Agenda packet, first session — Modesto City Council, May 2, 2023 (part 4 of 4)

and Water Divisions to PerkinElmer Health Sciences, Inc./Labworks LLC, for an estimated initial cost of $229,340 and a five (5) year estimated cost of $296,455.

On July 10, 2018, by Resolution No. 2018-288, Council approved the award of proposal and contract for LIMS software for the Wastewater and Water Divisions to PerkinElmer Health Sciences, Inc./Labworks LLC, for an estimated initial cost of $15,507 and a five (5) year estimated cost of approximately $81,657 including annual maintenance.

The WQC Laboratory has relied on Labworks LIMS for the management of samples and results since 2014. The City’s current permit requires a minimum of ten (10) years of historical data be available upon request. This data is stored within the Labworks LIMS software, making the annual maintenance and service of the database imperative to maintaining regulatory compliance.

DISCUSSION:

The City of Modesto’s WQC Laboratory utilizes Labworks LIMS software for the management and monitoring of all water quality samples and results through the management of sample schedules, report preparation, evaluation of water quality trends, and referencing historical data.

Labworks, LLC is the developer and sole distributor of Labworks LIMS software as well as the sole source for the maintenance and support services.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process.

Additionally, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Here, Labworks, LLC should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) since they are the original manufacturer and the only vendor that is able to provide this software.

Additionally, Labworks LIMS should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d), since it is only sold as a direct transaction between Labworks, LLC and end clients. Therefore, this purchase qualifies for exemption from the formal bidding procedure.

FISCAL IMPACT:

All costs associated with the annual maintenance and support of Labworks LIMS software are currently budgeted in the Fiscal Year 2022-2023 budget.

Charge Account:
4210-44112-53300
(Wastewater Fund – Laboratory Services - Professional Services) Labworks LIMS Previous 5-Year Cost
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL
$15,507 $15,507 $16,278 $16,929 $17,436 $91,657
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City Council, May 02, 2023
Labworks LIMS Annual Maintenance Support Agreement

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Labworks LIMS Projected 5-Year Cost
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL
$18,048 $18,684 $19,338 $20,016 $20,778 $96,864
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on Monday, April 03, 2023, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Sole Source Agreement with Labworks LLC, Lehi, Utah for the Annual Maintenance and Support of Labworks LIMS Software, for a five (5) year Agreement, for an estimated annual amount of $18,048, to include an annual increase of 4%, and a total amount not to exceed $96,864 over five (5) years; and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution 2023-XXX

2. Agreement

3. Financial Interest Disclosure

4. Bid Waiver
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05/02/23/Utilities/JFarnsworth/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING THE SOLE SOURCE AGREEMENT WITH

LABWORKS LLC, LEHI, UTAH FOR THE ANNUAL MAINTENANCE AND SUPPORT OF LABWORKS LIMS SOFTWARE, FOR A FIVE (5) YEAR
AGREEMENT, FOR AN ESTIMATED ANNUAL AMOUNT OF $18,048, TO INCLUDE AN ANNUAL INCREASE OF 4%, AND A TOTAL AMOUNT NOT TO EXCEED $96,864 OVER FIVE (5) YEARS; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto’s Wastewater Division is responsible for maintaining compliance with various State and Federal regulations and permits; and WHEREAS, in order to remain in compliance with the various permits and regulations, required samples must be analyzed by a State certified laboratory.

Environmental Laboratory Accreditation Program (ELAP) is the California laboratory accrediting body; and
WHEREAS, the City of Modesto’s Water Quality Control (WQC) laboratory is ELAP certified; and
WHEREAS, ELAP standards require certified laboratories to maintain a data management system; and
WHEREAS, in order to maintain compliance with ELAP standards, the WQC laboratory utilizes Labworks Laboratory Information Management System (LIMS) software to meet ELAP’s data management system requirements; and WHEREAS, the WQC Laboratory has relied on Labworks LIMS for the management of samples and results since 2014. The City’s current permit requires a minimum of ten (10) years of historical data be available upon request; and WHEREAS, the WQC Laboratory utilizes Labworks LIMS software for the management and monitoring of all water quality samples and results; and #20..
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5/2/23/UTL/JFarnsworth/Item # 2 2023-xxx
WHEREAS, this data is stored within the Labworks LIMS software, making the annual maintenance and service of the database imperative to maintaining regulatory compliance; and
WHEREAS, Labworks, LLC is the developer and sole distributor of Labworks LIMS software as well as the sole source for the maintenance and support services; and WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process; and
WHEREAS, Additionally, MMC 8-3.204(d) provides that a purchase may also be exempted where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Here, Labworks, LLC should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) since they are the original manufacturer and the only vendor that is able to provide this software. Additionally, Labworks LIMS should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(d), since it is only sold as a direct transaction between Labworks, LLC and end clients. Therefore, this purchase qualifies for exemption from the formal bidding procedure.
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5/2/23/UTL/JFarnsworth/Item # 3 2023-xxx
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sole Source Agreement with Labworks LLC, Lehi, Utah for the annual maintenance and support of Labworks LIMS Software, for a five (5) year Agreement, for an estimated annual amount of $18,048, to include an annual increase of 4%, and a total amount not to exceed $96,864 over five (5) years.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 Labworks, LLC
45 E 200 N
Alpine, UT 84004
Phone: 844 452-2967
www.labworks.com
LABWORKS SOFTWARE MAINTENANCE & SERVICES TERMS AND CONDITIONS v4.3 These following Software Maintenance Services Terms and Conditions (these “Terms & Conditions”) are an integral part of the Software Maintenance Services Agreement (this “Services Agreement”) between Labworks LLC ("Labworks") and ___________________ [Customer Name] (“Customer”). Labworks shall provide maintenance services as more fully described herein to Customer for the Software.

NOW THEREFORE, in consideration of the foregoing, the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Labworks and Customer agree as follows:

1.0 DEFINITIONS

1.1. “Customer” means the end-user entity whose authorized agent has ordered Maintenance Services from Labworks. .

1.2. “Enhancement” means any modification or addition that, when made or added to the Software, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Labworks as minor or major, depending on Labworks assessment of their value and of the function added to the preexisting Software.

1.3. “Error Correction” means either a modification or an addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity.

1.4. “Error” means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Labworks. However, any nonconformity resulting from Customer's misuse, improper use, alteration, or damage of the Software, or Customer's combining or merging the Software with any hardware or software not supplied or identified as compatible by Labworks, shall not be considered an Error.

1.5. “Labworks Software Support Website” means the website designated either within these Terms & Conditions or elsewhere by Labworks at which Customer may, among other activities, enter a support request, obtain manuals and other technical information, and reviewed Customers software licenses and services portfolio.

1.6. “Releases” mean new versions of the Software, which may include both Error Corrections and Enhancements. Such Releases may be either provided either as patches to or complete replacement of the Software. A "generally available" release is a release which is available to the public at large.

Releases do not include new products, optional enhancements or new or add-on products that are priced and sold separately by Labworks. Labworks is the sole determiner of the availability and designation of a Release.
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2 1.7. “Software Maintenance Services Identification Number” is the identification and tracking number generated by Labworks and provided to Customer to allow registration and tracking of the Software Maintenance Services Agreement.

1.8. “Software” means the Labworks software product designated by the Customer’s order.

Alternatively, Software means the Labworks software product designated for support under the Software Maintenance Services Identification Number.

2.0 SCOPE OF MAINTENANCE SERVICES

2.1. During the maintenance term (annual), Labworks shall provide maintenance services in support of the Software. Maintenance Services shall include both technical support services and software releases.

2.2. Support. Subject to the terms and conditions of this Agreement, Labworks shall provide Customer with support services as described in this section.

2.2.1. Support Hours. Labworks shall maintain standard service hours between 09:00 – 18:00 Monday to Friday, Eastern Standard Time excluding all public holidays.

2.2.2. Telephone Support. Labworks shall provide a support telephone line to respond to support requests. The support telephone line shall be staffed during the hours of 09:00- 18:00 EST Monday to Friday, excluding all public holidays. The support line is toll free within the United State at 844-452-2967.

2.2.3. E-mail Support. Labworks shall provide e-mail support between 09:00-18:00 Monday to Friday, ET, excluding all public holidays. Address: [email protected].

2.2.4. Support requests outside standard service hours. All voicemails and emails will receive a response during the next normal business day. Urgent voicemail requests receive a live response within one hour of the start of the next normal business day.

2.2.5. Remote Support. Initial support will be provided in part by directing Customer to use certain diagnostic tools available on the Software. If this proves insufficient to resolve the support request, if Customer grants explicit permission, and if Customer establishes and maintains the appropriate network configuration, Labworks personnel will access the Software remotely and provide remote services.

2.3. Software Releases. As part of its maintenance services, Labworks may provide periodic Software Releases.

2.3.1. Maintenance Releases. Labworks may provide periodic Maintenance Releases.

Maintenance Releases are generally available release of Software that only provides #20..
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3 error corrections. Such a release shall be denoted by a change in the digit to the right of the second decimal point - for example, 3.0.0 to 3.0.1.

2.3.2. Minor Releases. Labworks may provide periodic Minor Releases. A Minor Release is a generally available release of the Software that provides Enhancements designated minor by the Labworks, as well as bug fixes (error corrections). Such a release shall be denoted by a change in the digit to the right of the first decimal point - for example, 3.0 to 3.1.

2.3.3. Major Releases. Labworks may provide periodic Major Releases. Major Releases are generally available releases of the Software that provides Enhancements designated major by Labworks, as well as minor new Enhancements and Error Corrections. Such a release is denoted by a change in the digit to the left of the first decimal point - for example, 3.0 to 4.0.

2.4. Limitations on Scope of Maintenance Services.

2.4.1. Labworks shall have no obligation to provide Releases or Support for the Software except as set forth in this Services Agreement. Labworks shall not have any responsibility to develop subsequent components for the Software or additional processes for Customer, except as explicitly set forth herein.

2.4.2. Labworks shall have no obligation to fix errors in the Software within a specific time duration due to the nature of software operating in a multivendor environment.

2.4.3. Customer rights and obligations concerning the use of any Releases (Error Corrections, Enhancements, or any other programming provided by Labworks relating to the Software) shall be as provided under the End-User License Agreement between Customer and Labworks. Labworks shall have sole and exclusive ownership of all right, title, and interest in and to such works (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the license expressly granted to Customer therein.

2.4.4. Maintenance Services do not include: (a) development of custom computer programs, (b) repairs or service relating to any third-party software or hardware, or (c) hardware modifications or changes to existing hardware configurations, outside the scope of warranty support.
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4 3.0 WARRANTIES AND LIMITATIONS OF LIABILITY

3.1. Limited Maintenance Services Warranty. Labworks warrants, for a period of ninety (90) days following the performance of the applicable Maintenance Service, that such Maintenance Services was performed in a professional manner and in a manner that was at least equal to applicable industry standards prevailing at the time of performance. Labworks’s entire liability and Customer’s exclusive remedy under this limited warranty is, at Labworks’s option, either (a) return of the Maintenance Fees paid by Customer with respect to the annual maintenance period during which such Maintenance Services were performed; or (b) re-performance of such Maintenance Services in a manner that conforms with the foregoing limited warranty. Any Maintenance Services that are re-performed will be warranted in accordance with the terms and conditions of this Section for the remainder of the original warranty period or thirty (30) days, whichever is longer.

3.2. Warranty Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT EXCEPT AS

EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, LABWORKS HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER REGARDING THE MAINTENANCE SERVICES. WITHOUT

LIMITING THE GENERALITY OF THE FOREGOING, LABWORKS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO TITLE, NONINFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY,

CAPACITY OR TECHNICAL COMPATIBILITY OF THE MAINTENANCE SERVICES OR FITNESS OF THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT LABWORKS WILL NOT

BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH

ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE

MAINTENANCE SERVICES WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL

CONDUCT, EQUITY OR PURSUANT TO SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION,

BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH

DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY LABWORKS AND WHETHER SUCH DAMAGES ARE ASSERTED BY CUSTOMER OR SOME OTHER PARTY .

3.3. CUSTOMER FURTHER ACKNOWLEDGES THAT LABWORKS' MAXIMUM AGGREGATE LIABILITY TO

CUSTOMER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES ARISING

DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE MAINTENANCE SERVICES WILL NOT IN ANY EVENT EXCEED $1,000,000.

3.4. CUSTOMER ACKNOWLEDGES THAT THE PRICING OF THE MAINTENANCE SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT LABWORKS' LIABILITY AS PROVIDED HEREIN. THE LIMITATIONS OF

LIABILITY SET FORTH HEREIN ARE INTENDED TO LIMIT LABWORKS'S LIABILITY AND WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ANY ACTION,

CLAIM OR PROCEEDING RELATING TO THIS AGREEMENT AND/OR THE MAINTENANCE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, MUST BE BROUGHT WITHIN TWELVE (12) MONTHS FOLLOWING THE ACTION OR EVENT GIVING RISE TO SUCH ACTION, CLAIM OR PROCEEDING. #20..
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5 4.0 TERM AND TERMINATION

4.1. Term. Maintenance Services provided under this Software Agreement shall run from the date of registration of this Software for the term in years ordered by the Customer.

4.2. Early Termination.

4.2.1. Notwithstanding the foregoing, this Agreement may be terminated as follows:

4.2.1.1. at any time upon mutual written agreement of the parties;

4.2.1.2. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party (a) breaches a material obligation of the notified party under this Agreement and such breach continues uncorrected for a period of thirty (30) days after notice in writing thereof to the notified party,

4.2.1.3. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party becomes insolvent or is adjudged as bankrupt; makes an assignment for the benefit of creditors; has a receiver appointed for all or a material portion of its property, assets and/or business; or files a voluntary petition of bankruptcy; or

4.2.2. In addition, if Customer is acquired by, merged into, or consolidated with another corporation or organization or sells, transfers, or leases all or a substantial portion of its assets or stock (including any software) to another corporation or other organization which is a direct competitor of Labworks, Labworks reserves the right to consider such event as a material and incurable breach of this Agreement and proceed to termination under this Section 4.2. A direct competitor of Labworks is any entity that markets, sells or develops a product substantially similar to any software of Labworks.

4.2.3. Effect of Early Termination. Upon termination or expiration of this Agreement Customer shall pay any and all undisputed sums then owing to Labworks hereunder within ten (10) business days from the effective date of termination. Upon termination of this Agreement, Customer shall not be entitled to any refund of any payments made by Customer unless explicitly provided for herein.
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6 5.0 MISCELLANEOUS

5.1. Entirety of Agreement.

5.1.1. This Software Agreement includes these Terms & Conditions, as well the terms in any acknowledging e-mail if used to deliver the Software Maintenance Services Identification Number for this Services Agreement. In case of conflict, the terms of these Terms & Conditions will prevail.

5.1.2. This Software Agreement represents the parties' entire agreement with respect to the subject matter of this Agreement and supersedes and replaces any prior agreement or understanding with respect to that subject matter. All prior and all oral representations, warranties and covenants with respect to the subject matter of this Agreement will be deemed to have been merged into and superseded by this Agreement. This Agreement may not be amended or supplemented except pursuant to a written instrument signed by the party against whom such amendment or supplement is to be enforced. This Agreement will prevail over any additional, conflicting or inconsistent terms and conditions which may appear on any purchase order, confirmation or other similar document sent or delivered by a party to this Agreement.

5.2. Survival. The respective rights and obligations of Labworks and Customer under the provisions of Sections 3, 4 and 5 shall survive termination of this Agreement.

5.3. Governing Law/Arbitration. The laws of the State of California, excluding its choice of law provisions, will govern the formation, interpretation, and performance of this Agreement. Customer agrees to submit any dispute, claim or controversy that may arise out of the rendering of Services or providing of Materials as set forth in this Agreement to arbitration by a single arbitrator in Stanislaus County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Judgment upon the arbitration award shall be final, binding and conclusive and may be entered in any court having jurisdiction. Nothing contained herein will be deemed to be a waiver of any right that may exist to remove an action filed in state court to federal court.

5.4. Notices. All notices, demands, requests or other communications that may be or are required to be given, served or sent by either party to the other party pursuant to this Agreement will be in writing and will be mailed by first class, registered or certified mail, return receipt requested, postage prepaid, sent by a reputable, national, over-night courier service (with a requirement for receipt of delivery) or transmitted by hand delivery, telegram or facsimile transmission addressed to the parties at their principal office. Either party may designate by written notice a new address to which any notice, demand, request or communication may thereafter be given, served or sent. Each notice, demand, request or communication that is mailed, delivered or transmitted in the manner described above will be deemed sufficiently given, served, sent and received for all purposes at such time as it is delivered to the addressee with the return receipt, the delivery receipt, the affidavit of messenger or (with respect to #20..
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7 a facsimile transmission) the answer back being deemed conclusive evidence of such delivery or at such time as delivery is refused by the addressee upon presentation .

5.5. Severability. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such manner that it will, to the maximum extent practicable, be deemed to be valid and enforceable.

Accordingly, in lieu of such invalid or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in its terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.

5.6. Third Party Beneficiaries. Except as expressly set forth or referred to in this Agreement, nothing in this Agreement is intended or will be construed to confer upon or give to any party other than the parties to this Agreement and their successors and permitted assigns, if any, any rights or remedies under or by reason of this Agreement.

5.7. No Waiver. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise or the exercise of any other right.

5.8. Force Majeure. Neither party to this Agreement shall be liable to the other for any delay or failure by such party to perform its obligations (excluding obligations to pay money) under this Agreement if such delay or failure arises from any cause or causes beyond the reasonable control of such party, including, without limitation, labor disputes, strikes, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockades or regulations or orders of governmental authorities.

If a party to this Agreement shall be delayed or prevented from performing such party's obligations pursuant to this Agreement due to any cause beyond such party's reasonable control, such delay shall be excused during the continuance of such delay and the period of performance shall be extended to the extent necessary to enable such party to perform its obligations after the cause of such delay has been removed; provided, however, if such performance is delayed for thirty (30) or more days, the party entitled to the benefit of such performance may elect to terminate this Agreement .

5.9. Assignment. Customer may transfer or assign its rights under this Agreement but only with the advance written consent of Labworks, which shall not be unreasonably withheld. As a condition precedent to any such assignment or transfer (a) the assignee/transferee must agree in writing to comply with all of the obligations of Customer under this Agreement, (b) Labworks must be given a copy of the assignee/transferee's written undertaking to comply with all of the obligations of Customer under this Agreement, and (c) all maintenance transfer fees, if any, must be paid to Labworks. #20..
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8 Signature Page to “Software Maintenance Services Terms and Conditions v4.3” I agree to the terms and conditions as set forth in “Software Maintenance Services Terms and Conditions v4.3” between Labworks LLC and Customer.

Labworks LLC Customer
________________________________ ________________________________ Signature Signature
________________________________ ________________________________ Name Name
________________________________ ________________________________ Date Date
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 10, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Analytical Laboratory Testing Services - Wastewater Division CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,677,304 over five years. (Funding Source: Sewer Operation Fund and Storm Drain Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D.

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto’s wastewater and stormwater systems are regulated under National Pollutant Discharge Elimination System (NPDES) permits. These permits are mandated by the Federal Clean Water Act and administered in California by the State Water Resource Control Board (SWRCB) and the Central Valley Regional Water Quality Control Board (CVRWQCB) on behalf of the United States Environmental Protection Agency (USEPA).

These permits require the City to regularly monitor the ambient receiving and effluent waters through the sampling and testing of various sites within the system.

On September 10, 2001, the CVRWQCB issued a Water Code, Section 13267 letter to the City requiring the submittal of ambient receiving water and effluent data regarding priority pollutants, as determined by the CVRWQCB.

All samples required by the NPDES permits or additional regulatory orders must be analyzed by a laboratory certified by the Environmental Laboratory Accreditation Program (ELAP). While the City of Modesto owns and operates an ELAP certified laboratory, which is able to perform a wide range of sample analytics, it is limited to testing more common analytes. The City’s Water #21..
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Quality Control Laboratory is not able to process and analyze some of the complex sampling requirements.

On February 12, 2013, by Resolution No 2013-66, Council approved the award of bids for analytical laboratory testing services to Alpha Analytical Laboratories, Dublin, CA; BSK Analytical Laboratories, Fresno, CA; FGL Environmental, Santa Paula, CA; Sierra Analytical, Laguna Hills, CA; and TestAmerica Laboratories, Inc., Irvine, CA.

On June 05, 2018, by Resolution No 2018-204, Council approved the award of bids for analytical laboratory testing services to Alpha Analytical Laboratories, Dublin, CA, for an annual estimated cost not to exceed $170,000 and a total cost not to exceed $850,000 over five years On June 05, 2018, by Resolution No. 2018-205, Council approved the award of bids for analytical laboratory testing – Toxicity testing to McCampbell Analytical, Inc., Pittsburg, CA, for an annual cost not to exceed $70,000, and a total cost not to exceed $350,000 over five years.

On May 11, 2021, by Resolution No. 2021-175, Council approved an increase to the Agreement for analytical laboratory testing services with Alpha Analytical Laboratories, Dublin, CA, for an annual estimated amount not to exceed $345,000, and a total cost not to exceed $1,025,000 over five years.

DISCUSSION:

The Utilities Department, Water Quality Control (WQC) Laboratory is responsible for ensuring all analytical testing requirements are completed by an ELAP certified laboratory.

The City of Modesto requires the services of a qualified analytical laboratory for the testing of Wastewater and Stormwater samples for various constituents as required by the CVRWQCB.

A portion of the required samples are outside of the testing and analysis capabilities performed by the City of Modesto’s Water Quality Control Laboratory. Therefore, to remain in compliance with the City’s NPDES permits as well as other CVRWQCB orders, it is necessary to have a service contract with an accredited laboratory.

On November 2, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for analytical laboratory testing services. On December 06, 2022, the Purchasing Division issued Invitation for Bid (IFB) 2223-21 for analytical laboratory testing services on the City’s PlanetBids public bidding website under various commodity codes. Prospective bidders were notified online and via email of the bid opportunity. Twenty-four (24) companies downloaded the IFB from PlanetBids.

On January 10, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond, one (1) of which was a local vendor.

Based on providing the lowest responsive and responsible bid, City staff recommended to award the analytical laboratory testing services to Alpha Analytical Laboratories, Livermore, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $310,950 and a total amount not to exceed $1,677,304 over five years.

Modesto Municipal Code 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An #21..
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award of bid and Agreement for analytical laboratory testing services for Utilities Department – Wastewater Division use to Alpha Analytical Laboratories, Dublin, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Alpha Analytical Laboratories was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The Sewer Operations Fund and Storm Drain Fund contains sufficient funding for the remainder of FY23 and additional funds have been incorporated into the FY24 budget to cover costs related to the required analytical laboratory testing services.

Charge Accounts:
4210-44112-53335
(Sewer Operation Fund – Laboratory Services – Testing and Sampling Services) 4480-44111-53335
(Storm Drain Fund – Stormwater Compliance – Testing and Sampling Services) YEAR 1 2 3 4 5 TOTAL
ALPHA ANALYTICAL $106,546 $211,139 $171,795 $307,758 $59,064.00 $856,302 MCCAMPBELL $47,050 $33,607 $33,076.00 $44,444 $21,702 $179,879 TOTAL $153,596 $244,746 $204,871 $352,202 $80,766 $1,036,181 $207,236
$207,300

ANALYTICAL LABORATORY TESTING
PREVIOUS 5-YR SUMMARY
Annual Average
Annual Estimated Avg
An analysis of the bid event revealed an average cost increase of 50% per test. As a result, a 50% increase was applied to the annual estimated average, calculated from the previous fiveyear cost analysis to yield an annual estimated amount of $310,950 for years one and two. An additional 6.3% increase will be applied to years three, four and five based on the current consumer price index (CPI).

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5
COST $310,950 $310,950 $330,540 $351,364 $373,500
$1,677,304

ANALYTICAL LABORATORY TESTING
PROJECTED 5-YEAR TOTAL
Projected 5-Year Total
*Includes a 6.3% CPI increase in Years 3, 4, and 5
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on Monday, April 03, 2023, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $310,950, with a 6.3% CPI increase included in years three through five, and a total amount not to exceed $1,677,304 over five years; and authorizing the City Manager, or his designee, to execute the Agreement. #21..
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City Council, May 2, 2023
Analytical Laboratory Testing Services - Wastewater Division

Page 4 of 4 ends

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement

3. Exhibit B – Bid Submittal

4. Exhibit C – IFB 2223-21

5. Financial Interest Disclosure

6. Cost Abstract – Chemistry-Metals-Microbiology

7. Cost Abstract - Toxicity
#21..
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05/02/2023/Utilities/JFarnsworth/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR

ANALYTICAL LABORATORY TESTING SERVICES TO ALPHA
ANALYTICAL LABORATORIES, LIVERMORE, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $310,950, WITH A 6.3% CPI INCREASE

INCLUDED IN YEARS THREE THROUGH FIVE, AND A TOTAL AMOUNT NOT TO EXCEED $1,677,304 OVER FIVE YEARS; AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City of Modesto’s wastewater and stormwater systems are regulated under National Pollutant Discharge Elimination System (NPDES) permits; and WHEREAS, these permits require the City to regularly monitor the ambient receiving and effluent waters through the sampling and testing of various sites within the system; and
WHEREAS, all samples required by the NPDES permits or additional regulatory orders must be analyzed by a laboratory certified by the Environmental Laboratory Accreditation Program (ELAP); and
WHEREAS, the City of Modesto owns and operates an ELAP certified laboratory, which is able to perform a wide range of sample analytics, but is limited to testing more common analytes; and
WHEREAS, a portion of the required samples are outside of the performed testing and analysis capabilities of the City’s laboratory; and WHEREAS, Modesto Municipal Code (MMC) 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of bid and agreement for analytical laboratory testing services for Utilities Department – Wastewater Division use to Alpha Analytical Laboratories, Dublin, CA, conforms to the Modesto Municipal Code because #21..
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05/02/2023/Utilities/JFarnsworth/Item # 2 2023-xxx
the City complied with the formal bid procedures and Alpha Analytical Laboratories was the lowest responsive and responsible bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid and agreement for analytical laboratory testing services to Alpha Analytical Laboratories, Livermore, CA, for a two (2) years agreement with three (3) one-year extension options, for an annual estimated amount of $310,950, with a 6.3% CPI increase included in years three through five, and a total amount not to exceed $1,677,304 over five years.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #21..
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05/02/2023/Utilities/JFarnsworth/Item # 3 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, 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 NAYERES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#21..
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1 ANNUAL AGREEMENT NO 241384

ANALYTICAL LABORATORY TESTING SERVICES

ALPHA ANALYTICAL LABORATORIES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Alpha Analytical Laboratories, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-______ authorizing the Award of Bid and agreement for the ANALYTICAL LABORATORY TESTING SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ANALYTICAL LABORATORY TESTING SERVICES as described in IFB 2223-21, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
#21..
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $310,950. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,677,304. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item No. Chemistry Description Unit Price
A1 1,1,1 Trichloroethane
A2 1,1,2,2-Tetrachloroethane
A3 1,1,2·Trichloroethane
A4 1,1,2-Trichloro-1,2,2-Trifluoroethane
A5 1,1-Dichloroethene
$95.00
A6 1,2,3,4 ,6,7,8-HeptaCDD
A7 1,2,3,4,6,7,8-HeptaCDF
A8 1,2,3,4,7,8,9-HeptaCDF
A9 1,2,3,4,7,8-HexaCDD
A10 1,2,3,4,7,8-HexaCDF
A11 1,2,3,6,7,8-HexaCDD
A12 1,2,3,6,7,8-HexaCDF
A13 1,2,3,7,8,9-HexaCDD
A14 1,2,3,7,8,9-HexaCDF
A15 1,2,3,7,8-PentaCDD
A16 1,2,4-Trichlorobenzene
A17 1,2-Benzanthracene
$550.00
#21..
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3 Item No. Chemistry Description Unit Price
A18 1,2-Dibromo-3-chloropropane (DBCP)
A19 1,2-Dichlorobenzene
A20 1,2-Dichloroethane
A21 1,2-Dichloropropane
A22 1,2-Diphenylhydrazine
A23 1,3·Dichloropropene
A24 1,3-Dichlorobenzene
A25 1,4-Dichlorobenzene
A26 2,3,4,6,7,8-HexaCDF
A27 2,3,4,7,8-PentaCDF
A28 2,3,7,8-TCDD (Dioxin)
A29 2,3,7,8-TetraCDD
A30 2,3,7,8-TetraCDF
A31 2,4,5-T
A32 2,4,5-TP (Silvex)
$125.00
A33 2,4,6-Trichlorophenol
A34 2,4-D
A35 2,4-DB
A36 2,4-Dichlorophenol
A37 2,4-Dimethylphenol
A38 2,4-Dinitrophenol
A39 2,4-Dinitrotoluene
A40 2,6-Dinitrotoluene
A41 2-Chloroethyl vinyl ether
A42 2-Chloronaphthalene
A43 2-Chlorophenol
A44 2-Methyl-4,6-dinitrophenol
A45 2-Nitrophenol
A46 3,3-Dichlorobenzidine
A47 3,4-Benzofluoranthene
$150.00
A48 4,4'-DDD
A49 4,4'-DDE
A50 4,4'-DDT
A51 4,6 Dinitro-2-methylphenol
A52 4-Bromophenyl phenyl ether
A53 4-Chloro-3-methylphenol
A54 4-Chlorophenyl phenyl ether
A55 4-Nitrophenol
A56 625 Phenols
A57 Acenaphthene
A58 Acenaphthylene
A59 Acrolein
A60 Acrylonitrile
A61 Alachlor
A62 Aldrin
$125.00
A63 Alkalinity, Bicarbonate $ 10.00
A64 Alkalinity, Carbonate $ 10.00
A65 Alkalinity, Hydroxide $ 10.00
A66 Alkalinity, Total
A67 alpha-Endosulfan
A68 alpha-Hexachlorocyclohexane (BHC)
$10.00
#21..
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4 Item No. Chemistry Description Unit Price
A69 Ammonia (as N)
A70 Anthracene
$35.00
A71 Asbestos $300.00
A72 Asbestos, STLC/TTLC
A73 Atrazine
A74 Bentazon
A75 Benzene
A76 Benzidine
A77 Benzo(a)anthracene
A78 Benzo(a)pyrene (3,4-Benzopyrene)
A79 Benzo(b)fluoranthene
A80 Benzo(g,h,i)perylene
A81 Benzo(ghi)perylene
A82 Benzo(k)fluoranthene
A83 beta-BHC
A84 beta-Endosulfan
A85 beta-Hexachlorocyclohexane
$300.00
A86 Biochemical Oxygen Demand
(BOD) (5-day @ 2o Deg. C)
A87 Bis(2-chloroethoxy) methane
A88 Bis(2-chloroethyl) ether
A89 Bis(2-chloroisopropyl) ether
A90 Bis(2-ethylhexyl) phthalate
A91 Bromoform
A92 Bromomethane
A93 Butyl benzyl phthalate
A94 Butyl benzyl phthalene
$35.00
A95 Carbofuran
A96 Carbon tetrachloride
$125.00
A97 Chemical Oxygen Demand
A98 Chlordane
A99 Chlordane-alpha
A100 Chlordane-gamma
$25.00
A101 Chloride $ 15.00
A102 Chlorine Dioxide
A103 Chlorobenzene (mono chlorobenzene)
A104 Chloroethane
A105 Chloroform
A106 Chloromethane
$10.00
A107 Chlorpyrifos (Dursban)
A108 Chrysene
A109 cis-1,2-Dichloroethene
$150.00
A110 Conductivity $ 10.00
A111 Cyanazine $ 250.00
A112 Cyanide
A113 Dalapon
A114 delta-BHC
A115 delta-Hexachlorocyclohexane
A116 Di(2-ethylhexyl)adipate
A117 Diazinon
A118 Dibenzo(a,h)-anthracene
$45.00
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5 Item No. Chemistry Description Unit Price
A119 Dibromochloromethane
A120 Dicamba
A121 Dichlorobromomethane
A122 Dichloromethane
A123 Dichlorprop
A124 Dieldrin
A125 Diethyl phthalate
A126 Dimethyl phthalate
A127 Di-n-butylphthalate
A128 Di-n-octylphthalate
A129 Dinoseb
A130 Diquat $ 125.00
A131 DOC
A132 Endosulfan I - alpha
A133 Endosulfan II - beta
A134 Endosulfan sulfate
$45.00
A135 Endothal
A136 Endrin
A137 Endrin Aldehyde
A138 Ethylbenzene
A139 Ethylene Dibromide
$125.00
A140 Fixed Dissolved Solids
A141 Fluoranthene
A142 Fluorene
$25.00
A143 Fluoride $ 15.00
A144 Foaming Agents (MBAS) $ 45.00
A145 Glyphosate $ 125.00
A146 Grain Size $ 295.00
A147 Hardness (as CaCO3), by titration
A148 Heptachlor
A149 Heptachlor Epoxide
A150 Hexachlorobenzene
A151 Hexachlorobutadiene
A152 Hexachlorocyclopentadiene
A153 Hexachloroethane
A154 Indeno (1,2,3-c,d)pyrene
A155 Isophorone
A156 Lindane (gamma-Hexachlorocyclohexane)
A157 MCPA
A158 MCPP
A159 Methoxychlor
A160 Methyl-tert-butyl ether (MTBE)
A161 Molinate
A162 Molinate (Ordram)
A163 Naphthalene
$30.00
A164 Nitrate (as N) $ 15.00
A165 Nitrate + Nitrite (as N) $ 15.00
A166 Nitrite (as N)
A167 Nitrobenzene
A168 N-Nitrosodimethylamine
A169 N-Nitroso-di-n-propylamine
$15.00
#21..
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6 Item No. Chemistry Description Unit Price
A170 N-Nitrosodiphenylamine
A171 OctaCDD
A172 OctaCDF
A173 Oil and Grease $ 60.00
A174 Ortho Phosphate
A175 Oxamyl
A176 PCB-1016
A177 PCB-1221
A178 PCB-1232
A179 PCB-1242
A180 PCB-1248
A181 PCB-1254
A182 PCB-1260
A183 Pentachlorophenol
$15.00
A184 pH
A185 Phenanthrene
A186 Phenol
$10.00
A187 Phosphorus, Total (as P)
A188 Picloram
A189 Prometryn
A190 Pyrene
A191 Pyrethroid Pesticides
A192 Simazine (Princep)
A193 Styrene
$30.00
A194 Sulfate $ 15.00
A195 Sulfide (as S) $ 25.00
A196 Sulfite (as SO3) $ 25.00
A197 Tannins/ Lignins
A198 Tetrachloroethene
A199 Thiobencarb
A200 Tichlorofluoromethane
$45.00
A201 TOC
A202 Toluene
$40.00
A203 Total Dissolved Solids $ 25.00
A204 Total Kjeldahl Nitrogen (TKN) $ 35.00
A205 Total Organic Carbon $ 40.00
A206 Total Solids %, MOISTURE $ 25.00
A207 Total Suspended Solids $ 25.00
A208 Total Volatile Solids (TVS)
A209 Toxaphene
$35.00
A210 TPH Diesel $ 75.00
A211 TPH Gas
A212 TPH Motor Oil
A213 trans-1,2-Dichloroethylene
$75.00
A214 Tributyltin
A215 Trichlorofluoromethene
$300.00
A216 Turbidity
A217 Vinyl chloride
$10.00
A218 Volatile Dissolved Solids $ 35.00
A219 Volatile Fatty Acids, Speciated $ 250.00
A220 Volatile Suspended Solids $35.00
#21..
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7 Item No. Chemistry Description Unit Price
A221 Xylenes
Item No. Metals Description Unit Price
B1 Aluminum , Total Recoverable $ 12.00
B2 Aluminum, Dissolved $ 12.00
B3 Aluminum, Solid $ 12.00
B4 Antimony, Dissolved $ 12.00
B5 Antimony, Solid $ 12.00
B6 Antimony, STLC/TTLC $ 12.00
B7 Antimony, Total Recoverable $ 12.00
B8 Arsenic, Dissolved $ 12.00
B9 Arsenic, Solid $ 12.00
B10 Arsenic, STLC/TTLC $ 12.00
B11 Arsenic, Total Recoverable $ 12.00
B12 Barium, Dissolved $ 12.00
B13 Barium, Solid $ 12.00
B14 Barium, STLC/TTLC $ 12.00
B15 Barium, Total Recoverable $ 12.00
B16 Beryllium, Dissolved $ 12.00
B17 Beryllium, Solid $ 12.00
B18 Beryllium, STLC/TTLC $ 12.00
B19 Beryllium, Total Recoverable $ 12.00
B20 Boron, Dissolved $ 12.00
B21 Boron, Total Recoverable $ 12.00
B22 Cadmium, Dissolved $ 12.00
B23 Cadmium, Solid $ 12.00
B24 Cadmium, STLC/TTLC $ 12.00
B25 Cadmium, Total Recoverable $ 12.00
B26 Calcium, Dissolved $ 12.00
B27 Calcium, Solid $ 12.00
B28 Calcium, Total Recoverable $ 12.00
B29 Chromium (VI) $ 45.00
B30 Chromium (VI) STLC/TTLC $ 45.00
B31 Chromium, Dissolved $ 12.00
B32 Chromium, Solid $ 12.00
B33 Chromium, STLC/TTLC $ 12.00
B34 Chromium, Total Recoverable $ 12.00
B35 Cobalt, Dissolved $ 12.00
B36 Cobalt, Solid $ 12.00
B37 Cobalt, STLC/TTLC $ 12.00
B38 Cobalt, Total Recoverable $ 12.00
B39 Copper, Dissolved $ 12.00
B40 Copper, Solid $ 12.00
B41 Copper, STLC/TTLC $ 12.00
B42 Copper, Total Recoverable $ 12.00
B43 Iron, Dissolved $ 12.00
B44 Iron, Solid $ 12.00
B45 Iron, Total Recoverable $ 12.00
B46 Lead, Dissolved $ 12.00
B47 Lead, Solid $ 12.00
B48 Lead, STLC/TTLC $ 12.00
#21..
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8 Item No. Metals Description Unit Price
B49 Lead, Total Recoverable $ 12.00
B50 Magnesium, Dissolved $ 12.00
B51 Magnesium, Solid $ 12.00
B52 Magnesium, Total Recoverable $ 12.00
B53 Manganese, Dissolved $ 12.00
B54 Manganese, Solid $ 12.00
B55 Manganese, Total Recoverable $ 12.00
B56 Mercury, Dissolved $ 25.00
B57 Mercury, Methyl $ 150.00
B58 Mercury, Solid $ 25.00
B59 Mercury, STLC/TTLC $ 25.00
B60 Mercury, Total Recoverable $ 25.00
B61 Molybdenum, Dissolved $ 12.00
B62 Molybdenum, Solid $ 12.00
B63 Molybdenum, STLC/TTLC $ 12.00
B64 Molybdenum, Total Recoverable $ 12.00
B65 Nickel, Dissolved $ 12.00
B66 Nickel, Solid $ 12.00
B67 Nickel, STLC/TTLC $ 12.00
B68 Nickel, Total Recoverable $ 12.00
B69 Phosphorus, Solid $ 12.00
B70 Potassium, Dissolved $ 12.00
B71 Potassium, Solid $ 12.00
B72 Potassium, Total Recoverable $ 12.00
B73 Selenium, Dissolved $ 12.00
B74 Selenium, Solid $ 12.00
B75 Selenium, STLC/TTLC $ 12.00
B76 Selenium, Total Recoverable $ 12.00
B77 Silver, Dissolved $ 12.00
B78 Silver, Solid $ 12.00
B79 Silver, STLC/TTLC $ 12.00
B80 Silver, Total Recoverable $ 12.00
B81 Sodium Absorption Ratio $ 40.00
B82 Sodium, Dissolved $ 12.00
B83 Sodium, Solid $ 12.00
B84 Sodium, Total Recoverable $ 12.00
B85 Strontium 90 $ 195.00
B86 Strontium, Solid $ 12.00
B87 Strontium, Total Recoverable $ 12.00
B88 Thallium, Dissolved $ 12.00
B89 Thallium, Solid $ 12.00
B90 Thallium, STLC/TTLC $ 12.00
B91 Thallium, Total Recoverable $ 12.00
B92 Titanium, Total Recoverable $ 12.00
B93 Titaniumn, Solid $ 12.00
B94 Uranium, Total Recoverable $ 12.00
B95 Vanadium, Dissolved $ 12.00
B96 Vanadium, Solid $ 12.00
B97 Vanadium, STLC/TTLC $ 12.00
B98 Vanadium, Total Recoverable $ 12.00
B99 Zinc, Dissolved $ 12.00
#21..
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9 Item No. Metals Description Unit Price
B100 Zinc, Solid $ 12.00
B101 Zinc, STLC/TTLC $ 12.00
B102 Zinc, Total Recoverable $ 12.00
Item No. Microbiology Description Unit Price
C1 E. coli (MPN) $ 30.00
C2 E. coli (Presence/Absence) $ 15.00
C3 Fecal Coliform (MPN) $ 40.00
C4 Heterotrophic Plate Count $ 40.00
C5 Total Coliform (MPN) Included
C6 Total Coliform (Presence/Absence) Included
C7 Yeast and Mold $ 175.00
Item No. Calculations Description Unit Price
D1 Aggressive Index $ 10.00
D2 Anion/Cation Balance $ 10.00
D3
Hardness (as CaCO3), by Ca and Mg
calculation $ 10.00
D4 Langelier Saturation Index $ 10.00
D5 Ryznar Stability Index $ 10.00
D6
Total Organic Nitrogen (TON) Caluclation
including analysis of NH3-N and TKN $ 75.00
Item No. Services Description Unit Price
E1 Courier $ -
E2
Rush
See Surcharge
Schedule
E3 Sample Disposal $ 5.00
E4 Sample Preparation $ 5.00
Surcharge Schedule:
2 day - 75%
3 day - 50%
4 day - 35%
5 day - 25%
6 day - 20%
7 day - 15%
8 day - 10%
9 day - 5%
#21..
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10 A. Acute Toxicity Testing
Species
Parameter
Minimum
Sampling
Frequency
Required
Analytical Test
Method Unit Price
Ceriodaphnia dubia Survival &
reproduction 1/Quarter EPA-821-R-02-012 $ 1,300.00
Pimephales Promelas Larval Survival
& growth As Needed EPA-821-R-02-012 $ 1,300.00
Selenastrum capricornutum
Growth As Needed EPA-821-R-02-012 $ 1,820.00
B. Chronic Toxicity Testing
Species
Parameter
Minimum
Sampling
Frequency
Required
Analytical Test
Method Unit Price
Ceriodaphnia dubia Survival &
reproduction 1/Quarter EPA-821-R-02-013 $ 2,175.00
Pimephales Promelas Larval Survival
& growth As Needed EPA-821-R-02-013 $ 2,175.00
Selenastrum capricornutum Growth As Needed EPA-821-R-02-013 $ 1,820.00 *Measureed as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

A. Acute Toxicity Testing
Species
Parameter
Minimum
Sampling
Frequency
Required
Analytical Test
Method Unit Price
Ceriodaphnia dubia Survival &
reproduction As Needed EPA-821-R-02-012 $ 1,300.00
Hyalella azteca
96-hr
Reference
Toxicant Test As Needed EPA 100.1 $ 650.00
Hyalella azteca
96-hr Static
Renewal
Screen As Needed EPA-821-R-02-012 $ 1,300.00
Hyalella azteca
96-hr
Reference
Toxicant As Needed EPA-821-R-02-012 $ 650.00
Oncrhynchus mykiss Survival &
reproduction As Needed EPA-821-R-02-012 $ 695.00
Pimephales Promelas Survival &
Growth As Needed EPA-821-R-02-012 $ 1,300.00
Selenastrum capricornutum
Growth 1/Quarter EPA-821-R-02-012 $ 1,820.00
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11 B. Chronic Toxicity Testing
Species
Parameter
Minimum
Sampling
Frequency
Required
Analytical Test
Method Unit Price
Ceriodaphnia dubia
Survival,
reproduction &
sediment 1/Quarter
EPA-821-R-02-
013,
EPA 600/R-99-064 $ 2,175.00
Hyalella azteca
10 Day
sediment
exposure As Needed EPA 600/R-99-064 $ 2,175.00
Pimephales Promelas
Larval survival,
growth, &
sediment As Needed
EPA-821-R-02-
013,
EPA 600/R-99-064 $ 2,175.00
Selenastrum capricornutum
Growth As Needed EPA-821-R-02-013 $ 1,820.00
*Measureed as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

2. CITY REPRESENTATIVE:

CITY Representative is: Jason Farnsworth, Wastewater Division Manager [email protected] (209) 577-6255
Purchasing Division Contact: Carol Wattle, Buyer [email protected] (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR REPRESENTATIVE:

CONTRACTOR: Robbie Phillips, President [email protected] or 925-828-6226

4. TERM OF AGREEMENT:

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

Year 1: June 11, 2023 through June 10, 2024
Year 2: June 11, 2024 through June 10, 2025
Year 3: June 11, 2025 through June 10, 2026
Year 4: June 11, 2026 through June 10, 2027
#21..
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12 Year 5: June 11, 2027 through June 10, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 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 $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. #21..
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13 d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

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

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT number 241384
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax, and total

7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance. #21..
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15 8. VENUE & GOVERNING LAW:

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

9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2223-21;

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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16 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
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17 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
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18 13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

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

15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at #21..
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19 CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

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

CONTRACTOR: Alpha Analytical Laboratories, Inc.
262 Rickenbacker Circle
Livermore, CA 94551
Attn: Robbie Phillips
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES: No minimum or maximum is guaranteed or implied.

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

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual #21..
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20 agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. #21..
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21 e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no #21..
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22 authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. 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.

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this #21..
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23 Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY:

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and Alpha Analytical Laboratories has caused this Agreement to be duly executed.
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1 INVITATION FOR BIDS (“IFB”) NO. 2223-21
FOR

ANALYTICAL LABORATORY TESTING SERVICES
BID OPENING: January 10, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
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2 TABLE OF CONTENTS
Page
. Notice to Bidders............................................................................................................. 3-4 . Calendar of Events............................................................................................................. 5 . City Contact........................................................................................................................ 5 . Precedence.......................................................................................................................... 5 . Virtual Bid Opening........................................................................................................... 6

GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document................................................................................................. 7-8 . Compliance/Non-Compliance............................................................................................ 8 . Proposed Pricing Format.................................................................................................... 8 . Award of Bid................................................................................................................... 8-9 . Protest and Appeal Procedures....................................................................................10-14 . Bid Submittal Checklist ................................................................................................... 15 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….………. 16-18 . Bid Form B – Bidder Company Information ………………………………………19-20 . Bid Form C - Pricing Schedule …………………………………………………… 21- 33 . Bid Form D – Bidder Exceptions, Clarifications, Amendments ……………………… 34 . Bid Form E – Bidder Customer References ………………………………………. 35-36 . Bid Form F - Financial Interest Disclosure ……………………………………….. 37-38 . Bid Form G – Local Business Preference Declaration................................................... 39 . Bid Form H – Bidder Company History Statement ....................................................... 40 . Bid Form I - Addenda Acknowledgement....................................................................... 41 . Bid Form J – Bidder Warranty Statements...................................................................... 42 . Bid Form K – Bidder Experience and Certifications..................................................43-44 . Bid Form L - Subcontractors List .................................................................................... 45

TECHNICAL REQUIREMENTS
. Scope of Work ............................................................................................................46-47 . Required Licenses............................................................................................................ 48 . Sample Annual Agreement ……………………………………………………….. 49-63 #21..
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of analytical laboratory testing services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to, Tuesday, January 10, 2023 at 11:00 A.M., at which time Bids will be opened, read, and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #21..
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2223-21
BID OPENING DATE: JANUARY 10, 2023 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

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

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

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #21..
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued December 6, 2022
Written Questions Due via Email December 13, 2022
Addendum Issued (if required) December 20, 2022 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, January 10, 203 Agreement Award Approximately May 2023

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #21..
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, January 10, 2023 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
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8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City reserves the right to award by group(s) of items, or all items. Along with price, determination for award shall be based on the following criteria:

O References
O Certifications
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. #21..
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9 • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

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

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
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10 L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
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11 • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
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12 1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided #21..
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13 in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

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

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

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

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
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14 The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #21..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS 
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #21..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:

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

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

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

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents, and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

CHEMISTRY TESTING
Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A1 1,1,1 Trichloroethane $
A2 1,1,2,2-Tetrachloroethane $
A3 1,1,2·Trichloroethane $
A4 1,1,2-Trichloro-1,2,2-Trifluoroethane $
A5 1,1-Dichloroethene $
A6 1,2,3,4 ,6,7,8-HeptaCDD $
A7 1,2,3,4,6,7,8-HeptaCDF $
A8 1,2,3,4,7,8,9-HeptaCDF $
A9 1,2,3,4,7,8-HexaCDD $
A10 1,2,3,4,7,8-HexaCDF $
A11 1,2,3,6,7,8-HexaCDD $
A12 1,2,3,6,7,8-HexaCDF $
A13 1,2,3,7,8,9-HexaCDD $
A14 1,2,3,7,8,9-HexaCDF $
A15 1,2,3,7,8-PentaCDD $
A16 1,2,4-Trichlorobenzene $
A17 1,2-Benzanthracene $
A18 1,2-Dibromo-3-chloropropane (DBCP) $
A19 1,2-Dichlorobenzene $
A20 1,2-Dichloroethane $
A21 1,2-Dichloropropane $
A22 1,2-Diphenylhydrazine $
A23 1,3·Dichloropropene $
A24 1,3-Dichlorobenzene $
A25 1,4-Dichlorobenzene $
A26 2,3,4,6,7,8-HexaCDF $
A27 2,3,4,7,8-PentaCDF $
A28 2,3,7,8-TCDD (Dioxin) $
A29 2,3,7,8-TetraCDD $
A30 2,3,7,8-TetraCDF $
A31 2,4,5-T $
A32 2,4,5-TP (Silvex) $
A33 2,4,6-Trichlorophenol $
A34 2,4-D $
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22 Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A35 2,4-DB $
A36 2,4-Dichlorophenol $
A37 2,4-Dimethylphenol $
A38 2,4-Dinitrophenol $
A39 2,4-Dinitrotoluene $
A40 2,6-Dinitrotoluene $
A41 2-Chloroethyl vinyl ether $
A42 2-Chloronaphthalene $
A43 2-Chlorophenol $
A44 2-Methyl-4,6-dinitrophenol $
A45 2-Nitrophenol $
A46 3,3-Dichlorobenzidine $
A47 3,4-Benzofluoranthene $
A48 4,4'-DDD $
A49 4,4'-DDE $
A50 4,4'-DDT $
A51 4,6 Dinitro-2-methylphenol $
A52 4-Bromophenyl phenyl ether $
A53 4-Chloro-3-methylphenol $
A54 4-Chlorophenyl phenyl ether $
A55 4-Nitrophenol $
A56 625 Phenols $
A57 Acenaphthene $
A58 Acenaphthylene $
A59 Acrolein $
A60 Acrylonitrile $
A61 Alachlor $
A62 Aldrin $
A63 Alkalinity, Bicarbonate $
A64 Alkalinity, Carbonate $
A65 Alkalinity, Hydroxide $
A66 Alkalinity, Total $
A67 alpha-Endosulfan $
A68 alpha-Hexachlorocyclohexane (BHC) $
A69 Ammonia (as N) $
A70 Anthracene $
A71 Asbestos $
A72 Asbestos, STLC/TTLC $
A73 Atrazine $
A74 Bentazon $
A75 Benzene $
A76 Benzidine $
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23 Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A77 Benzo(a)anthracene $
A78 Benzo(a)pyrene (3,4-Benzopyrene) $
A79 Benzo(b)fluoranthene $
A80 Benzo(g,h,i)perylene $
A81 Benzo(ghi)perylene $
A82 Benzo(k)fluoranthene $
A83 beta-BHC $
A84 beta-Endosulfan $
A85 beta-Hexachlorocyclohexane $
A86 Biochemical Oxygen Demand
(BOD) (5-day @ 2o Deg. C) $
A87 Bis(2-chloroethoxy) methane $
A88 Bis(2-chloroethyl) ether $
A89 Bis(2-chloroisopropyl) ether $
A90 Bis(2-ethylhexyl) phthalate $
A91 Bromoform $
A92 Bromomethane $
A93 Butyl benzyl phthalate $
A94 Butyl benzyl phthalene $
A95 Carbofuran $
A96 Carbon tetrachloride $
A97 Chemical Oxygen Demand $
A98 Chlordane $
A99 Chlordane-alpha $
A100 Chlordane-gamma $
A101 Chloride $
A102 Chlorine Dioxide $
A103 Chlorobenzene (mono chlorobenzene) $
A104 Chloroethane $
A105 Chloroform $
A106 Chloromethane $
A107 Chlorpyrifos (Dursban) $
A108 Chrysene $
A109 cis-1,2-Dichloroethene $
A110 Conductivity $
A111 Cyanazine $
A112 Cyanide $
A113 Dalapon $
A114 delta-BHC $
A115 delta-Hexachlorocyclohexane $
A116 Di(2-ethylhexyl)adipate $
A117 Diazinon $
A118 Dibenzo(a,h)-anthracene $
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24 Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A119 Dibromochloromethane $
A120 Dicamba $
A121 Dichlorobromomethane $
A122 Dichloromethane $
A123 Dichlorprop $
A124 Dieldrin $
A125 Diethyl phthalate $
A126 Dimethyl phthalate $
A127 Di-n-butylphthalate $
A128 Di-n-octylphthalate $
A129 Dinoseb $
A130 Diquat $
A131 DOC SM5310C $
A132 Endosulfan I - alpha $
A133 Endosulfan II - beta $
A134 Endosulfan sulfate $
A135 Endothal $
A136 Endrin $
A137 Endrin Aldehyde $
A138 Ethylbenzene $
A139 Ethylene Dibromide $
A140 Fixed Dissolved Solids $
A141 Fluoranthene $
A142 Fluorene $
A143 Fluoride $
A144 Foaming Agents (MBAS) $
A145 Glyphosate $
A146 Grain Size $
A147 Hardness (as CaCO3), by titration $
A148 Heptachlor $
A149 Heptachlor Epoxide $
A150 Hexachlorobenzene $
A151 Hexachlorobutadiene $
A152 Hexachlorocyclopentadiene $
A153 Hexachloroethane $
A154 Indeno (1,2,3-c,d)pyrene $
A155 Isophorone $
A156 Lindane (gamma-Hexachlorocyclohexane) $
A157 MCPA $
A158 MCPP $
A159 Methoxychlor $
A160 Methyl-tert-butyl ether (MTBE) $
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25 Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A161 Molinate $
A162 Molinate (Ordram) $
A163 Naphthalene $
A164 Nitrate (as N) $
A165 Nitrate + Nitrite (as N) $
A166 Nitrite (as N) $
A167 Nitrobenzene $
A168 N-Nitrosodimethylamine $
A169 N-Nitroso-di-n-propylamine $
A170 N-Nitrosodiphenylamine $
A171 OctaCDD $
A172 OctaCDF $
A173 Oil and Grease $
A174 Ortho Phosphate $
A175 Oxamyl $
A176 PCB-1016 $
A177 PCB-1221 $
A178 PCB-1232 $
A179 PCB-1242 $
A180 PCB-1248 $
A181 PCB-1254 $
A182 PCB-1260 $
A183 Pentachlorophenol $
A184 pH $
A185 Phenanthrene $
A186 Phenol $
A187 Phosphorus, Total (as P) $
A188 Picloram $
A189 Prometryn $
A190 Pyrene $
A191 Pyrethroid Pesticides $
A192 Simazine (Princep) $
A193 Styrene $
A194 Sulfate $
A195 Sulfide (as S) $
A196 Sulfite (as SO3) $
A197 Tannins/ Lignins $
A198 Tetrachloroethene $
A199 Thiobencarb $
A200 Tichlorofluoromethane $
A201 TOC SM5310C $
A202 Toluene $
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TESTING SERVICES
26 Item
No. Chemistry Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
A203 Total Dissolved Solids $
A204 Total Kjeldahl Nitrogen (TKN) $
A205 Total Organic Carbon $
A206 Total Solids %, MOISTURE $
A207 Total Suspended Solids $
A208 Total Volatile Solids (TVS) $
A209 Toxaphene $
A210 TPH Diesel $
A211 TPH Gas $
A212 TPH Motor Oil $
A213 trans-1,2-Dichloroethylene $
A214 Tributyltin $
A215 Trichlorofluoromethene $
A216 Turbidity $
A217 Vinyl chloride $
A218 Volatile Dissolved Solids $
A219 Volatile Fatty Acids, Speciated SM 5560 “C” $
A220 Volatile Suspended Solids $
A221 Xylenes $
ePay 1% Rebate (See Bid Form A for this option) $-( )
Chemistry Testing Total Items A1 – A221: $
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TESTING SERVICES
27 METALS TESTING
Item
No. Metals Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
B1 Aluminum , Total Recoverable $
B2 Aluminum, Dissolved $
B3 Aluminum, Solid $
B4 Antimony, Dissolved $
B5 Antimony, Solid $
B6 Antimony, STLC/TTLC $
B7 Antimony, Total Recoverable $
B8 Arsenic, Dissolved $
B9 Arsenic, Solid $
B10 Arsenic, STLC/TTLC $
B11 Arsenic, Total Recoverable $
B12 Barium, Dissolved $
B13 Barium, Solid $
B14 Barium, STLC/TTLC $
B15 Barium, Total Recoverable $
B16 Beryllium, Dissolved $
B17 Beryllium, Solid $
B18 Beryllium, STLC/TTLC $
B19 Beryllium, Total Recoverable $
B20 Boron, Dissolved $
B21 Boron, Total Recoverable $
B22 Cadmium, Dissolved $
B23 Cadmium, Solid $
B24 Cadmium, STLC/TTLC $
B25 Cadmium, Total Recoverable $
B26 Calcium, Dissolved $
B27 Calcium, Solid $
B28 Calcium, Total Recoverable $
B29 Chromium (VI) $
B30 Chromium (VI) STLC/TTLC $
B31 Chromium, Dissolved $
B32 Chromium, Solid $
B33 Chromium, STLC/TTLC $
B34 Chromium, Total Recoverable $
B35 Cobalt, Dissolved $
B36 Cobalt, Solid $
B37 Cobalt, STLC/TTLC $
B38 Cobalt, Total Recoverable $
B39 Copper, Dissolved $
B40 Copper, Solid $
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TESTING SERVICES
28 Item
No. Metals Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
B41 Copper, STLC/TTLC $
B42 Copper, Total Recoverable $
B43 Iron, Dissolved $
B44 Iron, Solid $
B45 Iron, Total Recoverable $
B46 Lead, Dissolved $
B47 Lead, Solid $
B48 Lead, STLC/TTLC $
B49 Lead, Total Recoverable $
B50 Magnesium, Dissolved $
B51 Magnesium, Solid $
B52 Magnesium, Total Recoverable $
B53 Manganese, Dissolved $
B54 Manganese, Solid $
B55 Manganese, Total Recoverable $
B56 Mercury, Dissolved $
B57 Mercury, Methyl $
B58 Mercury, Solid $
B59 Mercury, STLC/TTLC $
B60 Mercury, Total Recoverable $
B61 Molybdenum, Dissolved $
B62 Molybdenum, Solid $
B63 Molybdenum, STLC/TTLC $
B64 Molybdenum, Total Recoverable $
B65 Nickel, Dissolved $
B66 Nickel, Solid $
B67 Nickel, STLC/TTLC $
B68 Nickel, Total Recoverable $
B69 Phosphorus, Solid $
B70 Potassium, Dissolved $
B71 Potassium, Solid $
B72 Potassium, Total Recoverable $
B73 Selenium, Dissolved $
B74 Selenium, Solid $
B75 Selenium, STLC/TTLC $
B76 Selenium, Total Recoverable $
B77 Silver, Dissolved $
B78 Silver, Solid $
B79 Silver, STLC/TTLC $
B80 Silver, Total Recoverable $
B81 Sodium Absorption Ratio $
B82 Sodium, Dissolved $
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TESTING SERVICES
29 Item
No. Metals Description Test Method
In House
Testing
Outside
Lab
Testing
Days to
Analyze Unit Price
B83 Sodium, Solid $
B84 Sodium, Total Recoverable $
B85 Strontium 90 $
B86 Strontium, Solid $
B87 Strontium, Total Recoverable $
B88 Thallium, Dissolved $
B89 Thallium, Solid $
B90 Thallium, STLC/TTLC $
B91 Thallium, Total Recoverable $
B92 Titanium, Total Recoverable $
B93 Titaniumn, Solid $
B94 Uranium, Total Recoverable $
B95 Vanadium, Dissolved $
B96 Vanadium, Solid $
B97 Vanadium, STLC/TTLC $
B98 Vanadium, Total Recoverable $
B99 Zinc, Dissolved $
B100 Zinc, Solid $
B101 Zinc, STLC/TTLC $
B102 Zinc, Total Recoverable $
ePay 1% Rebate (See Bid Form A for this option) $ -( )
Metals Total Items B1 – B102: $
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TESTING SERVICES
30 MICROBIOLOGY TESTING
Item
No.

Microbiology
Description Test Method In House Testing
Out of Lab
Testing
Days to
Analyze Unit Price
C1 E. coli (MPN) $
C2 E. coli (Presence/Absence) $
C3 Fecal Coliform (MPN) $
C4 Heterotrophic Plate Count $
C5 Total Coliform (MPN) $
C6 Total Coliform (Presence/Absence) $
C7 Yeast and Mold $

CALCULATIONS
Item
No.

Calculations
Description
Test
Method
In House
Testing
Out of Lab
Testing
Days to
Analyze Unit Price
D1 Aggressive Index $
D2 Anion/Cation Balance $
D3
Hardness (as CaCO3), by Ca and Mg
calculation $
D4 Langelier Saturation Index $
D5 Ryznar Stability Index $
D6
Total Organic Nitrogen (TON) Caluclation
including analysis of NH3-N and TKN $

SERVICES
Item
No.

Services
Description Unit Price
E1 Courier $
E2 Rush $
E3 Sample Disposal $
E4 Sample Preparation $
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31 WASTEWATER WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS A. ACUTE TOXICITY TESTING
Species Parameter Minimum Sampling
Frequency
Required Analytical
Test Method Unit Price
Ceriodaphnia dubia
Survival &
reproduction 1/Quarter EPA-821-R-02-012 $
Pimephales Promelas
Larval survival
& growth As Needed EPA-821-R-02-012 $
Selenastrum captricornutum growth As Needed EPA-821-R-02-012 $ B. CHRONIC TOXICITY TESTING
Species Parameter Minimum Sampling
Frequency
Required Analytical
Test Method Unit Price
Ceriodaphnia dubia
Survival &
reproduction 1/Quarter EPA-821-R-02-013 $
Pimephales Promelas
Larval Survival
& growth As Needed EPA-821-R-02-013 $
Selenastrum captricornutum Growth As Needed EPA-821-R-02-013 $ *Measured as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

STORMWATER WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS A. ACUTE TOXICITY TESTING
Species Parameter Minimum Sampling
Frequency
Required Analytical
Test Method Unit Price
Ceriodaphnia dubia
Survival &
Reproduction As Needed EPA-821-R-02-012 $
Hyalella azteca
96-hr Reference
Toxicant Test As Needed EPA100.1 $
Hyalella azteca
96-hr Static
Renewal Screen As Needed EPA-821/R-02-012 $
Hyalella azteca
96-hr Reference
Toxicant As Needed EPA-821-R-02-012 $
Oncrhynchus mykiss
Survival &
Reproduction As Needed EPA-821-R-02-012 $
Pimephales Promelas
Survival &
growth As Needed EPA-821-R-02-012 $
Selenastrum captricornutum Growth 1/Quarter EPA-821-R-02-012 $ #21..
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32 B. CHRONIC TOXICITY TESTING
Species Parameter Minimum Sampling
Frequency
Required Analytical
Test Method Unit Price
Ceriodaphnia dubia
Survival,
reproduction &
sediment 1/Quarter
EPA-821-R-02-013,
EPA 600/R-99-064 $
Hyalella azteca
10 Day Sediment
exposure As Needed EPA 600/R-99-064 $
Pimephales Promelas
Larval survival,
growth &
sediment As Needed
EPA-821-R-02-013,
EPA 600/R-99-064 $
Selenastrum captricornutum growth As Needed EPA-821-R-02-013 $ *Measured as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

CHRONIC TOXICITY TESTING DILUTION SERIES

FOR TRE MONITORING
Sample
Dilutions (%) Controls
100 75 50 25 12.5
Receiving
Water
Laboratory
Water
% Effluent 100 75 50 25 12.5 0 0
% Receiving Water 0 25 50 75 87.5 100 0
% Laboratory Water 0 0 0 0 0 0 100
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33 Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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34 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications, or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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35 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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TESTING SERVICES
36 Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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37 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract, or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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TESTING SERVICES
39 BID FORM G - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

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

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

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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40 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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TESTING SERVICES
41 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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42 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

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

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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43 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications, and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include Environmental Laboratory Accreditation Program (ELAP) and/or NELAC if required by California regulations.

C. Electronic Data Submission: Bidder shall provide verification of electronic data submission describing your laboratory’s capabilities for electronic submission into LIMS. CONTRACTOR is to work with City of Modesto to ensure the Electronic Data Submission file with comma separated value is formatted for entry into CITY’s LIMS.

Electronic Data Submission Example:
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TESTING SERVICES
44 D. Management Services:

1. Client Services:

Bidder shall provide the name, qualifications, and work history for the client project manager responsible to oversee this account.

2. Principle Analysts:

Bidder shall provide the names and qualifications of each Principal Analyst conducting each method of testing.

3. Laboratory Audit:

The CONTRACTOR and subcontract laboratories shall have participated in at least one on-site audit conducted by a 3rd party regulatory agency within the past three (3) years. The CONTRACTOR shall provide a copy of the most recent external audit report for all laboratories performing analyses under this agreement. The CITY reserves the right to conduct a site inspection of any laboratory as part of this process.
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
45 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A
Bidder Company Name:
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
46 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The Utilities Department, Wastewater Services Division, is requesting laboratory analytical testing services for stormwater and wastewater, on an “as needed basis” throughout the year, for the City’s various National Pollution Discharge Elimination System (NPDES) permits.

In addition to NPDES testing requirements, the City also requests analytical testing Minimum Levels (MLs) established under the State Water Resources Control Boards’ (SWRCB) Policy for Implementation of Toxic Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP).

The successful Contract Laboratory shall furnish all labor, materials, travel or (courier) expenses, test results, equipment, and insurance necessary to perform the services outlined in this Invitation to Bid (IFB).

The successful Bidder must maintain certifications by the Environmental Laboratory Accreditation Program (ELAP) and all samples must be processed and analyzed according to accredited methods, where applicable (see section 1.2 ADDITIONAL SPECIFICATIONS).

The CONTRACTOR may subcontract out the analysis of samples to outside laboratories as needed. The subcontracted laboratory must maintain certification through ELAP, and all samples must be processed and analyzed according to accredited methods (see Section 1.2 ADDITIONAL SPECIFICATIONS). The Bidder must notify the designated City Representative in writing if samples will be sent to an outside laboratory (see Section 1.7 SUBCONTRACTORS).

Bidders shall provide a copy of both their and any intended subcontracted company’s ELAP certificate.

1.2 ADDITIONAL SPECIFICATIONS:

A. Discharge Monitoring Report Quality Assurance (DMRQA): The bidder must comply with DMRQA requirements annually.

B. All samples shall be analyzed following the analytical methods described in the Code of Federal Regulations under 40 CFR; or by methods approved by Central Valley Regional Water Board.

C. MDL’s and ‘flags’ are required for reporting and will be utilized in compliance with the Contract Laboratory’s Quality Assurance/Quality Control Policy.

1.3 SAMPLE PICKUP:

A. CONTRACTOR or courier service awarded by this IFB, shall pick up at no extra cost, all samples within twenty-four (24) hours of receipt of City’s request, with the exception of those resulting from Toxicity testing which must be picked up within the time frame designated by CITY staff. #21..
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
47 1.4 TEST RESULTS:

A. All test results shall be delivered to the CITY within fourteen (14) calendar days from the initial request date. In the event of a delay in delivery, the City of Modesto, Wastewater Laboratory Supervisor, or her designee, must be notified by email as early as the delay is known but not later than the original due date.

B. Rush turnaround time deadlines may occur. Deadlines of such occurrences will be negotiated at time of request.

C. Test results shall be sent electronically and include the PDF of Certificate of Analysis and the Electronic Data Submission for LIMS (see Electronic Data Submission Section).

1.5 LOCATION ADDRESS:

Sample pickup shall be made at the following address:

City of Modesto
Utilities Department | Wastewater Division
Water Quality Control Facility
1221 Sutter Ave.

Modesto, CA 95351

1.6 MANAGEMENT SERVICES:

A. Client Services:

The CONTRACTOR shall assign an experienced project manager to this account. All services called for in this IFB shall be performed under his or her direction. Provide the name, qualifications, and work history for the client project manager responsible to oversee this account.

B. Principal Analysts:

Provide the names and qualifications of each Principal Analyst conducting each method of testing.

C. Laboratory Audit:

1.7 SUBCONTRACTORS:

Before the start of any job, the CONTRACTOR shall provide the names and location of the place of business for each subcontractor that shall perform work or labor or render service to the CONTRACTOR. All subcontractors shall be licensed and or certified by the State of California and shall be held to the same standards as the CONTRACTOR.
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INVITATION FOR BIDS # 2223-21

ANALYTICAL LABORATORY

TESTING SERVICES
48 1.8 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement. #21..
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49 SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #21..
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50 insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
[TBD – Insert Pricing Table Here]

2. CITY REPRESENTATIVE:

CITY Representative is:
________________________ ____________________________
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR REPRESENTATIVE:

CONTRACTOR: ___________________ ________________________ #21..
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51 4. TERM OF AGREEMENT:

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

Year 1: June 11, 2023 through June 10, 2024
Year 2: June 11, 2024 through June 10, 2025
Year 3: June 11, 2025 through June 10, 2026
Year 4: June 11, 2026 through June 10, 2027
Year 5: June 11, 2027 through June 10, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate #21..
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52 of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax, and total
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54 7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
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55 c. IFB No. 2223-21;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; #21..
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56 d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the #21..
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57 date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by #21..
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58 CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

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

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

19. QUANTITIES: No minimum or maximum is guaranteed or implied.

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

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. #21..
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60 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use. #21..
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61 25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER:

30. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
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62 31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. 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.
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63 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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Chemistry Description Test Method
In House
Testing
Outside Lab
Testing
Days To
Analyze Unit Price Test Method
In House
Testing
Outside Lab
Testing Days To Analyze Unit Price
Alpha Labs, Inc
Livermore, CA Fresno, CA
Moore Twining Associates

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB 2223-21 ANALYTICAL LABORATORY TESTING SERVICES
A1 1,1,1 Trichloroethane X X 10 $ 135.00
A2 1,1,2,2-Tetrachloroethane X X 10 A1
A3 1,1,2·Trichloroethane X X 10 A1
A4 1,1,2-Trichloro-1,2,2-Trifluoroethane X X 10 A1
A5 1,1-Dichloroethene X X 10 A1 EPA 624.1
3 $ 95.00 8260 B
A6 1,2,3,4 ,6,7,8-HeptaCDD X NB
A7 1,2,3,4,6,7,8-HeptaCDF X NB
A8 1,2,3,4,7,8,9-HeptaCDF X NB
A9 1,2,3,4,7,8-HexaCDD X NB
A10 1,2,3,4,7,8-HexaCDF X NB
A11 1,2,3,6,7,8-HexaCDD X NB
A12 1,2,3,6,7,8-HexaCDF X NB
A13 1,2,3,7,8,9-HexaCDD X NB
A14 1,2,3,7,8,9-HexaCDF X NB
A15 1,2,3,7,8-PentaCDD X NB EPA 1613
A16 1,2,4-Trichlorobenzene X 8260 B X 10 A1
A17 1,2-Benzanthracene X 625.1 A22
A18 1,2-Dibromo-3-chloropropane (DBCP) X 501.4 X 10 $ 32.50 A19 1,2-Dichlorobenzene X 8260 B X 10 A1
A20 1,2-Dichloroethane X 8260 B X 10 A1
A21 1,2-Dichloropropane X 8260 B X 10 A1
A22 1,2-Diphenylhydrazine X 625.1 X 10 $ 160.00
A23 1,3·Dichloropropene X 8260 B X 10 A1
A24 1,3-Dichlorobenzene X 8260 B X 10 A1
A25 1,4-Dichlorobenzene X 8260 B X 10 A1 EPA 624.16
365 $ 550.00
A26 2,3,4,6,7,8-HexaCDF X NB
A27 2,3,4,7,8-PentaCDF X NB
A28 2,3,7,8-TCDD (Dioxin) X 1613B X 15 $ 305.00
A29 2,3,7,8-TetraCDD X NB
A30 2,3,7,8-TetraCDF X NB
A31 2,4,5-T X 515.4 X 15 $ 175.00
A32 2,4,5-TP (Silvex) X 515.4 X 15 A31 EPA 1613
EPA 515.3 7 $ 125.00
A33 2,4,6-Trichlorophenol X 625.1 X 10 A22
A34 2,4-D X 515.4 X 15 A31
A35 2,4-DB X 515.4 X 15 A31
A36 2,4-Dichlorophenol X 625.1 X 10 A22
A37 2,4-Dimethylphenol X 625.1 X 10 A22
A38 2,4-Dinitrophenol X 625.1 X 10 A22
A39 2,4-Dinitrotoluene X 625.1 X 10 A22
A40 2,6-Dinitrotoluene X 625.1 X 10 A22
A41 2-Chloroethyl vinyl ether X 8260B X 10 A1
A42 2-Chloronaphthalene X 625.1 X 10 A22
A43 2-Chlorophenol X 625.1 X 10 A22
A44 2-Methyl-4,6-dinitrophenol X 625.1 X 10 A22
A45 2-Nitrophenol X 625.1 X 10 A22
A46 3,3-Dichlorobenzidine X 625.1 X 10 A22
A47 3,4-Benzofluoranthene X 625.1 X 10 A22
A48 4,4'-DDD X 8081A X 10 $ 135.00
A49 4,4'-DDE X 8081A X 10 A48
A50 4,4'-DDT X 8081A X 10 A48
A51 4,6 Dinitro-2-methylphenol X 625.1 X 10 A22
A52 4-Bromophenyl phenyl ether X 625.1 X 10 A22
A53 4-Chloro-3-methylphenol X 625.1 X 10 A22
A54 4-Chlorophenyl phenyl ether X 625.1 X 10 A22
A55 4-Nitrophenol X 625.1 X 10 A22
A56 625 Phenols X 625.1 X 10 A22
A57 Acenaphthene X 625.1 X 10 A22
A58 Acenaphthylene X 625.1 X 10 A22
A59 Acrolein X 624.1 X 10 $ 135.00
A60 Acrylonitrile X 624.1 X 10 A59
A61 Alachlor X 525.2 X 10 $ 135.00
A62 Aldrin X 8081A X 10 A48
A63 Alkalinity, Bicarbonate X 28 $ 10.00 SM2320B X 10 $ 30.00 A64 Alkalinity, Carbonate X 28 $ 10.00 SM2320B X 10 A63 A65 Alkalinity, Hydroxide X 28 $ 10.00 SM2320B X 10 A63 A66 Alkalinity, Total X SM2320B X 10 A63
A67 alpha-Endosulfan X 8081A X 10 A48
A68 alpha-Hexachlorocyclohexane (BHC) X 8081A X 10 A48
A69 Ammonia (as N) SM4500 X 28 350.1 X 10 $ 40.00
A70 Anthracene 625.1 X 325.1 X 10 A22
A71 Asbestos EPA 100.1 X 2 $ 300.00 100.0 (MFL) X 15 $ 300.00 EPA 625.1
7 $ 150.00
608.3 7 $ 125.00
28 SM2320B
608.3 $ 10.00
$ 35.00
A72 Asbestos, STLC/TTLC X 2 NB
A73 Atrazine X 525.2 X 10 A61
A74 Bentazon X 515.4 X 15 A31
A75 Benzene X 624.1 X 10 A59
A76 Benzidine X 625.1 X 10 A59
A77 Benzo(a)anthracene X 625.1 X 10 A22
A78 Benzo(a)pyrene (3,4-Benzopyrene) X 625.1 X 10 A22
A79 Benzo(b)fluoranthene X 625.1 X 10 A22
A80 Benzo(g,h,i)perylene X 625.1 X 10 A22
A81 Benzo(ghi)perylene X 625.1 X 10 A22
A82 Benzo(k)fluoranthene X 625.1 X 10 A22
A83 beta-BHC X 8081A X 10 A48
A84 beta-Endosulfan X 8081A X 10 A48
A85 beta-Hexachlorocyclohexane X 8081A X 10 A48 EPA 100.1 $ 300.00
A86 Biochemical Oxygen Demand (BOD) (5-day @ 2o Deg. C) X 2 8081A X 10 $ 43.00 A87 Bis(2-chloroethoxy) methane X 625.1 X 10 A22
A88 Bis(2-chloroethyl) ether X 625.1 X 10 A22
A89 Bis(2-chloroisopropyl) ether X 625.1 X 10 A22
A90 Bis(2-ethylhexyl) phthalate X 625.1 X 10 A22
A91 Bromoform X 624.1 X 10 A59
A92 Bromomethane X 624.1 X 10 A59
A93 Butyl benzyl phthalate X 625.1 X 10 A22
A94 Butyl benzyl phthalene X 625.1 X 15 $ 210.00
A95 Carbofuran X 7 531.2 X 15 $ 117.00
A96 Carbon tetrachloride X 624.1 X 10 A59
A97 Chemical Oxygen Demand X 28 SM5220 D-2011 X 10 $ 40.00 A98 Chlordane X 8081A X 10 A48
A99 Chlordane-alpha X 8081A X 10 A48
A100 Chlordane-gamma X 8081A X 10 A48
A101 Chloride 300.0 X 28 $ 15.00 300.0 $ 20.00
SM 5210B
$ 35.00
531.1 $ 125.00
SM 5220D $ 25.00
A102 Chloride Dioxide X 1 SM4500CLO2-D X 15 $ 71.50
A103 Chlorobenzene (mono chlorobenzene) X 624.1 X 10 A59 A104 Chloroethane X 624.1 X 10 A59
A105 Chloroform X 624.1 X 10 A59
A106 Chloromethane X 624.1 X 10 A59
A107 Chlorpyrifos (Dursban) X 7 625.1 MOD X 15 $ 210.00 A108 Chrysene X 625.1 X 10 A22
A109 cis-1,2-Dichloroethene X 8260B X 10 A1
A110 Conductivity SM 2510B 28 $ 10.00 SM2510B-1999/2011 X 10 $ 20.00 A111 Cyanazine 8321 X 7 $ 250.00 EPA 525.2 X 15 $ 195.00 8270 SM 4500 $ 10.00
$ 150.00
#21..
- 957 -
Alpha Labs, Inc
Livermore, CA Fresno, CA
Moore Twining Associates

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB 2223-21 ANALYTICAL LABORATORY TESTING SERVICES
A112 Cyanide X 14 9014.0 X 10 $ 65.00
A113 Dalapon X 515.4 X 15 A31
A114 delta-BHC X 8081A X 10 A48
A115 delta-Hexachlorocyclohexane X 8081A X 10 A48
A116 Di(2-ethylhexyl)adipate X 625.1 X 10 A22
A117 Diazinon X 625.1 MOD A107
A118 Dibenzo(a,h)-anthracene X 625.1 X 10 A22
A119 Dibromochloromethane X 624.1 X 10 A59
A120 Dicamba X 515.4 X 15 A31
A121 Dichlorobromomethane X 624.1 X 10 A59
A122 Dichloromethane X 624.1 X 10 A59
A123 Dichlorprop X 515.4 X 15 A31
A124 Dieldrin X 8081A X 10 A48
A125 Diethyl phthalate X 625.1 X 10 A22
A126 Dimethyl phthalate X 625.1 X 10 A22
A127 Di-n-butylphthalate X 625.1 X 10 A22
A128 Di-n-octylphthalate X 625.1 X 10 A22
A129 Dinoseb X 515.4 X 15 A31
A130 Diquat 549.2 X 7 $ 125.00 549.2 X 15 $ 143.00
A131 DOC X 28 SM5310C X 10 $ 50.00
A132 Endosulfan I - alpha X 8081A X 10 A48
A133 Endosulfan II - beta X 8081A X 10 A48
A134 Endosulfan sulfate X 8081A X 10 A48
A135 Endothal X 7 548.1 X 15 $ 130.00
A136 Endrin X 8081A X 10 A48
A137 Endrin Aldehyde X 8081A X 10 A48
A138 Ethylbenzene X 624.1 X 10 A59
A139 Ethylene Dibromide X 504.1 X 10 $ 32.50
A140 Fixed Dissolved Solids X 7 SM2540E-2011 X 10 $ 16.00 A141 Fluoranthene X 625.1 X 10 A22
A142 Fluorene X 625.1 X 10 A22
A143 Fluoride 300.0 X 28 $ 15.00 300.0 X 10 $ 20.00
A144 Foaming Agents (MBAS) SM 5540C X 2 $ 45.00 SM5540C-2000 X 10 $ 43.00 A145 Glyphosate 547 X 7 $ 125.00 547.0 X 15 $ 117.00
A146 Grain Size N/A N/A $ 295.00 NB
A147 Hardness (as CaCO3), by titration X 180 SM2340B-1997/-2011 X 10 $ 30.00 A148 Heptachlor X 8081A X 10 A48
A149 Heptachlor Epoxide X 8081A X 10 A48
A150 Hexachlorobenzene X 625.1 X 10 A22
A151 Hexachlorobutadiene X 625.1 X 10 A22
A152 Hexachlorocyclopentadiene X 625.1 X 10 A22
A153 Hexachloroethane X 625.1 X 10 A22
A154 Indeno(1,2,3-c,d)pyrene X 625.1 X 10 A22
A155 Isophorone X 625.1 X 10 $ 22.00
A156 Lindane (gamma-Hexachlorocyclohexane) X 8081A X 10 A48 A157 MCPA X 538-MDA PESTICIDES X 15 $ 520.00
A158 MCPP X NB
A159 Methoxychlor X 8081A X 10 A48
A160 Methyl-tert-butyl ether (MTBE) X 82620B X 10 A1
A161 Molinate X 525.2 X 10 A61
A162 Molinate (Ordram) X NB
A163 Naphthalene X 625.1 X 10 A22
A164 Nitrate (as N) 300.0 X 2 $ 15.00 300.0 X 10 $ 20.00 A165 Nitrate + Nitrite (as N) 300.0 X 2 $ 15.00 353.2 X 10 $ 40.00 A166 Nitrite (as N) X 2 300.0 X 10 $ 20.00
A167 Nitrobenzene X 625.1 X 10 A22
A168 N-Nitrosodimethylamine X 625.1 X 10 A22
A169 N-Nitroso-di-n-propylamine X 625.1 X 10 A22
A170 N-Nitrosodiphenylamine X 625.1 X 10 A22
A171 OctaCDD X NB
A172 OctaCDF X NB
A173 Oil and Grease 1664 X 28 $ 60.00 1664A X 10 $ 59.00 A174 Ortho Phosphate X 2 SM4500-PE. F-2011 X 10 $ 40.00 A175 Oxamyl X 531.2 X 15 A95
A176 PCB-1016 X 8082.0 X 10 $ 85.00
A177 PCB-1221 X 8082.0 X 10 A176
A178 PCB-1232 X 8082.0 X 10 A176
A179 PCB-1242 X 8082.0 X 10 A176
A180 PCB-1248 X 8082.0 X 10 A176
A181 PCB-1254 X 8082.0 X 10 A176
A182 PCB-1260 X 8082.0 X 10 A176
A183 Pentachlorophenol X 625.1 X 10 A22
A184 pH X 15 MINUTES SM4500-H+B-2011 X 10 $ 15.00
A185 Phenanthrene X 625.1 X 10 A22
A186 Phenol X 625.1 X 10 A22
A187 Phosphorus, Total (as P) X 28 365.4 X 10 $ 40.00
A188 Picloram X 515.4 X 15 A31
A189 Prometryn X 525.2 X 15 $ 195.00
A190 Pyrene X 625.1 X 10 A22
A191 Pyrethroid Pesticides X 8270M X 15 $ 286.00
A192 Simazine (Princep) X 525.2 X 10 A61
A193 Styrene X 8260B X 10 A1
A194 Sulfate 300.0 X 28 $ 15.00 300.0 X 10 $ 20.00
A195 Sulfide (as S) SM 4500 X 14 $ 25.00 SM4500-S F-2011 X 10 $ 60.00 A196 Sulfite (as SO3) SM 4500 X 1 $ 25.00 SM4500 SO3 B X 15 $ 55.00 A197 Tannins/Lignins X 180 NB
A198 Tetrachloroethene X 624.1 X 10 A59
A199 Thiobencarb X 525.2 X 10 A61
A200 Tichlorofluoromethane X 624.1 X 10 A59
A201 TOC X 28 SM5310C $ 50.00
A202 Toluene X 624.1 X 10 A59
A203 Total Dissolved Solids SM 2540C X 7 $ 25.00 SM2540C-1997 X 10 $ 16.00 A204 Total Kjeldahl Nitrogen (TKN) SM 4500 X 28 $ 35.00 351.2 X 10 $ 37.00 A205 Total Organic Carbon SM 5310C X 28 $ 40.00 SM5310 B-2011 X 10 $ 49.00 A206 Total Solids %, MOISTURE SM 25406 X 7 $ 25.00 ASTM D2974 X 10 $ 16.00 A207 Total Suspended Solids SM 2540D X 7 $ 25.00 SM2540 D-2011 X 10 $ 16.00 A208 Total Volatile Solids (TVS) X 7 SM240 E-2011 X 10 $ 16.00 A209 Toxaphene X 8081A X 10 A48
A210 TPH Diesel 8015 X 14 $ 75.00 8015B X 10 $ 59.00
A211 TPH Gas X 14 8015B X 10 $ 59.00
A212 TPH Motor Oil X 8015B X 10 $ 59.00
A213 trans-1,2-Dichloroethylene X 624.1 X 10 A59
A214 Tributyltin X 7 6710B X 15 $ 275.00
A215 Trichlorofluoromethene X 624.1 X 10 A59
A216 Turbidity X 2 180.1 X 10 $ 20.00
A217 Vinyl chloride X 624.1 X 10 A59
A218 Volatile Dissolved Solids 160.4 X 7 $ 35.00 SM240 E-2011 X 10 $ 16.00 A219 Volatile Fatty Acids, Speciated SM 5560 "C" X 7 $ 250.00 SM 5560 "C" X 10 $ 100.00 A220 Volatile Suspended Solids X 7 SM2540 E-2011 X 10 $ 16.00 A221 Xylenes X 624.1 X 10 A59
Total $ 4,490.00 $ 5,436.50
ePay minus 1% Rebate (Option A) $ 44.90 $ -
Total $ 4,445.10 $ 5,436.50
LACLET
$ 45.00
$ 125.00
SM5310C
548.1
SM 2540
SM 2340B
$ 45.00
300.0
$ 15.00
$ 35.00
SM 2540
8015

BATTELLE
SM 2130B
SM 2540C
$ 30.00
SM 5550B $ 45.00
SM5310C $ 40.00
300.0 $ 15.00
SM 4500 $ 10.00
SM 4500 $ 30.00
$ 35.00
$ 75.00
$ 300.00
$ 10.00
$ 25.00
#21..
- 958 -
Alpha Labs, Inc
Livermore, CA Fresno, CA
Moore Twining Associates

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB 2223-21 ANALYTICAL LABORATORY TESTING SERVICES
Metals Description Test Method
In House
Testing
Outside Lab
Testing
Days To
Analyze Unit Price Test Method
In House
Testing
Outside Lab
Testing Days To Analyze Unit Price
B1 Aluminum , Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B2 Aluminum, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B3 Aluminum, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B4 Antimony, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B5 Antimony, Solid 6020 X 180 $ 12.00 601B X 10 $ 12.50 B6 Antimony, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B7 Antimony, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B8 Arsenic, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B9 Arsenic, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B10 Arsenic, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B11 Arsenic, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B12 Barium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B13 Barium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B14 Barium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B15 Barium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B16 Beryllium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B17 Beryllium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B18 Beryllium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B19 Beryllium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B20 Boron, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B21 Boron, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B22 Cadmium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B23 Cadmium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B24 Cadmium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B25 Cadmium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B26 Calcium, Dissolved 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B27 Calcium, Solid 6010 X 180 $ 12.00 6010B X 10 $ 12.50 B28 Calcium, Total Recoverable 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B29 Chromium (VI) 218.6 X 28 $ 45.00 EPA 7196A X 10 $ 50.00 B30 Chromium (VI) STLC/TTLC 218.6 X 28 $ 45.00 EPA 7199 X 15 $ 104.00 B31 Chromium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B32 Chromium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B33 Chromium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B34 Chromium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B35 Cobalt, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B36 Cobalt, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B37 Cobalt, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B38 Cobalt, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B39 Copper, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B40 Copper, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B41 Copper, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B42 Copper, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B43 Iron, Dissolved 200.7 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B44 Iron, Solid 6010 X 180 $ 12.00 6010B X 10 $ 12.50
B45 Iron, Total Recoverable 200.7 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B46 Lead, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B47 Lead, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50
B48 Lead, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B49 Lead, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B50 Magnesium, Dissolved 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B51 Magnesium, Solid 6010 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B52 Magnesium, Total Recoverable 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B53 Manganese, Dissolved 200.7 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B54 Manganese, Solid 6010 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B55 Manganese, Total Recoverable 200.7 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B56 Mercury, Dissolved 245.1 X 28 $ 25.00 200.8 X 10 $ 12.50 B57 Mercury, Methyl 1630 X 180 $ 150.00 X $ -
B58 Mercury, Solid 7741 X 28 $ 25.00 7471A X 10 $ 50.00 B59 Mercury, STLC/TTLC 7741 X 28 $ 25.00 7470A X 10 $ 50.00 B60 Mercury, Total Recoverable 245.1 X 28 $ 25.00 200.8 X 10 $ 12.50 B61 Molybdenum, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B62 Molybdenum, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B63 Molybdenum, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B64 Molybdenum, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B65 Nickel, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B66 Nickel, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B67 Nickel, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B68 Nickel, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B69 Phosphorus, Solid SM 4500 X 180 $ 12.00 EPA 365.4/SM 4500-P X 10 $ 37.00 B70 Potassium, Dissolved 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B71 Potassium, Solid 6010 X 180 $ 12.00 6010B X 10 $ 12.50 B72 Potassium, Total Recoverable 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B73 Selenium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B74 Selenium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B75 Selenium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B76 Selenium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B77 Silver, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B78 Silver, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B79 Silver, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B80 Silver, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B81 Sodium Absorption Ratio 200.7 X 180 $ 40.00 6010B X 10 $ 100.00 B82 Sodium, Dissolved 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B83 Sodium, Solid 6010 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B84 Sodium, Total Recoverable 200.7 X 180 $ 12.00 200.7/6010B X 10 $ 12.50 B85 Strontium 90 905 X 180 $ 195.00 $ -
B86 Strontium, Solid 6010 X 180 $ 12.00 6010B X 10 $ 12.50 B87 Strontium, Total Recoverable 200.7 X 180 $ 12.00 6010B X 10 $ 12.50 B88 Thallium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B89 Thallium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B90 Thallium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B91 Thallium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B92 Titanium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B93 Titaniumn, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B94 Uranium, Total Recoverable 200.8 X 180 $ 12.00 200.8 X 10 $ 12.50 B95 Vanadium, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B96 Vanadium, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B97 Vanadium, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B98 Vanadium, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B99 Zinc, Dissolved 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 B100 Zinc, Solid 6020 X 180 $ 12.00 6010B X 10 $ 12.50
B101 Zinc, STLC/TTLC 6020 X 180 $ 12.00 6010B X 10 $ 12.50 B102 Zinc, Total Recoverable 200.8 X 180 $ 12.00 200.7/200.8/6010B X 10 $ 12.50 Total $ 1,691.00 $ 1,566.00
ePay minus 1% Rebate (Option A) $ 16.91 $ -
Total $ 1,674.09 $ 1,566.00
Item No Microbiology Description Test Method
In House
Testing
Out of Lab
Testing
Days to
Analyze Unit Price Test Method
In House
Testing
Out of Lab
Testing Days to Analyze Unit Price
#21..
- 959 -
Alpha Labs, Inc
Livermore, CA Fresno, CA
Moore Twining Associates

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB 2223-21 ANALYTICAL LABORATORY TESTING SERVICES
C1 E. coli (MPN) SM 9223 X 30 HR $ 30.00 SM9223 X 10 $ 15.00 C2 E. coli (Presence/Absence) SM 9223 X 30 HR $ 15.00 SM9223/COLITAGE X 10 $ 10.00 C3 Fecal Coliform (MPN) SM 9221 X 8 HR $ 40.00 SM9223 X 10 $ 15.00 C4 Heterotrophic Plate Count SIMPLATE X 8 HR $ 40.00 SM9215B X 10 $ 30.00 C5 Total Coliform (MPN) SM 9223 X 30 HR Included SM9223 X 10 $ 30.00 C6 Total Coliform (Presence/Absence) SM 9223 X 30 HR Included SM9223/COLITAGE X 10 $ 20.00 C7 Yeast and Mold N/A X 30 $ 175.00 ** X 20 $ 220.00
Item No Calculations Description Test Method
In House
Testing
Out of Lab
Testing
Days to
Analyze Unit Price Test Method
In House
Testing
Out of Lab
Testing Days to Analyze Unit Price
D1 Aggressive Index AWWA X 180 $ 10.00 X 10 $ 30.00
D2 Anion/Cation Balance VARIOUS X 2 $ 10.00 X 10 $ 30.00 D3 Hardness (as CaCO3), by Ca and Mg calculation VARIOUS X 180 $ 10.00 X 10 $ 30.00 D4 Langelier Saturation Index VARIOUS X 7 $ 10.00 X 10 $ 30.00 D5 Ryznar Stability Index VARIOUS X N/A $ 10.00 X 10 $ 30.00 D6
Total Organic NItrogen (TON) Caluclation including
analysis of NH3-N and TKN SM 4500 X 28 $ 75.00 X 10 $ 30.00 Item No Services Description Unit Price Unit Price
E1 Courier $ - $ 100.00
E2 Rush See Below
E3 Sample Disposal $ 5.00 $ 2.00
E4 Sample Preparation $ 5.00
$165/HR*,
$105.00**
**Culture Legionella pnuemophila identification + serogroups (1;2-14) * $165.00/hr for Bioassay Toxicity Testing (page 31-32) of IFB 2223-21 **Citrate Buffer STLC Extraction
24 Hour TAT: Cost + 200% surcharge
48 Hour TAT: Cost + 100% surcharge
3 Day TAT: Cost + 75% surcharge
5 Day TAT: Cost + 50% surcharge
7 Day TAT: Cost + 25% surcharge
#21..
- 960 -
A. ACUTE TOXICITY TESTING
Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price
Survival &
reproduction 1/Quarter EPA-821-R-02-012 $ 1,300.00
Survival &
reproduction 1/Quarter EPA-821-R-02-012 $ 1,010.00
Larval Survival &
growth As Needed EPA-821-R-02-012 $ 1,300.00
Larval Survival &
growth As Needed EPA-821-R-02-012 $ 950.00
Growth As Needed EPA-821-R-02-012 $ 1,820.00 Growth As Needed EPA-821-R-02-012 $ 1,392.00 $ 4,420.00 $ 3,352.00
B. CHRONIC TOXICITY TESTING
Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price
Survival &
reproduction 1/Quarter EPA-821-R-02-013 $ 2,175.00
Survival &
reproduction 1/Quarter EPA-821-R-02-013 $ 2,770.00
Larval Survival &
growth As Needed EPA-821-R-02-013 $ 2,175.00
Larval Survival &
growth As Needed EPA-821-R-02-013 $ 2,968.00
Growth As Needed EPA-821-R-02-013 $ 1,820.00 Growth As Needed EPA-821-R-02-013 $ 2,397.00 $ 6,170.00 $ 8,135.00
*Measureed as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

Combined Total $ 10,590.00 Combined Total $ 11,487.00
A. ACUTE TOXICITY TESTING
Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price
Survival &
reproduction As Needed EPA-821-R-02-012 $ 1,300.00
Survival &
reproduction As Needed EPA-821-R-02-012 $ 1,010.00
96-hr Reference
Toxicant Test As Needed EPA 100.1 $ 650.00
96-hr Reference
Toxicant Test As Needed EPA 100.1 $ 1,392.00
96-hr Static
Renewal Screen As Needed EPA-821-R-02-012 $ 1,300.00
96-hr Static
Renewal Screen As Needed EPA-821-R-02-012 $ 1,008.00
96-hr Reference
Toxicant As Needed EPA-821-R-02-012 $ 650.00
96-hr Reference
Toxicant As Needed EPA-821-R-02-012 $ 1,392.00
Survival &
reproduction As Needed EPA-821-R-02-012 $ 695.00
Survival &
reproduction As Needed EPA-821-R-02-012 $ 997.00
Survival &
Growth As Needed EPA-821-R-02-012 $ 1,300.00
Survival &
Growth As Needed EPA-821-R-02-012 $ 950.00
Growth 1/Quarter EPA-821-R-02-012 $ 1,820.00 Growth 1/Quarter EPA-821-R-02-012 $ 1,392.00 $ 7,715.00 $ 8,141.00
B. CHRONIC TOXICITY TESTING
Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price Parameter
Minimum
Sampling
Frequency
Required Analytical
Test Method Unit Price
Survival,
reproduction &
sediment 1/Quarter
EPA-821-R-02-013,
EPA 600/R-99-064 $ 2,175.00
Survival,
reproduction &
sediment 1/Quarter
EPA-821-R-02-013,
EPA 600/R-99-064 $ 1,392.00
10 Day sediment
exposure As Needed EPA 600/R-99-064 $ 2,175.00
10 Day sediment
exposure As Needed EPA 600/R-99-064 $ 1,967.00
Larval survival,
growth, &
sediment As Needed
EPA-821-R-02-013,
EPA 600/R-99-064 $ 2,175.00
Larval survival,
growth, &
sediment As Needed
EPA-821-R-02-013,
EPA 600/R-99-064 $ 1,392.00
Growth As Needed EPA-821-R-02-013 $ 1,820.00 Growth As Needed EPA-821-R-02-013 $ 1,392.00 $ 8,345.00 $ 6,143.00
*Measureed as 100/NOEC, 100/LC50, 100/EC25, 100/IC25 and 100/IC50. Results compared to the numeric toxicity monitoring trigger.

Combined Total $ 16,060.00 Combined Total $ 14,284.00

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB 2223-21 ANALYTICAL LABORATORY TESTING SERVICES

WASTEWATER WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS

STORMWATER WHOLE EFFLUENT TOXICITY TESTING REQUIREMENTS Fresno, CA
Species
Ceriodaphnia dubia
Pimephales Promelas
Selenastrum capricornutum
Species
Ceriodaphnia dubia
Pimephales Promelas
Selenastrum capricornutum
Alpha Labs, Inc.

Livermore, CA
Moore Twining Associates
Species
Ceriodaphnia dubia
Pimephales Promelas
Selenastrum capricornutum
Hyalella azteca
Pimephales Promelas
Selenastrum capricornutum
Hyalella azteca
Hyalella azteca
Oncrhynchus mykiss
Species
Ceriodaphnia dubia
Hyalella azteca
2/1/2023
#21..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 25, 2023
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Approve submittal of Homekey 3 Project Application for 710 N. 9th Street, Traveler’s Motel
CONTACT: Edgar R. Garcia, Housing and Urban Development Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street; negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant, approving a letter of commitment to loan to RH Community Builders in the amount of $2,274,923 and $200,000 for staff activity delivery costs from Community Development Block Grant Funds. (Funding Source:

Homekey 3 Funds and HUD Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan, Goal C: Develop a Homelessness and Housing Plan
BACKGROUND:

As an Entitlement community, the City receives funding regularly from the U.S. Department of Housing and Urban Development (HUD) that requires the City, to develop an Annual Action Plan that describes proposed funding priorities for activities funded with Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and American Rescue Plan HOME Investment Partnerships (HOME-ARP). The City additionally qualifies for an annual allocation from the State of California from the Permanent Local Housing Allocation (PLHA), each designated to fund components of the development of affordable housing.

To create a pipeline of affordable housing projects, the City of Modesto released an Affordable Housing Request for Proposal (RFP) on December 14, 2022, to solicit projects that could qualify for the various funding sources the City receives that can be used for the development of affordable housing. This RFP submission deadline on January 25, 2023 was selected to increase the ability for the City and its project applicants to leverage the Notice of Funding Availability #22..
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City Council, May 2, 2023
Approve submittal of Homekey 3.0 Project Application for 710 N. 9th Street, Traveler’s Motel

Page 2 of 4 ends

(NOFA) for the Homekey program which was announced on March 29, 2023. The Round 3 NOFA in the amount of approximately $736 million included approximately $43 million for the San Joaquin Valley. Applications can be submitted beginning in late April and are being accepted on a rolling basis through July 28, 2023, or until funds are exhausted.

DISCUSSION:

The mission of Homekey 3 is to prevent homelessness by rapidly re-housing individuals through the provision of coordinated, compassionate, and high-quality services. Homekey 3 funds must be used to provide housing for individuals and families experiencing homelessness or who are at risk of homelessness. Under Homekey, local entities in partnership with a co-applicant will acquire and rehabilitate a variety of housing types, including but not limited to hotels, motels, hostels, single-family homes, multifamily apartments, adult residential facilities, manufactured housing, and/or to convert commercial properties and other existing buildings to Permanent or Interim Housing for the Target Population.

To apply for funding, the City will coordinate with the local Community System of Care (CSOC) to obtain the following information:
 Racial Disparities Analysis
 Coordinated Entry System (CES)
 Homekey Project information on CSOC Website
 Operating Subsidy (if available)
 Letter of support for need for an operating subsidy- rental subsidies sought for project but not available for this use
 Community Engagement
 Engaging with population to assist with design of the project Proposed Project
RH Community Builders (RHCB) submitted a proposal for the rehabilitation of Traveler’s Motel located at 710 N. 9th Street to serve as a 54-unit permanent supportive housing project that devotes 38 units to serve youth experiencing homelessness and the remaining 18 units will serve the general population experiencing homelessness. The project will consist of tenant improvements on the existing Traveler’s Motel that will rehabilitate the motel and create a sustainable source of permanent supportive housing in the City. The project will complete on-site improvements to City Standards, while providing those in need with a housing service designed with each person’s unique needs.

There will be supportive services onsite and will include case management, peer support activities, mental health services, and linkage to outside community services providers, including physical and dental health care. Further, the service team will be trained in assessing mental health and substance use disorders so clients can be linked to the appropriate services.

This location currently has short to long-term arrangements with 38 households that are precariously housed. If this project is approved for State funding, the project will require these individuals be relocated to another permanent housing opportunity. The City, in partnership with RHCB, submitted a $2,150,000 request to the local Managed Care Plans (local Medi-Cal providers) for funding to cover the cost of permanently relocating these individuals to stable housing, which includes financial support for housing expenses for a period of time based on the #22..
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City Council, May 2, 2023
Approve submittal of Homekey 3.0 Project Application for 710 N. 9th Street, Traveler’s Motel

Page 3 of 4 ends

client’s eligibility. To-date, the City has received a preliminary approval from the local Cal-AIM providers in the amount of $2,150,000 to support the relocation of current residents.

The total project cost is $23,200,000 and staff is seeking approval to apply for a grant application in partnership with RHCB to the Homekey 3 program, for a total funding request of up to $17,000,000 in acquisition/ rehabilitation expenses and operating subsidies. To assist with the remaining funding gap, the City is recommending the approval of a letter of commitment to loan $2,274,923, and the City has received approval from the Community System of Care (CSOC) for an allocation of $1,775,077; together, both allocations fill the funding gap to support the development of the project. If the grant is awarded, which is expected to be announced in summer 2023, staff will bring agreements and associated requirements from HCD back for Council approval to formally accept the award.

The total ask for Project Homekey funds is $17,000,000. The State required Resolution specifies that project applicants seek double the total ask, which is $34,000,000 in case additional funding becomes available through the scoring process by HCD as outlined in the State Resolution’s Notice and Instructions.

FISCAL IMPACT:

The total estimated cost of the project is approximately $23,200,000 which includes all associated expenses including acquisition, relocation, rehabilitation, and operation expenses. The table below includes the expenditure details:

Funding Sources Amount
Homekey 3 Funding $17,000,000
City Allocation (CDBG Funds) $2,274,923
Health Plan Allocation $2,150,000
Community System of Care (CSOC) Allocation $1,775,077
TOTAL $23,200,000
Should the City be successful in securing the grant from the State of California’s Department of Housing and Community Development a new project will be created and staff will bring agreements and associated requirements from HCD back for Council approval to formally accept the award. Additionally, the City will include an allocation of $200,000 in staff activity delivery expenses, which will be paid for with CDBG Funds. There will be no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Citizens Housing and Community Development Committee on April 20, 2023 and was approved to forward to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) and negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant.
#22..
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City Council, May 2, 2023
Approve submittal of Homekey 3.0 Project Application for 710 N. 9th Street, Traveler’s Motel

Page 4 of 4 ends

Resolution of the governing body of the City of Modesto authorizing joint application to and participation in the Homekey program.

Resolution approving a letter of commitment to loan to RH Community Builders in an amount up to $2,274,923 in Community Development Block Grant Funds to assist with the acquisition and rehabilitation of 710 N. 9th Street, and $200,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements.

Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget in the amount of $19,474,923 to establish a project for the Homekey 3 Program to be funded with Homekey 3 and Community Development Block Grant (CDBG) Grants and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Approved by: ___________________________
Jessica Hill, Interim Director of Community and Economic Development ____________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Resolution – Required by State

3. Resolution – Loan Approval

4. Resolution – Establishing Homekey 3 Project
#22..
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5/2/2023/C&ED/JHill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOUTION APPROVING THE CITY OF MODESTO’S HOMEKEY 3
PROJECT APPLICATION FOR THE PROJECT LOCATED AT 710 N. 9TH

STREET, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

SUBMIT THE APPLICATION, APPLICABLE DOCUMENTATION, WITH

ALTERATIONS AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT (HCD), AND NEGOTIATE

AND EXECUTE ANY RELATED PROGRAM AGREEMENTS OR DOCUMENTS

REQUIRED FOR THE IMPLEMENTATION AND ACCEPTANCE OF
HOMEKEY 3 PROGRAM GRANT
WHEREAS, as an Entitlement community, the City receives funding regularly from the U.S. Department of Housing and Urban Development (HUD) that requires the City, to develop an Annual Action Plan that describes proposed funding priorities for activities funded with Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and American Rescue Plan HOME Investment Partnerships (HOME-ARP), and
WHEREAS, the City also qualifies for an annual allocation from the State of California from the Permanent Local Housing Allocation (PLHA), each designated to fund components of the development of affordable housing, and WHEREAS, the City of Modesto released an Affordable Housing Request for Proposals (RFP) on December 14, 2022, to solicit projects that could qualify for the various funding sources that the City receives that can be used for the development of affordable housing, and
WHEREAS, the RFP was aligned with the timeline for a potential Homekey project that the City can leverage with a partner organizations and the Notice of Funding Availability (NOFA) for the Homekey program opened on March 29, 2023, and #22..
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5/2/2023/C&ED/JHill 2 2023-
WHEREAS, the Round 3 NOFA in the amount of approximately $736 million was announced with approximately $43 million allocated for the San Joaquin Valley, and WHEREAS, applications are available to be submitted beginning in late April and are being accepted on a rolling basis through July 28, 2023, or until funds are exhausted, and
WHEREAS, the mission of Homekey 3 is to prevent homelessness by rapidly rehousing individuals through the provision of coordinated, compassionate, and highquality services; Homekey 3 funds must be used to provide housing for individuals and families experiencing homelessness or who are at risk of homelessness, and WHEREAS, under Homekey, local entities in partnership with a co-applicant (City of Modesto) will acquire and rehabilitate a variety of housing types, including but not limited to hotels, motels, hostels, single-family homes, multifamily apartments, adult residential facilities, manufactured housing, and/or to convert commercial properties and other existing buildings to Permanent or Interim Housing for the Target Population, and WHEREAS, the proposed project is in partnership with RH Community Builders (RHCB) for the rehabilitation of Traveler’s Motel located at 710 N. 9th Street to serve as a 54-unit permanent supportive housing project that devotes 38 units to serve youth experiencing homelessness and the remaining 18 units will serve the general population that is experiencing homelessness, and
WHEREAS, the project will consist of tenant improvements on the existing Traveler’s Motel that will modernize the motel, create a sustainable source of permanent supportive housing in the City of Modesto. The project will beautify the site, and provide #22..
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5/2/2023/C&ED/JHill 3 2023-
those in need with a housing service that is designed with each person’s unique needs in mind, and
WHEREAS, on site, there will be supportive services that will help clients reach their housing goals. Supportive services will include case management, peer support activities, housing skill development, and linkage to outside community services providers, including physical and dental health care, and WHEREAS, this location currently has short to long-term arrangements with several individuals that are precariously housed – and if this project is approved for State funding, the project will require that these individuals be relocated to another permanent housing opportunity, and
WHEREAS, The City, in partnership with RHCB, submitted a $2.15 million request to Cal-AIM providers for funding to cover the cost of permanently relocating these individual to new stable housing, including the cost of that housing through December 31, 2023. To-date, the City has received a preliminary approval from the local Cal-AIM providers in the amount of $2,150,000 to support the relocation of current residents, and
WHEREAS, the total project cost is $23,200,000 and staff is seeking approval to apply for a grant application in partnership with RHCB to the Homekey 3 program, for a total funding request of up to $17,000,000 in acquisition/ rehabilitation expenses and operating subsidies, and
WHEREAS, to assist with the gap, the City is recommending the approval of a letter of commitment to allocate $2,274,923. The City has received approval from the Community System of Care (CSOC) for an allocation of $1,775,077; together, both #22..
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5/2/2023/C&ED/JHill 4 2023-
allocations fill the gap to support the development of the project. If the grant is awarded, which is expected to be announced in summer 2023, staff will bring agreements and associated requirements from HCD back for Council approval to formally accept the award, and
WHEREAS, the total ask for Project Homekey funds is $17,000,000 and the State required Resolution specifies an amount of $34,000,000 or double the total ask in case additional funding becomes available through the scoring process by HCD as outlined in the State Resolution’s Notice and Instructions, and
WHEREAS, the total estimated cost of the project is approximately $23,200,000 which includes all associated expenses including acquisition, relocation, rehabilitation, and operation expenses, as shown in the table below, and Funding Source Amount
Homekey 3 Funding $17,000,000
City Allocation (NSP Loan Conversion) $2,274,923
Health Plan Allocation $2,150,000
Community System of Care (CSOC) Allocation $1,775,077
TOTAL $23,200,000
WHEREAS, should the City be successful in securing the grant from the State of California’s Department of Housing and Community Development a new fund will be created and there will be no impact to the General Fund, and WHEREAS, additionally, the City will include an allocation of $200,000 in activity delivery expenses, and
WHEREAS, this item was presented to the Citizens Housing and Community Development Committee on April 20, 2023 and was approved to forward to the City Council for approval, and
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5/2/2023/C&ED/JHill 5 2023-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) and negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute any documents necessary to carry out the provisions of the Resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023 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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AUTHORIZING RESOLUTION
RESOLUTION NO. 2023-

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MODESTO

AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY

PROGRAM
WHEREAS:

A. The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

B. City of Modesto (“Co-Applicant”) desires to jointly apply for Homekey grant funds with RHCB Development LP (“Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

THEREFORE, IT IS RESOLVED THAT:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $34,000,000.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $34,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
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4. City Manager, or his designee, is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.

PASSED AND ADOPTED this 2nd day of May 2023, by the following vote:

AYES: [ #_] NAYES: [ #_] ABSTAIN: [ #_] ABSENT: [ #_]
The undersigned, Diane Nayares-Perez of Co-Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: ________________________ DATE: _____________________ NAME: ____Diane Nayares-Perez_______ TITLE: ____City Clerk___ [NOTICE AND INSTRUCTIONS APPEAR ON THE FOLLOWING PAGE]
#22..
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NOTICE AND INSTRUCTIONS

1. Notice. The Department is providing this template Authorizing Resolution as informational guidance only. The Department encourages each Co-Applicant to consult with professional legal counsel during the development of its own formal, legally binding statement that it is authorized to apply to and participate in the Homekey Program.
a. Please note, however, that any limitations or conditions on the authority of the signatory or signatories to execute the Application or the Homekey Documents may result in the Department rejecting the Authorizing Resolution.

2. Accuracy, Verification. The Department will verify that this Authorizing Resolution comports with the legal authority and composition of Co-Applicant’s governing body.

Co-Applicant must timely notify the Department, in writing, of any factors that limit its ability to provide an Authorizing Resolution which is materially in line with this template.

3. Dollar Amounts of Grant Awards. The Department recommends identifying an authorized dollar amount that is at least double the anticipated award (based on current formula calculations). Award amounts are subject to change. If Co-Applicant is ultimately awarded an amount in excess of the amount identified in the Authorizing Resolution, the Department will require a new Authorizing Resolution from CoApplicant before execution of a Standard Agreement.

4. Authorized Signatory or Signatories, Designee. Co-Applicant, as a state, regional, or local public entity, may designate an authorized signatory by title only. In addition, Co-Applicant may authorize multiple signatories, so long as there is clarifying language as to whether the signatories are authorized to execute the Homekey Documents individually or collectively. In addition, Co-Applicant may authorize a designee of the authorized signatory to execute the Homekey Documents. In such case, Co-Applicant must append a supporting document (e.g., memorandum, meeting notes of official action), which indicates the name and title of the designee who is authorized to legally bind the governing body.

5. Vote Count. Please fill out the field by every voting category (i.e., Ayes, Nayes, Abstain, Absent). If none, please indicate zero (0) for that field. The vote count must comport with the legal authority and membership of the Co-Applicant’s governing body.

6. Certification of Authorizing Resolution. The individual who certifies the Authorizing Resolution cannot also be authorized to execute the Homekey Documents on behalf of Co-Applicant.
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05/02/2023/C&ED/JHill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A LETTER OF COMMITMENT TO LOAN TO RH COMMUNITY BUILDERS IN AN AMOUNT UP TO $2,274,923 IN COMMUNITY

DEVELOPMENT BLOCK GRANT FUNDS TO ASSIST WITH THE
ACQUISITION AND REHABILITATION OF 710 N. 9TH STREET, AND $200,000

FOR STAFF ACTIVITY DELIVERY COSTS, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Modesto is an entitlement community as designated by the Department of Housing and Urban Development (HUD) within its Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program (HOME) programs, and American Rescue Plan HOME Investment Partnerships (HOME-ARP), and
WHEREAS, the City additionally qualifies for an annual allocation from the State of California from the Permanent Local Housing Allocation (PLHA), each designated to fund components of the development of affordable housing, and WHEREAS, the City of Modesto released an Affordable Housing Request for Proposal (RFP) on December 14, 2022, to solicit projects that could qualify for the various funding sources that the City receives that can be used for the development of affordable housing, and
WHEREAS, Round 3 NOFA in the amount of approximately $736 million was announced with approximately $43 million allocated for the San Joaquin Valley with Applications available to be submitted beginning in late April and are being accepted on a rolling basis through July 28, 2023, or until funds are exhausted, and #22..
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05/02/2023/C&ED/JHill 2 2023-
WHEREAS, the mission of Homekey 3 is to prevent homelessness by rapidly rehousing individuals through the provision of coordinated, compassionate, and highquality services, and WHEREAS, Homekey 3 funds must be used to provide housing for individuals and families experiencing homelessness or who are at risk of homelessness, and WHEREAS, under Homekey, local entities in partnership with a co-applicant (City of Modesto) will acquire and rehabilitate a variety of housing types, including but not limited to hotels, motels, hostels, single-family homes, multifamily apartments, adult residential facilities, manufactured housing, and/or to convert commercial properties and other existing buildings to Permanent or Interim Housing for the Target Population, and WHEREAS, the City will coordinate with the local Community System of Care (CSOC) to obtain the following information, for; Financial Contribution, Racial Disparities Analysis, Coordinated Entry System (CES), Homekey Project information on CSOC Website, Operating Subsidy, Letter of support for need for an operating subsidyrental subsidies sought for project but not available for this use, Community Engagement, Engaging with population to assist with design of the project, and WHEREAS, RH Community Builders (RHCB) submitted their proposal for the rehabilitation of Traveler’s Motel located at 710 N. 9th Street to serve as a 54-unit permanent supportive housing project that devotes 38 units to serve youth experiencing homelessness and the remaining 18 units will serve the general population that is experiencing homelessness, and
WHEREAS, the project will consist of Tenant Improvements on the existing Traveler’s Motel that will modernize the motel, create a sustainable source of permanent #22..
- 975 -
05/02/2023/C&ED/JHill 3 2023-
supportive housing in the City of Modesto and will bring the site to City standards and provide those in need with a housing service designed with each person’s unique needs, and
WHEREAS, there will be on-site supportive services that will help clients reach their housing goals, such as case management, peer support activities, housing skill development, and linkage to outside community services providers, including physical and dental health care, and the service team will be trained in assessing mental health and substance use disorders so that clients can be linked to the appropriate services, and WHEREAS, the location currently has short to long-term arrangements with several individuals that are precariously housed – and if this project is approved for State funding the project will require that these individuals be relocated to another permanent housing opportunity, and
WHEREAS, the City, in partnership with RHCB, submitted a $2,150,000 request to the local Managed Care Plans (local Medi-Cal providers) for funding to cover the cost of permanently relocating these individuals to stable housing, which includes financial support for housing expenses for a period of time based on the client’s eligibility, and WHEREAS, to-date, the City has received a preliminary approval from the local Managed Care Plans in the amount of $2,150,000 to support the relocation of current tenants, and
WHEREAS, the total project cost is $23,200,000 and staff is seeking approval to apply for a grant application in partnership with RHCB to the Homekey 3 program, for a total funding request of up to $17,000,000 in acquisition/ rehabilitation expenses and operating subsidies, and
#22..
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05/02/2023/C&ED/JHill 4 2023-
WHEREAS, to assist with the funding gap, the City is recommending the approval of a letter of commitment to loan $2,274,923 in CDBG Funds, and the City has received approval from the Community System of Care (CSOC) for an allocation of $1,775,077; together, both allocations fill the gap to support the development of the project, and
WHEREAS, should the City be successful in securing the grant from the State of California’s Department of Housing and Community Development a new project will be created and staff will bring agreements and associated requirements from HCD back for Council approval to formally accept the award.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a letter of commitment to loan to RH Community Builders in an amount up to $2,274,923 in Community Development Block Grant Funds to assist with the acquisition and rehabilitation of 710 N. 9th Street, and $200,000 for staff activity delivery costs.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the letter of commitment in a form approved by the City Attorney.

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
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05/02/2023/C&ED/JHill 5 2023-
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#22..
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05-02-2023/C&ED/JHill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-xxx
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 MULTI-YEAR FUND BUDGET IN THE AMOUNT OF $19,474,923 TO ESTABLISH A PROJECT FOR THE HOMEKEY 3 PROGRAM TO BE FUNDED WITH HOMEKEY 3 AND

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) GRANTS AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, the City of Modesto is applying to receive funding from the State of California Housing and Community Development Department (HCD) in partnership with RH Community Builders (RHCB) for the Homekey 3 program, and WHEREAS, if approved the fiscal year 2022-2023 Multi-Year budget must be amended, and
WHEREAS, the project will be funded with approximately $17,000,000 in Homekey 3 Program funds and $2,274,923 in CDBG funds for property acquisition and capital improvements and $200,000 in CDBG funds for administration, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the fiscal year 2022-2023 multi-year fund budget in the amount of $19,474,923 to establish a project for the Homekey 3 Program to be funded with HCD Homekey 3 Grant funds and CDBG Grant funds.

BE IT FURTHER RESOLVED, that the City Manager or his designee is authorized to take the necessary steps to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, 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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05-02-2023/C&ED/JHill 2 2023-
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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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 2, 2023
Date: April 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: CA Assembly Bill No. 481 Annual Military Equipment Report CONTACT: Joseph Bottoms, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Consider accepting the Modesto Police Department’s annual Military Equipment Report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710), and authorizing the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and promoting trust and transparency with the Citizens on Modesto.

BACKGROUND:

On May 3, 2022, by Ordinance No. 3745-C.S., Council approved the Modesto Police Department’s (MPD) Military Equipment Use Policy (MPD Policy 710) per Assembly Bill 481 (AB481)1 and California Government Code section 7070 et seq. Assembly Bill 481 requires the Modesto Police Department to submit an annual military equipment report to the City Council.

The Modesto Police Department is submitting the annual military equipment report for review to ensure compliance with the Policy and requests City Council consideration to renew the Military Equipment Use Policy.

Per AB481, the Military Equipment Use Policy, is subject to annual City Council review to determine the standards set forth in the policy have been met, based on an annual military equipment report. The City Council may renew the policy, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards. Finally, AB481 requires 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 #23..
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City Council, May 2, 2023
CA Assembly Bill No. 481 Annual Military Equipment Report

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publication of the military equipment use policy and the annual military equipment report on the Department’s website.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to AB481, the law enforcement agency shall hold at least one, well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This public meeting was held on April 22, 2023, from 11 a.m. to 1 p.m. at the Modesto Police Department located at 600 10th Street, Modesto. The meeting was also live streamed on the Modesto Police Department’s Facebook account via YouTube and a recording is posted there in perpetuity.

In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law.

As such, the Modesto Police Department has authored the attached 2022 Military Equipment Report in accordance with annual reporting requirements set forth in AB481. This report covers the usage and reporting requirements for the previous calendar year (2022).

DISCUSSION:

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers with as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The equipment, resources, and training outlined in the report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution.

The Modesto Police Department seeks renewal of MPD’s Military Equipment Use Policy (Policy 710), as per CA Assembly Bill No. 481. This annual report outlines each item identified in Government Code section 70702, that is currently owned by MPD and the City of Modesto.

Staff has reviewed the equipment needs for the Police Department and determined there is a need to purchase additional items that fall under the Military Equipment Use Policy. These items are outlined in the Fiscal Impact section below and are listed in greater detail in Attachment B – Request to Purchase Equipment 2023.

FISCAL IMPACT:

As noted above, the Department has determined there is a need to purchase items in the coming year that fall under the Military Use Policy. The chart below outlines the items, the categories under which they fall, and the estimated cost. If approved, Asset Forfeiture and SLESF funds (Supplemental Law Enforcement Services Fund) will be used to purchase the additional unmanned aerial vehicles (UAV), panel van and needed equipment for a UAV mobile Command Post. These funds are available in both the current fiscal year and next fiscal year. In addition, there is a need to re-stock the supply of distraction devices and less-lethal munitions which will be expended from the Police Department’s Fiscal Year (FY) 22/23 and FY 23/24 operating budget.
2 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&cha pter=12.8.&article=
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City Council, May 2, 2023
CA Assembly Bill No. 481 Annual Military Equipment Report

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Category Item Name Purpose Qty. Estimated
Cost
Category 1:

Unmanned
Aerial Vehicles
(UAV)
DJI Mavic 3
Enterprise –
replaces current
mid-size UAVs that
are "end of life"
3 $20,460
DJI Mini 3 Pro –
replaces outdated
UAVs and is a quick
response UAV that
can get into places
traditional UAVs
cannot
2 $2,500
DJI Matrice 30T –
replaces
outdated/damaged
UAVs and is a
higher resolution
camera, has
increased flight
time, thermal
camera and
improved collision
prevention system.

UAVs are deployed when
their use would assist
officers or Incident
Commanders with the
following situations: major
collision investigations,
search for missing
persons, search and
rescue operations, crowd
control situations,
perimeter
searches/security, nature
disaster management,
crime scene
investigations/photography,
life preservation missions,
requests from partner
agencies, etc.
2 $28,744
Category 5:

Mobile Incident
Command Post
Vehicles (Mobile
CP)
UAV Command
Vehicle - used
panel van and all
needed equipment
to include 2 police
radios, a mobile
data computer
(MDC), 4 television
monitors, a
computer, cradle
points, workbench
system, chairs,
HDMI cables, etc.

To be used based on the
specific circumstances of a
given critical incident, large
event, natural disaster,
community event or for
crime scene management.

This is a smaller command
post can be housed at the
MPD, providing a quicker
response on critical
incidents where UAVs will
be required.
1 $90,000
Category 12:

Flash Bangs,
Tear Gas,
Pepper Balls
7290 Mini
Flashbang – need
to restock current
stock
For use during SWAT
missions and training.

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
24 $1,400
5230 CTS CS Gas
Canister – need to
replenish current
For use during SWAT
missions and training.

Designed to limit the
40 $2,000
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City Council, May 2, 2023
CA Assembly Bill No. 481 Annual Military Equipment Report

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stock escalation of conflict and
improve officer safety in
high-risk situations.
5230 CTS CS
Smoke Canister –
needed to replenish
current stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
12 $444
Category 14:

Projectile
Launch
Munitions and
Platforms
4557 CTS 40MM
Foam Baton (a.k.a.
beanbag shotgun) –
needed to replenish
current stock from
use during Mobile
Field Force, SWAT
mission, and
training.

Less lethal munitions
designed to limit the
escalation of conflict.
50 $1,250
Estimated Total $146,798
COMMITTEE RECOMMENDATION:

This item was presented to the Safety and Communities Committee on April 10, 2023, and the committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023- 2024 and rescinding Ordinance No. 3745-C.S.

Motion accepting the Modesto Police Department’s annual Military Equipment Report. #23..
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Approved by:

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

1. Ordinance

2. 2022 Military Equipment Use Report

3. MPD Policy 710- Military Equipment Use

4. Attachment A – Policy 710- Military Equipment Inventory

5. Attachment B – Equipment Requested to Purchase
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1 ORDINANCE NO. ________

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY (POLICY 710) IN ACCORDANCE WITH AB 481,

APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT THAT QUALIFIES AS “MILITARY EQUIPMENT” IN FISCAL YEAR 2023-2024 AND RESCINDING ORDINANCE NO. 3745-C.S.

WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
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2 WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval; and
WHEREAS, the Modesto City Council approved Ordinance No. 3745-C.S. on May 3, 2022 approving the MPD Military Equipment Use Policy (MPD Policy 710); and WHEREAS, the Modesto City Council has reviewed the annual military equipment report and found that each type of military equipment identified in that report has complied with the standards for approval; and
WHEREAS, MPD staff has conducted a review of the equipment needs for the department and determined that there is a need to purchase additional items that fall under the Military Equipment Use Policy and these items, their uses and cost are outlined in Attachment B; and
WHEREAS, the Modesto Police Department has held a well-publicized community engagement meeting; and
WHEREAS, AB 481 requires an annual renewal of the MPD Military Equipment Use Policy (MPD Policy 710) by ordinance, therefor staff requests Ordinance No. 3745-C.S. be rescinded with the approval of this ordinance.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals within this Ordinance are true and correct and incorporated herein by reference and makes the following findings:

1. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.
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3 2. The City Council finds that the purchase of the requested military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; the use of the equipment under the military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

3. Ordinance No. 3745-C.S. is hereby rescinded.

SECTION 2. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. EFFECTIVE DATE.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.
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4 At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of May, 2023, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney

FINAL ADOPTION CLAUSE
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5 The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of May , 2023, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2023
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Modesto Police Department 2022 Military Equipment Use Report 1 2022 Military Equipment
Use Report
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Modesto Police Department 2022 Military Equipment Use Report 2 Contents
Preface…………………………………………………………………………………………………………. 3
Summary of AB481………………………………………………………………………………………. 4
Introduction…………………………………………………………………………………………………. 6
Definitions……………………………………………………………………………………………………. 7
Summary of Military Equipment………………………………………………………………….. 10 Unmanned Vehicles (UAVs and Robots) ……………………………………………… 10 Armored Vehicles………………………………………………………………………………… 13
Command Post Vehicles……………………………………………………………………….. 14
Firearms……………………………………………………………………………………………….. 16
Flashbangs and Chemical Agents…………………………………………………………… 17 Projectile Launch Munitions and devices………………………………………………. 20 Equipment usage in 2022………………………………………………………………………………… 23 Purchase of Equipment……………………………………………………………………………………. 27 Complaints ……………………………………………………………………………………………………… 28
Policy violations………………………………………………………………………………………………. 29 Conclusion………………………………………………………………………………………………………. 30
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Modesto Police Department 2022 Military Equipment Use Report 3 Preface
The Modesto Police Department is committed to maintaining public safety by providing the highest quality police services to the community we serve. Our Department goal is to reduce crime and the fear of crime.

The equipment listed in this annual report are essential tools that may be required from time to time to aid in deescalating intense situations or bringing volatile conditions and critical incidents to a safe resolution. The mere possession of this equipment does not warrant its use in every circumstance. With this indispensable equipment, the brave men and women of the Modesto Police Department continue to stand ready to accomplish our mission of driving the crime rate down and improving the quality of life in the City of Modesto.
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Modesto Police Department 2022 Military Equipment Use Report 4 Summary:

On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body, City Council, by adoption of a military equipment use policy. The Modesto Department was required to seek City Council approval of their military equipment use policy by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards. Finally, the bill requires publication of the military equipment use policy and the annual military equipment report on the Department’s website.

AB-481, Section 7072 states the following: (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which #23..
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Modesto Police Department 2022 Military Equipment Use Report 5 the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Modesto Police Department has authored the following 2023 Annual Military Equipment Report in accordance with annual reporting requirements set forth in AB-481. This report covers the usage and reporting requirements for the proceeding Calendar year (2022)
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Modesto Police Department 2022 Military Equipment Use Report 6 Introduction:

The Modesto Police Department retains and employs a wide variety of defined military equipment to assist in safely achieving its mission statement of driving the crime rate down and improving the quality of life in the City of Modesto. While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Modesto Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner.

The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment policy is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize defined military equipment to be used in a manner not outlined within Department policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. This Annual Military Equipment Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, and complaints for 2022. #23..
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Modesto Police Department 2022 Military Equipment Use Report 7 Definitions:

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body” means the City Council and Mayor.
“Military equipment” means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of small Unmanned Aerial Vehicles (UAVs) and SWAT robots.

2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition.

3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

4. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition.

5. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this definition.

6. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition. #23..
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Modesto Police Department 2022 Military Equipment Use Report 8 7. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

8. Any firearm or firearm accessory that is designed to launch explosive projectiles.

9. “Flashbang” devices and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld OC. This definition applies to all of the Department’s inventory of flashbangs, pepper ball launchers and related ammunition. Additionally, this definition applies to all of the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit.

10. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bags,” and rubber bullets. This definition applies to all of the Department’s inventory of 40 mm projectile launchers to include 40 mm multi-launchers and bean bag shotguns and associated munitions.

11. “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military equipment use policy” refers to the Modesto Police Department Policy 710 and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
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Modesto Police Department 2022 Military Equipment Use Report 9 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
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Modesto Police Department 2022 Military Equipment Use Report 10 Summary of Military Equipment:

The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Modesto Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law.

The Department strives its utmost to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by Modesto Police Department:

Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time
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Modesto Police Department 2022 Military Equipment Use Report 11 5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera, Cost: $2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera, Cost:
$8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

7. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities.

This UAV is issued to Modesto FD for search and rescue missions b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
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Modesto Police Department 2022 Military Equipment Use Report 12 f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

1. Robotex A00476 Quantity:1 Cost: $20,000 The Robotex Tactical robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations. There is no longer a need to send personnel in before there has been a chance to assess the situation. The robot can navigate various terrain including stairs, grass and clothing. It has two-way audio and video recording capabilities and is remotely operated.

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high threat incidents and is remotely operated.
b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings. c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers #23..
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Modesto Police Department 2022 Military Equipment Use Report 13 trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0.

Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations #23..
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Modesto Police Department 2022 Military Equipment Use Report 14 Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

B. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents C. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

D. Expected life span: All Armored vehicles, 20 years
E. Fiscal impact: Annual maintenance costs are projected to be approximately $20,000
F. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.

G. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. #23..
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Modesto Police Department 2022 Military Equipment Use Report 15 a. Description, quantity, capabilities and purchase cost of current CP vehicles.

This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas. The areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.
c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
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Modesto Police Department 2022 Military Equipment Use Report 16 g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500
f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course #23..
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Modesto Police Department 2022 Military Equipment Use Report 17 g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant
a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity:
2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

3. Pepper ball LIVE projectile, Cost: $2 per projectile Quantity: 3000. The basic pepper ball projectile contains 2% PAVA pepper powder and are designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity: 44 These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations. #23..
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Modesto Police Department 2022 Military Equipment Use Report 18 5. Combined Tactical Systems (CTS)5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25 Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

7. Defense Technology 40mm warning/signaling munition #6029WS Cost $45 each, Quantity: 15. These are 40mm launched
warning/signaling munitions that deliver 170 dB of sound and bright light

8. CTS 40 MM Aerial Warning Signal Flashbang #4090, Cost: $40 each Quantity: 8 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation.

9. CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity:
38 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10.CTS #6210 White Smoke Canister Cost: $35 each, Quantity:18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11.CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a #23..
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Modesto Police Department 2022 Military Equipment Use Report 19 Temporary respiratory effect on non-complaint subjects. These are thrown manually
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers: 20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years
e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $2,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and #23..
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Modesto Police Department 2022 Military Equipment Use Report 20 who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:350. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher Cost: $1000 each, Quantity: 2, The 40mm Single Shot Launcher is a tactical launcher. It will #23..
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Modesto Police Department 2022 Military Equipment Use Report 21 fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

4. LMT 40mm Single shot launcher Cost: $1000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition #4557 Cost $35 each, Quantity 19:

These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

6. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

7. Safariland 40 MM Rubber Baton#6064 Cost: $25 each, Quantity: 6, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

8. Defense technology 40mm Stinger Rubber Ball Rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. (18) 60mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of less lethal weapon systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals
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Modesto Police Department 2022 Military Equipment Use Report 22 5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions:
5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.
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Modesto Police Department 2022 Military Equipment Use Report 23 Equipment Usage 2022:

This section outlines the military equipment usage for 2022. Certain items of military equipment, particularly consumables (munitions, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.
 Several pieces of the listed equipment were used during the Straight Pride 2022 Event that occurred on August 27, 2022. This event was ultimately declared as an unlawful assembly as altercations broke out amongst the attendees. After an unlawful assembly was declared and lawful orders were given to disperse which were ignored, the following deployment of equipment occurred:
 UAVS were deployed at the event to maintain video surveillance at the event and provide live video of the event to the Command Post.  A Peacekeeper Armored Vehicle was used as a transport vehicle for members of the Department’s Mobile Field Force (MFF)
 (3) Aerial Warning Munitions were deployed as the crowd failed to disperse. These munitions were deployed from a 40MM Launcher.  The Command POST Vehicles (truck and trailer) were deployed to a strategic location.
 A Beanbag munition was deployed on a subject who was physically resisting officers of the MFF. This munition was deployed from a Remington Beanbag shotgun.
 Pepper Ball Projectiles were deployed to disperse the agitated crowd.

These projectiles were deployed from listed Pepper ball Launchers. #23..
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Modesto Police Department 2022 Military Equipment Use Report 24 The following are incidents where designated equipment was deployed:
 MPD had (45) Operational UAV deployments (on many of the Incidents, more than one UAV was deployed to maintain overlapping coverage)
Below is a summary of the deployments:
 Search Warrant/Tactical Operation Area Surveillance- 12 Incidents  Perimeter search of wanted person where suspect was found- 6 Incidents  Perimeter search of wanted person where suspect was not found- 13 Incidents  Recalibration of gear only- 3 Incidents
 Crime scene Aerial Photographing- 4 Incidents
 Calls related to Firearm use. Perimeter check -3 Incidents  Area/Roof search for Evidentiary items- 2 Incidents
 Roof search for person-1 Incidents
 Straight Pride 2022 Event as described above
 There were (24) deployments of the Lenco armored vehicle. (20) deployments were for SWAT tactical operations (see information on SWAT deployments on page 25-26, not used on #10) The other (4) deployments were for High Risk Incidents where the incident was resolved prior to a SWAT activation as follows:

1. Deployment to a shooting incident where the suspect barricaded himself inside but eventually surrendered

2. Subject who was possibly armed and making threats to harm himself.

3. Assist to Stanislaus County S/O of a shooting suspect who was barricaded inside a home.

4. Assist to Stanislaus County S/O of an armed suspect who was barricaded inside a home.
 There were (14) deployments of the Peacekeeper armored vehicles. (2) deployments were for SWAT tactical operations (SWAT deployments #14 and 15) and (1) deployment listed above for the Straight Pride Event. The other #23..
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Modesto Police Department 2022 Military Equipment Use Report 25 deployments were for use in the “Armadillo” Program as described above on Page

13.  There were (2) deployments of the Command Post vehicles. The deployments were for a SWAT tactical operation (#14) and the deployment listed above for the Straight Pride Event.
 There were (3) deployments of the Chemical Agents (Tear Gas) by SWAT officers.

The deployments were for SWAT tactical operations (#11,16, 17). All deployments were from listed launchers and are operational deployments. Chemical agents are the most commonly defined Military equipment used for training purposes. 63 total canisters were used in 2022 for both operational purposes and training purposes.
 There were (4) deployments of Flashbang devices by SWAT officers (#3 ,7, 9, 11).

The deployments were for SWAT tactical operations.
 There were (7) deployments of SWAT robots (#4,5,7,8,9,14, 16). The deployments were for SWAT tactical operations.
 There were (4) deployments of less lethal beanbag munitions. The munitions were deployed from Remington Bean Bag guns and were used as described below:
 SWAT tactical operation (#14) and Bean bag round was used to cause a distraction of a wanted suspect.
 Used on a wanted subject to gain compliance after a vehicle pursuit where the suspect rammed police cars.
 Used to break a window in order to deploy Pepper ball munitions on a barricaded suspect.
 The deployment described above during the Straight Pride Event.  There were (9) deployments of Pepper ball munitions. The munitions were deployed from listed Pepper ball launchers and were used as described below:
 (6) deployments described above during the Straight Pride Event.  (3) deployments to gain compliance on barricaded suspects. #23..
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Modesto Police Department 2022 Military Equipment Use Report 26  SWAT Tactical Operations- The below information are summaries of SWAT deployments where listed equipment was used:

1. Assist to Turlock Pd for arrest of a subject wanted for a gang related assault with a deadly weapon.

2. Search warrant for a large marijuana grow operation

3. Search warrant for a murder suspect wanted by LAPD

4. Arrest of a barricaded subject wanted for violent felony

5. Search and arrest warrant of a barricaded subject wanted for discharging a firearm.

6. Search warrant for large marijuana grow

7. Assist to Stan County S/O due to multiple homes having search warrants served at the same time

8. Search warrant and arrest warrant for subject wanted for a violent felony.

9. Assist to Stan County S/O for a subject wanted for attempted murder.

10. Arrest of a subject wanted for violent felony. SWAT was used to arrest the subject as he left his residence. Lenco armored vehicle was not deployed on this operation.

11. Assist to Ceres PD for a barricaded subject wanted for Assault with a deadly weapon. The Subject pointed a firearm at police during initial contact.

12. Search warrant related to a murder investigation

13.Search warrant for large marijuana grow and drug trafficking investigation.

14. Search warrant of a barricaded subject who was actively firing a gun inside the residence

15. Search warrant for a subject wanted for a shooting investigation.

Subject ultimately came out of residence with a gun to his head and shot himself.

16. Search/arrest warrant for a barricaded subject wanted for a violent rape

17.Search warrant for a prison escapee

18.Search warrant related to a long-term drug trafficking investigation

19.Search warrant related to a murder investigation

20.Search warrant related to an attempted murder investigation

21.Assist to Stan County S/O related to a murder investigation #23..
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Modesto Police Department 2022 Military Equipment Use Report 27 Purchase of Equipment in 2022:

Pursuant to Modesto Police Policy 710, the following equipment defined as Military Equipment by law was purchased in 2022:
 (8) distractionary devices, commonly referred to as “Flash bangs”, were ordered from LC Action in Dec 2022 at a cost of $472.56
Policy 710, Section 710.10 states:
710.10 Military Equipment Use Supply Levels:

When stocks of military equipment have reached significantly low levels or have been exhausted, The Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the department’s needs.

After an inventory audit, the below items were not captured under the 2022 audit. They will be added to MPD’s 2023 Military Equipment Inventory Attachment A:

Category 1 – Unmanned Aerial Vehicles: Item #7 – DJI Mavic Platinum – Quantity 1- was added to the MPD inventory as it was determined to be owned by MPD but issued to Modesto Fire Department (MFD) for their use in Search and Rescue Missions. The item was inadvertently not listed in the 2022 Inventory as it was issued and used by MFD only.

Category 14 – Projectile Launch munitions and Platforms: Items #6 – 40mm Bean Bag Rounds - Quantity 3 and #7 – 40mm Rubber Baton#6064 - Quantity 6 were inadvertently not listed in the 2022 Inventory.
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Modesto Police Department 2022 Military Equipment Use Report 28 Complaints regarding use of Military Equipment:

In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of military equipment are addressed. The Modesto Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal policies for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. The following is a summary of formal investigations related to the use of military equipment as investigated by the Modesto Police Department’s Internal Affairs Unit for 2022  There were no complaints/investigations regarding the use of Military Equipment in 2022
Summary and responses to Policy 710 violations:
 No violations of Policy 710- Military Equipment use, were reported or known of in 2022.

Conclusion:

This Annual Military Equipment Report reaffirms the Modesto Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution. Public safety is and always has remained a shared responsibility. The strength of our Department lies not solely within the actions of the individual officer but within the resilience and willingness of our community to work in partnership with our officers to address crime in their neighborhoods. #23..
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Policy
710
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include items designed to remove a lock, such as bolt cutters, or a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less than.50 caliber that are issued to officers.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • "Flashbang" and explosive breaching tools.
• "Tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions: 40mm projectile launchers. "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department ***DRAFT*** Military Equipment - 2 • Any other equipment as determined by a governing body or a state agency to require additional oversight.
710.2 POLICY
It is the policy of the Modesto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Modesto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Attachment A - 2023 Military Equipment Inventory.pdf 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The #23..
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department ***DRAFT*** Military Equipment - 3 military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

This policy was accepted by the City of Modesto's Governing body on May 3rd, 2022. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid in accordance with Department Policy 304 to this Department and/or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). This report will be submitted annually on or before May 3rd.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which #23..
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department ***DRAFT*** Military Equipment - 4 the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE
Department Supervisory Staff will ensure that all Department members comply with this policy.

The Internal Affairs Unit will conduct an annual audit for any non-compliance. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Unit and handled in accordance with Department Policy 1020 (Personnel Complaints) and Policy 340 (Code of Conduct). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Modesto Police Department's Internal Affairs Unit at 209-572-9500. A response to the question or concern shall be completed by the Department in a timely manner. 710.10 MILITARY EQUIPMENT USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. 710.11 REVISIONS
Adopted April 2, 2022
o Revised January 6, 2023
o Revised
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Modesto PD Policy Manual
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department ***DRAFT*** Attachments - 5 Attachments
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Attachment
Modesto PD Policy Manual
Copyright Lexipol, LLC 2023/04/26, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Attachment A - 2023 Military Equipment
Inventory.pdf - 6
Attachment A - 2023 Military Equipment Inventory.pdf
Attachment A - 2023 Military Equipment Inventory.pdf
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2023
(Categories correspond with the categories provided in Government Code Section 7070(c) #23..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time

5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera, Cost:
$2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera, Cost: $8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

7. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities. This UAV is issued to Modesto FD for search and rescue missions
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security
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6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6- 10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

Category 3- None
Category 4-None
Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. #23..
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a. Description, quantity, capabilities and purchase cost of current CP vehicles.

1. 2000 Eagle 5th wheel trailer Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events. This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas. The areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.
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Category 6- None
Category 7-None
Category 8- None
Category 9-
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 10- None
Category 11-None
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Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity: 2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $45 each, Quantity: 44. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS) 5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.
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7. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:15. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

9. CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity: 38 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10. CTS #6210 White Smoke Canister Cost: $35 each, Quantity: 18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11. CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a Temporary respiratory effect on non-complaint subjects. These are thrown manually b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
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c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 13- None
Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

1. Remington 870 Less Lethal Shotgun, Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal #23..
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Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:
290 These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher Cost: $1000each, Quantity: 2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition # 4557 Cost $25 each, Quantity: 19 These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

6. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

7. Safariland 40 MM Rubber Baton#6064 Cost: $25 each, Quantity: 6, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.
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1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 15- None
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2023
(Categories correspond with the categories provided in Government Code Section 7070(c) #23..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera, Cost: $8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security
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6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

Category 3- None
Category 4-None
Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. #23..
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a. Description, quantity, capabilities and purchase cost of current CP vehicles.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.
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Category 6- None
Category 7-None
Category 8- None
Category 9-
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 10- None
Category 11-None
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Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity: 2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.
#23..
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7. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:15. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

9. CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity: 38 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10. CTS #6210 White Smoke Canister Cost: $35 each, Quantity: 18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
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c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

1. Remington 870 Less Lethal Shotgun, Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal #23..
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Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

5. CTS 40MM foam baton munition # 4557 Cost $25 each, Quantity: 19 These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

6. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

7. Safariland 40 MM Rubber Baton#6064 Cost: $25 each, Quantity: 6, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.
#23..
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1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

Category 15- None
#23..
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment B- Request to Purchase Equipment
2023
(Categories correspond with the categories provided in Government Code Section 7070(c) #23..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI Mavic 3 Enterprise, Cost: $6820 Quantity: 3 Remotely operated aerial vehicle.

Camera is 56x zoom, mapping system, and Thermal imaging capabilities for night operations. This package comes with spare battery kit and a speaker. Purpose: Will replace current mid-size UAV’s that are “end of life”. Total cost: $20,460

2. DJI Mini 3 Pro, Cost: $1250 Quantity: 2 Remotely operated aerial vehicle. Camera can be adjusted manually and has a “plus battery” feature, where most miniature UAV’s do not. Purpose: Quick response and Mini UAV can get into places normal UAV’s can not and replace outdated UAV’s. Total cost: $2500

3. DJI Matrice 30T, Cost: $14,372 Quantity: 2 Remotely operated aerial vehicle.

Higher resolution camera, increased flight time, thermal camera, and improved collision prevention system. Purpose: Replaces outdated/damaged UAV’s. Total cost: $28,744
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
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e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

UAV Command vehicle Cost: $90,000 Request to purchase a used Panel Van and outfit it with two police radios, mobile data computer, 4 – 40-in TV screens, computer, cradle points, workbench system, chairs, HDMI cables, etc. Purpose: Smaller command post can be housed at MPD, which will provide a quicker response on critical incidents where UAV’s will be required. Also, can get into locations where space is an issue.

1. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.

2. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

3. Expected life span: vehicles, 8-10 years

4. Fiscal impact: Annual maintenance costs are projected to be approximately $5,000 #23..
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5. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California

6. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. 7290 Mini Flashbang, Cost: $45 each, Quantity 24. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $1400

2. 5230 CTS CS Gas Canister, Cost: $50 each, Quantity 40. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $2000

3. 5230 CTS CS Smoke Canister, Cost: $37 each, Quantity 12. Purpose: Needed to replenish current stock from use during SWAT missions and training Large diameter canisters that discharge a volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $444
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk #23..
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situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
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a. Description, quantity, capabilities and purchase cost.

1. 4557 CTS 40MM foam baton, Cost: $25 each, Quantity 50. Purpose: Needed to replenish current stock from use during Mobile Field Force, SWAT mission, and training. Total Cost: $1250
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

MODESTO CITY COUNCIL
www.modestogov.com

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
Tuesday, May 02, 2023 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Jesse Montelongo, et al., v. City of Modesto, et al.

United States District Court, Eastern District of California Case No.: 1:15-CV-01605—BAM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association #24..
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5/2/2023 4:00:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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Modesto City CouncilMay 2, 2023

Modesto City Council
May 2, 2023