Agenda packet — Modesto City Council, August 13, 2024 (part 4 of 6)

Galveston Area Council (“HGAC”), of which the City of Modesto is a member, issued Invitation For Bids (“IFB”) number 2324-103 under HGAC Contract No. FS12-23 - Fire Apparatus and Related Vehicles Contract, for fire apparatus and related vehicles on the Houston Chronicle and Forward Times Newspaper, and online via https://procurement.opengov.com/portal/h-gac. On September 14, 2023, proposals were opened via the online portal https://procurement.opengov.com/portal/h-gac. Thirty-eight (38) proposals were received and based on the committee scoring and criteria outlined in the Request For Proposals, Golden State Fire Apparatus and an additional thirty-five (35) vendor contracts were awarded for this commodity which includes the Wildland Type III. Based on the responsive and responsible proposer offering the Products and Pricing (45%), Distinguishing Services (20%), Business Practices and Operations (10%), Geographic Areas Served / Authorized Distributor (10%), Past Performance (10%), References (5%), City staff recommends to award to Golden State Fire Apparatus in Sacramento, CA to purchase a Wildland Type III for an amount not to exceed $530,831.

Houston Galveston Area Council is a cooperative agency which streamlines the procurement process by developing Invitations for Bids (IFBs) or Requests for Proposals (RFPs) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Houston Galveston Area Council to offer exceptional products from nationally acclaimed vendors.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. An exception to the rule set forth in MMC Section 8-3.202(h) states that with the approval of Council, the City of Modesto can join with other units of government in cooperative purchasing plans when the best interest of the City would be served thereby and MMC Section 8-3.204(d) is available where the Purchasing Manager, in his or her discretion, determines that a process other than the usual formal bid procedure set forth in MMC Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality. Acting within her discretion, the Purchasing Manager invoked that exception for this purchase due to the cost savings of staff time and the competitively bid process completed by the Houston-Galveston Area Council (H-GAC) of which the City of Modesto is a member. The purchase of one (1) Type III fire engine for use by the Modesto Fire Department by “piggybacking” on the competitive bid process completed by the H-GAC contract with Golden State Fire Apparatus, will conform to MMC Section 8-3.202(h).

FISCAL IMPACT:

The total cost of the engine will be approximately $530,831. The requested action for funding is that this purchase be funded through Measure H reserve funds. These funds, if approved, will be allocated to the Fire Department Measure H - Facilities & Fleet Cost Center (0160-18611-57003) and are broken down as follows:

Apparatus Cost $487,550
Sales Tax + Tire Fee $43,281
$530,831
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City Council, August 13, 2024
Purchase of Type III Wildland Engine

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was not presented at Committee and was approved to be taken straight to the City Council by the City Manager.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $530,831 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for one BME 4X4 Freightliner Wildland Pumper and authorizing the City Manager to take the necessary steps to implement the required Budget Adjustments.

Approved by:
_______________________________________
Kevin Wise, Fire Chief
________________________________________
Joseph P. Lopez, City Manager
Attachments

1. Resolution for Purchase Agreement

2. Resolution for Budget Amendment to appropriate Measure H Funds

3. Golden State Fire Apparatus Proposal
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024- XXX

RESOLUTION APPROVING AN AGREEMENT WITH GOLDEN STATE FIRE APPARATUS FOR THE PURCHASE OF ONE BME 4X4 FREIGHTLINER
WILDLAND PUMPER FOR THE ESTIMATED COST OF $530,831 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the Modesto Fire Department responds to more than 230 vegetation fire calls per year within our local area. The current apparatus in our fleet is close to 20 years old and has been unreliable and out of service for most recent years. Replacement of this apparatus is crucial to maintaining consistency in response standards; and WHEREAS, Staff recommends adding a Type III engine to the fleet in order to address a critical need for the City, Stanislaus County, and the State of California as a whole; and
WHEREAS, the apparatus purchase would be from Pierce Manufacturing through Golden State Fire Apparatus (GSFA), who is a leading provider of such vehicles. At this time, there are no dealers of this type located within the City of Modesto; and WHEREAS, the apparatus specified in a proposal from GSFA shall be ready for final delivery within an approximate time frame of three to four months. Terms of Payment dictate that the total amount shall be due upon delivery or pickup; and WHEREAS; the total cost of the engine will be approximately $530,831; and WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, an exception to the rule set forth in MMC Section 8-3.202(h) states that with the approval of Council, the City of Modesto can join with other units of #15..
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government in cooperative purchasing plans when the best interest of the City would be served thereby and MMC Section 8-3.204(d) is available where the Purchasing Manager, in his or her discretion, determines that a process other than the usual formal bid procedure set forth in MMC Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality; and WHEREAS, the purchase of one (1) Type III fire engine for use by the Modesto Fire Department by “piggybacking” on the competitive bid process completed by the HGAC contract with Golden State Fire Apparatus, will conform to MMC Section 8-

3.202(h).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves approving an agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland pumper for the estimated cost of $530,831 and authorizing the City Manager, or his designee, to execute the agreement.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 13th day of August 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
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BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024- XXX
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 ANNUAL
OPERATING BUDGET TO APPROPRIATE $530,831 IN THE MFD – MEASURE H – FACILITIES & FLEET COST CENTER (18611) IN GENERAL FUND – MEASURE H FUND (0160) FOR ONE BME 4X4 FREIGHTLINER WILDLAND

PUMPER AND AUTHORIZING THE CITY MANAGER TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE REQUIRED BUDGET

ADJUSTMENTS
WHEREAS, Staff recommends adding a Type III engine to the fleet in order to address a critical need for the City, Stanislaus County, and the State of California as a whole; and
WHEREAS, certain budgetary actions are needed to fund the purchase of the apparatus.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $530,831 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for one BME 4X4 Freightliner Wildland Pumper.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is hereby authorized to take the necessary steps to implement the required budget adjustments.

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

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

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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PREPARED ESPECIALLY FOR:

CITY OF MODESTO

FIRE DEPARTMENT
One (1) BME Fire Trucks, LLC.

STOCK 4X4 Freightliner “Targhee” Model 34 Engine (Job 3877)

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Product Proposal
Standard Terms and Conditions (Exhibit A)
Product Specifications (Exhibit B)
Product Warranties (Exhibit C)
Dealer Supplied Products and/or Services (Exhibit D)

TABLE OF CONTENTS
1 2
3 4
5 goldenstatefire.com
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JROGHQVWDWHĆUHFRP
PRODUCT 1 PROPOSAL
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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT PROPOSAL FOR:

City of Modesto Fire Department 409 12th Street
Modesto, CA 95354
Sales Consultant
Dewayne Young
[email protected]
Mobile: (209) 777-0650
Golden State Fire Apparatus, Inc. (“GSFA”) is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product”) to CITY OF MODESTO FIRE DEPARTMENT (“Customer”) for consideration. This proposal (this “Product Proposal”) includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the “Terms and Conditions”); the Product Specifications attached as Exhibit B (the “Specifications”); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the “Dealer Supplied Products/Services List”) (all of the foregoing, collectively, the “Agreement”). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the “Executed Date”).

PAYMENT TERMS – Customer shall pay the total purchase price set forth directly above (the “Grand Total Purchase Price”) to GSFA no later than the time of GSFA’s delivery of the applicable Product to Customer’s address listed above (or Customer’s pick up of such Product at GSFA’s facilities, if approved by GSFA). GSFA shall have no obligation to deliver, or permit pick up of the Product if the Customer does not have full payment ready when the Product is complete and ready to deliver or pick up, as applicable. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER – Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above (“Manufacturer”) and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA’s further performance under the Agreement is contingent upon Manufacturer’s acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL # MANUFACTURER BID # MANUFACTURER CONSORTIUM 05/28/2024 07/12/2024 or until
unit is sold within the
BME Dealer network
30528-24B 10053-0002 (job 3877) BME Fire Trucks,
LLC.

HGAC Contract FS12-
23, Product Code:

Targhee

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) BME Fire Trucks, LLC. STOCK 4X4 Freightliner “Targhee” Model 34 Engine 487,550.00 B 8.875% State Sales Tax 43,270.06
C California Tire Fee 10.50
D GRAND TOTAL PURCHASE PRICE 530,830.56
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goldenstatefire.com
7400 Reese Road, Sacramento, CA 95828 | 916.330.1638
PRODUCT COMPLETION – The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 2.5 to 3 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION – This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiration Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PREDELIVERY SERVICE – If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(S) to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PURCHASE ORDER – Any PO shall be made out to: Golden State Fire Apparatus, Inc. – 7400 Reese Road – Sacramento, CA 95828.

ACCEPTANCE – ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. “ACCEPTANCE” MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT TERMS, WHETHER CONTAINED IN CUSTOMER’S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product Proposal.

If this Product Proposal is returned to GSFA with the signature of Customer’s authorized representative but without an attestation or co-signers signature, then absent Customer’s written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory’s authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 05/28/2024, GSFA Proposal Number 30528-24B to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA __________________________________________________ _________________________________________________ Signature of Authorized Customer Representative Signature of Authorized GSFA Representative

__________________________________________________ _________________________________________________ Print Name Print Name

__________________________________________________ _________________________________________________ Title Title

__________________________________________________ _________________________________________________ Date Date
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JROGHQVWDWHĆUHFRP

STANDARD TERMS

AND CONDITIONS
Exhibit “A”
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1 STANDARD TERMS AND CONDITIONS

1. Definitions.

a. “Agreement” has the meaning given in the Product Proposal. b. “Customer” means the customer identified in the Product Proposal. c. “Dealer Preparation,” if applicable, means additional product(s) and/or services added by GSFA after Manufacturer’s completion of the Product and prior to delivery, in accordance with the Dealer Supplied Products/Services List.
d. “Delivery Date” means the Product Completion timeframe plus the Predelivery Service timeframe equals the Delivery Date.
e. “Dealer Supplied Products/Services List” means the Dealer Supplied Products and/or Services List attached to the Product Proposal as Exhibit D, which reflects all Dealer Preparation under the Agreement absent a valid Change Order(s).
f. “Grand Total Purchase Price” means the total purchase price for the Product identified in the Product Proposal (subject to any adjustments required or permitted by these Terms and Conditions, including by the execution of a valid Change Order(s).
g. “GSFA” means Golden State Fire Apparatus, Inc., a California corporation. h. “Manufacturer” means the person or persons, company, firm, corporation, partnership, or other organization identified in the Product Proposal as responsible for manufacturing the Product. i. “Party” or “Parties” means GSFA and/or Customer, as applicable. j. “Predelivery Service” means the Products and/or Services that will be provided by GSFA after transportation of the Product(s) from the manufacturing facility and prior to Final Delivery or Pick-Up. k. “Prepayment Discount” means a discount to the purchase price for the Product granted to Customer in connection with Customer’s advance payment of the Grand Total Purchase Price (or portion thereof, as specified in the Product Proposal).
l. “Product” means the fire apparatus(es) and any associated equipment listed in the Product Proposal and further described in the Specifications.
m. “Product Completion” means the fire apparatus(es) in the Product Proposal and further described in the Specifications being ready for final inspection by Customer at the manufacturing facility. n. “Product Proposal” means the GSFA proposal executed by Customer to which these Terms and Conditions are attached.
o. “Product Warranties” means the Manufacturer warranties for the Product attached to the Product Proposal as Exhibit C.
p. “Specifications” means the specifications for the Product attached to the Product Proposal as Exhibit B. q. “Terms and Conditions” means these Standard Terms and Conditions, which are attached to the Product Proposal as Exhibit A.

2. Purchase and Payment.
a. Purchase. Customer agrees to purchase the Product at the Grand Total Purchase Price (as such amount may be adjusted in accordance with these Terms and Conditions), pursuant to the payment terms set forth in the Product Proposal. The Grand Total Purchase Price is payable in U.S. dollars. b. Contingency Reserve Fund. The Grand Total Purchase Price may include an amount to be set aside for the purpose of funding any future costs or financial obligations incurred by Customer under the Product Proposal or any valid Change Order(s) (the “Contingency Reserve Fund”). If applicable, the amount of any required Contingency Reserve Fund will be set forth in either the Product Proposal or Exhibit D. The Contingency Reserve Fund may be withdrawn against by Customer or GSFA for the purpose of satisfying Customer’s payment obligations under the initial Product Proposal or any valid Change Order(s) (including, without limitation, a Change Order submitted by GSFA pursuant to Section 8.b). If a Contingency Reserve Fund is required under the Agreement, the amount of such fund is not intended as an estimate of the actual additional costs of contingencies, Change Orders, unforeseen items #15..
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2 or other required work that may be incurred under the Agreement after submission of the Product Proposal to Customer, which amounts Customer acknowledges may exceed the Contingency Reserve Fund amount. The balance of any Contingency Reserve Fund will be credited against Customer’s payment obligations, or otherwise returned to Customer within thirty (30) calendar days of delivery of all Products under the Agreement (provided that Customer has paid all amounts owed under the Agreement as of such date). c. Prepayment Discount. If GSFA has granted Customer a Prepayment Discount, Customer must provide each associated prepayment (each, a “Prepayment”) within the time frame specified in the Product Proposal in order to receive such discount. Customer’s failure to timely make such Prepayment may result in: (i) GSFA’s termination of the Agreement; and/or (ii) Customer’s loss of the Prepayment Discount for the portion of the Grand Total Purchase Price represented by such outstanding Prepayment and the application of a late fee as set forth in Section 6, in each case in GSFA’s sole discretion.
d. State Sales Tax. Customer shall be responsible for the cost of state sales tax associated with, or attributable to, the Product. The taxes stated in the Product Proposal are subject to adjustment for the applicable state sales tax rate in effect at the time of delivery. Therefore, the sales tax set forth on the Product Proposal is only an estimate of such taxes and will be increased or decreased at the time of delivery if a change in the applicable sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the difference in the applicable sales tax.

3. Product Completion Date. Within thirty (30) calendar days of the date on which the last required signatory executes the Product Proposal (such date, the “Executed Date”), GSFA shall submit to Customer a tentative Product completion date (which may differ from the Product completion estimate contained in the Product Proposal). Due to global supply chain constraints, any Product completion date contained herein, or in the Product Proposal, or otherwise provided to Customer, is a good faith estimate only as of the date provided to Customer, and merely an approximation based on current information available to GSFA and Manufacturer. Customer shall not be entitled to rely on any such estimate, and GSFA shall have no liability to Customer for a failure by GSFA or Manufacturer to meet any such estimate. All Product completion estimates are subject to modification and, if applicable, GSFA will provide updates to such estimates to Customer when available.

4. Stock / Demo Units. Notwithstanding any other provision contained in the Agreement (including Section 12 hereof concerning warranties), any Products constituting stock/demo unit(s) are sold to Customer on an as-is, first-come and first served-basis and GSFA makes no further representation or warranty to any customer with respect to such unit(s). Regardless of the terms of the Product Proposal, GSFA shall only be obligated to sell such stock/demo unit(s) to the first customer to enter into a purchase agreement with GSFA identifying such unit(s), and after the execution by GSFA of such agreement any subsequent purchase agreement (including the Agreement, as applicable) shall have no further force or effect with respect to such unit(s).

5. Multiple Unit Purchase. If the Grand Total Purchase Price includes pricing for multiple Products, the Product price stated in the Product Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Agreement. GSFA shall have no obligation to offer the same price for any Product if purchased by Customer pursuant to a later purchase agreement.

6. Late Fee; Storage Fee. A late fee equal to 0.033% of the outstanding portion of the Grand Total Purchase Price will be charged per calendar day for overdue payments beginning ten (10) calendar days after the payment is due and continuing for the first thirty (30) calendar days thereafter. After such thirty (30) calendar day period, the late fee shall increase to 0.044% per calendar day until payment of the outstanding portion of the Grand Total Purchase Price is received. If Customer is unable to satisfy the delivery requirements hereunder or is unwilling to take delivery of the Product, then GSFA shall be entitled to a storage charge running from the earlier of: (i) the date of delivery agreed to between GSFA and Customer (provided GSFA is willing and able to deliver the Product on such date), or (ii) twenty-one (21) calendar days after GSFA notifies Customer that the Product is available for delivery. The storage charge is equal to: (i) $175.00 per calendar day per apparatus stored, or (ii) the actual charges incurred by GSFA with a third party for storage of the Product, whichever is greater. Such storage charge shall continue until the actual time #15..
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3 of delivery and Customer’s possession of the Product, and any such storage by GSFA or such third party shall be at the sole risk of Customer.

7. Delivery; Inspection and Acceptance.
a. Delivery. Subject to Section 5 hereof, the Product is scheduled to be delivered to the location and within the time period specified in the Product Proposal. Such delivery date is an estimate, and GSFA is, notwithstanding this Section 7.a, not bound to such date unless it otherwise agrees in a separate writing to complete delivery by a date certain. For the avoidance of doubt, GSFA is not responsible for delivery delays caused by or because of actions, omissions or conduct of Customer, the Manufacturer, or their respective employees, affiliates, suppliers, contractors, and carriers. Risk of loss for the Product shall pass to Customer at the point and time of delivery (which shall include an attempted delivery by GSFA which cannot be completed due to any act of Customer). However, title to the Product shall only pass to Customer upon delivery if Customer has then fully paid GSFA all amounts due hereunder (including additional amounts due under any valid Change Order). Absent GSFA’s separate written agreement, which it may or may not provide in its sole and absolute discretion, delivery of the Product will not occur before Customer has fully paid all amounts due under the Agreement and provided proof of insurance reasonably satisfactory to GSFA. If GSFA permits Customer to take possession of the Product, Customer may not mount equipment, conduct training, or place the Product into service until all amounts due under the Agreement have been paid. If Customer has ordered multiple Products, GSFA reserves the right to deliver such Products in installments and to separately invoice Customer for such Products.
b. Inspection and Acceptance. Upon delivery, Customer shall have ten (10) calendar days within which to inspect the Product for substantial conformance to the Specifications, and in the event of substantial nonconformance to the Specifications to furnish GSFA with written notice sufficient to permit GSFA to evaluate such non-conformance (“Notice of Nonconformance to Specifications”). Contingent upon part availability and Customer’s cooperation, any Product not in substantial conformance to material Specifications shall be remedied by GSFA (by repair or replacement, at GSFA’s election) within thirty (30) calendar days from GSFA’s receipt of the Notice of Nonconformance to Specifications. In the event GSFA does not receive a Notice of Nonconformance to Specifications within ten (10) calendar days of delivery, the Product will be deemed to be in conformance with Specifications and accepted by Customer.

8. Changes to Agreement Terms.
a. Change Orders. The Customer may request that GSFA incorporate a change to the Product or the Specifications for the Product, or GSFA may submit changes to the Agreement required or permitted to be made by GSFA (pursuant to Section 8.b or otherwise) by delivering a written Change Order to the other party hereto, which shall include a description of the proposed change sufficient to permit the receiving party to evaluate such change (either, a “Change Order”). For any Change Order submitted by Customer, GSFA will provide Customer a written response (a “Response”) stating (i) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion); and (ii) the terms of the modification to the order, including any increase or decrease in the Grand Total Purchase Price resulting from such Change Order, a date on which any increase in the Grand Total Purchase Price must be paid, and an estimate of any effect on production scheduling or delivery resulting from such Change Order. Customer shall have seven (7) calendar days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer countersigns GSFA’s Response, Customer shall pay the increase (or be refunded the decrease) in the Grand Total Purchase Price by the date specified in the Response. GSFA may also send Customer a Change Order to account for any changes to the Agreement required or permitted to be made by GSFA (including those changes required pursuant to Section 8.b hereof), and such Change Order shall be effective upon delivery to Customer unless Customer elects to terminate the applicable Product order under the Agreement in accordance with Section 9. #15..
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4 b. Additional Changes.
i. Component Price Volatility; Increases Imposed by Manufacturer. GSFA shall not be responsible for (i) any unforeseen price increase or surcharge enacted by suppliers of major components of the Product (including but not limited to commercial chassis, engine, transmission, and fire pump); or (ii) price increases imposed on GSFA by Manufacturer pursuant to Manufacturer’s terms and conditions for sale of the Product (a “Manufacturer Price Increase”), after Customer becomes bound by the Agreement. Customer shall be responsible for all amounts arising from any price increases for major components of the Product (including all associated taxes and fees thereon) for the Product or any Manufacturer Price Increases occurring after the execution of the Agreement which increases the cost of the Product to GSFA, and such amounts will be documented on a Change Order adjusting the Grand Total Purchase Price accordingly. Customer shall pay any such price increase prior to Product delivery. A Manufacturer Price Increase may include, but shall not be limited to, an increase in Product price resulting from an increase in the Producer Price Index of Components for Manufacturing (see www.bls.gov Series ID: WPUID6112) in excess of a compounded annual growth rate of five percent (5%), as measured between the month Manufacturer accepts the applicable Product order and the month that is fourteen (14) months prior to the then-current estimated Product completion date (the foregoing, a “PPI-Based Price Increase”). If, upon Customer’s receipt of a Change Order reflecting a PPI-Based Price Increase, Customer elects to terminate the applicable Product Order in accordance with Section 8.b.iii rather than pay such increase, then in lieu of the cancellation fees described in Section 9.a hereof GSFA shall be entitled to recover and Customer shall pay GSFA’s actual non-reimbursable costs incurred in connection with the Product order through the date of Customer’s termination of such Product order. ii. New Legal Standards. In the event the Product design, materials or specifications require an alteration arising from new regulations issued by any governmental entity or trade association, including, but not limited to, the NFPA, DOT, and EPA, and such alteration increases the cost of the Product to GSFA, Customer shall be responsible for changes to the Grand Total Purchase Price arising from such alteration. GSFA shall promptly notify Customer when it becomes aware of any potential or required change in regulations occurring prior to delivery that would impact the Product purchased.
iii. Change Orders. Customer shall execute any Change Order submitted by GSFA documenting any of the changes required or permitted by Sections 8.b.i and 8.b.ii above (which shall, to the extent practicable, itemize any increases in the Grant Total Purchase Price and specify a commercially reasonable date by which Customer must pay such increase), unless Customer instead elects to terminate the applicable Product order under the Agreement within fifteen (15) calendar days of Customer’s receipt of such Change Order and in accordance with Section 9.

Absent such a termination, failure to execute a Change Order does not alter Customer’s obligations under this Section 8.b.
c. Changes in Commercial Specifications. Specifications for all components of the Product manufactured by companies other than the Manufacturer are subject to change without notice. Specifications for such components will be as available at the time of manufacture of the Product. GSFA shall not be liable for any deviations in such specifications arising from a substitution of components or changes in the design of any component by their original manufacturer.

9. Termination.
a. By Customer. Customer may terminate a Product order identified in the Product Proposal or a Change Order by providing written notice to GSFA in accordance with Section 16 hereof. If Customer elects to terminate a Product order, Customer shall pay GSFA a cancellation fee as follows: (a) after the Product order is accepted and entered by GSFA, 10% of the portion of the Grand Total Purchase Price applicable to such Product (including all associated taxes, fees and costs) (such amount, the “Product Purchase Price”); (b) after completion of the preconstruction phase of the order process, 20% of the Product Purchase Price; and (c) after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or Manufacturer but before substantial completion of such Product, 50% of the Product Purchase Price. Customer shall not be permitted to terminate a Product order after substantial completion of manufacturing and assembly of such Product (excluding #15..
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5 any Dealer Preparation or other pre-delivery services or untypical Product customization, if applicable).

Notwithstanding the foregoing, if the applicable tier of cancellation fee is not sufficient to cover all actual costs and fees incurred by GSFA with Manufacturer in connection with Customer’s termination of the Product order (“Manufacturer Termination Fees”), then in addition to such cancellation fee Customer shall pay the balance of all Manufacturer Termination Fees. If Customer received a Prepayment Discount, such discount shall not be considered for the purpose of calculating the above cancellation fee. The tier of cancellation fee applicable to any cancellation, as well as the determination of whether a Product has reached substantial completion, shall be in the sole and absolute discretion of GSFA. Customer may request a fee waiver, and GSFA, in its sole discretion, may agree to waive and/or adjust such fee. GSFA will return the balance of the Grand Total Purchase Price or Product Purchase Price, as applicable, within thirty (30) calendar days of the effective date of the cancellation of the Product order or termination of the Agreement.

Customer may terminate the Agreement for an Event of Default by GSFA after providing GSFA with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following GSFA’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as GSFA has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable.
b. By GSFA. GSFA may terminate the Agreement for an Event of Default by Customer after providing Customer with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following Customer’s receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as Customer has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable. Notwithstanding the foregoing, GSFA may terminate the Agreement effective immediately upon written notice to Customer for Customer’s failure to pay any amount owed under the Agreement when due.

Notwithstanding any other provision of this Agreement, if Customer terminates a Product order in accordance with Section 9.a above, GSFA may elect to instead terminate the Agreement upon notice to Customer in accordance with Section 16 hereof. If GSFA terminates the Agreement in accordance with this Section 9.b, Customer shall pay the applicable tier of cancellation fee for all Products pursuant to Section 9.a above as if Customer had elected to terminate each applicable Product order.
c. Based on Discontinuation or Cancellation by Manufacturer. In the event that Manufacturer cancels a Product order (provided that such cancellation is not the result of an act by Customer in violation of the Agreement) or discontinues the manufacture of a Product prior to its completion and delivery: (i) if such Product is the only Product contemplated under the Agreement, then the Agreement shall terminate; or (ii) if additional Products are contemplated under the Agreement, then only the Product order for the applicable cancelled or discontinued Product shall be terminated. Such Agreement termination or Product termination, as applicable, shall be effective upon GSFA’s written notice to Customer of such cancellation or discontinuance in accordance with Section 16 hereof.

GSFA’s only obligation to Customer in such event shall be the return of any Prepayment paid by Customer for the cancelled or discontinued Product. For the avoidance of doubt, the cancellation fees contemplated in Section 9.a hereof shall not apply in the event of a termination pursuant to this Section 9.c.

10. Customer’s Obligations. Customer shall provide its timely and best efforts to cooperate with GSFA and Manufacturer during the Product manufacturing process. Reasonable and timely cooperation includes, without limitation, Customer’s providing timely information in response to any requests from Manufacturer or GSFA and the participation of Customer’s authorized representatives in traveling to Manufacturer’s facility for inspections and approval of the Product, including a final approval before the Product leaves Manufacturer’s facility.

11. Representations and Warranties. Customer hereby represents and warrants to GSFA as of the Executed Date that the execution of the Agreement and the purchase of the Product(s) and performance of the other obligations #15..
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6 of Customer under the Agreement have been approved by Customer in accordance with applicable general laws and, as applicable, Customer’s charter, ordinances, purchasing policies, and other governing documents, and executed by the appropriate Customer employees, officials, and/or representatives, and funding for Customer’s performance of its obligations under the Agreement has been duly budgeted and appropriated by Customer.

12. Standard Warranty. All applicable Manufacturer warranties are contained in the Product Warranties. Any additional warranties must be expressly approved in a writing signed by GSFA, and Customer acknowledges and agrees that Manufacturer will not be liable for any such additional warranties. a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, GSFA, ITS AFFILIATES, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, DO NOT MAKE

ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT (WHETHER RELATING TO THE CONDITION

OR QUALITY OF THE PRODUCT, OR OTHERWISE) PROVIDED HEREUNDER OR OTHERWISE REGARDING THE

AGREEMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY APPLICABLE DEALER PREPARATION), WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY

IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE

IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

STATEMENTS MADE BY SALES CONSULTANTS OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. b. Exclusions of Incidental and Consequential Damages. In no event shall GSFA be liable for consequential, incidental, or punitive damages incurred by Customer in connection with any matter arising out of or relating to the Agreement, or the breach thereof, even if GSFA has been advised of the possibility of such damages, and regardless of whether such damages arise out of breach of warranty, the Agreement, indemnity, whether resulting from nondelivery or from GSFA’s own negligence, or otherwise, except and solely to the extent such damages arise from the gross negligence or willful misconduct of GSFA.

13. Default. The occurrence of one or more of the following events (each, an “Event of Default”) shall constitute a default under the Agreement: (a) Customer’s failure to pay any amounts due or to perform any of its obligations under the Agreement; (b) GSFA’s failure to perform any of its obligations under the Agreement; (c) either Party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either Party under the Agreement which is false in any material respect; (e) any action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity during the term of the Agreement; (f) any other material breach of the terms of the Agreement by a Party; or (g) a default or breach by Customer under any other agreement with GSFA or its affiliates.

14. Indemnification of GSFA. Customer shall indemnify, defend, and hold harmless GSFA, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including attorneys’ fees and other legal expenses, of whatever nature (“Damages”), to the extent Damages arise out of or in connection with: (i) Customer’s breach of the Agreement, or (ii) Customer’s use, storage, or operation of the Product following delivery, regardless of where, how, and by whom operated (excluding any negligent operation by GSFA).

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of the Agreement, whether by expiration of time, by operation of law or otherwise.

This provision is not intended to and shall not constitute the exclusive remedy of the Parties under the Agreement; the Parties may seek indemnity from one another under other legal principles, whether based in equity or law, so long as they do not nullify or cancel the effects of this paragraph.

15. Force Majeure. GSFA shall not be responsible nor deemed to be in default of any provision of the Agreement on account of delays in performance due to causes which are beyond GSFA’s or Manufacturer’s control and which make GSFA’s performance impracticable, including but not limited to wars, insurrections, strikes or labor unrest, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of federal, state or local government, failure or delays in transportation, inability to obtain necessary labor, supplies or manufacturing facilities, supply chain issues, allocation regulations or orders affecting materials, equipment, facilities or completed #15..
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7 products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, disease, pandemics or epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their agreements or labor troubles causing cessation, slowdown, or interruption of work.

16. Notice. Any notices, requests, consents, claims, demands, waivers and other communications required or permitted to be given hereunder must be given in writing at the address of each Party set forth below, or to such other address as either Party may substitute by written notice to the other in accordance with this Section 16, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier. All such communications will be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) on the third (3rd) calendar day after the date mailed, by registered, express or certified mail; or (iii) when delivered by the addressee if sent by a nationally recognized private express courier.

GSFA: CUSTOMER:

Golden State Fire Apparatus Inc. To the address listed in the Product Proposal 7400 Reese Road
Sacramento, CA 95828

17. Contradictions. In the event of a conflict between the Agreement and any Change Order, or between Change Orders, the terms of the latest executed Change Order shall control.

18. Manufacturer’s Statement of Origin. It is agreed that the manufacturer’s statement of origin (“MSO”) for the Product covered by the Agreement, if applicable, shall be retained and remain in the possession of GSFA per California Department of Vehicles (DMV) directives. Notwithstanding the foregoing, GSFA shall provide Customer with the original MSO if the Customer is self-registering, and Customer shall comply with all good-faith Process of Duty and other DMV requirements applicable to the Product and retain its own MSO.

19. Assignment. The relationship of the Parties established under the Agreement is that of independent contractors and neither Party is a partner, employee, agent, or joint venturer of or with the other. Neither Party may assign its rights and obligations under the Agreement unless it has obtained the prior written approval of the other Party.

20. Governing Law; Jurisdiction; Disputes. Without regard to any conflict of laws provisions, the Agreement is to be governed by and under the laws of the state of California. Prior to taking any legal action that may and/or can arise out of the Agreement, the Parties shall first attempt mediation with an agreed upon mediator. If the Parties cannot agree upon a mediator within thirty (30) calendar days of the submission of written notice of a dispute in accordance with Section 16 hereof, if any disputed matter remain unresolved within thirty (30) calendar days of the commencement of discussions, or if any party refuses to meet, then either party may submit any remaining disputes concerning and/or claim regarding the Agreement and/or the terms and conditions herein to the Superior Court, County of Sacramento (and the parties expressly consent to exclusive personal jurisdiction and venue before such court).

21. Entire Agreement; Amendments. The Agreement, including the Product Proposal, its exhibits, and all valid Change Orders, is the exclusive agreement between the Parties regarding the subject matter contained herein and therein. No change in, modification of, or revision of the Agreement shall be valid unless in writing and signed by duly authorized representatives of both Parties with authority to sign such amendments to the Agreement.

END OF STANDARD TERMS AND CONDITIONS
#15..
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JROGHQVWDWHĆUHFRP

PRODUCT

SPECIFICATIONS
Exhibit “B”
3 #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
1 FOR

MODESTO FIRE DEPARTMENT

FREIGHTLINER CHASSIS
TYPE 3 MODEL 34 "TARGHEE"
Stock Unit 3877
#15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
2 DETERMINATION OF APPARATUS WEIGHT
BME Fire Trucks, LLC. shall submit estimated "in-service" weight analysis required by applicable NFPA standards. This Excel computer weight analysis shall break down all major components of the apparatus and shall show the impact on percentage-of-load on the front and rear axles, total weight, and weight on each tire set.

The analysis shall evenly distribute the NFPA required minimum payload allowance or estimated equipment payload as provided by the purchaser into the specified compartments. The allowance for personnel, hose loads, water and foam fluids, and required NFPA equipment shall be outlined individually in the analysis and placed on the apparatus in its specific intended position.

CENTER-OF-GRAVITY ANALYSIS
BME Fire Trucks, LLC. shall perform an estimated center of gravity calculation as required by the applicable section of NFPA standards. This calculation shall include tilt angles, the estimated right to left load distribution, and load on each axle, including all specified major components.

LOW VOLTAGE TEST REQUIRMENTS
The fire apparatus low voltage electrical system shall be tested as required by this section and the test results shall be certified by the apparatus manufacturer. The certification shall be delivered to the purchaser with the documentation for the completed apparatus. The tests shall be performed when the air temperature is between 0 degrees Fahrenheit and 110 degrees Fahrenheit.

TEST SEQUENCE
The three tests defined below shall be performed in the order in which they appear. Before each test, the chassis batteries shall be fully charged until the voltage stabilizes at the voltage regulator set point and the lowest charge current is maintained for 10 minutes. The failure of any of these tests shall require a repeat of the test sequence.

RESERVE CAPACITY TEST
The chassis engine shall be started and kept running until the chassis engine and engine compartment temperatures are stabilized at normal operating temperatures and the chassis battery system is fully charged. The chassis engine shall be shut off and the minimum continuous electrical load shall be applied for 10 minutes. All electrical loads shall be turned off prior to attempting to restart the chassis engine. The chassis battery system shall then be capable of restarting the chassis engine. The failure to restart the chassis engine shall be considered a failure of this test.

ALTERNATOR PERFORMANCE TEST AT IDLE
#15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
3 The minimum continuous electrical load shall be applied with the chassis engine running at idle speed. The chassis engine temperature shall be stabilized at normal operating temperature. The chassis battery system shall be tested to detect the presence of a chassis battery current discharge. The detection of chassis battery current discharge shall be considered a failure of this test.

ALTERNATOR PERFORMANCE TEST AT FULL LOAD
The total continuous electrical load shall be applied with the chassis engine running up to the engine manufacturer’s governed speed. The test duration shall be a minimum of two hours. The activation of the electrical system load management system shall be permitted during this test. The activation of an alarm due to excessive chassis battery discharge, as detected by the system required by NFPA (current edition), or an electrical system voltage of less than 11.8 volts direct current for a 12 volt direct current nominal system, for more than 120 seconds, shall be considered a failure of this test.

LOW VOLTAGE ALARM TEST
Following the completion of the tests described above, the chassis engine shall be turned off. With the chassis engine turned off, the total continuous electrical load shall be applied and shall continue to be applied until the excessive battery discharge alarm activates. The chassis battery voltage shall be measured at the battery terminals.

The test shall be considered to be a failure if the low voltage alarm has not yet sounded 140 seconds after the voltage drops to 11.70 volts direct current for a 12 volt direct current nominal system. The chassis battery system shall then be able to restart the chassis engine. The failure of the chassis battery system to restart the chassis engine shall be considered a failure of this test.

The completed fire apparatus shall undergo a complete 12 volt electrical load and performance testing per applicable sections of NFPA standards with inspection and test sheets included in delivery documentation.

DOCUMENTATION
The apparatus manufacturer shall provide the results of the low-voltage electrical system performance test, certified in writing, with the documentation provided to the purchaser at the time of delivery of the completed apparatus.

The test results shall consist of the following documents:
(1) Documentation of the electrical system performance tests. (2) A written electrical load analysis, including the following:
· (a) The nameplate rating of the alternator.
· (b) The alternator rating under the conditions specified in NFPA 1906 (current edition). · (c) Each of the component loads specified that make up the minimum continuous electrical load. #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
4 · (d) Additional electrical loads that, when added to the minimum continuous electrical load, determine the total continuous electrical load.
· (e) Each individual intermittent electrical load.

TEST RESULTS
BME Fire Trucks LLC. shall provide results of the apparatus testing and shall certify the following:

The weight of the completed apparatus, when loaded to its estimated in service weight, does not exceed the GVWR and GAWR of the chassis.

The complete unit, when loaded to its estimated in service weight, meets the weight distribution and vehicle stability requirements, as defined in the current NFPA guidelines.

The unit meets all required federal standards pertaining to the manufacturer and completion of the apparatus and a label tag has been affixed to the apparatus by the manufacturer stating same.

BME Fire Trucks LLC. shall provide all testing results, including engine, speed, acceleration, road ability, braking, and auxiliary braking to the Purchaser at the time of delivery.

DELIVERY REQUIREMENTS
The bidder shall not be responsible for delays in delivery due to strikes, acts of God, failure of suppliers to deliver, chassis shortage and other reasons beyond the reasonable control of the builder. Should BME Fire Trucks, LLC. be unable to comply with the proposed delivery date, we shall immediately contact the purchaser regarding delay information and actions to be taken by the company.

This vehicle shall be F.O.B. the BME Fire Trucks facility in Boise Idaho. Dealer shall be responsible for arrangement of delivery from factory.

GENERAL WARRANTY PROVISIONS
All materials and workmanship herein specified, including all equipment furnished, shall be guaranteed for a period of one (1) year after the acceptance date of the apparatus, unless otherwise noted, with the exception of any normal maintenance services or adjustments which shall be required. Under this warranty, BME Fire Trucks, LLC. shall be responsible for the costs of repairs to the apparatus that have been caused by defective workmanship or materials during this period.

This warranty shall not apply to the following:
· Any component parts or trade accessories such as chassis, engines, tires, pumps, valves, signaling devices, batteries, electric lights, bulbs, alternators, and all other installed equipment and accessories, in #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
5 as much as they are usually warranted separately by their respective manufacturers, or are subject to normal wear and tear.
· Failures resulting from the apparatus being operated in a manner or for a purpose not recommended by the apparatus manufacturer.
· Loss of time or use of the apparatus, inconvenience or other incidental expenses. · Any apparatus which has been repaired or altered without written consent or outside of the apparatus manufacturer's factory and or authorized service center in any way that affects its stability, or which has been subject to misuse, negligence, or accident.
· Delivery of the apparatus to repair site.

DISCLAIMER
NO WARRANTIES ARE GIVEN BEYOND THOSE DESCRIBED HEREIN. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY SPECIFICALLY

DISCLAIMS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,

ALL OTHER REPRESENTATIONS TO THE USER/PURCHASER AND ALL OTHER OBLIGATIONS OR LIABILITIES. FURTHER, THE COMPANY EXCLUDES LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES, ON THE PART OF THE COMPANY OR SELLER. No person is authorized to give any other warranties or to assume any liabilities on the Company’s behalf unless made or assumed in writing by the seller; and no other person is authorized to give any warranties or to assume any liabilities on the seller’s behalf unless made or assumed in writing by the seller.

OBTAINING SERVICE
Return the vehicle to any BME Fire Trucks, LLC. dealer/authorized service center; Return the vehicle to BME Fire Trucks, LLC. or contact BME Fire Trucks, LLC.. BME Fire Trucks, LLC. shall be solely responsible for determining the extent of repair under the terms of the warranty. Transportation costs shall be the responsibility of the purchaser.

MATERIAL AND WORKMANSHIP
All equipment provided shall be guaranteed to be new and of current manufacture, and unless specified otherwise, shall meet all requirements of these specifications and prevailing NFPA documents and be in condition at time of delivery for use as specified for this type of apparatus. #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
6 All workmanship shall be of the highest quality and accomplished in a professional manner so as to insure a functional apparatus with a high quality aesthetic appearance.

The construction shall be rugged and ample safety factors shall be provided to carry the loads specified to meet both on and off road requirements.

The apparatus shall be designed and the equipment mounted with due consideration to the distribution of load between the front and rear axles, so all specified equipment, with a full complement of personnel, can be carried without damage to the apparatus.

BODY AND STRUCTURAL WARRANTY
BME Fire Trucks, LLC. shall warrant each new apparatus body, if used in a normal and reasonable manner, against structural defects caused by defects in material, design or workmanship for a period of ten (10) years, covering parts & labor to the original purchaser which shall start on day of acceptance.

This warranty shall not apply to:
· Normal maintenance services or adjustments
· To any vehicle which will have been repaired or altered outside of our factory in any way so as, in the judgment of BME Fire Trucks, LLC., to affect it's stability, nor which has been subject to misuse, negligence, or accident, nor to any vehicle made by us which will have been operated to a speed exceeding the factory rated speed, or loaded beyond the factory rated load capacity. · Commercial chassis and associated equipment furnished with chassis, signaling devices, generators, batteries, or other trade accessories as they are usually warranted separately by their respective manufacturers.
· Shipping costs of parts or apparatus for purposes of repair or replacement of parts. This warranty is in lieu of all other warranties, expressed or implied. All other representations as to the original purchaser and all other obligations or liabilities, including for incidental or consequential damage on the company's behalf unless made in writing by the company.

FIRE PUMP WARRANTY
A seven (7) year warranty on the Waterous fire pump shall be provided. The provisions of this warranty shall be described in the completed apparatus documentation.

PLUMBING WARRANTY
The stainless steel fire pump plumbing shall carry a ten (10) year parts and labor warranty against defects in #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
7 workmanship and perforation corrosion.

AKRON VALVE WARRANTY
The Akron valves shall carry a ten (10) year parts and labor manufacturer’s warranty. Provisions of this warranty shall be provided with the completed apparatus documentation.

FOAM TANK WARRANTY
The foam tank shall carry a “lifetime” warranty against defects in workmanship and perforation corrosion. The provisions of this warranty shall be provided in the delivery documentation. The tank manufacturer shall repair, at no cost to the purchaser, any problems caused by defective materials and/or workmanship. The warranty shall cover the reasonable costs of removing the water tank from the apparatus and reinstalling it after the completion of the covered warranty repairs, but shall not cover any liability for the loss of service or downtime costs of the apparatus.

WATER TANK WARRANTY
The polypropylene water tank that is specified to be supplied with this apparatus shall be warranted by the water tank manufacturer for a "lifetime" period from the date that the apparatus is put into service. The tank manufacturer shall repair, at no cost to the purchaser, any problems caused by defective materials and/or workmanship. The warranty shall cover the reasonable costs of removing the water tank from the apparatus and reinstalling it after the completion of the covered warranty repairs, but shall not cover any liability for the loss of service or downtime costs of the apparatus.

PAINT WARRANTY
BME Fire Trucks, LLC. shall provide a seven (7) year paint warranty which shall cover peeling and/or de-lamination of the top coat and other layers of paint, cracking or checking, loss of gloss caused by cracking, checking or chalking, and any paint failure caused by defective paint materials covered by the paint manufacturer’s material warranty.

CHASSIS WARRANTY
The specified chassis shall be provided with the chassis manufacturer's warranty. The exact provisions of this warranty shall be supplied with the completed apparatus documentation.

APPARATUS OPERATION MANUAL(S)
BME Fire Trucks, LLC. shall provide (2) electronic apparatus operational manual(s) on a USB thumb drive. #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
8 CHASSIS SPECIFICATION
Vehicle configuration
M2 106 plus conventional chassis
2024 model year specified
Set back axle - truck
Straight truck provision, non-towing
Lh primary steering location
General service
Truck configuration
Domiciled, usa 50 states (including california and carb opt-in states) Fire service
Emergency vehicles business segment
Liquid bulk commodity
Terrain/duty: 10% (some) of the time, in transit, is spent on non-paved roads Maximum 8% expected grade
Maintained gravel or crushed rock - most severe in-transit (between sites) road surface Medium truck warranty
Expected front axle(s) load : 14000.0 lbs
Expected rear drive axle(s) load : 25000.0 lbs
Expected gross vehicle weight capacity : 41000.0 lbs
Truck service
Fire tank - no main driveline driven split-shaft pto/pump Boise mobile equipment
Expected body/payload cg height above frame "xx" inches : 32.0 in #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
9 Engine
Cum l9 360ev hp @ 2200 rpm, 2200 gov rpm, 1150 lb-ft @ 1200 rpm, r/f/e Electronic parameters
75 mph road speed limit
Cruise control speed limit same as road speed limit
Pto mode engine rpm limit - 2100 rpm
Pto rpm with cruise set switch - 900 rpm
Pto rpm with cruise resume switch - 900 rpm
Pto mode cancel vehicle speed - 25 mph
Pto governor ramp rate - 250 rpm per second
Cruise control button pto control and three remote pto speeds Pto speed 1 setting - 900 rpm null
Pto speed 2 setting - 1100 rpm
Pto speed 3 setting - 1300 rpm
Engine fan enabled with retarder
Pto minimum rpm - 900
Cummins emergency vehicle throttle control option
Regen inhibit speed threshold - 5 mph
Pto 1, dash switch, rolling operation (engage while parked, roll in neutral after engagement) Engine equipment
2010 epa/carb/ghg21 configuration
2008 carb emission cert - clean idle (w/6x4 inch label shipped loose w/installation instructions) installed by final stage mfr on driver door or lh side hood
Oil pan for awd and awd conversions
Engine mounted oil check and fill
Side of hood air intake with nfpa compliant ember screen and fire retardant donaldson air cleaner #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
10 Ln 12v 320 amp 4962pgh pad mount alternator
(3) dtna genuine, flooded starting, min 2850cca, 525rc, threaded stud batteries Battery box frame mounted
Standard battery jumpers
Lh battery box mounted as far aft as possible, no greater than 60 inches back of cab Wire ground return for battery cables with additional frame ground return Non-polished battery box cover
Positive load disconnect with cab mounted control switch with locking provision mounted outboard driver seat Positive and negative posts for jumpstart located on frame next to starter Progressive low voltage disconnect at 12.3 volts for designated circuits Cummins turbocharged 18.7 cfm air compressor with internal safety valve Standard mechanical air compressor governor
Air compressor discharge line
Gvg, fire and emergency service vehicles engine warning C-brake by jacobs with high med low brake with brake lamps Rh outboard under step mounted horizontal aftertreatment system assembly with rh horizontal tailpipe Engine aftertreatment device, automatic over the road active regeneration and virtual regeneration request switch in cluster and dash mounted inhibit switch
Standard exhaust system length
Rh standard horizontal tailpipe
6 gallon diesel exhaust fluid tank
100 percent diesel exhaust fluid fill
Lh under cab diesel exhaust fluid tank location mount at -25mm height Inboard mounted diesel exhaust fluid pump with above rail routing for 6 gallon diesel exhaust fluid tank, cummins engines
Standard diesel exhaust fluid tank cap
#15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
11 Horton 2-speed drivemaster advantage polarextreme fan drive Automatic fan control with dash switch and indicator light, non engine mounted Cummins spin on fuel filter
Combination full flow/bypass oil filter
1100 square inch aluminum radiator
Antifreeze to -60f, ethylene glycol pre-charged sca heavy duty coolant Gates blue stripe coolant hoses or equivalent
Constant tension hose clamps for coolant hoses
Auxiliary engine cooling using water from fire pump
Lower radiator guard
Phillips-temro 1000 watt/115 volt block heater
Chrome engine heater receptacle mounted under lh door
Aluminum flywheel housing
Electric grid air intake warmer
Delco 12v 39mt hd/ocp starter with thermal protection and integrated magnetic switch Transmission
Allison 3000 evs automatic transmission with pto provision Transmission equipment
Allison vocational package 265 - available on 3000/4000 product families with vocational model evs Allison vocational rating for fire truck/emergency vehicle applications available with all product families Primary mode gears, lowest gear 1, start gear 1, highest gear 6, available for 3000/4000 product families only Secondary mode gears, lowest gear 1, start gear 1, highest gear 6, available for 3000/4000 product families only Primary shift schedule recommended by dtna and allison, this defined by engine and vocational usage Secondary shift schedule recommended by dtna and allison, this defined by engine and vocational usage Primary shift speed recommended by dtna and allison, this defined by engine and vocational usage #15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
12 Secondary shift speed recommended by dtna and allison, this defined by engine and vocational usage Engine brake range preselect recommended by dtna and allison, this defined by engine and vocational usage Engine brake range alternate preselect recommended by dtna and allison, this defined by engine and vocational usage
Fuel sense 2.0 disabled - performance - table based
Driver switch input - default - no switches
Quickfit body lighting connector under cab, with bluntcuts Electronic transmission wiring to customer interface connector Customer installed chelsea 280 series pto
Pto mounting, lh side of main transmission allison
Magnetic plugs, engine drain, transmission drain, axle(s) fill and drain Push button electronic shift control, dash mounted
Transmission prognostics - enabled 2013
Water to oil transmission cooler, in radiator end tank
Meritor mtc-4210 and mtc-4213 transfer case oil cooler
Transmission oil check and fill with electronic oil level check Meritor mtc 4210xl-ec 2-speed transfer case
Transfer case shift controls in dash
Synthetic transmission fluid (tes-295 compliant)
Front axle and equipment
Mx-14-120-evo 14,000# 1790mm kpi single front drive axle

4.88 front axle ratio
Mxl 16t meritor extended lube front steering axle driveline with half round yokes Meritor 16.5x5 q+ mx drive axle cast spider heavy duty cam front brakes Fire and emergency severe service, non-asbestos front lining Meritor cast iron front brake drums
#15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
13 Front brake dust shields
Front oil seals
Standard spindle nuts for all axles
Meritor automatic front slack adjusters
Trw tas-85 power steering
Power steering pump
2 quart see through power steering reservoir
Current available synthetic 75w-90 front axle lube
Front suspension
14,600# taperleaf front suspension
Maintenance free rubber bushings - front suspension
Front shock absorbers
Rear axle and equipment
Rs-25-160 27,000# r-series fire/emergency service single rear axle

4.89 rear axle ratio
Iron rear axle carrier with standard axle housing
Mxl 17t meritor extended lube main driveline with half round yokes Mxl 17t meritor extended lube intertransmission driveline with half round yokes Driver controlled traction differential - single rear axle (1) driver controlled differential lock rear valve for single drive axle Indicator light for each differential lockout switch, engage at speeds 5 mph or less, disengage w/ign off or speeds exceeding 25 mph
Meritor 16.5x7 p cast spider cam rear brakes, double anchor, cast shoes Fire and emergency severe service non-asbestos rear brake lining Brake cams and chambers on forward side of drive axle(s) Webb heavy weight cast iron rear brake drums
#15..
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Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
14 Rear oil seals
Wabco tristop d longstroke 1-drive axle spring parking chambers Haldex automatic rear slack adjusters
Current available synthetic 75w-90 rear axle lube
Rear suspension
27,000# flat leaf spring rear suspension with helper and radius rod for fire/emergency service Spring suspension - no axle spacers
Standard axle seats in axle clamp group
Fore/aft control rods
Brake system
Air brake package
Wabco 4s/4m abs with traction control
Reinforced nylon, fabric braid and wire braid chassis air lines Fiber braid parking brake hose
Standard brake system valves
Standard air system pressure protection and 85 psi pressure protection for air horn(s) Std u.s. Front brake valve
Relay valve with 5-8 psi crack pressure, no rear proportioning valve Bw ad-9si brake line air dryer with heater
Air dryer mounted outboard on lh rail
Steel air brake reservoirs mounted inside rail; customer accepts tanks mounted in rear overhang/rear suspension mount over rear axle only, if additional tanks are required mount in overhang Pull cable on wet tank, petcock drain valves on all other air tanks Wheelbase & frame
4500mm (177 inch) wheelbase
11/32x3-1/2x10-15/16 inch steel frame (8.73mmx277.8mm/0.344x10.94 inch) 120ksi #15..
- 640 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
15 1600mm (63 inch) rear frame overhang
Frame overhang range: 61 inch to 70 inch
8 inch bolt on front frame extension
Calc'd back of cab to rear susp c/l (ca): 64.37 in
Calculated effective back of cab to rear suspension c/l (ca): 59.87 in Calc'd frame length - overall : 269.55 in
Calculated frame space lh side : 41.3 in
Calculated frame space rh side : 10.27 in
Square end of frame
Front closing crossmember
Standard weight engine crossmember
Standard crossmember back of transmission
Standard midship #1 crossmember(s)
Standard rearmost crossmember
Standard suspension crossmember
Chassis equipment
Omit front bumper, customer installed special bumper, does not comply with fmcsr 393.203 Betts b-25 painted mudflap brackets
Black mudflaps
Fender and front of hood mounted front mudflaps
Grade 8 threaded hex headed frame fasteners
D15-28195-000 center punch to mark centerline of rear suspension on top flange of frame 3d jt vehicle model
Tank body 0 to 1500 gallons
Clear frame rails (except air dryer) outboard both rails back of cab to rear suspension #15..
- 641 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
16 Fuel tanks
70 gallon/264 liter aluminum fuel tank - lh
23 inch diameter fuel tank(s)
Plain aluminum/painted steel fuel/hydraulic tank(s) with polished stainless steel bands Fuel tank(s) forward
Polished step finish
Chrome fuel tank cap(s)
Detroit fuel/water separator with water in fuel sensor and 12 volt preheater Equiflo inboard fuel system
Auxiliary fuel supply and return ports located on lh fuel tank High temperature reinforced nylon fuel line
Tires
Michelin xdn2 12r22.5 16 ply radial front tires
Michelin xdn2 12r22.5 16 ply radial rear tires
Hubs
Meritor iron front hubs
Conmet preset plus premium iron rear hubs
Wheels
Alcoa ula18x 22.5x8.25 10-hub pilot 5.81 inset aluminum disc front wheels Alcoa ula18x 22.5x8.25 10-hub pilot aluminum disc rear wheels Front wheel mounting nuts
Rear wheel mounting nuts
Cab exterior
8154 inch bbc high-roof aluminum conventional crew cab
Air cab mounting
#15..
- 642 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
17 Cab roof reinforcements for roof mounted components
Nonremovable bugscreen mounted behind grille
2-1/2 inch fender extensions
Lh and rh exterior grab handles with single rubber insert Hood mounted chromed plastic grille
Chrome hood mounted air intake grille
Fiberglass hood
Cab floor, toe board and firewall heat shield
Valve and plumbing for customer furnished air horn, piping capped at firewall Dual electric horns
Rear license plate mount end of frame
Integral led headlights with chrome bezels; non-compliant with fmvss 108 headlight height requirement Led aerodynamic marker lights
Daytime running lights
Truck-lite 3 chamber modules with 45 series sealed beam lamps Standard front turn signal lamps
Dual west coast bright finish heated mirrors with lh and rh remote Door mounted mirrors
102 inch equipment width
Lh and rh 8 inch bright finish convex mirrors mounted under primary mirrors Standard side/rear reflectors
Dual level cab entry steps on both sides
No rear window
Tinted door glass lh and rh with tinted non-operating wing windows Rh and lh electric powered windows
#15..
- 643 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
18 1-piece solar green glass windsheld
2 gallon windshield washer reservoir with fluid level indicator, frame mounted Cab interior
Rugged trim package
Gray & carbon vinyl interior "rugged"
Carbon with premium gunmetal accent (rugged)
Molded plastic door panel
Molded plastic door panel
Black mats with single insulation
Forward roof mounted console
Lh and rh door storage pockets integrated into molded door panels Digital alarm clock in driver display
(2) cup holders lh and rh dash
M2/sd dash
Heater, defroster and air conditioner
Standard hvac ducting
Main hvac controls with recirculation switch
Standard heater plumbing
Valeo heavy duty a/c refrigerant compressor
Binary control, r-134a
Premium insulation
Solid-state circuit protection and fuses
12v negative ground electrical system
Premium led cab lighting
Door locks and ignition switch keyed the same
#15..
- 644 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
19 Key quantity of 4
Lh and rh electric door locks
Premium isringhausen high back air suspension drivers seat with 2 air lumbar, integrated cushion extension, tilt and adjustable shock
Premium isringhausen high back air suspension passenger seat with 2 air lumbar, integrated cushion extension, tilt and adjustable shock
Seats inc full width rear bench seat
Lh and rh integral door panel armrests
Vinyl with vinyl insert driver seat
Vinyl with vinyl insert passenger seat
Vinyl with vinyl insert rear passenger seat
High visibility orange seat belts with driver indicator light and audible alarm Adjustable tilt and telescoping steering column
4-spoke 18 inch (450mm) black steering wheel with switches Driver and passenger interior sun visors
Instruments & controls
Digital panel lamp dimmer switch in driver display
No instrument panel-driver
Configurable lower panel with integrated upper storage
Engine remote interface without interlocks
Bright argent finish gauge bezels
Low air pressure indicator light and audible alarm with (1) additional park switch for customer use (1) single brake application air gauge
Dual needle primary and secondary air pressure gauge
Dash mounted air restriction indicator with graduations 87 decibels to 112 decibels automatic self-adjusting backup alarm #15..
- 645 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
20 Electronic cruise control with controls on steering wheel spokes Key operated ignition switch and integral start position; 4 position off/run/start/accessory Manual remote engine stop/start with pto re-engage
Premium instrument cluster with 5.0 inch tft color display Heavy duty onboard diagnostics interface connector located below lh dash 2 inch electric fuel gauge
Engine remote interface for remote throttle
Quickfit powertrain interface connector under cab with bluntcuts Quickfit programmable interface connector(s) under cab with bluntcuts Engine remote interface connector at powertrain interface connector Electrical engine coolant temperature gauge
2 inch transmission oil temperature gauge
Electronic outside temperature sensor display in driver message center Engine and trip hour meters integral within driver display Pto controls for enhanced vehicle electric/electronic architecture Electric engine oil pressure gauge
No overhead instrument panel
Quickfit programmable interface module + (4) 20 amp fused relays Am/fm/wb world tuner radio with auxiliary input, j1939
Dash mounted radio
(2) radio speakers in cab
Multi-band am/fm/wb/cb lh mirror mounted antenna system Standard radio wiring with steering wheel controls
Electronic mph speedometer with secondary kph scale, without odometer Standard vehicle speed sensor
#15..
- 646 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
21 Electronic 3000 rpm tachometer
Detroit connect platform hardware
3 years daimler connectivity base package (features vary by model) powered by detroit connect Tmc rp1226 accessory connector located behind passenger side removeable dash panel Ignition switch controlled engine stop
Four extra hardwired switches in dash, route to between seats, bluntcut Hardwire switch #1,on/off latching, 30 amps battery power Hardwire switch #2,on/off latching, 30 amps ignition power Hardwire switch #3, on/off latching, 20 amps ignition power Hardwire switch #4,on/off momentary, 20 amps ignition power (2) lh and rh foot switches with dash switch for horn button to control air horn, default to electric <85 psi Digital voltage display integral with driver display
Single electric windshield wiper motor with delay
Rotary headlamp switch, marker lights/headlights switch with pull out for optional fog/road lamps Alternating flashing headlamp system with body builder controlled engagement One valve parking brake system with warning indicator
Self canceling turn signal switch with dimmer, headlamp flash, wash/wipe/intermittent 2integral electronic turn signal flasher with 40 amp (20 amp per side) trailer lamp capacity Design
Paint: one solid color
Color
Cab color a: “xxxxxxxxxxx”
Black, high solids polyurethane chassis paint
Standard e coat/undercoating
Secondary factory options
#15..
- 647 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
22 Corporate pdi center option installation/modification only

CAB SEATING AND WEIGHT ALLOWANCE
A warning label shall be installed in the cab to indicate seating positions for four (4) people. A weight allowance of 250 pounds shall be calculated for each person.

LABELS, STANDARD PACKAGE SET
A standard set of labels shall be provided and installed on the inside of chassis cab area. The labels shall contain the required information based on the applicable components for the apparatus.

DATA PLAQUE
A data plaque shall be provided and installed on the inside of the driver's door. The data plaque shall contain the required information based on the applicable components for the apparatus:
· Engine oil
· Engine coolant
· Chassis transmission fluid
· Drive axle lubricant
· Power steering fluid
· Pump, generator, or other component lubrications
· Other NFPA applicable fluid levels or data as required · Paint manufacturer, type, and color number
· Tire Speed Ratings
Location shall be in the driver's compartment or on the driver's door.

DATA PLAQUE
A data plaque shall be provided and installed. The plaque shall contain the following information. · Pump make and model
· GPM capacity rating
· Truck serial and production number
· Pump performance (specific GPMs at rated pressures with engine RPM) · Governed engine RPM
· Pump gear ratio

WARNING LABEL -- NO RIDING ON REAR
#15..
- 648 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
23 A warning label stating: "WARNING: DO NOT RIDE ON REAR STEP WHILE VEHICLE IS IN MOTION.

DEATH OR SERIOUS INJURY MAY RESULT" shall be installed on the rear of the apparatus. The label shall be applied to the vehicle at the rear step area. The label shall warn personnel that riding in or on these areas, while the vehicle is in motion, is prohibited.

WARNING LABEL -- SEAT BELT USAGE
A warning label, stating: "WARNING CRASH HAZARD OCCUPANTS MUST BE SEATED AND BELTED WHEN VEHICLE IS IN MOTION…" shall be provided in the apparatus cab interior. This label shall be located so that it is visible from all seating positions.

LOUD NOISE WARNING LABEL
A final stage manufacturer shall install "hearing loss" potential warning labels on the vehicle in any areas or fixed equipment that produces excessive noise levels. (Exhaust outlet, sirens and air horns shall not be required for such equipment.)

AIR FILTER EMBER PROTECTION SCREEN WARNING LABEL
A warning label, stating: “THIS VEHICLE HAS AN AIR INTAKE EMBER SCREEN WHICH REQUIRES PERIODIC INSPECTION & CLEANING” shall be provided and installed in the apparatus cab interior.

FRESH AIR EMBER SEPARATOR WARNING LABEL
A warning label, stating: “THIS APPARATUS IS EQUIPPED WITH A CAB FRESH AIR INTAKE EMBER PROTECTION SCREEN. ROUTINE INSPECTION IS REQUIRED.” shall be provided and installed in the apparatus cab interior.

WARNING LABEL -- DO NOT WEAR HELMET
A warning label, stating: "CAUTION: DO NOT WEAR HELMET WHILE SEATED" shall be provided in the apparatus cab interior. This label shall be located so that it is visible from all seating positions.

MANUFACTURER LOGO
The apparatus shall include a BME logo plaque which shall be affixed at the rear of the apparatus.

The BME plaque shall feature white reflective material on the outside of the Maltese cross and red reflective material in the middle.

FRONT TOW PLATE
#15..
- 649 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
24 A horizontal full frame width, ¾-inch thick steel plate, center pull, front tow eye shall be furnished and installed through or below the front bumper. The tow eye plate shall be triangle shaped extended 6 inches beyond the front bumper with a 3-inch X 4-inch rectangle tow eye.

The tow eye shall be braced and gusseted to prevent frame rail or bumper damage and bolted to the front frame rail web with eight (8) Grade 8 frame bolts and lock nuts.

The tow plate shall to be sprayed with black durabak.

FRONT RECEIVER
There shall be one 2" receiver hitch on the front of the apparatus. The receiver shall be mounted off set as to prevent towing use.

REAR RECEIVER
There shall be one 2" receiver hitch on the rear of the apparatus. The receiver shall be mounted off set as to prevent towing use.

REAR BUSTLE
A single, frame mounted, 3-inch X 4-inch diameter, rear towing eye shall be provided. It shall be manufactured from ¾-inch thick steel plate and bolted between the rear frame rail webs with a minimum of eight (8), four (4) on each side, SAE Grade 8 frame bolts and lock nuts.

The tow eye shall be braced and gusseted to prevent damage to the frame rails, bumper or apparatus body while being towed from various angles. Access to the tow eye shall be below the bumper and designed not to interfere with the required angle of departure. The bustle shall be painted job color.

FRONT FRAME EXTENSION
The front frame rails shall be extended 16” ahead of the cab grill or fender area.

BUMPER PLATFORM
The front bumper extended frame rails shall feature an overlay constructed of .125 inch, 5052 grade, aluminum embossed diamond plate which shall offer space for mounting components necessary to the apparatus. The bumper extension shall measure approximately sixteen (16) inches from the cab to the front face of the extension and shall be approximately eight (8) inches in height.

BUMPER
#15..
- 650 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
25 There shall be an International 15 degree bumper installed on the apparatus.

FRONT BUMPER COLOR
The front bumper shall be painted job color.

BUMPER SIDE WINGS
The bumper shall have steel side wings.

FRONT BUMPER WINGS COLOR
The front bumper wings shall be painted job color.

REPLACEMENT FRONT BUMPER
The front bumper on the Freightliner shall be replaced with an International front bumper.

DRIVERS SIDE -- FRONT BUMPER COMPARTMENT
One (1) recessed hose storage compartment shall be installed in the drivers side of the bumper. The compartment shall be constructed of smooth aluminum. The floor of the compartment shall have drain holes provided.

BUMPER COMPARTMENT NYLON HOLD DOWN STRAP
One (1) nylon strap with a buckle shall be installed on the specified front bumper compartment. The nylon strap shall act as a hold down mechanism for the hose in the compartment.

The straps shall be black in color.

BUMPER COMPARTMENT GRATING
The specified bumper compartment shall be fitted with removable interlocking vinyl Dri-Dek grating. This material shall be resistant to heat, cold, ultra-violet radiation, mechanical impacts, chemical actions and is corrosion resistant.

The specified Dri-Dek grating shall be black in color.

CENTER -- FRONT BUMPER COMPARTMENT
#15..
- 651 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
26 One (1) recessed hose storage compartment shall be installed in the center front bumper. The compartment shall be constructed of smooth aluminum. The floor of the compartment shall have drain holes provided.

BUMPER COMPARTMENT DOOR
An aluminum tread plate door shall be installed on the specified front bumper compartment. The non-skid surface door shall have a stainless steel hinge at the rear, latch, and hold open device installed.

The specified door(s) shall have a Polished stainless-steel D-ring door handle.

The specified Dri-Dek grating shall be black in color.

PASSENGER SIDE -- FRONT BUMPER COMPARTMENT
One (1) recessed hose storage compartment shall be installed in the passenger side of the bumper. The compartment shall be constructed from smooth aluminum. The floor of the compartment shall have drain holes provided.

The straps shall be black in color.

The specified Dri-Dek grating shall be black in color.

BUMPER DISCHARGE SWIVEL STOPPER
There shall be a swivel elbow stopper installed just behind the front discharge(s). #15..
- 652 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
27 AIR HORN
One (1) Buell brand, Model #1063 15" air horn shall be provided and mounted on the frame rail of the passenger's side frame, behind the bumper.

AIR HORN FOOT SWITCH
One (1) foot switch shall be provided and installed. The foot switch shall be located on the driver's side of the floor and shall activate the air horn system.

AIR HORN PUSH BUTTON SWITCH
One (1) push button switch shall be provided on the pump panel. The switch shall activate the air horn system.

EXHAUST SYSTEM MODIFICATION
The chassis exhaust system shall be modified to exit on the passenger side of the apparatus ahead of the rear wheel.

EXHAUST HEAT WRAP
The exhaust pipe shall be wrapped with heat wrap from the diesel particulate filter to just shy of the end of the tailpipe.

BUMPER BOX PROTECTIVE FLAP
The protective flap shall be a cut down mud flap installed on the rear edge of the front bumper to eliminate debris from being deposited on the top of the front bumper and in the hose boxes.

REAR MUD FLAPS
The chassis shall be supplied with mud flaps with BME's logo. The mud flaps shall be installed behind the rear wheels.

DRIVER SIDE CAB STEP
The apparatus shall be equipped with a chassis fuel tank and step area. The fuel tank and step area shall be located on the drivers side of the commercial chassis. The fuel tank shall be covered with aluminum tread plate.

DRIVER'S SIDE UNDER CAB COMPARTMENT
#15..
- 653 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
28 The apparatus shall be equipped with an enclosed stainless steel compartment located under the crew door on the drivers side of the cab. The compartments clear door opening shall measure approximately 32" wide x 12.5" high x 19.25" deep with a hinged aluminum door and a D-ring style latch.

The doors shall be painted job color.

BRASS BOX SLIDE TRAY
The left under cab compartment shall have these additional items installed, a 10-gauge reinforced plain anodized aluminum sliding drawer-type tray with a 4-inch vertical flange on all sides to be utilized for the storage of nozzles and adapters.

The tray shall utilize the maximum available space within this compartment and have extra heavy duty 500 pound lock-in/lock-out roller glides with stops to prevent it from sliding all the way out and to hold it securely in place when the compartment door is opened or closed.

The brass box tray shall feature adjustable 16 section slotted 4-inch high "egg-crate" divider designed for vertical storage of various nozzles and adapters.

COMPARTMENT LIGHTING
One (1) Code 3 800 Series Corner LED lights shall be installed in the specified compartment(s).

COMPARTMENT LIGHT SWITCHES
Each interior compartment light shall be automatically controlled by a door activated "On-Off" switch.

PASSENGER'S SIDE UNDER CAB COMPARTMENT
The apparatus shall be equipped with an enclosed stainless steel compartment located under the crew door on the passenger side of the cab. The compartments clear door opening shall measure approximately 35" wide x

12.5" high x 15.25" deep with double hinged aluminum doors.

The doors shall be painted job color.

SLIDE TRAY
A 250# capacity slide tray shall be installed in the specified under cab compartment.

COMPARTMENT LIGHTING
One (1) Code 3 800 Series Corner LED lights shall be installed in the specified compartment(s). #15..
- 654 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
29 COMPARTMENT LIGHT SWITCHES
Each interior compartment light shall be automatically controlled by a door activated "On-Off" switch.

CAB STEPS
Aggressive, extruded aluminum surfaces shall be installed on each of the cab steps areas.

CAB DOOR REFLECTIVE PANELS
The cab doors shall include reflective trim installed inside each door.

Specified part shall include Red and White DOT approved reflective striping.

CAB SEATING
The apparatus shall be equipped with four (4) Bostrom Sentinel Air-100 EXT HBLX air ride seats. The seat(s) shall feature left and right arm rest, seat occupancy sensor, and a embroidered BME logo on the head rest.

The specified seat(s) covers shall be dark grey vinyl.

AIR HOSE OUTLET
There shall be one (1) female quick connect air outlet provided and installed. The quick connect fitting shall provide connection to a utility air hose and shall be located on the drivers side pump operator's panel. There shall be a shut off located at the tank.

AIR TANK RELOCATION
The air tanks shall be relocated to the rear of the truck between the frame rails.

BATTERY RELOCATION
The chassis batteries are to be relocated to the passenger side of the chassis, below the rear cab door in a custom made under cab box.

UNDERHOOD LIGHTS
There shall be two (2) Tecniq LED light(s) installed under the hood of the chassis. Lights shall have local switching on the driver side under the hood.

AIR FILTER EMBER PROTECTION SCREEN AND WARNING LABEL
#15..
- 655 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
30 The chassis air intake shall be protected by an ember guard of 18 Mesh, 0.017-inch wire diameter, and a maximum mesh opening of 0.039 inches. The ember guard shall be sized to fit and located at the intake opening. The screen shall be readily accessible for inspection and maintenance. The ember guard shall maintain a minimum ½ inch separation from the air filter.

EMBER SEPARATOR -- FRESH AIR INTAKE TO CAB
The cabin air filter shall be protected by an ember guard with a maximum mesh opening of 0.039 inches.

EMBER SEPARATOR
The final stage manufacturer shall install a stainless steel ember separator within the auxiliary fire pump engine air intake system.

FUEL TANK SKID PLATE
A heavy duty removable skid plate shall be fastened to the bottom side of the fuel tank. The skid plate shall have the front and rear sides turned up to prevent digging into the ground when the apparatus is in off road conditions.

EXTERIOR CAB TRIM
A rubber debris skirt will be installed to prevent debris and embers from entering between the cab and frame.

The debris skirt will be attached with a 12 gauge stainless steel trim piece the full length along the lower cab seam below the cab doors. The trim shall be fastened to the body seam with evenly spaced 10/32 stainless steel Phillips head machine screws and nylock nuts.

AIR, FUEL, ELECTRICAL LINE PROTECTION
All air lines, fuel lines and electrical harnesses below the chassis frame rails shall be protected with fire resistive sleeves.

FUEL TANK VENTING
The O.E.M fuel tank vent line shall be extended from the fuel tank and vented to the atmosphere. The vent line shall extend vertically from the tank to the bottom of the cab rear window and then bend 180 degrees towards the ground. A vent plug orifice (#60 drill size) shall be installed into the upper end of each line. No fuel tank roll over protection check valves shall be removed from the fuel system. Any chassis fuel system modifications shall be fully compliant CARB regulations, CVC and FMVSS.
#15..
- 656 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
31 All fuel vent lines shall be copper, steel, or Aeroquip hose, and shall be loomed, “grommeted”, and firmly clamped in position to prevent chafing or damage and all synflex fuel hoses shall be wrapped with fire wrap lagging capable of withstanding temperatures in excess of 250°C.

The fuel tanks and lines shall be protected as necessary from exhaust heat through the use of heat shields or baffles. Use only metal fasteners, coated or insulated for maximum fuel line protection.

TIRE PRESSURE INDICATOR SYSTEM
There shall be a tire pressure indicator at each tire's valve stem on the vehicle that shall indicate if there is insufficient pressure in the specific tire.

WATEROUS PUMP CPK-3 500GPM 2-STAGE
The CPK-3 is a compact two-stage pump with “pump and roll” capability making it ideal for extinguishing grass and brush fires. Equipped with a K-Series, gear-driven transmission designed for use with a side-mounted PTO. Has the following features:

High tensile, close-grained gray iron casing (bronze/gunmetal optional), one-piece volute body Bronze double-hubbed, precision-balanced impellers
Separable impeller shaft for ease of serviceability
Push-pull manual bronze transfer valve
Available in either rotation of input shaft
4-inch (101.4mm) NPT tee adapter intake; two 2-inch (50mm) or 2.5-inch (64mm) NPT tee adapter (or 2.5-inch (64mm) tapped flange) discharge K Transmission consists of a close-grained, gray iron casing with constant-mesh, stainless steel helical gears.

PRIMING SYSTEM
A Waterous model #VPOS electrically driven, positive displacement, rotary vane type 'oil less' priming pump shall be installed. The pump shall be capable of taking suction and discharging water with a lift of 10 feet in not more than 30 seconds with the pump dry, through 20 feet of suction hose of appropriate size. It shall be capable of developing a vacuum of 22" at an altitude of up to 1000 feet. The system shall be activated with a push button switch.

PRIMING VALVE
A Waterous model #82507-2T VAP priming valve shall be installed on the apparatus. #15..
- 657 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
32 PTO PUMP SHIFT SPECIFICATIONS - PUMP AND ROLL
An electric powered PTO pump shift shall be installed in the cab driver's area where not subject to accidental engagement. The pump shift system shall permit "PUMP AND ROLL" operations, as well as stationary pumping operations.

The following indicator lights shall be included with pump shift.

1. An amber indicator light, labeled "PUMP ENGAGED" shall indicate pump shift has successfully been completed.

2. A green indicator light, labeled "OK TO PUMP" shall indicate the chassis transmission is in the proper gear and the parking brake is engaged.

3. A green indicator light, labeled "OK TO PUMP AND ROLL" shall indicate the parking brake is released and the chassis transmission is in the proper gear to pump and roll.

4. Pump shift and interlocks shall comply with applicable sections of NFPA standards.

5. The pump shift shall have an instruction label and nameplate to indicate proper pump shift instructions.

RELIEF VALVE
The power-take-off fire pump system shall be equipped with an adjustable relief valve. The relief valve shall be positive and quick acting and have instantaneous "ON/OFF" control. The unit shall meet applicable sections of NFPA standards for pressure control device. The control for adjusting pressure shall be elliptical shaped for positive grip. An easily removable pilot valve strainer shall be provided and shall be accessible from the pump operator's panel. Two (2) indicator lights shall be furnished to show position of the relief valve - "OPEN" or "CLOSED".

MECHANICAL SHAFT SEAL

The Waterous pump shall be equipped with self-adjusting, maintenance free, 'mechanical shaft seal' which is designed to be functional in the unlikely event of a seal failure.

FIRE PUMP TEST
The fire pump shall undergo factory fire pump tests for a minimum of 30 minutes of continuous pump at rated capacity at rated net pump pressure prior to delivery of the completed apparatus. the complete pump test shall include a pressure control test, a priming system test, a vacuum test and a water tank to pump flow test. The factory pump testing results shall be furnished on delivery.

FIRE PUMP PTO AND DRIVELINES
#15..
- 658 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
33 A "Hot Shift" power-take-off shall be installed on the transmission PTO opening with the controls located in the chassis cab, with an AMBER warning light to note engagement. The drive shaft and universals shall be sized for intended usage and pump rating.

INTAKE DUMP VALVE
An Waterous brand intake dump valve shall be provided and mounted on the suction side of the pump. The discharge piping of the dump valve shall be a minimum of 2-1/2" diameter and shall terminate with a 2-1/2" male NST adapter. The excess water shall be discharged to the ground. A label shall be provided indicating:
"DUMP VALVE DISCHARGE, DO NOT CAP".

BYPASS FIRE PUMP COOLER
The fire pump shall be equipped with 3/8" cooling line from the pump to the water tank. This re-circulation line shall be controlled by a pump panel control valve with nameplate label noting it as the "fire pump bypass cooler".

THERMAL PUMP COOLER
The fire pump shall be equipped with an overheat protection device which monitors the temperature of the water inside the pump and relieves water when the temperature inside the pump exceeds 140 degrees Fahrenheit. The Waterous Model #OPM shall also have an warning light on the pump panel to provide additional protection in the event the temperature inside the pump continues to rise with the overheat protection valve open. The warning light and test button shall be mounted to a heavy polished casting that is mounted to the pump operator's panel.

MASTER PUMP DRAIN
One (1) Trident, multiple-port drain valve, fabricated from bronze, shall be provided and controlled at the pump operator’s control panel. The valve shall be opened by turning a rotary hand wheel. The valve shall be plumbed to drain both the discharge and intake sides of the pump, the relief valve and other plumbing components as required.

The valve shall be placed as low as possible to provide proper drainage of the components plumbed to it. The valve shall be rated to 600 PSI minimum and suitable for daily valve actuation.

MAIN PUMP PLUMBING
The PTO main pump plumbing system shall utilize stainless steel piping incorporating hosing to allow for flex.

The piping shall utilize TIG welding to provide a complete seal. Hard angles shall be avoided when possible to improve water flow characteristics. The piping shall utilize Victaulic couplers whenever possible to allow flex as the body module flexes.
#15..
- 659 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
34 Threaded sections of piping shall be avoided to reduce the leak potential of the system. Victaulic couplers shall be used in place of threading to reduce leak potential. Schedule 10 stainless steel piping shall be used for transport type piping. Schedule 40 stainless steel shall be used for areas requiring threading to provide a stable threading base. Brackets shall be installed to support threading locations thereby reducing the potential for leaks.

All hoses shall be connected directly to the tank due to the different flex ratios of the tank to body. Any front discharges, any rear discharges, and all cross lays shall use hose to reach the actual discharge. The use of hose shall be utilized due to the difference in flex or movement between the discharge location and the pump connection. Drain lines shall be provided at the lowest points in the plumbing system to allow for complete drainage. Bleeders shall be provided for all gauges to relieve pressure after use.

FIRE PUMP
A Waterous Model E511-C auxiliary pump rated by the manufacturer to meet 50 GPM @ 190 PSI and 275 GPM @ 50 PSI. shall be furnished and mounted on the apparatus The pump shall include the following components:
· Spring loaded, silicone carbide Mechanical Pump Seal. · Bronze Alloy Impeller double hubbed to balance hydraulic thrust, mechanically balanced to eliminate vibration.
· Renewable type, solid Bronze Impeller Wear Ring.
· Precision-ground Stainless Steel Pump Shaft.
· Deep Groove Radial-Type Ball Bearings for pump shaft. · High-strength aluminum alloy pump casing anodized for superior corrosion resistance. · Kubota, D902-E3B, 3-cylinder diesel powered engine, water-cooled engine with radiator. · Pressure feed oil lubrication system with spin-on oil filter. · Packaged push button contol module .
· 12-volt electric start.

AUXILIARY PUMP CONTROL PANELS
There shall be two (2) Waterous auxiliary deluxe panel controllers, one (1) shall be located in the cab console and one (1) shall be located on the pump panel.

PRIMING VALVE
A Waterous model #82507-2T VAP priming valve shall be installed on the apparatus.

PRIMING VALVE
#15..
- 660 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
35 Both main and auxiliary pumps shall share a single primer.

PUMP PERFORMANCE TEST AND CERTIFICATION
Upon completion, the apparatus shall undergo a complete pumping test that conforms to the requirements of NFPA Standard 1906 (latest edition) for the size and type of pump provided. The test shall consist of a continuous one-half hour test pumping at rated capacity and rated net pump pressure, a vacuum test of the primer system and plumbing, a tank discharge flow test and a pressure test of the apparatus piping.

The chassis engine and transmission, the pump and other components of the apparatus shall show no undue heating, leaks, or other defect. The results of the test shall be documented to establish the performance of the apparatus and to further insure that the unit shall perform satisfactorily when placed into service. The test results shall be certified in writing, with the certification provided to the purchaser for their records at the time of delivery of the completed apparatus.

AUXILIARY PUMP PLUMBING
The auxiliary fire pump plumbing system shall utilize stainless steel piping incorporating hosing to allow for flex. The piping shall utilize TIG welding to provide a complete seal. Hard angles shall be avoided when possible to improve water flow characteristics. The piping shall utilize Victaulic couplers whenever possible to allow flex as the body module flexes.

Threaded sections of piping shall be avoided to reduce the leak potential of the system. Victaulic couplers shall be used in place of threading to reduce leak potential. Schedule 10 stainless steel piping shall be used for transport type piping. Schedule 40 stainless steel shall be used for areas requiring threading to provide a stable threading base. Brackets shall be installed to support threading locations thereby reducing the potential for leaks.

The plumbing shall be unpainted.

AUXILIARY FUEL SYSTEM
The fuel system for the auxiliary fire pump shall be plumbed to the chassis fuel system. There shall be a separate fuel pickup tube mounted in the chassis fuel tank specifically for a separate engine driven pump assembly.

There shall be an electric fuel pump with regulator and fuel hose furnished between the chassis fuel tank and the auxiliary pump.

AUXILIARY FIRE PUMP ELECTRIC START WIRING TO CHASSIS
#15..
- 661 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
36 Properly sized 12 volt positive and negative cables shall be provided from the chassis battery to the auxiliary fire pump.

AUXILIARY AND MAIN PUMP PLUMBING
The auxiliary fire pump shall be plumbed to the main pump discharge. 4" UNGATED INTAKE -- LEFT SIDE
One (1) 4" un-gated suction intake shall be installed on the left side pump panel to supply the fire pump from an external water supply. The threads shall be 4" NH male and equipped with a removable screen.

One (1) chrome brass 4" NH rocker lug cap with a securing chain or cable shall be installed on the intake. 2-1/2” GATED INTAKE -- LEFT SIDE
One (1) 2-1/2" gated suction intake shall be recessed mounted on the left side pump panel to supply the fire pump from an external water supply. The valve shall be a quarter-turn ball valve with the appropriate handle and shall have 2-1/2" NH female thread.

The intake shall be equipped with a South Park Corp. 3/4" Push-pull type drain valve mounted to the bottom of the valve.

One (1) Akron 8825 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome brass 2-1/2" NH rocker lug plug with a securing chain or cable shall be installed on the intake. 2-1/2” GATED INTAKE -- RIGHT SIDE
One (1) 2-1/2" gated suction intake shall be recess mounted on the right side pump panel to supply the fire pump from an external water supply. The valve shall be a quarter-turn ball valve with the appropriate handle and shall have 2-1/2" NH female thread.

The intake shall be equipped with a South Park Corp. 3/4" Push-pull type drain valve mounted to the bottom of the valve.

One (1) Akron 8825 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed #15..
- 662 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
37 to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome brass 2-1/2" NH rocker lug plug with a securing chain or cable shall be installed on the intake.

WATER TANK SUPPLY LINE TO FIRE PUMP
A 3" water tank to pump line shall be installed, with a 3" full flow quarter turn ball valve and 3" piping. The line shall be equipped with a hump hose with stainless steel hose clamps and a 3" check valve to prevent pressurization of the water tank.

One (1) Akron 8830 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control, Akron Model R1 valve handle.

The 3" valve shall be equipped with an air operated cylinder and control actuator installed on pump panel.

PUMP TO TANK
There shall be a pump to tank line provided from the discharge side of the pumps and plumbed to the top of the tank. The plumbing shall be 2-inch with a 2-inch Akron 8800 series ¼-turn full flow ball valve, and shall be controlled at the left pump panel by a push/pull T-handle and linkage. The pump to tank shall be plumbed to flow water from both the main and auxiliary pumps
One (1) Akron 8820 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control, Akron Model R1 valve handle.

The valve shall be equipped with a Thuemling manually operated pull rod, with quarter-turn locking feature. 2-1/2" DISCHARGE LEFT SIDE -- FORWARD PUMP PANEL
One (1) 2-1/2" discharge shall be installed on the left side forward pump panel area controlled by a quarter turn ball valve with the appropriate handle. The discharge shall have 2-1/2" NH male hose threads, bleeder valve, and chrome brass cap, with a label adjacent the control handle. #15..
- 663 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
38 A Class 1 quarter-turn 3/4" drain and bleeder valve shall be installed on the discharge valve.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome brass 2.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge.

LINE PRESSURE GAUGE
There shall be one (1) 2.5” diameter -30-0-600 PSI pressure gauge internally lit.

The specified gauge shall feature a drain located at the gauge inlet to help prevent freezing. The drain shall be a twist open and close type.

Gauge(s) shall include internal, back-lit 12 volt lighting. Replaceable, White, LED bulb in a water-resistant holder.

Gauge(s) shall be supplied with a white dial face with black lettering and black gauge marks.

Gauge bezel shall be Chrome in color.

2.5" DISCHARGE -- REAR LEFT
One (1) 2.5" discharge shall be installed on the rear left panel with controlled by a quarter turn ball valve. The discharge shall have 2.5" NH male hose threads and nameplate label adjacent the control handle.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle. (1) chrome plated brass 30 degree elbow with 2.5" swivel female NH x 2.5" male NH thread with rocker lugs shall be provided on the discharge.

One (1) chrome brass 2.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge. 2” DISCHARGE -- REAR RIGHT
#15..
- 664 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
39 One (1) 2" discharge shall be installed on the rear right panel, controlled by a quarter turn ball valve on pump panel. The discharge shall have 2" NPT x 1-1/2" NH male hose threads and nameplate label adjacent the valve control handle.

One (1) Akron 8820 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome plated brass reducing adapter with a 2" female NH x 1.5" male NH thread with rocker lugs shall be provided on the discharge.

One (1) chrome plated brass 30 degree elbow with 1.5" swivel female NH x 1.5" male NH thread with rocker lugs shall be provided on the discharge.

One (1) chrome plated brass 1.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge.
1-1/2" CROSSLAY DISCHARGES
Two (2) pre-connected 1-1/2" hose cross lays shall be installed over pump enclosure. One (1) each side. They shall be arranged in a single stack design with a divider in the center of the storage area. Each storage area shall extend from the side of the pump house to the center of the pump house. The dimensions shall be approximately 4-1/2" wide x 36" deep x 32" tall.

Two (2) Akron 8820 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

The crosslay hosebed shall be equipped with an aluminum diamond plate hinged cover and vinyl end flap enclosures on each side, installed in compliance with applicable NFPA #1900 standards. The cover shall be equipped with rubber bumpers and lift up handle on each end of the cover.

The specified crosslay flaps shall be red.

CROSSLAY EDGES
The crosslay side sheets shall be rolled on each side to act as a guide for the hose to come out of the tray. #15..
- 665 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
40 Two (2) chrome plated brass reducing adapter with a 2" female NH x 1.5" male NH thread with rocker lugs shall be provided on the discharge.

Two (2) chrome plated brass 1.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge.
1-1/2" BUMPER AREA DISCHARGE (LEFT SIDE)
One (1) 2" discharge shall be provided at the driver’s side of the front bumper extension. The discharge shall be plumbed with 2" flexible high pressure hose with reusable fittings or welded stainless steel pipe. The front bumper discharge shall be equipped with a 2" quarter turn ball valve. The discharge shall have a 90 degree full swivel elbow, terminating in 1-1/2" NST male threads, to allow the hose to be pulled in any direction without kinking.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome plated brass 1.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge.
1-1/2" BUMPER AREA DISCHARGE (RIGHT SIDE)
One (1) 2" discharge, shall be provided at the passenger’s side of the front bumper extension. The discharge shall be plumbed with 2" flexible high pressure hose with reusable fittings or welded stainless steel pipe. The front bumper discharge shall be equipped with a 2" quarter turn ball valve. The discharge shall have a 90 degree full swivel elbow, terminating in 1-1/2" NST male threads, to allow the hose to be pulled in any direction without kinking.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome plated brass 1.5" NH rocker lug cap with a securing chain or cable shall be installed on the discharge.
#15..
- 666 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
41 2” ISOLATION VALVE
One (1) 2" inline valve, labeled, shall be provided to isolate the front bumper extension discharge piping in the case of a hose or piping failure. This valve shall normally be left in the open position. Control for this valve shall be through the use of a R1 handle, painted red, located at the valve.

The specified valve shall have a direct actuated ‘local’ control, Akron Model R1 valve handle.

HOSE REEL
There shall be one (1) Hannay aluminum hose reel(s) Model #SBSEPF17-28-29-RT shall be installed. The reel shall have leak proof ball bearing swing joint, adjustable friction brake, electric 12 volt rewind and manual crank rewind provisions. The reel shall be plumbed with wire reinforced, high-pressure hose coupled with brass fittings. The reel shall be designed to hold 125% of the specified hose capacity.

The reel shall be provided with a 12 volt electric motor of appropriate size for rewinding. The hose reel shall have provisions for being rewound manually. The pinion shaft for the manual rewind gear shall be equipped with an adjustable tension brake, controlled at the hose reel.

One (1) Akron 8810 series swing-out style valve(s) shall be supplied and installed. All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair or replacement.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

HOSE REEL MOUNTING
The hose reel shall be mounted over the pump enclosure.

Two (2) Cole Hersee #M-608 push button hose reel rewind controls shall be installed supplied and installed to rewind the hose reel. One (1) button shall be installed on the left pump panel and one (1) button shall be installed on the right panel.

HOSE REEL ROLLERS
The hose reel shall include one horizontal and two vertical chrome fairlead rollers. Two (2) additional sets of fair lead rollers shall be located on the auxiliary pump cover for guiding the hose across the top of the apparatus. #15..
- 667 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
42 REEL MOUNTED HOSE
Three (3) 50' foot length(s) of 1" coupler water hose shall be installed on the hose reel. The hose shall be a rubber material and have an 800 PSI working pressure. The hose shall be 3/4" in diameter.

FOAM SYSTEM
A FoamPro electronic foam system shall be provided. The system shall be designed for use with Class A foam concentrate. The foam proportioning operation shall be designed for direct measurement of water flows and shall remain consistent within the specified flows and pressures. The system shall be capable of accurately delivering foam solution as required by applicable sections of the NFPA standards.

The system shall be equipped with a control module suitable for installation on the pump panel. There shall be a microprocessor incorporated within the motor driver that shall receive input from the system's flowmeter, while also monitoring the foam concentrate pump output. The microprocessor shall compare the values to ensure that the desired amount of foam concentrate is injected onto the discharge side of the fire pump. A "foam capable" paddlewheel-type flowmeter shall be installed in the discharge side of the piping system.

The control module shall enable the pump operator to:
· Activate the foam proportioning system
· Select the proportioning rates from 0.1% to 1.0%
· See a "low concentrate" warning light flash when the foam tank level becomes low and in two (2) minutes, if the foam concentrate has not been added to the tank, the foam concentrate pump shall be capable of shutting down.

A 12-volt electric motor driven positive displacement plunger pump shall be provided. The pump capacity range shall be 0.1 to 1.7 GPM (6.4L/min) at 200 PSI (13.8 BAR) with a maximum operating pressure up to 400 PSI (27.6 BAR). The system shall draw a maximum of 30 amps at 12 volts. The motor shall be controlled by the microprocessor which shall be mounted to the base of the pump. It receives signals from the control module and power the 1/3 horsepower (.25 Kw) electric motor in a variable speed duty cycle to ensure that the correct proportion of concentrate is injected into the water stream.

A full flow check valve shall be provided in the discharge piping to prevent foam contamination of the fire pump and water tank. A 5 PSI (.35 BAR) opening pressure check valve shall be provided in concentrate line.

Components of the complete proportioning system as described above shall include:
· Operator control module
· Paddlewheel flowmeter
· Pump and electric motor/motor driver
· Wiring harnesses
#15..
- 668 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
43 · Low level tank switch
· Foam tank
· Foam injection check valve
· Main waterway check valve
· Flowmeter and tee with 2" male NPT threads.

The foam system shall be installed and calibrated to manufacturer's requirements. In addition the system shall be tested and certified by the apparatus manufacturer to applicable NFPA standards.

The foam system design shall be tested and pass environmental testing in accordance to SAE standards.

An installation and operation manual shall be provided for the unit. The system shall have a one (1) year limited warranty by the foam system manufacturer.

The FoamPro 1600 Series foam system shall be provided with a control cable from the controller to the foam pump assembly.

The FoamPro 1600 Series foam system shall be provided with a standard pump panel mounted FoamPro control head.

A FoamPro brass flowmeter shall be provided. The flowmeter shall be installed in the "foam capable" discharge line. The flowmeter shall have maximum accuracy between the flow range of 15 GPM and 520 GPM and be capable of operation between 5 GPM to 625 GPM. The tee shall have NPT and Victaulic inlet and outlets connections.

A FoamPro instruction and system rating label shall be provided. The label shall display information for a FoamPro 1600 Series foam system and shall meet applicable sections of the NFPA standards.

A FoamPro foam system schematic label shall be installed on the pump panel near foam controls. The label shall be a diagram of the FoamPro 1600 series foam system layout and shall meet applicable sections of the NFPA standards.

FOAM SYSTEM OUTLETS
The following discharges shall have foam distributed to them.

Front bumper discharges
Front bumper monitor (if applicable)
Pump house crosslay pre connects
Booster hose reel
Rear 1-1/2" discharge
#15..
- 669 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
44 FOAM SYSTEM CAB CONTROL
A FoamPro on-off control switch shall be installed in the cab console.

FOAM UPLOAD SYSTEM
There shall be a Hale EZ Foam upfill system supplied and installed on the apparatus.

PUMP MODULE ENCLOSURE
The PTO fire pump enclosure shall be a separate unit from the body unit and shall be attached and supported at the chassis frame rails. This module shall allow for independent flexing of the pump enclosure from the body, chassis, and tank, and shall permit quick removal. The module shall have Polypro mounting pads and shall be attached to the frame rails. The pump module shall also house the auxiliary pump and hose reel mounted up above the plumbing. The bolt-on pump enclosure support structure shall be constructed of steel tubing.

The pump enclosure shall be approximately 27" front to rear, 72" right to left, and 60" high.

The top portion above the pump panel (operators side), and above the pump house compartment (right hand side) shall have an stainless steel overlay. The overlay shall contour around the front and rear of the pump module approx 3" and extend down the outer edges of the module on both sides left and right to the bottom of the module. On the front of the pump house module there shall be an ALDP overlay that extends from left to right along the top approx 8" tall.

There shall be polished stainless steel bezels around panel mounted discharge and intake valves, they will be removable for ease of service.

AUXILIARY PUMP COVER
A louvered hinged cover with suitable latches shall be provided over the pump and power unit assembly. The area around the assembly shall remain open for maintenance and air circulation and the radiator shall be located behind ventilated side sheet.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

PUMP ENCLOSURE RUNNING BOARD
Both the drivers and passenger side shall be equipped with a side running board a minimum of 12" deep. The running board shall extend along the width of the pump enclosure from the forward end of the body module to #15..
- 670 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
45 behind the chassis cab. The exterior edge of the running board shall be constructed of a non-slip aggressive surface, supported by the pump enclosure framework, and bolted in place with stainless steel fasteners.

PUMP ACCESS SERVICE DOOR -- UPPER LEFT SIDE
The upper left side of the side mount pump enclosure shall be provided with a pump service access door. The hinged door shall be constructed of stainless steel powder coated satin black, with push button type lever latches for service access.

PUMP PANELS
The pump panels shall be constructed of stainless steel, bolted to the pump enclosure with stainless steel fasteners. The operators side pump panel shall be powdercoated satin black, while the right side panel shall be brushed stainless steel.

MASTER PUMP DISCHARGE AND INTAKE GAUGES

MASTER INTAKE PRESSURE GAUGE
One (1) master intake pressure gauge shall be provided on the operator's panel. The gauge shall be a Span brand, or equivalent, 30-0-150 PSI graduated, with a minimum diameter of 4-1/2", backlit for nighttime operations and silicone liquid filled to prevent condensation inside the gauge and to dampen the movement.

The gauge housing shall be constructed of Zytel nylon with a 1/4" NPT brass male fitting centrally located on the rear of the housing. The gauge shall be filled with low-temperature liquid with an operating range of -40 to +150 degrees Fahrenheit, which prevents bouncing of the readout needle and provides for an accuracy rating of 3% or 1" hg on the vacuum side and 5% or 15 PSI on the pressure side of the gauge.

The specified gauge shall feature a drain located at the gauge inlet to help prevent freezing. The drain shall be a twist open and close type.

Gauge(s) shall include internal, back-lit 12 volt lighting. Replaceable, White, LED bulb in a water-resistant holder.

Gauge(s) shall be supplied with a white dial face with black lettering and black gauge marks.

Gauge bezel shall be Chrome in color.

MASTER DISCHARGE PRESSURE GAUGE
#15..
- 671 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
46 One (1) master discharge pressure gauge shall be provided on the operator's panel. The gauge shall be a Span brand, or equivalent, 0-600 PSI graduated, with a minimum diameter of 4-1/2", backlit for nighttime operations and silicone liquid filled to prevent condensation inside the gauge and to dampen the movement.

Gauge(s) shall include internal, back-lit 12 volt lighting. Replaceable, White, LED bulb in a water-resistant holder.

Gauge(s) shall be supplied with a white dial face with black lettering and black gauge marks.

Gauge bezel shall be Chrome in color.

TEST TAPS
Test taps for pump intake and pump pressure with name plate labels shall be provided on the pump instrument panel.

PRESSURE GOVERNOR and ENGINE MONITORING DISPLAY
Fire Research PumpBoss series PBA401-D00 pressure governor and monitoring display kit shall be installed.

The kit shall include a control module, intake pressure sensor, discharge pressure sensor, and cables. The control module case shall be waterproof and have dimensions not to exceed 6 3/4" high by 4 5/8". The control knob shall be 2" in diameter with no mechanical stops, have a serrated grip, and a red idle push button in the center. It shall not extend more than 1 3/4" from the front of the control module. Inputs for monitored engine information and outputs for engine control shall be on the J1939 databus. Inputs from the pump discharge and intake pressure sensors shall be electrical.

The following continuous displays shall be provided:

Engine RPM; shown with four daylight bright LED digits more than 1/2" high Check engine and stop engine warning LEDs
Engine oil pressure; shown on a dual color (green/red) LED bar graph display Engine coolant temperature; shown on a dual color (green/red) LED bar graph display Transmission Temperature: shown on a dual color (green/red) LED bar graph display Battery voltage; shown on a dual color (green/red) LED bar graph display Pressure and RPM operating mode LEDs
Pressure / RPM setting; shown on a dot matrix message display Throttle ready LED.
#15..
- 672 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
47 The dot-matrix message display shall show diagnostic and warning messages as they occur. It shall show monitored apparatus information, stored data, and program options when selected by the operator. All LED intensity shall be automatically adjusted for day and night time operation.

The program shall store the accumulated operating hours for the pump and engine to be displayed with the push of a button. It shall monitor inputs and support audible and visual warning alarms for the following conditions:

High Battery Voltage
Low Battery Voltage (Engine Off)
Low Battery Voltage (Engine Running)
High Transmission Temperature
Low Engine Oil Pressure
High Engine Coolant Temperature
Out of Water (visual alarm only)
No Engine Response (visual alarm only).

The program features shall be accessed via push buttons located on the front of the control module. There shall be a USB port located at the rear of the control module to upload future firmware enhancements.

The governor shall operate in two control modes, pressure and RPM. No discharge pressure or engine RPM variation shall occur when switching between modes. A throttle ready LED shall light when the interlock signal is recognized. The governor shall start in pressure mode and set the engine RPM to idle. In pressure mode the governor shall automatically regulate the discharge pressure at the level set by the operator. In RPM mode the governor shall maintain the engine RPM at the level set by the operator except in the event of a discharge pressure increase. The governor shall limit a discharge pressure increase in RPM mode to a maximum of 30 psi.

Other safety features shall include recognition of no water conditions with an automatic programmed response and a push button to return the engine to idle.

The pressure governor and display shall be programmed to interface with a Cummins engine.

WATER TANK GAUGE
One (1) Fire Research TankVision model WLA300-A00-S20 tank gauge shall be installed on the pump panel.

The specified level gauge shall be active anytime the chassis battery switch is turned on.

WATER TANK GAUGE
One (1) Fire Research TankVision model WLA300-A00-S20 tank gauge shall be installed on the cab console.

The water tank indicator kit shall include an electronic indicator module, a pressure sensor, and a 10' sensor cable. The indicator shall show the volume of water in the tank on nine (9) easy to see super bright LEDs. The gauge shall be powered when the parking brake is released and the aux pump is engaged. #15..
- 673 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
48 WATER TANK VOLUME REMOTE INDICATOR
Two (2) Fire Research TankVision model WLA280-A00 tank remote indicator shall be installed. The indicator shall show the volume of water in the tank on Ninety six (96) easy to see super bright Tri-color LEDs. The indicator case shall be waterproof, manufactured of Polycarbonate material with an integrated lens. The package includes a rubber gasket.

The remote indicator shall receive input information over a datalink from a Fire Research TankVision primary indicator model WLA200-A00, WLA300-A00 or WLA400-A00. The remote indicator shall indicate the level as a single color in Red for 25% or less, Amber color for up to 50% volume, Blue color for up to 75% volume and Green color for up to 100% volume. When the level reaches 25%, the red LEDs will begin flashing. When the level is empty, the red LEDs will scroll in a down-chasing motion and then flash three times. It shall have the program capability to adjust the brightness level for day time and nighttime viewing.

The specified level gauge shall be active anytime the chassis battery switch is turned on.

CLASS A FOAM TANK GAUGE
One (1) Fire Research brand, Model WLA360-A00 tank level gauge shall be provided on the pump operator’s panel to monitor the foam concentrate storage tank level. The gauge shall indicate the foam concentrate storage tank liquid level on an LED bar graph display.

The specified level gauge shall be active anytime the chassis battery switch is turned on.

NOMENCLATURE PLATES
The apparatus shall be equipped with color coded labels. The labels shall be furnished for discharges, intakes, and for other controls and indicators. All labels shall be in English format.

MIDSHIP PUMP PANEL LIGHTS -- DRIVERS SIDE
There shall be three Tecniq brand LED lights installed under a stainless steel light shield mounted above the pump panel. The two outer lights shall be operated by a panel mounted switch, while the middle light will only be activated upon pump engagement.

One (1) of the pump panel lights shall illuminate at the time the fire pump is engaged.

MIDSHIP PUMP PANEL LIGHTS -- PASSENGER SIDE
There shall be one Tecniq brand LED light installed under a stainless steel light shield mounted above the pump panel. The light shall activate upon pump engagement.
#15..
- 674 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
49 PUMP ENCLOSURE WORK LIGHTS
Two (2) LED work lights shall be installed in the pump enclosure. The work lights shall have clear lenses and shall have a control switch.

DESIGN AND SCOPE OF WILDLAND BODY
The body shall be designed and constructed of commonly available structural components for ease of repair and maintenance. The body shall be of a modular design with the body structure independent of the chassis frame rails. The body module shall be mounted to the chassis frame rails utilizing a unique double spring mounting system for flexibility and durability over the lifetime of the apparatus. The fabrication of the body shall be of welded construction to withstand the rigors of fire service use.

The body shall be designed to incorporate and support the tank, hose bed, compartments, and all other equipment intended to be stored in or mounted to the body module. The body skeleton and compartment framework shall be designed of tubular members for increased strength and stress resistance. There shall be no sheet metal or extrusions utilized in the foundation or structural components of the body module due to their critical role in assuring lifetime durability, functionality and usability.

BODY FRAMEWORK
The entire body framework shall be fabricated from steel tubing. The body framework shall be a completely welded unit, forming a connected, stable frame for strength, longevity and providing the skeleton of the body module. The internal upright members of the framework shall act as support for the top layer of the body module. The external upright members shall act as an exoskeleton providing form and support for compartments while acting as the external surfaces of the module. The framework shall define the compartment openings and provide a rigid mounting location for all compartments and doors.

The foundation cross-members shall be placed perpendicular to the chassis frame rails in the wheel well area extending the full width of the body and shall be constructed of 3 inch high x 2 inch wide x .25 inch tubing.

The foundation members parallel to the chassis frame rails shall be constructed of 3 inch square x .25 inch tubing and shall connect the foundation cross members and extend the full length of the body.

All tank support cross members shall be placed to support the water tank as per the tank manufacture’s recommendation. These supports shall be constructed of 3 inch high x 2 inch wide x .25inch steel tubing. The tank support angles shall be constructed of 4 inch x 4 inch x .25 inch thick angles and shall be placed at the tank sides parallel to the chassis frame rails to provide lateral support for the tank and protection from debris from the wheels.

The internal upright supports for top layer components shall be placed to provide support for all components located on the top layer of the body module and shall be constructed of steel tubing measuring 2 inch square x #15..
- 675 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
50 .25 inch wall thickness. All front to rear connecting members shall be 3 inches high x 2 inches wide x .125 inch wall thickness and shall be placed in between the interior upright support members to provide rigidity, stability and support to all top layer components. All gussets shall be constructed of 2 inches high x 3 inches wide x .25 inch thick plate which shall be placed on the top and bottom of the foundation cross members where they intersect with the exterior members.

BODY MOUNTING SYSTEM
The mounting assembly shall be designed to isolate and protect the body module from vibration and twisting stresses imparted by the flexing of the chassis frame rails. The body module shall employ spring loaded body mounting assemblies. Each two piece mounting assembly shall be designed to positively position the body on the frame rails while allowing lateral and forward or aft movement. Mounting assemblies shall be placed forward and rearward of the rear axle as necessary to provide a strong and stable mounting of the body module Each mounting assembly shall consist of a “male” upper mounting bracket and a “female” lower mounting bracket. The upper mounting brackets shall be fabricated from .25 inch thickness steel plate, with .250 inch painted steel lower mounting brackets. The upper mounting brackets shall be welded directly to the foundation connecting members. The lower mounting brackets shall be bolted to the exterior side facing surface of the chassis frame rails.

The mounting brackets shall be aligned and connected by two (2) 5/8 inch diameter grade 8 bolts equipped with compression springs. The springs shall be of the appropriate tension rating for the weight requirements of the body module. The mounting assembly shall be designed to completely eliminate sheering forces on the mounting bolts.

The foundation connecting members shall be placed on top of the chassis frame rails for added strength and stability. The foundation members shall be isolated from the steel chassis frame rails by .25 inch thickness steel plates which have .5 inch thick 80 durometer rubber pads vulcanized to the bottom surface of each plate. The steel plates shall be welded to the bottom of the foundation, doubling as additional gussets at foundation cross member joints.

COMPARTMENT FLOOR, SWEEP OUT STYLE
Each compartment shall feature a raised floor sufficient enough so the lip of the compartment shall clear the frame rail of the body module to allow debris to be removed easily from the compartment.

BODY MATERIAL
All materials utilized shall be of the correct type, alloy, and thickness to withstand the intended usage and provide protection against cracking, corrosion or metal fatigue. The body compartments shall be fabricated using 14 gauge steel for most compartments unless otherwise stated. Any use of proprietary parts or materials in #15..
- 676 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
51 the construction of the body shall be unacceptable, due to potential delays or difficulties in an unlikely event of future repairs or when service becomes necessary.

All external upright supports for integral compartments shall incorporate a second set of upright supports constructed of 3 inch wide x 2 inch deep x .250 inch wall thickness and shall be located outboard of the internal upright supports to provide a rigid structure for the compartments to be mounted to. The compartment openings shall be constructed of 3 inch high x 2 inch wide x .125 inch wall thickness cross members and shall be placed in between the external upright supports to define the openings of all enclosed body compartments again, providing a rigid mounting location for compartments.

COMPARTMENTATION
All compartments shall be constructed of 14 gauge E.G. steel welded for strength and shall be sealed from the elements. The compartments shall be attached to the steel superstructure only, in order to maintain a truly modular design. Each compartment shall feature a smooth edges and surfaces from the walls to each weld without burs or sharp edges in the material.

DRIVER’S SIDE BODY COMPARTMENTS
COMPARTMENT D1
One compartment shall be provided on the driver's side of the apparatus body above the rear wheels. This compartment shall span from just behind the pump panel to the back of the rear wheel well quarter panel. The compartments approximate "clear door opening" is 51" wide by 39" high with a variable depth of 13.5/23".

COMPARTMENT VENTILATION
A minimum 2-inch single “Weber” style polished stainless steel swivel vent with four (4) ¼-inch vent holes shall be provided. These vents shall have a stainless steel center bolt to lock the vent in either the open or closed position and be located in the compartment walls. All vents will contain fire resistant filters to minimize dust entering the compartment.

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

COMPARTMENT SILL PLATE
The compartment shall feature a polished stainless steel sill plate protecting the painted surface of the compartment when items are accessed.

ADJUSTABLE UNISTRUT
#15..
- 677 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
52 Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.

Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) vertical channels on the back wall of the compartment.

ADJUSTABLE SHELF
There shall be (1) adjustable shelf installed; and the shelf shall be constructed of .125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf shall have a broken front edge, and a broken rear edge for added strength and reinforcement.

COMPARTMENT SHELF GRATING
The specified compartment shelf shall be fitted with removable interlocking vinyl Dri-Dek grating. This material shall be resistant to heat, cold, ultra-violet radiation, mechanical impacts, chemical actions and is corrosion resistant.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

SCBA MOUNTINGS
The apparatus shall be equipped with one (1) Ziamatic brand “Walkaway" bracket, model #UH-6-30-3-SFPHS with safety straps. The assembly shall provide a smooth release without snagging.

COMPARTMENT GRATING
The compartments shall be fitted with removable interlocking vinyl Dri-Dek grating. This material shall be resistant to heat, cold, ultra-violet radiation, mechanical impacts, chemical actions and is corrosion resistant.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required. #15..
- 678 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
53 The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical and one (1) horizontal Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

COMPARTMENT D2
One full height compartment shall be provided on the driver's side of the apparatus body aft of the rear wheels.

This compartment shall span from behind the rear wheel well quarter panel to the rear of the body in width and from the top of the body to the rub rail in height. The compartments approximate "clear door opening" is 34" wide by 58" high with a variable depth of 13.5"/22.5".

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

COMPARTMENT SILL PLATE
The compartment shall feature a polished stainless steel sill plate protecting the painted surface of the compartment when items are accessed.

ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.

Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) vertical channels on the back wall of the compartment.
#15..
- 679 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
54 ADJUSTABLE SHELF
There shall be (1) adjustable shelf installed; and the shelf shall be constructed of .125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf shall have a broken front edge, and a broken rear edge for added strength and reinforcement.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required.

The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical and one (1) horizontal Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

PASSENGER SIDE BODY COMPARTMENTS
COMPARTMENT P1
#15..
- 680 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
55 One compartment shall be provided on the passenger's side of the apparatus body above the rear wheels. This compartment shall span from just behind the pump panel to the back of the rear wheel well quarter panel in width and from the top of the body side to the wheel well in height. The compartments approximate "clear door opening" is 51" wide by 39" high with a depth of 12".

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

COMPARTMENT SILL PLATE
The compartment shall feature a polished stainless steel sill plate protecting the painted surface of the compartment when items are accessed.

Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) vertical channels on the back wall of the compartment.

COMPARTMENT SHELF GRATING
#15..
- 681 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
56 The specified compartment shelf shall be fitted with removable interlocking vinyl Dri-Dek grating. This material shall be resistant to heat, cold, ultra-violet radiation, mechanical impacts, chemical actions and is corrosion resistant.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required.

The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical and one (1) horizontal Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

COMPARTMENT P2
One compartment shall be provided on the passenger's side of the apparatus body aft of the rear wheels. This compartment shall span from behind the rear wheel well quarter panel to the rear of the body in width and from below the walkway to the rub rail in height. The compartments approximate "clear door opening" is 34" wide by 58" high with a variable depth of 12"/22".

COMPARTMENT VENTILATION
A minimum 2-inch single “Weber” style polished stainless steel swivel vent with four (4) ¼-inch vent holes shall be provided. These vents shall have a stainless steel center bolt to lock the vent in either the open or closed #15..
- 682 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
57 position and be located in the compartment walls. All vents will contain fire resistant filters to minimize dust entering the compartment.

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

COMPARTMENT SILL PLATE
The compartment shall feature a polished stainless steel sill plate protecting the painted surface of the compartment when items are accessed.

Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) vertical channels on the back wall of the compartment.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

SCBA MOUNTINGS
#15..
- 683 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
58 The apparatus shall be equipped with two (2) Ziamatic brand “Walkaway" bracket, model #UH-6-30-3-SFPHS with safety straps. The assembly shall provide a smooth release without snagging.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required.

The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical and one (1) horizontal Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

BACK BODY COMPARTMENTS
COMPARTMENT B1
One compartment shall be provided at the back of the apparatus body, below the hose bed and above the tailboard. This compartment shall span just center of the tank. The compartments approximate "clear door opening" is 27" wide by 34" high with a depth of 25".

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body. #15..
- 684 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
59 COMPARTMENT SILL PLATE
The compartment shall feature a polished stainless steel sill plate protecting the painted surface of the compartment when items are accessed.

Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) horizontal channels on the back wall of the compartment.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required. #15..
- 685 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
60 The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

PUMP HOUSE COMPARTMENT (PH1)
There shall be a compartment located on the upper passenger side of the pump house. The compartment dimensions shall be approximately 21" wide x 23" high x 12" deep.

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

COMPARTMENT SHELF GRATING
#15..
- 686 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
61 The specified compartment shelf shall be fitted with removable interlocking vinyl Dri-Dek grating. This material shall be resistant to heat, cold, ultra-violet radiation, mechanical impacts, chemical actions and is corrosion resistant.

The specified Dri-Dek grating shall be black in color.

The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

COMPARTMENT GRATING EDGE
The Dri-Dek grating shall be equipped with beveled edges where required.

The specified Dri-Dek grating shall be black in color.

COMPARTMENT LIGHTING
The specified compartment shall have two vertical Code 3 800 series lights installed.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

PUMP HOUSE COMPARTMENT (PH2)
There shall be a compartment located on the lower passenger side of the pump house. The compartment dimensions shall be approximately 11.5" wide x 18" high x 18" deep.

COMPARTMENT FLOOR DRAIN
The compartment shall be provided with rear corner floor drains to the underside of the body.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar. #15..
- 687 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
62 SLIDE-IN REAR LADDER COMPARTMENT - PASSENGER SIDE
The rear passenger side of the apparatus body shall have a vertically mounted slide-in ladder storage compartment. The compartment shall be capable of storing one (1) *20-foot three-section Duo Safety model #912 ladder, one (1) *backboard minimum dimensions 72" L x 16" W x 2" H (Ferno “Najo Light NB5500” or similar), one (1) *8-foot long pike pole and one (1) *5-foot digging bar, one (1) *8-foot rubbish hook, *New York Roof Hook with locking pins to secure each item.
*Items are to be purchased by the end user.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

SLIDE-IN REAR SUCTION HOSE COMPARTMENTS
Two (2) suction hose storage compartments will be located above the side storage compartments on both sides of the apparatus. The compartments will hold a combined total of three (3) eight (8) foot sections of four (4) inch hard suction hose and strainer.

Both compartments will be capable of holding two (2) eight (8) foot sections of hose if needed. Each compartment will have a stainless steel painted hinged door on the rear of the compartment. Each compartment door will have a locking positive latching door latch.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

TOP COMPARTMENT TC1
The hose bed shall be provided with a compartment down the center of the hosebed. The top compartment shall have a one piece aluminum treadplate cover. Approximate "clear door opening" dimensions shall be 13" wide by 75" deep and 16" high.

ALUMINUM TREADPLATE DOOR
This compartment shall feature an embossed aluminum diamond plate lid. The lid shall be bare embossed aluminum diamond plate.

DOOR LATCH
#15..
- 688 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
63 The specified hinged door(s) shall be equipped with a sealed, black lever latch(es). Latch(es) shall be non-locking style.

LIGHTING
The specified compartment shall have no compartment lighting.

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.

PAINTED ALUMINUM PANEL
There shall be a smooth aluminum panel bolted to the rear of the center top storage box.

WHEEL WELL PANEL CONSTRUCTION
The outer wheel well panel shall be galvanneal steel of the same gauge as compartment construction and an integral part of the overall body design. The exterior wheel well area shall be painted to match the body.

WHEEL WELL LINERS
Wheel well liners designed to protect the body from impact resulting from road debris thrown by the tires shall be installed. The removable liners shall be constructed from UHMW material to encompass the entire inner wheel well area. The liners shall be secured with stainless steel threaded fasteners.

REAR WHEEL FENDERETTES
Polished stainless steel fenderettes shall be installed at each rear wheel opening. The fenderettes shall be positioned outside of the wheel well panel to cover the tire area that extends past the body. The fenderettes shall be secured with stainless steel threaded fasteners.

DRIVERS SIDE BODY -- SCBA CYLINDER STORAGE PROVISIONS
A storage area for an SCBA cylinder shall be provided in the forward area of the driver's side wheel well.

Dimensions shall be 8" diameter x 26" deep.

The SCBA door shall be a Cast Products door.

The SCBA cylinder storage tube shall be made from plastic. There shall be rubber matting to cusion the bottle glued into the tube.
#15..
- 689 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
64 DOOR LATCH
The specified hinged door(s) shall be equipped with (1), textured chrome lever latch(es). Latch(es) shall be non-locking style with a raised button.

SCBA CYLINDER STRAPS
There shall be a 1" nylon tether installed to secure the bottle in the storage tube.

DRIVERS SIDE BODY -- SCBA CYLINDER STORAGE PROVISIONS
A storage area for an SCBA cylinder shall be provided in the rearward area of the driver's side wheel well.

Dimensions shall be 8" diameter x 26" deep.

The SCBA door shall be a Cast Products door.

The SCBA cylinder storage tube shall be made from plastic. There shall be rubber matting to cusion the bottle glued into the tube.

DOOR LATCH
The specified hinged door(s) shall be equipped with (1), textured chrome lever latch(es). Latch(es) shall be non-locking style with a raised button.

SCBA CYLINDER STRAPS
There shall be a 1" nylon tether installed to secure the bottle in the storage tube.

PASSENGER SIDE BODY -- SCBA CYLINDER STORAGE PROVISIONS A storage area for an SCBA cylinder shall be provided in the forward area of the passenger’s side wheel well.

Dimensions shall be 8" diameter x 26” deep.

The SCBA door shall be a Cast Products door.

The SCBA cylinder storage tube shall be made from plastic. There shall be rubber matting to cusion the bottle glued into the tube.

DOOR LATCH
The specified hinged door(s) shall be equipped with (1), textured chrome lever latch(es). Latch(es) shall be non-locking style with a raised button.
#15..
- 690 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
65 SCBA CYLINDER STRAPS
There shall be a 1" nylon tether installed to secure the bottle in the storage tube.

PASSENGER SIDE BODY -- SCBA CYLINDER STORAGE PROVISIONS A storage area for an SCBA cylinder shall be provided in the rearward area of the passenger's side wheel well.

Dimensions shall be 8" diameter x 26" deep.

The SCBA door shall be a Cast Products door.

The SCBA cylinder storage tube shall be made from plastic. There shall be rubber matting to cusion the bottle glued into the tube.

DOOR LATCH
The specified hinged door(s) shall be equipped with (1), textured chrome lever latch(es). Latch(es) shall be non-locking style with a raised button.

SCBA CYLINDER STRAPS
There shall be a 1" nylon tether installed to secure the bottle in the storage tube.

RUB RAILS, CLEARANCE LIGHTS, AND REFLECTIVE TAPE
The sides of the lower body area fore and aft of the wheel well area shall be provided with 2" x 1.25" x .250" extruded aluminum rub rails, with end caps or angled corners.

Specified part shall include White reflective striping.

FRONT OF BODY -- PROTECTIVE SURFACE
The entire front of the apparatus body shall include a protective surface, constructed of aluminum tread plate material.

FRONT CORNERS OF BODY -- PROTECTIVE SURFACES
The front corners of the apparatus body shall include a protective surface installed. The surface shall be constructed of polished stainless steel material.

REAR BODY PANELS
#15..
- 691 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
66 The entire rear of the apparatus body shall be painted apparatus color.

OUTER REAR BODY PANELS -- PROTECTIVE COVERING
The rear outer panels of the body shall have protective surfaces installed on the corners. The protective covering shall be constructed of polished stainless steel material.

TOP OF BODY COMPARTMENTS -- PROTECTIVE SURFACES
The top of the side compartments shall have a protective surfaces installed. The surface shall be constructed of aluminum tread plate material.

ANODIZED ALUMINUM DRIP RAIL
All enclosed compartment doors shall be provided with an aluminum drip rail above the doors.

ALUMININUM – COMPARTMENT DOOR, HINGED OVERLAP
One (1) single, vertically hinged door shall be provide and fabricated from aluminum. The frame of the door shall be constructed of 1.75” x 1.75” x .125” aluminum tubing to prevent corrosion and provide structural support. The spacing created by the frame tubing shall filled with Styrofoam for added support, dent resistance, insulation and noise reduction. The exterior surface shall be .125” aluminum for durability. The interior surface shall be .080” aluminum. There shall be no mechanical fasteners, such as bolt heads or rivets on the inside or outside of the doors.

The exterior of the door shall overlap the opening of the compartment. A .75” lip shall be constructed around the opening of the compartment and the exterior of the door. A rubber seal shall be installed on the .75” lip on both the compartment and the door to provide for a double seal against water and dust. A rain gutter shall be mounted above the door creating a third layer of water protection.

The door shall be designed utilizing a D-ring style latch system. A 6” stainless steel D-ring latch, large enough to accommodate a gloved hand, shall be mounted on the exterior of the door. A stainless steel bezel shall be installed to house and protect the D-ring locking mechanism. The easily serviced bezel shall be mounted utilizing stainless steel screws. The D-ring locking mechanism shall be a double catch design. The first catch shall engage to secure the door in the event of improper closure. The second catch shall seal the door from water and other elements once the door has been properly closed.

The door shall be mounted using a stainless steel piano style hinge and a .25” diameter hinge pin for stability.

The vertical hinge shall be mounted to the body frame with threaded inserts and stainless steel screws to preserve functionality and ease of maintenance in the event of damage. #15..
- 692 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
67 Gas struts shall be utilized to hold the door in the open position and to prevent the door from slamming during closing. The gas struts shall be mounted directly to the door with a stainless steel bracket assembly for stability and ease of maintenance. The gas struts shall be mounted to the interior of the compartment with a fully adjustable assembly.

The exterior of the compartment doors and the door frames shall be painted to match the body in quality and tone. The interior surface shall not be painted, it shall be sanded utilizing a dual orbital technique.

The specified door(s) shall have a Polished stainless-steel D-ring door handle.

The specified door(s) D-ring handles shall be equipped with manual key door locks keyed to use the 1250 key.

COMPARTMENT DOOR EDGE STRIPING
The hinged compartment doors shall have reflective striping applied on the edges. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

ALUMININUM – COMPARTMENT DOOR, HINGED OVERLAP
There shall be five (5) double, vertically hinged sets of doors fabricated from aluminum and installed on the apparatus body. Each door shall feature exterior surfaces which overlaps the opening of the compartment. The exterior surface shall be .125” aluminum for durability and damage resistance. The interior surface shall be .080” aluminum for structural support and overall appealing appearance of the compartment. The frame of the doors shall be constructed of 1.75” x 1.75” x .125” aluminum tubing to prevent corrosion and provide structural support. The spacing created by the frame tubing shall be filled with Styrofoam for added support and dent resistance, temperature insulation, and noise reduction.

A .75” lip shall be constructed around the opening of the compartment and the exterior of the door. A rubber seal shall be installed on the .75” lip of both the compartment and the door to provide for a double seal against water and dust. A rain gutter shall be mounted above the latch type door for an added third layer of water protection.

The doors shall be designed utilizing a D-ring latch system. A 6 inch stainless steel D-ring latch, large enough to accommodate a gloved hand, shall be mounted on the exterior of the door to allow the door to seal and fasten in the closed position. A stainless steel bezel shall be installed to house and protect the D-ring locking mechanism.

The easily serviced bezel shall be mounted utilizing stainless steel screws for added stability of the mechanism and ease of maintenance in the event of damage. The D-ring locking mechanism shall be of a double catch design. The first catch shall engage to secure the door in the event of improper closure. The second catch will seal the door to water and other elements once the doors has been properly closed. #15..
- 693 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
68 The doors shall be mounted with a stainless steel hinges with .25” diameter hinge pin for stability. The vertical hinges shall be mounted to the body frame with threaded inserts and stainless steel screws to preserve functionality with use or age and ease of maintenance in the event of damage.

Gas struts shall be utilized to hold the door in the open position and to prevent the door from slamming during closing. The gas struts are mounted directly to the door with a stainless steel bracket assembly for stability and ease of maintenance. The gas struts shall be mounted to the interior of the compartment with fully adjustable assembly for ease of adjustment and maintenance while increasing stability.

A polished stainless steel scuff guard shall be installed on the bottom of the compartment opening to prevent damage and wear to the paint and finish of the body module due to the removal and storage to equipment in the compartment.

The exterior of the compartment doors and the door jambs shall be painted to match the body in quality and tone. The interior of the door shall not be painted due to lack of exposure and inherent resistance to corrosion.

The interior of the door shall be sanded utilizing a dual orbital technique. The sanding shall provide for a smooth, regular, scratch free surface on the interior of the door. The exterior skin to door frame joining seam shall be caulked and painted to provide a moisture proof seal.

Each compartment shall be provided with two vertically hinged doors with one (1) D-ring latch on each door in the set of doors.

The specified door(s) shall have a Polished stainless-steel D-ring door handle.

The specified door(s) D-ring handles shall be equipped with manual key door locks keyed to use the 1250 key.

COMPARTMENT DOOR EDGE STRIPING
The hinged compartment doors shall have reflective striping applied on the edges. The stripe shall be a 1-1/2" minimum in width.

Specified part shall include Red and White DOT approved reflective striping.

REAR STEP
The rear bumper shalll be made from aluminum diamondback grip strut. The design of the grip strut shall allow for no debris or dust buildup and will allow for easy clean out with just water.

The step shall be of a three piece design each section to operate independently during body and chassis flexing.

The step will be full body width by a minimum 8-inch deep stand off type. When mounted, the loaded rear departure angle will be no less then 22 degrees.
#15..
- 694 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
69 The drop step will have locking positions to allow for up position storage and rear compartment door opening access. The drop step will incorporate a stop in the down position to prevent movement when in use.

AUXILIARY FIXED STEP -- DRIVERS SIDE REAR
Three (3) Cast Products 8" square cast aluminum auxiliary step(s) shall be provided. The step shall be installed on the rear drivers side of the body.

AUXILIARY FIXED STEP -- PASSENGER SIDE REAR
Three (3) Cast Products 8" square cast aluminum auxiliary step shall be provided. The step shall be installed on the rear passenger side of the body.

HANDRAILS
One (1) knurled type non-slip handrail, approximately 18” in length, shall be vertically installed.

HANDRAILS
Two (2) knurled type non-slip handrail, approximately 42” in length, shall be vertically installed.

HANDRAILS
Two (2) knurled type non-slip handrail, approximately 12” in length, shall be horizontally installed.

HANDRAILS
Two (2) knurled type non-slip handrail, approximately 18” in length, shall be horizontally installed.

HANDRAILS
One (1) knurled type non-slip handrail, approximately 60” in length, shall be horizontally installed.

HOSE BODY CONSTRUCTION SPECIFICATIONS
The hose bed side sheets and floor shall be constructed from aluminum material. The hosebed shall provide two separate hose beds one on the left and one on the right side of the top loaded center dunnage. The hose body shall be free of sharp corners, bolts, or other obstructions that may catch hose and other equipment.

HOSE STORAGE BRACKETS
There shall be two (2) I-Zone hose bracket(s) provided on the rear of the apparatus body one on each side left #15..
- 695 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
70 and right. The mount(s) shall be mounted under CPI fixed step(s). Approx length of the I-zone pole shall be 24".

ALUMINUM HOSEBED GRATING
The hose bed compartment deck shall be constructed entirely from maintenance-free, extruded aluminum slats.

The slats shall feature an anodized, contoured, ribbed top surface. The slats shall be of widths approximately 3/4'' high x 4.5'' wide and shall be welded into a one-piece grid system to prevent the accumulation of water and allow ventilation to assist in drying hose.

ALUMINUM HOSEBED COVER
Two (2) separate aluminum tread plate hose bed covers shall be installed, ⅛-inch aluminum alloy diamond plate reinforced with a ⅛-inch aluminum alloy hat section as needed to support walking on the hose bed covers. The covers shall be hinged on the outboard side using full length polished stainless steel hinges with a minimum ⅜-inch pin and 1-inch joint length and installed to avoid any hindrance in walking on hose bed covers.

The hose bed covers shall have full length handrails installed along the rear lip of the covers and two (2) mechanisms on each cover to assist with opening and closing of the hose bed covers. Each hose bed cover shall have a mechanism to hold the hose bed cover in the open position and will be substantial enough to prevent accidental closing in extreme wind conditions.

The covers shall be reinforced so that they will support the weight of a person walking on the cover and shall be sloped to the outboard side of the apparatus to aid in water run-off.

HOSEBED REAR ENCLOSURE
A vinyl end skirt with three (3) straps, and large quick release buckles (minimum 2-inch) shall be installed on each hose bed cover. Quick release buckles and nylon tie down straps shall be attached to the end skirts. The end skirts will be weighted at the bottom end with a full width flat strip of metal sewn into the hem of the skirt.

The end skirts, straps, buckles, etc. will be exposed to direct sun light and shall be protected against UV rays.

The flaps shall be red in color.

HOSEBED -- AREA LIGHTS
(4) Tecniq E10 lights shall be provided and installed on hosebed door(s).

DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar. #15..
- 696 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
71 WATER TANK SPECIFICATIONS
A United Plastics Fabricating (UPF), 500 gallon booster tank (Poly Tank) shall be fabricated from a minimum of .500” polypropylene complete with a minimum of .375” polypropylene internal full height baffles that are raised 4” off the tank floor for maximum water flow between baffles. In addition, provisions for the main pump outlet, direct tank filler inlet, a pump to tank filler/churn valve inlet, a back pump filler outlet, a fitting for an electronic water level gauge sensor and clean outs for manual tank flushing shall be provided. The tank shall be structurally reinforced and restrained to prevent deformities or damage to the tank or apparatus body during stressed off road operations. The booster tank shall be a rectangular design, and shall be capable of being completely removable from the body without cutting or bending of any components. The tank and cradle assembly shall be mounted to the chassis frame in strict accordance to the tank manufacturer’s installation guidelines.

The water tank shall be constructed of polypropylene, nitrogen-welded and tested inside and out. The tank manufacturer shall define the floor, top, sides, ends, and baffles material thicknesses. The tank shall carry a lifetime warranty. The water tank shall be manufactured by United Plastic Fabrication.

The transverse and longitudinal swash partitions shall be interlocked and welded to each other as well as to the walls of the tank. The partitions shall be designed and equipped with vent holes to permit air and liquid movement between compartments. The .cover shall be recessed .375" from the top of the side walls. Hold down dowels shall extend through and be welded to both the covers and the transverse partitions, providing rigidity during fast fill operations. Drilled and tapped holes for lifting eyes shall be provided in the top area of the water tank.

The water tank manufacturer shall certify the capacity of the water tank prior to delivery of the apparatus. This capacity shall be recorded on the manufacturer's record of construction and the certification shall be provided to the purchaser when the apparatus is delivered. Tank construction shall conform to applicable NFPA standards.

The water tank shall be configured in a rectangular style with consistent widths on the sides from top to bottom.

TANK FILL AND OVERFLOW PROVISIONS
The water tank shall have a combination vent and manual fill tower. The fill tower shall be fabricated from 1/2" polypropylene and shall have a minimum outer perimeter dimension of 8" x 8". The tower shall have a 1/4" thick polypropylene screen and a polypropylene hinged cover. Inside the fill tower, halfway down from the top, shall be fastened a vent overflow pipe. The vent overflow shall be fabricated from Schedule 40 polypropylene pipe, with a minimum I.D. of 4”. The vent overflow shall be designed to run through the tank interior and shall be designed to exit the water tank interior behind the rear wheels.

The tank cover shall be fabricated from 1/2" thick polypropylene and shall incorporate a three-piece design which allows for the removal of each individual cover section for inspection or repair of the tank interior, if necessary. The tank cover shall be recessed 3/8" from the top of the tank sides and shall be welded to both the #15..
- 697 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
72 sides and the longitudinal baffles. Each of the three cover sections shall have hold downs to assist in keeping the cover rigid under fast filling conditions. These hold downs shall consist of 2" polypropylene dowels, spaced a maximum of 30" apart, fitted and then welded to the transverse partitions. The dowels shall extend through the cover sections and be welded to them. Two of the dowels shall be drilled and tapped to accommodate the tank lifting eyes.

The sump shall have a minimum dimension of 8" x 6" with a 3/4" thick bottom. On all tanks with a bulkhead suction inlet, a 3" Schedule 40 polypropylene pipe sweep shall be provided from the front of the tank to the sump location. The sump shall have a threaded plug located at the bottom of it for a tank drain and clean out.

There shall be two standard tank outlets: one for the tank to pump suction line, which shall be a minimum of a 3" NPTF coupling, and one for a tank fill line, which shall be a minimum of a 1-1/2" NPTF coupling. All tank fill couplings shall be backed with flow deflectors to break up the stream of water entering the tank.

The water tank shall rest on the body subframe cross members, which shall be spaced a maximum of 22" apart.

The tank shall be insulated from those cross members by hard rubber insulators, with a minimum thickness of 1/4", glued and mechanically fastened to the cross members to protect the tank from direct contact with the steel body subframe. The tank shall be designed on a free-floating suspension principle and shall not require the use of additional hold downs. The tank shall be completely removable without disturbing or dismantling the apparatus body structure.

VENT AND OVERFLOW
The fill tower shall incorporate a vent and overflow system shall be designed into the water tank. The system shall include a 3" diameter PVC pipe that functions both as an air vent while emptying the tank and as an overflow when filling the tank. The overflow shall discharge excess water below the frame rails of the vehicle.

TANK SUMP AND DRAIN PROVISIONS
A one (1) cubic foot (minimum) polypropylene sump, with anti-swirl baffles shall be provided. The sump shall be located as close to the center of the tank floor as the chassis cross members, and differential driveline will allow.

One (1) 3-inch or 4-inch National Pipe Thread (NPT) outlet and plug shall be provided in the sump floor for flushing of the tank. A 1½-inch drain valve shall be provided in the tank sump for flushing of the booster tank.

The valve will be located as to provide for adequate clearance from cross members and differential during extreme twisting motions of the chassis and buildup
The sump shall also be provided with a 1-inch NPT outlet for the back pump filler hose. #15..
- 698 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
73 Due to space constraints, it may be necessary to locate the main pump suction outlet in the tank sump for maximum water usage. The main pump suction tube will be of an adequate size to supply the main pump with enough water to meet pump ratings.

A minimum 3-inch direct tank fill NPT inlet and internal manifold shall be provided on the left rear of the tank.

If the direct tank fill inlet is located on the rear tank wall, the inlet manifold shall pass through the first baffle and feature a turn down to eliminate any possible damage to the tank or baffles while filling the tank.

WATER TANK DRAIN PROVISIONS
A 3" plugged drain provision shall be installed in the bottom of the water tank, sump, or plumbing for water tank draining and the flushing-out of debris.

CLASS A FOAM TANK SPECIFICATIONS
The Class A foam tank shall have a capacity of 20 gallons. The foam tank shall be manufactured by UPF and have a lifetime warranty.

The tank shall be equipped with a positive sealing pressure/vacuum vent type cap, a low foam concentrate sensor that turns off the foam pump at a pre-set level, a visual sight gauge, an easily accessible brass or stainless steel drain valve located at the lowest point of the foam tank and an accessible brass or stainless steel cleanable strainer installed in the supply line from the foam tank to the foam pump.

The foam tank shall be mounted on a removable sub-structure. The tank will have a positive tie down. The tie down will allow for easy removal of the foam tank.

The foam tank will have two (2) quarter turn brass or stainless shut off valves at the pump supply and fill lines to allow for the removal of the tank without loss of foam. The float switch harness and the foam concentrate supply and fill lines shall have connections located adjacent to the tank to facilitate foam tank removal.

FOAM TANK FILL AND VENTING PROVISIONS
The foam concentrate tank shall be provided with a fill pipe having a volume of not less than 2 percent of the total tank volume. The filler opening shall be capped with a sealed air-tight threaded cover. The fill opening shall be designed to incorporate a removable screen and shall be located so that foam concentrate from a five (5) gallon container can be dumped into the tank.

The foam tank filler shall be equipped with a pressure/vacuum vent that enables the tank to compensate for changes in pressure or vacuum when filling or withdrawing foam concentrate from the tank. The pressure/vacuum vent shall not allow atmospheric air to enter the foam tank except during operation or to compensate for thermal fluctuations. The vent shall be protected to prevent foam concentrate from escaping or directly contacting the vent at any time. The vent shall be of sufficient size to prevent tank damage during filling #15..
- 699 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
74 or foam withdrawal.

A color coded label or visible permanent marking that reads "CLASS A -- FOAM TANK FILL" shall be placed at or near the foam concentrate tank fill opening. An additional label shall be placed at or near any foam concentrate tank fill opening stating the type of foam concentrate the system is designed to use.

Any restrictions on the types of foam concentrate that can be used with the system shall also be stated, along with a warning message that states "WARNING: DO NOT MIX BRANDS AND TYPES OF FOAM." A 3/4" diameter connection, piping, and gate type valve shall be installed for the foam tank for draining purposes.

DIRECT TANK FILL - REAR DRIVERS SIDE
A valve for direct filling of the tank shall be supplied. The 1/4 turn valve shall be configured with 2-1/2" NH female threads, debris screen, threaded plug with retention chain and lever handle. The valve shall be located on the drivers side rear of the apparatus.

The specified valve shall have a direct actuated ‘local’ control Akron Model TSC valve handle.

One (1) chrome brass 2-1/2" NH rocker lug plug with a securing chain or cable shall be installed on the intake. (1) chrome plated brass 30 degree elbow with 2.5" swivel female NH x 2.5" male NH thread with rocker lugs shall be provided on the direct tank fill.

BACK PACK FILL SYSTEM
There shall be one (1) back pack fill system provided and installed on the lower area of the pump panel. The valve plumbing shall be 3/4" I.D. hose.
12 VOLT ELECTRICAL SPECIFICATIONS
The following describes the low voltage electrical system on the apparatus including all panels, electrical components, switches and relays, wiring harnesses and other electrical components. The apparatus manufacturer shall conform to the latest Federal DOT standards, current automotive electrical system standards, and the applicable requirements of the NFPA 1906.
#15..
- 700 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
75 Wiring shall be stranded copper or copper alloy conductors of a gauge rated to carry 125 percent of the maximum current for which the circuit is protected. Voltage drops shall not exceed 10 percent in all wiring from the power source to the using device. The wiring and wiring harness and insulation shall be in conformance to applicable SAE and NFPA standards. The wiring harness shall conform to SAE J-1128 with GXL temperature properties. Exposed wiring shall be run in a loom with a 290 degree Fahrenheit rating. Wiring looms shall be properly supported and attached to body members. Electrical conductors shall be constructed in accordance with applicable SAE standards, except when good engineering practice requires special construction.

All wiring connections and terminations shall provide positive mechanical and electrical connections and be installed in accordance with the device manufacturer's instructions. When wiring passes through metal panels, electrical connections shall be with mechanical type fasteners and rubber/plastic grommets.

Wiring between cab and body shall be split using Deutsch type connectors or enclosed in a terminal junction panel allowing body removal with minimal impact on the apparatus electrical system. Connections shall be insulated with heat shrink crimp-type tubing to resist moisture and foreign debris such as grease and road grime.

Weather resistant connectors shall be provided throughout the system.

Electrical junction or terminal boxes shall be weather resistant and located away from water spray conditions.

When required, automatic reset breakers and relays shall be housed in the main body junction panel.

There shall be no exposed electrical cabling, harnesses, or terminal connections located in compartments, unless enclosed in an electrical junction box or covered with a removable electrical panel. Wiring shall be secured in place and protected against heat, liquid contaminants and damage and shall be uniquely identified at least every six inches (6") by color coding or permanent marking with a circuit function code and identified on a reference chart or electrical wiring schematic per requirements of applicable NFPA 1906 standards.

Low voltage protective devices shall be provided for the electrical circuits. The devices shall be accessible and located in required terminal connection locations or weather resistant enclosures. Over current protection devices shall be automatic reset type suitable for electrical equipment and meet SAE standards. All electrical equipment, switches, relays, terminals, and connectors shall have a direct current rating of 125 percent of maximum current for which the circuit is protected. Electro-magnetic interference suppression shall be provided in the system as required in applicable SAE standards.

The electrical system shall include the following:

Electrical terminals in weather exposed areas shall have a non-conductive grease or spray applied. All terminal plugs located outside of the cab or body shall be treated with a corrosion preventative compound.

All electrical wiring shall be placed in a protective loom or be harnessed.

Exposed connections shall be protected by heat shrink material and sealed connectors. #15..
- 701 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
76 Large fender washers shall be used when fastening equipment to the underside of the cab roof and all holes made in the roof shall be caulked with silicone.

Electrical components installed in exposed areas shall be mounted in a manner that will not allow moisture to accumulate inside.

A service loop shall be provided behind an electrical appliance to allow them to be pulled away from mounting area for inspection and service work.

Upon completion of the vehicle and prior to delivery, the apparatus shall be electrically tested and the electrical testing, certifications, and test results shall be submitted with delivery documentation per requirements of NFPA 1906.

ELECTRICAL WIRING HARNESS
The electrical system shall be divided into separate harnesses. The individual harness shall be connected with Deutsch type quick connectors. The wiring and appliances shall be protected by automatic reset type circuit breakers.

REAR CENTER CONSOLE
There shall be a center console located between the rear bucket seats. The rear console shall feature a recessed top storage area with a single front drawer.

CUP HOLDER
The console shall have two (2) cup holders installed. Exact location to be determined at the preconstruction meeting.

The specified compartment(s) shall be coated with Hamlet Black colored Multi-Spec paint. 12 VOLT POWER SOURCE
There shall be two (2) 12 volt plug-in utility power connection(s) rated at 20 amps provided and installed in the cab console.

The specified power source shall be wired to the switched battery circuit.

USB CHARGING PORT
Two (2) USB charging port(s) shall be installed in the cab of the truck for the fire departments accessory devices. The USB charging port shall have two (2) USB connections and shall have a 5 volt, 4.8A output with Intelligent Device Recognition capabilities.
#15..
- 702 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
77 The specified power source shall be wired to the switched battery circuit.

CUSTOM FABRICATED CONSOLE
A custom fabricated electrical console and enclosure shall be located between the driver's and the officer's seating positions. The console shall feature an angled console lid that will be populated with havis style plates.

CONSOLE MAP BOX
There shall be a map box attached to the rear of the console. The map box shall be painted to match the console.

The specified compartment(s) shall be coated with Hamlet Black colored Multi-Spec paint. 12 VOLT POWER SOURCE
There shall be one (1) 12 volt plug-in utility power connection(s) rated at 20 amps provided and installed in the cab console.

The specified power source shall be wired to the switched battery circuit.

USB CHARGING PORT
One (1) USB charging port(s) shall be installed in the cab of the truck for the fire departments accessory devices. The USB charging port shall have two (2) USB connections and one USB-C connection.

The specified power source shall be wired to the switched battery circuit.

BATTERY SWITCH - MASTER DISCONNECT
A battery cutoff switch shall be provided in the cab within easy reach of the driver; by the chassis manufacturer.

The switch shall be rated for 300 amps.

BATTERY CHARGER
A Kussmaul Autocharge 1000 PLC, model #091-215-12, automatic battery charger shall be provided. The battery charger shall be wired to the 12 volt battery system. The unit shall be mounted in a clean, dry area accessible for service and/or maintenance. It shall be wired to the specified shore power receptacle. Included in the package is a Kussmaul Super 20 Auto Eject Deluxe with built in bar graph display. Mounting location shall be determined in pre-con
The specified auto eject cover shall be red.
#15..
- 703 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
78 IDENTIFICATION LIGHTS
All LED identification lights shall be installed on the vehicle as required by applicable highway regulations.

LICENSE PLATE MOUNTING AND LIGHT
A predrilled backing plate and LED light shall be installed on the rear for mounting of the license plate.

Stop, Tail, Turn Lights, Whelen M Series, Package

STOP AND TAIL LIGHTS
Two (2) Whelen Model #M62BTT, 4" x 6" LED stop and tail lights with red lenses shall be provided. The light shall be furnished with a optic polycarbonate lens for maximum light spread and furnished with a 6" wire pigtail.

TURN SIGNALS
Two (2) Whelen M62T light heads shall be installed on the apparatus. The light heads shall feature an amber lens with sequential chevron arrow, with multi flash pattern.

BACK-UP LIGHTS
Two (2) Whelen M-Series M62BU, 4" x 6" rear LED back-up lights shall be installed.

TAILLIGHT BEZELS
Two chrome (2) Whelen M Series housings shall be installed at the rear of the apparatus for four (4) Whelen M-Series stop-tail-turn-backup and warning lights.

ZONE C-- LOWER REAR WARNING LIGHTS
Two (2) Whelen M6 Series Model # M6RC warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology. The M6RC configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.

The lens/reflector assembly shall be sealed and resistant to water, moisture, dust, and other environmental conditions. The hard coated lens shall provide extended life/luster protection against UV and chemical stresses.

MAP LIGHT
#15..
- 704 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
79 One (1) Havis Shields #C-MAP-T-LED 12" LED map light, 12 volt, with a gooseneck arm an on-off switch located on the base of the light shall be installed on the dashboard.

FRONT BUMPER -- GROUND LIGHTS
There shall be two (2) Tecniq E10, LED ground light(s) installed under the front bumper.

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

CAB GROUND LIGHTS
There shall be four (4) Tecniq E10, LED ground lights installed under the cab door(s).

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

GROUND LIGHTS - PUMP PANEL
There shall be two (2) Tecniq E10, LED ground lights installed under the pump panel running board(s).

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

GROUND LIGHTS - UNDER REAR STEP
There shall be two (2) Tecniq E10, LED ground lights installed under the rear step area.

The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).

PIONEER MICRO
There shall be two (2) Whelen Pioneer Micro lights provided and installed on the apparatus.

The lights shall be located:
· Two located under the middle steps on the back of the apparatus. They shall be operated by the "Rear Scene" switch located on the Whelen siren controller

PIONEER FLOOD/SPOT SURFACE MOUNT LIGHTHEAD
#15..
- 705 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
80 Six (6) Whelen Pioneer Plus™ Model # PCPSM1C shall be provided and installed on the apparatus. The light head shall have a chrome housing.

The scene lights shall be activated by individual buttons or switches on the cab center console. Left, right, and rear scene light controls.

WHELEN SCENE LIGHT
One (1) Whelen, Pioneer Summit 30" light bar shall be provided and installed in the center cutout in the front bumper.

The lightbar light shall be activated by an individual button or switch on the cab center console.

DOOR OPEN WARNING LIGHT
The door ajar warning system shall be separated into four zones, a Front, Left, Right, and Rear zone. Each zone shall have an individually labeled warning light and also activate an audible alarm. The door ajar lights and audible alarm shall activate only when the apparatus parking brake has been released.

RADIO ANTENNA INSTALLATION
There shall be four (4) radio antenna installed on the apparatus and routed to the cab center console.

BACK UP ALARM
One (1) solid state back up alarm shall be provided at the rear of the apparatus. The back up alarm shall be wired to the reverse circuit of the transmission, and shall provide an audible alarm to the rear of the apparatus when reverse gear is selected. The alarm shall have a volume of 87 to 112 db while in operation.

HEADLIGHT FLASHER
The headlights shall be set to alternate flash (Wig-Wag).

The wig wag shall be triggered by the siren controller slide switch position 3.

ELECTRONIC SIREN
A Whelen CenCom Core C399 electric siren and lighting control module shall be installed.

WHELEN CORE CONTROL HEAD
#15..
- 706 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
81 There shall be a Whelen model CCTL6 control head supplied with the Cencom Core system. It features a 3 section control head, with 8 push buttons, 4- position slide switch with a 7 position rotary knob. A manual siren and air horn button, and 3 traffic advisor control buttons.

WHELEN CORE WECANX TRAFFIC ADVISOR MODULE
There shall be a Whelen model CTA Traffic Advisor module interfaced with the Cencom Core system.

SIREN SPEAKER
One (1) Whelen Model #SA315P siren speaker shall be provided. The 100 watt siren speaker shall be designed in a black nylon composite housing with 123 decibel rating.

ZONE A FRONT UPPER -- LIGHTBAR
One (1) Whelen Model # TB0DDDD Cenator series WeCanx light bar shall be installed on the apparatus. The lightbar shall feature the following:
· Eight forward facing RED/WHT LIN6 lights
· Two forward facing LED take down lights.
· A left and right facing LED take down light.
· Two rear facing LED take down lights.
· Four corner RED/WHT LIN6 lights.
· Two rear facing amberLIN6 lights.

ZONE A -- LOWER FRONT WARNING LIGHTS
Two (2) Whelen M6 Series Model # M6D warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology.

The M6D light shall include a split design including red and white LEDs, with a clear lens.

The specified Whelen M6 lights shall be equipped with chrome plastic flange type light bezel mountings.

ZONE A -- LOWER FRONT WARNING LIGHTS
Two (2) Whelen ION series lights, model TLIR shall provided. The light head shall have red LEDs.

ZONE B AND D-- FRONT INTERSECTION
#15..
- 707 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
82 Two (2) Whelen M6 Series Model # M6RC warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology. The M6RC configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.

The specified Whelen M6 lights shall be equipped with chrome plastic flange type light bezel mountings.

ZONE B AND D LOWER MID-BODY WARNING LIGHTS
Two (2) Whelen M6 Series Model # M6RC warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology. The M6RC configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.

The specified Whelen M6 lights shall be equipped with chrome plastic flange type light bezel mountings.

ZONE B AND D-- UPPER SIDE REAR WARNING LIGHTS
Two (2) Whelen M6 Series Model # M6RC warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology. The M6RC configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.

The specified Whelen M6 lights shall be equipped with chrome plastic flange type light bezel mountings.

ZONE C UPPER REAR
Two (2) Whelen M6 Series Model # M6RC warning light shall be provided. The warning light shall incorporate Linear Super-LED® and Smart LED® technology. The M6RC configuration shall consist of 18 red Super-LEDs and a clear optic polycarbonate lens.

The specified Whelen M6 lights shall be equipped with chrome plastic flange type light bezel mountings. #15..
- 708 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
83 REAR TRAFFIC ADVISOR, EIGHT (8) L.E.D. LAMPS
A Whelen TAZ86 eight lamp LINZ6 Super-LED Traffic Advisor with all amber lights shall be provided and mounted at the rear of the body. The solid state traffic advisor shall include model TACTL5 control head, or it can be directly connected to a Whelen CenCon Siren Head Controller.

PAINT CODES/COLORS
The apparatus shall be painted Candy Apple Red.

BODY PAINTING SPECIFICATIONS
All exposed surfaces shall be prepared and painted using a multi-step process to ensure a blemish-free, protective coating for the base metal materials.

All removable items, such as brackets and compartment doors, shall be removed and painted separately to insure finish paint behind them after they are reinstalled.

Due to its modular design, the apparatus body shall be completely finish painted prior to its installation on the chassis.

The body shall be sanded, and cleaned. Any imperfections or defects in the metal shall be corrected with premium body filler and then sanded smooth.

An epoxy primer shall be utilized on all painted and coated surfaces and shall prepare the metal for the final paint. The direct-to-metal primer shall be used to create a first level seal allowing secure adhesion between the base metal and the subsequent substrates.

All body and components shall then be primed, thoroughly sanded, and meticulously inspected for any imperfections; which shall be properly corrected..

All surfaces shall then be painted with a base coat of premium paint following the guidelines as established by the paint manufacturer. The body shall be painted using a single color to match the cab primary color, and then shall be buffed to a high gloss finish.

INTERIOR COMPARTMENT FINISH
The interior wall, floor and ceiling surfaces of compartments shall be finished with Rust-Oleum brand Multispec color flecked paint. The final color combination shall be determined in pre-con.

The specified compartment(s) shall be coated with Hamlet Black colored Multi-Spec paint. #15..
- 709 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
84 TOUCH-UP PAINT
Touch-up paint shall be furnished with the completed truck at final delivery.

VALVE PAINTING
All exposed valves shall be painted to match the color of the exterior body.

STRIPING PACKAGE- GOLD
· Chevron
· Printed or Diamond Grade
· Entire Rear
· Up to 4 Colors
· Stripe
· 6” or Larger
· Up to 4 Colors - Real Gold Included
· Custom Design
· Identifiers
· Up to 8 Locations
· Up to 4 Colors - Real Gold Included
· Roof 18” Included
· Door Decals
· Up to 5
· Installed
· Unlimited colors

EXTENSION LADDER
One (1) Duo-Safety, 20 foot, three-section aluminum extension ladder shall be provided on the apparatus. The ladder shall meet or exceed latest NFPA standards.
#15..
- 710 -
Doug Rice
BME Fire Trucks, LLC
10053-0002 05/28/24
85 SUCTION HOSE

SUCTION HOSE
One (1) 4” x 7 foot lengths of Kochek PVC flexible suction hose shall be provided and equipped with lightweight couplings.

SUCTION HOSE
Two (2) 4” x 8 foot lengths of Kochek PVC flexible suction hose shall be provided and equipped with lightweight couplings.

STRAINER
One (1) Kochek Model BS40C barrel strainer shall be provided on the apparatus. The strainer shall be constructed from aluminum with K-Chrome finish and shall include a tie off loop on the end plate. The strainer shall be equipped with a 4" NH female rocker lug coupling.

WHEEL CHOCKS
Two (2) Worden brand, Model #HWC-7WH wheel chocks shall be provided. 5# DRY CHEMICAL FIRE EXTINGUISHER
One (1) 5# ABC dry chemical fire extinguisher and mounting bracket shall be provided on the apparatus. The extinguisher shall have a pressure gauge and shall be filled with a dry chemical extinguishing agent.

HYDRAULIC JACK
One (1) hydraulic jack shall be provided. The jack shall be designed for lifting capacity of twelve (12) tons.

LUG WRENCH
There shall be one (1) lug wrench provided and shipped loose with the completed apparatus.

REFLECTOR
A set of three (3) triangular reflectors shall be provided. #15..
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JROGHQVWDWHĆUHFRP

PRODUCT

WARRANTIES
Exhibit “C”
4 #15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342

STANDARD WARRANTY
BASIC COVERAGE: BME Fire Trucks LLC. warrants each new piece of Fire and Rescue Apparatus to be free from defects in material and workmanship under normal use and service and will at it’s option repair or replace any part of this vehicle which proves defective in material and/or workmanship with new or re-newed parts for the first 12 months from new vehicle delivery date. This warranty shall not apply to any new product, which has been subjected to misuse, neglect, modification, alteration, accident, and lack of normal maintenance or items used in routine maintenance.

COMPONENT COVERAGE: Certain components are given additional warranty coverage of variable time periods and distance traveled limitations. Component examples are frame rails, chassis cab components, engines, transmissions, driveline systems, water tank, etc. and are warranted by their respective manufacturers. Extended warranties are also available on many other specified chassis and body components and can be purchased as needed with the vehicle. Additional warranty coverage and extended warranties will vary depending on components specified and supplied. You may obtain more information regarding additional and extended coverage by contacting BME Fire Trucks LLC. or your local Boise Mobile Equipment Dealer.

DISCLAIMER: NO WARRANTIES ARE GIVEN BEYOND THOSE DESCRIBED HEREIN. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS

WARRANTIES OF MERCHANTABILLITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OTHER REPRESENTATIONS TO THE USER/PURCHASER, AND ALL OTHER OBLIGATIONS OR LIABILITIES.

THE COMPANY FURTHER EXCLUDES LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, ON THE PART OF THE COMPANY OR SELLER. No person is authorized to give any other warranties or to assume any liabilities on the Company’s behalf unless made or assumed in writing by the seller; and no other person is authorized to give any warranties or to assume any liabilities on the seller’s behalf unless made or assumed in writing by the seller.

OBTAINING SERVICE: Return the vehicle to any BME Fire Trucks LLC. dealer/authorized service center; return the vehicle to BME Fire Trucks LLC.; or contact BME Fire Trucks LLC. When contacted, BME Fire Trucks LLC. will authorize repair or replacement of parts as outlined above; will authorize a return #15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342
of parts for inspection/repair or replacement if required; will direct you to the nearest Boise Mobile Equipment authorized service center if necessary.

#15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342
10-YEAR BODY STRUCTURE WARRANTY

BODY STRUCTURAL WARRANTY
BME Fire Trucks LLC. (hereafter known as BME) warrants the fire body shall be free of structural or design failure or workmanship for a period of ten (10) years from the date the apparatus is put into service by the end user. This warranty is extended to the original purchaser only and terminates upon transfer of ownership or possession to any other entity.

A body is defined as the structure, which fabricated from steel, stainless steel or aluminum sheet metal and the associated framework that comprises fire body separate of the chassis cab area where the driver, passengers and controls are located. This warranty is strictly limited to that part of the body manufactured by BME and as defined above, exclusive of all hardware, purchased components, mechanical items, electrical items, or paintwork.

This warranty is expressly limited to the repair and/or replacement of defective items as BME may elect upon examination of any defects in material or workmanship. This warranty covers only labor for repair or replacement, which is reasonably necessary as determined by BME. All repairs must be expressly approved in writing by the BME warranty department prior to any work being performed. The failure to obtain approval for repairs from BME or to have the body repaired or replaced at BME or a place designated by BME shall void this warranty. Any repair or replacement performed by BME pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty.

BME's obligation to render any repairs under this warranty is subject to the following conditions in their entirety:

1. The claimed failure must be reported to BME, Inc within the above stated warranty period.

2. The claimed defective body must be returned to BME or an authorized BME warranty service center immediately after notification of BME. Transportation costs will be the responsibility of the purchaser, as will any charges for drivers, loading, unloading, or other costs associated with the transportation of the chassis.

3. BME will then have the unconditional right to examine the body to determine if the claimed defect falls within the scope of this warranty. #15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342
This warranty shall not cover the following:

1. Damage caused by fire, misuse, neglect, or accident.

2. Damage caused by theft, vandalism, riot, or explosion.

3. Damage caused by acts of God such as lightning, flood, hurricane, etc.

4. Damage that may or may not, at BME's discretion, be caused by or associated with unauthorized repairs of modifications.

5. Damage that may or may not, at BME's discretion, be caused by or associated with lack or improper maintenance procedures.

6. Loss of time, loss of use of the chassis, inconvenience, lodging, food, or other consequential loss that may result from the claimed failure of the repair and claim procedure.

This warranty is expressly in lieu of all other warranties, expressed or implied. #15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342

STAINLESS STEEL & BRASS PLUMBING WARRANTY

BASIC COVERAGE: BME Fire Trucks LLC. warrants to the original purchaser that the stainless-steel plumbing components and ancillary brass fittings used in the construction of the water/foam plumbing system are structurally sound, free of structural defects in design, material and workmanship and will not fail due to perforation caused by corrosion. BME Fire Trucks LLC. will at its option repair or replace any portion of the plumbing system, covered under this warranty, that proves to be defective in design, material and/or workmanship for a period of ten (10) years from the date the apparatus is first placed in service.

NOT COVERED: This warranty shall not apply to any new apparatus that has been subjected to misuse, neglect, overloading, remounting, modification, alteration, accident, or lack of normal maintenance practices. The plumbing warranty shall terminate upon transfer of possession or ownership by original purchaser.

DISCLAIMER: NO WARRANTIES ARE GIVEN BEYOND THOSE DESCRIBED HEREIN. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OTHER REPRESENTATIONS TO THE USER/PURCHASER AND ALL OTHER OBLIGATIONS OR LIABILITIES.

FURTHER, THE COMPANY EXCLUDES LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES, ON THE PART OF THE COMPANY OR SELLER. No person is authorized to give any other warranties or to assume any liabilities on the Company’s behalf unless made or assumed in writing by the seller; and no other person is authorized to give any warranties or to assume any liabilities on the seller’s behalf unless made or assumed in writing by the seller.

OBTAINING SERVICE: Return the vehicle to any BME Fire Trucks LLC. dealer/authorized service center or contact BME Fire Trucks LLC. BME Fire Trucks LLC. shall be solely responsible for determining the extent of repair under the terms of the warranty. Transportation costs shall be the responsibility of the purchaser.
#15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342

PAINT WARRANTY
BASIC PAINT COVERAGE:

BME Fire Trucks LLC. PPG Paint Company warrants to the original purchaser the paint finish applied to each new piece of Fire and Rescue Apparatus to be free from defects in material and workmanship under normal use and service and will at its option repair or replace the paint of the damaged area. The warranty coverage shall be for a period of seven (7) years from the new vehicle delivery date. This warranty shall not apply to any new apparatus that has been subjected to misuse, neglect, modification, alteration, accident, and lack of normal maintenance practices.

SPECIFIC COVERAGE:

The paint finish applied to the BME Fire Apparatus is guaranteed to the original purchaser for a period of seven (7) years against the following:
• Peeling or delaminating of the topcoat and/or other layers of paint • Cracking or checking
• Loss of gloss caused by cracking, checking, or chalking • Any paint failure caused by defective paint materials covered by this guarantee EXCLUSIONS:

A paint failure resulting from any of the following conditions is excluded from coverage:
• Paint deterioration caused by bubbles, blisters, or other film degradation due to rust or corrosion originating from the substrate
• Corrosion due to design/engineering (i.e., electrolysis dissimilar metals) • Hazing, chalking or loss of gloss caused by improper care, abrasive polishes, cleaning agents, or heavy-duty pressure washing
• Paint deterioration caused by abuse, accidents, acid rain, chemical fallout, or other acts of nature
• Accidents, scratches, chips, or stone bruises due to normal vehicle use • Repairs done over previously refinished areas unless stripped to bare metal • Claims presented without proper guarantee documentation #15..
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WE ARE WILDLAND
www.bmefire.com | 800.445.8342
OBTAINING SERVICE:

Return the vehicle to any BME Fire Trucks LLC. dealer/authorized service center or contact BME Fire Trucks LLC. When contacted, BME Fire Trucks LLC. will authorize and will direct you to the nearest authorized paint repair facility if necessary.
#15..
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JROGHQVWDWHĆUHFRP

DEALER SUPPLIED

PRODUCTS SERVICES
Exhibit “D”
5 AND
/OR
#15..
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1 DEALER SUPPLIED EQUIPMENT and/or SERVICES
The following items and/or services will be provided “per unit” (unless otherwise specified) by Golden State Fire Apparatus Inc. (GSFA):

LICENSED MANUFACTURER
The State of California Vehicle Code, section 11701 requires “every manufacturer of a vehicle subject to registration shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. The manufacturer has a current license at the time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

LICENSED DEALERSHIP
The State of California Vehicle Code, section 11701 requires a “dealer in vehicles of a type subject to registration, shall make application to the Department of Motor Vehicles (DMV) for a license containing a general distinguishing number”. Golden State Fire Apparatus, Inc. has a current license at time of bid as outlined above and is available upon request. Temporary licenses are not acceptable.

LICENSED SALES REPRESENTATIVE
The State of California Vehicle Code, section 11800 requires that it shall be “unlawful for any person to function as a vehicle salesperson without having first procured a license issued by the Department of Motor Vehicles (DMV)”. The representative has a current vehicle salesperson’s license at the time of proposal and shall provide a copy upon request. Temporary licenses are not acceptable.

WEEKLY PROGRESS REPORTS
GSFA will provide weekly progress reports including photographs of the apparatus or the major components as they are being constructed. The reports will commence at the start of the manufacturing process and will continue through production by the manufacturer. The reports will show the progress of the apparatus through the course of each week. Special attention will be given to the unique features and aspects of the apparatus as construction progresses.

VEHICLE REGISTRATION
The State of California Vehicle Code section 11739 requires that the “dealer of a new motor vehicle sale is responsible for applying for the title, securing vehicle registration, and obtaining license plates for the Customer” through the Department of Motor Vehicles (DMV). Golden State Fire Apparatus, Inc. is a factory-authorized dealer of the vehicle being sold and is authorized to register with the State of California as a new vehicle manufacturer.

GSFA will make all necessary applications and complete all transfer papers, including applying for California Exempt “E” license plates.

FINAL INSPECTION, FACTORY TRIP
A final inspection trip to the manufacturing facility will be provided for three (3) Customer representative(s). The intent of this trip is to ensure that the apparatus is built to specification and to detect any deficiencies that require correction. The final inspection trip will have a duration of three (3) days and two (2) nights and be scheduled at times mutually agreed upon between GSFA and the Customer. Costs for airfare, lodging, meals, and ground transportation while at the manufacturer’s location will be the responsibility of GSFA. Air travel will be from the Fresno airport.
#15..
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2 Costs such as Customer ground transportation in California, Customer airport parking, Customer luggage fees and Customer incidentals while traveling to the factory will be the responsibility of the Customer. Flight reservations are non-refundable and in the event of a cancellation after booking, the Customer will be responsible for all costs associated with this cancellation, which may include not only the original ticket cost but also any change or cancellation fees imposed by the airline and/ or travel agency. Flight reservations are also nontransferable.

DELIVERY TO AUTHORIZED SERVICE FACILITY
GSFA will, at their expense, deliver the apparatus (including any applicable equipment, spare parts, and supplies) to their Northern California facility in Sacramento for a dealer preparation inspection.

To ensure proper break-in of all components while still under warranty, the apparatus shall be delivered under its own power - rail or truck freight shall not be acceptable.

PRE-DELIVERY SERVICE
After transportation from the factory and prior to delivery, the apparatus will receive a predelivery service to confirm proper operation and correction of any issues found as a result of said inspection. The Golden State Fire Apparatus, Inc. pre-delivery service consists of the following:
• Engine Compartment and Undercarriage – Check for any broken mounting brackets and inspect for correct capacities of the following (if applicable): engine oil, coolant, power steering fluid, washer reservoir fluid, transmission fluid, rear end fluid, pump transmission oil, and primer oil.
• Interior – Operate all doors, windows, and locks for proper adjustment. Check upholstery.
• Exterior – Repair reasonable paint scratches or chips. Tighten any loose hardware and inspect tires and wheels for proper pressure and lug torquing. • Road Test – With the water tank (if applicable) full, the apparatus will be driven approximately twenty miles which allows the drive train components to get up to operating temperature. Road test will be on both city and highway roads. A DOT compliant brake test will be conducted to ensure the system is holding air. The brake condition and wheel seals will also be inspected.
• Electrical - Operate all lights, sirens, and other electrical accessories to verify operation. • Pump - If applicable, vacuum test the pump to hold for 15 minutes. After vacuum test, operate the relief valve, transfer valve and check pump shift. Check water tank for leaks and inspect water level gauge for calibration. With discharge caps loose, rapid test all individual gauges and main gauges for calibration. Lubricate valve rods. • Foam System – If applicable, tighten caps and connect foam lines. Test selector, valves, metering valve and operation of foam system (including flush). • Fuel Tank - Fuel tank will be filled at the dealership location prior to final delivery. #15..
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3 • DEF Tank - DEF tank will be filled at the dealership location prior to final delivery. • Wash - The apparatus will be thoroughly washed at the dealership location prior to final delivery.

FINAL DELIVERY (CUSTOMER LOCATION)
GSFA will, at their expense, deliver the Product (including any applicable equipment, spare parts, and supplies) to the Customer specified address once completed. Prior to delivery of the Product, Customer agrees to provide proof of liability and physical damage insurance to GSFA. GSFA will not release the Product to the Customer until such proof of insurance is provided.

It is the responsibility of the Customer to have any outstanding balance due, paid in full to GSFA, prior to or at the time that the Product is complete and ready to deliver. If payment is late or delivery is delayed pending payment, a daily finance charge of $150.00 and a daily storage fee of $50.00 may apply until such payment is received.

Due to insurance liability, the Product will not be delivered without full acceptance and full payment (or prior written agreement between the Customer and GSFA).

END OF EXHIBIT “D”
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 13, 2024
Date: July 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: First Amendment to Legal Services Agreement with Oppenheimer Investigations Group, LLC
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving a First Amendment to the Legal Services Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to conduct Citywide Administrative Investigations increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

For the above-mentioned reasons, the City utilizes the services of outside professionals to assist and conduct administrative investigations.
#16..
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City Council, August 13, 2024
First Amendment to Legal Services Agreement with Oppenheimer Investigations Group, LLC

Page 2 of 2 ends

DISCUSSION:

In 2022, the Human Resources Department issued a Request for Proposals (RFP) for investigative services, in which Oppenheimer Investigations Group, LLP, Oakland, CA was selected. On September 13, 2022, by Resolution No. 2022-376, Council approved a Legal Services agreement with Oppenheimer Investigations Group in an amount not to exceed $100,000 with a termination date of September 11, 2024. It is requested that this agreement be amended to include an additional $40,000 for continued services due to on-going City needs.

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. However, exceptions to the formal bidding process are granted in MMC 8-3.204 “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
Staff recommends approving the First Amendment to the Legal Services Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to complete ongoing matters in a total agreement amount not to exceed $140,000.

FISCAL IMPACT:

The total cost of this agreement will not exceed $140,000 for all services performed during the term of the agreement. All services will be paid by the department of the subject employee or subject department being investigated within the departments current operating budget.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 24, 2024, and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to complete ongoing important specific matters, increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000 and authorizing the City Manager, or his designee to execute the Amendment.

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution Oppenheimer First Amendment 2024

2. Oppenheimer Executed Legal Services Agreement

3. Oppenheimer Legal Services Agreement First Amendment #16..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE

AGREEMENT WITH OPPENHEIMER INVESTIGATIONS GROUP, LLP,

OAKLAND, CA TO COMPLETE ONGOING IMPORTANT SPECIFIC
MATTERS, INCREASING THE AGREEMENT AMOUNT BY $40,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $140,000 AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, in 2022, the Human Resources Department issued a Request for Proposals (RFP) for investigative services, in which Oppenheimer Investigations Group, LLP, Oakland, CA was selected; and
WHEREAS, on September 13, 2022, by Resolution No. 2022-376, Council approved a Legal Services agreement with Oppenheimer Investigations Group in an amount not to exceed $100,000 with a termination date of September 11, 2024; and WHEREAS, exceptions to the formal bidding processes are granted in Modesto Municipal Code Section 8-3.204 “[w]here the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”; and
WHEREAS, it is requested that this agreement be amended to include an additional $40,000 for continued services due to on-going City needs.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the agreement with Oppenheimer Investigations Group, LLP, Oakland, CA to complete ongoing important specific matters, increasing the agreement amount by $40,000 to a new total amount not to exceed #16..
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$140,000.

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

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 13th day of August 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ___________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 1 LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the ___ day of September 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and OPPENHEIMER INVESTIGATIONS GROUP LLP, (“Attorney”), located at 1442 A Walnut Street, #234, Berkeley, California 94709. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

RECITALS
WHEREAS, City desires to obtain Attorney’s services for legal advice, representation and assistance on matters involving personnel and administrative investigations; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.

NOW, THEREFORE it is hereby agreed as follows:

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

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

DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D 13th
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 2 2. Fees and Costs.
a. Hourly Rates:

See attached Labor rates.

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

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

Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 3 of Attorney’s invoice, generally within sixty (60) days of receipt.

Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City. vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
(4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 4 conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, including such things as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of ten percent (10%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, Should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.

DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 5

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

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

DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 6 b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.

Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 7 addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein.

6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 8 staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above.

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

7. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 9 profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agrees to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

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

DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 10 iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors.
b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 11 services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters performed by Attorney under this Agreement.

DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 12 j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Modesto: To: Attorney:

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

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

10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 13 to bind Attorney to the performance of its obligations hereunder.

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

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:__________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Christina D. Alger, Director of Human Resources
[Signatures Continued on Next Page.]
DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D 9/23/2022
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 14 ATTORNEY:

AMY OPPENHEIMER
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D Managing Partner
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Legal Services Agreement
City of Modesto and Oppenheimer Investigations Group, LLP 15

EXHIBIT A
Oppenheimer Response to RFP
DocuSign Envelope ID: B395BA4F-9DE6-4391-A116-5330B4B8FF9D #16..
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on ___ day of August 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and OPPENHEIMER INVESTIGATIONS GROUP LLP, (“Attorney”), located at 1300 Clay Street, Suite 600, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide legal advice, representation and assistance to City on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $100,000 to $140,000.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and OPPENHEIMER INVESTIGATIONS GROUP LLP dated September 13, 2022 and approved by Resolution No. 2022-376, is amended as follows:

1. Section 2(a) of Paragraph 2, “Fees and Costs,” is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of one hundred and forty thousand dollars ($140,000).”

2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated September 13, 2022, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
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3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

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

CITY OF MODESTO,
A Municipal Corporation
By:

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

OPPENHEIMER INVESTIGATIONS GROUP LLP
___________________________________
Federal I.D. No.

State I.D. No.
___________________________________
City of Modesto Business Op. Tax Cert. No.

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

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 13, 2024
Date: July 24, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Administrative Investigative Services CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Additionally, the investigator must conduct interviews and conclude investigations in a timely manner and in compliance with various legal requirements while navigating through highly sensitive issues that may lead to post-investigation legal implications.

For the above-mentioned reasons, the City utilizes the services of outside professionals to assist and conduct administrative investigations.
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City Council, August 13, 2024
Agreements for Administrative Investigative Services

Page 2 of 3 ends

DISCUSSION:

On March 14, 2024, the Human Resources Department issued Request for Proposal (RFP) INF 24-21 for Investigative 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.

Twenty-three (23) companies downloaded the RFP document from PlanetBids.

On April 3, 2024, proposals were received and opened via email. Eleven (11) bidders chose to respond. An evaluation committee comprised of two (2) City staff members, which included the Director of Human Resources and the Human Resources Employee Relations Coordinator, evaluated the proposals. The evaluation was based on the ability to address all RFP Requirements, Qualifications, References and Costs.

Staff recommends approving Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA to conduct citywide Administrative Investigations on an as needed basis and Consultant Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA for conducting citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years. Having various firms will make available specific talent needed to address the different investigative issues that arise.

In accordance with Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services follow the Formal Bidding Requirements. Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for Administrative Investigations conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services. Additionally, staff received eleven (11) proposals and evaluated them based on their ability to address all the RFP Requirements, Qualifications, References and Cost.

FISCAL IMPACT:

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

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 24, 2024, and the Committee recommended that the item be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative 191800- Consulting Services, 91806-Administrative Consulting, 91858-Governmental Consulting, 91868-Human Relations Consulting, 96130-Employment Agency And Search Firm Services (Including Background Investigations And Drug Testing for Employment)
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City Council, August 13, 2024
Agreements for Administrative Investigative Services

Page 3 of 3 ends

Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager or his designee to execute the Agreements.

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution Investigative Services

2. Legal Services Agreement – Renne Public Law

3. Legal Services Agreement – Oppenheimer Investigations Group LLP

4. Consultant Services Agreement – Municipal Resource Group

5. Consultant Services Agreement – DigiStream

6. Legal Services Agreement – Liebert Cassidy Whitmore

7. Exhibit A - Renne Public Law Proposal

8. Exhibit B - Oppenheimer Investigations Group LLP Proposal

9. Exhibit C - Municipal Resource Group Proposal

10. Exhibit D - DigiStream Proposal

11. Exhibit E - Liebert Cassidy Whitmore Proposal
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION APPROVING THE LEGAL SERVICES AGREEMENTS WITH RENNE PUBLIC LAW GROUP, SAN FRANCISCO, CA; OPPENHEIMER
INVESTIGATIONS GROUP LLP, OAKLAND, CA; AND LIEBERT CASSIDY WHITMORE, FRESNO, CA; AND CONSULTANT SERVICES AGREEMENTS

WITH MUNICIPAL RESOURCE GROUP, LLC, WILTON, CA AND

DIGISTREAM, SACRAMENTO, CA TO CONDUCT CITYWIDE

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

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE

THE AGREEMENTS
WHEREAS, the City conducts internal and external administrative investigations into possible employee misconduct that may lead to discipline, and WHEREAS, the City has utilized the services of outside agencies to conduct some of their administrative investigations, and
WHEREAS, the City Manager authorized Human Resources Department to issue a Request for Proposals (RFP) for Investigative Services, and WHEREAS, on March 14, 2024, the Human Resources Department issued RFP INF 24-21 for Investigative Services on the City’s PlanetBids public bidding website under various commodity codes. Prospective bidders were notified online and via email of the bid opportunity. Eleven (11) companies downloaded the RFP document from PlanetBids, and
WHEREAS, following the request, proposals were received and opened via email. Eleven (11) companies provided responsive and responsible proposals to conduct investigative services, and
WHEREAS, an evaluation committee comprised of two (2) City staff members which included the Director of Human Resources and the Human Resources Employee #17..
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Relations Coordinator evaluated the proposals. The evaluation was based on the ability to address all RFP Requirements, Qualifications, References and Costs, and WHEREAS, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for Legal Services Agreements to Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Agreements to Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA; and
WHEREAS, the approval for Administrative Investigations conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Modesto hereby approves Legal Services Agreements for conducting Citywide Administrative Investigations on an as-needed basis with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore , Fresno, CA and Consultant Agreements with Municipal Resource Group, LLC, Wilton, CA; and DigiStream, Sacramento, CA for a two year agreement at the sole discretion of the City, for total not to exceed cost of $100,000 each.

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

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ___________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Legal Services Agreement
City of Modesto and Renne Public Law Group 1

LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the 13th day of August 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and RENNE PUBLIC LAW GROUP, (“Attorney”), located at 350 Sansome Street, Suite 300, San Francisco, CA 94104. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

NOW, THEREFORE it is hereby agreed as follows:

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

Conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, background investigations, undercover investigations, people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures for Personnel and Administrative Investigations
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date, and shall continue for a two-year term to August 13, 2026 unless sooner terminated as #17..
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Legal Services Agreement
City of Modesto and Renne Public Law Group 2
provided in Section 7.

2. Fees and Costs.
a. Hourly Rates:

See attached Labor rates.

The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed an amount of one hundred thousand dollars ($100,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.67 per mile. Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.
c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised. Bills shall be submitted to:

Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
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Legal Services Agreement
City of Modesto and Renne Public Law Group 3
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt.

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

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

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

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

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

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

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

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

If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.” ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition #17..
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precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Linda Ross
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
350 Sansome St., Suite 300
San Francisco, CA 94104
Phone: (415) 848-7200

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

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

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:__________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:

RENNE PUBLIC LAW GROUP
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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EXHIBIT A
Renne Public Law Group Response to RFP
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LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the 13th day of August 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and OPPENHEIMER INVESTIGATIONS GROUP LLP, (“Attorney”), located at 1300 Clay Street, Suite 600, Oakland, CA 94612 City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

RECITALS
WHEREAS, City desires to obtain Attorney’s services for assistance on matters involving personnel and administrative investigations; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.

NOW, THEREFORE it is hereby agreed as follows:

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

Attorney shall perform legal services for the specific and limited purpose of performing duties as licensed California attorneys at law, utilizing its skill, training, and professional judgment in employment law, to conduct independent, impartial, and objective investigations of City employee(s). Attorney’s role as independent attorney investigator is to gather facts from interviews. Interviews will be conducted in-person or remotely as requested by the City. Attorney will also provide factual reports so that the City can determine whether additional action is needed.

This specific and limited scope engagement consists only of conducting the activities described in this section and preparing written reports, and if necessary, testifying in deposition, arbitration, or court. Attorney will not be acting in the role of an “advocate” attorney for the City. Rather, the City (and its outside legal counsel, as needed) are responsible for providing the legal analysis and advice necessary to respond to any findings in the report. Post-investigation legal advice concerning investigations, the factual findings, recommendations concerning #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 2 potential corrective action; or related administrative or legal proceedings, are outside the scope of this specific and limited scope engagement.

In the event any person involved in these matters pursues further remedies, or if Attorney must respond to subpoenas or discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the services performed for the City, the City will pay fees at the current hourly rate of the attorney involved for any time spent responding to the subpoena or discovery, or acting as a witness in deposition, court, administrative, or other proceedings, irrespective of who may call Attorney as a witness, including preparation time.

The City will also represent Attorney in the proceedings or provide Attorney with an attorney of the City’s choosing.

Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date, and shall continue for a two-year term to August 13, 2026 unless sooner terminated as provided in Section 7.

2. Fees and Costs.
a. Hourly Rates:

See attached Labor rates.

The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed an amount of one hundred thousand dollars ($100,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.67 per mile. Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 3 consultants or experts directly.
c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised. Bills shall be submitted to:

Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt.

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

4. City Representative. The City Attorney, or the City Attorney’s designee, shall be the #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 6 “City Representative” under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative’s designee.

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

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

6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above. #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 9 The provisions of this section shall survive any expiration or termination of this Agreement.

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

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

8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Attorney’s employees or by any third party, #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 10 including but not limited to any state or federal agency, that an employeremployee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors.
b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 11 in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters performed by Attorney under this Agreement.

If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 12 hereinafter collectively referred to as the “Regulations.” ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed #17..
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City of Modesto and Oppenheimer Investigations Group, LLP 13 communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.

To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Vida Thomas
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
1300 Clay Street, Suite 600
Oakland, CA 94612
Phone: (510) 393-4212

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

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

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:__________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
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City of Modesto and Oppenheimer Investigations Group, LLP 14 ____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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City of Modesto and Oppenheimer Investigations Group, LLP 15 ATTORNEY:

OPPENHEIMER INVESTIGATIONS GROUP LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

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

EXHIBIT A
Oppenheimer Response to RFP
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT for investigative services (“Agreement”), is made and entered into in the City of Modesto, State of California, this 13th day of August, 2024 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Municipal Resource Group, LLC (MRG), a California Limited Liability Company, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

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

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.
#17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx a. This Agreement is effective as of the Effective Date and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant ending no later than August 13, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “A” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed. #17..
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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.

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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, reused, or otherwise disposed of by City as it may require #17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

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

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

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person #17..
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having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx 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 shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement.

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

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

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #17..
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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.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx FOR Consultant: Name: Mary Egan, CEO
Address: P.O. Box 561
Wilton, CA 95693
Phone: (916) 261-7547
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95354
Attention: Carmen Vargas
Phone: (209) 577-5409
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City via PINS Advantage Insurance Program, for all of the following stated insurance policies.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #17..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a 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, #17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Convenience
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.

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

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

Post-Termination Procedures
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
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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. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to #17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx 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.

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.

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 #17..
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out of any act or omission of Consultant whether or not the act or omission arises from the sole negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement.

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

18. DISPUTE RESOLUTION.

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

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 #17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx 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.

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

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

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

19. ENTIRE AGREEMENT.

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

All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been #17..
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx 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 shall maintain a City of Modesto business license during the entirety of the term of this Agreement.
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08/02/24 C:\Users\amog\AppData\Local\Temp\Scrub\15cm1jov\jmv3hpx2.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement 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 13th day of August 2024, and ___________ has caused this Agreement to be duly executed as of the Effective Date. #17..
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT for investigative services (“Agreement”), made and entered into in the City of Modesto, State of California, this _13th___ day of _August_____, 2024 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DigiStream Central Valley, Inc., a California Limited Liability Company, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

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

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project", incorporated and made a part of this Agreement by this reference. The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession in the geographical area in which it practices and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.
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a. This Agreement is effective as of the Effective Date and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant ending no later than August 13, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “A” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed. #17..
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4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that, Katelyn Codner, 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 one hundred percent (100%) 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, reused, and otherwise disposed of by City as it may require #17..
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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.

7. NEWS AND INFORMATION RELEASE.

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 #17..
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having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

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

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. #17..
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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.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.
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FOR Consultant: Name: Katelyn Codner, Managing Partner
Address: 3831 N. Freeway Blvd., Suite #115
Sacramento, CA 95834
Phone: (916) 906-1161
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95354
Attention: Carmen Vargas
Phone: (209) 577-5409
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional #17..
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Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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

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

Post-Termination Procedures
If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of #17..
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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;
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;
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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. If the agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of #17..
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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.

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

18. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by #17..
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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 of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
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Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this agreement shall not operate as an exclusion of the issue of punitive damages from this agreement to arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

19. ENTIRE AGREEMENT.

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.
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20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement. #17..
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25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant shall have and maintain a City of Modesto business license during the entirety of the term of this Agreement. #17..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this agreement 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 13th day of August , 2024, and ___________ has caused this Agreement to be duly executed as of the Effective Date. #17..
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Legal Services Agreement
City of Modesto and Liebert Cassidy Whitmore 1

LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this “Agreement”) is made and entered into on the 13th day of August 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“CITY”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and LIEBERT CASSIDY WHITMORE, (“Attorney”), located at 5250 North Palm Ave., Suite 310, Fresno, California 93704. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”

NOW, THEREFORE it is hereby agreed as follows:

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

Conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, background investigations, undercover investigations, people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures for Personnel and Administrative Investigations
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date and shall continue for a two-year term to August 13, 2026 unless sooner terminated as provided in Section 7.
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City of Modesto and Liebert Cassidy Whitmore 2

2. Fees and Costs.
a. Hourly Rates:

See attached Labor rates.

The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed an amount of one hundred thousand dollars ($100,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.67 per mile. Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.
c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised. Bills shall be submitted to:

Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
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City of Modesto and Liebert Cassidy Whitmore 3
of Attorney’s invoice, generally within sixty (60) days of receipt.

Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City. vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
(4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, #17..
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conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, including such things as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of ten percent (10%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, Should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.
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5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
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b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.

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

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

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

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

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

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

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

To: City of Modesto: To: Attorney:

Attention: City Attorney Attention: Shelline Bennett
Contact Information: Contact Information:
1010 Tenth Street, 6th Floor
Modesto, CA 95353
Phone: (209) 577-5288
5250 North Palm Ave.,
Suite 310
Fresno, CA 93704
Phone: (559)256-7800

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

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

IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:__________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:

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

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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EXHIBIT A
Liebert Cassidy Whitmore Response to RFP
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RENNE PUBLIC LAW GROUP
Proposal for Personnel Investigation Services
April 3, 2024
Primary Contact:

Linda Ross
Renne Public Law Group
[email protected]
350 Sansome Street, Suite 300
San Francisco, CA 94104
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Table of Contents
Letter of Introduction ............................................................................................................... 2 Section 1: Qualifications of the Firm ...................................................................................... 3 o Related Experience ....................................................................................................... 4 Section 2: Professional Fees and Estimated Out-Of-Pocket Expenses ............................... 6 Section 3: List of Previous Clients ........................................................................................... 7 Section 4: Principal Staff Contacts.......................................................................................... 7 o Linda Ross ..................................................................................................................... 7 o Andrew Shen ................................................................................................................. 8 o Spencer Wilson.............................................................................................................. 9 o Karen Carrera............................................................................................................. 10 o Anastasia Bondarchuk ............................................................................................... 11 o Mauricio Grande......................................................................................................... 11 o Luke Jensen................................................................................................................. 12 Section 5: Additional Services (Optional) ............................................................................. 12 #17..
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Linda Ross
Partner
(415) 848-7200
[email protected]
April 3, 2024
City of Modesto
Christina Alger, Director of Human Resources
Krisha Lay, Senior Human Resource Assistant
1010 10th Street
Modesto, CA 95354
Re: Proposal for Personnel Investigation Services
Dear Ms. Alger and Ms. Lay:

Renne Public Law Group® LLP (RPLG) is pleased to submit this proposal to provide Personnel Investigation Services to the City of Modesto (CITY).

Partner Linda Ross will be the main point of contact for this proposal. If the CITY selects RPLG, Managing Partner Jonathan Holtzman will have the authority to represent the firm and make decisions related to contract terms and pricing. Our contact information is:

Linda Ross, Partner
Jonathan Holtzman, Managing Partner
Renne Public Law Group® LLP
350 Sansome Street, Suite 300
San Francisco, CA 94104
Office: 415.848.7200 Fax: 415.848.7230
[email protected]
[email protected]
We understand the scope of services required by the CITY and affirm our commitment to perform these services if selected.

We look forward to the CITY’s review and consideration of our firm for such services.

Very truly yours,

Linda Ross
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Section 1: Qualifications of the Firm
RPLG is a San Francisco-based law firm that delivers a solution-oriented approach to provide legal services to public agency clients throughout California. With experience in nearly every area of public law, our attorneys are skilled specialists and effective advisors and advocates for local entities. Our work is focused on investigating, advising and litigating on behalf of public agencies all over the state of California, including cities, counties, special districts, public educational institutions, and others.

RPLG and its attorneys have received numerous awards and public recognition for their representation of public agencies and clients. In 2019, the Daily Journal recognized RPLG as a Top Boutique Law Firm in the State of California. Of the twenty firms honored, RPLG was the only firm that primarily represents public agencies. Three of the firm’s attorneys are currently on the Recorder newspaper’s “Superlawyer” list: Art Hartinger, Jon Holtzman, and Geoff Spellberg.

We are highly familiar with performing investigations for public agencies. We have conducted numerous investigations of workplace discrimination, harassment, whistleblower retaliation and other violations of public employer policies, as well as investigations concerning conflicts of interest, ethics, and other forms of misconduct by appointed and elected officials.

We are experienced in conducting investigations in conformity the Public Safety Officers Bill of Rights Act, (PSOBRA) and the Firefighter Bill of Rights (FOBR) and have access to investigators who hold hold POST Certified Background Investigator or Certified Fraud Examiner credentials.

RPLG has seasoned attorney investigators with years of public sector experience. Our attorney investigators are not only familiar with the best practices associated with investigations but are also experts in relevant areas of the law including conflicts of interest and ethics laws, labor and employment law, and administrative law. In addition, our project team brings to this work a commitment to improving the relationship between law enforcement and the community, and each team member has extensive experience working with government officials and employees, as well as individual members of the community. Consequently, we would approach our work on this project understanding that our role is unique, but also part of a broader goal, shared by the City and members of the community alike, to facilitate independent investigative processes that are fair to complainants and subjects alike.

We understand the importance of impartial investigations and the fact that well-reasoned investigative findings can support a public entity’s actions if they are challenged in disciplinary proceedings or in a state or federal court. We have conducted investigations ranging from high level, high profile, and politically sensitive matters to allegations of workplace violence, fraud, discrimination, harassment, retaliation, and other policy violations. But beyond the legal implications, we also understand the importance of impartial and transparent investigations to the community and commit to conducting our work in a manner that is above reproach. #17..
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Related Experience
• Investigation for a major Bay Area public employer into allegations of systemic gender and race discrimination and retaliation for whistleblowing. o A professional employee claimed that high level supervisors discriminated in making promotions and in the day-to-day treatment of women and minorities. The employee also alleged that he blew the whistle on violations of internal policies regarding contracts and that he was subjected to retaliation for whistleblowing. We interviewed two dozen witnesses, examined hundreds of pages of documents, and produced a 76-page report. We also conducted a follow-up investigation, involving multiple witnesses and extensive documentation, into the employee’s claim that he was retaliated against for coming forward with his initial complaint.
• Investigation for a major public employer that a high-level public official engaged in bullying.
o We investigated allegations by department heads and others for a governmental entity that an elected official engaged in bullying and other behavior that violated a respectful workplace policy, among others. In connection with this investigation, we interviewed over ten witnesses and reviewed extensive documentation of public statements and internal communications to produce a comprehensive report and findings on the allegations. • Investigation for a Bay Area City into allegations of gender discrimination and retaliation. o We investigated allegations of retaliation committed by the director of a local agency and harassment committed by a coworker. As part of the investigation, we evaluated an earlier internal investigation of a gender discrimination complaint, making this an “investigation of an investigation.” In connection with this investigation, we interviewed over ten witnesses, reviewed extensive documentation, and drafted a 45-page report regarding the retaliation allegations against the director and a 28-page report regarding the harassment allegations against the coworker.
• Oversight of Investigations for Central California Public Agency regarding competing allegations of misconduct by a high-level department manager and local public official. o A City Attorney’s Office retained us to advise the City Council regarding an investigation concerning allegations of ethics-related misconduct and retaliation by a present Councilmember and to oversee a related investigation concerning allegations of workrelated misconduct by a high-level department manager. We received direction from City Council in closed session, provided guidance to outside investigators, conferred with outside legal counsel for subjects of investigation and other interested parties, and partnered with the City Attorney and City Manager’s Office to navigate the process and to place the City in a legally defensible position.
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• Investigation of Bullying By Multiple Department Heads Against Subordinates for County Employer.
o We conducted a comprehensive investigation into allegations that a Department Head cursed at and berated a subordinate employee. Our initial investigation expanded to address similar allegations of physical and verbal misconduct by another department head against subordinates and potential sexual harassment between department heads. We conducted department wide reviews into the allegations, reached conclusions regarding specific incidents of misconduct, and made determinations as to whether such conduct violated County policy.
• Investigation of Physical Intimidation by City Councilmember Against City Manager. o We investigated sensitive allegations raised by a Councilmember against a City Manager that the City Manager had engaged in physical intimidation towards them. We crafted an appropriate scope of potential witnesses and completed the interviews and detailed report within four weeks. We reported our investigative findings in closed session to nonconflicted members of the City Council. We provided legal advice to the City Attorney’s Office and City Council concerning the need for a complainant-Councilmember to recuse themselves from receipt of the report and from participating in the related closed session. • Investigation into allegations of misconduct by a department head. o We conducted a comprehensive investigation of a complaint against a department head alleging more than 10 incidents of misconduct including misuse of public funds and property, favoritism, and bullying. We interviewed 12 witnesses, reviewed extensive documentation including organizational charts, emails, policy statements, personnel records, training records, City Council documents, budgetary documents, and photographs and made factual findings regarding each of the misconduct allegations which we documented in a 46-page report.
• Police Chief Investigation.
o We conducted a comprehensive investigation of a complaint against a Chief of Police alleging more than 10 incidents of misconduct. We interviewed multiple witnesses, reviewed extensive documentation including emails, policy statements, peace officer personnel records, training records, City Council documents, budgetary documents, and photographs and made factual findings regarding each of the misconduct allegations. • Santa Clara County Jail.
o We investigated the actions of correctional officers at the Santa Clara County Jail that resulted in the death of one inmate and the injury to another. In connection with this investigation, we reviewed video footage, jail layout, jail policies and practices, and reviewed the interviews done by homicide officers with dozens of inmates. We produced a written report that included a timeline based on the video and documentary evidence, summarized witness testimony, and provided conclusions on officer responsibility. #17..
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Section 2: Professional Fees and Out-of-Pocket Expenses Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and paralegals maintain time records for each client and matter. Our attorneys and paralegals are assigned hourly rates that are based on years of experience, specialization, training, and level of professional attainment. We adjust our rates periodically (usually at the beginning of each calendar year) to take into account inflation and the increased experience of our professional personnel.

To keep professional fees at a minimum, legal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower billing rates. In addition, paralegals and law clerks are available to do a variety of tasks to support attorneys, including maintaining and organizing files, conducting research, and drafting documents.

The following rates reflect our 2024 public sector hourly fee schedule for Personnel Investigation services – these fees will apply through December 31, 2024:

Partners: $415 - $495
Of Counsel: $365 - $495
Associates: $295 - $395
Paralegals & Senior Analysts: $145 - $235
Analysts & Legal Assistants: $125 - $195
Consultants: $195 - $475
We charge an administrative fee of 5% to cover overhead expenses such as photocopying, phone calls, computer-assisted research or routine paralegal work. The firm charges separately for disbursements to third parties made on the client’s behalf. Such costs and disbursements include, for example, travel-related expenses, transcription, overnight delivery, and messenger services.

Monthly Billings and Expense Reimbursements
RPLG shall bill the CITY monthly. Each bill shall indicate the date of the work done, the nature of the work that was accomplished, the attorney that performed the work, and the fee for the work.

The following out-of-pocket expenses will be separately itemized and included in bills to the CITY, without markup: (1) extraordinary operating expenses, including items such as messenger services, overnight mail charges, extraordinary copying, and Westlaw research; (2) necessary travel and subsistence expenses; and (3) court costs, including filing fees, witness fees, and deposition and discovery costs not paid directly by the Authority. All travel shall be reimbursed at the IRS prevailing rate for mileage only.
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Section 3: List of Previous Clients
The firm has conducted numerous independent investigations, including for the clients listed below.
• Bay Area Air Quality
Management District
• City of Alameda
• City of Berkeley
• City of Burbank
• City and County of San
Francisco
• City of Fremont
• City of Fullerton
• City of Pleasanton
• City of Stockton
• City of Sunnyvale
• City of Tracy
• Kensington Police Protection and
Community Services District
• Metropolitan Transportation
Commission
• Moraga-Orinda Fire District
• Oakland Museum of California
• Regents of the University of California
• Solano County
• Santa Clara Valley Water District
• Santa Clara County Fire District
• Seneca Healthcare District
• Tehama County
• Tuolumne County
Section 4: Principal Staff Contacts
We propose Partner, Linda Ross, to serve as the Project Manager for the City of Modesto. She will serve as the primary attorney responsible for investigative duties and will also be the day-to-day contact for the CITY.

Linda Ross, Partner
Renne Public Law Group® LLP
350 Sansome Street, Suite 300
San Francisco, CA 94104
Office: 415.848.7200 Fax: 415.848.7230
[email protected]
We propose attorneys Andrew Shen, Spencer Wilson, Karen Carrera, Anastasia Bondarchuk and Mauricio Grande, and analysts and paralegals Luke Jensen, Nichelle Grievous, and Nicholas Moore as additional team members to provide support to the City of Modesto, as needed depending on the particular investigation.

Linda Ross – Partner
Ms. Ross brings a wealth of experience to RPLG after working for 20 years with the City and County of San Francisco and more recently, in private practice. Ms. Ross represents public entities, including cities, counties, special districts, and transit agencies, in a wide variety of public law matters, including advice, litigation, and appellate work involving pension reform, labor and employment, internal investigations, wage and hour, the Public Records Act, open meetings laws, and governance.
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Ms. Ross represented public agencies in closely watched pension cases before the California Supreme Court and achieved appellate victories in other cases involving the vested rights of public employees.

Ms. Ross gained vast knowledge in public law while serving San Francisco as General Counsel to the Mayor’s Office, Chief Labor Attorney, and General Counsel for the Police Commission and the Police Department.

RELATED EXPERIENCE
General Counsel, San Francisco Mayor’s Office
As General Counsel to the Mayor’s Office, Linda advised then Mayor Gavin Newsom and coordinated with City department heads on local governance and policy issues including ethics, public meetings laws, the Public Records Act, and public contracting. While General Counsel, Linda authored a gun control measure upheld by the Ninth Circuit Court of Appeals in Jackson v.

City and County of San Francisco (9th Cir. 2014) 246 F 3d. 953, against a Second Amendment challenge. In 2015, the United States Supreme Court denied review.

Chief Labor Attorney
As Chief Labor Attorney for San Francisco, Linda was in charge of a 20-person legal team, representing City departments, boards and commissions in employment and labor law issues. She successfully defended San Francisco before the California Supreme Court in San Francisco Firefighters Local 798 v. City and County of San Francisco (2006) 38 Cal.4th 653, in which the Court upheld the City’s non-discriminatory testing procedures.

General Counsel, Police Department
As General Counsel to the San Francisco Police Department and Police Commission, Linda advised the Department and Commission on police personnel issues and public safety initiatives.

Working with the District Attorney’s Office, she drafted the Department’s Brady policy which was upheld by the California Supreme Court in the case of People v. The Superior Court of San Francisco County (2015) 61 Cal.4th 696. In a rare occurrence, the Court appended the policy to its opinion.

Andrew Shen – Senior Counsel
Andrew Shen joined RPLG as Senior Counsel in September 2022, after 15 years of experience in the San Francisco City Attorney’s Office. At the City Attorney’s Office, he provided a wide range of general government advice, with special expertise in ethics and elections. When he departed the City Attorney’s Office, Andrew served as the Team Leader for the City Attorney’s Office’s Ethics and Elections Team.

Andrew’s practice includes general government advice, ethics and conflicts of interest, election law, public meeting and records compliance and constitutional law. He also served as a member of the City Attorney’s Office’s Land Use Team, with a background in the California Environmental Quality Act (CEQA) and the Subdivision Map Act. In the land use arena, Andrew #17..
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worked with the San Francisco Planning Department and the Department of Public Works on project approvals and public infrastructure.

Andrew also provides expertise on legal ethics and served as a member of the California State Bar’s Committee on Professional Responsibility and Conduct in 2011-13.

At the City Attorney’s Office, Andrew routinely advised the Mayor’s Office, Board of Supervisors, commissioners, department heads and other City staff on legislation, conflicts of interest, election law and ethics compliance. He staffed public meetings of the San Francisco Board of Supervisors, Board of Supervisors committees and city commissions, working closely with clerks and commission secretaries. During his time in the City Attorney’s Office, Andrew’s primary clients included the Ethics Commission, Department of Elections, Elections Commission, Ballot Simplification Committee and Redistricting Task Force.

Andrew also served on the City Attorney’s Office’s Racial Equity Task Force from 2020 to 2022.

Before joining the City Attorney’s Office, Andrew was a litigation associate at Keker & Van Nest LLP and a law clerk to the Hon. William J. Rea, Senior District Court Judge for the Central District of California.

Spencer Wilson - Associate
Spencer Wilson is a multifaceted attorney who represents public agencies in all aspects of labor and employment law. Public agencies entrust Spencer to advise them on a variety of matters, including the discipline of high-ranking managers, police officers and firefighters; administration of leave laws; reasonable accommodations and the interactive process under the ADA and FEHA; wage and hour compliance; pension matters; and labor relations. He also conducts workplace investigations involving highly sensitive matters, represents agencies in disciplinary arbitration, conducts payroll audits for FLSA compliance; and drafts employment policies and employee handbooks.

Spencer has extensive litigation experience in a variety of areas, with a current focus on Fair Labor Standards Act litigation in federal court. He has successfully briefed and argued multiple summary judgment motions in federal court and has authored or co-authored appellate briefs in matters before numerous courts throughout the Country, including multiple briefs at the certiorari stage in the U.S. Supreme Court. He has argued appeals in California state court and before the Ninth Circuit Court of Appeals and the Alaska Supreme Court.

Prior to joining the firm in 2018, Spencer worked at the Labor and Employment Group at Meyers Nave; at Public Justice where he represented individuals and groups of individuals in civil rights, consumer and employment law matters; and at Bay Area Legal Aid, where he secured funding to administer a two-year self-designed project to mitigate the impact of the Great Recession’s foreclosure crisis on low-income tenants. Prior to attending law school, Spencer worked for several years as a legislative assistant to a U.S. Congressman on Capitol Hill. #17..
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REPRESENTATIVE EXPERIENCE
• Litvinova v. City and County of San Francisco and Silloway v. City and County of San Francisco, 615 F.Supp.3d 1061 (2022) Represented the City and County of San Francisco in two Fair Labor Standards Act collective actions consisting of more than 300 highly compensated registered nurses who alleged they were misclassified as exempt employees and unlawfully deprived of overtime.

Spencer was the principal author of the City’s Summary Judgment Cross-Motion papers, which resulted in a judgment for the City. Spencer is currently representing the City on appeal before the Ninth Circuit.
• Hittle v. City of Stockton, No. 2:12-cv-00766 (E.D. Cal.), No. 22-15485 (9th Cir.) This case was brought by Stockton’s former Fire Chief, Ron Hittle, whom the City terminated for mismanaging the Fire Department and engaging in other misconduct in the years leading up to the City’s bankruptcy. Hittle alleges his termination constitutes religious discrimination under Title VII because one of several examples of his misconduct involved his use of taxpayer dollars to fund his and three subordinates’ attendance at a religious leadership conference that did not benefit the City. Spencer co-authored the City’s successful motion for summary judgment and was the principal author of the City’s Answering Brief in Hittle’s appeal to the Ninth Circuit. Spencer recently argued the appeal before a Ninth Circuit panel and is awaiting a decision. • Estorga v. Santa Clara Valley Transp. Authority, No. 516-CV02668. This case was a Fair Labor Standards Act collective action brought by bus drivers who alleged the City failed to provide them overtime for pre-shift, post-shift and mid-shift travel time. Spencer was the principal author of the VTA’s summary judgment cross-motion papers, which resulted in partial summary judgment for VTA on the lion’s share of Plaintiffs’ claims, including a finding that any damages for split-shift travel would be substantially offset by other compensation VTA provided the drivers. This ruling ultimately resulted in a highly favorable settlement agreement for VTA.

Karen Carrera – Of Counsel
Bilingual Attorney, Investigator, Trainer and DEI Consultant. Ms. Carrera conducts workplace investigations for both public and private employers in response to employee complaints of harassment, discrimination, retaliation, bullying, and other alleged employee misconduct. Ms.

Carrera also provides diversity, equity, and inclusion (DEI), and harassment prevention trainings and consultations for corporations, government agencies and individuals, in both English and Spanish. She holds a certificate from the Association of Workplace Investigators (AWI), and is an active member. She also holds a Diversity, Equity, and Inclusion Certificate from the School of Industrial and Labor Relations, Cornell University.

Prior to becoming an investigator and trainer, Ms. Carrera was a Plaintiffs’ side employment law litigator at Villegas Carrera, Inc. This uniquely qualifies her to determine risk and see where employers are vulnerable to being sued by employees. Before Villegas Carrera, Ms. Carrera was a Deputy City Attorney and litigator with the San Francisco City Attorney’s Office, where she filed lawsuits against property owners who violated San Francisco’s housing, health, fire, and police codes. Ms. Carrera also formerly worked as the supervising attorney at Legal Aid of Marin and La Raza Centro Legal where she litigated employment and housing cases, and managed a diverse staff, including volunteers. She facilitated community outreach meetings with the Latino #17..
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community and services agencies and conducted bilingual trainings and drafted Spanish and English self-help manuals.

Ms. Carrera is a 1992 graduate of the University of California College of the Law San Francisco (formerly U.C. Hastings) and has practiced law for 30 years.

Anastasia Bondarchuk - Associate
Anastasia Bondarchuk is an experienced associate in the Firm’s Government and Litigation Practice Groups. She represents both public entities and private sector clients in all aspects of labor and employment law. Her practice includes advice and counsel, litigation, arbitration, labor negotiations, workplace investigations, payroll audits for Fair Labor Standards Act compliance, preparation of employment policies and handbooks and management training. Her areas of expertise include Public Records Act compliance issues, discrimination, harassment, retaliation, disability accommodation, leaves of absence, whistleblower retaliation, due process, rights specific to public safety officers and labor law.

Prior to joining Renne Public Law Group, Ms. Bondarchuk was an associate at two top national law firms, where she handled a variety of civil litigation before state and federal courts. Ms.

Bondarchuk draws further perspective and experience from her time as a law fellow for the City of Berkeley. During her several years with the City Attorney’s Office, Ms. Bondarchuk advised clients on employment, government and healthcare-related matters and successfully litigated cases involving claims under 42 U.S.C. § 1983 and Cal. Gov. Code § 835.

During law school, Ms. Bondarchuk served as a judicial extern for United States District Court Judge Troy L. Nunley (Eastern District of California), a member of the moot court competition team and an editor of the Constitutional Law Quarterly law journal.

Mauricio Grande - Associate
Mauricio Grande is an attorney in the firm’s litigation practice group. Before joining Renne Public Law Group, Mauricio served as a judicial law clerk in the San Francisco Superior Court. During his first year with Judge Garrett L. Wong, Mauricio advised on a wide spectrum of complex litigation and trial matters that included a city’s environmental contamination case involving over 35 affected sites. During his second year, initially with Judge Cynthia M. Lee (ret.) and subsequently with Judge Samuel K. Feng, Mauricio’s duties encompassed legal research, analysis and guidance regarding law and motion matters in asbestos cases, and writ petitions in CEQA proceedings involving public agencies.

In law school, Mauricio participated in moot court. He won the Best Brief award in his first-year moot court class and placed among the top four briefs at the 2020 Hispanic National Bar Association Moot Court Competition. He also served as a civil procedure and property law tutor for the Legal Education Opportunity Program, and continues to give back as a UC Law San Francisco adjunct professor and bar success specialist. #17..
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Luke Jensen – Senior Analyst
Since joining RPLG in 2020, Luke Jensen has assisted public agencies with a wide variety of matters. As a Senior Analyst, he regularly provides research, analysis and writing for matters related to labor negotiations, mediations and fact-findings, public pension systems, investigations, project labor agreements, organizational development and executive performance evaluations. In all these areas, Luke enjoys synthesizing information, clarifying complex problems and reframing issues to reveal new paths forward.

Section 5: Additional Services (Optional)
General Municipal Law
As current and former city attorneys, county counsels and agency general counsel, we have experience providing public agencies with legal advice and representation in general municipal law.
• Good Governance – Brown Act and Public Records Acts and Conflicts of Interests:
• We are experts in the Brown Act, the California Public Records Act, the Political Reform Act, Government Code section 1090, common law conflicts, fair hearing requirements, and other laws governing local government decision-making and operation. • We review agendas, staff reports, presentations to legislative bodies, and budgets, and attend board meetings to provide advice.
• Joint Powers Agencies:
• We have drafted joint powers agreements and have advised joint powers agencies and clients who are members of joint powers agencies.
• Problem Solving:

With decades of collective experience in nearly every area of public law, and experience in representing a range of public agencies of different types and sizes, we specialize in problem-solving. We are proud of our ability to provide cost-effective and efficient solutions.
• Contracts and Purchasing:
• We draft and provide reviews of all types of contracts and grants, including software and licensing agreements.
• We advise on federal and state procurement laws.
• Legislation Drafting and Review
• We draft ordinances, resolutions, and rules of order. • Municipal Finance and Tax:
• We have expertise in municipal finance, tax measures, and Constitutional restrictions relating to raising revenue and setting fees.
• Training:
• We provide AB 1234 training, as well as the Brown Act, fair process hearings, Public Records Act, harassment prevention, and other matters as needed. • Our government lawyers also provide regular updates to clients on legal developments when noteworthy public law developments emerge from the courts, administrative agencies, or the Legislature.

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Land Use, Planning, and Housing Laws
Our attorneys regularly advise staff, city councils, and commissions regarding land use, planning, land use entitlement proceedings, housing laws, and related matters.

We are familiar with federal and state transportation funding streams and laws and regulations relating to transportation planning and implementation; general plan, specific plan, and zoning matters; CEQA and NEPA compliance; Subdivision Map Act advice; housing laws and requirements; development agreements; real estate transactions; and code enforcement matters.

We maintain collaborative working relationships with a variety of outside specialists for highly complex environmental and real estate matters.

Employment Advice
Our attorneys help clients navigate the web of state and federal employment laws, collectively bargained contracts, merit system rules, Constitutional issues, local codes and ordinances, personnel rules, and myriad issues in the aftermath of the pandemic. We advise employers on personnel and employment matters in all areas of employment law, including but not limited to:
harassment, discrimination and retaliation; Americans with Disabilities Act (ADA) compliance and accommodation issues; Fair Labor Standards Act (FLSA) overtime requirements and leave issues; Title VII and Government Code 12940; whistleblower laws; discipline, discharge, and performance management; drug and alcohol policies; lawful hiring and background screening; violence prevention programs; employment policies and employee manuals; pension and medical benefits, including CALPERS, PEMHCA and ‘37 Act issues.

Employment Litigation and Administrative Proceedings
We have a large bench of highly seasoned public sector trial attorneys. Our attorneys have deep experience defending race, gender, sexual orientation, age, national origin, religion and disability discrimination claims, harassment and retaliation claims, claims alleging failure to accommodate under state and federal laws, wrongful discharge suits, speech and whistleblower cases, defamation lawsuits, negligent hiring and retention claims, FLSA overtime suits, civil service terminations, and lawsuits involving allegations that retirement benefits and/or retiree health benefits are “vested” and not subject to change. Our litigators also have expertise handling complex employment law issues in California. We are representing several clients in labor issues involving pension reform, retiree health care benefits and vested rights, as well as collective bargaining and wage and hour issues. We practice in federal and appellate courts, including the California Supreme Court. We are frequently called upon by the League of California Cities and the California State Association of Counties to write amicus briefs on key issues pending before the California Supreme Court and California Courts of Appeal.

We also handle proceedings before state and local administrative agencies, including the Public Employment Relations Board, local personnel boards and commissions, the Office of Administrative Hearings, the Department of Labor, the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), and other labor and employment regulatory agencies. We handle contract labor arbitrations, with panels and neutrals selected from the California State Mediation and Conciliation Service, the American Arbitration Association, JAMS, the Federal Mediation and Conciliation Service and other alternative dispute #17..
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resolution groups. Our familiarity with administrative agencies and California's community of neutrals gives our clients an edge when selecting a neutral or litigating a dispute.

Labor Relations and Negotiations
Partner Jonathan Holtzman leads the firm’s full-service labor law practice focused on achieving responsible, affordable, and forward-thinking labor agreements. We specialize in fact-based bargaining and believe strongly in the presentation of high-quality factual materials. Providing concrete facts often focuses the bargaining table and diminishes conflict. We handle cutting edge issues, including declarations of fiscal emergency, ballot-related negotiations and litigation, pension reform, personnel reform, creation of joint powers authorities, and project labor agreements.

Litigation, Writs & Appeals
Our team of lawyers have collectively tried well over one hundred cases. We are familiar with all courtrooms throughout California, including state and federal trial courts and appellate courts, including the California and United States Supreme Courts. Our believe our record is unparalleled.

We also handle contract and interest arbitrations, as well as administrative hearings.

In terms of litigation experience, we are particularly proud of our team and results. Here are a few recent examples:

Rose v. Cnty. of San Benito, 77 Cal. App. 5th 688, 292 Cal. Rptr. 3d 678 (2022), review denied (July 13, 2022)
• Steve Cikes and Art Hartinger represented San Benito County in a case that resulted in a favorable, published decision from the Sixth Appellate District. This case involved a claim by two former San Benito County employees who alleged that, during their employment, the county promised them “fully paid” retiree health insurance benefits for life. After an adverse judgment in the trial court, the county appealed and, based on the arguments raised, the Court of Appeal reversed, giving the county a 100% defense victory.

Barrett et al v. County of Napa et al, United States District Court, Northern District of California, Case No. 3:18-cv-06124-WHA.
• Art Hartinger and Ryan McGinley-Stempel represented the County in a constitutional challenge to a citizen’s initiative in Napa County. The initiative restricted helicopter take offs and landings. The ordinance survived in its entirety, and we achieved a very successful final resolution.

Doe v. White, 440 F. Supp. 3d 1074 (N.D. Cal. 2020), aff'd, 859 F. App’x 76 (9th Cir. 2021), cert. denied, No. 21-860, 2022 WL 892111 (U.S. Mar. 28, 2022) • Art Hartinger and Ryan McGinley-Stempel served as counsel of record for the Board of Trustees of California State University and other Respondents in opposing petition for writ of certiorari presenting questions whether students at higher education institutions have constitutionally protected liberty and/or property interests in their continued enrollment. We prevailed in the trial court and the Ninth Circuit Court of Appeals. Plaintiff sought a petition #17..
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for writ of certiorari in the United States Supreme Court. The Supreme Court asked for a response and, after filing our brief, on March 28, 2022, the Supreme Court issued an order denying certiorari.

Harris v. Cty. of Orange, No. SACV0900098AGMLGX, 2019 WL 7173148 (C.D. Cal. Nov. 13, 2019), aff'd, 17 F.4th 849 (9th Cir. 2021)
• Art Hartinger and Ryan McGinley-Stempel represented Appellee County of Orange on appeal from summary judgment in the County’s favor in this class action asserting a constitutional vested right to retirement health benefits. The cases exposed the county to hundreds of millions of dollars in potential liability. On October 28, 2021, the Ninth affirmed summary judgment in the County’s favor.

Allum v. San Joaquin Cty. Employees' Ret. Ass'n, No. C090833, 2021 WL 2525141 (Cal. Ct.

App. June 21, 2021), reh'g denied (July 9, 2021), review denied (Sept. 29, 2021) • Art Hartinger and Ryan McGinley-Stempel served as counsel of record for Respondent County of San Joaquin in appeal from summary judgment and costs order entered in the County’s favor in case involving implementation of a settlement agreement with the County and the San Joaquin County Employees’ Retirement Association, with millions of dollars at stake. On June 21, 2021, the Court of Appeal issued an unpublished opinion affirming the summary judgment in the County’s favor. We opposed plaintiffs’ petition for review in the California Supreme Court and, on September 29, 2021, the Supreme Court denied review.

City & County of San Francisco v. Public Employment Relations Board, Case No. A152913, 2019 WL 3296947 (Cal. Ct. App. July 22, 2019)
• Art Hartinger and Ryan McGinley-Stempel represented the City and County of San Francisco in a challenge to a decision by the Public Employment Relations Board (“PERB”) invalidating a charter amendment that would improve public transit effectiveness. The Court of Appeal granted the City’s writ for extraordinary relief, overturned significant portions of PERB’s decision, and awarded the City costs on appeal.

Ramirez v. District Attorney’s Office, et al., No. A151552, 2019 WL 1323449 (Cal. Ct. App.

Mar. 25, 2019)
• Art Hartinger represented the City and County of San Francisco in successfully defending summary judgment in favor of San Francisco in an age discrimination case targeting former District Attorney George Gascon. Gascon is the current District Attorney in Los Angeles.

Los Angeles Police Protective League, et al. vs. City of Los Angeles, No. B280319, B281868 2018 WL 5610434 (Cal. Ct. App. Oct. 30, 2018)
• Linda Ross and Art Hartinger represented the City of Los Angeles on appeal defending a program related to its retiree medical subsidy plan and obtained a reversal of the lower court’s adverse ruling. On remand, Linda Ross, Art Hartinger, and Imran Dar prevailed on the City’s behalf in a bifurcated bench trial.
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Request for Proposal
Public Sector Consul5ng Firm
City of Modesto
April 2, 2024
Oppenheimer Inves5ga5ons Group LLP
1300 Clay Street, Suite 600
Oakland, CA 94612
Phone: (510) 393-4212
Email: [email protected]
Website: oiglaw.com
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1 Cover Le(er
Oppenheimer Investigations Group (“OIG”) is a premier investigations law firm that specializes in impartial workplace and school investigations as well as trainings, executive coaching, expert testimony, and mediation services. We investigate complaints of harassment, discrimination, retaliation, sexual assault, and other misconduct for public entities, private companies, nonprofits and educational institutions. OIG is based in Northern California, but our services are available throughout the entire State of California.

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

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

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

Any questions related to this proposal can be directed to Cody Holtz, Office Manager. His email address is [email protected] and his telephone number is (720) 445-1251. Additionally, Vida Thomas, Managing Partner, is also available to answer any questions. Her email address is [email protected] and her telephone number is (510) 393-4212. Both are authorized to make representations for the firm. The office address is 1300 Clay St., Ste. 600, Oakland, CA 94612.

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

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

Our Managing Partner, Vida Thomas, has an extensive background in employment law and previously co-founded Carlsen Thomas, LLP, a boutique employment law firm that offered workplace investigations and employee training throughout California for 13 years. Not only has Vida conducted more than 200 workplace investigations, Vida has also conducted numerous trainings related to understanding bias, investigating workplace complaints successfully, and preventing sexual harassment.

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

Our wide range of attorneys allows us to staff investigations at the appropriate level. For example, in cases involving elected officials or executives, we have attorneys with many years of experience and who are adept at handling high-profile investigations. We also have newer attorney investigators who are very experienced and able to do line-staff investigations, and often have more capacity to start an #17..
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3 investigation immediately. When necessary or desirable we work in teams. Every report generated by our office is given a second review by another attorney before being sent to the client. This helps ensure objectivity and lack of bias, as well as thoroughness and clarity in our investigative reports.

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

We have performed hundreds of investigations for private companies, non-profits, and public entities, including counties, cities, special districts, school districts and state agencies. Many of these investigations have involved Title IX, EEOC and DFEH complaints. Our office has also performed investigations involving police departments under the Public Safety Officers Bill of Rights Act (PSOBRA) and involving fire departments under the Firefighters Procedural Bill of Rights (FBOR). No matter the case or the client, we pride ourselves on the consistency of our service and our dedication to providing insight, integrity, and impartiality in every investigation.

Vida Thomas, Amy Oppenheimer, and the three other Partners at our firm (Christina Ro-Connolly, Zaneta Seidel and Alezah Trigueros), oversee every investigation and supervise the lead investigators in each matter. Additionally, Cody Holtz serves as the firm’s office administrator, overseeing all administrative, billing, and contractual matters for hundreds of clients over the past six years.

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

OIG’s core values include a dedication to acting with true impartiality, and thus recognizing and confronting our own biases and not allowing bias of any kind to interfere with the outcomes of our investigations. It is also a priority for us that our work product is both excellent and reasonable. That is, we “right size” each investigation so that we are not spending hundreds of hours on an allegation of minor consequence. We believe that we can be fair and thorough while also making choices about what to pursue and how to pursue it. We take seriously that we are being paid with public funds and our work should be reflective of that. We are committed to providing high quality services at a reasonable cost to our clients.
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4 Project Team and Personnel
Vida Thomas, Managing Partner, AWI-CH
Vida has practiced law for more than 25 years. She started her career as an employment defense litigator. She also advised employers on all aspects of employment law and human resources management as governed by Title VII, the California FEHA, ADA, ADEA and other federal and state employment laws.

Vida serves as an expert witness in state and federal employment lawsuits and mediates litigation and non-litigation matters. She assisted employers in resolving employment claims, including but not limited to harassment, discrimination and retaliation claims; wrongful termination claims; failure to accommodate and statutory leave violations; whistleblowing claims; wage and hour violations; and invasion of privacy claims. She also serves as a hearing officer in employee discipline appeal hearings.

Vida has conducted more than 200 workplace investigations and is experienced in complying with Title IX, Title 5, the Public Safety Officers Procedural Bill of Rights and the Firefighters Procedural Bill of Rights. She has considerable experience investigating matters within a union setting and is particularly adept at investigating complex matters involving high-profile employers and individuals. A founding member of the Association of Workplace Investigators, she co-chaired the AWI Best Practices committee and helped establish the AWI Guidelines for conducting workplace investigations. She frequently trains attorneys, human resources professionals and EEO officers on how to conduct legally effective workplace investigations.

Vida also routinely conducts sexual harassment prevention training — including AB1825 compliance training — for state agencies and private companies. She teaches managers and supervisors how to implement legally effective performance reviews. She has conducted dozens of seminars on the Americans with Disabilities Act, the Family Medical Leave Act, employee drug testing and sexual harassment investigations. Clients have complimented Vida’s knack for making the law accessible, explaining complex legal concepts in a way that is both thorough and easy to understand. She believes training is most effective when it provides concrete, useful tips for navigating today’s complicated and highly regulated workplace.

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

Chris9na Ro-Connolly, Partner, AWI-CH
Tina has more than a decade of labor and employment law experience. Her investigations include allegations of discrimination and harassment, allegations of abusive conduct, sexual misconduct, retaliation and workplace misconduct.
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5 She has handled investigations against high-level executives and elected officials. She has worked in both the public and private sectors.

Tina conducts Title IX investigations and is a Title IX hearing officer. She also leads sexual harassment prevention trainings and workplace investigation trainings.

Tina spent 11 years at the Contra Costa County Counsel’s Office, advising departments on labor and employment matters. This included representing departments in civil service hearings, arbitrations and before the Public Employment Relations Board.

Tina is a member of the Executive Committee of the Labor and Employment Section of the California Lawyers Association, a graduate of the AWI’s Training Institute for workplace investigators and a frequent trainer and presenter on employment law matters.

Zaneta Seidel, Partner, AWI-CH
Zaneta has conducted more than 100 investigations involving allegations of discrimination based on race, gender, age, sexual orientation and religion as well as allegations of sexual assault, sexual harassment, retaliation, bullying and other misconduct. More than 40 of her investigations have included allegations reported against high-level executives and elected officials.

Zaneta has also conducted climate assessments and served as an ombudsman to help organizations understand and address workplace concerns of their employees. Zaneta also provides conflict resolution services, such as mediation, post-investigation strategies and recommendations, as well as Conflict Resolution and Effective Communication trainings, to help repair working relationships and enhance workplace culture. Finally, Zaneta also speaks about race and cultural competency in workplace investigations, to promote equitable and conscientious investigative practices.

In law school, Zaneta served on the Columbia Human Rights Law Review and interned with UNHCR in Geneva, Switzerland. Before becoming an attorney investigator, she practiced business litigation for eight years, first with Baker & McKenzie’s New York Office and then with Bartko Zankel Bunzel & Miller after she returned to the Bay Area.

Alezah Trigueros, Partner, AWI-CH
Alezah has led or assisted in more than 150 workplace investigations since joining the firm in 2014.

These have included allegations of sexual harassment, sexual assault, discrimination, ethical violations, workplace bullying, and retaliation.

Alezah has worked with public entities, private entities, and nonprofits. Her investigations have involved employees, management, and employee organizations, and have included agency-wide investigations and environmental assessments. She has investigated allegations against high-level executives, elected officials, and high-profile individuals in the entertainment industry. #17..
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6 Alezah also conducts Title IX investigations for educational institutions. These have included investigations in schools at all levels of education, from grade schools to universities, at both public and private institutions. She has investigated complaints in athletic departments, Greek life organizations, and between faculty members.

Alezah graduated from the Association of Workplace Investigators (AWI) Training Institute for Workplace Investigators. She is an AWI Certificate Holder (AWI-CH) and serves as Junior Faculty for the Institute. She has also received training certificates from the Association of Title IX Administrators (ATIXA) and T9 Mastered to conduct Title IX investigations.

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

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

Danielle also represented social workers and their employers in claims arising from child abuse and neglect invesogaoons. At the Santa Barbara County Counsel’s Office, she served as lead counsel in a civil rights class-acoon lawsuit against the county’s jail, which led to sweeping system-wide changes to improve inmates’ living condioons.

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

Tracey frequently speaks about and trains others on employment law issues, including prevenoon of harassment, discriminaoon and retaliaoon; appropriate handling of reasonable accommodaoon of disabilioes; managing workplace conflict; and catalyzing diversity, equity and inclusion in the workplace.

Tracey received her mediator ceroficaoon from the Straus Insotute for Dispute Resoluoon at Pepperdine University School of Law and served as a volunteer mediator for the Equal Employment Opportunity Commission (EEOC). She graduated from the Associaoon of Workplace Invesogators’ (AWI’s) Training Insotute for Workplace Invesogators in 2016.
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7 Ilona Turner, Senior ADorney, AWI-CH
Ilona’s work includes investigations across a variety of industries such as tech, nonprofit and government agencies.

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

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

She authored numerous articles and book chapters on sex discrimination and LGBT legal issues and teaches a class on Law and Sexuality at the University of California, Berkeley. She also serves on the mediation panels for the U.S. District Court for the Northern District of California and California’s Department of Fair Employment and Housing.

Jack Morse, Senior ADorney, AWI-CH
Jack’s legal career began at the U.S. Department of Jusoce in Washington, D.C. He served for eight years in the Civil Rights Division’s Special Liogaoon Secoon, invesogaong law enforcement agencies, correcoonal facilioes, and other state insotuoons to ensure they complied with state and federal law. He has invesogated and monitored law enforcement agencies in Ohio, New York state, Arizona, and the U.S. Virgin Islands.

Jack then moved to Southern California, working in private pracoce before joining Orange County’s Inspector General’s office, the Office of Independent Review. Here, he worked with various agencies, focusing on idenofying and addressing high-risk and potenoal liability issues. He also led invesogaoons of the Sheriff’s Department and Probaoon Department, determining whether use of force complied with legal standards and best pracoces.

While in law school, Jack worked in public affairs for a nonprofit global relief agency that provides healthcare for people in developing countries. He also served in the U.S. Army, deploying to Iraq in 2003, as a combat photographer and paratrooper.

Rachel Reddick, ADorney, AWI-CH
Rachel’s legal career began in the Navy’s Judge Advocate General Corps, where she liogated at the trial and appellate level. She also served as general counsel to commanding officers both onshore and at sea, advising on employee mamers and overseeing invesogaoons.

Rachel next served in the U.S. Congress as a Defense Fellow. She worked for a Congressperson sisng on the Oversight and Invesogaoons subcommimee of the House Armed Services Commimee, where she assisted in several high-profile Congressional invesogaoons. She then moved to the Department of #17..
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8 Defense, managing a team pracocing before the military commissions in Guantanamo Bay Cuba and overseeing invesogaoons on one of the largest criminal cases in United States history.

Rachel then pivoted to the private sector, working for a firm represenong both employers and employees, as well as conducong neutral employment-related invesogaoons. She provided workplace training, including on sexual harassment prevenoon and labor laws, and advised companies on improving workplace policies and procedures.

Madeline Buitelaar, ADorney, AWI-CH
Madeline has led or assisted in more than 150 investigations since joining OIG. These matters have included allegations of sexual harassment and assault, discrimination, workplace bullying, and retaliation, as well as complaints against high-level managers and elected officials. Madeline also conducts Title IX investigations for public and private institutions. In addition, she has investigated historic sexual abuse, with allegations dating back more than 50 years.

Before joining the firm in 2020, Madeline assessed a range of cases at the Office for Civil Rights, Department of Education, Region III in Philadelphia. There, she focused on Title IX and Title VII complaints for a variety of educational institutions, including middle schools, high schools and universities.

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

Gorev Ahuja, ADorney, AWI-CH
Gorev invesogates complaints of alleged harassment, including sexual harassment, discriminaoon, retaliaoon, bullying, fraud, and other misconduct.

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

Gorev has also worked on mamers involving schools, represenong school districts in special educaoon proceedings, mediaoons, and due process hearings. He is also familiar with invesogaoons in educaoonal sesngs, including complaints filed under the Uniform Complaint Procedures.

Gorev is biliterate in Hindi and bilingual in Punjabi.

Erik Roper, ADorney, AWI-CH
Before joining OIG, Erik was Of Counsel with the Bohm Law Group, where he counseled and represented plainoffs in employment lawsuits including claims primarily alleging discriminaoon against various #17..
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9 protected classes, whistleblower retaliaoon, wrongful terminaoon, and/or defamaoon. He started his career as an environmental amorney, enforcing the federal Clean Water Act with a bouoque Bay Area environmental law firm.

In law school, Erik worked with two student-led environmental organizaoons. He organized the Ecology Law Quarterly’s annual fundraising 5k run/walk event: Race Judicata, as well as the Environmental Law Society’s annual environmental law symposium.

Erik also served in the U.S. Army as a finance specialist from 1996-2000. He deployed to Bosnia in 1997- 1998, and to Kosovo in 1999-2000.

Renee Jansen, Of Counsel, AWI-CH
Before joining the firm, Renee was a management consultant, helping clients collaborate more effectively both internally and with alliance partners. This often required navigating different organizational cultures, operating models and behavioral skills. She has extensive experience delivering, advising and training on conflict management, negotiation and managing difficult conversations.

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

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

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

Maria Walker, ADorney, AWI-CH
Maria worked with UC Davis School of Law’s Immigraoon Law Clinic, where she assisted on naoonwide class acoons. During her final semester of law school, she interned at a mid-size employment law firm.

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

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

Maria can conduct invesogaoons in both English and Spanish. #17..
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10 JeaneDe Boykins, ADorney, AWI-CH
Prior to joining OIG, Jeanette worked at UC Davis’ Employee and Labor Relations Department. In this role, she worked with the university and the unions to ensure compliance with union contracts and university policies.

While she was in law school, Jeanette worked as a student counselor in the Worker’s Rights Clinic, where she assisted English- and Spanish-speaking workers with employment matters. She also worked a law clerk with the California Department of Civil Rights. Here, she interviewed witnesses for housing and workplace discrimination cases.

Neil Bau9sta, ADorney, AWI-CH
Prior to joining OIG, Neil worked at the Cononuing Educaoon of the Bar. There, he developed, maintained, and updated both digital and print content across various pracoce areas — especially in employment and business law.

While in law school, Neil clerked at the Dolan Law Firm. Here, he developed his interest in employment law and handled mamers involving discriminaoon, retaliaoon, and harassment. He also externed as a clinic counselor at Legal Aid at Work’s Workers’ Rights Clinic, assisong low-income and disenfranchised communioes with employment law claims.

Jacquelynn Kwong, ADorney
Prior to joining OIG, Jacquelynn worked in employment defense liogaoon with both public sector and private enoty clients.

While in law school, Jacquelynn served as a judicial extern to the Honorable Judge Michael W. Fitzgerald of the United States District Court, Central District of California and the Honorable Judge John P. Doyle of the Los Angeles Superior Court. She also held leadership posioons in the Asian Pacific American Law Student Associaoon and the Naoonal Asian Pacific American Law Student Associaoon.

Sean Lee, ADorney
Before joining OIG, Sean worked as a post-bar law clerk at an employment and business law firm. As a law student, he clerked for trademark and employment law firms, in-house legal teams, and the same invesogator who introduced him to the pracoce.

Sean was also heavily involved with the University of San Diego School of Law’s Student Bar Associaoon and the Asian and Pacific American Law Students Associaoon, fostering pathways for communicaoon between students and the administraoon and creaong DEI opportunioes for fellow students. #17..
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11 Scope of Services for Personnel Inves@ga@ons
Vida Thomas will be the primary contact and shall acknowledge receipt of an assignment within 24 hours. At this point, Vida will request a brief verbal description of the complaint; names and contact information for the primary parties, witnesses, and supervisors; and copies of all written documentation, policies, complaint and response letters, emails, etc. that are relevant to the allegations of the complaint. Upon immediate review of preliminary material, Vida will inform our client contact if there are any conflicts of interest and, if not, will assign the case to either herself or a member of her team. Vida will then pass along that information to our client contact.

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

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

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

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

We endeavor to complete the interviews process as soon as is practical and continue to gather documents until the evidence gathering phase is complete. Depending upon the complexity of the matter and witness availability, this can typically take anywhere from one to six weeks. We will usually have a draft report to our client no more than two weeks following the last interview or receipt of a critical document and are usually able to provide a final report within 48 hours of our client’s response to the draft. We will work on each investigation diligently and without delay, and should any issue arise that hinders the expeditious handling of the matter, we will contact our client representative. #17..
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12 Time spent with our client’s staff is dependent on the size and complexity of the investigation. Matters involving complex issues or a large number of witnesses will require more time to be spent interviewing relevant parties. We will also provide our client contact(s) with monthly invoices, and keep them updated on the status of the investigation as it progresses.

We have also adjusted the way we work to maintain compliance with local and state orders to slow the spread of COVID-19. We have been able to continue the quality and effectiveness of our investigations during this time by conducting investigative interviews via online videoconference using secured platforms that maintain confidentiality. We confirm ahead of time that each witness has sufficient online connectivity and is comfortable logging onto the online platform. We are available for in-person interviews when prearranged with the client.

If would like to know more about other services we offer, such as training on bias, sexual harassment, and workplace investigations, please let us know, and we would happy to provide more information. #17..
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13 Rates
A(orney Public Sector/Non-Profit Rate
Amy Oppenheimer, Partner
Vida Thomas, Managing Partner
$545/hour
Tina Ro-Connolly, Partner
Zaneta Seidel, Partner
Alezah Trigueros, Partner
Danielle Drossel, Partner
Tracey Merwise, Senior AForney
Ilona Turner, Senior AForney
Jack Morse, Senior AForney
$445/hour
Supervision/SubstanLve Edit $445/hour
Rachel Reddick, AForney
Madeline Buitelaar, AForney
Gorev Ahuja, AForney
Erik Roper, AForney
Sandy Fu, Of Counsel
Renee Jansen, Of Counsel
$395/hour
Maria Walker, AForney
JeaneFe Boykins, AForney
Neil BauLsta, AForney
Jacquelynn Kwong, AForney
Sean Lee, AForney
$345/hour
Writers/Editors
Jacob, Cindy, GarreF
$195/hour
Interns $125/hour
Other Proposed Costs & Expenses
Travel ome (if applicable) is billed at the hourly rate of the lead invesogator.

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

Other costs (e.g. shipping or transcription fees) will be charged at cost. #17..
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14 Prior Clients w/References
Agency Name City of Pittsburg
Contact Name Jennifer Brizel, Director of HR
Telephone 925-252-4898
Email [email protected]
Street Address 65 Civic Avenue
City, State, Zip Code Pittsburg, CA 94565
Description of services provided
including contract amount, when
provided and project outcome
Conducted workplace investigations for the City of Pittsburg, the details of which cannot be divulged due to attorney-client privilege.

One investigation for the City involved allegations against a Department Head. That investigation cost $17,948.50 and was completed on May 15, 2023.

Agency Name Kings County
Contact Name Diane Freeman
Telephone 559-852-2445
Email [email protected]
Street Address 1400 W. Lacey Blvd., Bldg #4
City, State, Zip Code Hanford, CA 93230
Description of services provided
including contract amount, when
provided and project outcome
Conducted an impartial investigation into allegations against a Department Head on behalf of Kings County. This investigation cost $49,629.50 and was completed on April 6, 2023. Other details are withheld due to attorney-client privilege.

Agency Name Lafayette Unified School District
Contact Name Dulcinea Grantham (Outside Counsel)
Telephone 925-953-1620
Email [email protected]
Street Address 2001 North Main St, Suite 500
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15 City, State, Zip Code Walnut Creek, CA 94596
Description of services provided
including contract amount, when
provided and project outcome
Conducted an impartial investigation for the Lafayette School District into how an administrator handled complaints against a teacher. The investigation was completed May 15, 2023 and came to a cost of $29,965.50 in total. Further details cannot be divulged due to attorney client privilege.
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16 Other Services
Trainings
Our office provides an array of training relevant to employment, human resources, conflict resolution, and bias including anti-harassment training, investigator training, conflict resolution/mediation training, implicit bias training and diversity training.

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

AB1825 Training:

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

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

Bias Training (qualifies for California MCLE bias credit):

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

The Implicit Bias training is a 90-minute session for $1,600.

Transgender Inclusivity:

Transgender people are increasingly visible in society and in the workplace, and this is a subject that is new for many people. This presentation will cover best practices for ensuring workplaces are inclusive for transgender employees. It includes definitions, respectful terminology, access issues under California law, and how to be an ally to transgender people.
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17 This training is one hour and is $1,200 per session.

Conflict Resolu9on and Communica9on Training:

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

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

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

Inves9ga9on Training:

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

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

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

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

Amy Oppenheimer: $600/hour
Vida Thomas: $550/hour
Other Customized Training
We can develop customized trainings based on the needs of our client. Pricing for these trainings vary and will be discussed if requested by the client.
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18 Media@on, Concilia@on, Informal Dispute Resolu@on and Coaching Many of the attorneys at Oppenheimer Investigations Group are experienced mediators, specializing in helping to resolve workplace conflict. Several of them have specific expertise in working with diverse work groups to address conflict.

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

Rates for Services:

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

Amy Oppenheimer – $645/hour
Vida Thomas – $545/hour
Zaneta Seidel & Ilona Turner – $400/hour
Travel time will be billed at the usual hourly rate of the individual providing the service. #17..
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Elk Grove, California 95624 866-774-3222 www.Solutions-MRG.com April 3, 2024
Krisha Lay, Senior HR Assistant
City of Modesto
1010 10th Street
Modesto, CA 95354
Sent via email: [email protected]
RE: Statement of Interest and Response to RFP INF 24-21 for Investigative Services Dear Ms. Lay:

Thank you very much for the opportunity to submit a proposal to provide outside investigative services on an as-needed basis for the City of Modesto (“City”) for a term of 2 years. Municipal Resource Group, LLC (“MRG”) is submitting all the required information as outlined in the RFP which can be found within our proposal. The table of contents on the next page will direct the reviewers to each section.

In summary, MRG will conduct confidential investigations to determine the factual basis of complaints and allegations in the workplace. A scope of work will be prepared in advance of each matter. At the end of an investigation, MRG will provide a written report unless otherwise instructed, to be produced within 30 days of the final interview or earlier.

Our investigative team, comprised of licensed Private Investigators and attorney-investigators, including members who are familiar with Modesto’s policies and personnel, brings many years of experience in public agency investigations enhanced by our Human Resources management and law enforcement backgrounds. MRG recognizes the importance of presenting unbiased, independent, and thorough investigation reports and findings regarding these sensitive situations. The firm is also capable of addressing and resolving the challenging workplace issues that often precede allegations, and we are proud of our success rates in post-investigation relationship mending and conflict resolution.

Firm Name: Municipal Resource Group, LLC (“MRG”)
Local Office Address: 8788 Elk Grove Blvd., Bld. 1, Suite L, Elk Grove, CA 95624 Contract Mailing Address: PO Box 561, Wilton, CA 95693
Federal Tax ID: 26-4149793
Contact Person: Mary Egan, CEO
Telephone Number: (916) 261-7547
E-Mail: [email protected]
Website: Solutions-MRG.com
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Elk Grove, California 95624 866-774-3222 www.Solutions-MRG.com I am a firm founding member of MRG and the Human Resources practice leader, as well as a founding member of the Association of Workplace Investigators (“AWI”). Since its inception in 2009, AWI has become the premier international association dedicated to promoting and enhancing the quality of impartial workplace investigations. I realize the importance of this engagement and appreciate the opportunity to be considered. We regularly serve as speakers on the topic of public sector investigative best practices.

For administrative support during the RFP review process and contracting coordination, please contact Doreen Birchell, Administrative Manager, at [email protected] or at (209) 280-6263. MRG commits to be bound by the representations in the RFP and accepts the terms and conditions of the Standard Agreement for Professional Services. MRG is a privately held company, and as such, we do not typically disclose our financial information regarding the annual dollar volume of work. We have, however, satisfactorily serviced more than 500 cities, counties, special districts, and private sector clients since 2009.

We acknowledge receipt of Addendum 1 and 2 of the RFP. In addition, this proposal is valid for ninety (90) days from the date of submission.

Please let me know if you would like to discuss MRG’s approach to investigative services.

Respectfully submitted,
Mary Egan, CEO

MRG, LLC
916-261-7547
[email protected]
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City of Modesto – Response
Request for Proposal – MRG, LLC

TABLE OF CONTENTS
PROJECT UNDERSTANDING AND APPROACH ................................................................................. 4 QUALIFICATIONS OF CONSULTANTS ............................................................................................... 6 Organizational Chart ............................................................................................................................... 10 EXPERIENCE OF MRG .................................................................................................................... 11 List of References .................................................................................................................................... 11 COST, SCHEDULE & DEADLINES .................................................................................................... 13 Principal Staff Contacts ........................................................................................................................... 16 ADDITIONAL SERVICES .................................................................................................................. 16 OTHER INFORMATION .................................................................................................................. 16 Certificate of Insurance ........................................................................................................................... 16 Business License ...................................................................................................................................... 16 ATTACHMENTS:

MRG Bios ............................................................................... Attachment A MRG Certificate of Liability Insurance .............................. Attachment B #17..
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City of Modesto – Response
Request for Proposal – MRG, LLC 4

PROJECT UNDERSTANDING AND APPROACH
The City of Modesto is seeking proposals from qualified firms to provide assistance related to Personnel Investigation Services for a period of two years on an on-call basis. Our team is adept at investigating all areas, including sexual harassment, discrimination, whistle-blower claims, PSOBRA, FOBR, and similar types of claims in the public sector. We have a very well-qualified team of investigators and subject-matter expert consultants to support various departmental investigations.

Mary Egan, a MRG founding partner and leader of its Human Resources practice, is also a founding member of the Association of Workplace Investigators (AWI). Since its inception in 2009, AWI has grown into the premier international association dedicated to promoting and enhancing the quality of workplace investigations.

The MRG Team has built its practice around conducting impartial, timely, and professional workplace investigations. Our team of seasoned Human Resources licensed investigators and attorney investigators, with relevant current experience, have conducted hundreds of workplace investigations in many large and medium-sized public agencies including the Cities of Fairfield, Oakland, Hayward, Alameda, Sunnyvale and Madera, Counties of El Dorado, Sacramento, Butte, and Placer and many special districts. In addition, we are proud to currently support the City of Modesto in its investigation needs.

Description of Approach
 We strategize as a team when needed before we begin a matter.

No two investigations are alike, and MRG commonly conducts intake conversations with our diverse team (public safety, HR, legal) to share information and develop a scope and plan of work appropriate to the incoming challenge.
 We assign the right investigator, all with deep public sector experience.

With a team of Qualified Managers and additional licensed or attorney investigators, MRG can respond to requests in a timely manner. We have members of our team who come from a variety of backgrounds and represent a diversity of cultures and experiences.  We listen to the client and seek to understand the history, challenges, and what a successful resolution could look like before we begin our neutral and objective factfinding.

As with all our work, we rely on staff’s knowledge, expertise, and effective collaboration on every project. Throughout the requested investigation services, we will collaborate with City staff to ensure the final report reflects a mutual understanding concerning the scope of the investigation between the City and MRG. Each project will be customized to achieve the objectives presented for each as-needed investigation or mediation.
 We are impartial and deliver reports that are easy to read and understand, right sized to the presenting challenges and obligations.
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City of Modesto – Response
Request for Proposal – MRG, LLC 5
We recognize the importance of presenting impartial, independent, and thorough investigation reports and findings regarding these sensitive situations.  We are professional, confidential, and reliable.

When presenting its investigation plan, MRG will identify staff members and others we believe are necessary to contact during the course of an investigation to ensure client expectations are met. MRG will not release any information regarding an investigation unless directed by our client. If requested to do so, MRG investigators are highly effective when interacting with community members, labor representatives, and other constituent groups. Typically, MRG will rely on logistical support from City employees such as helping identify individuals pertinent to an investigation, issuing investigation notices, and scheduling interviews. MRG will require all documents relevant to an investigation, such as a written complaint (if any), correspondence and email, organization charts, and access to personnel files. Documents may also include emails and e-files, text messages, personnel, and sensitive files, timelines, policies, procedures, handbooks, and relevant prior investigation materials. Initial determinations will be made as to who shall be interviewed, in what order, and for what purpose, subject to change.

Scope of Work
• MRG will conduct various types of investigative services, including but not limited to surveillance, investigative research, interviews, and background investigations.

We can provide referrals for undercover investigations people locates, Internet & E-mail tracing, computer examinations as well as electronic surveillance countermeasures.
• Consultant will perform services in compliance with state and federal laws, regulations, and best practices.
• Consultant to provide the appropriate scope of services as determined based on City case goals.
• Consultant is empowered to perform said services for and on behalf of the City, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interest of the City.
• The actual time and way the following investigative services are conducted shall be left to the sole discretion of the Firm.
• Conduct investigations compliant with the Public Safety Officers Bill of Rights Act (PSOBRA) and the Firefighter Bill of Rights (FOBR). Our team of investigators has a breadth of experience in workplace investigations including harassment, discrimination, and other employment-related complaints. MRG has investigators that hold POST Certification.
• Provide the appropriate scope of services based on the City’s case goals for each engagement.
• Perform said services for and on behalf of the City, and to do all things necessary, appropriate, or advisable in performing said services for and in the best interest of the City. To perform our services effectively, we require the full cooperation and support of all representatives from the City. You can assist us by keeping us fully informed as to facts and developments relevant to our investigative services. It is #17..
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essential that we receive accurate and complete information, including written materials when requested, and that involved personnel are available to the extent required.

As an independent investigator, MRG has the right to determine the means, manner, and findings related to the investigation. The City agrees to allow MRG full discretion to undertake the investigations and otherwise make findings without influencing or interfering with the outcome. The City understands and acknowledges that this Agreement is not dependent on MRG making or failing to make a particular determination, finding of fact, or conclusion.

QUALIFICATIONS OF CONSULTANTS
Mary Egan is the Chief Executive Officer who oversees our practice and provides high-level leadership for all our projects, as she would for this engagement with the City of Modesto.

Mary Egan, CEO, Qualified Manager, and Licensed Private Investigator, (California BSIS License No. PI24104), has extensive workplace investigative experience and a successful, growing conflict resolution and coaching practice area. Mary has taught the AWI (Association of Workplace Investigators) public-sector class and has since the inception of AWI. She has served on the Board of Directors as Chairperson of the Legislation Committee, as a faculty member at the AWI Institute, and as a member/author of the Guiding Principles Committee, on which she spent four years developing AWI’s published standards for workplace investigations.

Robert Brown, Qualified Manager and Licensed Private Investigator, (California BSIS License No.

PI189184) is an investigative professional who brings a unique skill set and over 27 years of experience to clients in the public and private sectors. His training and law enforcement experience in conducting administrative, criminal, and civil investigations enable him to serve clients in a diverse capacity. Robert’s extensive investigative expertise during his career with the California Highway Patrol and currently with his affiliation with MRG include PBOR and FBOR investigations. His combined knowledge of administrative processes and his very personable, professional demeanor, dedication, and ability to work with every level of command are well documented in commendations and certificates.

Fred Deltorchio, Consultant and Investigator – JD, (California State Bar No. 144451) is a past president of the Benicia Police Officers Association. Fred has significant experience addressing police personnel issues, including recruitment, investigations, evaluation, discipline, and termination. He has over 30 years of Law Enforcement experience and served as the Police Chief and Interim City Manager for the City of Hercules. Before that, he was with the Benicia Police Department for almost 18 years. Mr. Deltorchio managed Public Safety investigations, discipline, and termination of officers as a Police Commander and Police Chief for the City of Hercules. He has completed FBOR investigations with a successful outcome for the client and has finalized several POBOR investigations. Fred also attended the FBI National Academy and graduated with the 193rd Session.
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Ren Nosky, Consultant and Investigator – JD, (California State Bar No. 130726) is a practicing attorney since 1987 is experienced in conducting investigations into allegations of harassment, discrimination, retaliation, ethics violations, misuse of public resources, workplace fraud, violence, and other kinds of misconduct in the workplace. He has conducted personnel investigations, including high-profile and politically sensitive situations involving elected officials, law enforcement, department heads, and other high-ranking employees.

Michelle Fitzer, Consultant and Licensed Private Investigator, (Washington License 22001191) is a dynamic professional with expertise in Human Resources, Investigations, Mediations, Training, Labor Negotiations, Finance, and Public Administration. She negotiated shared service agreements for fire services and police dispatch services. She served as the staff liaison for City Council Teambuilding and citywide Strategic Planning processes. She is a skilled facilitator and has led many stakeholder groups to consensus on organizational and operational issues.

Martha Wilson, Consultant and Investigator – JD, (California State Bar No. 183919) is a seasoned member of the MRG investigative team and has conducted multiple investigations for various agencies, including claims of harassment, discrimination, and employee misconduct involving officers and administrators. In addition, to her employment experience, Martha has taught Civil Procedure at Cal Northern School of Law in Chico, where she is the Chair of the Faculty Senate and the Director of Institutional Research. Martha received her Juris Doctorate, magna cum laude. She is a member of the Association of Workplace Investigators and is trained in Advanced Mediation Practice through Pepperdine University’s School of Law Institute for Dispute Resolution.

Alana Forrest, Consultant and Licensed Private Investigator, (California BSIS License No.

PI1877859) is an experienced professional in both law enforcement and corporate security professions. During her 29-year career in law enforcement, she led all facets of operations and administrative functions in two police agencies, Palo Alto and Los Gatos/Monte Sereno. Ms.

Forrest has a passion for organizational and personal development, coaching, mentoring, and training. She co-founded the Women Leaders in Law Enforcement Symposium in partnership with the California Police Chiefs Association in 2006 and is now attended by multiple law enforcement professionals with a national following. She is a graduate of several outstanding leadership programs, including the LAPD Leadership, FBI National Academy, and the Senior Management Institute for Police at Boston University.

Gary Geren, Consultant and Investigator – JD, (California State Bar No. 137614) is an experienced judge and litigation attorney. He was an administrative law judge (ALJ) with the State where he conducted hundreds of hearings involving over 50 different state departments, agencies, and public entities. Judge Geren was a senior civil litigation attorney for the State of California where he received numerous exceptional service awards. In private practice, he consulted employers and employees in employment-related concerns involving both public and private sectors. He graduated with Honors from McGeorge School of Law and completed several multi-day courses at the National Judicial College, including courses on conducting efficient hearings, evaluating witness testimony, effective decision writing, and advanced #17..
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mediation training; he has mediated over 300 matters. Judge Geren lectured nationally on public entity liability, has an article published concerning the Freedom of Information Act and its role in litigation, and was a California State Bar-approved provider for Mandatory Continuing Legal Education, where he lectured on public entity litigation.

Dorian West Blair, Consultant and Investigator – JD, (California State Bar No. 171387) has almost 30 years of employment law and human resources experience and is a seasoned workplace investigator having investigated and overseen hundreds of investigations primarily for public sector employers. She specializes in investigations of claims of discrimination, harassment, and retaliation based on protected categories, but is also skilled in investigating claims of workplace violence, policy violations, misconduct, wage and hour, and safety. Dorian earned her Juris Doctorate from Stanford Law School and a Bachelor of Arts in Communications Studies from UCLA, where she graduated cum laude. She is a member of the Association of Workplace Investigators, an active member of the State Bar of California, and an inactive member of the D.C. Bar.

Lisa Sullivan, Qualified Manager and Licensed Private Investigator, (California BSIS License No.

PI28436) has designed industry-leading and award-winning continuous improvement programs resulting in significant and measurable organizational performance improvements. Lisa is also a talented private investigator and a California POST Certified Background Investigator. She conducts all manner of workplace investigations: employee misconduct, discrimination/harassment complaints, Title V and Title IX complaints, executive reference checks, and law enforcement background investigations. Lisa’s investigations are professional, independent, efficient, and thorough. Lisa earned a Bachelor of Arts in Management with honors and other distinctions from Saint Mary’s College of California.

Rudy Escalante, Qualified Manager and Licensed Private Investigator, (California BSIS License No. PI88047) is a highly experienced private consultant who provides executive leadership and professional management services. He has over thirty years of experience serving California communities as a Public Safety officer. While a Chief of Police, he participated in the Law & Legislative Committee for the California Police Chief’s Association and was the chair of their Firearms Committee. Rudy is an instructor for the South Bay Regional Public Safety Training Consortium where he teaches personnel investigations to newly promoted police sergeants.

Mr. Escalante is a graduate of the FBI National Academy in Quantico, VA. He holds a master’s degree in public administration from San Jose State University, a BS in Business Management from University of Phoenix, and an AS degree in Criminal Justice from Cabrillo College. He holds certifications for public safety and leadership, including POST Executive Development courses and trainings. He is a licensed private investigator experienced in conducting complex workplace investigations.

Nicole Bussi, Consultant and Investigator – JD, (California State Bar No. 252763) is an experienced employment attorney investigator, who understands that the failure to conduct a fair, reasonable, and comprehensive investigation can lead to widespread workplace issues and severe problems for a company. Her focus is to conduct investigations that guide appropriate #17..
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employment decisions and protect all parties involved. Nicole spent many years providing employment counsel to clients to enable growth while helping them assess and diminish risk.

She has worked with a broad range of businesses and agencies, from Fortune 500 companies, healthcare, and emerging nonprofits, to the public sector. In addition to handling internal and external investigations, she has litigated claims in state and federal court. She is a member of the California Bar, Marin County Bar, Association of Workplace Investigators, and Society for Human Resources Management. She obtained her J.D. from UC Law San Francisco (formerly UC Hastings College of the Law) and completed her undergraduate education at Santa Clara University.

William (Bill) Litt, Consultant and Investigator – JD, (California State Bar No. 166614) is an experienced workplace investigator dedicated to providing impartial and timely services for client agencies. He has extensive litigation experience, including federal and state trials, writs, and appeals. Bill spent over sixteen years handling litigation and employment matters as a Deputy County Counsel for Monterey County. He has considerable experience advising on public sector employment issues, such as the rights of government employees generally, the relevance of applicable memoranda of understanding, and the Public Safety Officers’ Procedural Bill of Rights Act (POBRA). Bill earned a Bachelor of Arts degree with distinction from Cornell University and a Juris Doctor degree from the UCLA School of Law. He has attended various ADR programs, including “Masters of Mediation,” and completed the Monterey County Superior Court’s training for temporary judges. He also served on the Monterey County Superior Court Joint Committee on the Elimination of Bias. Bill is a member of the Association of Workplace Investigators and is an AWI certificate holder.

The entire team of MRG-affiliated consultants and the full list of MRG Investigators can be found at www.Solutions-MRG.com. The full biographies are attached as Attachment A. The Investigation Team organizational chart is listed below. #17..
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Organizational Chart
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EXPERIENCE OF MRG
MRG was founded in 2009 by highly skilled and broadly experienced professionals. The MRG Investigation Team has built its practice around conducting fair, prompt, and professional workplace investigations. Our team of seasoned licensed private investigators and attorney investigators have a wealth of relevant and current experience; a vast majority of our workplace investigations are in public agencies.

MRG consultants are independent contractors, most of whom have held executive and upper management positions in public agencies. Our team of investigators has a breadth of experience in workplace investigations including PSOBRA, FBOR, harassment, discrimination, and other employment-related complaints. whistle-blower claims, retaliation, employee misconduct, and other similar employment-related complaints including interaction with CRD and EEOC.

Services Provided: Workplace Investigations, Conflict Resolution, Mediation, Facilitation, Training, Project Management, Human Resources Services, Organizational Assessments, Recreation, Parks and Community Service, Public Safety Studies, Leadership Coaching and Development.

Consultants: MRG has 6 Qualified Managers and 10 additional licensed private investigators or attorney investigators. MRG also has approximately 70 subject matter experts with a variety of public sector experience who can support investigations as needed.

Years of Experience: 15 years
List of References
Agency: City of Albany
Address: 1000 San Pablo Ave.

Albany, CA 94706
Contact: Chief John Geissberger, Chief of Police
Phone: (510) 525-7300; Fax No. n/a
Email: [email protected]
Investigator: Fred Deltorchio
Cost: $20,695
Description: The City of Albany has engaged the services of an MRG investigator for select POBOR investigations. The investigation process and final reports were satisfactorily completed for all requests.

Agency: City of Oakland
Address: 150 Frank H Ogawa Plaza 2nd Floor
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Oakland, CA 94612
Contact: Artisha McCullough, EEO & Civil Rights Director Phone: (510) 238-6468; Fax No: n/a
Email: [email protected]
Investigators: Ren Nosky, Nicole Bussi, Martha Wilson, Robert Brown, Michelle Fitzer Cost: $59,670
Description: MRG has a multi-year agreement with City of Oakland to conduct investigations in various departments and employee complaints ranging from discrimination, retaliation, FBOR, POBOR and misconduct. The investigative process and final reports were completed satisfactorily for all requests.

Agency: El Dorado County
Address: 330 Fair Lane
Placerville, CA 95667
Contact: Misty Garcia, Principal Human Resources Analyst Phone: (530) 621-5388; Fax No. n/a
Email: [email protected]
Investigators: Robert Brown, Lisa Sullivan, Fred Deltorchio, Michelle Fitzer, Ren Nosky, Bill Litt, Gary Geren
Cost: $250,000
Description: MRG has partnered with the County of El Dorado since 2012 for various consulting and investigative services. The investigative team has conducted both in-person and remote investigations at the County’s discretion. The County and MRG coordinate promptly to ensure their requests are addressed in the most efficient manner. The investigative process and final reports were completed satisfactorily for all requests.

Agency: Yolo County
Address: 625 Court Street, Room 202
Woodland, CA 95695
Contact: Alberto Lara, Director of Human Resources
Phone: (530) 666-8149; Fax No. n/a
Email: [email protected]
Investigator: Lisa Sullivan
Cost: $13,500
Description: Yolo County engages with MRG on a case-by-case basis. MRG Investigator Lisa Sullivan has completed complex matters. All investigatory processes have been concluded, and final reports have been accepted.

Agency: Humbolt County
Address: 825 5th Street, Room 100
Eureka, CA 95501
Contact: Zach O'Hanen, Director of Human Resources
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Phone: (707) 476-2350; Fax No. n/a
Email: [email protected]
Investigators: Fred Deltorchio, Michelle Fitzer, Rudy Escalante, Bill Litt Cost: $118,167
Description: The County has a multi-year agreement for MRG services for Human Resources consulting and a separate investigations services agreement.

MRG has worked with various departments throughout the County.

Current matters excluded, the final reports were completed satisfactorily.

COST, SCHEDULE & DEADLINES
Qualifications of Firm
As a Consulting Firm, our team of investigators have decades of varied experience conducting workplace investigations, including allegations of discrimination, harassment, whistle-blower claims, retaliation, employee misconduct, and other similar employment-related complaints, including interaction with the state Civil Rights Department (CRD), the federal Equal Employment Opportunity Commission (EEOC), and the State Department of Industrial Relations. As provided earlier, the investigators have a breadth of experience complying with PSOBRA, FOBR, as well as having POST Certified Background qualifications.

In addition to its technical expertise, MRG understands that each organization is unique. As former public-sector professionals, MRG investigators understand public-sector structures and processes and, thus, have the experience and ability to work effectively with staff, community groups, and other stakeholders. MRG strives to understand its client’s expectations, organizations, and practices. MRG investigators seek to understand the relevant facts, relationships, and dynamics influencing each investigation at the beginning of every investigation. Before beginning our work, when requested or in large or complex matters, MRG presents its investigation plan, including scope and logistics, to ensure clients’ expectations are incorporated accurately. MRG ensures that our clients are informed about our engagements throughout the investigative process.

Professional Fees and Estimated Expenses
The City of Modesto agrees to pay MRG Investigators at the rate of $350.00 per hour for investigative services. CEO and Principal Investigator Mary Egan will bill time at $400 per hour.

When appropriate, MRG uses an administrative specialist at $125.00 per hour to handle work commensurate with their experience and expertise. Employers have an obligation to conduct a thorough investigation. Often new facts and witnesses are discovered through the investigative process. As such, any estimates are for planning purposes only. We also understand the need to manage costs and do all we can to balance these concerns. We will notify you if the scope or witness list expands dramatically. MRG will bill for reasonable travel time from the Investigator’s location. Time charged will include, for example, time spent interviewing witnesses, writing the report of findings, and performing necessary research. The time charged #17..
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will also include the time MRG spends on telephone calls relating to your matter, including calls with witnesses, potential witnesses, or counsel representing any of the parties. We reserve the right to adjust the rate up 10% per year for additional years beyond year one.

Costs. MRG may incur minor costs and expenses in performing services under this Agreement.

The invoice for this matter will include all costs and expenses incurred, in addition to the hourly fee. Reimbursable expenses include, but are not limited to, mileage reimbursement at the current IRS rate, transcriptions, postage, document production costs, parking, tolls, travel accommodations (such as hotel) as needed, and electronic files as needed.

Compensation for Post-Investigative Work. Each engagement shall be considered concluded after MRG has provided a final invoice for an investigation. After the conclusion of each engagement, should a need arise for MRG to respond to any subpoena, or to otherwise provide deposition or trial testimony about the matter, the City shall compensate MRG and if needed, legal counsel at its then applicable rates for time expended, including time involved in preparing for such deposition or testimony, or responding to any subpoena.

Principal, Mary Egan, Qualified Manager $400.00 per hour Workplace Investigators $350.00 per hour
Post Investigative Deposition/Testimony $350.00 per hour Administrative Specialist $125.00 per hour
List of Previous Clients
MRG currently provides investigative services to several public and private sector agencies in California and other states. MRG performs approximately 40-50 investigations per year. We will provide additional contact information for references upon request. The matters are confidential, but the client would provide a reference for our services. The following is a list of representative previous clients that MRG has provided similar investigative services.

California Association of Realtors City of Lodi
California State University System City of Los Altos
City College of San Francisco City of Madera
City of Alameda City of Merced
City of Albany City of Modesto
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City of Antioch City of Napa
City of Benicia City of Oakdale
City of Colfax City of Oakland
City of Fairfield City of Palo Alto
City of Gilroy City of Pasadena
City of Half Moon Bay City of Richmond
City of Hayward City of Rocklin
City of Henderson, NV City of Salinas
City of Hercules City of San Rafael
City of Tracy County of Sacramento
City of Vacaville County of Sutter
City of Vallejo County of Yolo
City of Watsonville County of Yuba
County of Alameda Delta San Joaquin Community College
County of Butte Dublin San Ramon Services District
County of Contra Costa County East Bay Municipal Utilities District County of El Dorado Kern Community College District
County of Humboldt Lathrop Manteca Fire Department
County of Lake Livermore Area Recreation & Parks District County of Mariposa Merced Irrigation District
County of Placer Port of Oakland
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Principal Staff Contacts
Principal/CEO Mary Egan: (916) 261-7547, [email protected] Business Manager Andi Stanley: (916) 501-3748, [email protected] Administrative Manager Doreen Birchell: (209) 280-6263, [email protected]

ADDITIONAL SERVICES
In addition to Workplace Investigations, MRG is a full-service consulting firm dedicated to assisting public agency and private sector clients by providing clients with the following additional services: Project Management, Human Resources Services, Financial Management and Fiscal Sustainability, Recreation, Parks and Community Service, Public Safety Studies, Leadership & Organizational Assessments.

OTHER INFORMATION
Certificate of Insurance
MRG maintains the required insurance certificate with additional endorsements for the City.

See Attachment B.

Business License
MRG has a current Business License on file with the City #1288514, which renews on 12/31/24. #17..
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Attachment A
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Mary Egan – Chief Executive Officer

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 261-7547
[email protected]
Mary is highly skilled at Executive Coaching, Workplace Investigation, and Conflict Resolution and often uses those skills, along with her considerable experience, when advising her clients regarding employment-related risk mitigation, strategic planning, and interest-based problem resolution. Mary’s specialties are assisting governing boards and government leaders with executive-level performance evaluations, organizational problem analysis, and skillful resolution, as well as coaching key employers to address deficiencies and maximize organizational impact.

As a Private Investigator licensed by the State of California, Mary has handled hundreds of workplace investigations for both private sector and public employers on all types of employment matters over the last several years, including claims of discrimination, harassment, retaliation, whistleblowing, substance abuse, threats of violence, assault, theft, fraud, violations of company policies, wage and hour violations, and other forms of alleged misconduct.

Mary is experienced in testifying during administrative and judicial proceedings regarding completed investigations and provides expert testimony on the adequacy of workplace investigations, human resource practices, and public sector employment standards and expectations. She is also qualified as an expert in State Court on the adequacy of investigations.

Mary’s commitment to and passion for improving the quality of workplace investigations nationwide is demonstrated by her role with the Association of Workplace Investigators (AWI, formerly, California Association of Workplace Investigators). She is a founding member of AWI, formed in October 2009, and spent four years developing the AWI’s published standards for workplace investigations and serving as a faculty member at the Workplace Investigation Institute.

In addition to investigations and expert testimony, Mary facilitates staff retreats, team-based problem-solving, and labor management committees, works with elected boards to define the performance expectations of their key managers, and serves as a neutral factfinder in the resolution of employer/employee issues.

Prior to joining MRG, Mary held key positions with both the City of Sacramento and the City of San Jose, where she was the Employee Relations Officer and Chief Negotiator. While with Shannon Associates, Mary managed recruitments for high-level appointed executives, as well as complex HR assessments for large and complex clients. She continued her consulting services with high-profile clients after starting her own firm in 2001 and maintains long-term relationships with cities and counties in California. Mary is a recognized expert in municipal government interest arbitration.

In addition to her significant field experience with major clients, Mary earned a Bachelor of Science degree in Applied Behavioral Sciences from the University of California, Davis, where she was named “Outstanding Female Graduate,” and a Master of Public Administration (MPA) degree from San Francisco State University. Mary is a founding member of the California Association of Workplace Investigators (CAOWI), participating as Chairperson of the Legislation Committee and member of the Best Practices Committee.

Mary is a frequent presenter at conferences, seminars, and meetings of several professional organizations, including the League of California Cities, the International Public Management Association (IPMA), the California Public Employers Labor Relations Association (CALPELRA), the Municipal Management Assistants of Northern California (MMANC), and the California State Association of Counties (CSAC). She serves as an external advisor to the California Democratic Party working group on sexual and racial harassment and misconduct. In 2018, Mary was recognized by the Sacramento Business Journal as a recipient of the Women Who Mean Business award.
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P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Robert Brown – Investigative Services

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 220-4496
[email protected]
Robert Brown is a law enforcement consulting professional who brings a unique skill set and over 27 years of experience to client agencies. During his career with the California Highway Patrol, he was selected to serve in several specialized units within the department including special investigator, department training officer, tactical team member, and administrative supervisor at the Region Traffic Management Center. His professionalism, dedication, and ability to work with every level of command are well documented in the form of commendations and certificates.

Recently retired from the California Highway Patrol, Robert has turned his skill set to the public and private sectors as a subject matter expert. He is a licensed Private Investigator and Qualified Manager.

His training and experience in conducting investigations that have criminal, civil, and administrative components enable him to serve clients in a diverse capacity. In addition to his investigative skills, Robert has expertise in:
• Practical application of personnel rules and policy to set workforce expectations • Administration of the progressive discipline model to achieve behavior modification • Employee evaluations and documentation
• Leadership development
Paralleling his law enforcement career, Robert has been elected to, and currently serves on several community boards and committees. He has led and contributed to strategic planning, finance, and budget management, audits and inspections, union negotiations, personnel evaluation, and policy development.

Robert’s extensive investigative experience, combined with his knowledge of administrative processes and a very personable, professional demeanor, make him a valuable member of the MRG consultant group.
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P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Fred Deltorchio – Investigations, Law Enforcement Organizational Management

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (707) 853-1024
[email protected]
Fred Deltorchio has extensive experience in workplace investigations for public and private clients. He regularly conducts complex investigations concerning misconduct, harassment, or substandard management practices. Fred speaks to Human Resources and Management groups on proper handling of workplace investigations. He has significant experience addressing police personnel issues including recruitment, investigations, evaluation, discipline, and termination.

Fred has over 30 years of Law Enforcement experience and served as the Police Chief and Interim City Manager for the City of Hercules, California. Prior to that, Fred was with the Benicia Police Department for almost 18 years.

As Police Chief for the City of Hercules, Fred coordinated the introduction of the Motorcycle Traffic Unit, the School Resource Officer Program, the Citizen Police Academy, and the “Every 15 Minutes Program”.

He provided required Workplace Discrimination and Harassment Prevention Training to all Hercules City staff and also personally filed oppositions and represented the Police Department in “Pitchess” motion hearings.

During his tenure as Interim City Manager, Hercules faced a high-profile financial crisis, which required general fund expenditures to be reduced by 30 percent. Fred led successful renegotiations of City contracts with all labor bargaining units and achieved necessary reductions of staff and program expenditures.

Fred has his Juris Doctor Degree from John F. Kennedy University College of Law and is a member of the California Bar Association. He graduated from California State University at Hayward with a bachelor’s degree in History. Fred also attended the FBI National Academy and graduated with the 193rd Session. #17..
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P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Ren Nosky – Workplace Investigations

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (831) 666-7350
[email protected]
Ren Nosky is experienced in conducting investigations into allegations of harassment, discrimination, retaliation, ethics violations, misuse of public resources, workplace fraud, violence, and other kinds of misconduct in the workplace. He has conducted all forms of personnel investigations, including high-profile and politically sensitive situations involving elected officials, law enforcement, department heads and other high-ranking employees.

Ren, a practicing attorney since 1987, has over 25 years’ experience representing public agencies. He has served as the in-house City Attorney for the cities of Salinas, Stockton, and Santa Clara. While in private practice, he has also served as the general counsel for many other public agencies, including several special districts and other local government bodies.

As an accomplished public attorney, Ren has interfaced with elected officials and executive level staff members on virtually every significant issue that local governments face today. He has also successfully managed several public law departments and been responsible for their efficient operations. Ren retired from CalPERS in June of 2017 and holds a B.A. in Economics and a Juris Doctor from University of the Pacific.
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Michelle Fitzer – Investigations and Human Resource Services

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (925) 437-4529
[email protected]
Michelle Fitzer is a dynamic professional with expertise in the fields of Human Resources, Finance and Public Administration. During her 30 year career in the public sector, Michelle has undertaken complex projects ranging from JPA negotiations to comprehensive classification and compensation analysis to leading service department consolidations.

In the Human Resources area, Michelle is experienced in organizational assessments, rule and policy development and labor negotiations using both positional and interestbased bargaining methods. She is also adept at training and mediation. Michelle is a licensed private investigator (State of California #PI188883 and the State of Washington #22001191) and has conducted several complex and sensitive workplace investigations, both during her full-time career and as a consultant. Investigation matters range from harassment, public finance, retaliation, governance and various workplace misconduct issues.

Michelle is also highly skilled in Finance, with extensive experience in operational and CIP budget preparation/management, long-range financial planning, and expenditure evaluation and reduction strategies. She is an expert in the financial aspects of organizational planning and compensation.

Michelle’s city administration experience includes serving as City Manager, Assistant City Manager and Administrative Services Director. She has had responsibility and oversight of Economic Development and Redevelopment functions, City Clerk’s Office and Strategic Planning. She negotiated shared service agreements for fire services and police dispatch services, and has negotiated the sale of several former RDA properties. She served as the staff liaison for City Council Teambuilding and citywide Strategic Planning processes. She is a skilled facilitator and has led many stakeholder groups to consensus on organizational and operational issues.

Michelle has a Bachelor’s degree in Psychology, and a Master’s degree in Business Administration with a Human Resources Management emphasis.
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Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Martha K. Wilson – Human Resource Services

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (530) 518-5863
[email protected]
Martha Wilson provides a wide variety of services and guidance to all levels of staff in the California public sector, specializing in County Government. She conducts complex workplace investigations for public and private employers.

After a successful career in mortgage banking, Martha started working in California’s public sector as a Deputy County Counsel for the County of Yuba in March 1998. In January 2007 she accepted the position of Personnel Director/Risk Manager for that County where she remained until her retirement in April 2015. In her tenure with Yuba County, she managed challenging issues while maintaining strong working relationships with administrators, managers, employees, and union representatives. Examples of her work include reorganization of the Personnel Department into the Human Resources and Organizational Services Department, reductions in work force and costs of services, concession bargaining, development of the County Strategic Plan, and the Yuba Academy, which is an employee development and executive leadership series.

Martha has managed disciplinary and grievance processes and developed labor strategies with executive and elected officials throughout County government. She has experience in preparing for negotiations and has negotiated at the bargaining table. She has an in-depth knowledge of the budget process and is an expert in human resources functions, including recruitment and retention, on-boarding, classification and compensation, discipline, training development and delivery, benefits, risk management, and disaster preparedness and response.

In addition to her employment with the County of Yuba, Martha was an adjunct faculty member for 30 years at California State University, Chico, teaching in the Communication Arts and Sciences Department. Martha taught Civil Procedure at Cal Northern School of Law in Chico, California, where she was the Chair of the Faculty Senate. She is the Director of Institutional Research and the Diversity, Equity and Inclusion Officer for the law school.

Martha received her Juris Doctorate, magna cum laude, from Cal Northern School of Law, and a bachelor’s degree in Communication from the University of Vermont. She is a Senior Professional in Human Resources (SPHR), is a member of the Association of Workplace Investigators, and is trained in Advanced Mediation Practice through Pepperdine University’s School of Law Institute for Dispute Resolution. She currently provides mediation services to the Butte County Superior Court in Small Claims, Unlawful Detainer and Civil Harassment.
#17..
- 895 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Alana Forrest – Investigations, Policy & Leadership Development

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (408) 476-9574
[email protected]
Alana Forrest is an experienced professional in both law enforcement and corporate security professions. During her 29-year career in law enforcement, she led all facets of operations and administrative functions in two police agencies, Palo Alto and Los Gatos/Monte Sereno. Ms. Forrest has a passion for organizational and personal development, coaching, mentoring, and training. She co-founded the Women Leaders in Law Enforcement Symposium as a partnership with the California Police Chiefs Association in 2006 and is now attended by multiple law enforcement professionals with a national following.

Ms. Forrest retired from public service in 2012 to pursue leadership roles in corporate security.

She has served as Director of Corporate Security for Security Industry Specialists, Pixar Animation Studios, Oracle, and Intuit. Ms. Forrest provided global managerial expertise and leadership in:
• Strategic planning
• Global operations
• Training
• Protective intelligence
• Risk assessments
• Crisis management
• Workplace violence
• Environmental health and safety
• Technology systems and software
• Investigations
• Organizational development
Alana earned a Master of Arts (MA) in Education from San Jose State University, a Bachelor of Science (BS) in Criminal Justice from Cal State East Bay and holds a California Private Investigator’s License. She is a graduate of several outstanding leadership programs, including the LAPD Leadership, FBI National Academy, and the Senior Management Institute for Police at Boston University. Based on a strong value of volunteerism, Alana has served in executive positions for four non-profit boards, Kiwanis Club of Los Gatos, YWCA Silicon Valley, and ASIS International, SF Bay Area Chapter, and currently serves as Vice President of the Women Leaders in Law Enforcement Foundation.
#17..
- 896 -
Main Office
P. O. Box 561
Wilton, CA 95693
(866) 774-3222
Visit us at: www.Solutions-MRG.com
Sacramento Area
Bay Area
Los Angeles Area
Gary A. Geren – Workplace Investigations

MUNICIPAL RESOURCE GROUP, LLC
Telephone: (916) 201-8455
[email protected]
Gary Geren is an experienced attorney and judge with a proven record of fairness and professionalism. Judge Geren has an innate ability to write concise decisions making even the most complex matters easily understood which provides a broad foundation for investigative analysis and reporting. In private practice since 2015, he has provided consulting services to employers and employees regarding employment-related concerns involving both public and private sectors.

Prior to affiliating with MRG, Gary was an administrative law judge (“ALJ”) with the State of California (Office of Administrative Hearings for seven years and a year with the Department of Social Services), where he conducted hundreds of hearings involving over 50 different state departments, agencies, and public entities. His decisions were all affirmed on appeal and reviewing courts found his analyses to be “thoughtful and well-reasoned” and “thoroughly and carefully” decided.

He was well-respected for creating a courtroom environment where witnesses were respectfully treated, all parties knew their matters would be fairly considered, and he would ask unbiased, clarifying questions to ensure a clear and accurate record was made.

Modesto City CouncilAugust 13, 2024

Modesto City Council
August 13, 2024