators,” with Kevin Kish, AWI annual conference, October 2017.
“DFEH’s Workplace Harassment Guide,” State Bar of California, Labor & Employment Section, webinar, September 2017.
“Courtroom Bias,” Annual Scientific Association of Forensic Examiners conference, August 2017. “Using Expert Witnesses to Win Employment Cases,” State Bar of California, August 2017. “DFEH’s Workplace Harassment Guide,” State Bar of California, Labor & Employment Section’s annual conference, July 2017.
“Interviewing: The Good, the Bad and the Ugly – New Approaches for New Challenges,” AWI annual conference, November 2016.
“Managing Unconscious Bias,” ABTL Leadership Development Committee program, October 2016. “Across the Divide: Building Cultural Competency & Combatting Bias,” State Bar of California 89th Annual Meeting, September 2016.
“How to Win Harassment, Discrimination & Punitive Damage Claims Without an HR Expert,” National Employment Lawyers Association 16th annual conference, June 2016. “From Promise to Practice: New Perspectives on Diversity,” Labor & Employment Section of the State Bar of California Public Sector Conference, April 2016.
“Workplace Investigations That Hold Up in Court,” Northern California Human Resources Association HR West Conference, March 2016.
“Avoiding Costly Missteps in Internal Workplace Investigations: Guidance for Employers from Recent Court Decisions,” webinar presented by Strafford, December 2015. “Across the Divide, Cultural Competency and Interviewing People Different From Ourselves,” AWI annual conference, November 2015.
“Workplace Investigations Basics,” Association of Workplace Investigators, April 2015, May 2015, June 2016, April 2017.
“How Arbitrators and Advocates Can Understand and Avoid Unconscious Bias & Stereotyping,” National Academy of Arbitrators annual meeting, May 2015.
“Ethical Issues for Attorneys Conducting Workplace Investigations in the Public Sector,” California State Bar Labor & Employment Section Public Sector Conference, April 2015. “Nuts & Bolts of an Employment Practice for New Employment Lawyers,” State Bar of California, Labor and Employment Law Section, January 16 and January 30, 2015. #17..
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
7 “Interviewing, The First Ninety Seconds and Beyond,” AWI annual conference, November 14, 2014; CALPELRA annual conference, November 2014.
“Investigating Complaints of Retaliation – Tips for Minimizing Claims and Litigation,” California Association of Joint Powers Authorities, November 2014.
“Attacking and Defending the Workplace Investigation During Litigation,” State Bar of California 87th Annual Meeting, September 2014.
“Recognizing and Eliminating Unconscious Biases in Employment Law,” State Bar of California 87th Annual Meeting, September 2014.
“Workplace Investigations: The Good, The Bad & The Ugly,” State Bar of California 87th Annual Meeting, September 2014.
“Using Liability Experts in Employment Discrimination Cases,” California Young Lawyers and the State Bar of California Labor & Employment Section, webinar, May 8, 2014; LexVid webinar, September 2014. “Hot Issues in Workplace Investigations: A plaintiff, Defense and Investigator’s Perspective,” State Bar of California Labor and Employment Law Section’s annual conference, moderator, April 2014. “The Law & Practice of Workplace Investigations,” California Young Lawyers and the Labor & Employment Section of the California State Bar, webinar, April 2014; LexVid webinar, September 2014. “Workplace Investigations Basics,” AWI, April 2014.
“Understanding and Eliminating Implicit Bias in the Legal Profession,” Pupilage Group Inn of Court Presentation, March 2014.
“Nuts & Bolts of an Employment Practice for New Employment Lawyers,” State Bar of California, Labor and Employment Law Section, January 17 and 24, 2014.
“Understanding and Eliminating Unconscious Bias in the Legal Profession,” LexVid webinar, December 2013. “Understanding Unconscious Bases: What They Are, How They Impact Our Decisions, and How to Eliminate Them in the HR And Legal Professions,” CALPELRA annual conference, November 2013. “Investigator as Deponent – How to Nail Your Deposition Testimony,” AWI annual conference, October 2013. “Ground Zero in Workplace Investigations: Advanced Interview Techniques,” ACHRO/EEO Fall 2013 Institute, October 2013.
“The Science of Unconscious Biases and Its Impact on EEOC Investigations & Determinations,” EEOC EXCEL Training Conference, August 2013.
“Is the Neutral Really Neutral? How Unconscious Biases Impact Mediators and Mediations Without Anyone Realizing It,” EEOC 2013 Conference, Advanced Mediation Track, August 2013. #17..
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
8 “Eliminating Bias in Workplace Investigations," i-Sight webinar, July 2013. “Equal Employment Opportunity Commission,” Monterey TAPS, speech, June 2013. “Workplace Investigations Basics,” AWI, Los Angeles, April 2013. “How to Spot a Liar AND How Not To: The Scoop on Making Credibility Determinations,” NCHRA annual conference - HR West, April 2013.
“The Standard of Care for a Workplace Investigation,” The Labor & Employment Law Section of The State Bar of California, April 2013.
“Understanding Unconscious Bases: What They Are, How They Impact Our Decisions, And How To Eliminate Them in The HR And Legal Professions,” CALPELRA annual conference, December 2012. “Core Faculty,” AWI Training Institute, San Diego, June 2012; Santa Barbara, February 2013; Oxnard, February 2014.
“Nuts & Bolts of an Employment Practice for New Employment Lawyers,” State Bar of California, Labor and Employment Law Section, moderator, June 2012.
“The ‘Good Enough’ Investigation: How to Meet Standards While Controlling Costs,” AWI webinar, May 2012. “What Are Unconscious Biases and Why Should HR Professionals Care?” NCHRA annual conference (HR West), April 2012.
“Workplace Investigation Basics,” AWI, Los Angeles, March 2012. “He Said, She Said: Making Credibility Determinations in Investigations,” Sexual Harassment Advisors spring luncheon, Stanford University, February 2012.
“Use of Liability Experts in Harassment Litigation,” The State Bar of California 29th Labor and Employment Law Section Annual Meeting, October 2011.
“Workplace Investigations on Trial: Can an Investigation Make or Break Your Case?” The State Bar of California 84th Annual Meeting, September 2011.
“Mock Investigation,” One-day training for California Association of Workplace Investigators, Los Angeles, Oakland and Sacramento, July 2011.
“Third Rail Issues (EEOC Conflicts No One Wants to Touch),” EEOC TAPS seminar, June 2011. “Understanding and Eliminating Bias in Investigations,” Sexual Harassment Advisors Spring Luncheon, Stanford University, May 2011.
“Conducting Workplace Investigations,” Two-day training, Northern California Human Resources Association, March 2011, 2012, 2013 and 2014.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
9 “What are Cognitive Biases? And How do They Impact Our Work as Employment Attorneys, Mediators, Investigators & Decision Makers? And How do we Eliminate Bias in the Legal Profession?” State Bar of California, Labor and Employment Section, webinar, February 2011. “The Basics of Investigating Workplace Complaints of Harassment, Discrimination and Retaliation,” Labor and Employment Section of the State Bar of California, January 2011. “Litigating a Disability Discrimination Case – From Intake to Trial,” State Bar Of California 28th Labor and Employment Law Section annual meeting, October 2010.
“The Psychology of Bias: Understanding and Eliminating Bias in Investigations,” CAOWI conference, November 2010.
“Hot Topics in Employment Investigations,” California State Bar Annual Conference, September 2010. “Mastering the Art of Employment Investigations,” State Bar of California and California Association of Workplace Investigators, Los Angeles, and the Labor and Employment Section of the Bar Association of San Francisco, June 2010.
“Advanced Investigation Skills: Practice Makes Perfect,” HR West 2010, Northern California Human Resource Association, April 2010.
“Avoiding Common Mistakes in Workplace Investigations,” Bar Association of San Francisco, 2009. “How to Conduct Employment Investigations,” California State Bar 2009 Labor and Employment Annual Meeting, preconference training program.
“Trial Demonstrations: Direct and Cross of Expert Witnesses,” California State Bar Labor and Employment Annual Meeting, 2009.
“Adding Insult to Injury – Understanding the Exposure of Workplace Bullying,” PLUS Professional Risk Symposium: EPL, E&O and Fiduciary, 2009.
“Best Practices – For Neutral Investigations of Employment Complaints,” State Bar 2009 Section Education Institute.
“Representing Employees and Employers in Unemployment Hearings,” State Bar Labor and Employment Law Section, 2009.
“Hidden Bias: The Implications for Employment Discrimination Litigation,” Labor and Employment Annual Meeting, 2008.
“Bringing and Defending Against Attorneys’ Fees Motions,” Labor and Employment annual meeting, 2008. “Harassment Investigation Critique,” EEOC Annual Technical Assistance Seminar, San Francisco, 2007; Santa Clara, 2006 and 2008; Oakland, 2009.
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Amy Oppenheimer
1442 A Walnut Street, #234
Berkeley, CA 94709
(510) 393-4212
[email protected]
10 “Conducting Workplace Investigations: Practical Skills for Internal Investigators,” annual two-day training program for HR professionals, sponsored by the Northern California Human Resource Association, 2003- 2010.
“Conducting Workplace Investigations: Practical Skills for Internal Investigators,” Northern California Human Resource Association, 2003-2004, 2006.
“He Said/She Said: Making Credibility Determinations in Harassment Investigations,” NCHRA annual conference, September 2003.
“The How To’s of Investigating Workplace Harassment,” 46th annual PIHRA Conference & Exhibition, September 2003.
“Did He Say What She Said He Said, Or Not? How Does an Investigator Decide?” Society of Human Resource Management annual conference, June 2002.
“The Aftermath of Faragher and Ellerth: Litigating Hostile Work Environment Cases,” National Employment Lawyers Association 11th annual convention, June 2000.
“Employment Litigation: Investigations and Human Resource Experts,” presentation to the Barristers Club of San Francisco Labor & Employment Section, February 2000. “Investigating Harassment: An Interactive Training,” Sonoma Developmental Center, September 1999. “Mediating EEO Complaints,” 40-hour training provided for City of San Francisco, August 1999. “Sexual Harassment: The Role of the Investigator and the Role of the Mediator,” Society for Professionals in Dispute Resolution, 1998.
“Same-Sex Harassment in the Workplace After Oncale,” Association on Employment Practices and Principles, panelist, 1998.
“Investigating Complaints of Sexual Harassment and Discrimination,” Alameda County Bar Association, 1998. “Resolving Sexual Harassment Complaints,” Society for Professionals in Dispute Resolution, 1997. “Sexual Orientation Discrimination in the Legal Community,” American Bar Association Annual Conference, 1997.

Administrative Law Judges Association Annual Forum, panelist, 1993-1995, 1997, 2001, 2003. #17..
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VIDA L. THOMAS
1811 10th Avenue, Sacramento, California 95818
(916) 612-8432 [email protected]
LEGAL EMPLOYMENT Law Offices of Amy Oppenheimer ♦ Berkeley, CA January 2020 – Present
Partner
Conduct independent workplace investigation for public and private employers.

Supervise attorney investigators. Conduct employee training regarding harassment, discrimination and retaliation prevention, diversity and inclusion, and how to conduct workplace investigations. Served as legal counsel to public agency discipline appeal boards during employee discipline appeal hearings. Served as hearing officer in public agency discipline appeal hearings.

Stoel Rives, LLP ♦ Sacramento, CA
March 2018 – January 2020
Of Counsel and Head of California Employment Unit
Conducted outside workplace investigations for public and private employers.

Conducted Title IX and Title 5 investigations for public and private colleges and universities, community colleges, and K-12 school districts. As the head of the firm’s California employment practice unit, provided employment advice and counseling for private sector employers concerning compliance with federal and California employment and wage and hour laws. Conducted employee training on topics including sexual harassment, discrimination and retaliation prevention, how to conduct workplace investigations, and diversity and inclusion. Served as legal counsel to public agency discipline appeal boards during employee discipline appeal hearings. Served as hearing officer in public agency discipline appeal hearings.

Weintraub Tobin Chediak Coleman Grodin ♦ Sacramento, CA November 2014 – February 2018
Of Counsel and Head of Investigations Unit
Conducted workplace investigations for public and private employers. Provided employment advice and counseling for private sector employers concerning compliance with federal and state employment and wage and hour laws.

Carlsen Thomas, LLP w Sacramento, CA
January 2000 – April 2013
Co-owner of a boutique employment law firm providing employment advice, independent work place investigations and employee training.
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Kronick, Moskovitz, Tiedemann & Girard w Sacramento, CA June 1993 – December 1999
Associate and Senior Associate
Worked in the Employment and Labor Litigation section handling all phases of litigation in discrimination, harassment, retaliation and wrongful termination lawsuits filed against public and private employers in state and federal courts, conducting workplace investigations, and employee training.

PRIOR NON-LEGAL Sacramento First National Bank w Sacramento, CA EMLOYMENT Construction Loan Processor w September 1987 – March 1991 Maintained portfolio of residential loans from loan origination to completion of construction.

The Golden 1 Credit Union w Sacramento, CA
Mortgage Loan Processor w September 1986 – September 1987 Handled home loans from application through submission to escrow.

EDUCATION University of the Pacific, McGeorge School of Law Juris Doctor, 1993
California State University, Sacramento
B.S. Degree in Business Administration, 1990

PROFESSIONAL &

COMMUNITY
ACTIVITIES ♦Pacific McGeorge School of Law Diversity & Inclusion Advisory Committee, 2019 to Present
♦San Joaquin SHRM, Board Member, 2015 to Present
♦Association of Workplace Investigators Teaching Faculty, 2016 to Present ♦ AWI Board Member, 2011-2012
♦ AWI Best Practices Committee Chair, 2011-2012
♦ Sacramento Employer Advisory Council, Board Chair, 2007-2008 ♦ Pacific McGeorge School of Law Alumni Board Member, 2006-2008 ♦ Wiley Manual Bar Association of Sacramento, Treasurer, 2007 ♦ Anthony M. Kennedy Inn of Court, Associate Member, 2000 and 2001 ♦ Sacramento County Bar Association Minority Hiring and Retention Committee, Chair - 1998/99, Co-Chair – 1999/2000
♦ California State Bar Ethnic Minority Relations Committee, 1997/1998 ♦ Chemical Dependency Center for Women, Board Chair, 1999 and 2000 TRAININGS ● Diversity & Inclusion Training for Diamond Pet Foods – September 2019 ● Two-Day Workshop on Advanced Workplace Investigation Technique, for the County of San Luis Obispo – July 2018
• One-Day Workshop on Advanced Workplace Investigation Techniques, for California Employment Development Department – March 2018 • One-Day Workshop on Conducting Effective Workplace Investigations, for California Employment Development Department – January 2016 • One-Day Workshop on Conducting Effective Workplace Investigations, for various Weintraub Tobin Clients – March 3, 2016
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• Two-Day Workshop on Conducting Effective Workplace Investigations, for the Santa Clara Valley Transit Agency – July 23-24, 2015
• One-Day Workshop on Conducting Effective Workplace Investigations, for the California Employment Development Department – January 2015 • One-Day Workshop: Mastering the Art of Employment Investigations, for the Labor and Employment Section of the Bar Association of San Francisco and the California Association of Workplace Investigators – June 1 and 3, 2010 • Half-Day Pre-Conference Training Program: How to Conduct Employment Investigations, for the State Bar of California Labor and mployment Law Section Annual Meeting – October 22, 2009

SPEAKING
ENGAGEMENTS ● “Dynamex and AB 5: What Do They Mean for the Arts?” for the Capitol Film Arts Alliance – January 21, 2020
● “Why I Learned to Love AB 5” for the Sacramento County Bar Association Board & Leadership Retreat – January 11, 2020
● “The Calm After the Storm? Post-Investigation Issues” for the San Joaquin SHRM Annual Conference – January 8, 2020
● “Do Generous Leave Policies Contribute to Pay Disparities?” for Northstate SHRM Annual Conference – October 9, 2019
● “Dynamex and AB 5: What Do They Mean for the Arts?” for the California Arts Coalition – December 2019
● “Removing Inherent Bias from Employment Decisions” for San Joaquin SHRM – August 14, 2019
● “Independent Contractor Status and the Arts” for California Lawyers for the Arts – June 2019
● “Do Generous Leave Policies Contribute to Pay Disparities?” for Central California SHRM Annual Conference – March 12, 2019
● “Managing the Underperformer: Discipline and Termination” February 28, 2019
●“Supervisors: Train Them or . . . They’ll Cost You” for the Northstate SHRM Annual Conference – October 2018
● “Supervisors: Train Them or . . . They’ll Cost You” for the CalSHRM Legislative Conference – April 2018
● “Workplace Investigations Basics” with Terri Abad Levenfeld, for the Association of Workplace Investigators – April 11, 2018 ● “Beyond the Basics: Advanced Workplace Investigations Techniques” for Central California SHRM Annual Conference – March 8, 2018 ● “Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted”, for NBI, Inc. – January 2018
● “Tough, Tougher, Toughest: Navigating Difficult Situations in Interviews” with Amy Oppenheimer and Alezah Trigueros, CALPELRA Annual Conference – April 2017
● “The Immigration Landscape for the California Employer” for the San Joaquin SHRM – February 22, 2017
● “Behind the Doors of the HR Office,” for the Greater Stockton Employer Advisor Council – September 18, 2015
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● “Improve Your Workplace Investigations” for Women in Winesense – September 16, 2015
● “Conducting Better Workplace Investigations” for the Central Valley SHRM – August 19, 2015
● “It Was Colonel Mustard in the Library: Workplace Investigations” for CalSHRM Annual Conference – June 19, 2015
● “The Basics of Investigating Workplace Complaints of Harassment, Discrimination and Retaliation” for the California State Bar Cyber Institute – January 6, 2011 ● “How to Conduct an Effective Workplace Investigation” for the California Employers Association – August 11, 2010
● “Workplace Investigations: How to Make Them Legal and Fair” for the Sacramento Employer Advisory Council - March 3, 2009
● “Workplace Investigations: How to Make Them Legal and Fair” for the California Association of Equal Rights Professionals’ Annual Conference – June 6, 2008
● “Sending the Right Message: Investigating Workplace Discrimination and Harassment” for the Pacific McGeorge School of Law Alumni Association MCLE Program – January 12 and 26, 2008
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CHRISTINA J. RO-CONNOLLY
231 Los Cerros Avenue · Walnut Creek, California 94598 · (213) 268-8462 E-mail: [email protected]

PROFESSIONAL EXPERIENCE
Law Offices of Amy Oppenheimer February 2018 – Present
Senior Associate Attorney
• Conduct workplace investigations for public sector and private sector clients • Conduct trainings for equal employment opportunity officers regarding workplace investigations Contra Costa County, Office of the County Counsel. September 2006 – January 2018 Deputy County Counsel
• Areas of practice include labor and employment and public safety. • Represent County departments in administrative hearings, including labor and employment arbitrations; civil service appeals before the Office of Administrative Hearings; Due Process Hearings before the Office of Administrative Hearings, Special Education Division; and Public Employment Relations Board hearings.
o Conduct legal research, write briefs, interview and prepare witnesses, prepare hearing strategy, prepare objections, obtain proficiency in the Administrative Procedure Act, articulate arguments before the hearing officer, and review and interpret hearing officer decisions.
• Represent County departments in mediations, including mediations before JAMS, Federal magistrate judges, the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, and the Public Employment Relations Board.
o Conduct legal research, write briefs, advise departmental clients on settlement proposals, prepare and review settlement agreements, and prepare closed session presentations to the Board of Supervisors in the event of potential settlement. • Investigate and prepare responses to complaints filed with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Department of Industrial Relations, and Public Employment Relations Board.
• Advise County departments and special districts, including the Office of the Sheriff, Probation Department, and Fire Protection District, on various legal matters, including progressive employee discipline, labor negotiations, discrimination complaints, Fair Labor Standards Act timekeeping, Peace Officer Safety Bill of Rights, Firefighter Bill of Rights, and Public Records Act. • Conduct trainings on sexual harassment prevention and workplace investigations.

Bowles & Verna LLP, Walnut Creek, California April 2005 – August 2006 Litigation Associate
• Areas of practice included construction, real estate, personal injury, reinsurance, and employment litigation.
• Represented clients in mediations before JAMS and Court-appointed mediators, including conducting legal research, preparing mediation briefs, advising clients on settlement proposals, and reviewing and drafting settlement agreements.
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CHRISTINA J. RO-CONNOLLY

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Modesto City CouncilSeptember 13, 2022

Modesto City Council
September 13, 2022