Agenda packet — Modesto City Council, December 3, 2024 (part 3 of 5)

year thereafter unless one of the parties requested to terminate said agreement with a notice of no less than 120 days.

On May 26, 2011, a First Amendment was made to the original agreement changing the methodology of the annual cost per bill increase, utilizing the Consumer Price Index for the Bay Area rather than the Consumer Price Index for the State of California. This amendment did not address the automatic extension clause, and the agreement continued each year thereafter with no defined termination date.

On February 26, 2019, Council approved Resolution 2019-78 for a Second Amendment to extend the agreement through December 31, 2019, to allow time for staff to complete a comprehensive review of the agreements and enter into new agreements with the garbage companies addressing any deficiencies and defining a term date.

On December 10, 2019, Council approved Resolution 2019-546 for an agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform billing and collection services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for two years with three one-year extension options.

DISCUSSION:

It is critical the City recover the costs of billing and collection on behalf of the garbage companies while maintaining revenues that support the General Fund. As part of the budget process, staff routinely conduct a detailed cost analysis of the methodology utilized to determine the current cost per bill, the frequency of reconciliation of revenues, and recovering the City’s costs for ownership of bad debt incurred on uncollectible balances. The current charge per bill as of July 1, 2024, is $2.01. Based on current cost analysis, the charge per bill will remain $2.01 as of January 1, 2025.

As part of the new agreement, City staff recommended utilizing the Consumer Price Index for the West Region which aligns with the index utilized for the City’s vendor contractual agreements due to City of Modesto residing in this specific index region. The charge per bill is adjusted by the City on an annual basis for inflation at no more than the annual increase listed in the Consumer Price Index (CPI) for the West Region for the period of January 1st to December 31st of the prior year. This annual CPI increase is effective July 1st each year. In addition, the City reserves the right to conduct an annual cost analysis at any time during the year. In the event the analysis determines the City is no longer recovering costs to provide service as identified in the Scope of Services (Exhibit A), the City reserves the right to adjust the cost per bill accordingly with a 90-day notification to both garbage companies.

FISCAL IMPACT:

The Utility Billing Division collects garbage charges on behalf of the two respective garbage companies contracted with the City and the City’s solid waste fees on behalf of the Solid Waste Division. On the monthly utility bill in Fiscal Year 2020 through Fiscal Year 2024 the following was billed and collected:
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City Council, December 3, 2024
Billing and Collections Agreements with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc.

Page 3 of 3 ends

Fiscal Year Number of Bills Garbage
Revenues Billed
Billing Fees Collected by City
2024 630,337 $27,628,551 $1,140,902
2023 629,686 $23,596,371 $1,051,576
2022 628,684 $18,718,336 $980,747
2021 626,618 $18,091,559 $964,992
2020 623,933 $17,602,504 $885,560
COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee on October 21, 2024, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options, and authorizing the City Manager, or his designee, to execute the Agreements.

Approved by:

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

1. Resolution

2. Agreement for Billing and Collections Services with Bertolotti Disposal, Inc.

3. Agreement for Billing and Collections Services with Gilton Solid Waste, Inc.

4. Exhibit A - Scope of Services
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12/03/2024/Finance/JMartin/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING AN AGREEMENT WITH GILTON SOLID
WASTE MANAGEMENT, INC. AND BERTOLOTTI MODESTO DISPOSAL, INC. TO PERFORM BILLING AND COLLECTION SERVICES FOR CERTAIN

SOLID WASTE REMOVAL PROVIDED TO SINGLE-FAMILY RESIDENTIAL

CUSTOMERS WITHIN THE CITY LIMITS OF MODESTO FOR A TWO-YEAR

AGREEMENT WITH THREE ONE-YEAR EXTENSION OPTIONS, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENTS
WHEREAS, the Modesto Municipal Code Section 5-5.135 entitled “Collection of Solid Waste Charges” allows for the City to enter into an agreement with the garbage haulers hereby the City will bill and accept payments for certain solid waste service charges on behalf of the garbage companies, and
WHEREAS, the charges are billed on the monthly City utility bill along with other applicable City utility services such as water, sewer, and storm drain, and WHEREAS, on April 26, 2005, Council approved Resolution No. 2005-185 authorizing the execution of an agreement with Gilton Solid Waste, Inc. and Bertolotti Modesto Disposal, Inc., for the City of Modesto to provide these billing and collection services on behalf of the two garbage companies, and
WHEREAS, on May 26, 2011, a First Amendment was made to the original agreement changing the methodology of the annual cost per bill increase, utilizing the Consumer Price Index for the Bay Area rather than the Consumer Price Index for the State of California, and
WHEREAS, on February 26, 2019, Council approved Resolution 2019-78 for a Second Amendment to extend the agreement through December 31, 2019, to allow time for staff to complete a comprehensive review of the agreements and enter into new agreements #13..
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12/03/2024/Finance/JMartin/Item X 2 2024-XX
with the garbage companies addressing any deficiencies and defining a term date, and WHEREAS, on December 10, 2019, Council approved Resolution 2019-546 for an agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform billing and collection services for certain solid waste removal provided to singlefamily residential customers within the City limits of Modesto for two years with three oneyear extension options, and WHEREAS, it is critical the City recover the costs of billing and collection on behalf of the garbage companies while maintaining revenues that support the General Fund, and
WHEREAS, staff routinely conduct a detailed cost analysis of the methodology utilized to determine the current cost per bill, the frequency of reconciliation of revenues, and recovering the City’s costs for ownership of bad debt incurred on uncollectible balances, and WHEREAS, the current charge per bill as of July 1, 2024, is $2.01 and based on current cost analysis, the charge per bill will remain $2.01 as of January 1, 2025, and WHEREAS, City staff recommended to utilize the Consumer Price Index for the West Region which aligns with the index utilized for our vendor contractual agreements due to City of Modesto residing in this specific index region, and
WHEREAS, the charge per bill is adjusted by the City on an annual basis for inflation at no more than the annual increase listed in the Consumer Price Index (CPI) for the West Region for the period of January 1st to December 31st of the prior year, and WHEREAS, this annual CPI increase is effective July 1st each year, and WHEREAS, the City reserves the right to conduct an annual cost analysis at any time during the year and in the event the analysis determines the City is no longer recovering costs #13..
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12/03/2024/Finance/JMartin/Item X 3 2024-XX
to provide service as identified in the Scope of Services (Exhibit A), the City reserves the right to adjust the cost per bill accordingly with a 90-day notification to both garbage companies.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two (2) year Agreement with three (3) one (1) year extension options.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 2024, by _________________, who moved its adoption, which motion being duly seconded by __________________, 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
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AGREEMENT FOR BILLING AND COLLECTION SERVICES FOR
BERTOLOTTI MODESTO DISPOSAL, INC.

THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 3th day of December, 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and BERTOLOTTI MODESTO DISPOSAL, INC., a California corporation, hereinafter referred to as "Collector".

This Agreement is made with regard to the following recitals:

A. In accordance with Section 5-5.135 of the Modesto Municipal Code entitled “Collection of Solid Waste Charge”, Collector desires to enter into an agreement with City whereby City will bill and accept payments for certain solid waste service charges for Collector.

B. City is willing to bill and accept payment for certain solid waste services for Collector in accordance with the provisions of Section 5-5.135 of the Modesto Municipal Code.

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.

City 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" (the “Services”).

2. TERM OF AGREEMENT.

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

Year 1: January 1, 2025 through December 31, 2025
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Year 2: January 1, 2026 through December 31, 2026
Year 3: January 1, 2027 through December 31, 2027
Year 4: January 1, 2028 through December 31, 2028
Year 5: January 1, 2029 through December 31, 2029

3. COMPENSATION.

Based on City’s cost analysis to provide billing and collection services, Collector agrees to pay CITY $2.01 per generated bill effective January 1, 2025, and in accordance with Exhibit "A" attached hereto. The per bill charge will be adjusted by the City effective July 1st of each year beginning July 1, 2025, on an annual basis for inflation at no more than the annual increase listed in the West Region Consumer Price Index (CPI). Such adjustments shall be made for the upcoming year as part of the annual maximum rate review process and shall be factored into the maximum rates. Collector shall be notified in writing by the City in advance of such adjustments. The City reserves the right to conduct an annual cost analysis to provide services; in the event the analysis determines the City is no longer recovering costs to provide services as identified in Scope of Services (including the cost of write offs of uncollected accounts), City reserves the right to adjust cost per bill accordingly with 90-day notification to Collector.

4. OBLIGATIONS OF COLLECTOR.

Throughout the term of this Agreement, Collector shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Collector agrees to pay City its proportional one-third of printing costs for public education materials based on its customer count as a percentage of total City garbage collection customers. #13..
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5. OBLIGATIONS OF CITY.

City shall perform all services as described under Exhibit A, (the “Services”).

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All materials, documents, data or information obtained from the City data files or any City medium furnished to Collector in the performance of this Agreement will at all times remain the property of the City. No reports shall be used by the Collector for purposes other than this contract without the express prior written consent of City. Such data or information may not be used or copied for direct or indirect use by Collector after termination of this Agreement without written consent of the City. In the event of a termination of the Agreement the City will work with Collector to provide a detailed listing of all billed customers, locations and services provided to allow Collector to take over billing.

7. NEWS AND INFORMATION RELEASE.

Collector 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. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Collector to modify the scope of #13..
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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 change in the scope of work.

Until an amendment is fully executed, all terms of agreement will remain in place.

9. NOTICES.

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

FOR COLLECTOR:

Name: Bertolotti Modesto Disposal
Address: P.O. Box 157
Ceres, CA. 95307
Attention: Steve Holloway
Phone: (209) 537-8000
E-mail: [email protected]
FOR CITY:

Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Purchasing Division
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Phone: (209) 577-5405

10. INSURANCE REQUIREMENTS.

The Collector shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $ 1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single 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; and professional liability.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.

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 Collector shall promptly obtain a new policy, submit the same to the Risk Manager for approval and #13..
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submit a certificate thereof as hereinabove provided. Upon failure of the Collector 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 Collector to obtain and/or maintain any required insurance shall not relieve the Collector from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Collector concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Collector for the City. The Collector'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 Collector must deliver certificates evidencing existence of the insurance called for in the contract specifications to the City Clerk at the time the contract is signed.

11. TERMINATION OF AGREEMENT.

Either party may terminate the contract, in whole or in part, in its unilateral discretion for any or no reason by providing at least ninety (90) days written notice to the other of it desire to terminate.

Termination on Occurrence of Stated Events
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This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of Collector, (2) legal dissolution of Collector.

Termination by City for Default of Collector
Should Collector 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 Collector. 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 Collector, dishonesty or theft.

Termination by Collector for Default of City
Should City default in the performance of this Agreement or materially breach any of its provisions, at its option Collector may terminate this Agreement by giving written notice to City. 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 cooperate reasonably with Collector, willful destruction of Collector's property by City, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Collector'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 #13..
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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.

In the Event of Termination
If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, Collector will pay City an amount based on the percentage of work completed on the termination date; this percentage shall be determined by City in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Collector, Collector understands and agrees that City may, in City's sole discretion, refuse to pay Collector for that portion of Collector's services which were performed by Collector 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 provide Collector with a detailed listing of most current customer billing information, including services billed for at each location, in an effort to assist Collector in transition of billing back to Collector.

12. INDEMNITY.

Collector, its agents, officers and employees shall defend, indemnify, and hold harmless City, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or omission of Collector 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. #13..
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Collector'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 Collector to procure and maintain a policy of insurance.

13. ENTIRE AGREEMENT.

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

14. 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.

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

16. AUDIT.

City 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 City services. City's representative shall have the right to reproduce any of the aforesaid documents.

17. GOVERNING LAW.

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

18. HEADINGS NOT CONTROLLING.

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

19. COMPLIANCE WITH LAWS.

Collector shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Collector shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits. Collector will have a City of Modesto business license. #13..
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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. , adopted by the Council of the City of Modesto on the day of ___________ , 2024, and _______________ has caused this agreement to be duly executed.
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AGREEMENT FOR BILLING AND COLLECTION SERVICES FOR GILTON SOLID WASTE MANAGEMENT, INC.

THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 3th day of December, 2024, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and GILTON SOLID WASTE MANAGEMENT, INC., a California corporation, hereinafter referred to as "Collector".

This Agreement is made with regard to the following recitals:

B. City is willing to bill and accept payment for certain solid waste services for Collector in accordance with the provisions of Section 5-5.135 of the Modesto Municipal Code.

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.

City 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" (the “Services”).

2. TERM OF AGREEMENT.

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

Year 1: January 1, 2025 through December 31, 2025
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Year 2: January 1, 2026 through December 31, 2026
Year 3: January 1, 2027 through December 31, 2027
Year 4: January 1, 2028 through December 31, 2028
Year 5: January 1, 2029 through December 31, 2029

3. COMPENSATION.

4. OBLIGATIONS OF COLLECTOR.

5. OBLIGATIONS OF CITY.

City shall perform all services as described under Exhibit A, (the “Services”).

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

8. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Collector to modify the scope of #13..
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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 change in the scope of work.

Until an amendment is fully executed, all terms of agreement will remain in place.

9. NOTICES.

FOR COLLECTOR:

Name: Gilton Solid Waste Management, Inc.

Address: 755 S. Yosemite Ave.

Oakdale, CA. 95361
Attention: Bob Pritchard
Phone: (209) 840-5648
E-mail: [email protected]
FOR CITY:

Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Purchasing Division
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Phone: (209) 577-5405

10. INSURANCE REQUIREMENTS.

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 Collector shall promptly obtain a new policy, submit the same to the Risk Manager for approval and #13..
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submit a certificate thereof as hereinabove provided. Upon failure of the Collector 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 Collector to obtain and/or maintain any required insurance shall not relieve the Collector from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Collector concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Collector for the City. The Collector'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 Collector must deliver certificates evidencing existence of the insurance called for in the contract specifications to the City Clerk at the time the contract is signed.

11. TERMINATION OF AGREEMENT.

Termination on Occurrence of Stated Events
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This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of Collector, (2) legal dissolution of Collector.

Termination by City for Convenience
The City may also terminate the Collector'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 #13..
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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.

12. INDEMNITY.

Collector, its agents, officers and employees shall defend, indemnify, and hold harmless City, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or omission of Collector 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. #13..
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Collector'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 Collector to procure and maintain a policy of insurance.

13. ENTIRE AGREEMENT.

14. PARTIAL INVALIDITY.

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

16. AUDIT.

17. GOVERNING LAW.

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

18. HEADINGS NOT CONTROLLING.

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

19. COMPLIANCE WITH LAWS.

Collector shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Collector shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits. Collector will have a City of Modesto business license. #13..
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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. , adopted by the Council of the City of Modesto on the day of __________ , 2024, and _________________ has caused this agreement to be duly executed.
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EXHIBIT A: SCOPE OF SERVICES

1. Charges to be Collected.

This Agreement shall apply only to the customers of Collector within the Modesto City limits who are billed at a single-family residential rate. The City will bill at Council approved rates utilizing utility billing software system at locations billed for one or more of the following services: water, sewer, or storm drain. City will not bill for garbage as a stand-alone service. Per MMC 5-5.135 City shall neither use nor imply that it will use its police power to collect bills remaining overdue or unpaid.

2. Payment to Collector.

The City agrees to make a weekly payment to Collector based on the amount billed by the City during the preceding calendar week, less the amount due the City pursuant to Section 3 of Agreement titled “Compensation”. The City will reserve the option to update the payment schedule from time to time as agreed upon by both parties based on variations in billing cycles or business needs.

Payment will be based on revenues billed for the prior week and extracted from the utility billing software system accompanied by a detailed reconciliation worksheet.

3. Monthly Billing of Garbage Services.

The City shall provide monthly billing of Collectors’ garbage customers as defined in paragraph 1 above titled “Charges to Be Collected” acting solely in the role of a private contractor performing customer billing and payment acceptance services for the Collector.

4. Receipt of and Accounting for Payments.

The City shall accept, receipt, and account for Collectors’ monthly customer payments for which it bills on behalf of Collector.
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5. Assistance Programs and Discounts.

The City will apply the City’s established assistance program discount to Collectors’ customer bills as authorized by the Collectors’ service agreement at a rate of $5.00 per eligible customer. In the event there is any change to the assistance program, such as to the amount of the monthly discount, the City will notify the Collector in writing a minimum of 90 days in advance to advise of any increase to the Collector.

6. Billing Adjustments and Correction of Charges Billed or Due.

The City is authorized to review account charges and adjust as necessary, utilizing parameters as set forth in adjustment policy of the City’s Utility Billing and Collections Division. In the event an adjustment of charges results in flat or negative revenues due the Collector for any given week, no check will be issued for that week. Upon request, the City will provide Collector a reconciliation including billing corrections or adjustments that resulted in flat or negative revenues for that billing period.

7. Deposits.

The City will not collect deposits on behalf of the Collector for garbage services billed by the City.

8. Communications.

The City and Collector will communicate as necessary regarding billing, processing customer account information, and delivery and removal of residential standard containers. All service-related issues shall be referred by the City directly to Collector to manage (please refer to sections 11 and 12 below). #13..
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9. Utility Bill Inserts.

Collector agrees to pay the City its proportional one-third share of the printing costs for public education materials inserted in the monthly utility bill based on its customer count as a percentage of total City garbage customers.

10. Requests for Extra Garbage Service.

All requests received for extra garbage service such as special pickups, extra loads, etc. shall be referred by the City to Collector and Collector shall be responsible for billing and collection of the charges for such extra garbage service.

11. Complaints Regarding Garbage Service.

All complaints made to the City by customers of Collector relating to garbage service shall be referred by the City to Collector and it shall be the responsibility of Collector to investigate such complaints.
#13..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: November 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: OpenGov Change Order Request
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:

Consider approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the Agreement amount by $13,975. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Finance Department Purchasing Division currently utilizes a combination of Microsoft Office Suite (communication and bid document development), PlanetBids (bid posting), Microsoft Office Suite (evaluation rating), and Microsoft Word (contract preparation). The current public bidding posting, PlanetBids, has been in place since June 13, 2005 (about 19 years old) and is solely used to post all City formal bids and proposals. PlanetBids is used as a platform for prospective vendors to register at no cost to be notified when bids are posted by the City and the platform tracks viewing and downloading history for each bid. With the various software tools, the process can be cumbersome to manage document version control and the project management of each bid.

For Contract Management, the City utilizes Microsoft Office Suite to manage contract preparation and Outlook email to facilitate the informal review. To monitor insurance requirements for the agreement, the City utilizes a third-party insurance tracking system called PINS which requires the vendor to login into the PINS system to upload all insurance documents. All insurance requirements are reviewed and approved by Risk Management before agreements are finalized for signature.
#14..
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City Council, December 3, 2024
OpenGov Change Order Request

Page 2 of 3 ends

On October 10, 2023, Council approved the Final Adoption of Ordinance 3766-C.S to amend the Modesto Municipal Code (MMC) to address the increase in City Manager authority and formal bidding requirements. In addition, this MMC update allowed the option for Electronic Bidding. Currently, all prospective bidders submit a hard copy bid package to the City Clerk’s office but with the MMC change the bidders will now have an option to submit their bids electronically which will allow more efficiencies to how we manage our bid documents.

On June 11, 2024, under Resolution 2024-206, Council approved the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years. This new bidding solution will replace our current bidding solution, PlanetBids the City has used for nineteen (19) years.

DISCUSSION:

City staff began the implementation of OpenGov in July 2024, and as part of the discovery phase of OpenGov, City staff learned of a Contract Management module included as part of the Public Bidding module. By implementing the Contract Management module, it would provide the following benefits for the development of the contract:
 Establish improved document control (set contract template control)  Incorporate electronic contract review with the vendor and City reviewers  Automation with managing all changes into one collaborative document  Track insurance requirements of contracts and expiration dates into one centralized system instead of a secondary system
 Simplify the contract review and insurance requirement for the awarding vendor  Enhance greater controls, efficiency and collaboration with contract review The contract management module of OpenGov will greatly improve the City’s existing processes, minimize risk with errors, collaborate across all City departments and vendors, and provides better system controls. This change order will provide professional services to assist the City with establishing the contract templates, guidance on training guides and subject matter expert training for our end users and administrators.

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(f) “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. By incorporating Contract management into one centralize system there will be centralize processes to not only facilitate the bidding process but improve the overall contract management process. This will create increased efficiency from the vendor’s standpoint as they will be able to monitor the bid and contract through the OpenGov portal system.

FISCAL IMPACT:

The change order request in the amount of $13,975 will be funded through the funding sources of those departments that utilize the bidding and contract management tool. These funding sources would include the General Fund, Capital Improvement Fund and Utility Funds. The methodology used to allocate the cost for this change order will be based on the number of #14..
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City Council, December 3, 2024
OpenGov Change Order Request

Page 3 of 3 ends

contracts issued over a year period and will continue to be re-evaluated annually as part of the annual cost of the subscription for this system.

COMMITTEE RECOMMENDATION:

This item was presented at the November 13, 2024, Finance Committee, and the Committee approved to move this item forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the amount by $13,975 for a new total amount not to exceed $290,111; and authorizing the City Manager or his designee to execute the Change Order request.

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

1. Resolution

2. OpenGov Change Order and Quote
#14..
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12/03/2024/Finance/DLove/Item #X 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING A CHANGE ORDER TO THE AGREEMENT
WITH OPENGOV INC., SAN FRANCISCO, CA FOR THE PUBLIC BIDDING SOLUTION SUBSCRIPTION INCREASING THE AMOUNT BY $13,975 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $290,111; AND AUTHORIZING

THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE

ORDER REQUEST
WHEREAS, the current public bidding posting, PlanetBids, has been in place since June 13, 2005 (about 19 years old) and is solely used to post all City formal bids and proposals; and
WHEREAS, PlanetBids is used as a platform for prospective vendors to register at no cost to be notified when bids are posted by the City and the platform tracks viewing and downloading history for each bid; and
WHEREAS, with the various software tools, the process can be cumbersome to manage document version control and the project management of each bid; and WHEREAS, for Contract Management, the City utilizes Microsoft Office Suite to manage contract preparation and Outlook email to facilitate the informal review; and WHEREAS, to monitor insurance requirements for the agreement, the City utilizes a third-party insurance tracking system called PINS which requires the vendor to login into the PINS system to upload all insurance documents and all insurance requirements are reviewed and approved by Risk Management before agreements are finalized for signature; and
WHEREAS, on June 11, 2024, under Resolution 2024-206, Council approved the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years; and #14..
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12/03/2024/Finance/DLove/Item #X 2 2024-XXX
WHEREAS, City staff began the implementation of OpenGov in July 2024, and as part of the discovery phase of OpenGov, City staff learned of a Contract Management module included as part of the Public Bidding module; and WHEREAS, the Contract management module of OpenGov will greatly improve the City’s existing processes, minimize risk with errors, collaborate across all City departments and vendors, and provides better system controls; and WHEREAS, this change order will provide professional services to assist the City with establishing the contract templates, guidance on training guides and subject matter expert training for our end users and administrators; and WHEREAS, 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; and
WHEREAS, however, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “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; and WHEREAS, by incorporating Contract management into one centralize system there will be centralize processes to not only facilitate the bidding process but improve the overall contract management process and this will create increased efficiency from the vendor’s standpoint as they will be able to monitor the bid and contract through the OpenGov portal system.
#14..
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12/03/2024/Finance/DLove/Item #X 3 2024-XXX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the amount by $13,975 for a new total amount not to exceed $290,111.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Change Order Request, in a form approved by the City Attorney.
#14..
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12/03/2024/Finance/DLove/Item #X 4 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 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
#14..
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https://opengov.com | 1
Order Number:

Created On:

Quote Expiration Date:

Services Start Date:

Q017267
September 24, 2024
October 25, 2024
September 25, 2024
Prepared By:

Email:

Contract Term:

OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Kate Bloom
[email protected]
Professional Services
Customer Information
Customer:

Bill To/Ship To:

City of Modesto, CA
PO Box 642
Modesto, CA US
Contact Name:

Email:

DeAnna Christensen
[email protected]
Order Details
Billing Frequency: Upfront Payment Terms: Net 30
PROFESSIONAL SERVICES:

Product / Service Start Date Total Amount
Professional Services Deployment - Prepaid September 25, 2024 $13,975.00 Services Total Amount $13,975.00
Order Form Legal Terms
Welcome to OpenGov!
This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at https://opengov.com/terms-ofservice/master-services-agreement/ . The "Agreement" between OpenGov and the entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased, the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services shall be due and payable, in advance, 30 days from receipt of the invoice. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.

City of Modesto, CA
Signature: \s1\
OpenGov, Inc.

Signature: \s2\
Name: \n1\
Title: \t1\
Date: \d1\
Name: \n2\
Title: \t2\
Date: \d2\
#14..
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OpenGov - Change Order Page 1
Project Change Order
Customer: City of Modesto, CA
Project: https://opengov.rocketlane.com/projects/382103/overview Document Number: CO-01
Date Requested: 09/18/2024
Requested by: Kate Bloom
Reason for Change
The City has decided to move forward with implementing Contract Management which was not included in the current Scope of Work.

Scope of Change
Create and Manage Contracts
OpenGov will:
● Provide one (1) - one hour Overview of the Contract Management Solution to Customer’s System Administrator(s).
● Provide guidance and instruction to System Administrator on creating and managing contracts.

Customer will:
● Attend scheduled System Overview
● Create and manage contract records in the system with guidance from OpenGov.

Completion Criteria
● Contracts training has been conducted.

Contract Template Deployment
OpenGov will:
● Review & configure agreed upon contract templates.
● Configure up to five (5) total Contract Template(s) from customer provided standard boilerplate templates :
○ four(4) Non-Construction Contract Template will be built based on examples collected from the customer up to fifty (50) pages in length. #14..
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OpenGov - Change Order Page 2
○ one (1) Construction Contract Template will be built based on examples collected from the customer up to fifty (50) pages in length.

OpenGov Assumption:
● Customer provided the following templates prior to the creation of the SOW that reflect the assumptions above including:

1. On Call Consultant Agreement

2. Construction Contract

3. Agreement Standard Consultant

4. Agreement Services (No Council prevailing wage)

5. Agreement Purchase (Goods)
Customer will:
● Provide templates with standard boilerplate language. ● Test the configuration of each template by creating test projects and provide feedback.
● Validate and provide signoff on Contract templates.

Completion Criteria
● Customer sign-off that the Contract Template(s) have been configured.

Procurement Training
OpenGov will:
● Provide up to five (5) hours of training on system functionality. Topics include:
○ Contract Document Developer Tools
Customer will:
● Attend training sessions as scheduled by the Project Manager and agreed to in the Project Plan.

Completion Criteria
● Training has been conducted.

Working Sessions
OpenGov will:
● Assign practice exercises to Customer to gain familiarization. ● Respond to questions regarding configured system functionality.

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

Completion Criteria
● Working sessions have been conducted.

Project Impact (Schedule and Cost)
#14..
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OpenGov - Change Order Page 3
Project Schedule Impact: Project Closure date will be moved from 12/20/24 to 4/11/25.

Cost Impact: $13,975.00
Approvals
OpenGov Customer
Signature: Signature:

Name: Angelica Au
Name:

DeAnna
Christiansen
Title: Director of
Professional
Services-Procurem
ent
Title:

Director of
Finance
Date: 9/23/24 Date:
#14..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: November 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Online Auction Services – First Amendment
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:

Consider approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement amount by $250,000. (Funding Source:

Various Fleet Replacement Funds)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Accounting Division of the Finance Department utilizes an auctioning service to address the City’s surplus of tangible assets, which typically consist of: (1) property and scrap accumulated by the City; and (2) surplus City vehicles and equipment, which have reached their useful life.

Items not sold online are discarded through an agreement with an e-waste vendor, local junk vendor or donated to a non-profit partner based on whether the surplus items can still be reused.

One of the City’s primary surplus auction items include the surplus of the City vehicles and equipment that have reached the end of their useful life. The Accounting Division coordinates with the Public Works Fleet Division to evaluate surplus fleet that are posted on the public auction site. This evaluation is performed on a regular basis, especially with the incoming of new Fleet Replacement vehicles and equipment.

On March 5, 2024, under Resolution 2024-084, Council approved an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, #15..
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City Council, December 3, 2024
Online Auction Services – First Amendment

Page 2 of 3 ends

Utah, by utilizing the Competitive Bidding Process from Sourcewell1 for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five (5) years. This new Agreement was effective May 1, 2024.

DISCUSSION:

With the use of online auction services under the new Agreement, the City has posted 36 auction sales of Fleet vehicles and equipment and the winning bid amounts came in significantly higher than anticipated. A majority of the starting bids range from $100-$400; however, these starting bids were not reflective of the Kelly Blue Book value of these assets, which triggered the inability to anticipate the fee cost for these auctions. The Accounting Division is working with the Fleet Division to modify the current process to ensure staff obtains the estimated Kelly Blue Book value of the anticipated selling price for each vehicle surplused. This change will allow the Finance Department to more accurately forecast the anticipated annual fees.

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(f) “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. This Amendment is essential to ensure that the City will continue to sell Fleet surplus in preparation for delivery of the replacement Fleet vehicle and equipment and take advantage of these auction sales to cover the overall cost for the replacement.

FISCAL IMPACT:

The listing fee for Public Surplus is billed to the winning bidder as part of the cost of the winning bid amount. The pricing defined on the Sourcewell cooperative agreement is listed as a 7% fee, but Public Surplus has agreed to grandfather our current fee rate of 6.5%. In addition, there is a 3% payment collection fee to address the cost for Public Surplus to process the transaction and credit card fees. The overall fee applied to the winning bidder’s amount would be a total of

9.5%.

As of October 23, 2024, the Public Surplus fee generated for the 36 auction sales yielded $28,551. The Public Works Fleet Division anticipates the City will execute an average of approximately 50 auction sales annually and the winning bid amount could vary; however, City staff has implemented new procedures to calculate the estimated fees based on the Kelly Blue Book value of the surplus Fleet vehicles and equipment. Revenue from the sales is distributed into the City’s Fleet Replacement funds or other funds based on the funding source the original vehicle or equipment was purchased from.

COMMITTEE RECOMMENDATION:

This item was presented at the November 13, 2024, Finance Committee, and the Committee approved to move the item forward to Council for approval. 1 https://www.sourcewell-mn.gov/cooperative-purchasing/how-it-works #15..
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City Council, December 3, 2024
Online Auction Services – First Amendment

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement annual estimated amount by $50,000 to a revised annual estimated amount of $80,000 and increasing the Agreement amount by $250,000 to a new total amount not to exceed $400,000 for the five-year term Agreement; and authorizing the City Manager or his designee to execute the Amendment.

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

1. Resolution

2. First Amendment

3. Original Agreement
#15..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING THE FIRST AMENDMENT WITH PUBLIC

GROUP, AKA PUBLIC SURPLUS, PROVO, UT FOR ONLINE AUCTION

SERVICES INCREASING THE AGREEMENT ANNUAL ESTIMATED
AMOUNT BY $50,000 TO A REVISED ANNUAL ESTIAMTED AMOUNT OF $80,000 AND INCREASING THE AGREEMENT AMOUNT BY $250,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $400,000 FOR THE FIVE-YEAR TERM AGREEMENT; AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, the Accounting Division of the Finance Department utilizes an auctioning service to address the City’s surplus of tangible assets, which typically consist of: (1) property and scrap accumulated by the City; and (2) surplus City vehicles and equipment, which have reached their useful life; and
WHEREAS, items not sold online are discarded through an agreement with an ewaste vendor, local junk vendor or donated to a non-profit partner based on whether the surplus items can still be reused; and
WHEREAS, the City’s primary surplus auction items include the surplus of the City vehicles and equipment that have reached the end of their useful life; and WHEREAS, the Accounting Division coordinates with the Public Works Fleet Division to evaluate surplus fleet that are posted on the public auction site and this evaluation is performed on a regular basis, especially with the incoming of new Fleet Replacement vehicles and equipment; and
WHEREAS, on March 5, 2024, under Resolution 2024-084, Council approved an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three (3) one-year extension options, for an #15..
- 519 -
2 annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five (5) years and this new Agreement was effective May 1, 2024; and WHEREAS, with the use of online auction services under the new Agreement, the City has posted 36 auction sales of Fleet vehicles and equipment and the winning bid amounts came in significantly higher than anticipated; and WHEREAS, a majority of the starting bids range from $100-$400; however, these starting bids were not reflective of the Kelly Blue Book value of these assets, which triggered the inability to anticipate the fee cost for these auctions; and WHEREAS, the Accounting Division is working with the Fleet Division to modify the current process to ensure staff obtains the estimated Kelly Blue Book value of the anticipated selling price for each vehicle surplused; and WHEREAS, this change will allow the Finance Department to more accurately forecast the anticipated annual fees; and
WHEREAS, 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(f) “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; and
#15..
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3 WHEREAS, this Amendment is essential to ensure we continue to sell the City’s Fleet surplus in preparation for delivery of the replacement Fleet vehicle and equipment and take advantage of these auction sales to cover the overall cost for the replacement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement annual estimated amount by $50,000 to a revised annual estimated amount of $80,000 and increasing the Agreement amount by $250,000 to a new total amount not to exceed $400,000 for the five-year term Agreement.

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. #15..
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 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
#15..
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FIRST AMENDMENT TO AGREEMENT

WITH PUBLIC SURPLUS FOR ONLINE AUCTION SERVICES
This First Amendment to the Agreement for ONLINE AUCTION SERVICES (“Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and PUBLIC SURPLUS, a California corporation hereinafter collectively referred to as “CONTRACTOR”.

RECITALS
This First Amendment to Agreement for Online Auction Services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Online Auction Services on the 5th day of March, 2024 (the “Original Agreement”).

WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $50,000 annually and
NOW, THEREFORE, in consideration of this Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Amendment, the parties agree as follows:

1. Section 1, paragraph (e), of the Original Agreement shall be replaced in its entirety with the following:

CONTRACTOR shall furnish said services for the compensation specified in Exhibit A, for an estimated annual amount $80,000 and a total amount not to exceed $400,000 over the full term of the AGREEMENT. CONTRACTOR shall charge an auction fee of 9.5%, which shall be paid by the buyer at no cost to the CITY. This auction fee shall control over any conflicting auction fees listed in Exhibit A.

2. Except as modified and amended by this Amendment, all other provisions #15..
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of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2024-_____ on the ________ day of ___________, 2024, and CONTRACTOR has caused this Agreement to be duly executed as of the Effective Date.
#15..
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement: Vendor Name: Division:

Contact Person: Extension: Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $100,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
#15..
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1 ANNUAL AGREEMENT NO. 261916

PUBLIC SURPLUS

FOR ONLINE AUCTION SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of ______________ , 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and , hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-_____ authorizing the Award of Proposal and agreement for the furnishing of Online Auction Services to CONTRACTOR, attached hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to Sourcewell, a State of Minnesota local government agency per RFP 012821, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Online Auction SERVICES as described in RFP 012821, (hereinafter
called RFP).

NOW, THEREFORE, the parties hereto mutually agree as follows:
#15..
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2 1. THE WORK:
a) CONTRACTOR shall furnish Online Auction Services, in strict accordance with the conditions of the complete AGREEMENT.
b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services for the compensation specified in Exhibit A, for an estimated annual amount $30,000 and a total amount not to exceed $150,000 over the full term of the AGREEMENT. CONTRACTOR shall charge an auction fee of 9.5%, which shall be paid by the buyer at no cost to the CITY. This auction fee shall control over any conflicting auction fees listed in Exhibit A.

3. CITY REPRESENTATIVE:

CITY Representative is: Maria Garnica, Accounting Manager Phone: (209) 577-5249 Purchasing: Carol Wattle, Senior Buyer Phone: (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR REPRESENTATIVE:

Zackary Corbett, Product Manager Phone: 801-932-7000 xt 153, [email protected] 5. TERM OF AGREEMENT:

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

Year 1: May 1, 2024 through April 30, 2025
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3 Year 2: May 1, 2025 through April 30, 2026
Year 3: May 1, 2026 through April 30, 2027
Year 4: May 1, 2027 through April 30, 2028
Year 5: May 1, 2028 through April 30, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the entire length of the AGREEMENT.

6. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and #15..
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4 certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

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

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

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

7. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR ay Program.

The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
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5 Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:

This AGREEMENT number - 261916
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total

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

9. VENUE & GOVERNING LAW:

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

10. : If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall #15..
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6 be entitled to
entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

11. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2024-_______;
b. RFP No 012821;

12. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within ten (10) days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

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

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

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final #15..
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8 payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

13. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

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

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

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed. #15..
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9 15. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

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

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

18. NOTICES:

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

CONTRACTOR: The Public Group, LLC
PO Box 50676
Provo, UT 84606

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

19. SIGNATORY(IES) FOR CONTRACTOR:

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

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

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

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

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

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of #15..
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11 the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

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

25. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without ission. It is understood and agreed that the #15..
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12 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

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

EXHIBIT

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

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

29. ASSIGNMENT:

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

30. 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.

31. HEADINGS NOT CONTROLLING:
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13 Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

32. MISCELLANEOUS:

Time is of the essence in ormance under each provision of this AGREEMENT.

33. ENTIRE AGREEMENT:

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

34. 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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _______ day of _____________________, 2024 and Public Group a has caused this Agreement to be duly executed.
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
FORREST EBBS, Acting City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________ BY: ____________________________ By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
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bidadoo, Inc. Brindlee Mountain Fire Apparatus, LLC Bryan's Auction Services Copart, Inc. George Gideon Auctioneers, Inc. JJ Kane Associates, Inc. Liquidity Services Operations LLC dba GovDeals Municibid.com Peak Auto Auctions, LLC PropertyRoom.com, Inc. PropertyPilot LLC dba GovPilot Regal Auctions, Ltd. The Public Group Possible Points Conformance to Terms/ Conditions to Include Documentation 50 44 41 42 42 44 45 43 42 45 36 38 41 Pricing 400 317 265 316 285 336 343 308 326 341 190 306 336 Financial, Industry and Marketplace Successes 75 61 56 68 58 62 70 64 44 67 33 50 65 Bidder's Ability to Sell/ Service Contract Nationally 100 87 63 90 65 80 80 78 69 84 46 50 82 Bidder's Marketing Plan 50 42 36 46 43 43 47 42 33 45 21 42 43 Value Added Attributes 75 60 53 52 61 60 68 62 56 67 38 43 66 Warranty Coverages and Information 50 41 39 39 40 39 43 43 39 41 36 34 43 Selection and Variety of Products and Services Offered 200 158 155 140 145 150 167 148 145 176 85 154 165 Total Points 1,000 810 708 793 739 814 863 788 754 866 485 717 841 Rank Order 5 11 6 9 4 2 7 8 1 12 10 3 Greg Grunig, Procurement Lead Analyst Brandon Town, CPSM, CPSD, Procurement Analyst Bill Davison, CPPO, CPP, Procurement Analyst Carol Jackson, Procurement Analyst Proposal Evaluation Auction Services with Related Solutions RFP #012821 #15..
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1 PIGGYBACK # 2324-31 ONLINE AUCTION SERVICES

PUBLIC SURPLUS

FINANCIAL INTEREST DISCLOSURE
in any
City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

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

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

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

F
Municipal Code section 2-10.02.

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

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

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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2 PIGGYBACK # 2324-31 ONLINE AUCTION SERVICES

PUBLIC SURPLUS
Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 5, 2024
Date: January 30, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Online Public Surplus Auction Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, for a total amount not to exceed $150,000 over five years. (Funding Source: Fleet Replacement Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Sustainability.

BACKGROUND:

Items not sold online are discarded through an agreement with an e-waste vendor, local junk vendor or donated to a non-profit partner based on whether the surplus items can still be reused.

On March 12, 2019, under Resolution 2019-117, Council approved an agreement with Public Surplus for a two-year agreement with three one-year extension options for an estimated annual cost of $18,000 and a total amount not to exceed $90,000 over five years.

On June 7, 2022, under Resolution 2022-254, Council approved the First Amendment with Public Surplus to increase the agreement amount by $12,000 annually to a revised annual estimated amount of $30,000 and a revised total amount not to exceed $114,000 over five years. This agreement is scheduled to expire on April 30, 2024. #15..
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Online Public Surplus Auction Agreement

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DISCUSSION:

On September 12, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for online public auction services. On December 8, 2020, Sourcewell issued Request for Proposals RFP #012821 for Auction Services with Related Solutions on the Sourcewell Procurement Portal, New York State Contract Reporter website, DJC Oregon, Public Purchase, Salt Lake Tribune, and The State Media Company of South Carolina. On January 28, 2021, proposals were submitted electronically through the Sourcewell Procurement portal. Thirteen (13) proposals were received and based on the conformance with RFP requirements, financial viability, marketplace success, ability to sell and deliver services, marketing plan, warranty and overall pricing and criteria outline in the RFP, three (3) contracts were awarded for this commodity which includes the Public Surplus. Based on the best responsible and responsible proposer, City staff recommends to award to Public Surplus, Provo, Utah for online public auction services for a two-year agreement with three (3) one-year extension option, for a total estimated annual cost of $30,000, and $150,000 over five years.

Sourcewell is a cooperative agency which streamlines the procurement process by developing RFBs or RFP’s for national competitive solicitations that meet or exceed local requirements.

The competitive process is continually refined to best meet agency needs and allows Sourcewell to offer exceptional products from nationally acclaimed vendors.

The Public Surplus solution provides an auction system created with unique capabilities exclusively for public agencies. Agencies can use the Public Surplus system to organize, automate, and manage their entire surplus inventory operations which allows for significant returns from the sale of excess property while minimizing associated costs.

System capabilities include the following:
o Helping agencies comply with state and local regulations and policies by automatically maintaining audit records.
o Ability to attract larger number of buyers from an agency’s own community, as well as specialty buyers from across the United States. o Allow for out of state sales due to new regulations regarding the sale of dieselfueled vehicles.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing the Sourcewell, the City is complying with the requirements defined under this code for this service.

FISCAL IMPACT:

Revenue from the sales is distributed into the City’s Fleet Replacement funds or other funds based on the funding source the original surplus item was purchased from. Such revenue and associated fees will vary each fiscal year, depending on items listed and sold which the City #15..
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Online Public Surplus Auction Agreement

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anticipates an increase of receiving new vehicle and equipment purchases. Below is a summary of the overall sales and fees processed for the last five fiscal years.

Agreement Period Sales Received Fee Amount
Year 1 $ 243,274 $ 14,676
Year 2 $ 188,513 $ 17,909
Year 3 $ 277,738 $ 26,385
Year 4 $ 307,627 $ 29,225
Year 5 (through October 30, 2023) 113,760 $ $ 10,807
TOTAL $ 1,130,912 $ 99,002
The listing fee is billed to the winning bidder as part of the cost of the winning bid amount. The pricing defined on the Sourcewell cooperative agreement is listed as a 7% fee, but Public Surplus has agreed to grandfather our current fee rate of 6.5%. In addition, there is a 3% fee for payment collection to address the cost for Public Surplus to process the transaction and credit card fees. The overall fee applied to the winning bidder’s amount would be a total of

9.5%.

COMMITTEE RECOMMENDATION:

This item was presented at the January 29, 2024, Finance Committee and approved to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

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

1. Resolution

2. Agreement

3. Exhibit C

4. Scoring Abstract

5. Financial Interest Disclosure
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03/05/2024/Finance/DLove/Item 9 1 2024-084

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-084

RESOLUTION APPROVING AN AGREEMENT FOR ONLINE PUBLIC

AUCTION SERVICES TO THE PUBLIC GROUP DOING BUSINESS AS (DBA)

PUBLIC SURPLUS, PROVO, UTAH, BY UTILIZING THE COMPETITIVE

BIDDING PROCESS FROM SOURCEWELL FOR A TWO-YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $30,000 AND A TOTAL AMOUNT NOT TO
EXCEED $150,000 OVER FIVE YEARS; AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the Finance Department utilizes an auctioning service to address the y consist of: (1) property and scrap
accumulated by the City; and (2) surplus City vehicles and equipment which have reached their useful life. Items not sold online are discarded through an agreement with an e-waste vendor, local junk vendor or donated to a non-profit partner based whether the surplus items can still be reused; and
WHEREAS, on September 12, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for online public auction services; and WHEREAS, on December 8, 2020, Sourcewell issued Request for Proposals RFP #012821 for Auction Services with Related Solutions on the Sourcewell Procurement Portal, New York State Contract Reporter website, DJC Oregon, Public Purchase, Salt Lake Tribune, and The State Media Company of South Carolina; and WHEREAS, thirteen (13) proposals were received and based on the conformance with RFP requirements, financial viability, marketplace success, ability to sell and deliver services, marketing plan, warranty and overall pricing and criteria outline in the RFP, three (3) contracts were awarded for this commodity which includes the Public Surplus; and
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03/05/2024/Finance/DLove/Item 9 2 2024-084
WHEREAS, based on the best responsible and responsible proposer, City staff recommends to award to Public Surplus, Provo, Utah for online public auction services for a two-year agreement with three (3) one-year extension option, for a total estimated annual cost of $30,000, and $150,000 over five years; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; However, exceptions to the formal bidding process are granted in MMC 8- on, determines that a
process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality ; and
WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, by utilizing the Sourcewell, the City is complying with the requirements defined under this code for this service.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three (3) one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five years.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: October 28, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Behavioral Health Services Agreement
CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100 and a total amount not to exceed $160,500 over five years. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On July 15, 2018, the City entered into an agreement with First Alarm Wellness for Behavioral Health Services provided to the City of Modesto Fire Department to combat and mitigate the effects of first responder psychological trauma, for one year, with an annual amount not to exceed $15,000. After undergoing four amendments to ultimately extend the agreement through December 30, 2023, a new agreement was vital to continue managing the safety and well-being of the City’s first responders.

On December 30, 2023, the City entered into a new agreement with First Alarm Wellness for Behavioral Health Services provided to the City of Modesto Fire Department to combat and mitigate the effects of first responder psychological trauma, with an annual amount not to exceed $40,500. This Agreement was established for a one (1) year term with the formal bidding exception under MMC 8-3.204 (c) Inflexible time constraints, expiring on December 30, 2024. A need for these types of services continues to exist to manage the well-being of the City’s first responders.
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City Council, December 3, 2024
Behavioral Health Services Agreement

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On August 21, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Behavioral Health Services for the City of Modesto Fire Department. On, August 21, 2024, the Director of Finance approved a formal bidding exception to waive the formal bidding process based on the comprehensive range of services, cost-effectiveness, seamless integration with our operations, established trusting relationship and commitment to employee well-being, First Alarm Wellness was determined to be the ideal choice for supporting the City of Modesto Fire Department with Behavioral Health Services.

DISCUSSION:

Kristina Casola, President, and lead clinician of First Alarm Wellness, is licensed by the State of California as a behavioral health specialist in emergency services which allows her to have an understanding of the Department’s unique needs and challenges that can impact both our personnel’s work and family lives. She has supported the Modesto Fire Department since 2018 and has since gotten to know our first responders on a personal level and has maintained trustworthy relationships.

The services provided include counseling and support services for our first responders impacted by work-related distress, by providing education, resources, and effective clinical services, as well as clinical oversight of all aspects of the department’s behavioral health program and assistance with the Workers Compensation process. The seamless integration with our workers' compensation provider (Athens) ensures continuity of care and streamlined processes, reducing administrative burden, and improving efficiency. In addition to confidential counseling for our sworn personnel, Casola also provides crisis management services and on-call services to support the department when needed during critical incidents. Her expertise in trauma behavioral health and crisis management has played an instrumental role in the safety and well-being of our first responders. This around-the-clock access to support ensures our employees receive timely assistance whenever they need it most- whether in acute crisis or in need of general assistance.

The term of the agreement is for five years, effective December 31, 2024, for an estimated annual amount of $32,100 and total amount not to exceed $160,500 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, based on the comprehensive range of services, cost-effectiveness, seamless integration with our operations, established trusting relationship and commitment to employee well-being, First Alarm Wellness was determined to be the ideal choice for supporting the City of Modesto Fire Department with Behavioral Health Services. Therefore, staff recommends the Behavioral Health Services of this Agreement to First Alarm Wellness should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since First Alarm Wellness has provided the Modesto Fire Department with Behavioral health services since 2018 and has established a trustworthy relationship with staff which is crucial in mental health services. #16..
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City Council, December 3, 2024
Behavioral Health Services Agreement

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FISCAL IMPACT:

The cost for behavioral health services will be paid from the General Fund Fire Department’s Operating Budget in the following account, for an estimated annual amount of $32,100, and a total amount not to exceed $160,500 over five years.

A history of the past five years’ spending is as shown below:

Fiscal Year Account Amount
2023-2024 Professional Services (53300) $15,280
2022-2023 Professional Services (53300) $44,380
2021-2022 Professional Services (53300) $17,157
2020-2021 Professional Services (53300) $40,670
2019-2020 Professional Services (53300) $27,091
COMMITTEE RECOMMENDATION:

On October 21, 2024, this item was presented to the Finance Committee, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100, and a total amount not to exceed $160,500 over five years and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. First Alarm Wellness Agreement

3. Exhibit A – Scope of Work

4. Exhibit B –FAW Fee Schedule

5. Bid Waiver

6. Financial Interest Disclosure form
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING AN AGREEMENT WITH FIRST ALARM

WELLNESS, VISTA, CALIFORNIA FOR BEHAVIORAL HEALTH SERVICES

FOR THE MODESTO FIRE DEPARTMENT FOR A TWO-YEAR AGREEMENT

WITH THREE ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL
ESTIMATED AMOUNT OF $32,100 AND A TOTAL AMOUNT NOT TO
EXCEED $160,500 OVER 5 YEARS, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on December 30, 2023, the City entered into an agreement with First Alarm Wellness for Behavioral Health Services provided to the City of Modesto Fire Department to combat and mitigate the effects of first responder psychological trauma, with an annual amount not to exceed $40,500; and WHEREAS, this Agreement was established for a one (1) year term with the formal bidding exception under MMC 8-3.204 (c) Inflexible time constraints, expiring on December 30, 2024; and
WHEREAS, a need for these types of services continues to exist in order to manage the well-being of the City’s first responders; and WHEREAS, on August 21, 2024, the Director of Finance approved a formal bidding exception to waive the formal bidding process based on the comprehensive range of services, cost-effectiveness, seamless integration with our operations, established trusting relationship and commitment to employee well-being, First Alarm Wellness was determined to be the ideal choice for supporting the City of Modesto Fire Department with Behavioral Health Services; and WHEREAS, the services provided include counseling and support services for our first responders impacted by work-related distress, by providing #16..
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education, resources, and effective clinical services, as well as clinical oversight of all aspects of the department’s behavioral health program and assistance with the Workers Compensation process; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality; and
WHEREAS, based on the comprehensive range of services, costeffectiveness, seamless integration with our operations, established trusting relationship and commitment to employee well-being, First Alarm Wellness was determined to be the ideal choice for supporting the City of Modesto Fire Department with Behavioral Health Services; and
WHEREAS, staff recommends the Behavioral Health Services of this Agreement to First Alarm Wellness should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since First Alarm Wellness has provided the Modesto Fire Department with Behavioral health services since 2018 and has established a trustworthy relationship with staff which is crucial in mental health services; and
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WHEREAS, the term of the agreement is for five years, effective December 31, 2024, for an estimated annual amount of $32,100 and total amount not to exceed $160,500 over five years.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100, and a total amount not to exceed $160,500 over five years.

BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all documents and agreements, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of December, 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:

BY:

JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT for consultant services (the “Agreement”) made and entered into in the City of Modesto, State of California, this ______ day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and First Alarm Wellness, a California corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:

A. The City has determined that a Consultant Agreement for First Responder Behavioral Health Services should be prepared for the City to combat and mitigate the effects of first responder psychological trauma, specifically that of firefighters.

B. CONSULTANT represents that it is qualified, willing and able to provide the 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 scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A", incorporated herein by this reference.

2. TERM OF AGREEMENT.

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

Year 1: December 31, 2024, through December 30, 2025
Year 2: December 31, 2025, through December 30, 2026
Year 3: December 31, 2026, through December 30, 2027
Year 4: December 31, 2027, through December 30, 2028
Year 5: December 31, 2028, through December 30, 2029
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2 Pricing as set forth in Exhibit “B”, incorporated herein, shall remain firm for the five (5) year term of the AGREEMENT.

3. COMPENSATION.

CONSULTANT agrees to accept an estimated annual amount of THIRTY-TWO THOUSAND, ONE HUNDRED AND 00/100 DOLLARS ($32,100), and a sum not to exceed ONE HUNDRED SIXTY THOUSAND, FIVE HUNDRED AND 00/100 DOLLARS ($160,500) over (5) years as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit "A".

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

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit “A” to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit “B” attached hereto. CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit “B” or approved by the CITY in writing.

CITY shall pay CONSULTANT “Net 45 Days via manual check”.

4. OBLIGATIONS OF CONSULTANT.

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

CONSULTANT has represented to CITY that Kristina “Tina” Casola, LMFT 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 Seventy-five percent (75%) or more of the time devoted to oversight of the project that is the subject of this AGREEMENT will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

PHI and Intellectual Property Information
Unless consent is given or any employment agreement, collective bargaining agreement, or a court order authorizes the City to review or inspect protected health information (PHI), such shall remain the property of Consultant and employee receiving services from Consultant. Consultant’s class curriculum, handouts, and similar literature are the intellectual property (“Intellectual Property”) of the Consultant and cannot be reproduced or redistributed without written consent and further agreement by Consultant.

Ownership of Documents
Except for PHI and Intellectual Property as defined above, all reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this #16..
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4 AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.

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 the City Manager.

8. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT. CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. 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.

This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the CITY in writing. #16..
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5 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. Except as CITY may specify in writing, CONSULTANT 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. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of City.

CONSULTANT shall determine and control 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 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 #16..
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6 CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel.

11. ASSIGNMENT.

Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the CITY in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

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

FOR CONSULTANT: Name: First Alarm Wellness
Address: 122 Civic Center Drive #101
Vista, California 92084
Attention: Kristina “Tina” Casola, LMFT
Phone: (760)275-1469
Facsimile: (888)464-4455
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Holly Gonzales
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7 Phone: (209)341-2908

14. INSURANCE REQUIREMENTS.

Insurance. During the term of this AGREEMENT, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit “C” to this AGREEMENT, and incorporated herein, and shall otherwise comply with the other provisions of Exhibit “C” to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within ten (10) days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
CITY may cancel this AGREEMENT at any time, with or without cause, upon written notification to CONSULTANT.

Post-Termination Procedure
Upon receipt of a written notice of termination, the CONSULTANT shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and #16..
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8 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 Project 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 Project and/or property related to the Project;
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 for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to #16..
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9 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. INDEMNITY.

If CONSULTANT is a Design Professional, pursuant to the full language of California Civil Code §2782, Consultant agrees to indemnify, including the cost to defend, CITY, its agents, officers, employees and volunteers, harmless from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the sole or active negligence, or willful acts of the CITY; and does not apply to any passive negligence of the CITY unless caused at least in part by the Consultant. The CITY agrees that in no event shall the cost to defend charged to the Consultant exceed Consultant’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.

If CONSULTANT is not a Design Professional, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, employees, or volunteers relating to or during the performance of its #16..
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10 obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the CITY.

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.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

17. DISPUTE RESOLUTION.

Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. #16..
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11 19. ENTIRE AGREEMENT.

This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. 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.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.
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12 25. COMPLIANCE WITH LAWS.

CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

CONSULTANT shall have a City of Modesto business license. #16..
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13 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 day of, , 2024, and First Alarm Wellness has caused this AGREEMENT to be duly executed as of the Effective Date. #16..
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14 Exhibit C:

Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification, it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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15 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
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16 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Agreement for behavioral health services between
First Alarm Wellness (FAW) and City of Modesto
PURPOSE: Supplemental support program specific to wellness of first responders and their organizations to promote safety, wellness and quality service delivery.

P RIMARY O BJ ECTIVE: To support individuals impacted by work-related distress by providing education, resources, and effective clinical services. To assist these employees to be focused and safe on the job, which may require offering support for concerns that are outside of the workplace. We encourage use of other available resources (EAP, insurance, and community) when appropriate.

SECO NDARY O BJ ECTIVE: To provide clinical oversight of all aspects of a comprehensive behavioral health program.

TERTIARY O BJ ECTIVE: To provide department/agency wide education specific to behavioral health and wellness including but not limited to resiliency, suicide prevention, stress management, and personal relationship management.

SCO P E O F SERVICES: Organization level clinical mental health oversight management, counseling services, and education.

RECO MMENDED BEST P RACTICES:

Proactive Services:
• Professional clinical oversight of wellness program
• Confidential counseling services - individual, group, couples, family as defined by agency benefit (minimum 3 sessions)
• Post-incident crew call down by FAW clinical staff
• Peer Support clinical oversight and assignment as contracted clinical professional, training, and regular meetings.
• Agency classes/educational seminars to include:
o New hire/Academy training and Family Welcome event
o Annual wellness
o Significant supporter/spouse/family
• Probationary Resiliency Program
Supportive Services:
• Counseling services initiated by the individual
• Counseling services initiated by agency for specific concerns or after a significant event and notification to FAW when someone is sent home • Post incident debriefs: Clinician facilitated
o Provides legal protections when there is possibility for litigation EXHIBIT A #16..
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455

CLINICAL O VERSIGHT MANAGEMENT
Why have a Clinical Oversight Manager (COM)?
In emotionally charged events, having an informed outsider to observe the actions, reactions, engagement and non-engagement, emotional expression or blunting of affect, and witnessing any cooperation and conflict, will produce a more efficient and effective response for the individuals involved and the organization. It is important that this person is not influenced by bias or politics that exist internally in organizations. The COM should also be knowledgeable about the financial resources of the agency and any limitations that exist. When this is in place prior to an incident, the COM can advocate for best practices care with the employee and the organization; health and wellness in mind.

Services of a COM include consultation on emotional, psychological, or behavioral concerns, interpersonal issues, or other topics as requested. Other topics may include help to conceptualize a situation to offer comprehensive support, review suggestions for letters and other communications, attendance at agency events (as invited) such as meetings, educational presentations, charity events, participation in ridealongs, station visits, etc. This comprehensive approach helps to support that important component of familiarity and comfort; it is about the relationship as much as the therapeutic intervention and these casual interactions supplement a clinician’s awareness of department interactions, concerns, and unique cultural influences.

CLINICAL SUP P O RT SERVICES
Clinical support services may include:
• Individual (1:1) sessions
• Couples and/or family sessions, if supported by the employer • Conjoint meetings (other than family members, ex.: co-workers) • Collateral meetings/consultation
• Group meetings (clinical services and educational events) • Consultation services, as requested or suggested.
• Assistance in resource identification or placement
• Case management services
• Crisis support - after regular business hours, weekends, and holidays based on staff availability to contracted agencies who participate in the full Clinical Oversight program.
• Collaboration and advocacy with other medical providers, employer, labor group, educational facilities and others (with written consent of the individual)
• Other services with authorization and mutual agreement between the department and FAW
• Any additional services as defined below or by mutual agreement. #16..
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
• Clinical support services are provided as scheduled by the individual and their primary treating clinician.

CRISIS SUP P O RT SERVICES
Crisis Support Services are acute services provided in person onsite, online, or in office following critical incidents: including but not limited to mass casualty incidents, line of duty death or injury, crew exposures, and other incidents as requested by authorized department representatives. Includes crafting personalized response plan for the agency, supervising implementation of approved plan, communication with and coordination of additional resources that are made available, reporting to incident command/chief officer, or authorized department representative. FAW is experienced working with an IMT, crafting messaging with PIO, command staff, and local executive board.

CREW CALL DOW N
This is both a reactionary support service as well as an important preventative measure. When an event, no matter the scale, is deemed a possibly distressing significant event FAW is notified. FAW is provided with names of the crew, phone numbers and any significant factors that could increase the stress experienced from the event or exacerbate negative thoughts and feelings surrounding past experiences for the crew and each individual. Using their professional discretion as to timing, FAW clinicians will contact those members one on one. The event will also be memorialized in the record for the agency (showing thoughtfulness and due diligence on the agency’s part) as well as privately in the individual’s confidential file.

P EER SUP P O RT TEAM CLINICAL O VERSIGHT
FAW is experienced in the creation of peer support teams and support of existing teams with consultation and continued education. FAW is available on short notice to support team members via phone, video, or in person meetings.

FAW clinical staff are identified as contracted clinical professionals for the agency peer team. This is necessary for legal confidentiality and privilege.

A recommended best practice is the reoccurring Peer Support Clinical Support meeting hosted every 6-8 weeks by a FAW clinical staff member. The meetings are designed to communicate themes and concerns, resourcing, policy considerations, team member wellness, and other important matters.

The FAW clinical coordinator may also recommend that members be deactivated if concerned about their well-being or ability to be a productive peer team member.
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455

AGENCY CLASS/ EDUCATIO NAL SEMINARS
FAW has a diverse library of content and will develop content personally curated for your agency. Current popular courses are Understanding Behavioral Health (BH101) with versions for the agency, academy/new hires, and family/significant supporters and The Importance of Relationship (work & home).

CO NFIDENTIALITY AND RECORDS
Information regarding any contact between a representative of FAW and any individual or group is a confidential communication between these two parties.

No other party has the right to information resulting from these contacts without written release of private health information (PHI) by the individual.

Breaches in confidentiality may only be made under the laws pertaining to mandated reporting of reasonable suspicion of harm to oneself or another.

Disclosures are permissible when an employee is mandated to attend services by the employer by using the Employer Mandated Referral Form and associated limited release of information.

All records are the property of FAW.

In the event that a client dies, the records remain confidential and are only released by court order or with written permission from the executor of the estate or the legal next of kin (legally verified).

Records will be released when legally allowed and with appropriate documentation.

Information shared for the purpose of invoice will be strictly de-identified.

FAW will share general themes and make recommendations for departmental education, if the needs arise, taking care not to identify any individual(s).

FAW is not a forensic psychology practice, and it is not within our scope of practice to appear in person, through reports or opinions, in court cases. We will make our records available, when legally able, through appropriate channels. See FAW Court Policy for additional information.

CO MP ENSATIO N
FAW does not work on retainer. We are a Fee-for-Service agency. The current year’s fee schedule provides more detailed information. The fee schedule will be adjusted annually based on market rates for similar services, insurance requirements, and other costs required to be a vendor with agencies. • Contacts that are more or less than 60 min are billed at pro-rated amount in accordance with the classification of the service provider based on the published fee-for-services schedule for the given year. • Services may be scheduled by the organization and therefore are known encounters or may be scheduled by the individual but financially supported #16..
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
by the organization. In either case, confidentiality of the information shared is expected by all in attendance.

CREDENTIALS O F FAW STAFF
Clinicians affiliated with FAW are licensed in the state of California to provide psychotherapy and education; or are registered Associates: post-graduate students registered with the state, working towards licensing eligibility and under the supervision of a licensed clinician. Clinicians are well educated, experienced, and trained in utilizing evidence-based practices that are efficient and cost effective for all the concerns an individual or family may face.

Services are provided via telehealth: secure video conferencing, on the phone or in-person upon request, where available. Clients must be in a stationary, safe and confidential space during scheduled meetings.

AVAILABILITY
FAW staff set their own work hours. Scheduling agreements are made directly between the client and the primary clinician. In most cases meetings, phone calls, and other services are conducted during regular business hours.

For contracted agencies that opt in to the full Clinical Oversight program FAW staff is available as often as possible to include after hours, weekends, and holidays. However, this is not a guarantee. Instructions for seeking urgent care are provided on the office voice mail as well as individual providers lines.

Emergency situations that involve life and death should always be referred to 9-1-1 or the nearest emergency medical services.

Staff availability can be reduced during high request events, holidays, or on other occasions. As we are requested in times of crisis by non-contracted agencies, in the event of multiple requests, priority is given to our contracted agencies.

Office VM: 760-650-4128 and staff emails are checked on regular business days only. Instructions for urgent matters are available in the VM recordings on the office line as well as on direct clinician numbers.

NONDISCRIMINATIO N
In performing services under this agreement, FAW shall not discriminate in the employment of its employees or in the engagement of any sub-contractor on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. #16..
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First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive#101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455

CO NCERNS REGARDING SERVICES
In the instance that an individual is unhappy with the services they are receiving from a member of the FAW team, we highly encourage discussing that dissatisfaction with the provider. If that is uncomfortable, such concerns can be directed to:
• Tina Casola, LMFT at [email protected]
• Sapna Lee, LMFT at [email protected]
• Julie Schrope, Office Manager at [email protected] If the parties involved are unable to come to a resolution that is not congruent to therapeutic growth for the individual or the provider, recommendations for additional services will be provided prior to termination of services. Fees for services previously provided are not refundable and all balances must be paid in full.
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EXHIBIT B
Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
FEE SCHEDULE and Options for payment
(Effective January 1, 2023)
Administrative Fee: Applies only to organizations requiring insurance endorsements. Each department and/or municipality will incur a fee of $500 each year on July 1st (fiscal year start), for contract processing, required insurance endorsements, and any other administrative tasks pertaining to the contract. The fee will be due immediately upon signing and every year hence on July 1st.

Fee-for-service: This can also be described as private pay, direct pay, or a cash fee.

Insurance: First Alarm Wellness does not directly bill insurance programs and is not paneled with any insurance company at this time. We can provide individuals with a specific receipt (Superbill) to provide to their insurance provider if they desire to seek reimbursement for services paid. For information about reimbursements, contact your insurance provider.

EAP (Employee Assistance Programs): First Alarm Wellness is not an EAP, nor are we paneled providers with any EAPs at this time. The relationship we have with several organizations is as a supplemental program, usually in addition to EAP and insurance benefits.

Health Savings/Flexible Savings Accounts: If you utilize a HSA or FSA and have a billing card, you can use this just as you would a debit or credit card to pay for services. For those who have these accounts but need to submit receipts for reimbursement, we are happy to provide those to you.

Workers Compensation (WC): First Alarm Wellness works in collaboration with several cities, districts, departments, and their third-party administrators to provide effective intervention and ensure proper utilization of funding those supportive services. These agreements are authorized by the agencies and paid outside the standard DWC fee schedule. *Must be authorized with TPA by agency and instructed to pay as presented, in full.

Court Services: Please be advised that the therapists, pre-licensed clinicians (aka Associates) and staff of First Alarm Wellness, A Family Therapy Corporation (FAW) do not participate in person, by phone or in writing in any court related matter that the client of FAW may be a party to or become a party to in any way. The staff of FAW do not write letters regarding their client’s treatment to any entity, including court. The staff of FAW at no time will offer an opinion or recommendation in any court matter, especially as it relates to custody.

If a court order is served and is requesting staff of FAW be present in person and or there is a request for records, the client's consent will be requested before turning over confidential information.

Applicable fees for staff time will apply.

If called to testify in a deposition or court hearing, the client may not discern between information and records provided. All information and records are available for discovery. This may not be in the best interests of the client. The treating clinician(s) reserves the right to discuss the implications of releasing information and records.
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Subpoenas received requesting client files, issued through approved agencies and with proper documentation will be processed as soon as possible. A subpoena in which the client provided the staff as a potential witness shall be billed in full for all court related activity.

The client will be told what has been requested by the court and asked if they would like to file an objection. There is no guarantee that the information will be kept confidential as the law allows under certain conditions. Records include and are not limited to mental health history, current status, communications (emails and texts), consent documents and questionnaires, and/or everything contained in the client file. We are unable to redact or send only certain records nor do we keep records in a manner to support an agenda or omit information. The clinician client relationship does not render the clinician as an advocate.

Court Policy Fee’s: Please be advised that should a clinician from FAW be court ordered to appear in court or at a deposition, the fee stipulation is as follows:
• $5,000 per day plus $400 per hour for travel to and from the court. • Any expenses incurred for transportation, lodging, and food. • $400 per hour for preparation, as determined by the provider. • Additional attorney’s fees, driving/transportation, and lodging costs or other ancillary services will be added and billed at cost.
• Should the requested clinician be pre-licensed their supervisor will also be required to attend and will be paid fees in accordance with their attendance.

Please be advised that should a FAW staff member be ordered by court to write a letter to the court, the time shall be billed at $400 per hour.

All staff of FAW will NOT be ON-CALL at any time. Should a case be trailed, or continued, the staff will be paid in full for each day as well as an additional $1,000 per day as it hinders the staffs ability to be available to their other clients and commitments.

All court fees must be received by cashier’s check 7 days prior to the court date.

Should the court calendar the hearing for another date a new subpoena with the new court hearing date must be re-issued.

Should the FAW staff member be on vacation, the party initiating the court order must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena and may be subject to reimburse costs incurred by the staff member as a result of the court order.

Fees for Out of Scope, Additional, Specialty Clinician or Ad Hoc Work: Fee for Services for work that is outside our current capabilities, FAW will attempt to identify an appropriate provider/service, validate their experience, license and insurance and engage them as a subcontractor. The rate for service may be above those stated in the hourly billable rate schedule. If so, FAW will request authorization, in writing, from the agency/individual prior to services being rendered by the Specialty Clinician.

Return to work evaluations: FAW does not currently offer return to work evaluations that require psychological testing. In those cases where a formal evaluation is required by the employer, the #16..
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
employer typically recommends a suitable provider to perform the evaluation. At the request of the client, with a signed release of information, FAW staff will communicate with those providers. Should FAW be asked to perform the evaluation and contract for testing services, additional fee’s may be required.

Telehealth: Includes phone, video conference (preferred), chat or other similar remote methods.

Standard hourly rates (Local) will apply.

On-Site Hourly Rates, per Clinician/Consultant: Minimum four (4) hours to be billed regardless of time on-site. Additional time will be prorated and billed at the onsite hourly rate- applicable to the location. There are no additional charges for the clinicians travel time. Reimbursable travel expenses as described in this document apply.
• Local: travel time (at the time of service) is less than 30 min each way. • Out of area (at the time of service) is more than 30 min each way.

Travel Arrangements and Reimbursement: When FAW staff visit onsite at the request of an agency, costs for travel and accommodation will be billed at-cost to the agency, with no markup. In lieu of rental vehicles or other transportation, use of personal vehicles for onsite travel will be billed at the federal reimbursement rate for travel as published for that year.

Cancelation or postponements: In the case that an agreed-upon and confirmed on-site visit/training/event is canceled by the agency or postponed or reduced from the originally scheduled and confirmed plan for instructors or training days, the agency will be billed for all non-refundable travel related expenses incurred in preparation for this assignment.

In the case that the agency cancels/postpones a confirmed training less than 7 business days of the scheduled start date, 25% of the original training fee (to include all onsite hours for all instructors scheduled for the hours confirmed) in addition to any non-refundable travel fees, will be assessed.

Administrative Support: Julie Schrope, [email protected], 760-650-4128 All other needs: Tina Casola, [email protected], 760-275-1469 #16..
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Igniting the Discussion of Mental Wellness for First Responders First Alarm Wellness, A Family Counseling Corporation
Who helps the Helpers? We do!
122 Civic Center Drive, #101 Vista, California 92084
[email protected]
VM: (760) 650-4128 Confidential Fax: (888)464-4455
Pricing Schedule
*Standard Hourly Rate: at clinician office or by telehealth; and in area “Local” site visits.
**On Site out of “Local” area Hourly Rate: 4-hour min (Out of Area is >30 min drive time one way); 5 hours and above
prorated at hourly rate.
*Standard
Hourly Rate:
**On Site out of “Local”
area Hourly Rate:

Year 1 – December 31, 2024 – December 30, 2025
All FAW Clinicians in a clinical role $225 $250
Administrative Support (non- clinician) $85 N/A
Human Resources or Workers’ Compensation
Consultant (non-clinical)
$85 N/A
Covid Case Management Services (non-clinical) $150 $175 Year 2 – December 31, 2025 – December 30, 2026
All FAW Clinicians in a clinical role $236.50 $262.06
Administrative Support (non- clinician) $89.25 N/A
Human Resources or Workers’ Compensation
Consultant (non-clinical)
$89.25 N/A
Covid Case Management Services (non-clinical) $157.50 $183.75 Year 3 – December 31, 2026 – December 30, 2027
All FAW Clinicians in a clinical role $248.06 $275.63
Administrative Support (non- clinician) $93.71 N/A
Human Resources or Workers’ Compensation
Consultant (non-clinical)
$93.71 N/A
Covid Case Management Services (non-clinical) $165.38 $192.94 Year 4 – December 31, 2027 – December 30, 2028
All FAW Clinicians in a clinical role $260.47 $289.41
Administrative Support (non- clinician) $98.40 N/A
Human Resources or Workers’ Compensation
Consultant (non-clinical)
$98.40 N/A
Covid Case Management Services (non-clinical) $173.64 $202.58 Year 5 – December 31, 2028 – December 30, 2029
All FAW Clinicians in a clinical role $273.49 $303.88
Administrative Support (non- clinician) $103.32 N/A
Human Resources or Workers’ Compensation
Consultant (non-clinical)
$103.32 N/A
Covid Case Management Services (non-clinical) $182.33 $212.71 #16..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: October 28, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Second Amendment to Agreement with West Coast Door and Gate CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving a Second Amendment with West Coast Door and Gate, Ceres, CA, for Oncall Commercial Roll-up Door Maintenance and Repair Services, increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On December 3, 2019, by Resolution 2019-535, Council approved a two-year Agreement with three one-year extension options with West Coast Door and Gate, for an annual estimated cost of $34,000 and a total amount not to exceed $170,000 over five years. At the time, this was to maintain and service the approximately 60 commercial roll-up doors at 15 fire stations located throughout the City of Modesto and the City of Oakdale / Oakdale Fire Protection District.

On October 24, 2023, under Resolution 2023-467, Council approved the First Amendment to increase the agreement by $66,000 to revise the total amount not to exceed $236,000.

Since the original contract, the City has also entered into a contract for service Agreement with the Salida Fire Protection District, which added six additional doors. In addition, due to the recent increase in call volume, there has been an increase in the wear and tear of the doors. Currently, the average age of the roll-up doors is 48 years. The department has nearly depleted its current funds for the remainder of the current Agreement year, which expires on December 2, 2024. As a result, a 12-month extension and Amendment of $50,000 is recommended to revise the total Agreement amount from $236,000 to $286,000 to allow time to complete a formal bid process. #17..
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City Council, December 3, 2024
Second Amendment to Agreement with West Coast Door and Gate

Page 2 of 3 ends

DISCUSSION:

In addition to MFD’s roll-up doors, there are approximately 100 roll-up doors throughout the City that require on-call maintenance and services. The roll-up doors are used daily and must be in working condition to ensure that Fire apparatus, Modesto Police vehicles, Fleet vehicles, and other City vehicles can exit timely and safely. Due to the current doors averaging 48 years of age, the department faces an increase in repairs. At times, the age of the doors also requires custom parts specified to the door, as original parts are no longer available.

City staff is currently working on a Facility Condition Assessment Program, which will allow the City to plan for the deferred maintenance priorities needed to address maintenance services and avoid unexpected maintenance services. This will benefit the department and prevent it from opening emergency purchase orders with unexpected costs.

Modesto Municipal Code Section 8-3.03 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 (e) “Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long-term agreement or to avoid disruption to City projects or services.” The City’s need and scope of services has increased over the last five (5) years, creating a delay in the formal bidding process that our Building Services department will take over to ensure that all City facilities are managed and maintained through the Facility Condition Assessment Program. Therefore, to meet these goals, an increase will be necessary to the current agreement of $236,000 by $50,000 to revise the total amount not to exceed to $286,000 and extend the agreement through December 2, 2025, to allow time to complete a formal bidding process.

The required formal bid is currently in process to have a new Agreement in place by the expiration of this Amendment.

FISCAL IMPACT:

Historical annual spending for maintenance and repair services on West Coast Door and Gate Agreement #171148:

Fiscal Year Annual Amount
2019-20 $27,857
2020-21 $34,390
2021-22 $30,307
2022-23 $72,282
2023-24 $47,106
At this point, there is only $24,060 remaining in the $236,000 Agreement. With historical spending and recent increased costs and services, staff recommends adding $50,000 to the Agreement, for a revised amount not to exceed $286,000.

COMMITTEE RECOMMENDATION:

This item was presented at the October 21, 2024 Finance Committee meeting, and the Committee recommended forwarding the item to Council for approval. #17..
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City Council, December 3, 2024
Second Amendment to Agreement with West Coast Door and Gate

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Second Amendment with West Coast Door and Gate, Ceres, CA for the on-call Commercial Roll-up Door Maintenance and Repair Services increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. Second Amendment

3. First Amendment

4. Original Fully Executed Agreement (with all Exhibits)

5. Bid Waiver
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING THE SECOND AMENDMENT WITH WEST

COAST DOOR AND GATE, CERES, CA FOR THE ON-CALL COMMERCIAL

ROLL-UP DOOR MAINTENANCE AND REPAIR SERVICES INCREASING THE AGREEMENT AMOUNT BY $50,000 TO A NEW TOTAL AMOUNT OF $286,000 AND EXTENDING THE TERM OF THE AGREEMENT FROM
DECEMBER 2, 2024, TO DECEMBER 2, 2025, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on December 3, 2019, by Resolution 2019-535, Council approved a two-year Agreement with three one-year extension options with West Coast Door and Gate, for an annual estimated cost of $34,000 and a total amount not to exceed $170,000 over five years; and
WHEREAS, on October 24, 2023, under Resolution 2023-467, Council approved the First Amendment to increase the agreement by $66,000 to revise the total amount not to exceed $236,000; and
WHEREAS, since the original contract, the City has also entered into a contract for service Agreement with the Salida Fire Protection District, which added six additional doors. In addition, due to the recent increase in call volume, there has been an increase in the wear and tear of the doors. Currently, the average age of the roll-up doors is 48 years; and
WHEREAS, the department has nearly depleted its current funds for the remainder of the current Agreement year, which expires on December 2, 2024. As a result, a 12- month extension and Amendment of $50,000 is recommended to revise the total Agreement amount from $236,000 to $286,000 to allow time to complete a formal bid process; and
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WHEREAS, Modesto Municipal Code Section 8-3.03 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 (e) “Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long-term agreement or to avoid disruption to City projects or services; and WHEREAS, the required formal bid is currently in process to have a new Agreement in place by the expiration of this Amendment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment with West Coast Door and Gate, Ceres, CA for the on-call Commercial Roll-up Door Maintenance and Repair Services increasing the Agreement amount by $50,000 to a new total amount of $286,000 and extending the term of the Agreement from December 2, 2024, to December 2, 2025.

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

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
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ATTEST: ________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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SECOND AMENDMENT TO AGREEMENT

WITH WEST COAST DOOR AND GATE FOR ON-CALL COMMERCIAL ROLL-UP

DOOR MAINTENANCE AND REPAIR SERVICE
This Second Amendment to the Agreement for ON-CALL COMMERCIAL ROLL-UP DOOR MAINTENANCE AND REPAIR SERVICE (“Second Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and West Coast Door and Gate, a California sole proprietor (hereinafter “Contractor”) as of the _______ day of ____________, 2024.

RECITALS
This Second Amendment to the Agreement for On-Call Commercial Roll-Up Door Maintenance And Repair Service is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an agreement for On-Call Commercial Roll-Up Door Maintenance And Repair Service on the 3rd day of December 2019 (the “Agreement”), and
WHEREAS, CITY and CONTRACTOR approved the First Amendment to the Agreement on the 24th day of October 2023 increasing the total amount not to exceed $236,000 and execute the Year 5 extension option extending the term of the Agreement through December 2 nd, 2024, and
WHEREAS, CITY and CONTRACTOR desire to further amend the Agreement to increase the compensation paid for services by $50,000 for a revised total amount not to exceed $286,000, and
WHEREAS, CITY and CONTRACTOR desire to extend the term of the Agreement for an additional twelve (12) months through December 2nd, 2025. #17..
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NOW, THEREFORE, in consideration of this Second Amendment, and the mutual promises, covenants, and stipulations contained in the Agreement, as amended, and this Second Amendment, the parties agree as follows:

1. Section 1 “SCOPE OF WORK”, paragraph (f), of the Agreement shall be deleted and replaced in its entirety with the following: CONTRACTOR shall furnish the service defined for the following contracted rates, for a total amount not to exceed $286,000.

2. Section 3, “TERM OF AGREEMENT”, paragraph 1, of the Agreement shall be amended to include the following:

Year 6: December 3, 2024, through December 2, 2025

3. Except as modified and amended by this Second Amendment, all other provisions of the Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Second Amendment to the Agreement for On-Call Commercial #17..
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Roll-Up Door Maintenance and Repair Service by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2024-_____ on the ________ day of ___________, 2024, and West Coast Door and Gate has caused this Second Amendment to be duly executed as of the Effective Date.
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FIRST AMENDMENT TO AGREEMENT

WITH WEST COAST DOOR AND GATE FOR ON-CALL COMMERCIAL ROLL-UP

DOOR MAINTENANCE AND REPAIR SERVICE
This First Amendment to the Agreement for On-Call Commercial Roll-Up Door Maintenance and Repair Services (“Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and West Coast Door and Gate, a California sole proprietor (hereinafter “CONTRACTOR”) entered into by the parties on the ___________ day of __________________, 2023.

RECITALS
This Amendment is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for On-Call Commercial Roll-Up Door Maintenance and Repair Services on the 3 rd day of December
2019 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase the compensation paid for services by $66,000 for a revised total amount not to exceed $236,000, and
WHEREAS, CITY and CONTRACTOR desire to execute the Year 5 extension option and extending the Original Agreement through December 2, 2024.

NOW, THEREFORE, in consideration of this Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this Amendment, the Parties agree as follows:

1. The first sentence of SCOPE OF WORK, Section 1, paragraph 5, of the Original Agreement shall be amended in its entirety to read as follows: “CONTRACTOR shall DocuSign Envelope ID: 8E4E31A6-255F-414B-B245-FCC3A12ACFE5 24th October
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furnish the service defined for the following contracted rates, for a total amount not to exceed $236,000.”

2. The Parties hereby mutually agree to extend the Term of the Agreement through Year 5, as specified in Section 3 of the Original Agreement.

3. Except as modified and amended by this Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for On-Call Commercial Roll-Up Door Maintenance and Repair Services by its City Manager and attestation by its City Clerk under authority of Resolution No. __________, adopted by the City Council of the City of Modesto on the ________ day of ___________, 2023, and West Coast Door and Gate has caused this Agreement to be duly executed as of the Effective Date.

DocuSign Envelope ID: 8E4E31A6-255F-414B-B245-FCC3A12ACFE5 24th October
2023-467
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 8E4E31A6-255F-414B-B245-FCC3A12ACFE5

WEST COAST DOOR AND GATE
GM
26-0219209
Madeline Patterson
James Patterson Owner
11/6/2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: October 28, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Cal OES HazMat Vehicle Transfer Agreement
CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The California Governor’s Office of Emergency Services (Cal OES), Fire, Rescue and Hazmat program has developed a Regional Hazardous Materials Response (HazMat) program that is similar to the Cal OES Fire Engine Program that the City currently participates in. The program is intended to provide additional response capability and fill in the gaps across the state where there is limited or no response capability for Hazardous Materials by Rail. This program includes supplying the Department with a HazMat response vehicle as well as reimbursing costs related to responses, including staff time and resources. The Modesto Fire Department currently houses and staffs a Cal OES Hazardous Materials Response Unit (HM41) which was recently upgraded from a Type II to a Type I1 Hazardous Material Response Vehicle. The upgrades included additional equipment to detect biological hazards and WMD threats as well as an increased level of training provided by Cal OES to the staffing of our HazMat unit to be able to identify and mitigate threats of this nature. As participants of the HazMat program, Cal OES provides reimbursement to the Department of the costs associated with such training of https://www.caloes.ca.gov/office-of-the-director/operations/response-operations/fire-rescue/hazardousmaterials/regional-hazardous-materials-response-rhmr-program/cal-oes-type-ii-haz-mat-vehicle-program/ #18..
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City Council, December 3, 2024
Cal OES HazMat Vehicle Transfer Agreement

Page 2 of 2 ends

personnel to the level of HazMat Specialist, including the cost of intrastate travel to attend courses and the cost of backfilling for the personnel that attend the training.

DISCUSSION:

The term of the Vehicle Transfer Agreement is for ten years, from July 12, 2024, through July 12, 2034. Upon acceptance of the agreement with Cal OES, MFD agrees to house, maintain, and respond with the apparatus when requested. It is expected, but not required, that MFD shall be available, for a minimum of seven days, to staff and operate the HM41 Unit, with staffing consisting of either eight Certified HazMat Specialist personnel with WMD qualifications (Type I) or five Certified HazMat Specialist personnel (Type II). If current staffing levels cannot accommodate this, the apparatus may be removed from the state’s response system.

Apparatus housing requirements shall consist of being housed on the property of the Modesto Fire Department in a manner that provides reasonable protection against inclement weather, sabotage, theft, or malicious damage. Apparatus maintenance will include the care of batteries, tires, appliances, lubrication, fuel, general cleaning, and minor repairs. Repairs that are $100 or less are the responsibility of the City of Modesto. Repairs that exceed the $100 threshold are the responsibility of Cal OES and will require a $100.00 deductible.

FISCAL IMPACT:

The cost of repairs, up to a maximum of $100 per repair, is fully budgeted and allocated in the General Fund Fire Department’s Operating Budget within the Facilities and Fleet Cost Center (18610).

COMMITTEE RECOMMENDATION:

This item was presented at the Safety and Communities Committee meeting on October 14, 2024, and the Committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle and authorizing the City Manager, or his designee, to execute the Agreement.

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

1. Resolution

2. Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF

CALIFORNIA OFFICE OF EMERGENCY SERVICES TO TEMPORARILY
HOUSE AND MAINTAIN A TYPE 1 HAZMAT EMERGENCY RESPONSE

VEHICLE, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE AGREEMENT
WHEREAS, the California Governor’s Office of Emergency Services (Cal OES), Fire, Rescue and Hazmat program has developed a Regional Hazardous Materials Response (HazMat) program that is similar to the Cal OES Fire Engine Program that the City currently participates in; and
WHEREAS, this program includes supplying the Department with a HazMat response vehicle as well as reimbursing costs related to responses, including staff time and resources; and
WHEREAS, the Modesto Fire Department currently houses and staffs a Cal OES Hazardous Materials Response Unit (HM41) which was recently upgraded from a Type II to a Type I Hazardous Material Response Vehicle. The upgrades included additional equipment to detect biological hazards and WMD threats as well as an increased level of training provided by Cal OES to the staffing of our HazMat unit to be able to identify and mitigate threats of this nature; and WHEREAS, as participants of the HazMat program, Cal OES provides reimbursement to the Department of the costs associated with such training of personnel to the level of HazMat Specialist, including the cost of intrastate travel to attend courses and the cost of backfilling for the personnel that attend the training; and #18..
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WHEREAS, the term of the Vehicle Transfer Agreement is for ten years, from July 12, 2024, through July 12, 2034. Upon acceptance of the agreement with CalOES, MFD agrees to house, maintain, and respond with the apparatus when requested.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council hereby approves an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle.

BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all documents and agreements, in a form approved by the City Attorney.

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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In Process

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
3650 SCHRIEVER AVENUE  MATHER, CA 95655

FIRE AND RESCUE DIVISION
PHONE: (916) 845-8711  FAX: (916) 845-8396
July 1, 2024
Kevin Wise, Fire Chief
Modesto Fire Department
409 12th Street
Modesto, CA 95354
Dear Chief Wise:

Enclosed are two copies of the Assignment of Hazardous Materials Vehicle and Equipment Agreement covering the assignment of the Governor’s Office of Emergency Services’ (CAL OES) Hazmat vehicle No. 41 to the Modesto Fire Department.

Please have the authorized official sign both copies of the above-mentioned Agreement and return one original set to our office. CAL OES also requires that Modesto Fire Department provide us with an updated Certificate of Insurance or, letter certifying self- insurance, in accordance with Paragraph 18 or 19 within 30 days.

Please read the Agreement carefully and if you have any questions regarding this assignment, please feel free to contact our office.

If you have any questions regarding this assignment, please feel free to contact our office.

Sincerely,

BRIAN MARSHALL
State Fire and Rescue Chief
Enclosures
CC: Chief Eric Walder, Region IV Fire and Rescue Coordinator Chief Chris Parnell, Stanislaus Operational Area Coordinator Sam Marouk, CAL OES Deputy Chief of Operations
Larry Collins, CAL OES Duty Chief, Special Operation and Haz Mat Section Chuck Tobias, CAL OES Assistant Chief, Special Operation and Haz Mat Section Corey Zander, CAL OES Assistant Chief for Region IV
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
1 7/2024
Agreement for Temporary Assignment of Vehicular Equipment

AGREEMENT FOR

TEMPORARY ASSIGNMENT OF VEHICEL AND EQUIPMENT
THIS AGREEMENT, entered into this 1st day of July, 2024 by and between the between the GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES)," and Modesto Fire Department, acting by and through its duly appointed, qualified and acting officers, hereinafter called "ASSIGNEE”.

W I T N E S S E T H:

WHEREAS, the State of California has purchased fire apparatus and equipment for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan; and
WHEREAS, CAL OES is authorized to assign these fire apparatus and equipment to local jurisdictions throughout the State under written agreements to be staged for CAL OES purposes and for use by local jurisdictions for the purposes described below; and IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows: CAL OES

1. ASSIGNMENT. CAL OES hereby transfers possession of the below identified Hazardous Materials Vehicle and equipment listed on the attached and incorporated by reference Exhibit "A" (hereinafter, collectively referred to as “Apparatus”) to ASSIGNEE and ASSIGNEE hereby accepts possession from CAL OES. a. Vehicle Description: 2017 HME AHRENS-FOX Type I
Hazardous Materials Vehicle
Vehicle Designation: HM-41
Vehicle License Number: 1527901
Vehicle Identification Number: 44KFT4287HWZ22893
Value of Vehicle: $538,000.00
Value of Hose and Appliances: $442,191.00
b. Equipment inventories (Exhibit "A") may by mutual written concurrence of the CAL OES and ASSIGNEE be changed during the term of this Agreement, utilizing property accountability procedures established or approved by the State.

2. TERM. The term of this Agreement shall commence on July 1, 2024 for ten (10) years unless terminated pursuant to the terms of this Agreement.

3. CONSIDERATION. Consideration for this Agreement is the mutual benefit the parties will enjoy by having the Apparatus locally available for use as provided in this Agreement.

4. HOUSING, MAINTENANCE, REPAIR, AND REPLACEMENT.
a. During the term of this Agreement, ASSIGNEE agrees to adequately house in an enclosed secure structure, staff, operate, maintain and repair the Apparatus and equipment at its sole cost and expense, except as otherwise expressly provided in this Agreement. ASSIGNEE also agrees to complete all reports and maintain records consistent with Section 16 and 17.

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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
2 7/2024
Agreement for Temporary Assignment of Vehicular Equipment Apparatus shall be housed on property of the ASSIGNEE in a manner to provide reasonable protection against inclement weather, sabotage, theft, or malicious damage. Apparatus shall be maintained in such condition that it is available for immediate emergency use, and at the same standard as other emergency apparatus operated by ASSIGNEE. Maintenance shall include care of batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tune-ups, transmission, differential and all running gear, brake and exhaust systems, cooling devices including radiator, and equipment assigned to Apparatus. b. Repairs to the Apparatus up to $100.00 for each individual item of repair shall be the responsibility of ASSIGNEE.
c. Repairs to the Apparatus that exceed $100.00 for each individual item of repair shall be the responsibility of CAL OES on a $100.00 deductible basis, unless in the sole judgment and discretion of the CAL OES the need for repair results from misuse or negligence on the part of ASSIGNEE in the maintenance or use of the Apparatus, in which event the cost of each such item of repair above $100.00 will be the responsibility of ASSIGNEE. In no event will ASSIGNEE arrange for repairs costing over $100.00 for any item of repair, whether it is the responsibility of CAL OES or ASSIGNEE, without first obtaining written authorization from the CAL OES Fire and Rescue Division.
d. Notwithstanding the foregoing, replacement of batteries and tires for the Apparatus shall be the responsibility of CAL OES, except to the extent CAL OES determines that the damage thereto is the result of negligence or misuse on the part of ASSIGNEE, in which event ASSIGNEE will bear such portion of the replacement cost thereof as the CAL OES deems equitable. Procurement of tires and batteries is subject to State fiscal policies and procedures, and written approval must be obtained from the CAL OES Fire and Rescue Division prior to procurement.
e. Maintenance and repairs must be requested and authorized pursuant to the most recent version of the CAL OES Fire and Rescue Division Operations Bulletin #18, which is hereby incorporated into this Agreement by reference.
f. Repair or replacement of the Apparatus transferred hereunder which is lost, stolen, damaged, or destroyed during mutual aid operations when CAL OES has dispatched or directed the dispatch of the Apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when CAL OES has reassigned said Apparatus, shall be the responsibility of CAL OES. If the loss or damage is due to the negligence of ASSIGNEE, ASSIGNEE shall be liable to the extent that the CAL OES deems equitable. ASSIGNEE agrees that it will assume responsibility in full for the repair or replacement of equipment which has been lost, stolen, damaged or destroyed in operations other than referred to in this paragraph. g. A Smoke Opacity Test and Ladder Certification Test must be completed annually by ASSIGNEE. Calibration or recalibration of detection equipment shall be completed as required by the manufacture’s recommendation and/or by OSHA.

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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
3 7/2024
Agreement for Temporary Assignment of Vehicular Equipment

5. INSPECTION OF APPARATUS: ASSIGNEE agrees that representatives of the CAL OES Fire and Rescue Division and other authorized State personnel may inspect the Apparatus at any time.

6. USE OF THE APPARATUS: The use of the Apparatus is intended to provide for mutual aid, multiple alarm event and emergency incidents, emergency incidents threatening properties vital to national defense or important military installations, training of regular, volunteer and auxiliary firefighters and temporary standby for ASSIGNEE’s regular vehicle and the regular apparatus of other departments while out of service for repairs. The Apparatus is also intended for surge capacity and to fill in the gaps across the state where there is limited or no response capability.

CAL OES reserves the right to dispatch the Apparatus at the discretion of the Director of CAL OES, his/her designated representatives, or the Operational Area, and Regional Fire and Rescue Coordinators. Reimbursements for such deployments use protocols in keeping with master mutual aid request and include funds for both overtime and backfilling for the deployed members on a portal-to-portal basis. For uses other than when activated through CAL OES Fire and Rescue Mutual Aid System to provide Hazardous Materials Mutual Aid in accordance with the California State Mutual Aid Plan, any portion of the Apparatus assigned that cannot be decontaminated, or is disposable and cannot be reused, will be billed to the responsible party at current cost for replacement. The ASSIGNEE will pursue these costs from any identified responsible parties. In either case the ASSIGNEE will immediately notify the Operational Area Dispatch Center or CAL OES. The ASSIGNEE further agrees that Cover-in or Standby of an assigned Aparatus exceeding 90 days is at the discretion of the CAL OES.

7. OPERATING PROCEDURES: The ASSIGNEE will develop and implement written operating procedures consistent with approved FIRESCOPE Type I Hazardous Materials Team operational and safety practices and with CAL OES operating procedures that provide clear instructions for safely conducting activities involved in each Vehicle Personal Protective Equipment (PPE) and Specialized Equipment.

8. TRAINING AND STAFFING OF THE APPARATUS:
a. ASSIGNEE will staff the apparatus per FIRESCOPE Type I Hazardous Material ICS standards (http://www.firescope.org/). All personnel assigned to the Apparatus must meet California Hazardous Materials Type I Response Training requirements and ICS standards established in Title 8, Industrial Relations Section 5192. The list of personnel that the ASSIGNEE selects for training must be submitted at a minimum of thirty (30) days prior to the start of the class for approval by CAL OES Fire and Rescue Division. b. ASSIGNEE will ensure that continual training is conducted so that the requisite number of certified Hazardous Materials Specialists will at all times be available to staff and operate the Apparatus, including when the Apparatus and its staff are activated through CAL OES Fire and Rescue Mutual Aid System to provide Hazardous Materials Mutual Aid in accordance with the California State Mutual Aid Plan.
c. Upon such activation by CAL OES Fire and Rescue, ASSIGNEE will provide a minimum of eight staff to the Apparatus who are certified Hazardous Materials Specialists with WMD qualifications, one of whom must be trained to the minimum of Assistant Safety Officer HazMat per ICS-HM-222-5, and meeting or having the equivalent to the requirements found in Title 19 CCR 2520(r) for a Type I response.

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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
4 7/2024
Agreement for Temporary Assignment of Vehicular Equipment d. Upon such activation by CAL OES Fire and Rescue, ASSIGNEE will provide a minimum of five staff to the Apparatus who are certified Hazardous Materials Specialists, one of whom must be trained to the minimum of Assistant Safety Officer HazMat per ICS-HM-222-5, and meeting or having the equivalent to the requirements found in Title 19 CCR 2520(r) for a Type II response.

Additionally, the eight staff (Type I response) or five staff (Type II response) provided by ASSIGNEE upon activation by CAL OES Fire and Rescue must have the following minimum qualifications:
i. Must be capable of identifying known and unknown chemical substances using a variety of identification methods, procedures, kits, and devices; ii. Must be capable of identifying known and unknown chemical, biological, radiological, nuclear (CBRN) substances using a variety of identification methods, procedures, kits, and devices (Type I response); iii. Must be able to utilize electronic detection and continuous monitoring systems;
iv. Must be able to employ proper methods for substance capture, evidence collection, sampling, and labeling;
v. Must be able to utilize radiological detection devices for alpha, beta, and gamma threats;
vi. Must be able to ensure proper selection, use, and care of specialized chemical protective clothing, including totally encapsulating vapor protection, liquid-splash protection, cryogenic liquids protection, and ultrahigh temperature protection; and vii. Must be able to use the most up to date technical reference material and chemical database information, including chemical and physical property research, and vapor plume and mapping over-lay programs. e. The ASSIGNEE shall provide a staffing roster of 28 certified Hazardous Materials Specialists with WMD qualifications. The staffing roster must allow eight certified team members on three shifts as well as an additional four-team members due to day off and leave occurrences. Further, the personnel rotation will follow the direction outlined in the California Fire Assistance Agreement when assigned to an incident.

9. HAZARDOUS MATERIALS REFRESHER TRAINING: ASSIGNEE agrees to participate in annual Hazardous Materials refresher training and exercises in the form of continuing education and training/exercises to be scheduled cooperatively between the ASSIGNEE and the CAL OES Fire & Rescue Division. The ASSIGNEE shall prepare and maintain a record which contains the identity of the employee, the date of Apparatus operations training, total number of training hours, and the means used to verify that the employee understood the training. Refresher Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
5 7/2024
Agreement for Temporary Assignment of Vehicular Equipment training and exercises shall be properly documented to the satisfaction of CAL OES, and shall be shared with the CAL OES Fire & Rescue Division using procedures developed mutually by the ASSIGNEE and CAL OES.

10. APPARATUS OPERATION REFRESHER TRAINING: ASSIGNEE agrees to conduct Apparatus operations training annually or more often, if necessary, to each employee involved in operating the Apparatus to ensure that the employee understands and adheres to the current operating and safety procedures. CAL OES and the ASSIGNEE, in consultation with the employees involved with operating the Apparatus, will determine the appropriate frequency and type of continuing education and training for Apparatus operation. ASSIGNEE shall verify that each employee involved in operating the Apparatus has received and understood the Apparatus operation continuing education and training requirements. The ASSIGNEE shall prepare and maintain a record which contains the identity of the employee, the date of Apparatus operations training, total number of training hours, and the means used to verify that the employee understood the training. Refresher training shall be properly documented to the satisfaction of CAL OES, and shall be shared with the CAL OES Fire & Rescue Division using procedures developed mutually by the ASSIGNEE and CAL OES.

11. PERSONAL PROTECTIVE EQUIPMENT (PPE) AND SPECIALIZED EQUIPMENT: It shall be the responsibility of CAL OES to provide response personnel with all other PPE that may be required by NFPA 1991 and 1992, other NFPA Standards, and California Title 8. It shall be the responsibility of CAL OES to provide all response equipment listed for the Apparatus in the FIRESCOPE MINIMUM HAZARDOUS MATERIALS TYPE I EQUIPMENT LIST which is located at http://www.firescope.org/.

12. DISPATCHING: All movement of the Apparatus shall be handled through the official dispatching channels of ASSIGNEE. ASSIGNEE dispatchers will recognize and act on all official requests for movement of the Apparatus in conformance with the Fire and Rescue Annex (California Fire and Rescue Mutual Aid System) to the State Emergency Plan and its subsequent revisions. CAL OES reserves the right to dispatch, direct the dispatch of, or temporarily reassign the Apparatus whenever the Apparatus is essential to the protection of life and property in another jurisdiction or in the best interest of the CAL OES. The ASSIGNEE shall immediately notify CAL OES when the Apparatus is dispatched to (local or regional) emergencies other than that for State Mutual Aid. The ASSIGNEE shall notify the CAL OES Fire & Rescue Division when the Apparatus is used for exercises or to conduct training.

13. MUTUAL AID RESPONSE: Procedures for mutual aid response shall be in accordance with California Fire Service and Rescue Emergency Mutual Aid Plan.

14. REIMBURSABLE RESPONSE: Reimbursement for mutual aid may be provided pursuant to a governor’s disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, Emergency Management Assistance Compact, or the Interstate Compact as appropriate. There is no other existing provision for mutual aid reimbursement.

15. TRAINING COST:
a. CAL OES will pay for the training, outlined in paragraph 8 above, which includes tuition, in-state travel, backfill and overtime. Travel costs are calculated using the established rate based on the current California Fire Assistance Agreement with CAL OES Fire and Rescue Division. In the event that an agency-identified individual does not attend or is Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
- 652 -
In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
6 7/2024
Agreement for Temporary Assignment of Vehicular Equipment unsuccessful in completing any training paid for by CAL OES the ASSSIGNEE will be responsible for all costs including backfill, travel, and tuition. All costs for training, including travel and backfill, must be pre-approved in writing by CAL OES. b. If training is less than 50 miles from home fire station the backfill will cover a maximum of 12 hours while the member is in training status. If training is more than 50 miles, backfill will cover all of the scheduled hours in training and travel of that member. c. Those receiving the reimbursable training are, expected to fulfill a minimum 1 (one) year commitment. ASSIGNEE will be required to reimburse CAL OES for those who attended the reimbursable training but did not fulfill the minimum time commitment so those funds can be used to train another team member.

16. REPORTS AND RECORDS: ASSIGNEE shall maintain daily and monthly reports on the details of Apparatus use on CAL OES F-101 Form. Written results of all tests and reports shall be forwarded to CAL OES’ Fire and Rescue Division (Special Operations and Hazardous Materials Section), by the end of the calendar year. The most recent copies of the tests and reports shall be maintained in the Apparatus logbook.

17. REPORT OF ACCIDENTS: ASSIGNEE shall immediately notify the CAL OES Fire and Rescue Division following any and all accidents involving the Apparatus. It shall be the responsibility of ASSIGNEE to fill out State Form 270, "Report of Automobile Accident," and file the report with the Governor’s Office of Emergency Services. A copy of this report shall be retained by the ASSIGNEE and the original and four copies forwarded to CAL OES.

18. INSURANCE PROTECTION (Non- State Agencies):
a. ASSIGNEE agrees forthwith to furnish evidence of insurance protecting the legal liability of the ASSIGNEE and CAL OES for liability and/or property damage with a combined single limit of $1,000,000.00 per occurrence, by means of a Certificate of Insurance naming the State of California as Additional Insured. Said certificate shall contain an Agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the CAL OES and that CAL OES is not liable for the payment of any premiums or assessments thereon. Said certificate must include the description of the apparatus including VIN, state license number, and CAL OES unit number.
b. In the event the ASSIGNEE is self-insured, ASSIGNEE in lieu of a certificate of insurance shall furnish CAL OES a written statement of such fact. In such event, ASSIGNEE agrees to hold the CAL OES harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the Apparatus under the terms of this Agreement.
c. Physical damage insurance, including collision coverage and comprehensive coverage, must be obtained. The State of California will be named as a loss payee. In the event of a non-total loss, ASSIGNEE is responsible for returning Apparatus to original standard. The description of the Apparatus and the necessary amount of insurance required is outlined in attached Exhibit "B" which is by this reference made a part hereof.

19. INSURANCE PROTECTION (State Agencies): Any insurance necessary for coverage of the Apparatus will be the sole responsibility of the department having custody of the Apparatus, Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
- 653 -
In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
7 7/2024
Agreement for Temporary Assignment of Vehicular Equipment including when it directs, dispatches, and controls the use of the Apparatus. ASSIGNEE agrees to report Apparatus as being under its control to the Insurance Officer, Department of General Services.

20. TERMINATION OF AGREEMENT:
a. Either party may terminate this agreement upon fourteen (14) days’ written notice to other party.

b. ASSIGNEE may relinquish and CAL OES may repossess the Apparatus at any time for any reason upon fourteen (14) days’ notice to the other party c. CAL OES may repossess any portion of the Apparatus without written notice whenever it deems the same is not being maintained or used in accordance with this agreement.
d. Upon the termination of this agreement, ASSIGNEE agrees to return the Apparatus in the same condition as received with reasonable wear and tear excluding damage due to acts of God and conditions over which ASSIGNEE has no control.
e. As inventory changes occur, or items of equipment are replaced, deleted or added by CAL OES or replaced by ASSIGNEE, it is mutually agreed that it will be concurrently documented and added as an exhibit to this agreement.

ASSIGNEE further agrees that all replacements for equipment or the Apparatus will be made with identical or substantially like items as approved by the CAL OES.
f. Nothing in this agreement shall be construed to create a new property interest or right of action for the ASSIGNEE.

21. UNAUTHORIZED USE OF CAL OES APPARATUS AND EQUIPMENT: Use of this Apparatus other than as specified in this Agreement will be considered a breach of this Agreement.

22. USE OF RADIO EQUIPMENT:
a. CAL OES will furnish at CAL OES'S sole cost, radio equipment installed in the Apparatus to be operated on the following frequencies: 151.145 - 170.925 . b. CAL OES agrees to maintain said equipment without cost to ASSIGNEE. c. The ASSIGNEE agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission. d. CAL OES remains the owner of all radio equipment provided to ASSIGNEE, and all applications to the Federal Communications Commission seeking authority to add modify or replace radio equipment covered by this agreement shall be made by CAL OES. To activate this agreement and in compliance with the control requirements of the Communications Act of 1934, as amended, CAL OES hereby deputizes the Chief of ASSIGNEE, and such volunteers, regularly employed and salaried assistants as shall be Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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In Process
State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
8 7/2024
Agreement for Temporary Assignment of Vehicular Equipment designated by the Chief as his agents to operate said radio equipment as specified in paragraph ''c" above.

23. Assumes No Liability: CAL OES assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation as a result of ASSIGNEE furnishing or supplying work, services or material or services in connection with the performance of this Agreement or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder.

NOTIFICATION PROTOCOL: All notices must be made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the ASSIGNEE at the Modesto Fire Department, 409 12th Street, Modesto, CA 95354 and to CAL OES Fire and Rescue Division at 3650 Schriever Ave., Mather, CA 95655. Nothing herein contained shall preclude the giving of any such notice by personal service.

24. ALTERATION: It is mutually understood and agreed that this agreement cannot be amended or changed unless amended in writing and signed by the parties hereto. All prior oral agreements are superseded by this agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement upon the date first above written.

ASSIGNEE: CAL OES:

By By Nancy Ward
Kevin Wise, Fire Chief, Nancy Ward, Director
Modesto Fire Department Governor’s Office of Emergency Services By
Brian Marshall,
State Fire and Rescue Chief

Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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GAVIN NEWSOM, GOVERNOR NANCY WARD, DIRECTOR

CALIFORNIA OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
3650 Schriever Ave
Mather, CA. 95655
Phone (916) 845-8711
Night-Weekends: (916) 845-8911
Fax: (916) 845-8396

MASTER HAZARDOUS MATERIALS EQUIPMENT INVENTORY SPREADSHEET FOR
OES FIRE & RESCUE HAZ-MAT TYPE 1 VEHICLE RESOURCES
(AS OF August 9, 2024)

1. List represents all hazardous materials equipment and tools purchased and assigned to the specific Haz-Mat Type 2 Apparatus.

2. Equipment Inventory Numbers (Inv. #) are as indicated in the FIRESCOPE Standardized Hazardous Materials Equipment List (SEL).

3. For a more detailed “Description” of each individual equipment item, always refer to the SEL.

Purchase
Date
Delivery
Date
Service
Date
3-30-2016

AGENCY INFORMATION
Agency Name: Modesto Fire Operational
Area: Stanislaus Co OperationalIdentifier: XST AgencyDesignator: MST Agency Hdqtr.

Address: 409 12th Street City: Modesto ZIPCODE: 95354 OES F&RRegion: IV Business
Telephone: 209-572-9597 AlternateTelephone: 209-353-7279 AgencyFax: e-mail: [email protected]

STATION ASSIGNMENT
Agency Fire
Station #: 4 UnitNumber: HM41 Street Address: 1505 Blue Gum Avenue ZIPCODE: 95351 Station Telephone: 209-572-9554

APPARATUS INFORMATION
Manufacturer: HME Incorporated, Wyoming, MI. Engine: Cummins ISX-12 H.P.: 450 Cu.

In. 729 Height: 11’11”
Chassis: HME Wheelbase: 235” Overall
Length: 438” G.V.W.: 37,600 G.V.W.R.: 48,120
Vehicle I.D.

Number (VIN):
44KFT4287HWZ22893 OES F&R
Vehicle #: HM4101 Pantone® Color Code:

Pantone®
PMS #:

Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MASTER EQUIPMENT INVENTORY LIST – TYPE 1 HM RESOURCE
FIELD TESTING – MEL Category 1
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

1.1.1 TEST STRIPS,PH PAPER
,PACKET Packet, ¼” x 3” tabs 1 Pkt Whatman 100-12V-100 25. C-1 1

1.1.2 TEST TABS, PH PAPER,
KIT 1 Pkt

1.1.3 TEST STRIPS,OXIDIZER
PACKET Packet, approx. ¼” x 3” 1 Pkt Emquant 160-24V-100 25. C-1 1

1.1.4 TEST STRIPS,PEROXIDE
,PACKET Packet, approx. ¼” x 3” 1 Pkt Emquant PER-400-1V-50 25. C-1 1

1.1.5 TEST STRIPS, FLUORIDE 1 Pkt Spilfyter 69. C-2 3

1.1.10 TEST STRIP, WMD
CHEMICAL, 1 Pkt. Luxfer M-8
Included in M256A1 KIT

1.1.11 TEST PAPER, WMD
CHEMICAL ROLL 1 Pkt. Luxfer M-9 ROLL 49.

1.1.12 TEST PAPER, WMD
CHEMICAL, CARD 1 Case Luxfer M-256A1 kit
Includes M-8
299.

1.2.2 CHEMICALS, UNKNOWN,

QUALITATIVE
Test Kit, for testing, classifying and
detecting unknown chemicals, not for
biological substances. (Usually, the more
advanced version of the kits listed in
#1.2.1).
1 Kit Haztech KT- 7003 4100. C-1 1

1.2.3 PCB Chemicals Test
KIT
Consists of a multi-step screening
procedure to test for presence of polychlorinated biphenyl contaminated solvents. Minimum detection of 50 ppm.
1 Kit Dexil CL-50 29. C-1 1

1.2.8 WMD WATER TEST, KIT
Qualitative analysis for WMD chemicals in
water (i.e., M272 or M273 kit); Sensitive
for GA, GB, GD, GF, VX HD, and L to ppb
and ppt.
1Kit LUXFER M-272 899. C-2 3

1.2.9 WMD CHEMICALS,

REAGENT TEST KIT
Part of M18A2 or M18A3 or CAD C-2
detecting nerve (GB VX) blister(H HD HN
HT L CX ED) blood (AC CK) and
chocking/vomit (CG MD) tickets, sampling
tubes, regents, colorimetric tubes
1 Kit Complete LAURUS SYSTEMS Agentase C2
Nerve and Blister
675.
755.

CAB FRIG

1.3.3 SPECTROSCOPY,

INFRARED
Portable chromatograph system complete
with a briefcase, self-contained computer
data base and display
1 complete kit of
any one of the 3
technologies
described
Smith Detection
Model:HazMat Elite ID
Laptop Model Dell E5450 71,250 C-1 1

1.3.4 SPECTROSCOPY,
RAMAN
Portable general mass spectrometry
system with briefcase, self-contained
computer, database, and display
Rigaku 1064 nm 53,350 C-1 1
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

1.4.3 COLORIMETRIC IT;

MULTI-SENSING
Specifically designed to read up to five or
more different tubes simultaneously
during one reading survey.

Draeger
SIMULTEST I- 2
SIMULTEST II- 2
SIMULTEST III-2
470.
470.
470.

C-1 1

1.4.4 COLORIMETRIC KIT ,
WMD
Consists of selected industrial chemical
tubes assembled by the manufacturer.

Requires more advanced interpolation of
the data derived.
1 kit Draeger CDS I
CDS V
470.
470.

C-1 1

1.4.6 PUMP, BELLOWS,

ELECTRIC
A battery powered bellows pump to
augment or upgrade hand operated
bellows pump. Programmable with LCD
readout
1 kit Draeger X-ACT 5000 BASIC 1009. C-1 1

WMD BIOLOGICAL DETECTION- ELECTRONIC
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp Tray Container

1.5.1 NON-AGENT SPECIFIC

DETECTION
Sampling and detection system that will
screen for the presents of a biological
substance based on fluorescence
technologies Gives only a yes or no with a
less than 50%
2 BIO CHECK 20/20

43. C-2 3

1.5.2 AGENT SPECIFIC

DETECTION
Sampling and detection system that will
screen for the presents of a biological
substance. Based on fluorescence, PCR,
DNA replication technologies
2 Alexeter Technologies RAID DX 400. C-2 3
AIR MONITORING – MEL Category 2
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.Date Comp. Tray Container

2.1.1 OSHA STANDARD 4-GAS

WITH EXOTIC SENSOR
Continuous monitoring, independent
displays, built-in alarms, minimum of ten
feet of tubing and sampling wand. (O2
concentration in Percent; Combustible
Vapor in percent of LEL; CO
concentration in ppm; H2S concentration
in ppm). Calibrated to manufacturers
specifications.

Intrinsic to UL #913
2 Unit(s)
Honeywell RAE
MULTIRAE LITE NH3
M01Q
MULTIRAE LITE CL2
3,650. C-1 3 1

2.1.2 BUMP TEST KIT FOR

2.1.1 1 Unit Honeywell 4- Gas 252. C-2 3

2.1.2 BUMP TEST KIT Demand regulators 6 Unit each Honeywell RAE 008-3052-000 300. C-2 3

2.2.1 TOXIC VAPOR, IN PPM Capable of detecting combustible atmospheres (VOC) 2 Units Honeywell RAE MultiRAE covered in MEL 2.1.1 NA Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.Date Comp. Tray Container

2.2.2 AROMATIC

HYDROCARBON
(BENZENE RING)
MONITORING:

Device designed to detect aromatic
hydrocarbon (ring) substances. If this
utility is incorporated into the above
device, this requirement is met.
1 Unit Honeywell RAE UltraRAE 3000 4,500. C-1 3

2.2.4 AREA MONITORING
A four (4) gas or greater system that is
capable of communicating real time data
remotely to a computer. A complete
system would include a minimum of four
units.
3 Unit(s) Honeywell RAE

RAE/ LINK III
1 Host controller
1 MultiRAE NH3
1 MultiRAE CL2
1 Area RAE
3,905.
3,905.
3,905.
12,000
C-1 3

2.3.2 FREON REFRIGERANT Detects presence only, Agile UEI 350. C-1 2

2.3.4 PHOSPHINE Detects presence only. Honeywell RAE ToxiRAE 572. C-1 2 Grey

2.3.14 BUMP GASES
Isobutylene
Ammonia
Chlorine
Phosphine
Benzene
200.
240.
314.
309.
203.

C-2 3

WMD CHEMICAL DEDICATED INSTRUMENTS
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

2.4.1 NERVE AGENT
DETECTION This includes GA, GB, GD ,GF ,VX
Must have capability
to monitor and detect
for at least one
substance in each of
these six categories.

His may require one
to several instruments
depending upon
versatility of each
instrument
SMITH DETECTION LCD 3.3
13,975 C-1 3

2.4.2 BLISTER AGENTMUSTARDS DETECTION This includes H, HD, HN

2.4.3 BLISTER AGENTLEWISITE DETECTION This includes L, HL

2.4.4 BLOOD AGENT

DETECTION
This includes AC, HCN, CK, SA.Some
specialty industrial detection devices are
available

2.4.5 CHOKING/ VOMITING

AGENT DETECTION
Some specialty industrial detection
devices are available for Chlorine and
Hydrogen Chloride

2.4.6 INCAPACITATING AGENT

DETECTION
AGENT DETECTION: Specifically,
pepper spray

2.4.9 BUMP TEST KIT Bump test kit for each type of monitor with appropriate gases. 1 SMITH DETECTION C-2 3
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

2.4.10 ANTIDOTE KIT
Antidote for CWA and organophosphate
poisoning, auto-injector that administers
atropine and pralidoxime simultaneously.

Consider NARCAN as well for opiate
poisoning. Intended to self or peer care,
not for treating the public.

Two per assigned
member/ 16 Total CAL EMSA Policy #300

OES REQUESTS

AGENCY STOCK

NARCAN NASAL SPRAY

FOR POSSIBLE

EXPOSURE TO

FENTANYL
SAMPLING – MEL Category 3
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

3.1.1 COLIWASA TUBES,

DISPOSABLE
Disposable; Glass or clear plastic,
approx.... 43”, 225 ml capacity
EPA Protocol B
1 Case of
12 Wheaton 885220 155. S-2 3

3.1.5 or

3.1.6 PIPETE, TRANSFER

PLASTIC, REGULAR
BULK
Plastic, Disposable, 15 cm long 5 to 8 mil
capacity, or 30 cm long 20 ml capacity
Pkg of 100 of either
type Globe 139030-400
1218M73
145. C-2
C-2
3 3

3.1.10 TEST TUBES,

DISPOSABLE
13x100mm
Borosilicate glass, heat resistant. One hundred HazCat systems Hw4064 230. C-2 3

3.1.11 SWAB, STERILE Non-organic single use swab. 10 Texwipe 3. C-2 3

3.1.12 SPONGE, SEALED
STERILE For surface swipe. 5 Solar 5. C-2 3

3.1.15 ENVIRONMENT DIPPER,

TELESCOPIC
For collecting samples in tankers, large
tanks, creeks, canals; Usually
polyethylene extendable or telescopic
handle to approximately 8 – 24 feet, with
slip-on 500 mL plastic cup, or 500 mL
swivel ladle.
1 Unit Grainger 1199N56 255. C-4 9

3.1.16 TONGS, BEAKER
Chemical resistant stainless steel with tips
coated with PTFE, approximately 9 ½”
long.

Two
Of either type Thomas Scientific 56710 5. C-2 3

3.1.17 TONGS, CRUCIBLE
Chemical resistant stainless steel with tips
coated with plastic for handling jars,
beakers; approximately 10” long. Or one of each Ben Meadows 1199N46 15. C-2 3

3.1.19 FORCEPS
Steel, Teflon coated or uncoated, or
Plastic polypropylene, approximate length
3 ¾” to 5 ½”, with pointed or round tips.

At least two, of any
kind Scienceware
422LG
424LG
425LG

65. C-2 3
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

3.1.20 FUNNEL
Plastic, glass or metal (disposable or reuseable): Small - approximate opening measurement 1 ½” to 2” diameter;
Medium - approximate opening
measurement 2 ½” to 3 ½”; Large -
approximate opening measurement 4” to
6” diameter.
3 (1 of each size) Science Lab 60-369300000

3. 4.

6. C-2 3

3.1.21 SPATULA, SAMPLING,
LARGE “V” TYPE
Large plastic or metal, approx.. 6” to 11”
long
Total of five, in any
combination Science Lab 60-367030000 28. C-2 3

3.1.22 SPATULA, SAMPLING,
MICRO Small, Teflon coated, approx.. 7 ½” long 1 Science Lab 20. C-2 3

3.1.23 SPOON, PLSTIC
Polypropylene, approx. 7” handle, in four
sizes (1/4 teaspoon, ½ teaspoon, 1
teaspoon, 1 tablespoon.

Twelve in any
combination of
those listed
Scienceware
#36727-0000 60-367270000 32. C-2 3

3.1.24 SCOOP, STERILE, 2 OZ Small, sterile, 2 oz. 1 Pkg of 10 Sterile Ware 60-936902207 25. C-2 3

3.2.1 PUMP, SYPHON
For 55-gallon drums; All 316 stainless
steel with Teflon® piston; Hose 35 to 55
feet length; Rate 16 oz. per stroke
approximate.
1 Hand Pump ZEELINE 30A1
9DR89 250. S-2 3

3.2.3 PUMP, DIAPHRAGM,
HAND
Push-Pull with 2 lengths 1 ½” hose &
connections, 15 GPM
1 Pump
System
Bosworth
The Guzzler GH0400111-105252 225. S-2 3

3.2.7 PUMP, MECHANICAL
Approximately 15 GPM. Often is included
as part of a tool inventory in support of
decontamination processes. 1 Hazmat Resource Wayne WAPC250 278. TC-1

3.2.8 STINGER, KIT Aluminum pipe 4” dai. And 12’ long 1 NorthWest Hazmat 1728. S-1 2

3.2.9 SYSTEM GROUNDING

AND BONDING,

CAPABILITY
Complete system to consist of grounding
rods, cables and ground resistance tester AEMC 2999. S-1 2

3.2.9.1 GROUNDING, CABLE
Insulated or non-insulated 3/16” or better
carbon steel, shortest lengths not less
than 10’, equipped with either heavy duty
“C” clamps, screw bolt clamps or ¾” pin
point hand clamps on both ends of each
length.

Not less than 75’
4 85. C-3 1

3.2.9.2 GROUNDING, RODS Three rods of approximate length 4 to 6 feet minimum and approximate diameter
3/”8 to 1/2” copper
3 25.

3.3.2 SAMPLE JARS, CLEAR
GLASS, 4 & 8 OZ
Short, EPA, wide mouth with Teflon lined
lids Compliment of
twelve Fisher IR220-0125 250. C-2 3

3.3.4 SAMPLE JARS, AMBER
GLASS, 4 & 8 OZ
4 oz. to 8 oz. each, wide mouth, Sterile to
EPA Protocol B, 4 minimum Compliment of four Fisher IR240-0120 129. C-2 3

3.3.7 SAMPLE VIALS, CLEAR 1.3 oz. capacity, Teflon lid, 1 case of 12 1 Case Fisher S236-0040 227. C-2 3

3.3.8 STOPPERS, CONICAL Assortment from #000 to #6 (9 sizes) 1 Kit of at least 5 different sizes Thomas Scientific 1201G86 15. C-2 3

3.3.9 BAGS, PLASTIC, ZIPPER

LOCKING
Small, Medium, and Large sizes, as per
description
1 Kit of 24
representing all 3
sizes
Ziploc Zipoloc 15. C-2 3
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

3.3.10 BAGS, EVIDENCE,

TAMPER PROOF
Tamper-Proof, Self-Dealing, 7” x 4” or
larger 1 Set of 12 Alert 69EC 45. C-2 3

3.3.11 LABELS, ORDINARY
BLANK Self-adhesive, blank, address type 1 Kit of 50 Avery 5160 22 C-2 3

3.3.12 LABELS, EVIDENCE
SEALS Tamper-proof seals, minimum 25 1 case of 100 AC&M Corp. - 43. C-2 3

3.3.13 PENS, MARKING, PAINT Permanent marking, enamel paint 1 set Roughneck 25. C-2 3

3.3.14 PENS, MARKING,
INDELIBLE Permanent Marking, “Sharpie” type 6 Sharpie 14. C-2 3

3.3.15 CHAIN OF EVIDENCE
FORMS Documents movement of evidence 1 Kit of 20 16. C-2 3

3.3.16 PHOTO AND VIDEO

ASSESSMENT AND

RECONNAISSANCE KIT

DIGITAL
Digital, 4 megapixel or better 1 Canon 200. In Data Rack

3.4.1 CONTAINER,

BIOLOGICAL, PLASTIC
A complete packaging system consisting
of locking screw lid and jars of various
capacities (6 mL to 500 mL), reinforcing
receptacle, and cardboard box, with labels
and instructions; Suitable for low threat
infectious, blood, and biological.
1 set Infecon ICAO Packing #602 for
Infectious Substances 40. C-2 3
RADIATION MONITORING - Category 4
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

4.1.1 SURVEY METER, GAMMA
Capable of detecting gamma radiation (10
keV), with visual display meter 0.001 milliRoentgen to 1 Roentgen per hour scale, and includes counts per minute/counts
per second scale (0-60,000CPM)
1 Unit
Combination
survey meter will
satisfy requirement
( see options)
LUDLUM 2241-2
&
Dosimeter
3,500. C-1 2

4.1.2 SURVEY METER, BETA
Capable of detecting beta particles (50
keV at 45% efficiency or 150 keV at 80%
efficiency), with variable visual display
readout in Roentgen and milli-Roentgen
per hour, and includes counts per
minute/counts per second scale.

LUDLUM 2241-2
&
Dosimeter
C-1 2

4.1.3 SURVEY METER, ALPHA
Capable of detecting alpha particles (2.5
MeV with 70% efficiency), with variable
visual display readout in Roentgen and
milli-Roentgen per hour, and includes
counts per minute/counts per second.

4.1.8 CHECK SOURCE One for each type of
detector unit LUDLUM
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RADIONUCLIDE DETECTION
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost Each STORAGE Exp. Date Comp. Tray Container

4.2.1 RADIO-NUCLIDE

DETECTION
Hand held instrument which includes
either a internal or external detector also
includes internal memory of a Radioactive
nuclide library
1 Berkley
Nucleonics Berkley Nucleonics Sam 950-GN-N20 19,050 C-1 1

4.2.2 NEUTRON RADIATION

DETECTION
Hand held instrument which includes
either an internal or external detector, and
also includes an internal memory of a
radioactive nuclide library. Graphical
display in counts per second, and energy
corrected dose.
1 SAM 950 C-1 1

4.2.3 CHECK SOURCE Check source appropriate for each type of detector carried 1 LUDLUM

DOSIMETERS
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each STORAGE Exp. Date

4.3.1 DOSIMETER, ELECTRONIC
ALARM
Personal, direct reading, for gamma and
x-ray, programmable
7 Separate Units PM1703M01-I BT 1870. C-1 2
CHEMICAL PROTECTIVE CLOTHING - Category 5
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

5.1.3 VAPOR PROTECTIVE,

WITH WMD CHEMICAL/

BIOLOGICAL

PROTECTION
NFPA 1991 compliant, + flash fire
For high vapor threat protective ensemble.
7 Kappler Frontline 500
SM/MED
SM/MED
LG/XL
LX/XL
LG/XL
2X/3X
2X/3X
1198. S-3 1,2

5.1.6 Pressure Test Kit Test for suit leakage 1 kit AKMOC 3,508. S-4 2

5.2.1 LIQUID SPLASH

PROTECTIVE
NFPA 1992 compliant Hazmat response
liquid: Industrial Chemicals for liquid
contact and splash protection (no vapor
protection).

Six for Type 1 Kappler
Zytron 300
SM/MD
LG/XL
LG/XL
LG/XL
LG/XL
2X/3X
422. S-4 2
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

5.2.2 LIQUID SPLASH

PROTECTIVE, WMD

CHEMICAL/ BIOLOGICAL
NFPA 1994 complaint Class 3 WMD liquid
splash protection A separate WMD
Chemical / Biological protective tactical
ensemble which provides for liquid splash
protection.

Kappler
Durachem 500
SM/MD
SM/MD
LGXL
LG/XL
LG/XL
LG/XL
LG/XL
2X/3X
1048. S-4 3

5.3.1 LIQUID SPLASH, LIMITED
USE
Can be a coverall type splash protective
garment.
2 for each
assigned member
Type 1 = 16
DuPont
Tyvek 16 PAIR 10. S-4 2
ANCILLARY PROTECTIVE EQUIPMENT – Category 6
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

6.1.1 REPLACEMENT GLOVE,
1991 Replacement for NFPA 1991 suit 1 per suit Kappler Frontline 500 131. S-4 2

6.1.2 REPLACEMENT GLOVE,
1994
Replacements for NFPA 1992 or 1994
garments, 4 sets minimum 1 Dozen ShowaBest Chloroflex 723 18. S-4 2

6.1.3 UNDER-GLOVE Additional disposable single use 1 Set of 24 Pair
North
SilverShield WPL262 150. S-4 2

6.1.4 HIGH TEMPURATURE

PROTECTIVE GLOVE
Protects up to 1,500 degrees F, 2 pair total,
one size fits all 6 Pair ZetexPlus 128. S-4 2

6.1.6 ULTRA-COLD
PROTECTIVE Cryogenic liquids, temperatures, 2 pair total 6 pair Temp-Shield 1 Pair TS-EBM
2 Pair TS-EBL
2 Pair TS-EBXL
1 Pair TS-EBXXL
199. S-4 2

6.2.1 BOOTS, CHEMICAL

RESISTANT
For use with 1991 or 1994 garments, NFPA
1991 compliant7 pair total For use with
Vapor Protective or Liquid Protective
garments, and originals may be supplied by
garment manufacturers.

Six for Type 1 Tingly
HazProo
2 Pair – Size 10
1 Pair – Size 11
2 Pair – Size 12
2 Pair – Size 13
110. S-4 1

6.2.2 BOOTIE, OUTER

PROTECTIVE
: Disposable chemical protective bootie
slip-over that covers entirely a General
Work Safety Boot for use in low threat level
contamination environments.

Six for Type 1
2 Pair- Medium
4 Pair- Large
2 Pair- X Large 97.

6.3.1 HELMET Falling object protection, in suit 7 ea. MSA “V”-Guard 475359 S-4 2

6.3.2 GOGGLES Eye protection, haz-cat, sampling 7 ea, Crews 2230R 3.

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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

6.4.1 UNDERGARMENT, FIRE

RESISTANT
Jumpsuit style, NFPA 2112 Compliant total
7, in 5 sizes Bulwark Protective
Ignifuge
CEC 2RB5
1 Pair – 42Reg
1 Pair – 42Lng
1 Pair – 44Reg
1 Pair – 44Lng
1 Pair – 46Reg
1 pair- 46LN
1 pair- 48LN
130. S-4 2 84

6.4.4 MEDICAL MONITORING
KIT
For both Pre- and Post entry to monitor
baseline vitals: Includes stethoscope, bp
cuff, thermometer, and scale, should
include forms for documentation
1 NA C-4 7

6.4.5 FIRST AID KIT In compliance with local policies 1 NA C-4 7

6.4.6 COOLER, REHYDRATION Industrial quality 5-gallon capacity with spigot, carrying handle 1 NA TT-2
TECHNICAL REFERENCE and COMPUTER SUPPORT - Category 7
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

7.1.1 DATABASE TYPE:

Chemical and Physical
Properties

PRINTED
NIOSH Pocket Guide to Chemical
Hazards (NIOSH) 1 Copy CalOES F&R U.S. Printing GPO-017-033-00500-1 NA CAB Shelf 3 Dangerous Properties of Industrial
Chemicals (SAX) 1 – 5 Vol. Set Wiley ISBN 978-0-470-62325-1 700. CAB Shelf 3 Condensed Chemical Dictionary
(Hawley’s) 1 Copy Wiley ISBN 978-0-471-76865-4 190. CAB Shelf 3 The Merck Index 1 Copy Merck Co. ISBN 978-1849736701 135. CAB Shelf 3 Fire Protection Guide to Hazardous
Materials (NFPA) 1 Copy NFPA ISBN 978-161665041-4 140. CAB Shelf 3

7.1.2 GUIDEBOOK TYPE: Initial
Intervention
Recommendations

PRINTED
Emergency Response Guidebook (DOT) 1 Copy CalOES F&R DOT - - NA CAB Shelf 3 Emergency Handling of Hazardous
Materials (AAR) 1 Copy CalOES F&R AAR - - NA CAB Shelf 3

7.1.3 SPECIALTY TYPE

PRINTED
Chemical Synonyms and Trade Names
(Gardner’s) 1 Copy Wiley ISBN 0-566-08190-3 450. CAB Shelf 3 Guide to Chemical Incompatibilities
(Wiley) 1 Copy Wiley ISBN 978-0-470-38763-4 215. CAB Shelf 3 Rail Tank and Freight Car Manual
(GATX) 1 Copy CalOES F&R - - NA CAB Shelf 3
Handbook of Reactive Chemical Hazards
(Bretherick) 1 Copy Butterworth Pub ISBN 978-0123725639 430. CAB Shelf 3 CFR Title 49 (DOT), Includes Parts 100-
185 1 Copy 49CFR 42. CAB Shelf 3
NFPA Standard 472 1 Copy NFPA 472 55. CAB Shelf 3
NFPA Standard 1991 1 Copy NFPA 1991 42. CAB Shelf 3
NFPA Standard 1992 1 Copy NFPA 1992 42. CAB Shelf 3
NFPA Standard 1994 1 Copy NFPA 1994 47. CAB Shelf 3
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container
NFPA Standard 2112 1 Copy NFPA 2112 42. CAB Shelf 3

7.1.4 REGULATORY TYPE:

Response Plans,
Guidelines

PRINTED
Hazardous Materials Incident
Contingency Plan (CalOES) 1 Copy CalOES F&R CalOES - - CAB Shelf 3 Operational Area (Local or County)
Hazardous Materials Emergency
Response Plan
1 Copy CalOES F&R Local - - CAB Shelf 3

7.1.5 WMD Chemical/Biological

SUBSTANCES,

GUIDELINES
Handbook of Chemical and Biological
Warfare Agents (Ellison) 1 Copy CRC Press ISBN0-8493-2803-9 135. CAB Shelf 3

7.2.1 DATABASE TYPE:

Chemical and Physical
Properties

ELECTRONIC
Dangerous Properties of Industrial
Chemicals (SAX) – AND
Condensed Chemical Dictionary
1 CD ISBN 978-0-470-12435-2 935. CAB In CD Binder
Properties of Hazardous Industrial
Materials (Cooper) 1 CD 85. CAB In CD Binder
CHRIS Manuals (U.S.C.G.) 1 CD CalOES F&R - - CAB On Computer

7.2.2 GUIDEBOOK TYPE: Initial
Intervention
Recommendations

ELECTRONIC
Material Safety Data Sheets Off Internet ScienceLAb.com 535. CAB On Computer

7.2.3 Specialty Type

ELECTRONIC
Dictionary of Chemical Names and
Synonyms (Synapse) 1 CD 978-1-890595-08-17998-08X-10878 NA CAB In CD Binder
Specialty Chemicals Electronic Source
(Synapse) 1 CD 978-1-934764-18-3 NA CAB In CD Binder
Chemical Mfrs. of Trade Name Chemical
Products (Synapse) 1 CD 978-1-890595-58-66304-586-9890
NA CAB In CD Binder
Industrial Chemical Thesaurus (Synapse) 1 CD 8409-06X9978 NA CAB In CD Binder

7.2.4 WMD CHEMICAL /

BIOLOGICAL

ELECTRONIC
PEAC, Subscription, Software 1 Subscription Yearly
Subscription Aristatek PEAC-WMD NA CAB On Computer

7.2.5 CERS ACCESS,

ELECTRONIC
Access to the local and statewide CERS
data for facilities data 1 Subscription Yearly Aristatek NA

7.2.6 APPLICATIONS Mobile applications, the intent is to meet one of the above disciplines
NA

7.3.1 Basic Platform, Database
Air & Plume Modeling,
Overlay
Mapping Overlays

ELECTRONIC
CAMEO, Internet download, software 1 Program NOAA off Internet NA CAB On Computer ALOHA, Internet download, software 1 Program NOAA off Internet NA CAB On Computer MAR-PLOT, Internet download, software 1 Program NOAA off Internet NA CAB On Computer

7.4.1 COMPUTER 1 Units Included In
Apparatus Specs.

GETAC 6800. CAB In Data Rack

7.4.1a MOUSE Wireless 1 Unit Targus
Model AMW50US NA CAB In Data Rack

7.4.1b KEYBOARD Wireless 1 Unit Targus
Model AKB33US
NA CAB In Data Rack

7.4.1c MONITORS LED 2 Units Samsung Model
SE310H Series
SN- ZZCNH4LH
SN- ZZCNH4LH NA CAB On Desktop
- TELEVISION LED 1 Unit Samsung
Model UN24H4000FXZA SN- 030R3CKG NA CAB Wall Mount

7.4.2 PRINTER, COLOR Print, Copy, Scan 1 Unit Included In Apparatus Specs. HP SN- CN5CC NA CAB On Data Rack
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

7.4.3 SCAN Capability Is built into the Printer, N.A. N.A. Included In Apparatus Specs. - - -

7.4.4 COPY Capability Is built into the Printer, N.A. N.A. Included In Apparatus Specs.

7.4.6 Access onto Internet Subscription to a Provider, Verizon, 4G LTE 1 Capability Yearly Subscription

7.4.7 HARDWARE, COMPUTER

GRAPHICS
Ensure that a high-quality graphics chip
enhancement, or graphics board is included One Capability

7.4.8 HARDWARE, CD-ROM OR

DVD DRIVE
: Numerous different formats available, unit
should be multi-format capable One Capability .

7.4.9 SOFTWARE, DOCUMENT

PROCESSING
a) Must have a word processing type
software program that can
create basic files or documents
such as letters, notes, logs,
tables, etc., and that can
download and display other
imported files such as incident
command forms, Incident
Action Plans, Site Safety
Plans, etc.
b) Must have a graphics processor type
software program that can download and
display graphics documents such as
photos, maps, plume generation overlays in
a variety of graphics file formats, (including
.jpg).

Must have these
capabilities:
a) Word Processing
b) Photo-graphics
.

7.4.10 SOFTWARE, FORMAT

CONVERSION
a) Ability to download, open, copy, and
save files in various graphics
formats.
b) Ability to convert any document or
graphics file
Must have ability to
convert files i.e.:
a) .jpg
b) .pdf
SPECIAL CAPABILITIES - Category 8
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand n
Model and Serial
Number
Cost Each STORAGE Exp. Date Comp. Tray Container

8.1.1 LIGHT AMPLIFICATION,
BASIC
Hand held night scope 8.1.2 meets
requirement for this item Armasight Scope 2,375. C-1 4

8.1.2 LIGHT AMPLIFICATION Night Vision Scope, Monocular with additional 5X interchangeable lens
1 Unit
1 Telephoto Lens
Scope
Lens
Armasight N-14
Armasight Lens 615. C-1 4

8.1.8 INFRARED,

THERMOMETER,

TEMPERATURE SENSING
Temperature sensing, surface, with minitripod and carrying case. 1 Unit
1 Mini-Tripod
1 Case
Omega OS5 33E-DM 825. C-1 4

8.1.9 INFRARED, HAND-HELD,
Thermal Imaging
Provides image of viewing area in infra-red
light only. 1 Unit Draeger UCF 9000 6600. C-1 4

8.1.15 SOUND SENSING,
ULTRASONIC Leak detection device for escaping gases. 1 Unit Infocon Ultra-sonic 375. C-1 2

8.1.16 CAMERA, VIDEO, DIGITAL Portable hand held color video camera with microphone and accessories 1 Unit Go PRO 1,265. C-1 4
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INTERVENTION - Category 9
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each

STORAGE
Comp. Tray Container EXP.

DATE

9.1.1 NEUTRALIZATION- ACIDS XSORB® Acid Neutralizer 1 Bag

1.75 cu. ft. XSORB SKU XB110N 45. TS-2

9.1.2 NEUTRALIZATION–
ALKALI (Bases) XSORB® Caustic Neutralizer 1 Bag

1.75 cu. ft. XSORB SKU XB110B 53. TS-1

9.1.3 ENCAPSULATING

POWDER, GENERAL

PURPOSE
XSORB® II Super Encapsulator 1 Bag

2.0 cu. ft. XSORB SKU XB110P 30. TS-1

9.1.4 ENCAPSULATING

POWDER,

FORMALDEYDE
CLIFT® Formaldehyde Eater 1 Pail
5 Gallon
Global
Industries WYB794422 195. TS-1

9.1.5 ENCAPSULATING

POWDER, NON-POLAR

SOLVENTS
XSORB® Select Oil 1 Bag

1.75 cu. ft. XSORB SKU XB110S 31. TS-1

9.1.6 FIRE EXTINGUISER,
CLASS “D” For Metal Fires 30 lbs.

Capacity
Included in
Apparatus Specs. NA C-4 8

9.2.1 ABSORBENT, NONPOLAR (SOLVENT), PADS
XSORB® FiberDuck Oil Absorbent, 18” x
18” pads
1 Pkg of
100 XSORB SKU RPPSB12 67. TS-1

9.2.2 ABSORBENT, GENERAL

PURPOSE, PADS
XSORB® FiberLink HazMat Bonded, 18” x
18” pads
1 Pkg of
100 XSORB SKU PPHB 71. TS-1

9.2.3 ABSORBENT, NONPOLAR (SOLVENT),
SOCKS
XSORB® Select Oil Sock, 3” x 10’ 1 Pkg. of
40 feet XSORB SKU XS310S-4 92. TS-1

9.2.4 ABSORBENT, GENERAL
PURPOSE, SOCKS XSORB® Universal Sock, 3” x 10’ 1 Pkg of 40 feet XSORB SKU XS310-4 60. TS-1

9.2.5 ABSORBENT, NONPOLAR, (SOLVENT),

PILLOWS
XSORB® Select Oil Pillow 1 Case of 10 XSORB SKU XPS818-10 86. TS-1

9.2.6 ABSORBENT, GENERAL
PURPOSE, PILLOWS XSORB® FiberLink Universal Pillow 1 Case of 10 XSORB SKU PWU818 65. TS-1

9.2.8 ABSORBENT, MERCURY
SPILLS
Mercury Eater, with at least 500 grams
mercury absorbing powder
1 Kit
Complete Clift Industries 3WMW5 175, TS-1

9.2.11 PIPE, ASSORTMENT,
PLASTIC Three different diameters, 8’ long ea. 1 Set 250. Ladder Comp.

9.3.1 CHLORINE KIT “A” For 150 lb. cylinders, Indian Springs 1 Kit Indian Springs Mfg. 2,455. S-1 2

9.3.2 CHLORINE KIT “B” For one ton cylinders, Indian Springs 1 Kit Indian Springs Mfg. 2,355. S-1 2

9.3.3 CHLORINE KIT “C” For rail tank cars, Indian Springs 1 Kit Indian Springs Mfg. 2,700. S-1 2

9.3.1a SULFUR DIOXIDE
UPGRADE FOR “A” Special gaskets for the “A” kit 1 Kit Indian Springs Mfg. 290. S-1 2

9.3.2a SULFUR DIOXIDE
UPGRADE FOR “B” Special gaskets for the “B” kit 1 Kit Indian Springs Mfg. 400. S-1 2 Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each

STORAGE
Comp. Tray Container EXP.

DATE

9.3.3a SULFUR DIOXIDE FOR
“C” Special gaskets for the “C” kit 1 Kit Indian Springs Mfg. 350. S-1 1

9.3.4 UNIVERSAL TANK CAR
KIT, Box 1 OF 3
Midland® ERK, in 3 boxes 1 Kit Complete
(In 3 Boxes) Midland B-243ERKALJ037
7,500. S-1 1

9.3.4 UNIVERSAL TANK CAR
KIT, BOX 2 OF 3 S-1 1

9.3.4 UNIVERSAL TANK CAR
KIT, BOX 3 OF 3 S-1 1

9.3.5 GAUGING KIT Pressure gauge for railcar 990.

9.3.7 PIPE, PATCH & REPAIR Edwards & Cromwell Kit “C-2” 1 Kit Edwards & Cromwell “C-2” 800. C-3 1

9.3.10 PATCH AND REPAIR,

PIPE, LIQUID AND GAS
Capable of patching pipes from ½ to 12”
diameter 1 Kit NEW MEL ITEM

9.3.11 PIPE, CLAMP, GAS,
MECHANICAL Squeezing shut 2” gas line, Mustang® 1 Tool Mustang DBS-20C 550. C-3 1

9.3.14 PIPE, PATCH, LIQUID,

PNEUMATIC, BANDAGE
Bandage wrap inflates with air, Vetter®
Leak Sealing Bandage 1 Kit Vetter#1500013900 1,250. S-1 2

9.3.15 PATCH, TANKER, LIQUID For tank trucks, Edwards & Cromwell kit “F” 1 Kit Edwards & Cromwell “F” 650. C-3 1

9.3.16 PATCH,TANKER,LIQUID
SIDE: PNEUMATIC
For tank trucks, Vetter Leak Sealing Bags
kit #1500005301 1 Kit Vetter#1500005301 3,900. S-1 2

9.3.21 PATCH, TANKER, LIQUID,
MAGNETIC For tank trucks, Miko® Tank Sealer Kit 1 Kit Miko 8,300. S-2 1

9.3.22 PATC, DRUM, LIQUID,

PNEUMATIC
For small tanks, drums, Vetter Mini Leak
Sealing Bags, 1500009400 1 Kit Vetter#1500009400 2,800. S-1 2

9.3.26 PATCH, DRUM, LIQUID,

COMPRESSION
Various round, tapered, “T” PLUG, and
wood dowels, Edward & Cromwell Kit “D” 1 Kit Edwards & Cromwell “D” 375. C-3 1

9.3.27 DRUM “UP-ENDER” Lifts 55 gallon drums DTP-11 39. C-3 2

9.3.29 PLUGS, TAPERED,

STOPPER, EXTRA-LARGE

PLUGS, HALF ROUND,

STOPPER, EXTRA-LARGE
PLUGS, “T” BOLT,

EXTRA-LARGE
Extra-large 4” dia. compression plug
Extra-large 4” dia. compression plug
Extra-large “T” style plug
1 Kit
of all three
Edwards &
Cromwell Kit “A-2”
Edwards & Cromwell “A-2” 280.

C-3 1

9.3.31 C-3 1

9.3.32 C-3 1

9.3.33 PLUGS, CONICAL, LIQUID Extra-large plastic or rubber plugs for drains, Ultratech® Drain Plug Kit
1 Kit
Complete UltraTech 3EWY1 365. C-3 1

9.3.34 PLUGS, TAPERED,

LIQUID, PNEUMATIC
Three sizes of inflatable tapered plugs,
Vetter kit # 1500009600 1 Kit Vetter#1500009600 1,800. S-1 2

9.3.35 PLUGS, EXPANSION,

LIQUID, PIPE
Plumber type “test” plugs, 10 different
sizes, Edwards & Cromwell Kit “C-1” 1 Kit Edwards & Cromwell “C-1” 700. C-3 1 Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each

STORAGE
Comp. Tray Container EXP.

DATE

9.3.42 OR

9.2.43 PLUGS, END CAPS
End caps (Jim Caps), with garden spigot, 6
different sizes with bibb, 2 extra-large
without bibb, Mission Rubber Company.
1 – 1 ½”
1 – 2”
1 – 3”
1 – 4”
1 – 5”
1 – 6”
1 – 8”
1 – 10”
Mission Rubber
0701 516
0702 514
0703 512
0704 510
0705 517
0706 515
0708 016
0710 017

18. 18.

20. 22.

26. 28.

24. 50.

C-3 1

9.3.44 PLUGS, DOWELS, WOOD Tapered wood dowels, 9 different sizes. 1 – ½”
1 – ¾”
1 – 1”
1 – 1 ¼”
1 – 1 ½”
1 – 2”
1 – 2 ½”
1 – 3”
1 – 4”
San Diego
Marine
Exchange
00030255
00030258
00030261
00030264
00030267
00030270
00030273
00030278
00030279

3. 4.

4. 5.

5. 7.

9. C-3 1

9.3.48 DOME LID TIGHT, CLAMP
TYPE For highway tanker manway covers 1 Unit Northwest
HazMat Lid Tight 275. S-1 1

9.3.49a PIPE, REPAIR, SIDE LEAK Kevlar patches, epoxy water activated, InduMar® “Stop It” Repair 1 Kits InduMar“Stop It” 50. C-3 1

9.3.49b FLAT SURFACE LEAK,

PLUG, LARGE
“Football” by InduMar®, epoxy water
activated 1 Kits InduMar“Football” 135. C-3 1

9.3.49c FLAT SURFACE LEAK,

PLUG, SMALL
“Golf Ball” by InduMar®, epoxy water
activated 1 Kits InduMar“Golf Ball” 65. C-3 1
DECONTAMINATION - Category 10
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Cont. Tray Container

10.1.1 TARPS, PLASTIC: Plastic tarps Triage 3 color Red Yellow Green 1 set total 3 HDX PY004 375. S-2 2

10.1.2 TARPS, CARRY-ALL: Debris transfer, approx.. 6” x 6” 1 MyTarp.com YT5005vcp10 85. S-2 2

10.1.3 SHEETING, PLASTIC,
ROLL: Ground cover, 20’ x 100’ 1 Roll HDX CFHD0620C 100. S-2 3

10.1.4 CATCH BASIN: Approx. 120 gallon capacity 1 IntraState 3108 950. TC1

10.1.5 Shower, Gross
DECONTAMINATION Fits into Catch Basin 1 DQE HM7000 2,275. TC1

10.1.7 POOLS, PORTABLE Approx. 60 to 80 gallon capacity, ea., 5’ x 5’ x 12”. 3 Husky 300. TC 1
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Cont. Tray Container

10.2.1 STOOLS, PORTABLE Folding metal chairs 4 National Public Model 310 NA TT 2

10.2.1 BENCHES Folding bench 4 NA TT-2
(10.2.2) DECON KIT Contents listed on the container S-2 2

10.2.2 BRUSHES, LONG
HANDLE, SOFT 16” handle, soft bristle 4 Harper 8572 8. S-2 2

10.2.4 BRUSHES, SHORT
HANDLE, SOFT Carpenter or dusting type, rat tail 2 HDX 408HDXRM 10. S-2 2

10.2.5 BRUSHES, CAR WASH
TYPE Long handle to 3 feet 2 Laitner 45C131 29. S-2 3

10.2.6 SPONGE SET Approx. 4” x 4” x 6” 4 - - 5. S-2 2

10.2.7 TOWELS, ABSORBENT,
CLOTH Approx. 20” x 40” (8 minimum) 1 Roll of 100 DQE HM705 85. S-2 2

10.2.8 TOWELS, ABSORBENT,
PAPER Disposable (1 roll minimum) 1 Roll - - 3. S-2 2

10.2.9 BLANKETS, EMERGENCY Disposable (4 minimum) 4 BH-1550 44. S-2 2

10.2.11 CLOTHING, MODESTY Disposable (minimum of 12) 12 DuPont Tyvek TY-198S-WH 8. S-4 2

10.2.12 TRAFFIC CONES Reflective, 18” tall, fluorescent red 6 Grainger 6F-GZ4 20. C-2 4

10.2.13 TRAFFIC CONES/
DELINEATORS 42” 7 47. TC-1

10.2.15 SOAP, SOFT, LIQUID Hypoallergenic (No Detergent) 1 Pint Ivory - - 5. S-2 2

10.2.16 MULTI THREAT DECON
KIT
Multiple threat decon system capable of
use for decon from CWA, bio agents, and
synthetic opiates. 1
DECON 7
WAXIE
GALLON 4
GALLON 4
SPRAYER 539. S-2 2

10.2.18 CHEM TAPE Roll 2” x 50’ 2 Rolls Kappler HM410 33. S-4 2

10.2.17 CLOTHING REMOVAL
TOOL Scissors 1 Fieldtex 922-00071 5. S-2 2

10.2.20 PERSONAL PROPERTY

TRACKING
Sealable bags, property documentation,
approx.. 9” x 12” 1 Case AlertSecurity 912PPG 48. S-2 2

10.3.1 ADAPTER 2 ½ TO 1 1/2”
TO GARDEN HOSE Reducer 2 115. S-2 2

10.3.1a ADAPTER 1 ½ TO 1 Reducer 2 52. S-2 2

10.3.1b ADAPTER 1 TO GARDEN
HOSE Reducer 2 47. S-2 2

10.3.2 MANIFOLD FIRE HOSE
All metal or plastic construction with one 2
1/2” female fire hose inlet swivel coupling,
and three to six ¾” garden hose discharge
valves
1 ANDAX DCP-MM25-6 729. S-2 2

10.3.2 MANIFOLD, GARDEN
HOSE
One ¾ garden hose inlet swivel coupling,
and 3-6 ¾ garden hose discharge valves 1 DQE 195. S-2 2

10.3.4 HOSE, GARDEN Approx. 25’ lengths 4 HM1065 55. S-2 2

10.3.5 HOSE, GARDEN, SHUTOFF
Straight in-line type, one outlet
Straight in-line heavy duty, one outlet
Branched “Y” type, two outlets
2 3
1 Orbit
Orbit
Orbit
27933
9000
50305

5. S-2 2

8. S-2 2
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Cont. Tray Container

11. S-2 2

10.3.6 WRENCH, HYDRANT Adjustable 1 Red Head 105 45. C-4 Drawer 7

10.3.7 APPLICATOR, GARDEN
NOZZLES Adjustable spray pattern, nozzle, 2 Melnor SKU 229-855 9. S-2 2

10.3.8 APPLICATOR, GARDEN
SPRAYER Hand pressure pump sprayer – 2 gallon 1 HBC HM-6210 35. S-2 2

10.4.1 BUCKETS Approx. 5 gallon capacity, with screw lids 4 Buckets 4 Lids - - 12.

7. TC 1
Extra TOTE BAG, TOOLS Canvas tool tote for 5 gallon bucket 1 Leathercraft 04122 30. C-4 7

10.4.2 BAGS, HEAVY DUTY,
YARD Large, 42 gallon, 3 mil (10 minimum) 1 Box of 30 Husky HK42WC0328 19. C-2 4

10.4.3 BAGS, MEDIUM DUTY,
YARD Medium, 33 gallon, 3 mil (10 min.) 1 Box of 50 UltraSack HMD891454 22. C-2 4

10.4.4 DEBRIS COLLECTION
UNIT, 30 GAL Polyethylene, light weight 1 56W31B 70. S-1 2

10.4.5 DRUM, CONTAINMENT, 85
GAL Steel bolt ring type 1 26BSV8 165. S-1 2

10.4.7 DRUM, LINERS, 55 GAL
CAPACITY Polyethylene, heavy duty, 15 mil 10 2003 15. TS-2

COMMUNICATIONS - Category 11
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container

11.1.1 RADIO, PORTABLE,
INDIVIDUAL Intrinsically safe, as specified, VHF 7 Units Bendix King
Model KNGP150CMD
With Antenna
# KAA0818

3,500. CAB C-cab
compartment

11.1.1a RADIO, PORTABLE,
HOLSTER 7Units Bendix King
Model KAA0415 CABA-1402 Total of 7 CAB Data Rack
Drawer

11.1.1b LAPEL MICROPHONE 7 Units Bendix King
Model BK KAA0203E
Total of 7 CAB Data Rack
Drawer

11.1.4 RADIO, PORTABLE, IN-SUIT
Communication interface for totally
encapsulating CPC, complete as
specified
7 Units Bendix King
Model KAA0226A 515. CAB Data Rack
Drawer

11.1.6 RADIO, PORTABLE,
BATTERIES Intrinsically safe, as specified 14 Units Bendix King Model KAA-0101 is 250. CAB On Radios or
In Charger

11.1.6a RADIO, PORTABLE,
CHARGER Vehicle charging unit, 6-gang 1 Bendix King NCC0380 750. CAB Charger

11.1.6a RADIO, PORTABE, CHARGER Single quick charge desktop unit 1 Bendex King KAA

11.1.6b RADIO, PORTABLE, BELT
CLIP Belt clip 7 Bendix King KAA0400 35. CAB Data Rack
Drawer

11.2.1 PHONE, CELLULAR Provided by local agency 1 Provided by Local - - - - - Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp. Date Comp. Tray Container
- RADIO, MOBILE 138-174 MHz, 50 Watt 1 Base Unit KENWOOD KNG M150R CAB Under Shelf - RADIO, MOBILE 380-470 MHz, 50 Watt 1 Base Unit KENWOOD KNG M400R CAB Under Shelf - RADIO, MOBILE 440-520 MHz, 50 Watt 1 Base Unit KENWOOD KNG M500R CAB Under Shelf - RADIO, MOBILE 763-870 MHz, 50 Watt 1 Base Unit KENWOOD KNG 800R CAB Under Shelf

11.2.2 PHONE, SATELLITE ONE ISAT CAB

11.2.4 GPS PERSONAL RECEIVER/

TRANSMITTER
A portable unit that marks location of
user. If a cellular phone (11.2.1) is to
be used for this capability a second
unit is required.

ONE
RESPIRATORY PROTECTION - Category 12
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.

Comp. Tray Container Date

12.1.2 SCBA COMPLETE, WMD
CBRN 1 HOUR RATING
With bottle; unit must be NFPA
structural firefighting compliant and
NIOSH certified for WMD CBRN threat
atmospheres
Provided by local agency
Eight
NA

12.1.4 MASK FULL FACE, WMD

CBRN NFPA, NIOSH, CBRN
One for each
assigned
member/8 total
NA TC-2

12.1.7 SCBA, BOTTLES Spare bottles size type and size 8 Spare Provided by Local NA C-4 9

12.2.1 MASK AND UNIT, APR,

INDUSTRIAL
Full face piece, APR adapter
10 145 TC-2

12.2.2 MASK AND UNIT, APR, CBRN Covered in 12.2.

12.2.3 PAPR INDUSTRIAL
Full face piece, single or dual cartridge
style, speaking diaphragm, for use in
industrial chemical threat atmospheres 7 2766. TC-2

12.2.5 CARTRIDGES, APR OR PAPR,

INDUSTRIAL
TIC certified to be multi-gas and
organic vapor protective, with solid and
particulate and liquid aerosol
protection.
18 14
Multi-Threat cartridge

CBRN CANISTER

61. 111.

TC-2
P100 60 P100 (HEPA) cartridge 32. TC-2

QUANTITATIVE FIT TEST
PROBE ADAPTER 2 TC-2
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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TOOLS, GENERAL PURPOSE - Category 13
MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.

Comp. Tray Container Date

13.1.1 SHOVEL, ROUND POINT,
STEEL Long handle, garden type 1 Model LH002 25. C-3 2

13.1.3 SHOVEL, SQUARE POINT,
STEEL Long handle 1 Model TRP31199 31. C-3 2

13.1.4 SHOVEL, SQUARE POINT,
PLASTIC Long handle, polypropylene 1 Item # 3UE40 97. C-3 2

13.1.5 SHOVEL, SCOOP Short handle 1 Item # 18G954 95. C-3 2

13.1.6 BROOM, STREET Stiff bristle, long handle 1 - - 19. C-3 2

13.1.7 HAMMER, SLEDGE Approx. 7 – 10 lbs. 1 Craftsman T-415 32. C-3 2

13.1.8 BAR, WRECKING Approx. 36” 1 Seymour WR-36 20. C-3 2

13.2.1 HAMMER, DEAD BLOW Approx. 36 oz. 1 Nupla U-2 90. C-4 Drawer 8

13.2.2 HAMMER, CLAW Approx. 16 oz. 1 Craftsman 3821 19. C-4 Drawer 6

13.2.3 HAMMER, ENGINEER Approx. 48 oz. 1 Craftsman 38309 24. C-4 Drawer 8

13.2.4 HAMMER, BALL PEEN Approx. 6 oz. 1 Craftsman 1962 15. C-4 Drawer 6

13.2.5 SCREWDRIVER, FLAT HEAD,
KIT Kit of 4 different tip sizes 1 Kit of 4 Craftsman 9118 14. C-4 Drawer 6

13.2.6 SCREWDRIVER, PHILLIPS,
KIT Kit of 5 different sizes 1 Kit of 5 Craftsman 47139 9. C-4 Drawer 6

13.2.7 PLIERS, ORDINARY, UTILITY Approx. 10”, slip-joint 1 Craftsman 45980 15. C-4 Drawer 6

13.2.8 PLIERS, WIRE, SIDE CUTTING Approx. 8” long, molded grip 1 Greenlee 0151-08M 79. C-4 Drawer 6

13.2.9 PLIERS, LONG-NOSE,
NEEDLE Approx. 6” long 1 Craftsman 45102 20. C-4 Drawer 6

13.2.10 PLIERS, COMBINATION, SER
1 - Robo-Grip 10”
1 - Arc-Joint 9 ½”
1 - Channel Lock 16”
1 Robo
1 Arc
1 Channel
RoboGrip
Craftsman
Channel Loc
30012
45381
460

22. 17.

34. C-4 Drawer 6

13.2.11 PLIERS, LOCKING, SET
1 – Vice Grip curved jaw, 10”
1 – Vice Grip curved jaw, 5”
1 – Vice Grip locking “C” clamp, 9”
1 – Vice Grip, long nose, 6 “
1 – Vice Grip, welding clamp
1 Set of 5 Irwin
10CR
5CR
9SP
6LN
24T

23. 18.

31. 22.

36. C-4 Drawer 8

13.2.12 WRENCH, ALLEN,
COMPLETE SET, STANDARD Standard English, 9 sizes minimum 1 Set of 12 Sizes Allen 56108 15. C-4 Drawer 6

13.2.13 WRENCH, ALLEN,
COMPLETE SET, METRIC Metric, 9 sizes minimum 1 Set of 12 sizes Allen 56008 37. C-4 Drawer 6

13.2.14 WRENCH, CRESCENT,

ADJUSTABLE, KIT
1 – 10” Crescent Rapid Slide
1 – 15” Crescent adjustable
1 – 10” Rapid
1 – 15” Adj. Crescent AC10NKWMPAC-115

34. 45. C-4 Drawer 6

13.2.15 WRENCH, CRESCENT,
HEAVY DUTY 1 – 24” extra-long 1 Crescent AC-124 275. C-4 Drawer 5

13.2.16 WRENCH, PIPE,

ADJUSTABLE, KIT
1 – 10”
1 – 14”
1 – 10”
1 – 14” Craftsman MY51651MY51652

20. 29. C-4 Drawer 3
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.

Comp. Tray Container Date

13.2.17 WRENCH, PIPE,
ADJUSTABLE, HEAVY DUTY 36” TO 46”, Non-sparking acceptable 2 RIDGID 31110 285. C-3 2

13.2.17a WRENCH, PIPE, HEAVY DUTY 1 – pleated jaw with 20” chain 1 Ridgid 4CW48 145. C-4 Drawer 3

13.2.17b WRENCH, PIPE, COMPOUND 1 – compound leverage 1 Ridgid 31375 327. C-4 Drawer 3

13.2.18 WRENCH, UNIVERSAL, BUNG
CAP 1 – drum ring and universal bung 1 43. C-4 Drawer 3

13.2.19 WRENCH, COMBINATION,

ORDINARY, KIT
1 set to consist of 13 different sizes
from ¼” to 1”. 1 Set of 13 Gearwrench 9312 315. C-4 Drawer 5

13.2.20 WRENCH, COMBINATION,

INDUSTRIAL, KIT
1 Set to consist of 6 X-L sizes:
1 – 1 1/8” combination
1 ¼” combination
1 3/8” combination
1 ½” combination
1 5/8” combination
1 ¾” combination
1 – 1 1/8”
1 – 1 ¼”
1 – 1 3/8”
1 – 1 ½”
1 – 1 5/8”
1 – 1 ¾”
Gearwrench
9036
9038D
9062
9042
9046D
9050

51. 63.

63. 94.
113.
135.

C-4 Drawer 5

13.2.21 WRENCH, SOCKET, KIT 1 Set to consist of 45 sockets for both English and Metric, 3/8” drive 1 Set, Complete Westward 4YP76 85. C-4 Drawer 7

13.2.23 CHISEL, COLD Approx. 7” long x 7/8” 1 DASCO 417-0 13. C-4 Drawer 6

13.2.26 PUNCH PIN, SPRING LOADED Approx. 5” long, center pin 1 ABN ABN 0834 33. C-4 Drawer 1

13.2.27 TAPE, MEASURING,
RETRACTABLE Metal or plastic, 24’ minimum 1 Stanley 33-725 20. C-4 Drawer 7

13.2.28 TAPE, MEASURING, RE-WIND Non-metallic, 50’ minimum 1 of 100’ Length Lubkin 706 D 35. C-4 Drawer 7

13.2.29 KNIFE, PUTTY, SCRAPING Scrapping, 2” wide, flexible 1 Hyde 06222 33. C-4 Drawer 6

13.2.30 KNIFE, GENERAL UTILITY,

CUTTING
Heavy duty for carpet, thick material,
kit consists of two different sizes 1 Set of 2 Craftsman 94835 21. C-4 Drawer 2

13.2.31a CUTTING, BOLT, HEAVY
DUTY Cuts bolts, locks, 26” long 1 Ridgid 14223 121. C-4 Drawer 8

13.2.31 SHEARS, CUTTING, SNIPS For sheet metal, thick rubber 1 Craftsman 42798 30. C-4 Drawer 2

13.2.32 STRAPS, RATCHET Kit consists of 2 tie-downs, for plugging kits, 1” x 20’, 1,000 lbs. rating 1 Kit 19. S-3 2

13.2.33 STOP WATCH Digital or analog 1 Worksmart 29. C-4 Drawer 3

13.2.33a CLAMPS, T-THROAT
Heavy duty “C” type, kit to include:
1 – 2 ½” dia.
1 – 4 ½” dia.
1 – 6” dia.
1 – 10” dia.
1 – 2 ½”
1 – 4 ½”
1 – 6”
1 – 10”
Kant Twist
Clamp
407
415
421
435

25. 34.

58. 215.

C-4 Drawer 2

13.2.33b PULLER, NAIL Approx. 10”, puller and scraper bar 1 Craftsman 37332 20. C-4 Drawer 6

13.2.33c SAW, HAND Coarse blade, 15” carpenters 1 Irwin 20111201 38. C-4 Drawer 7

13.3.1 NON-SPARKING, HAMMER,
SLEDGE 1 – 10 lbs., AMPCO #H-71FG 1 Ampco 2VJ11 330. C-3 2 - `13.3.2 NON-SPARKING, HAMMER,
CLAW 1 – 16 oz., AMPCO #H-20FG 1 Ampco 3NY48 95. C-4 Drawer 1 Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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MEL # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier Make or Brand Model and Serial Number
Cost
Each
STORAGE Exp.

Comp. Tray Container Date

13.3.5 NON-SPARKING,

SCREWDRIVER, CHISEL
POINT
Set of 3 different sizes: AMPCO
S-35, S-37, S-39
1 – 3/16”
1 – ¼”
1 – 5/16
Ampco 21XV86
46CO66

29. 31.

34. C-4 Drawer 1

13.3.11 NON-SPARKING,

SCREWDRIVER, PHILIPS
POINT
Set of 3 different sizes: AMPCO
S-1099A, S-1099, S-1100
1 – Size “1”
1 – Size “2”
1 – Size “3”
Ampco
4CZ89
4CZ88
4CZ91

55. 40.

45. C-4 Drawer 1

13.3.12 NON-SPARKING, PLIERS,

ORDINARY
1 – adjustable, 8” long,
AMPCO #P-31 1 Ampco 4CZ84 84. C-4 Drawer 1

13.3.13 NON-SPARKING, PLIERS,

WIRE, SIDE CUTTING
1 – side cutting lineman,
AMPCO #35 1 Ampco 1TEB1 140. C-4 Drawer 1

13.3.14 NON-SPARKING, PLIERS,
LONG NOSE 1 – needle nose AMPCO #P-326 1 Ampco 4CZ86 115. C-4 Drawer 1

13.3.17 NON-SPARKING, WRENCH,

BUNG, UNIVERSAL
1 – AMPCO model # W-56
1 – AMPCO model # W-58-S
1 1 Ampco 2VJ224DC15 135. C-4 Drawer 3

13.3.18 NON-SPARKING, WRENCH,

CRESCENT
1 – 8”, AMPCO # W-71
1 – 12”, AMPCO # W-73
1 1 Ampco 4DC254DC27

95. 145. C-4 Drawer 1

13.3.20 NON-SPARKING, WRENCH,

PIPE, ADJUSTABLE
1 – 10”, AMPCO # W-211AL
1 – 14”, AMPCO # W-212AL
1 1 Ampco 4RPC34RPC4
198.
245. C-4 Drawer 3

13.3.26 NON-SPARKING, KNIFE,
PUTTY 1 – 2” wide, AMPCO #K-20 1 Ampco 4CZ72 82. C-4 Drawer 1

13.3.27 NON-SPARKING, SHEARS,
CUTTING 1 – 8” long, snips, AMPCO #S-1126a 1 Ampco 4RPP3 115. C-4 Drawer 1

13.3.30a WHEEL CHOCKS Set of two, aluminum with handles 1 Set of Two 70. - - -

13.4.1 REFRIGERATOR 1 NA CAB

13.4.2 MEGAPHONE Battery operated, 16-watt with 800’
range; Adjustable volume 1 Pyle PMR-30 17. C-2 4

13.4.3 ZONE MARKING KIT Contains marking items as described in its inventory, 1 kit complete
1 Roll Yellow Tape
1 Roll Red Tape
1 Powder Yellow
Cont.
1 Powder Red
Cont.
2 Crayon Yellow
2 Crayon Red
2 Sticks Yellow
Chalk
2 Sticks Red Chalk

15. 15.

2. 2.

20. 20.

C-2 4

13.4.4 SCOPE, SPOTTING Binoculars, 10 x 100x zoom Beta Optics Model KC315B NA CAB CAPT. SEAT

13.4.6 VESTS, I.C.S., HAZMAT
GROUP 1 complete set for the 8 positions 1 SET Disaster Mgmnt 633-92-298 685. C-1 4
Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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Additional Inventory from APPARATUS SPEC & Not Listed on FIRESCOPE MEL:

Inv. # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier
Mfgr,
If Known
Model #, Cat. #
and/or SKU #
Cost
Each
STORAGE Exp.

Comp. Tray Container Date
- STREAMLIGHT, FLASH LIGHT Hand-held LED flash light, Knuckle Head 5 Streamlight 91628 NA CAB
- STREAMLIGHT, CHARGER Multi-gang charging unit 1 Streamlight 90401 NA CAB - DOT REFLECTORS Folding Triangle reflectors, DOT 3 1005 NA CAB EZ UP POP UP TENT Collapsible pop up tent 1 320. TC-1
TABLE, FOLDING Table may be used for Hazcatting 1 105. TC-1 STINGER TRAINING PROP Training prop for stinger 1 Northwest NWTTRS 7200.

EXHAUST, HOSE 20 foot collapsible high temp tubing to
extend truck exhaust. 1 1,086. TT-1
BLOWER, EXHAUST Electric blower to provide pressure for exhaust tubing 1 2,015. C2-3
GENERATOR, HONDA Honda inverter 2200 watt generator 2 Honda 2,399. S-2 1

PARALLEL CABLE,
GENERATOR Cable to tie generators to run together 1 Honda 81. S-2 1

EXTENSION CORD
Power cord to connect generators to
hazmat truck 1 119. CAB

ADAPTER PLUG
30 amp plug to allow generators to
plug into vehicle Shore power plug
connects to extension cord
1 14.

Gas Cans 2 gallon gas cans for generators 2 53. S-2 2

LIGHT KITS, HONDA

GENERATORS
Halogen light kit to attach to
generators 2 Honda 588. S-2 1
TRUFUEL TruFuel non ethanol base fuel 1 gallon 4 32. S-2 2 PLUG N DIKE POWDER 10 # dry mix powder (1gallon)
Replacement for kits Section 9 1 42. C-3 1
SKED 1 300.

REX MOBILE STRETCHER Cart to be used to transport equipment or used as rescue stretcher 1 Rex EMS LLC. 2,550. TT-2
TIPKE FOLD IT CART Foldable metal utility cart 1 Tipke 345. S-1 2 2 - FIRE EXTINGUISHER In cab, portable fire extinguisher ABC 1 - LADDER 24’ Extension 1 Ladder Comp.
- LADDER 14’ Roof 1 Ladder Comp.
- LADDER 10’ Folding 1 Ladder Comp.

REHAB CHAIRS, REHAB
MISTING FAN (1) 5 1349. TT-2

HOISTING ROPE,
CARABINER, CARRY BAG 1 80. S-2 2
HOISTING BAG 600 LB lift bag 1 Lone Star 22. S-2 2
ALUMINUM ADAPTER 2 ½” female NH to 1 ½” Male NH 2 58. S-2 2 ALUMINUM ADAPTER 1” Female NPSH to Male GHT 2 S-2 2
ALUMINUM REDUCER 1 ½” Female NH to 1” Male NPSH 2 TFT 156. S-2 2 Docusign Envelope ID: 517A3888-994D-4238-895F-A2DED702D762 #18..
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Inv. # Item Name Description Requirement
(Units, Kits)
Vendor,
Supplier
Mfgr,
If Known
Model #, Cat. #
and/or SKU #
Cost
Each
STORAGE Exp.

Comp. Tray Container Date
PROPANE FLARING KIT Kit 1 and Kit 2 1 ea. Responder Training 6990. S-1 2

PROPANE WATER
INJECTION KIT 1 Responder Training 2,799. S-1 2
FOX FURY NOMAD 360
LIGHTS 2 200-900-L3 1856. C-2 4
WHITE BOARD 2 48. TT-2
1 TON CONTAINER PROP CHLORINE PROP 1 AETFX TRP-3100 4615 150 CYLINDER PROP CHLORINE PROP 1 AETFX TRP-3200 2150.

PRINCETON INTRINSICALLY SAFE HEADLAMP 7 TEC EOS II 75. S-4 2 KEY FILE/ HANDLE BRASS FILE 1 30.

IPAD CASE IP68 Waterproof IPAD Case 1 MUN-A10S 110. CAB BLK SHELF 1-lb PROPANE CAP &
ADAPTER Brass Cap & Adapter 1 69. S-2 2
1-LB. CYLINDER Coleman 1 pound for flare 4 Hazmat Resource 13. S-2 2 DURACHEM TRAINING SUITS 5 818.

METAL FACE PLATE
ADAPTER 296.

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MEL Name MEL Category Number Amount
Field Testing
WMD Biological Detection – Electronic 1 135,770
Air Monitoring
WMD Chemical Dedicated Instruments 2 55,470
Sampling 3 7,627
Radiation Monitoring
Radionuclide Detection
Dosimeters
4 32,140
Chemical Protective Clothing 5 22,970
Ancillary Protective Equipment 6 5,655
Technical Reference and Computer Support 7 11,020
Special Capabilities 8 12,055
Intervention 9 41,672
Decontamination 10 8,534
Communications 11 32,600
Respiratory Protection 12 25,384
Tools, General Purpose 13 6,966
Extra Items from Apparatus Spec and Items Supplied (not identified in Firescope MEL) as required N/A 44,328 Total 442,191
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICE
Fire and Rescue Division
B-1 7/2024
Agreement for Temporary Transfer of Vehicular Equipment EXHIBIT “B”

INSURANCE REQUIREMENTS
Part of the Agreement through which the State makes a temporary transfer of vehicular equipment is the Agreement on the part of the ASSIGNEE to furnish certain evidence of insurance. Your organization, as an ASSIGNEE of equipment, will want to be mindful of these requirements and assure they are complied with. If self-insured, in lieu of a certificate of insurance, a written statement of self-insurance shall be furnished on official letterhead and agreeing to hold Cal OES harmless from any personal injury or property damage claims arising out of the maintenance, use or operation of the Apparatus.

Liability Insurance
A certificate of insurance shall be furnished to the State providing minimum limits of insurance as follows:

BODILY INJURY and PROPERTY DAMAGE LIABILITY $1,000,000.00 PER OCCURENCE A certificate of insurance will have the following provisions included:

1. The State of California shall be named Additional Insured.

2. The insurance company shall agree that in the event of cancellation, 15 days prior written notice will be given to the State.

3. The State shall not be responsible for premium or assessments.

4. Certificate of Insurance must include the description of the Apparatus including identification number, State license number and Cal OES unit number.

Physical Damage Insurance
The transfer agreements place certain responsibilities upon your organization for the safekeeping of the vehicle and equipment. The State will look to your organization for reimbursement for repair or replacement cost in the event the vehicle or equipment is damaged by misuse or negligence or by other causes, except normal wear and tear, acts of God and conditions over which your organization has no control.

Description of Apparatus

VEHICLE VALUE
2017 HME AHREMS-FOX Type I Hazardous Materials Vehicle $538,000.00 License Number: 1527901
VIN Number: 44KFT4287HWZ22893
Engine Number: HM -41

EQUIPMENT
Hose and Appliances $442,191.00
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1 July 1, 2024
Kevin Wise, Fire Chief
Modesto Fire Department
409 12th Street
Modesto, CA 95354
Dear Chief Wise:

Thank you for your continuing support of the California Fire & Rescue Mutual Aid System and your Fire Department’s critical role as an Assignee for one of the Cal OES Hazardous Material Response Vehicles/Teams. Your Fire Department is a valuable element of this ongoing, legislatively supported effort to maintain a robust Hazardous Materials Response Team capability to reinforce our first responders in protecting the public and the environment statewide.

With that in mind, the intent of this correspondence is to clarify usage guidelines for Assignees of the Cal OES Fire & Rescue Regional Hazardous Materials Response (RHMR) Program Type 1 Hazardous Materials Response Vehicles. Cal OES maintains a reasonable expectation for all Assigned Hazardous Materials Response Vehicles/ Teams to be kept in a response-ready state that meets or exceeds FIRESCOPE Resource Typing Standards and applicable State and Federal requirements.

The twelve Cal OES Fire & Rescue Regional Hazardous Materials Response Vehicles augment the California Fire & Rescue Mutual Aid System. As noted in the Assignee Agreement, these resources may be utilized for local emergencies within the Assignee Agency’s jurisdiction, or deployed anywhere in the state through the Mutual Aid System.

They may also be Prepositioned upon Cal OES approved request from Operational Areas (or through OES-Headquarters Preposition).

The Cal OES Hazardous Materials Response Vehicle is required to be properly staffed when deployed or Prepositioned through the California Fire & Rescue Mutual Aid System (consistent with FIRESCOPE staffing requirements). All personnel assigned to these Vehicles must be certified to the Hazardous Materials Specialist level, and one of the personnel must be certified as an Assistant Safety Officer HM. If deployed as a Type 1 resource, all personnel must be WMD certified.1
1 This expectation is not required for local government response.

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2 The Cal OES hazardous materials response vehicle is required to be maintained in a state of readiness for immediate deployment. All equipment assigned to the Vehicle must be properly serviced and prepared for immediate usage. The equipment must be stowed in the pre-identified locations to ensure that all twelve vehicles remain standardized.

It is anticipated that Assignees will strive to approve participation of the Hazardous Materials Response Vehicle/Team in Cal OES-sponsored exercises, in order to enhance relationships and demonstrate competencies while participating in multidiscipline and multi-agency responses.

The guidelines for RHMR training reimbursements are included on the Cal OES RHMR Reimbursement webpage (https://www.caloes.ca.gov/office-of-thedirector/operations/response-operations/fire-rescue/hazardous-materials/regionalhazardous-materials-response-rhmr-program/regional-hazardous-materials-responserhmr-reimbursement-program/).

The expectation is that RHMR agency Point of Contacts (POCs) submit RHMR Preapproval forms to request training to maintain staffing levels and responder competencies. Reimbursement submittals should contain the required documents listed on the RHMR Reimbursement Checklist (RHMR-01) and be submitted promptly following completion of the requested training, exercise or conference. The RHMR Reimbursement Workbook should be submitted in excel format.

Reimbursement Submittals should be emailed to [email protected].

Reimbursement submittals received prior to May 1 can be expected to receive reimbursement during the current fiscal year. Reimbursement submittals received after May 1 could receive reimbursement the following fiscal year.

In some parts of California, the Cal OES Hazardous Materials Response Vehicles are the only response capacity within the operational area. In other jurisdictions, the vehicle augments a robust system with multiple hazardous materials response vehicles.

Accordingly, the guidelines for response and usage include front line response or backup reserve response depending on the needs of the assignee agency, as well as assignment within the California Fire & Rescue Mutual Aid System. Cal OES Fire & Rescue encourages the Assignee agencies to use these vehicles during training and exercises to ensure that potential Hazardous Materials Response Team personnel are familiar with the vehicle operations and competent with the specific hazardous materials equipment carried on the Vehicle.

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3 A Cal OES Fire and Rescue Special Operations Hazmat representative shall be notified when the Hazardous Materials Response Vehicle is out of service for response, maintenance, or staffing. If the Hazardous Materials Response Vehicle is deployed, the Cal OES representative may respond as an Agency Representative (AREP) and/or Subject Matter Expert (SME).

If the Hazardous Materials Response Vehicle is used for local government response, the Assignee Agency is responsible for replacing all expendable equipment utilizing internal funding sources. If the Vehicle responds is dispatched or Prepositioned through the Mutual Aid System, Cal OES will replace all expendable equipment (unless determined to be damaged or lost through negligence). Prior to replacing equipment utilized during a response, the assignee agency shall explore cost recovery programs billable to the responsible party causing the deployment.

Any Cal OES Hazardous Materials Response Vehicle equipment that has been stock received by the agency and is subsequently unaccounted for is the responsibility of the Assignee Agency to replace.

The Cal OES Hazardous Materials Response Vehicle may be refueled after emergency response, or participating in training or exercises or public displays using the assigned state credit card (Wex) on Cal OES expense.

If vehicle maintenance is required, Cal OES requires a Form 161 be completed and submitted to CalOES Fire & Rescue - Fleet Repairs: Fire.Rescue.Fleet[email protected]. for approval prior to commencing with repairs.

Maintenance and repair of the Cal OES Hazardous Materials Response equipment shall be arranged through the normal Cal OES process that includes contact Cal OES Fire and Rescue Special Operations Hazmat Unit.

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

December 3, 2024
Date: November 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Dameon D. Booker, Chief Information Officer
SUBJECT: Purchase Agreement with Telcion Communications Group CONTACT: Dameon D. Booker, Chief Information Officer,
[email protected], 209-571-5229
DESCRIPTION:

Consider approving a Purchase Agreement with Telcion Communications Group, Turlock, CA to enhance cybersecurity infrastructure for a total amount not to exceed $240,000 over three years. (Funding Source: American Rescue Plan Act Funds and Information Technology Fund) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

In September of 2023, City of Modesto's security lead staff established a need regarding the replacement of the city’s Secure Web Gateway (SWG) and Virtual Private Network (VPN) solutions. This need was driven by several factors:

1. The City's current SWG solution, provided by Forcepoint, had been problematic for the Information Technology (IT) team, including challenges with both support and functionality, and particularly noting limited inspection capabilities.

2. A security incident in 2022 prompted city staff to seek a more secure alternative based on Zero Trust Network Access (ZTNA) principles.

3. Over a six-month period, staff conducted a comprehensive technology evaluation process and reviewed several software solutions, provided by both Carahsoft Technologies and Telcion Communications Group, which could provide the solutions needed to establish a more secure gateway.

4. As a result of the successful validation, city staff were able to secure allocation of ARPA (American Rescue Plan Act) funds for this project. Time is crucial and imperative, as the city needs to replace the current VPN solution before the contract expires in December.
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City Council, December 3, 2024
Purchase Agreement with Telcion Communications Group

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Modesto City CouncilDecember 3, 2024

Modesto City Council
December 3, 2024