Agenda packet — Finance Committee, May 20, 2024 (part 1 of 3)

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www.modestogov.com
AGENDA
City of Modesto

FINANCE COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, May 20, 2024 at 4:00 PM
Roll Call: Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
Alternates: Eric Alvarez, Jeremiah Williams, Chris Ricci, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326

PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

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

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

Consent

1. Consider three On-Call Agreements for Construction Inspection Services, with Dillon and Murphy Engineering, West Yost Associates, and TRC Engineering, Inc., for a oneyear Agreement with two one-year extension options, for an estimated amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)  Motion recommending three On-Call Agreements for Construction Inspection Services with Dillon and Murphy Engineering, West Yost Associates, and TRC Engineering, Inc, for a one-year Agreement with two one-year extension - 3 -
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options, for an estimated amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years and forwarding to Council for approval.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

2. Consider the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years and forwarding to Council for approval. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds)
 Motion recommending the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years and forwarding to Council for approval.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

3. Consider the Agreement for Polygraph Services to Assurance Polygraph, LLC, Castro Valley, CA, for a total amount not to exceed $538,260 over five years and forwarding to Council for approval. (Funding Source: General Fund)  Motion recommending the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two-year agreement with three one-year extension options, for an annual estimated amount of $96,250, plus $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years and forwarding to Council for approval.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent

4. Consider the First Amendment to the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California, Holt of California, Salida, California and United Rentals (North America) Inc., Modesto, California, for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed amount of $3,000,000 and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
 Motion recommending the First Amendment for the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, for Rental Fleet Services for the Agreements for an annual estimated cost increase of $200,000 from $400,00 to $600,00 and a total revised not to exceed a total amount of $3,000,000 and forwarding to Council for approval.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent

5. Consider the Second Amendment to the Agreement for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from - 4 -
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$88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extending the term of the Agreement from June 10, 2024, to June 10, 2025, and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
 Motion recommending the Second Amendment for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extending the term of the Agreement from June 10, 2024, to June 10, 2025, and forwarding to Council for approval.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent

6. Consider the Second Amendment for bulk oils and lubricants with Hunt & Sons, Inc., Ceres, CA, to a revised total amount of $1,743,201, and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
 Motion recommending the Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, for an increase by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement and forwarding to Council for approval.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent

7. Consider an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc, of Modesto, CA for a total amount not to exceed $300,000 over three years, and an On-Call Architectural Design Services Agreement with Red Inc.

Architects, of Modesto, CA, for a total amount not to exceed $300,000 over three years and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
 Motion recommending an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc., of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and forwarding to Council for approval.
 Motion recommending an On-Call Architectural Design Services Agreement with Red Inc. Architects, of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and forwarding to Council for approval.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

8. Consider two Engineering Services Agreements with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation and the Santa Rosa Sewer Trunk Rehabilitation Projects, in the amount of $935,326, plus $93,534 in additional - 5 -
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services, if needed, for a combined amount not to exceed $1,028,860 and forwarding to Council for approval. (Funding Source: Wastewater Fund)  Motion recommending an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation Project in the amount of $497,892, plus $49,790 in additional services, if needed, for an Agreement total amount not to exceed $547,682; and forwarding to Council for approval.
 Motion recommending an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Santa Rosa Sewer Trunk Rehabilitation Project in the amount of $437,434, plus $43,744 in additional services, if needed, for an Agreement total amount not to exceed $481,178; and forwarding to Council for approval.
 Motion recommending an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $8,431,782 from Wastewater Reserves to fund the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects and forwarding to Council for approval.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]

NEW BUSINESS

9. Consider accepting the updates to the City’s Debt Management Policy and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion accepting the updates to the City’s Debt Management Policy and forwarding to Council for approval.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]

10. Consider accepting the updates to the City’s Investment Policy and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion accepting the updates to the City’s Investment Policy and forwarding to Council for approval.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 20, 2024
May 1, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: On-Call Construction Inspection Services for Various Capital Improvement Projects
CONTACT: Peter Kambel, Sr. Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider three On-Call Agreements for Construction Inspection Services, with Dillon and Murphy Engineering, West Yost Associates, and TRC Engineering, Inc., for a one-year Agreement with two one-year extension options, for an estimated amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Construction Administration Division for the City of Modesto is housed within the Engineering Services Department and serves as the sole group responsible for construction management and inspection services for nearly all capital projects over $50,000 and inspection of all encroachment permits issued by the City. From time to time, project and permit workload requires more resources than the City has available internally. For those times, the City utilizes this list to hire one of the prequalified firms. The City will determine the best method of authorizing work based on the project needs and the firm(s) with the strongest skills and abilities in all required facets of construction management and inspection services for each project. #1..
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On-Call Construction Inspection Services for Various Capital Improvement Projects

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DISCUSSION:

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 in competitive quotations or proposals have been sought informally from at least three (3) qualified entities. In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals (RFQ/RFP) was formally advertised through Planet Bids on January 26, 2024, for On-Call Inspection Services.

Ten firms submitted responses to the RFQ-RFP.

After careful review of the Statement of Qualifications and Proposals, staff determined that Dillon and Murphy Engineering, West Yost Associates, and TRC Engineering, Inc., were the three most qualified firms. Staff recommends on-call agreements with each firm for a one-year agreement with two one-year extension options, for an estimated amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years.

Each of the three firms, Dillon and Murphy Engineering, West Yost, and TRC Engineering, Inc., may be assigned to a Capital Improvement Project before construction begins, may be utilized for night inspections, fill in when staff is out for extended leave, or when deemed necessary.

When services are required for a particular project, a specific scope of services is to be provided by the Consultant and shall be further defined and authorized by the City through the issuance of a project-specific Task Order. Each specific Task Order will require a written scope outlining the specific services to be provided by the Consultant, the schedule for completion, and the proposed compensation amount and payment methodology to perform the specified services.

The City must authorize each Task Order in writing prior to commencement of services by the Consultant. The cumulative amount of all task orders for construction inspection services shall not exceed the approved agreement amount.

FISCAL IMPACT:

Costs for construction inspection services will be based on unit prices and hourly rates agreed to in the agreement. Costs will vary on a project-by-project basis and are billed respectively to each project. When construction projects are completed, staff includes these expenses with each staff report for project acceptance.

The funding source for the on-call services will be through various Capital Improvement Program project budgets.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending three On-Call Agreements for Construction Inspection Services with Dillon and Murphy Engineering, West Yost Associates, and TRC Engineering, Inc, for a oneyear Agreement with two one-year extension options, for an estimated amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years and forwarding to Council for approval.
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Approved by:

Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:

1. Agreement with Dillon and Murphy Engineering

2. Exhibits for Dillon and Murphy

3. Agreement with West Yost

4. Exhibits for West Yost

5. Agreement with TRC Engineering, Inc.

6. Exhibits for TRC Engineering, Inc.
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ON-CALL AGREEMENT FOR

ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DILLON AND MURPHY ENGINEERING, a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Construction Inspection Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing, and able to provide the requested On-Call Construction Inspection Services.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #1..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept an estimated amount of SEVENTY FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($74,500) per year, and a total sum not to exceed TWO HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($223,500) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Kevin Moran will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

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

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed #1..
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as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, #1..
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discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #1..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Dillon and Murphy Engineering
Address: 847 N. Cluff Avenue
Lodi, CA 95240
Attention: Cecil Dillon
Phone: (209) 334-6613
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Pete Kambel
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #1..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #1..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #1..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #1..
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d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

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

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure #1..
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of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

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

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #1..
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except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

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

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

CITY OF MODESTO – RFQ 2024-04
Exhibit "A"
ATTACHMENT 1

MASTER SCOPE OF SERVICES
Task 1: Pre-Construction Services

1.1. Review Contract Documents

1.2. Project Review Meetings and Correspondence
Task 2: Construction Phase Services

2.1. Pre-Construction Conference

2.2. Permits, Other Agency Coordination and Public Relations

2.3. Photograph and Video Records

2.4. Document Control, Reporting and Management

2.5. Project Progress Meetings and Correspondence

2.6. Construction Inspection Services

2.7. Labor Compliance Monitoring

2.8. Special Inspection and Materials Testing Services

2.9. Construction Progress Payments

2.10. On-Site Construction Management

2.11. Construction Progress Schedule Review and Analysis

2.12. Contract Change Order Review and Analysis

2.13. Potential Claims Review and Analysis

2.14. Other duties as requested and related to construction management and inspection services
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CITY OF MODESTO – RFQ 2024-04
Task 3: Post Construction Services

3.1. Closeout Documents and Services

3.2. Punch List Coordination

3.3. Claim Mitigation

3.4. Record Drawings

3.5. Warranty
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CITY OF MODESTO – RFQ 2024-04
Exhibit "B"
ATTACHMENT 2

FEE SCHEDULE
January 2024
$/Hr
PRINCIPAL ENGINEER * $ 240.00
STRUCTURAL ENGINEER * $ 300.00
SR. ENGINEER * $ 210.00
RESIDENT ENGINEER * $ 210.00
ASSOCIATE ENGINEER * $ 180.00
JR. ENGINEER * $ 150.00
ENGINEERING AID * $ 120.00
COMPUTER TECHNICIAN * $ 140.00
LICENSED SURVEYOR ** $ 210.00
ASSISTANT RESIDENT ENGINEER * $ 168.00
ONE MAN SURVEY CREW WITH GPS ** $ 220.00
TWO-MAN SURVEY CREW** $ 272.00
TWO-MAN SURVEY CREW PREVAILING WAGE ** $ 308.00
THREE-MAN SURVEY CREW ** $ 300.00
CONSTRUCTION MANAGER * $ 210.00
CONSTRUCTION INSPECTOR ** $ 160.00
CONSTRUCTION INSPECTOR PREVAILING WAGE ** $ 188.00
CONSTRUCTION INSPECTOR PREVAILING WAGE OVERTIME (11/2) ** $ 244.00 CONSTRUCTION INSPECTOR PREVAILING WAGE OVER TIME (2) ** $ 310.00 SCHEDULER * $ 150.00
ADMINISTRATIVE ASSISTANT * $ 100.00
COURT APPEARANCE(1 DAY MINIMUM) * $ 4,000.00/DAY
* 3.5% increase per year. Increase is implemented January 1st of each year. ** Surveyor and Inspector rates are billed at contemporary DIR Prevailing Wage Rates. #1..
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ON-CALL AGREEMENT FOR

ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST & ASSOCIATES, a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Construction Inspection Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing, and able to provide the requested On-Call Construction Inspection Services.

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

1. SCOPE OF SERVICES.

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #1..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

2. TERM OF AGREEMENT.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept an estimated amount of SEVENTY FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($74,500) per year, and a total sum not to exceed TWO HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($223,500) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that J.P. Davis will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed #1..
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as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, #1..
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discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #1..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: West Yost & Associates
Address: 8950 Cal Center Drive Building 1
Sacramento, CA 95825
Attention: Charles Duncan
Phone: (530) 792-3220
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Pete Kambel
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #1..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #1..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #1..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #1..
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d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
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This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure #1..
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of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #1..
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except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

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EXHIBIT A – SCOPE OF SERVICES
City of Modesto On-Call Construction Management and Inspection Services West Yost - Construction Management & Inspection (CM&I) Scope of Services The City of Modesto (City) may need the full scope of services from a full time Construction Manager and/or Construction Inspector on a project-by-project basis. Other projects may require only a part time Construction Manager and/or Construction Inspector. In other cases, only a full time or part time inspector may be required. At times, projects and permits, in whole or part, may require night work and/or weekend work.

As a selected firm to the City’s pre-qualified on-call list for construction management and inspection services, the scope of services to be provided by West Yost for water and wastewater infrastructure related projects on an as-needed basis may include:

Pre-Construction Services
Review of Contract Documents / Project Review Meeting and Correspondence – West Yost will provide pre-construction services including attending the pre-bid job walk, work with the Design Team to provide bidder question responses, assist with bid review and tabulation, and provide front-end specification review and input. The CM team will also organize the review of the apparent low bid contractor’s escrow bid documents (EBDs) to confirm that all the pertinent information is received that comprises the complete cost estimate for the project.

Construction Phase Services
Pre-Construction Conference / NTP – West Yost will attend the preconstruction conference conducted by the City. Open items will be carried over to the first Progress Meeting. West Yost will prepare the construction contract Notice to Proceed (NTP), review it with the City, and issue to the general contractor (GC). Deliverable: Prepare and issue NTP.

Permits, Other Agency Coordination and Public Relations:

West Yost will maintain a permit inventory and tracking log that will monitor compliance with each permit applicable to the construction project. Any reporting required by the permit will be prepared and transmitted to the permitting agency via email. West Yost will coordinate with other agencies as-needed to facilitate progress of the project and will work in close collaboration with the City staff to support the City’s public outreach program as it relates to each project assigned to West Yost. Deliverable: Update the permit tracking log, responses to the SWPPP reviews, and inspection reports needed to comply with individual permit requirements.

Photograph and Video Records: The CM and Inspector will walk the project site with the GC during the preconstruction period to photograph the existing conditions prior to the start of the construction work. This will document the existing conditions to determine if something was damaged or not adequately restored during and after construction. During construction, the inspector will take photographs to document project progress, issues requiring resolution, and once the project is complete, post-construction conditions. Deliverable: Photographs and video #1..
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recordings of the existing conditions of the project site prior to construction activities, during and post-construction.

Project Progress Meetings and Correspondence / Document Control – West Yost will prepare agendas, conduct the weekly progress meetings with the contractor, design consultant, City staff, and other members of the project team to review overall progress, coordination, and communication related to safety, submittals, RFIs, changes, progress payments, coordination with plant operations, progress schedules, and quality. If other special meetings are necessary, West Yost will conduct and collect summaries of the discussions. Open items will be tracked to completion. The meetings will be documented in eBuilder. Deliverables: Prepare the agendas and current logs for the meeting and prep/issue meeting minutes, logs, and the contractor’s look-ahead schedule.

West Yost will be the point of contact for all matters related to the administration of the construction contract with the GC selected for the project. All incoming and outgoing correspondence related to the project will be through the West Yost CM. This includes maintaining the project records in the web-based document control system – eBuilder, provided by the City. Deliverables: Preparation of all outgoing correspondence such as letters, memos, submittal reviews, RFI responses, RFPs, change orders, progress payments, etc. that are generated within the web-based document control system – eBuilder.

Construction Inspection Services – West Yost will provide as-needed day-to-day quality assurance inspection of the GC’s performance of the work. This will include confirming compliance with the contract plans, specs, approved submittals, applicable RFI responses, and approved change orders.

If work is observed or tested to be in non-compliance with the contract a verbal notice followed by a Non-Compliance Notice (NCN) will be issued to the GC. If an NCN is issued a corresponding payment value will be withheld on the monthly progress payment until the issue is satisfactorily resolved. Daily inspection reports will be written and kept in the eBuilder. The reports will contain a summary of the work performed, important discussions needing to be documented, and photos of the work performed. The overall quality requirements of the contract will be emphasized to the GC with pre-activity quality control meetings where we will review the planned work, contract requirements, submittals, RFIs, and change orders to confirm everyone understands what will be built and how it will be built. Also, the GC will be asked to explain their means and methods (M&Ms) so the group can ascertain whether the required quality can be achieved with those M&Ms. Assumptions: Special Inspection and Materials Testing Services to be provided by the City and coordination of these activities will be performed by West Yost.

Deliverables: Photo documentation of existing site conditions, response to the contractor’s overall QC plan and individual QC plans, concrete testing reports, special inspection reports, onsite inspector daily reports, non-compliance notices, stop notices – when appropriate, and a running QC Deficiencies report.

Labor Compliance Monitoring – West Yost will confirm each month that the GC has submitted its certified payroll reports. Spot checks will be made to confirm that craft labor is appropriately classified and are being compensated with the correct wage rate(s). As part of this periodic review, West Yost will perform interviews with the craft labor as part of the requirements established by the State Department of Industrial Relations. Any discrepancies discovered will be #1..
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brought to the attention of the GC. If action to respond is slow or non-existent, then subsequent progress payment withholds will be applied until the matter is resolved. Deliverables: Perform labor compliance interviews and provide backup materials to the City when requested.

Construction Progress Payments – West Yost will review the updated/statused Schedule of Values (SOV), compare the statused amounts identified by the GC and either accept the value assigned or negotiate a different amount. A summary document will be prepared and signed off by the West Yost CM and the GC certifying the amount due. The payment request will be transmitted to the City for approval, processing and payment. West Yost will track payment to the GC to demonstrate compliance with the payment processing times per the public contract code.

Included in this task will be to confirm that the GC has submitted the certified payroll reports to the City. Deliverables: Review and negotiate the status of progress for the preparation of the monthly progress payments, prepare the monthly progress payments with signatures for continued processing by the City, perform labor compliance interviews, confirm receipt of contractor’s certified payroll reports, and provide Bid Item Payment Sheets.

On-Site Construction Management – West Yost will perform on-site construction management services including coordination of construction documentation such as RFIs, submittals, etc.

RFIs – West Yost will receive all RFIs generated and issued by the construction contractor and will be initially reviewed by West Yost then forwarded to the design consultant. Responses by the design consultant will be reviewed for completeness and if found satisfactory, the RFI will be returned to the contractor. If the response appears to have changed the contract scope, quality, or time a potential change order (PCO) number will be assigned and used to track its resolution to closeout. Logs will be generated and be discussed during the weekly change order meetings.

Deliverables: Make final edits to the response which may include information on forthcoming change orders or field directives and update the RFI log weekly.

Submittals – West Yost will receive all shop drawings, product data, certifications, work plans, schedules, etc. that are typically required of construction contracts and will upload them into the DCS. The submittals that are related to the design shall be forwarded to the design consultant for their review and comment. Once the design consultant completes their review they will forward their comments to West Yost. We will input the review comments into the DCS and formally return the submittal to the GC. Logs will be maintained showing submittals in for review, submittals that have been returned with Amend and Resubmit status, and submittals not yet transmitted by the GC. Construction related submittals such as work plans, safety plans, stormwater pollution control plans, shoring plans, etc. will be reviewed by West Yost with the submittal and comments transmitted to the design consultant for their records. Deliverables:

Collate the review comments received by the Design Engineer and/or Plant O&M staff and return to the contractor. Prepare logs of current submittals in review and submittals needing to be resubmitted.

Construction Progress Schedule Review and Analysis – West Yost will review the GC’s baseline CPM schedule and monthly updates to confirm that depiction of the schedules meets the contract scheduling requirements and is adequately updated each month with correct progress, adjustments, changes, and summaries. If there are challenges/delays in obtaining an acceptable #1..
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schedule from the GC, West Yost will recommend that an appropriately valued withhold to subsequent progress payments applied to motivate the GC in corrective action. If during tracking of performance the schedule appears to be slipping behind, a Recovery Schedule will be requested from the GC and as part of this issue will be determining the responsible party for the delay.

Included in this scope will be the preparation and issuance of the Weekly Statement of Working Days report that identifies the conditions of each day’s work, weather or other impacts beyond the control of the GC and any time extensions that were authorized in a change order or from weather impacts. Deliverables: Prep and issue the Weekly Statement of Working Days. Prep and issue the review comments to the Preliminary Schedule, Baseline Schedule, and the monthly Schedule Updates.

Contract Change Order Review and Analysis – West Yost will create and maintain a Potential Change Order (PCO) log that will be used to track project issues and known changes that have been identified by the GC through RFIs and/or Change Order Requests, and by Owner initiated changes. Management of the individual PCO will involve preparing a rough order-of-magnitude cost estimate, and reviewing/estimating potential time impacts. Each item will be reviewed with the City to obtain their concurrence the item is valid. Quotes will be obtained from the GC for each PCO. If the changed work is necessary, negotiations will attempt to obtain a fair price for the work. If a fair price cannot be reached, or there is no time to negotiate, we will direct the work to proceed – time & materials via a Field Directive. A final price will be summarized and agreed.

West Yost will prepare formal change orders per City internal procedures. Once fully agreed the costs will be included in the GC’s schedule of values and West Yost will confirm the correct percent complete on which to authorize payment during each progress payment request submitted by the GC. Deliverables: PCO Log, RFPs for potential change orders, individual agreed-to change orders for the contractor’s and City’s signature, and field directives for change order work that can’t be negotiated in time or can’t obtain an agreed-to lump-sum quote.

Potential Claims Review and Analysis – West Yost will lead the effort in resolving disputes with the GC. The resolution process will involve a detailed review and summary of the contract wording and presentation to ascertain a fair interpretation of the contract requirements to the City. After review with the City of the findings, a meeting will be held with the GC to present the findings and to hear their position. If there is dispute with entitlement, the resolution will utilize an issue escalation process to resolve the matter at higher management levels of West Yost, the City and GC. Deliverables: Issue summary including the applicable contract language, interpretation, Public Contract Code rules, and a summary of the contractor’s position including the cost and time impacts.

Post Construction Services
Closeout Documents and Services / Warranty – West Yost will confirm that aspects of the project administration have been completed. It will address any outstanding stop notices, confirm receipt of all warranty terms and documentation, and request that all suppliers and subcontractors come forward if payments for their services have not been made or other payment issues may exist so that the release of retention can be made by the City. Deliverables: Prepare package to the City Council recommending the final acceptance of the project. #1..
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Punchlist Coordination – West Yost will arrange a final inspection once the construction contractor requests Substantial Completion. The inspection will create a final punchlist of work items remaining to be completed. The punchlist will be transmitted to the contractor with the decision on the substantial completion request. The remainder of the contract will be to confirm that the items on the punchlist have been addressed and any other remaining deliverables are received. Deliverables: Generate final punchlist and tracking of open items to resolution.

Claim Mitigation – West Yost will lead the effort in resolving claims with the GC. If an equitable agreement still cannot be made, we will direct the GC to follow the guidelines in the front-end documents in filing a claim and then follow the requirements of the contract in resolving disputes in a more formal manner. Deliverables: Issue summary including the applicable contract language, interpretation, Public Contract Code rules, and a summary of the contractor’s position including the cost and time impacts.

Record Drawings – Each month as part of the progress payment approval process, West Yost will review the GC’s efforts in maintaining a record set of as-built drawings and specifications.

Notations such as RFI responses, clarifications, and change orders will be checked. If there are important components that may be difficult to locate once buried or cast in concrete, rough measurements will be used to approximate the location and be reflected on the as-built drawings.

The review will occur each month and progress payments may be withheld until the record drawings are maintained to an acceptable level. At project closeout, the GC will transmit their asbuilt record drawings to West Yost. West Yost will review these updated plans and compare them with our version of the as-built conditions. If found to be acceptable West Yost CM will formally transmit those documents to the designer for incorporation into the final CAD drawing files.

Deliverables: Weekly updates to the CM’s as-built/conformed set of record drawings and specifications, and transmittal of the CM’s and contractor’s as-built record drawings to the Design Engineer at conclusion of the project.
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ed (please exit out of this mode before closing workbook) EXHIBIT B - FEE ESTIMATE Principal Construction
Manager IV
Construction
Manager II
Resident
Inspector
(Prevailing
Wage - Group
2)
Technical
Specialist II
CM
Administrative
II
QC Review
Costs
West Yost Associates P CM IV CM II RI_G2 TS II CMA II P Hours Fee Sub. Other Total $393 $320 $238 $248 $236 $131 $393 w/ markup Direct Costs PROJECT: City of Modesto On-Call CM&I Services (3 Year Duration - Est. June 2024 through June 2027) 10% Task 1 Construction Management

1.01 On-Call Construction Management & Inspection Support Services 8 36 72 660 48 72 896 216,240 $ $ 216,240 Subtotal, Task 1 (hours) 8 36 72 660 48 72 0 896
Subtotal, Task 1 ($) $ 3,144 $ 11,520 $ 17,136 $ 163,680 $ 11,328 $ 9,432 $ 216,240 216,240 $ Task 2 ODCs

2.01 Vehicle 0 $ 7,260 $ 7,260
Subtotal, Task 2 (hours) 0 0 0 0 0 0 0 0
Subtotal, Task 2 ($) $ 7,260 $ 7,260
TOTAL (hours) 8 36 72 660 48 72 0 896
TOTAL ($) $ 3,144 $ 11,520 $ 17,136 $ 163,680 $ 11,328 $ 9,432 $ 216,240 0$ 7,260 $ $ 223,500 Labor
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ON-CALL AGREEMENT FOR

ON-CALL CONSTRUCTION INSPECTION SERVICES FOR VARIOUS CAPITAL

IMPROVEMENT PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TRC ENGINEERS, INC., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Construction Inspection Services for Various Capital Improvement Projects.

B. Consultant represents that it is qualified, willing, and able to provide the requested On-Call Construction Inspection Services.

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

1. SCOPE OF SERVICES.

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #1..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

2. TERM OF AGREEMENT.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order. Notwithstanding the foregoing, in no event will Consultant be responsible for damages or considered in default due to delays beyond Consultant’s reasonable control.

3. COMPENSATION.

Consultant agrees to accept an estimated amount of SEVENTY FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($74,500) per year, and a total sum not to exceed TWO HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($223,500) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and #1..
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subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project. #1..
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5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Justin Wehling will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. However, in the event City reuses or modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials.

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

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Notwithstanding anything to the contrary in this #1..
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Agreement, data and materials are not intended nor shall they be construed to include Consultant’s pre-existing intellectual property secured, developed, written, or produced by Consultant prior to execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #1..
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work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. #1..
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Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

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

11. ASSIGNMENT.

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

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

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: TRC Engineers, Inc.

Address: 183 D’Arcy
Lathrop, CA., 95330
Attention: Dustin Rath, Lincoln Leaman
Phone: (707) 291-2681, (916) 995-6572
Email: [email protected], [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA., 95354
Attention: Pete Kambel
Phone: (209) 577-5348
Email: [email protected]
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14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General #1..
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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. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, and employees shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and #1..
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Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, and employees for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, and employees.

Any insurance or self-insurance maintained by the Entity, its officers, officials, or employees shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) #1..
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business days of Consultants notice of such breach or non-conformance. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
a. Terminate all orders and Subcontractors, as reasonably applicable except as necessary to complete any portion of the Work that is not terminated; #1..
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b. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, and upon full compensation therefor, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
c. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process and that Consultant has been fully compensated for;
d. Settle outstanding liabilities and claims, subject to the approval of City;
e. Complete performance of such part of the Work as has not been terminated;
f. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
g. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. #1..
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h. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the #1..
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City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, and employees, 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 or caused by any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. To the fullest extent permitted under applicable law, neither party shall be liable to the other party for special, indirect, consequential, punitive or exemplary damages.

18. DISPUTE RESOLUTION.
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All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the #1..
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arbitrator shall have the power to order that depositions be taken and other discovery be made.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the #1..
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work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

21. WAIVER.

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

Notwithstanding the foregoing, City’s right to audit shall not extend to Consultant’s overhead, markups, profit/loss information, fixed rates, unit prices, prices expressed as percentages or any trade secrets.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024 and TRC ENGINEERS, INC., has caused this agreement to be duly executed in duplicate as of the Effective Date. #1..
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On-Call List for Construction Management and Inspection Services 183 D’Arcy Pkwy T 916.826.4429
Lathrop, CA 95330 TRCcompanies.com
EXHIBIT "A"
April 12, 2024
Peter Kambel, Senior Civil Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
Subject: Scope of Services |RFQ 2024-24, On-Call List of Consultants for Construction Management and Inspection Services Dear Mr. Kambel,
Thank you for considering TRC to continue to provide construction management and inspection servicesto the City of Modesto.

TRC is currently providing services under the existing pre-qualified list of consultants, and we will continue to provide the City of Modesto (City) with best-in-class construction management services and people, as we have consistently done and are doing.

We understand your Construction Administration Division (Division) will be constructing various capital improvements, including public buildings, parks, trails, streets, utility pipelines, storm drains, sanitary sewer lift stations, water well pump stations, water tanks, drainage basins, and wastewater treatment facilities. In addition to the capital improvement projects, we understand the City may also need oversight support for encroachment permits for new construction, rehabilitation, and maintenance of other non-City utilities (such as MID power and irrigation, PG&E gas, AT&T, Comcast Communications, etc.) as well as other types of encroachment into the City’s right-of-way. Our team is committed to achieving the Division’s goals of safeguarding the public’s health and safety while staying compliant with environmental requirements during construction for these projects.

We understand that the successful completion of this projects will require experienced inspection and project management staff knowledgeable about this type of work and that is what TRC provides. In addition to providing expert staff, through our value-added approach to our work, we will identify any opportunities to expedite project delivery and reduce the overall cost of the project.

Scope of Services
We acknowledge the anticipate Scope of Work provided as part of the subject RFP and commit to deliver those services as defined below. We understand the City may need the full scope of services from a full-time Construction Manager and/or Construction Inspector on a project by project basis. Other projects may only require a part-time Construction Manager and/or Construction Inspector. In other cases, only a full- or part-time Construction Inspector may be required. At times, projects and permits, in whole or part, may require night work and/or weekend work.

Task 1: Pre-Services
-1.1. Review Contract Documents
-1.2. Project Review Meetings and Correspondence
Task 2: Construction Phase Services
-2.1. Pre-Construction Conference
-2.2. Permits, Other Agency Coordination and Public Relations -2.3. Photograph and Vidio Records
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On-Call List for Construction Management and Inspection Services -2.4. Document control, Reporting and Mangement
-2.5. Project Progress Meetings and Correspondence
-2.6. Construction Inspection Services
-2.7. Labor Complaince Monitoring
-2.8. Special Inspection and Material Testing Services
-2.9. Construction Progress Payments
-2.10. On-site Construction Management
-2.11. Construction Progress Schedule Review and analysis -2.12. Contract Change Order Review and Analysis
-2.13. Potential Claims Review and Analysis
-2.14. Other duties as requested and related to construction management and inspection services Task 3: Post Construction Services
-3.1. Closeout Documents and Services
-3.2. Punchlist Coordination
-3.3. Claim Mitigation
-3.4. Record Drawings
-3.5. Warranty
Project Manager/Supervising Construction Inspector Justin Wehling will lead our team. Justin has extensive experience performing Inspection and managing high-profile projects in the City right-of-way. Justin will provide oversight of the projects to ensure focus is on the most important technical and political elements of the project.

Knowing our past success working within the city of Modesto, TRC believes our team will be a seamless addition to the City's existing resources. We will assist in taking any of your projects from design to completion concentrating on the following efforts to minimize cost and schedule impacts.

Should you have any questions regarding our proposal, please feel free to contact Justin Wehling directly at (916) 826-4429, or by email at [email protected].

Respectfully submitted,
TRC Engineers, Inc
Justin Wehling
Project Manager
Dustin Rath, PE, GE, CCM
Contract Manager
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Exhibit B

HOURLY RATES
Rates provided below note a general range for convenience of the City and project specific rates will be provided for individual projects.

CLASSIFICATION BILL RATE DYST
PIC/Contract Manager $260 − $390
Project Manager $190 − $240
Construction Manager/ Resident Engineer $200 − $245
Landscape Architect $200 − $235
Office Engineer $150 − $245
Construction Inspector* $195 − $225
Electrical Inspector* $195 − $225
Administrative Assistant $90 − $135
Labor Notes and Assumptions:
■ If only straight-time rates are shown, overtime will be billed at a pro-rata adjusted rate. ■ 3% Annual escalation, effective every July 1st beginning 7/1/24. ■ Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2023-1 • Pre-determined Increase(s): $3.00/hr. effective 7/1/24. TRC will adjust pay rates accordingly. * Denotes employees/classifications that are subject to prevailing wage. #1..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 20, 2024
Date: April 22, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice Chair
David Wright, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: New Public Bidding Solution Subscription Agreement CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:

Consider the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years and forwarding to Council for approval. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

The Finance Department Purchasing Division currently utilizes a combination of Microsoft Office Suite (communication and bid document development), PlanetBids (bid posting), Microsoft Office Suite (evaluation rating), Microsoft Word (contract preparation) and Oracle (contract management). The current public bidding posting, PlanetBids has been in place since June 13, 2005 (about 19 years old) and is only used to post all City formal bids and proposals. PlanetBids is used as a platform for prospective vendors to register for free to be notified when bids are posted by the City and the platform tracks viewing and downloading history for each bids. With the various different software tools, the process can become very cumbersome to manage document version control and the project management of each bid.

On October 10, 2023, Council approved the Final Adoption of Ordinance 3766-C.S to amend the Modesto Municipal Code (MMC) to address the increase in City Manager authority and formal bidding requirements. In addition, this MMC update allowed the option for Electronic Bidding.

Currently, all prospective bidders submit a hard copy bid package to the City Clerk’s office, but #2..
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New Public Bidding Solution Subscription Agreement

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with the MMC change, the bidders will now have an option to submit their bids electronically which will allow more efficiencies to how we manage our bid documents.

DISCUSSION:

Over the last 6 months, the Finance Department Purchasing Division collaborated with Engineering Services Department, Utilities Department, Park Planning, Community Economic Development and City Clerk’s Office to evaluate the Public Bidding Solutions available for public sector. The City team received demonstrations on a total of five (5) bidding solutions which included Beacon, BonFire, OpenGov, Quest CDC, and Planet Bids. Based on the first round of demos, we identified two top vendors which included BonFire and OpenGov. The top two vendors provided one final presentation which focused on examples of our current bidding templates and how they would be established under their platform. Based on the overall presentation of the platform, benefits of the platform, and client reference review, staff recommends moving forward with OpenGov as the new Public Bidding Solution.

OpenGov is a highly experienced provider of software solutions for the public sector with over 1,600 government clients nationwide (including City of Pasadena, County of San Mateo, and County of Tuolumne), and is well-suited to the City’s procurement needs. OpenGov will provide staff and resources to configure and implement the Solution. Services for configuration and implementation include migration assistance for existing documents, solution development, training, integration, and testing. OpenGov Inc. will also provide subscription services that include data hosting, helpdesk availability, and software updating. This collaborative procurement automation solution will improve productivity through the procurement process and centralize the full lifecycle of the bidding process.

On April 9, 2024, the City Manager authorized the procurement for a new Public Bidding Solution.

On April 10, 2023, the County of San Mateo partnered with OMNIA Partners to issue Request for Proposals (RFP) #1486 for an eProcurement Solution on their public bidding website, Public Purchase. On May 15, 2023, proposals were due and ten (10) proposals were received during the bid opening. Based on the Proposal Selection Committee and criteria outlined in the RFP, which included project approach, firm qualification, solution specification, cost and technical requirements, one company was awarded this contract and OpenGov was ranked as the top scorer for the eProcurement Solution. The recommendations provided by their Selection Committee was aligned with the same criteria gathered from the City evaluation team.

OMNIA Partners is a cooperative purchasing organization that with the extensive scope of competitively-solicited local government contracts from world-class suppliers streamlines the purchasing process and helps local government agencies achieve their procurement needs and still ensure the competitive bidding requirements are met. All local government purchasing cooperative contracts from OMNIA Partners have been competitively solicited by a lead public agency and meet the public cooperative standards.

On March 28, 2024, the Finance Department presented the recommendation for the replacement of the public bidding solution to the City’s Technology Steering Alignment Committee (TSAC) which was unanimously supported by the Committee members. In addition, this new solution would support the City’s Smart City Strategic Plan under Goal B – Efficiency and Effectiveness.

This project falls under these goals as it will create significant efficiency by eliminating the need to receipt paper bids and allow bidders to submit bids electronically. In addition, this solution will #2..
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improve the customer experience as they will be able to monitor the status of their bid submittal and obtain regular notifications on all bid communication.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-

3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. The fee analysis conducted through the RFP process from the County of San Mateo showcases OpenGov is one of the lowest proposals based on the desired need for this solution. In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By utilizing this government agencies bidding process, the City is complying with the requirements defined under this code.

FISCAL IMPACT:

The City’s current Public Bidding platform, PlanetBids, has an annual subscription fee of $13,744.50 with a 5% increase annually. PlanetBids solution is utilized only to upload the finalized bid documents, notify registered bidders and track downloads of our bids viewed by prospective bidders. Under the new Public Bidding platform with OpenGov, this platform will provide the full lifecycle of the bid process which includes the following:
 Manage the tracking of approved bid and proposal templates  Collaborate with departments on reviewing draft bids for feedback with document tracking control
 Establish bid approvals before posting to the public
 Allow prospective bidders to upload their bids into the platform  Provides tutorial videos for prospective bidders on how to register and upload bids
 Automatically prepare cost abstracts to evaluate lowest cost vendor  Facilitate review of the bids
 Conduct evaluation ranking by evaluation committee for proposals  Facilitate the public bid openings for non-public works projects With these additional features, the annual subscription fee will be increased to the pricing structure below for an amount of $276,136 over three years which includes a one-time professional services fee of $30,530 to assist with the implementation:

Type of Service Year 1 Year 2 Year 3 Total
One-Time Professional Services Fee $ 30,530 $ - $ - $ 30,530 Annual Subscription Fee $ 77,908 $ 81,804 $ 85,894 $ 245,606 TOTAL $ 108,438 $ 81,804 $ 85,894 $ 276,136
The first year professional services and annual subscription will be funded through savings from the Fiscal Year 2023-24 budget and the proposed Fiscal Year 2024-25 budget for the General Fund Purchasing Division.
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RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. OpenGov Master Services Agreement

2. Modesto Statement of Work

3. Scoring Abstract
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1 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 OpenGov Master Services Agreement
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services.

1. Definitions

1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record).

Customer Data does not include any confidential personally identifiable information.

1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com.

1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.

1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement.

1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2.

2. Software Services, Support, and Professional Services

2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”).

2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours.

Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.

2.3. Professional Services

2.3.1. If OpenGov or its authorized independent contractors provides professional services #2..
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2 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date.

2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer.

3. Restrictions and Responsibilities

3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third-party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services.

Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.

4. Intellectual Property Rights; License Grants; Access to Customer Data

4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent.

Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services.

4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a nonexclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data #2..
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3 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov.

4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.

4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2.

4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.

Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. Confidentiality

5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation.

5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no #2..
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4 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure.

6. Term and Termination

6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3.

6.2. Renewal. Unless the parties enter into a new Order Form to renew the Agreement for an additional period of no less than one (1) year (“Renewal Term”), this Agreement shall terminate at the end of the applicable Initial Term or Renewal Term.

6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause.

6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession.

7. Payment of Fees

7.1. Fees; Invoicing; Payment; Expenses.

7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable.

7.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term.

7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.

7.1.4. Customer Delays; On Hold Fee.

7.1.4.1. On Hold. Excluding delays caused by a force majeure event as described in #2..
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5 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, after notice to Customer and an opportunity to cure within ten (10) days, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities.

7.1.4.2. On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice” specifying that the Customer will be invoiced for lost time in production (e.g., delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year’s fee for Software Services. OpenGov may remove the on-hold status and may rescind the fee in its discretion upon Customer’s fulfillment of its obligations set out in the On Hold Notice. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold).

7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section

6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency.

7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such #2..
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6 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 tax-exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

8. Representations and Warranties; Disclaimer

8.1. By OpenGov.

8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement.

8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work.

Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies.

8.1.3. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free.

Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services.

8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS”

AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, #2..
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7 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024

REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR

LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR

INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR

ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY

FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THREE TIMES (3X) THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and

9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights.

9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.

10. Miscellaneous

10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.

10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and [email protected].

10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement.

10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may have, it shall be entitled to seek equitable #2..
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8 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.

10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).

10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors.

10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other.

10.10. Governing Law and Jurisdiction. California laws govern this Agreement, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in Stanislaus County, California, and the parties submit to the personal jurisdiction and venue therein.

10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. #2..
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9 OpenGov Master Services Agreement City of Modesto, CA - Revised April 25, 2024 Signatures
Customer: City of Modesto
Signature:

Name:

Title:

Date:

OpenGov, Inc.

Signature:

Name:

Title:

Date:
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Statement of Work
City of Modesto, CA
Creation Date: 03/08/2024
Document Number: PS-05807
Version Number: 1
Created by: David Anilus
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Table of Contents

1. Overview and Approach 3

1.1. Agreement 3

2. Statement of Work 3

2.1. Project Scope 3

2.2. Facilities and Hours of Coverage 4

2.3. Key Assumptions 4

2.4. Exclusions 4

2.5. OpenGov Responsibilities 4

2.5.1. Activity 1 – Project Management 4

2.5.2. Activity 2 – Initialization 5

2.5.3. Activity 3 – OpenGov Use Cases 6

2.5.4. Activity 4 – Training 6

2.6. Your Responsibilities 6

2.6.1. Your Project Manager 7

2.7. Completion Criteria 7

2.8. Estimated Schedule 7

2.9. Illustrative Project Timelines 8
Appendix A: Engagement Charter 9
A-1: Communication and Escalation Procedure 9
A-2: Change Order Process 9
A-3: Deliverable Materials Acceptance Procedure 10
Appendix B: Implementation Activities 11
B-1: OpenGov Procurement Suite 11
Appendix C: Technical Requirements 15
C-1: OpenGov Procurement Suite 15
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1. Overview and Approach

1.1. Agreement
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of Modesto, CA (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”).
● Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided.
● Customer’s use of the Professional Services is governed by the Agreement and not this SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement.
● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
● OpenGov will be deployed as is, Customer has access to all functionality available in the current release.

2. Statement of Work
This SOW is limited to the Implementation of the OpenGov Procurement suite as defined in the OpenGov Responsibilities section of this document (Section 2.5). Any additional services or support will be considered out of scope.

2.1. Project Scope
Under this project, OpenGov will deliver cloud based Procurement solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time.
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2.2. Facilities and Hours of Coverage
OpenGov will:

A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW.

B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays.

C. Use personnel and resources located across the United States, and may also include OpenGov-trained staffing contractors to support the delivery of services.

2.3. Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms.

Per
A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software.

B. Individual software modules are configured based on discussions between OpenGov and Customer.

C. Procurement Suite
i. Customer will provide complete and correct boilerplate language for solicitation templates within two (2) weeks immediately following the kick-off meeting.
ii. OpenGov template configuration will include up to seven (7) solicitation templates (See Appendix B for list).

2.4. Exclusions
● Implementation of any custom modification or integration developed by OpenGov; your internal staff; or any third-party is not included in the scope of this project unless specifically listed in Appendix B.
● Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B.

2.5. OpenGov Responsibilities

2.5.1. Activity 1 – Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.

The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks:
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Planning
OpenGov will:

A. review the SOW, contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones.

Project Tracking and Reporting
OpenGov will:

A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager;
B. work with your Project Manager to address and resolve deviations from the project plan;
C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager.

Completion Criteria:

This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials:
● Weekly status reports
● Project plan
● Project Charter
● Risk, Action, Issues and Decisions Register (RAID)

2.5.2. Activity 2 – Initialization
OpenGov will provide the following:

A. Customer Entity configuration
B. System Administrators creation
C. Solution Blueprint creation
D. Data Validation strategy confirmation
Completion Criteria:

This activity will be considered complete when:
● Customer Entity is created
● System Administrators have access to Customer Entity
● Solution Blueprint is presented to Customer
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Deliverable Materials:
● Solution Blueprint
● Sign-off of Initial Draft Solution Blueprint

2.5.3. Activity 3 – OpenGov Use Cases
OpenGov will provide the following:

Procurement Use Cases
A. Automate Solicitation Development
B. Enhance Supplier Engagement and Collaboratively Evaluate + Award C. Other
Completion Criteria:

This activity will be considered complete when:

Procurement Use Cases
● Vendor Portal is configured
● Vendor List is imported
● Solicitation Templates are configured
Deliverable Materials:
● Formal sign off document

2.5.4. Activity 4 – Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor.

Completion Criteria:
● Administrator training is provided
Deliverable Materials:
● Formal sign off document

2.6. Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these 2023 Statement of Work v1.1.1
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responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-1: Project Change Control Procedure.

2.6.1. Your Project Manager
Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project.

Your Project Manager's responsibilities include the following:

A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing);
B. serve as the interface between OpenGov and all your departments participating in the project;
C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings;
E. obtain and provide information, data, and decisions within five (5) business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time;
F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and
H. create, with OpenGov’s assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates.

2.7. Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs:

A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the Materials listed, if any; or
B. The End date is reached

2.8. Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW.

OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.
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The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures and have an estimated end date of four (4) months following signatures (“End Date”) or on other dates mutually agreed to between you and OpenGov.

2.9. Illustrative Project Timelines
The typical project timelines are for illustrative purposes only and may not reflect your use cases.
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Appendix A: Engagement Charter
A-1: Communication and Escalation Procedure
Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following:
● Regular communication aligned to the agreed upon project plan and timing. ○ OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. ● Executive involvement
○ Executives may be called upon to clarify expectations and/or resolve confusion. ○ Executives may be needed to steer strategic items to maximize the value through the deployment.
● Escalation Process:
○ OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised
● Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. ● Customer or OpenGov Project Manager summarizes the problem statement and impasse.
● Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review.
● Resolution will be documented and signed off following Executive review. ● Phase Sign-Off
○ OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes.

A-2: Change Order Process
This SOW and related efforts are based on the information provided and gathered by OpenGov.

Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a:
● Change Order- Work that is added to or deleted from the original scope of this SOW.

Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Amending the SOW to correct an error.
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o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.
o Change in type of OpenGov resources to support the SOW.

A-3: Deliverable Materials Acceptance Procedure
Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure:
● The deliverable Material will be submitted to your Project Manager. ● Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance.
● Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance.
● All acceptance milestones and associated review periods will be tracked on the project plan.
● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project.
● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. ● Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in the “Customer Delays” provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer’s response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On-Hold" status.
● Putting a project “on Hold” may have several ramifications including, but not restricted, to the following:
○ Professional Services to the customer could be stopped; ○ Delay to any agreed timelines; or
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Appendix B: Implementation Activities
B-1: OpenGov Procurement Suite
Instance Creation
Procurement Suite
Description OpenGov Responsibilities Customer Responsibilities Website Instance
Creation
OpenGov will:
● Build customer portal and
upload Customer’s logo.

Customer will:
● Provide logo.
● Confirm access to the Portal.

Technical Project Review
Description OpenGov Responsibilities Customer Responsibilities Technical Project
Review
OpenGov will:
● Provide up to one (1) two-hour
working session at the
beginning of the project to:
o Finalize list of
templates
o Review technical
requirements
o Provide documentation
on requirements and
processes
OpenGov Assumptions:
● Boilerplate language will be
provided within two (2) weeks
immediately following the
kick-off meeting.

Customer will:
● Identify relevant participants
for attendance.
● Confirm deliverables.
● Gather and provide relevant
data for the project.

Supplier Engagement, Evaluation and Award Configuration Description OpenGov Responsibilities Customer Responsibilities Vendor Portal OpenGov will: Customer will:
● Allocate resources to create
the Vendor Portal.
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● Provide the Customer with
iframe code and documentation
to create the Vendor Portal.
● Import the list of vendors
provided by Customer.

OpenGov Assumptions:
● Customer will provide a
complete and accurate vendor
list for import to OpenGov.

OpenGov clean up/correction of
imported files are not included
in the scope of this project.
● Provide vendor email list and
send vendor email/letter.
● Ensure that Vendor Portal
will be active before
OpenGov begins
configuration of templates
or the Solicitation
Development phase.

Generic Template OpenGov will:
● Deploy generic templates
● Provide OpenGov's “Paper to
Paperless Language Transition
Guide” to assist transition from
paper to electronic.

Customer will:
● Provide a copy of the next
solicitation document.
● Provide information to
complete the generic
solicitation upload template
including forms and an
example recent solicitation.
● Provide the category code
set used by the agency
(NIGP, NAICS, or UNSPSC).

Solicitation Development Configuration
Description OpenGov Responsibilities Customer Responsibilities Solicitation
Development
Solution
OpenGov will:
● Review and confirm the
Solicitation Templates and
forms provided by Customer.
● Work with Customer to design
and get sign off on the first
template.
● Following the sign off of the
first template, configure the
remaining templates in the
system.

OpenGov Assumptions:

Customer will:
● Provide templates with
standard boilerplate
language.
● Provide forms associated
with solicitation templates.
● Provide admin documents.
● Select the first solicitation
type (usually ITB or RFP), to
work with OpenGov for the
design
● Sign off on the first
template before beginning
the subsequent templates.
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● OpenGov will configure up to
seven (7) Solicitation
Template(s) with standard
boilerplate language:
○ Request for Proposals
○ Request for Proposals
Short Form
○ Invitation for Bids (IFB -
Goods)
○ Invitation for Bid
(services)
○ Invitation for Bid
(services) No prevailing
wages
○ Invitation for Bid
(goods) One-time
Purchase
○ (Informal) Invitation for
Bids (IFB - Services)
● Validate and provide signoff
on Solicitation Templates.

Admin Documents and Checklist Configuration
Description OpenGov Responsibilities Customer Responsibilities Admin Documents OpenGov will:
● Review & configure up to
four (4) Admin Documents
from the following list:
○ Proposal Viewer
Agreement
○ Interview Invitation
○ Non-Award Letter
○ Notice of INtent to
Award
Customer will:
● Provide Admin Documents.

Working Sessions and Trainings
Description OpenGov Responsibilities Customer Responsibilities 2023 Statement of Work v1.1.1
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Procurement
Working Sessions
OpenGov will:
● Assign practice exercises
to Customer to gain
familiarization.
● Assist Customer during
first real-life solicitation
posting, and opening (if
during deployment).
● Respond to questions
regarding configured
system functionality.

Customer will:
● Complete practice exercises
to gain familiarization.
● Identify internal Admin Users
& security permissions for all
other users.

Procurement
Training
OpenGov will:
● Provide training on system
functionality. Topics
include:
○ Creating Bids with
Generic Templates
○ Live Bid
Management &
Vendor Experience
○ Evaluation and
Awarding
○ Writing
Solicitations using
templates
Customer will:
● Attend training sessions as
scheduled by the Project
Manager and agreed to in the
Project Plan.
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Appendix C: Technical Requirements
C-1: OpenGov Procurement Suite
Procurement Suite
Description Technical Requirements
Logo ● .png or .jpg file
● At least 300KB but not larger than 500KB
Vendor List ● Single Flat file
● .csv or .xlsx format
Sample Documents
or Templates with
boilerplate
language
● PDF or Word format
Admin Documents ● PDF or Word format
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TOTAL
POINTS
Proposers
Bonfire Cobblestone Coupa Icertis OpenGov Periscope SAP Jaggaer 1 1.1 Demonstrates a clear understanding of the requested ideal Solution detailed in Section II - SOW and how the proposed Solution meets the project request 20 18 16 11 17 12 17 15 18 14 18 11 18 12 14 15 16 14 18 14 14 14 19 14 17 18 16 15 17 15 19 13 12 14 18 10 18 10 10 11 17 8 17 14 14 11 18 9 17

1.2 Feasibility of the project implementation plan 15 13 8 10 12 8 13 9 12 11 14 8 13 5 12 12 14 8 14 10 12 11 15 10 13 15 13 11 14 12 14 10 11 8 14 7 13 8 14 9 14 7 13 10 12 7 14 7 13

1.3 Complexity of the data migration plan 5 4 3 3 5 3 4 3 4 3 5 3 4 2 3 4 5 2 4 3 5 3 5 4 3 5 3 4 5 5 5 2 3 3 5 3 4 2 4 3 3 2 5 3 1 3 1 1 4

1.4 Ability to complete the project within the County’s timeline 15 13 14 11 12 9 10 7 13 12 14 8 13 7 10 10 12 6 13 11 12 12 14 9 12 15 12 10 14 12 15 7 10 11 13 7 14 11 11 10 13 6 14 10 13 10 13 5 13

1.5 Ease of use of the system vs hours of training needed to get started 10 9 7 3 9 6 4 7 8 6 9 5 8 7 8 8 10 5 9 7 8 8 9 7 6 10 7 6 9 8 8 7 8 6 9 5 8 5 6 4 10 5 10 7 8 3 9 5 8

1.6 Ability to meet the technology considerations 10 9 9 7 8 6 9 9 9 8 8 5 8 6 9 7 8 6 9 9 7 8 9 7 8 9 6 6 6 8 9 9 7 7 9 5 8 8 9 5 9 6 10 9 9 5 9 6 8

1.7 Usefulness of innovations and how developed the Optional services are 10 9 7 6 10 6 8 7 7 7 10 5 8 6 7 6 8 6 5 7 7 5 9 7 7 8 5 5 8 8 5 8 6 5 9 5 10 5 7 5 9 5 5 3 7 5 7 6 7

1.8 Ability for the Solution to be siloed for use by other governmental entities 5 5 5 3 4 2 5 0 3 3 4 3 5 3 3 2 4 2 5 4 4 3 5 4 5 2 1 3 4 3 5 3 4 3 4 3 5 4 2 2 4 2 5 1 4 3 1 1 2 Total 90 80 69 54 77 52 70 57 74 64 82 48 77 48 66 64 77 49 77 65 69 64 85 62 71 82 63 60 77 71 80 59 61 57 81 45 80 53 63 49 79 41 79 56 68 47 72 40 72 2 2.1 Relevant expertise of the firm for implementing the Solution with a large organization 10 8 8 6 9 6 10 7 8 8 10 6 8 5 7 8 9 7 10 1 6 8 9 7 8 10 9 7 8 7 9 7 8 8 9 5 7 5 8 6 10 5 7 8 8 7 9 5 7

2.2 Usefulness of the solution updates that are planned for the next 12 months 10 7 8 5 9 6 7 7 7 7 9 7 5 6 7 7 9 7 9 0 8 6 9 7 8 5 4 6 8 7 2 6 8 6 9 6 7 5 6 5 9 5 7 0 6 5 7 4 6 Total 20 15 16 11 18 12 17 14 15 15 19 13 13 11 14 15 18 14 19 1 14 14 18 14 16 15 13 13 16 14 11 13 16 14 18 11 14 10 14 11 19 10 14 8 14 12 16 9 13 3 3.1 Expertise of the lead project manager for managing and implementing projects of this size with a large organization 20 17 17 11 20 14 18 17 18 16 20 14 18 13 18 16 20 15 18 10 18 12 20 15 17 18 18 16 20 17 19 10 18 14 20 15 17 13 17 12 20 10 17 10 1 10 16 6 17

3.2 Expertise of assigned staff in the subject area and description of the tasks to be performed by each staff person 10 8 8 6 9 5 7 7 9 8 9 6 8 6 8 8 9 6 9 5 9 8 9 7 9 10 7 8 9 7 10 6 8 8 8 5 8 5 8 6 9 5 8 1 1 6 7 4 8

3.3 Reasonableness of proposed staffing level and allocation plan. 10 9 7 6 8 5 1 9 8 9 7 6 8 8 9 8 7 6 10 7 8 6 7 6 8 9 7 9 6 7 6 6 7 7 5 5 6 7 9 6 9 4 6 3 8 6 5 4 6 Total 40 34 32 23 37 24 26 33 35 33 36 26 34 27 35 32 36 27 37 22 35 26 36 28 34 37 32 33 35 31 35 22 33 29 33 25 31 25 34 24 38 19 31 13 10 22 28 14 31 4 4.1 Solution Specification Checklist 60 54.67 46.67 32.00 53.33 56.00 50.67 40.00 56.00 53.33 56.00 53.33 53.33 52.00 46.67 52.00 52.00 46.67 53.33 46.67 50.67 46.67 57.33 56.00 53.33 54.67 53.33 53.33 49.33 57.33 53.33 45.33 45.33 40.00 53.33 56.00 52.00 26.67 44.00 30.67 54.67 50.67 50.67 46.67 44.00 37.33 46.67 49.33 49.33

4.2 Quantitative Specification Score 30 27.24 27.24 27.24 27.24 27.24 27.24 29.52 29.52 29.52 29.52 29.52 29.52 26.10 26.10 26.10 26.10 26.10 26.10 29.71 29.71 29.71 29.71 29.71 29.71 24.86 24.86 24.86 24.86 24.86 24.86 28.38 28.38 28.38 28.38 28.38 28.38 28.57 28.57 28.57 28.57 28.57 28.57 28.57 28.57 28.57 28.57 28.57 28.57 Total 90 81.90 73.91 59.24 80.57 83.24 77.90 69.52 85.52 82.85 85.52 82.86 82.86 78.10 72.77 78.10 78.10 72.76 79.43 76.38 80.38 76.38 87.04 85.71 83.05 79.52 78.19 78.19 74.19 82.19 78.19 73.71 73.71 68.38 81.71 84.38 80.38 55.24 72.57 59.24 83.24 79.24 79.24 75.24 72.57 65.90 75.24 77.90 77.90 Submission Total 240.0 210.9 190.9 147.2 212.6 171.2 190.9 173.5 209.5 194.9 222.5 169.9 206.9 164.1 187.8 189.1 209.1 162.8 212.4 164.4 198.4 180.4 226.0 189.7 204.0 213.5 186.2 184.2 202.2 198.2 204.2 167.7 183.7 168.4 213.7 165.4 205.4 143.2 183.6 143.2 219.2 149.2 203.2 152.2 164.6 146.9 191.2 140.9 193.9 Submission Total Average 187.29 196.19 187.54 193.82 198.08 184.05 173.63 164.96 Ranking Without Fee Proposal; Interview 5.00 2.00 4.00 3.00 1.00 6.00 7.00 8.00 5 5.1 Qualitative Analysis 60 51.00 57.00 30.00 45.00 54.00 49.50 45.00 54.00 45.00 49.50 55.50 55.50 48.00 45.00 46.50 42.00 51.00 55.50 30.00 49.50 45.00 48.00 54.00 55.50 55.50 51.00 42.00 52.50 55.50 57.00 54.00 48.00 22.50 52.50 51.00 57.00 34.50 45.00 31.50 45.00 48.00 54.00 33.00 45.00 30.00 40.50 52.50 54.00

5.2 Quantitative Analysis 20 16.69 16.69 16.69 16.69 16.69 16.69 6.58 6.58 6.58 6.58 6.58 6.58 3.14 3.14 3.14 3.14 3.14 3.14 4.51 4.51 4.51 4.51 4.51 4.51 11.94 11.94 11.94 11.94 11.94 11.94 20.00 20.00 20.00 20.00 20.00 20.00 5.17 5.17 5.17 5.17 5.17 5.17 3.53 3.53 3.53 3.53 3.53 3.53 Total 80 67.69 73.69 46.69 61.69 70.69 66.19 51.58 60.58 51.58 56.08 62.08 62.08 51.14 48.14 49.64 45.14 54.14 58.64 34.51 54.01 49.51 52.51 58.51 60.01 67.44 62.94 53.94 64.44 67.44 68.94 74.00 68.00 42.50 72.50 71.00 77.00 39.67 50.17 36.67 50.17 53.17 59.17 36.53 48.53 33.53 44.03 56.03 57.53 Submission Total 320.0 278.6 264.6 193.9 274.3 241.9 257.1 225.1 270.1 246.4 278.6 231.9 268.9 215.2 235.9 238.7 254.2 216.9 271.1 198.9 252.4 229.9 278.6 248.2 264.1 281.0 249.1 238.1 266.6 265.6 273.1 241.7 251.7 210.9 286.2 236.4 282.4 182.9 233.7 179.9 269.4 202.4 262.4 188.8 213.1 180.4 235.3 196.9 251.4 Submission Total Average 320 251.74 253.52 238.68 245.33 262.27 251.55 221.80 210.99 Ranking Without Interview 3.00 2.00 6.00 5.00 1.00 4.00 7.00 8.00 6 Oral Interview
Total 50 37 38 33 39 41 38 19 34 31.5 30 39 29 45 45 34.5 45 45 45 Total Including Interview 370.0 315.6 302.6 226.9 313.3 282.9 295.1 244.1 304.1 277.9 308.6 270.9 297.9 326.0 294.1 272.6 311.6 310.6 318.1 Overall Average 370 289.40 283.93 305.52
Ranking With Interview 2.00 3.00 1.00
Fee Proposal

SUBJECT AREAS
Project Approach
RFP 1486 eProcurement Solution
Panelist Score Sheet
Firm Qualifications
Team Qualifications
Appendix B
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 20, 2024
Date: April 29, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Polygraph Examination Services Agreement
CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:

Consider the Agreement for Polygraph Services to Assurance Polygraph, LLC, Castro Valley, CA, for a total amount not to exceed $538,260 over five years and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto Police Department utilizes polygraph services as part of its extensive hiring process. This process, which also includes a background investigation, helps the Department make selections of viable, high-quality candidates.

The hiring process for both sworn and non-sworn employees is a long and extensive process, of which, the polygraph exam is an early and critical part. To continuously recruit and hire to maintain proper staffing levels, on demand polygraph services are needed to hire in a timely fashion.

On February 2, 2021, by Resolution 2021-029, Council authorized the agreement for polygraph services with Mansfield, Lierly & Associates, Citrus Heights, CA, for a one (1) year agreement with two (2) one-year extension options, for an annual estimated cost of $45,225 and a total amount not to exceed $135,675 over three years.

On September 13, 2022, by Resolution 2022-377, Council authorized an amendment to the purchase agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional #3..
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Polygraph Examination Services Agreement

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polygraph examinations, $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275.

The agreement with Mansfield, Lierly & Associates is set to expire on July 12, 2024.

DISCUSSION:

On September 22, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Polygraph Examination Services. On, November 17, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2324-33 for Polygraph Examination Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Ten (10) companies downloaded the IFB document from PlanetBids.

On December 19, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) vendors chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Polygraph Examination Services to Assurance Polygraph LLC, Castro Valley, CA for a two-year agreement with (3) one-year extension options, for an estimated annual amount of $96,250, plus up to $57,010 for contingency, if needed, for a total amount not to exceed of $538,260 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for Polygraph Services to Assurance Polygraph, LLC, Castro Valley, CA.

FISCAL IMPACT:

Historical Annual Spending for Polygraph Examination Services on Mansfield, Lierly and Associates Agreement #196687
 FY 21/22 - $43,885
 FY 22/23 - $71,020
 FY 23/24 YTD - $72,860
The Agreement with Assurance Polygraph, LLC is anticipated to include 250 polygraph examinations annually for a total annual cost of $96,250 and a total five-year cost of $481,250.

The Police Department has been processing a higher volume of candidates resulting in sending an increased number of candidates through the polygraph phase of hiring to fill Department vacancies. To account for any additional position allocations during the course of the contract, the Department will account for up to 10 additional polygraphs in years 3, 4 and 5 for a total of 30 additional polygraphs over the course of the agreement. Additionally, to account for any potential Consumer Price Index (CPI) cost increases, the Department will account for up to 5% tied to the Western Region CPI in years 3, 4 and 5. This will bring the total of this contract to an amount not to exceed $538,260 over five years.
1 68068 – Polygraph Equipment and Supplies, 96100 – Miscellaneous Services, No 1 (Not Otherwise Classified), 96200 – Miscellaneous Services, No 2 (Not Otherwise Classified), 99070 – Polygraph Testing Services. #3..
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Finance Committee, May 20, 2024
Polygraph Examination Services Agreement

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Funds for polygraph examination services are budgeted in the current fiscal year and next fiscal year Police Department Operating Budget as follows: 0100-19420-53300 (General Fund, MPD.

Records and Support, Professional Services). Funds are budgeted in this account each fiscal year for polygraph examination services.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) oneyear extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years and forwarding to Council for approval.

Approved by:

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

1. Agreement

2. Exhibit B- IFB 2324-33 – Assurance Polygraph, LLC

3. Exhibit C -IFB 2324-33 – Polygraph Examination Services

4. Cost Abstract
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1 ANNUAL AGREEMENT # 270630 – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made, and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Assurance Polygraph LLC, a California corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Bid and agreement for POLYGRAPH EXAMINATION 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 POLYGRAPH EXAMINATION SERVICES as described in IFB 2324-33 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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 furnish said services at the following AGREEMENT rates for an estimated annual amount $96,250. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $538,260. 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
Description Unit Unit Price
Polygraph Examination EA $ 385
*Any No-Show or Cancellation with less than 24 hours’ notice will be subject to charge at unit price above.

Description Unit Unit Price
Daily Per-Diem Daily $1,200
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $1,200
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3 2. CITY REPRESENTATIVE:

CITY Representative: Jessica Smart, Modesto Police Department, Police Administrator, (209) 572-9518, [email protected]
Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] 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. CONTRCTOR CONTACT:

Contractor Contact: Jada Dessaure, Assurance Polygraph, Owner, (510) 660-3150, [email protected]

4. TERM OF AGREEMENT:

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

Year 1: July 13, 2024, through July 12, 2025
Year 2: July 13, 2025, through July 12, 2026
Year 3: July 13, 2026, through July 12, 2027
Year 4: July 13, 2027, through July 12, 2028
Year 5: July 13, 2028, through July 12, 2029
Pricing as set forth in Section 1.d. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years three through five, shall not exceed the percentage change in the Consumer Price Index (CPI) for 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, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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4 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 $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. 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. c. Professional Liability - insurance with a minimum limit of $1,000,000 per claim and $200,000,000 policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the 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 #3..
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5 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 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.

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.

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 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:
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6  This AGREEMENT number: 270630
 CITY department/division name and address.
 Billing period.
 Service hours worked day and week.
 Candidate name, 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.

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.

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 #3..
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7 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.2024-_______
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-33

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 non-performance 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.

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. #3..
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8 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.
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.
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9 CITY will pay CONTRACTOR for SERVICES 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.

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.
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10 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 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 #3..
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11 following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Assurance Polygraph LLC
Jada Dessaure - Owner
3666 Seven Hills Road,
Castro Valley, CA 94546
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

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 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:
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12 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, #3..
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13 accounts, other sources of information and its facilities as said Department or CITY shall require ascertaining compliance with this AGREEMENT.

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.

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.

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 #3..
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14 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.

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:
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15 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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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and Assurance Polygraph LLC has caused this Agreement to be duly executed. #3..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-33
FOR

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
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 – Support of Local Vendors
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. #3..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
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 coming 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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POLYGRAPH EXAMINATION

SERVICES
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:

Assurance Polygraph LLC
20200 Redwood Road, Unit 9, Castro Valley, CA 94546
Castro Valley, CA 94546
Owner/Polygraph Examiner December 9, 2023
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
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:

Assurance Polygraph LLC
DBA Assurance Polygraph LLC
X California
20200 Redwood Road, Unit 9
Castro Valley, CA 94546
Assurancepolygraph.com
Jada Dessaure
Owner
510-660-3150
510-660-3150
3666 Seven Hills Road,
Castro Valley, CA 94546 N/A
[email protected]
83-1678680
January 2020 to Present
None
Jada Dessaure, CEO/OWNER
Sole Proprietor
**No other Officers
X California
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):

N/A
20200 Redwood Road, Unit 9,
Castro Valley, CA 94546
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
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.

Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $96,250 __
___
_________ Description Unit Unit Price
Daily Per-Diem Daily $ 1200.00_________ Description Unit Unit Price Court Testimony or other
administration hearing support Daily $________________
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 ePay Email Address: _____________________________
• 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:
385.00
1200.00
Assurance Polygraph LLC
Jada Dessaure
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POLYGRAPH EXAMINATION

SERVICES
22 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:

Any no-show or cancellation with less than 24 hours notice will be 1 21 subject to the charge at the quoted rate Polygraph exam rate
Assurance Polygraph LLC
Jada Dessaure
2 33 G The examiners at this agency do not wish to provide investigative exams . 3 Subcontractor 2, a polygraph examiner, falls short of the experience threshold specified in this bid. To address this, she will serve as an intern, with her reports and products undergoing thorough review and quality control by either Key Personnel 1 or Subcontractor 1. Both individuals possess the requisite direct experience in delivering the services outlined in this Invitation for Bid (IFB).
32 Bid Form L
4 21 Bid quote rate for years 1and 2. Option to request increase during optional extension years.3, 4, and 5
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POLYGRAPH EXAMINATION

SERVICES
23 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 $
San Mateo County Sheriff's Office
Scott Miller
Sheriff's Office
Bay Area Rapid Transit Police Department
Sergeant Joshua Perez
Police Department

400 County Center
Redwood City, CA 94063
650-363-1907
[email protected]
101 8th Street
Oakland, CA 94607
September 1, 2020
December 14, 2021
510-464-7030
[email protected]
37,500
45,000
Or Nicole Mejia
[email protected]
or 650.363.4052
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POLYGRAPH EXAMINATION

SERVICES
24 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 $
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 $
San Mateo County Public Safety Communications
Office of Public Safety Communications
Burlingame Police Department
Atherton Police Department
December 2021 to Present
501 Winslow Street, 2nd Floor, PSC 100
Redwood City, CA 94063
Mr. Jeffrey Collins
15,000
no contract. As requested services up to $2100 per year no contract. As requested services up to $2100 per year Started in January 2021
Police Department
Ms. Jennifer Frew
[email protected]
650-752-0503
80 Fair Oaks Lane
Atherton, CA 94027
Captain Robert Boll
Burlingame, CA 94020
1111 Trousdale Drive
[email protected]
650-777-4177
Police Department
March 2022
650-363-4694
[email protected]
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
25 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.

Type text here
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
26 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:

Assurance Polygraph LLC
Jada Dessaure
Jada, Dessaure
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
27 BID FORM G – SUPPORT OF LOCAL VENDORS
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:

N/A
Jada Dessaure

CEO/OWNER
December 12, 2023
N/A
N/A
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POLYGRAPH EXAMINATION

SERVICES
28 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:

Assurance Polygraph LLC
Established on January 25, 2020, in San Jose, CA, Assurance Polygraph LLC was founded by Jada Dessaure.

Since its inception, the company has garnered a stellar reputation as a prominent polygraph examiner and provider in the Bay Area. Assurance Polygraph has demonstrated success in various domains, including collaborations with law enforcement agencies, handling private party matters, and navigating Criminal or Therapeutic environments. The company works closely with therapists, attorneys, and their clients, solidifying its position as a trusted entity in the industry. We expanded our operations by opening an office in Castro Valley, CA, the location of our current headquarters.

The principal examiner at Assurance Polygraph LLC, Jada Dessaure, underwent formal training at the Marston Polygraph Academy, an accredited polygraph program, in 2017. Following graduation, she proactively joined three polygraph associations to ensure ongoing professional development and adherence to evolving testing practices. Her dedication led to certification as a CAPE (California Association of Polygraph Examiners) certified examiner, surpassing the continuing education requirements of all relevant polygraph associations.

In pursuit of excellence, she engaged in a mentorship under a seasoned polygraph examiner, focusing on refining accuracy and efficiency. Notably, she played a pivotal role in establishing the inaugural polygraph unit for the Santa Clara County Sheriff’s Office, contributing to the organization's preemployment polygraph examinations while serving as a Deputy Sheriff.

Her commitment to the field extended to a two-year term on the Board of Directors for the California Association of Polygraph Examiners, further exemplifying her dedication to professional standards and advancement within the polygraph community.

In anticipation of her retirement from the Santa Clara County Sheriff’s Office, Jada strategically established a private practice specializing in preemployment polygraph examinations for northern California law enforcement agencies. In this capacity, she served as a subcontractor for an established polygraph company, offering her expertise to augment their operations. Subsequently, Jada successfully competed for contracts with various local law enforcement agencies, ultimately securing awards as the primary or secondary polygraph examination provider. (Continued on next page)
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With a wealth of experience, Jada has conducted over 650 comprehensive polygraph examina�ons encompassing Mul�-Issue, Specific Issue, Therapeu�c, Criminal, Private, and PreEmployment assessments. Her clientele extends across both Northern and Southern California, catering to the unique needs of police and fire departments in the region. This extensive background underscores her proficiency and commitment to delivering high-quality polygraph services.

We are pleased to introduce two highly skilled polygraph examinersjoining our team, both graduates of the pres�gious Marston Polygraph Academy. Committed to maintaining the highest professionalstandards, they diligently fulfill all con�nuing educa�on requirements established by the American Polygraph Associa�on. These seasoned professionals bring a wealth of inves�ga�ve exper�se, having served as re�red or ac�ve law enforcement officers. Their in�mate familiarity with police inves�ga�ons, law enforcement backgrounds, and extensive experience in conduc�ng polygraph examina�ons form a cornerstone of Assurance Polygraph'ssuccess.

Collec�vely, our examiners contribute a remarkable 55 years of combined law enforcement experience.

Assurance Polygraph LLC primarily serves a clientele consisting predominantly of applicants aspiring to pursue law enforcement careers with agencies acrossthe Northern California territories. While our focus is on law enforcement candidates, our examiners have also garnered extensive experience by conducting polygraph examinationsfor private clients.

These private clientsseek our services for a diverse range of specific issues, including but not limited to sex addiction, theft, fraud, drug trafficking,sexual harassment, domestic violence, child abuse, and child molestation. It is noteworthy that the polygraph test topics employed for both law enforcement candidates and private clients often share common ground, highlighting the versatility and applicability of our expertise. This dual proficiency allows us to navigate the complex and varied landscape of polygraph examinations, ensuring comprehensive and effective assessments for clients.

Our polygraph examinations strictly follow the polygraph standards set by the American Polygraph Association and adhere to POST guidelines for conducting background investigations.

Drawing from our experience and expertise asbackground investigators, we possess a deep understanding of the essential applicant information sought by investigators and hiring boards.

This proficiency ensures that our polygraph interviews and examinations remain sensitive to all legal considerations, particularly those concerning prohibited inquiries based on the applicant's stage in the hiring process, whether pre or post a conditional offer Assurance Polygraph is headquartered in Castro Valley, CA; However, for the scope of this contract, we propose extending our services through our established sub-contractors based in San Jose, CA, and Morgan Hill, CA. This strategic inclusion of subcontractors reinforces our capability to meet the specific requirements outlined in this bid. #3..
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BIDFORMH–BIDDERCOMPANYHISTORYSTATEMENT(Continued)
WhiletheModestoPoliceDepartmentretainstheresponsibilityofdeterminingtestingprioritiesforitsapplicants, AssurancePolygraphemploysastreamlinedon-lineschedulingsystem.Thisschedulingsystemempowers examineestoconvenientlyselectanappointmentdatethatalignswiththeirschedule.Tofurtherenhance efficiency,weimplementproactivemeasuressuchasemailandtextreminders,effectivelyminimizinginstancesof no-shows,cancellations,andschedulingdiscrepancies.Thiscommitmenttooperationalexcellenceensuresa seamlessandeffectivepolygraphexaminationprocess.

AssurancePolygraphtakesprideinourcommitmenttoeco-friendlypracticesandtheresponsiblestewardshipof theenvironment.Inlinewiththiscommitment,wehaveimplementedsustainablebusinessoperations.Allourforms aresubmittedelectronically,eliminatingtheneedforpaper,reducingwaste,andminimizingourcarbonfootprint.

To ensure the utmost security and confidentiality of the information shared, our data-sharing protocols are meticulously designed. We employ password-encrypted documents and utilize a secure data vault, which grants selective permissions for viewing, editing, and adding information. This approach not only enhances the security of our data but also reflects our dedication to both environmental and information protection standards. By embracing these eco-friendly and secure practices, we strive to contribute to a sustainable future while safeguarding the integrity of the information entrusted to usϟϙ #3..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
29 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
(“,”):
, 2
Bidder Company Name:
1 Assurance Polygraph LLC
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
30 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, terms, 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:

Assurance Polygraph LLC
The bidder assures that materials, supplies, or services provided under the ensuing contract will meet or exceed the standards specified in this Invitation for Bid (IFB), covering aspects like performance,workmanship, labor, materials, and any contributions by the bidder in design or engineering.

Should any defects be discovered in covered items, the bidder commits to rectify reported issues at their expense within 30 days of the City's final acceptance. After the applicable warranty period, liability concludes, except in cases of fraud, gross mistakes, latent defects, or specific failures to comply with purchase order terms.

All materials, parts, labor, assemblies, and components are bound by the specified warranty conditions unless exempted in writing by the City of Modesto. - Assurance Polygaph LLC
Jada Dessaure
Owner/CEO
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
31 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. #3..
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Law Enforcement Trainingϡϙ
ϟiϟϟϟϙÍŜĖèϙĺīĖèôϙèÍîôıƅϙ@ŘÍîŪÍťĖĺĲϙϱVŪīƅϙ͑͏͏͗ϙ
Post Basic Certificateϙϱ>ôæŘŪÍŘƅϙ͑Ϡϙ͑͏͐͏ϙ
Post Intermediate CertificateϙϱbĺŽôıæôŘϙ͒Ϡϙ͑͏͐͏ϙ
Post Advanced CertificateϙϱϙVŪīƅϙ͔͑Ϡϙ͑͏͓͐ϙ
Polygraph Training and Certificationsϡϙ
aÍŘŜťĺĲϙĺīƅČŘÍŕēϙèēĺĺīϙ@ŘÍîŪÍťĖĺĲϙϱôŕťôıæôŘϙ͔͐Ϡϙ͑͏͖͐ϙ Certified Polygraph Examiner (CAPE)ϙϱϙŕŘĖīϙ͑͏͑͐ϙ
Post Conviction Sex OƯender Testing Certification (Marston Polygraph Academy)ϙϱϙ"ôèôıæôŘϙ͐͘Ϡϙ ͑͏͐͘ϙ
Additional Relevant Trainingϡϙ
IĲťôŘŽĖôſϙÍĲîϙIĲťôŘŘĺČÍťĖĺĲϙϼIϽϙϱϙVŪĲôϙ͐͗ϙϳϙVŪĲôϙ͑͑Ϡϙ͑͏͐ ÍèħČŘĺŪĲîϙIĲŽôŜťĖČÍťĺŘϙŘÍĖĲĖĲČϙϱϙŪČŪŜťϙ͗ϙϳϙ͐͑Ϡϙ͑͏͕͐ϙ Polygraph Association Membershipsϡϙ

ÍīĖċĺŘĲĖÍϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘŜϙϼ
(ϽϙĖĲèôϙ͑͏͖͐ϙϳϙ(ƄŕĖŘôŜϙ"ôèô
ıôŘĖèÍĲϙĺīƅČŘÍŕēϙŜŜĺèĖÍťĖĺĲϙϼϽϙĖĲèôϙ͑͏͐͗ϙ (ƄŕĖŘôŜϙbĺŽôıæôŘϙ͑͏͓͑ϙ ıôŘĖèÍĲϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīĖèôϙĺīƅČŘÍŕēôŘŜϙϼϽϙĖĲèôϙ͑ (ƄŕĖŘôŜϙ͐͑ϯ͒͐ϯ͑͏͓͑ #3..
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ēÍĖŘϙϼ͑͏͑͐ϱ͑͏͑͒
Professional Experienceϡϙ
ĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘϙϱϙŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙ[[
ϡ VÍĲŪÍŘƅϙ͑͏͑͏ϙťĺϙŘôŜôĲťϙ

ĺĲîŪèťôîϙŕŘôϱôıŕīĺƅıôĲťϙŕĺīƅČŘÍŕēϙôƄÍıŜϙċĺŘϙŽÍŘĖĺŪŜϙīÍſϙôĲċĺŘèôıôĲťϙÍČôĲèĖôŜϡ Santa Clara County SheriƯ's OƯiceϠϙťēôŘťĺĲϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙôīıĺĲťϙ ĺīĖèôϙ"ôŕÍŘťıôĲťϠϙŪŘīĖĲČÍıôϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ
ĺŘĺĲÍϙ>ĖŘôϙ"ôŕÍŘťıôĲťϠϙ(ÍŜťϙÍƅϙôČĖĺĲÍīϙ
ÍŘħŜϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ@ÍŽĖĲϙ"ôϙôèħôŘϠϙFĺīīĖŜťôŘϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙ[ĖŽôŘıĺŘôϙĺīĖèôϙ "ôŕÍŘťıôĲťϠϙ[ĺĲČϙôÍèēϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙiŘÍĲČôϙ
ĺŪĲťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙôîſĺĺîϙ
Ėťƅϙ
ĺīĖèôϙ"ôŕÍŘťıôĲťϠϙÍĲϙVĺŜôϙťÍťôϙĲĖŽôŘŜĖťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϠϙÍĲϙaÍťôĺϙ ĺŪĲťƅϙŪæīĖèϙÍċôťƅϙ

ĺııŪĲĖèÍťĖĺĲŜϠϙSan Mateo County SheriƯ's OƯiceϠϙÍĲϙÍıĺĲϙ«Íīīôƅϙ>ĖŘôϙŘĺťôèťĖĺĲϙ"ĖŜťŘĖèťϠϙ ŪĲĲƅŽÍīôϙ"ôŕÍŘťıôĲťϙĺċϙŪæīĖèϙÍċôťƅϠϙÍĲîϙĲĖĺĲϙ
ĖťƅϙĺīĖèôϙ"ôŕÍŘťıôĲťϙ
Number of Polygraph Exams completed ϼťĺϙîÍťôϽϡϙѴ͕͔͏ϙ ϪProficient in all polygraph testing formats and scoring techniques. ϪRegular attendance at annual training seminars ensures flexibility in using the most upϱťĺϱîÍťôϙ ŕŘÍèťĖèôŜϙĖĲϙťēôϙĖĲîŪŜťŘƅϟϙ
In accordance with Bid Form L ϳϙSubcontractor List, we anticipate subcontracting certain aspects ofthe work. The firms identified for subcontracting are as followsϡϙ
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͖͗͐͘ϙ®ôŜťſĺĺîϙ"ŘĖŽôϠϙŪĖťôϙ(Ϡϙ@ĖīŘĺƅϠϙ
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Type of Work/TaskϡϙĺīƅČŘÍŕēϙ(ƄÍıĖĲÍťĖĺĲŜϙ
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Educationϡϙ
FĖČēϙèēĺĺīϙ"ĖŕīĺıÍ
[ĖŽôϙiÍħϙFĖČēϙèēĺĺīϙϳϙVŪĲôϙ͐͗͗͘
Law Enforcement Trainingϡϙ

ĺŪĲťƅϙĺċϙÍĲťÍϙ
īÍŘÍϠϙ"ôŕÍŘťıôĲťϙĺċϙ
ĺŘŘôèťĖĺĲŜϙèÍîôıƅϙϱ@ŘÍîŪÍťĖĺĲϙϳϙ"ôèôıæôŘϙ͔͐͘͘ϙ

ĺŪĲťƅϙĺċϙÍĲťÍϙ
īÍŘÍϠϙOƯice of the SheriƯϙϱϙſĺŘĲϱĖĲϙ͑͏͐͑
Polygraph Training and Certificationsϡϙ
aÍŘŜťĺĲϙĺīƅČŘÍŕēϙèēĺĺīϙϱϙ@ŘÍîŪÍťĖĺĲϙϳϙ"ôèôıæôŘϙ͏͘Ϡϙ͑͏͕͐ϙ ĺŜťϱConviction Sex OƯender Testing Certification (Marston Polygraph Academy)ϙϱ"ôèôıæôŘϙ͐͘Ϡϙ ͑͏͐͘
Additional Trainingϡϙ
IĲťôŘŽĖôſϙÍĲîϙIĲťôŘŘĺČÍťĖĺĲϙϼIϽϙϱϙVŪĲôϙ͐͗ϙϳϙVŪĲôϙ͑͑Ϡϙ͑͏͐͗ϙ ÍèħČŘĺŪĲîϙIĲŽôŜťĖČÍťĺŘϙŘÍĖĲĖĲČϙϱϙŪČŪŜťϙ͏͖Ϡϙ͑͏͕͐
Polygraph Association Membershipsϡϙ

ÍīĖċĺŘĲĖÍϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘŜϙϼ
(ϽϙϱièťĺæôŘϙ͑͏͖͐ϱϙôƄŕĖŘôŜϙ"ôèôıæôŘϙ͒͐Ϡϙ͑͏͓͑ϙ
ıôŘĖèÍĲϙĺīƅČŘÍŕēϙŜŜĺèĖÍťĖĺĲϙϼϽϙϱϙ͑͏͖͐ϙϳϙôƄŕĖŘôŜϙbĺŽôıæôŘϙ͑͏͑ ıôŘĖèÍĲϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīĖèôϙĺīƅČŘÍŕēĖŜťŜϙϼϽϙϱϙ͑͏͖͐ϙϳϙôƄŕĖŘôŜϙ"ôèôıæôŘϙ͑͏͓͑ Professional Experienceϡϙ
ĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘϙϳϙVÍĲŪÍŘƅϙ͑͏͖͐ϙťĺϙièťĺæôŘϙ͑͏͐͘ϟϙ
ĺĲîŪèťôîϙŕŘôϱôıŕīĺƅıôĲťϙŕĺīƅČŘÍŕēϙôƄÍ
for County of SantaClara, OƯice of the SheriƯϙÍĲîϙŘŪťēϙôϙĺīîϙĺīƅČŘÍŕēϠϙ[[ bŪıæôŘϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıŜϙèĺıŕīôťôîϙϼÍŕŕŘĺƄĖıÍťôϽϡϙ͒͏͏
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͖͔͐͒ϙbϟϙ>ĖŘŜťϙťŘôôťϠϙŪĖťôϙ͐͏͓ϠϙÍĲϙVĺŜôϠϙ
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Type of Work/TaskϡϙĺīƅČŘÍŕēϙ(ƄÍıĖĲÍťĖĺĲŜ
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Educationϡϙ
aÍŜťôŘϙĺċϙŘťŜϙϳŪŜĖĲôŜŜϙaÍĲÍČôıôĲťϠϙŕĺŘťŜϙîıĖĲĖŜťŘÍťĖĺĲϠϙĲĖŽôŘŜĖťƅϙĺċϙÍĲϙ>ŘÍĲèĖŜèĺϠϙŪČŪŜťϙ ͐͘͘͘ϙ
ÍèēôīĺŘϙĺċϙèĖôĲèôϙϱϙîıĖĲĖŜťŘÍťĖĺĲϙĺċϙVŪŜťĖèôϠϙÍĲϙVĺŜôϙťÍťôϙĲĖŽôŘŜĖťƅϠϙ"ôèôıæôŘϙ͐͒͘͘ϙ Law Enforcement Trainingϡϙ
ϟiϟϟϟϙÍŜĖèϙĺīĖèôϙèÍîôıƅϙ@ŘÍîŪÍťĖĺĲϙϳϙôŕťôıæôŘϙ͔Ϡϙ͑͏͏͖ϙ Post Basic Certificate ϱϙôŕťôıæôŘϙ͔Ϡϙ͑͏͏͖ϙ
Post IntermediateCertificate ϱϙbĺŽôıæôŘϙ͒Ϡϙ͑͏͐
Post Advanced Certificate ϱϙVŪīƅϙ͔͑Ϡϙ͑͏͓͐ϙ
Polygraph Training and Certificationsϡϙ
aÍŘŜťĺĲϙĺīƅČŘÍŕēϙèēĺĺīϙ@ŘÍîŪÍťĖĺĲϙϱôŕťôıæôŘϙ͕͐Ϡϙ͑͏͑͑ϙ Polygraph Association Memberships:

ÍīĖċĺŘĲĖÍϙŜŜĺèĖÍťĖĺĲϙĺċϙĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘŜϙϼ
(Ͻϙ
Professional Experienceϡϙ
ĺīƅČŘÍŕēϙ(ƄÍıĖĲôŘϙϳϙ@ĺīĖÍťēϙĺīƅČŘÍŕēϙ[[
ϡϙôŕťôıæôŘϙ͕͐Ϡϙ͑͏͑͑ϠϙťĺϙŘôŜôĲťϙ
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ŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙĖŜϙèĺııĖťťôîϙťĺϙıÍĖĲťÍĖĲĖĲČϙťēôϙēĖČēôŜťϙŜťÍĲîÍŘîŜϙťēŘĺŪČēϙťēôϙŕĺŜŜôŜŜĖĺĲϙĺċϙ relevant certificationsϟϙ Company Certificationϡϙ®ôϙēĺīîϙÍϙæŪŜĖĲôŜŜϙīĖèôĲŜôϙĖŜŜŪôîϙæƅϙīÍıôîÍϙ ĺŪĲťƅϠϙôĲÍæīĖĲČϙŪŜϙťĺϙ
èĺĲîŪèťϙæŪŜĖĲôŜŜϙĖĲϙ
ÍŜťŘĺϙ«ÍīīôƅϠϙ
ϟϙ®ôϙèĺııĖťϙťĺϙŜôèŪŘĖĲČϙÍīīϙŘôŗŪĖŜĖťôϙæŪŜĖĲôŜŜϙīĖèôĲŜôŜϙťĺϙ meet the specifications outlined in this bid.

Individual CertificationsϡϙIϙÍıϙÍťťÍèēĖĲČϙcopies of the graduation certificates for each of our ŕĺīƅČŘÍŕēϙôƄÍıĖĲôŘŜϟϙIťϙĖs important to note that these certificates do not have an expiration date.

FĺſôŽôŘϠϙĖĲϙÍîēôŘôĲèôϙťĺϙťēôϙıôıæôŘŜēĖŕϙŘôŗŪĖŘôıôĲťŜϙĺċϙŕĺīƅČŘÍŕēϙÍŜŜĺèĖÍťĖĺĲŜϠϙôƄÍıĖĲôŘŜϙÍŘôϙ obligated to fulfill a minimum of ċĺŘťƅϙēĺŪŘŜϙĺċϙèĺĲťĖĲŪĖĲČϙôîŪèÍťĖĺĲϙôŽôŘƅϙťſĺϙƅôÍŘŜϟϙIϙÍıϙŕīôÍŜôîϙ to confirm that, as of "ôèôıæôŘϙ͑͏͑͒ϠϙÍīīϙĺŪŘϙôƄÍıĖĲôŘŜϙēÍŽôϙŜŪŘŕÍŜŜôîϙťēôϙıÍĲîÍťĺŘƅϙ ŘôŗŪĖŘôıôĲťϙæƅϙèĺıŕīôťĖĲČϙıĺŘôϙťēÍĲϙċĺŘťƅϙēĺŪŘŜϙĺċϙèĺĲťĖĲŪĖĲČϙôîŪèÍťĖĺĲϟϙŪæŜôŗŪôĲťϙ ŜŪæıĖŜŜĖĺĲŜϙĺċϙĲôſϙēĺŪŘŜϙÍŘôϙĲĺťϙôƄŕôèťôîϙŪĲťĖīϙ͑͏͔͑ϟϙϙ Membership Certificates for CAPE
͐ϟϙVÍîÍϙ"ôŜŜÍŪŘôϠϙ(ƄŕĖŘÍťĖĺĲϙ"Íťôϡϙ"ôèôıæôŘϙ͑͏͓͑ϙ

2. Elizabeth Rodriguez, Expiration Date:ϙ"ôèôıæôŘϙ͑͏͓͑ϙ ͒ϟaĖČĲĺĲϙŪŘŘôīīϠϙ(ƄŕĖŘÍťĖĺĲϙ"Íťôϡϙ"ôèôıæôŘϙ͑͏͓͑ϙ
Membership Certificates for APA
͐ϟϙVÍîÍϙ"ôŜŜÍŪŘôϠϙ(ƄŕĖŘÍťĖĺĲϙ"ÍťôϡϙbĺŽôıæôŘϙ͑͏

2. Elizabeth Rodrigues, Expiration Date: bĺŽôıæôŘϙ͑͏͓͑ϙ Membership Certificates AAPP
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ŜŜŪŘÍĲèôϙĺīƅČŘÍŕēϙĖŜϙîôîĖèÍťôîϙto delivering services of the utmost quality, backed by a qualified team and requisite certifications.
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ŵƉůŽǇĞĚWŽůǇŐƌĂƉŚ
ǆĂŵŝŶĞƌ
:ĂŶϮϬϮϬͲ:ƵůǇϮϬϮϮ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;,ĂůůŽĨ:ƵƐƚŝĐĞͬ:ƵǀĞŶŝůĞ,ĂůůͬWĂůŽůƚŽ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ ^ĞƉϮϬϭϳʹĞĐϮϬϭϵ ĂĐŬŐƌŽƵŶĚƐĂŶĚZĞĐƌƵŝƚŝŶŐ
WŽůǇŐƌĂƉŚ
ǆĂŵŝŶĞƌ͕,Y WĂƚƌŽů͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ
ĞĐϮϬϭϱʹ^ĞƉϮϬϭϳ ĂĐŬŐƌŽƵŶĚƐĂŶĚZĞĐƌƵŝƚŝŶŐ
ĂĐŬŐƌŽƵŶĚ/ŶǀĞƐƚŝŐĂƚŽƌ͕,Y WĂƚƌŽů͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶϮϬϭϰͲĞĐϮϬϭϱ ƵƐƚŽĚǇƵƌĞĂƵͬ^ƵƉƉŽƌƚ^ĞƌǀŝĐĞƐŝǀŝƐŝŽŶ ƵƐƚŽĚŝĂůůƚĞƌŶĂƚŝǀĞ^ƵƉĞƌǀŝƐŝŽŶ hŶŝƚ;^hͿ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶϮϬϭϭͲĞĐϮϬϭϯ ,ĞĂĚƋƵĂƌƚĞƌƐWĂƚƌŽůŝǀŝƐŝŽŶ;KƉĞƌĂƚŝŽŶƐĚĞƐŬͬWĂƚƌŽůͲĞŶƚƌĂůͿ >Ăǁ
ŶĨŽƌĐĞŵĞŶƚWĂƚƌŽůŝǀŝƐŝŽŶ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ
:ĂŶϮϬϭϬͲĞĐϮϬϭϬ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;dĞƌƌĂŝŶĞŽƵƌƚ&ĂĐŝůŝƚǇͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ :ŽƐĞ͕ĂůŝĨŽƌ
^ĞƉƚ͘ϮϬϬϵͲ:ĂŶϮϬϭϬ &ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ;&dKͿ
^ŚĞƌŝĨĨ͛ƐKĨĨŝĐĞ&ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶ :ƵůǇϮϬϬϴͲ^ĞƉƚ͘ϮϬϬϵ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;dĞƌƌĂŝŶĞͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶ :ƵůǇϮϬϬϴ W͘K͘^͘d͘ĂƐŝĐWŽůŝĐĞĐĂĚĞ
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:ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞŶƚĞƌ;^͘͘͘ηϱͿ͕DŽƌŐĂŶ,ŝůů͕ĂůŝĨŽƌŶŝĂ Yh>/&/d/KE^͗
ĞƌƚŝĨŝĐĂƚĞƐ  ĂƐ WŽůŝĐĞĐĂĚĞŵǇĞƌƚŝĨŝĐĂƚĞ :ƵůǇϭϭ͕ϮϬϬϴ  W͘K͘^͘d͘ĂƐŝĐĞƌƚŝĨŝĐĂƚĞ &ĞďϮ͕ϮϬϭϬ  W͘K͘^͘d͘/ŶƚĞƌŵĞĚŝĂƚĞĞƌƚŝĨŝĐĂƚĞ EŽǀĞŵďĞƌϯ͕ϮϬϭϬ  W͘K͘^͘d͘ĚǀĂŶĐĞĚĞƌƚŝĨŝĐĂƚĞ :ƵůǇϮϱ͕ϮϬ  WŽůǇŐƌĂƉŚ
ǆĂŵŝŶĞƌ ^ĞƉƚĞŵďĞƌϭϱ͕ϮϬϭϳ
 WŽƐƚͲŽŶǀŝĐƚŝŽŶ^Ğǆ KĨĨĞŶĚĞƌ
ǆĂŵŝŶĞƌ ĞĐĞŵďĞƌϮϬ͕ϮϬϭϵ
>Ăǁ
ŶĨŽƌĐĞŵĞŶ dƌĂŝŶŝŶŐ
 WŽƐƚͲŽŶǀŝĐƚŝŽŶ^Ğǆ KĨĨĞŶĚĞƌdĞƐƚŝŶŐ ĞĐĞŵďĞƌϭϲͲϮϬ͕ϮϬϭϵ  d/ /ŶƚĞƌǀŝĞǁĂŶĚ/ŶƚĞƌƌŽŐĂƚŝŽŶ :ƵŶĞϮϬϭϴ  DĂƌƐƚŽŶWŽůǇŐƌĂƉŚĐĂĚĞŵǇ :ƵůǇϭϬʹ^ĞƉƚϭϱ͕ϮϬϭϳ  ĂĐŬŐƌŽƵŶĚ/ŶǀĞƐƚŝŐĂƚŝŽŶ ƵŐƵƐƚϵʹϭϭ͕ϮϬϭϲ  /ŵƉůŝĐŝƚŝĂƐ dƌĂŝŶƚŚĞdƌĂŝŶĞƌ ĞĐĞŵďĞƌϮϴ͕ϮϬϭϱ  ZĞĐŽƌĚŽĨƌƌĞƐƚĂŶĚWƌŽƐĞĐƵƚŝŽŶdƌĂŝŶŝŶŐ EŽǀĞŵďĞƌϭϮ͕ϮϬϭϱ ;K:Ϳ  ƌŝŵŝŶĂůDŝŶĚƐĞƚΘdĂĐƚŝĐƐWŽƐƚϭϬϵ DĂǇϮϭ͕ϮϬϭϱ  ŚŝůĚďƵƐĞŽƵŶĐŝů^ǇŵƉŽƐŝƵŵ Ɖƌŝůϭϳ͕ϮϬϭϱ  ŽŵĞƐƚŝĐsŝŽůĞŶĐĞ͗/ƚ͛ƐǇŽƵƌĐĂůůsϭ ƉƌŝůϮϰ͕  ^ƚƌĞĞƚĞǀĞůŽƉŵĞŶƚ ƉƌŝůϮϮ͕ϮϬϭϯ  Z;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ DĂƌĐŚϮϲͲϮϴ͕Ϯ  DŝŶŝZ;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ :ƵůǇϮϲ͕ϮϬϭϮ  ZĞƉŽƌƚtƌŝƚŝŶŐ &ĞďƌƵĂƌǇϰ͕ϮϬϭϭ  ŽŵŵƵŶŝĐĂƚŝŽŶ<ĞĞƉŝŶŐzŽƵƌ ĚŐĞ EŽǀĞŵďĞƌϭϬ͕ϮϬϭ
 'ĂŶŐǁĂƌĞŶĞ KĐƚŽďĞƌϰ͕ϮϬϬϴ
^ŬŝůůƐ  ƵƌƌĞŶƚZĂŶŐĞ ,ĂŶĚŐƵŶĂŶĚ>ĞƐƐ>ĞƚŚĂůͿ  ƵƌƌĞŶƚWZ͕ĂŶĚ&ŝƌƐƚŝĚĞƌƚŝĨŝĐĂƚŝŽŶ  WŽǁĞƌWŽŝŶƚͬ ǆĐĞůͬDŝĐƌŽƐŽĨƚtŽƌĚͬ:/^ĂƚĂďĂƐĞͬ:/ͬ^>
d^
 ŽŵŵƵŶŝĐĂƚŝŽŶ
 WƌŽďůĞŵ^ŽůǀŝŶŐ
 ZĞƉŽƌƚtƌŝƚŝŶ
 WƵďůŝĐ^ƉĞĂŬŝŶŐ  /ŵƉůŝĐŝƚŝĂƐ/ŶƐƚƌƵĐƚŽƌ;:ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞŶƚĞƌΘŽŶƚŝŶƵĞ ĚƵĐĂƚŝŽŶĨŽƌĚĞƉƵƚŝĞƐͿ
ĚĚŝƚŝŽŶĂů>Ăǁ
ŶĨŽƌĐĞŵĞŶƚZĞůĂƚĞĚĐƚŝǀŝƚŝĞ
 WŚǇƐŝĐĂůŐŝůŝƚǇdĞƐƚWƌŽĐƚŽƌ;ĂĐŬŐƌŽƵŶĚƐΘZĞĐƌƵŝƚŝŶŐ :ƵƐƚŝĐĞdƌĂŝŶŝŶŐĞ  :Žď&ĂŝƌZĞƉƌĞƐĞŶƚĂƚŝǀĞ;ĂĐŬŐƌŽƵŶĚƐΘZĞĐƌƵŝƚŝŶŐͿ  WĂƌƚŝĐŝƉĂŶƚŝŶWdĞůŽǀĞĚŽŵŵƵŶŝƚǇDĞĞƚŝŶŐͲϭϬͬϮϵͬϭϱ ZĞĨĞƌĞŶĐĞƐ͗ǀĂŝůĂďůĞƵƉŽŶƌĞƋƵĞƐ
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THIS CERTIFICATE IS PROUDLY PRESENTED TO
Jada Dessaure
12/19/2019
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/Es/dd/KE&KZ/^ηϮϯϮϰͲϯϯ
WK>z'ZW,
yD/Ed/KE^
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ib
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Iib
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7891 Westwood Drive, Suite E
Gilroy, CA 95020
408-430-3903
[email protected]
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/Es/dd/KE&KZ/^ηϮϯϮϰͲϯϯ
WK>z'ZW,
yD/Ed/KE^
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Iib
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DŝŐŶŽŶƵƌ
'ŽůŝĂƚŚWŽůǇŐƌĂƉŚ>>

ŵĂŝů͗ŐŽůŝĂƚŚƉŽůǇŐƌĂƉŚůůĐΛŐŵĂŝů͘ĐŽŵ
ĚĚƌĞƐƐ͗ϭϳϯϱE͘&ŝƌƐƚ^ƚƌĞĞƚηϭϬϰ͕^Ă :ŽƐĞ͕ϵϱ
;ϰϬϴͿϵϬϱͲϳϯ

hd/KE͗
hŶŝǀĞƌƐŝƚǇŽĨ^ĂŶ&ƌĂŶĐŝƐĐŽ͕^ĂŶ&ƌĂŶĐŝƐĐŽ͕
DĂƐƚĞƌƐŽĨƌƚƐĞŐƌĞĞ͕ƵŐƵƐƚϭ
ŽŶĐĞŶƚƌĂƚŝŽŶ͗^ƉŽƌƚƐƵƐŝŶĞƐƐ DĂŶĂŐĞŵĞŶƚ
^ĂŶ:ŽƐĞ^ƚĂƚĞhŶŝǀĞƌƐŝƚǇ͕^ĂŶ:ŽƐĞ͕
ĂĐŚĞůŽƌŽĨ^ĐŝĞŶĐĞĞŐƌĞĞ͕ĞĐĞŵďĞƌϭϵ
DĂũŽƌ͗ĚŵŝŶŝƐƚƌĂƚŝŽŶŽĨƌŝŵŝŶĂ :ƵƐƚŝĐ
DŝŶŽƌ͗ĨƌŝĐĂŶŵĞƌŝĐĂŶ^ƚƵĚŝĞƐ
^ĂŝŶƚZŽƐĞĐĂĚĞŵǇ͕^ĂŶ&ƌĂŶĐŝƐĐŽ͕
,ŝŐŚ^ĐŚŽŽůŝƉůŽŵĂ͕ :ƵŶĞϭϵϴϵ
Z
>d
tKZ<
yW
Z/
E
͗
:ĂŶϮϬϭϵʹWƌĞƐĞŶƚ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;&Ăŵŝů :ƵƐƚŝĐĞĞŶƚ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶϮϬϭϳͲ:ĂŶϮϬϭϵ tĞƐƚsĂůůĞǇWĂƚƌŽůŝǀŝƐŝŽŶ;WĂƚƌŽůͿ >Ăǁ
ŶĨŽƌĐĞŵĞŶƚWĂƚƌŽůŝǀŝƐŝŽŶ͕^ĂŶ :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ
&ĞďϮϬϭϲʹ:ĂŶϮϬϭϳ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;ŽǁŶƚŽǁŶ^ƵƉĞƌŝŽƌͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶϮϬϭϯͲ:ĂŶϮϬϭϲ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;WĂƌŬĞŶƚĞƌWůĂǌĂͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ :ĂŶϮϬϭϬͲĞĐϮϬ tĞƐƚsĂůůĞǇWĂƚƌŽůŝǀŝƐŝŽŶ;WĂƚƌŽůͿ >Ăǁ
ŶĨŽƌĐĞŵĞŶƚWĂƚƌŽůŝǀŝƐŝŽŶ͕^ĂŶ :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ
ƉƌϮϬϬϵͲĞĐϮϬϬϵ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;WĂůŽůƚŽͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^ĂŶ:ŽƐĞ͕ĂůŝĨŽƌŶŝĂ ĞĐϮϬϬϴͲƉƌϮϬ &ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ;&dKͿ
^ŚĞƌŝĨĨ͛Ɛ KĨĨŝĐĞ&ŝĞůĚdƌĂŝŶŝŶŐWƌŽŐƌĂŵ͕^ĂŶ:ŽƐĞ͕ĂůŝĨ ^ĞƉϮϬϬϳͲĞĐϮϬϬϴ ŽƵƌƚ^ĞĐƵƌŝƚǇŝǀŝƐŝŽŶ;WĂůŽůƚŽͿ ^ĂŶƚĂůĂƌĂŽƵŶƚǇ^ƵƉĞƌŝŽƌŽƵƌƚƐ͕^Ă :ŽƐĞ͕ĂůŝĨŽƌŶŝĂ #3..
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DĂƌϮϬϬϳͲ^ĞƉϮϬ W͘K͘^͘d͘ĂƐŝĐWŽůŝĐĞĐĂĚĞŵǇ
:ƵƐƚŝĐ dƌĂŝŶŝŶŐĞŶƚĞƌ;^͘͘͘ηϯ DŽƌŐĂŶ,ŝůů͕ĂůŝĨŽƌŶ Yh>/&/d/KE^͗
ĞƌƚŝĨŝĐĂƚĞƐ ▪ ĂƐŝĐWŽůŝĐĞĐĂĚĞŵǇĞƌƚŝĨŝĐĂƚ ^ĞƉϱ͕ϮϬϬϳ ▪ W͘K͘^͘d͘ĂƐŝĐĞƌƚŝĨŝĐĂƚĞ ^ĞƉϱ͕ϮϬϬϳ ▪ W͘K͘^͘d͘/ŶƚĞƌŵĞĚŝĂƚĞĞƌƚŝĨŝĐĂƚĞ EŽǀĞŵďĞƌϯ͕ϮϬϭϬ ▪ W͘K͘^͘d͘ĚǀĂŶĐĞĚĞƌƚŝĨŝĐĂƚĞ :ƵůǇϮϱ͕ϮϬϭϰ >Ăǁ
ŶĨŽƌĐĞŵ dƌĂŝŶŝŶŐ ▪ ƌŝŵŝŶĂůDŝŶĚƐĞƚΘdĂĐƚŝĐƐWŽƐƚϭϬϵ DĂǇϮϭ͕ϮϬϭϱ ▪ ŚŝůĚďƵƐĞŽƵŶĐŝů^ǇŵƉŽƐŝƵŵ Ɖƌŝůϭϳ͕ϮϬϭϱ ▪ ŽŵĞƐƚŝĐsŝŽůĞŶĐĞ͗/ƚ͛ƐǇŽƵƌĐĂůů sϭ ƉƌŝůϮϰ͕ ▪ ^ƚƌĞĞƚĞǀĞůŽƉŵĞŶƚ ƉƌŝůϮϮ͕ϮϬϭϯ ▪ Z;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝ DĂƌĐŚϮϲͲϮϴ͕Ϯ ▪ DŝŶŝZ;ƌƵŐďƵƐĞZĞĐŽŐŶŝƚŝŽŶͿ :ƵůǇϮϲ͕ϮϬϭϮ ▪ ZĞƉŽƌƚtƌŝƚŝŶŐ &ĞďƌƵĂƌǇϰ͕ϮϬ ▪ ŽŵŵƵŶŝĐĂƚŝŽŶ<ĞĞƉŝŶŐzŽƵƌ ĚŐĞ EŽǀĞŵďĞƌϭϬ͕Ϯ ▪ 'ĂŶŐǁĂƌĞŶĞƐ KĐƚŽďĞƌϰ͕ϮϬϬ
^ŬŝůůƐ ▪ ŽƵƌƚdƌĂŝŶŝŶŐKĨĨŝĐĞƌ ▪ ƵƌƌĞŶƚZĂŶŐĞ ,ĂŶĚŐƵŶ͕^ŚŽƚŐƵŶĂŶĚ>ĞƐƐ ▪ ƵƌƌĞŶƚWZ͕ĂŶĚ&ŝƌƐƚŝĚĞƌƚŝĨŝĐĂƚŝŽŶ ▪ WŽǁĞƌWŽŝŶƚͬ ǆĐĞůͬDŝĐƌŽ^ŽĨƚtŽƌĚͬ:/^ĂƚĂďĂƐĞͬ:/ͬ^>
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INVITATION FOR BIDS # 2324-33

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32 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:

Elizabeth Rodriguez
Mignon Burrell
Polygraph Examiner
Polygraph Examiner
Assurance Polygraph LLC
1735 N. First Street,
#104, San Jose CA
95112
7891 Westwood Dr.

Suite E, Gilroy CA
95020
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-33
FOR

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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2 Table of Contents PAGE
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 A. BID SUBMITTAL....................................................................................................................... 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS:.................................................. 7 F. COMPLETE BID DOCUMENT:................................................................................................ 7 G. COMPLIANCE/NON-COMPLIANCE:...................................................................................... 8 M. BID PROTEST AND APPEAL PROCEDURES:..................................................................... 10 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 22 BID FORM E – BIDDER CUSTOMER REFERENCES.................................................................... 23 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 25 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 27 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 28 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 29 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 30 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 31 BID FORM L - SUBCONTRACTOR LIST ........................................................................................ 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 33

1.1 SCOPE OF WORK:........................................................................................................................ 33

1.4 REQUIRED LICENSES: ............................................................................................................... 35 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 36 #3..
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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 Polygraph Examination Services (the “Services”) for the City of Modesto, Police Department.

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, December 19, 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. #3..
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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 # 2324-33.

BID OPENING DATE: DECEMBER 19, 2023, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all 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. #3..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued November 17, 2023
Written Questions Due via Email November 28, 2023
Addendum Issued (if required) December 5, 2023 (approximate date) Bid Due Date & Time PRIOR TO 11:00 A.M. on Tuesday, December 19, 2023 Agreement Award Approximately April 2024

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 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. #3..
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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, December 19, 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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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 – Support of Local Vendors
• 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 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. • 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.
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9 • 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.

I. SUPPORT OF LOCAL VENDORS: 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 (5) business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

J. 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.

K. 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. #3..
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10 • 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.

L. 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 submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • 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. #3..
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11 • 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
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
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12 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 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
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13 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.

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 #3..
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14 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. #3..
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15 BID SUBMITTAL CHECKLIST

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 – Support of Local Vendors
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. #3..
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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:

POLYGRAPH EXAMINATION

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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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:
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20 K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
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 ePay Email Address: _____________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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 $
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
24 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 $
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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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.

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.

10.03(h) are satisfied.

POLYGRAPH EXAMINATION

SERVICES
26 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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.

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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

POLYGRAPH EXAMINATION

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 # 2324-33

POLYGRAPH EXAMINATION

SERVICES
33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto invites qualified firms or individuals to submit a proposal for performing polygraph services for the Modesto Police Department. The Successful Proposer(s) shall provide polygraph services, including pre-employment, using a polygraph technique taught by a polygraph school accredited by one or more of following associations: American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

It is the City’s intent to award one or more agreements to one or more bidder as a primary and secondary in order to provide for backup if primary is unable to meet the City’s needs. The City reserves the right to award more than one contract for the services specified herein to ensure the continuing ability to obtain timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.

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

1.2 GENERAL REQUIREMENTS:

All polygraph examinations shall be performed in accordance with the following regulations:

A. The guidelines or bylaws of the certifying association listed above.

B. California Penal Code Sections 632 and 637.4(a).

C. Polygraph examinations shall cover general information about the candidate to include, but not limited to:
employment history, prior police history, military services, criminal activity, illegal drugs, employment theft, financial, gambling, internet use, drinking habits, and incidence of domestic violence.

D. Proof of identity of each applicant shall be confirmed with a valid form of identification prior any examination.

E. Conduct examinations within seven (7) business days after request and provide the required reports and forms within two (2) days of the completed evaluation, unless the City grants an extension for cause.

F. Have the ability to complete a minimum of thirty (30) pre-employment polygraph examinations in a thirty (30) day period.

G. The ability to conduct investigative polygraph examinations is desirable, but not required.

H. Provide an electronic copy of all polygraph examination reports to the City. #3..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
34 I. Provide a copy of all audio/video recordings of investigative examinations to the City upon request.

J. Provide a copy of all examination records and documents to the City upon request.

K. Testimony in court or other administrative hearings to support polygraph examination findings.

L. Retain all polygraph examination documents, videos, and recordings for a minimum of two years.

1.3 MINIMUM QUALIFICATIONS:

Proposer shall provide with their proposal submittal detailed information on the following:

A. Proposer shall have a minimum of three (3) years of continuous service (immediately prior to the time of the RFP submittal date) of providing pre-employment polygraph examinations to law enforcement agencies.

B. Proposer shall hold full membership and be certified with one or more of the following associations:
a. American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

C. Proposer shall have completed a minimum of 200 pre-employment polygraph examinations. Please furnish support data.

D. Proposer shall be required to provide summary invoicing which is supported by detailed cost descriptions. Please furnish examples.

E. Proposer shall be available upon request (at no cost to the City) to discuss contract issues and concerns. Please confirm acceptance.

1.4 SERVICE REQUIREMENTS:

Proposer shall provide with their proposal submittal detailed information on the following list of service requirements:

A. A list of all personnel (proposer and all employees) qualified to conduct polygraph examinations.

B. Description of all applicable association memberships and completed training courses for each examiner.

C. Proposer shall outline the overall monthly examination capacity of all examiners to provide further information on the proposer’s capacity.

D. Administer timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
35 E. Ability to conduct break down/clearing testing when appropriate (i.e., inconclusive result, significant response with new disclosures, significant response with no new disclosures, etc.)

1.5 REQUIRED LICENSES:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, 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(s) shall maintain a City of Modesto business license for the duration of the agreement.
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36 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-XX authorizing the Award of Bid and agreement for POLYGRAPH EXAMINATION 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 POLYGRAPH EXAMINATION SERVICES as described in IFB 2324-33 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, 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 $_________________. 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.
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38 AGREEMENT PRICING
Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Stated pricing is subject to ______ percent (______%) cash discount if invoice is paid within ______ days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] 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. TERM OF AGREEMENT:

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

Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
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39 Year 5: 2028 through 2029
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 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.

4. 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 $1,000,000 for bodily injury and property damage. 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.

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 #3..
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40 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.

5. 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 #3..
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41 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.

6. INDEMNITY:

7. 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 #3..
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42 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.

8. 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.

9. 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.2024-_______
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-33
Contractor’s City of Modesto business license

10. TERMINATION OF SERVICES:

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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43 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. 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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44 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 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.

11. COMPLIANCE WITH ALL LAWS:

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.

13. ASSIGNMENT OF RIGHTS:

14. 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. #3..
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46 15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

16. NOTICES:

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

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

17. 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.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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47 19. 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.

20. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

21. 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. #3..
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48 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 ascertaining compliance with this AGREEMENT.

22. 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.

23. 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 #3..
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49 AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

24. FACILITIES AND EQUIPMENT:

25. INDEPENDENT CONTRACTOR; NOT AGENT:

26. DRUG FREE WORKPLACE:

27. 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.

28. WAIVER:

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

30. MISCELLANEOUS:

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

31. ENTIRE AGREEMENT:

32. 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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51 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.
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ITEM/DESCRIPTION QTY

UNIT OF

MEASURE
Rates
1 Polygraph Examination 250 EA $400.00 $100,000.00 $385.00 $96,250.00 NR NR Lowest Bid NR = Non Responsive
Rates
Daily Per-Diem
Daily Court Testimony or other adminstration hearing support ***FOR COSTING PURPOSES ONLY***
$250.00
$1,000.00
NR
NR
Assurance Polygraph
$1,200.00
$1,200.00
Lierly Integrity Enterprises Pacific Coast Polygraph
Vacaville, CA
Pacific Coast Polygraph

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
Redding, CA
Lierly Integrity Enterprises
IFB NO. 2324-33 Polygraph Examination Services
Assurance Polygraph
Castro Valley, CA
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

May 20, 2024
Date: May 1, 2024
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment to the Agreements for Rental Fleet Services CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:

Consider the First Amendment to the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California, Holt of California, Salida, California and United Rentals (North America) Inc., Modesto, California, for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed amount of $3,000,000 and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
STRATEGIC PLAN ELEMENT:

This item is in conformance with City of Modesto Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

Various operational divisions within Parks, Recreation and Neighborhood, Utilities and Public Works Departments have a need for rental equipment for City projects and programs. Several of the City projects and programs, included but not limited to, the Blight Abatement Program, Tree Maintenance Program, Street Light and Traffic Maintenance Program, and various Capital Improvement Program projects. In addition, due to the supply chain challenges with the purchase of replacement fleet vehicles there are delays in receiving the new replacement vehicles by about 6-12 months which will increase the demand needed for rental equipment and vehicles.

With the approval of Measure H, there will be an increase in demand for vehicles and equipment that needs to be purchased by the various departments to meet the needs for the programs that were approved through the spending plan. This will only intensify the need for #4..
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Finance Committee, May 20, 2024
First Amendment to the Agreements for Rental Fleet Services

Page 2 of 3 ends

Finance CommitteeMay 20, 2024

Finance Committee
May 20, 2024