Safety and Communities Committee
March 10, 2025

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, March 10, 2025 at 4:00 PM
Roll Call: Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

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

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

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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Joining the Committee meeting via Telephone
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PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

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

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

Written comments must be received two hours before the meeting.

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

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

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

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

Consent

1. Consider a First Amendment to the Agreement with FlowWest, LLC. for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, for a new total amount not to exceed $307,393 and forwarding to Council for approval. (Funding Source: Federal High Priority Demonstration Funds, California River Parkways Grant Program, TRRP CIP Fund)
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 Motion recommending a First Amendment to the Agreement with FlowWest, LLC, for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, increasing the Agreement amount by $132,701, to a new total amount not to exceed $256,161, plus $51,232 in additional services, if needed, for a total amount not to exceed $307,393 and forwarding to Council for approval.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent

2. Consider the Sole Source Agreement for the purchase of Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA for a total amount not to exceed $750,000 over five years and forwarding to Council for approval. (Funding Source:

Fleet Fund)
 Motion recommending the Sole Source Agreement for the purchase of MobileSpike Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $150,000, and a total amount not to exceed $750,000 over five years; and forwarding to Council for approval.

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

NEW BUSINESS

3. Consider an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services, and forwarding to Council for approval. (Funding Source: General Fund)
 Motion recommending an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services, and forwarding to Council for approval.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected]

4. Consider the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant Program, in an amount not to exceed $241,720; the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for an amount not to exceed $586,679 and forwarding to Council for approval. (Funding Source: Fleet Replacement Fund)
 Motion recommending the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant voucher for an amount up to $241,720 and forwarding to Council for approval.
 Motion recommending the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for a total amount not to exceed $509,912; and contingency Change Orders not to exceed 15% of the total purchase price and forwarding to Council for approval.

PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected]

ADJOURNMENT
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Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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3/10/2025

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 10, 2025
Date: February 18, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: First Amendment to the Agreement with FlowWest, LLC. for the Design of the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider a First Amendment to the Agreement with FlowWest, LLC. for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, for a new total amount not to exceed $307,393 and forwarding to Council for approval. (Funding Source: Federal High Priority Demonstration Funds, California River Parkways Grant Program, TRRP CIP Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 1972 the City of Modesto, the City of Ceres and Stanislaus County formed a Joint Powers Agreement (JPA) Commission to build and operate the Tuolumne River Regional Park (TRRP).

The JPA purchased land parcels along the Tuolumne River to eventually develop the Tuolumne River Regional Park. The park is approximately 500 acres, mostly on the north side of the river, and extends from Mitchell Road on the east, to just beyond Carpenter Road on the west. While much of the land has been developed, or is under development at this time, there are still several of these parcels that are not fully developed or have not met their full potential as a recreational space.

To date, significant progress has been made to restore the riparian habitat and develop a trail system in the Gateway Parcel of TRRP. This project continues the progress on the trail system. #1..
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Safety and Communities Committee, March 10, 2025
First Amendment to the Agreement with FlowWest, LLC. for the Design of the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project

The focus of the development in the Gateway Parcel of TRRP has been riparian restoration and the newly constructed features have been a portion of the primary TRRP Riverwalk Trail as well as secondary trails.

On June 5, 2018, by Resolution 2018-192 and 2018-193 Council accepted $500,000 in grant funds from the California River Parkways Grant Program (Proposition 13) and allocated the funding for the project in the amount of $849,960 which included $349,940 in Federal High Priority Demonstration Funds.

On January 28, 2020, by Resolution No. 2020-37, Council approved an Agreement with FlowWest, LLC, for $123,460 plus 10% additional services of $12,346, for a total not to exceed $135,806 for the preparation of construction documentation for the TRRP Gateway River Overlook Project.

DISCUSSION:

Since the start of design in 2020, there has been one additional service request approved by the Department Director, as allowed in the Agreement, in the amount of $12,346. Over the past few years, the majority of the construction documentation has been completed, and the permitting processes has begun with the necessary State and Federal agencies. Staff also submitted environmental documentation to CalTrans due to the Federal High Priority Demonstration Funding. CalTrans took more than a year to complete their review of the environmental documentation, delaying the completion of the permitting and construction documentation processes.

The various permitting agencies have requested some additional environmental documentation in order to complete their review of the project. Therefore, in February 2025 staff requested FlowWest, LLC, to submit a budget augmentation request for additional tasks exceeding the original $135,806 authorized in the Original Agreement. The estimated additional tasks resulted in increased costs, totaling $132,701. The additional tasks will assist in the completion of the remaining additional surveys and reports required by the permitting agencies, the construction documentation and design support during bidding and construction.

There are a few optional tasks that are not included in the additional request that might be needed to complete the permitting process. Staff are recommending increasing the additional services budget to 20%, a total of $51,232, to allow the Department Director to approve any necessary permitting tasks that may not be included in this current request for Amendment #1.

This will increase the total maximum compensation under this agreement to $307,393.

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.”
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Safety and Communities Committee, March 10, 2025
First Amendment to the Agreement with FlowWest, LLC. for the Design of the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #101109 (TRRP River Overlook). No additional funding is needed to fund this Amendment #1 to the design agreement.

CURRENT PROJECT REVENUE
Federal High Priority Demonstration Funding $ 349,940
California River Parkways Grant Program $ 500,000
TRRP CIP Funding $ 150,000
TOTAL $ 999,940

ANTICIPATED AGREEMENT EXPENDITURES WITH PROPOSED AMENDMENT Original Design Agreement – FlowWest, LLC $ 123,460
Proposed First Amendment to Agreement $ 132,701
Revised Contingency for Additional Services (20%) $ 51,232 TOTAL $ 307,393
CEQA/NEPA REQUIREMENTS:

The TRRP Gateway River Overlook is identified and included in the TRRP Master Plan, Environmental Impact Report adopted in 2003. This item is an administrative action and therefore is not subject to CEQA review, but staff will do any necessary additional environmental review during the design process and will complete any necessary CEQA documentation prior to construction documentation being completed.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a First Amendment to the Agreement with FlowWest, LLC, for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, increasing the Agreement amount by $132,701, to a new total amount not to exceed $256,161, plus $51,232 in additional services, if needed, for a total amount not to exceed $307,393 and forwarding to Council for approval.

Approved by:

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

1. First Amendment to the Agreement with FlowWest, LLC

2. Exhibits A-1 & B-1

3. Original Agreement with FlowWest, LLC
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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH

FLOWWEST, LLC, FOR TRRP GATEWAY PARCEL RIVER OVERLOOK PROJECT This First Amendment to Agreement for Consultant Services (“First Amendment”) is made by and between the CITY OF MODESTO (“City”) and FLOWWEST, LLC, (“Consultant”) on this _____ day of ______________, 2025 (Effective Date).

RECITALS
This First Amendment is made with regard to the following recitals:
a. City and Consultant entered into an Agreement for Consultant Services for the TRRP Gateway Parcel River Overlook Project on January 28, 2020, approved via Council Resolution No. 2020-37 (the “Original Agreement”); and b. Paragraph no. 9 “AMENDMENTS” on page 7 of the Original Agreement states “Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work”; and
c. Paragraph no. 3 “COMPENSATION” on pages 2-4 of the Original Agreement for Consultant Services specifies the sum of ONE HUNDRED

TWENTY-THREE THOUSAND FOUR HUNDRED SIXTY AND
00/100 DOLLARS ($123,460.00) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement. Additional Services may be authorized by the Department Director in an amount up to, but not to exceed, 10% of the agreed maximum compensation, or TWELVE #1..
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THOUSAND THREE HUNDRED FORTY-SIX AND 00/100 DOLLARS
($12,346). In that event, the new total compensation shall not exceed ONE

HUNDRED THIRTY-FIVE THOUSAND EIGHT HUNDRED SIX AND
00/100 DOLLARS ($135,806.00); and
d. On February 11, 2025, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks in excess of the $135,806.00 authorized in the Original Agreement, attached hereto as Exhibit “A-1” to this First Amendment; and
e. The estimated additional tasks result in increased costs as follows:

1. Additional Environmental Documentation & Permitting (Task 1):

Additional Project Management, Permitting Assistance, Biological Resources Studies and Reports, and Culture Resources Update - $67,683; and

2. Additional Construction Documentation (Task 3): to prepare the final bid package - $28,110; and

3. Additional Bidding and Construction Support (Task 4): to assist with RFI, Submittal, and Change Order review during construction - $30,920; and

4. Reimbursable Expenses: An 8% Markup on Subcontractor labor - $5,988.
f. The aforementioned estimated additional tasks increase the amount of the Original Agreement by ONE HUNDRED THIRTY-TWO THOUSAND
SEVEN HUNDRED ONE AND 00/100 DOLLARS ($132,701.00). The #1..
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amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties; and
g. The parties to the Original Agreement and to this First Amendment now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement; and h. The parties to the Original Agreement and to this First Amendment now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement; and i. The parties to the Original Agreement and to this First Amendment further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment and in no other way whatsoever. All other terms and conditions contained in the Original Agreement remain the same; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree and covenant as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Exhibits A-1 and B-1, attached hereto, and hereby incorporated and made a part of the Original Agreement by this reference.
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3. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted in its entirety and shall read as follows:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in Exhibit “A-1”. The Consultant shall perform the services as described in Exhibit “A” and Exhibit “A-1” in a manner compatible with the standards of its profession and shall produce a complete project as described in Exhibit “A” and Exhibit “A-1” that is acceptable to City.

4. Paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement between the parties shall be deleted in its entirety and read as follows:

COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO

HUNDRED FIFTY-SIX THOUSAND ONE HUNDRED SIXTY-ONE
AND 00/100 DOLLARS ($256,161.00), (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” and Exhibit “A-1” attached hereto as well as for performance by Consultant of all of its duties and obligations #1..
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under the Agreement and the First Amendment, except that additional services may be compensated as described below.

The compensation shall be paid pursuant to and 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" and Exhibit “A-1”. All future work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit "B-1". State of California Prevailing Wage Rates are required for the work described within the project Scope of Services. 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 out-of-pocket costs paid by Consultant in connection with work performed on this project.

No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient #1..
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subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.

Additional services may be authorized by the Department Director in an amount up to, but not to exceed 20% of the agreed maximum compensation, or FIFTY-ONE THOUSAND TWO HUNDRED
THIRTY-TWO AND 00/100 DOLLARS ($51,232.00). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If future additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B-1” and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed THREE HUNDRED

SEVEN THOUSAND THREE HUNDRED NINETY-THREE AND
00/100 DOLLARS ($307,393.00). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of the Agreement.
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5. Paragraph 2 entitled “TERM OF AGREEMENT”, on page 2 of the Original Agreement shall be deleted in its entirety and read as follows:

TERM OF AGREEMENT.

This Agreement is effective as of the Effective Date and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and Exhibit “A-1” and made a part hereof. City hereby gives Consultant notice to proceed with the project in the manner described in Exhibit "A" and Exhibit “A-1”, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completion of the Project until the completion of items shown in Exhibit “A” and Exhibit “A-1”.

6. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment. #1..
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IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment in duplicate 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 ___________, 2025, and FLOWWEST, LLC, has caused this First Amendment to be duly executed as of the Effective date. #1..
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FlowWest PO Box 29392, Oakland, California 94604 510.454.93788 EXHIBIT A-1
February 11, 2025
Dear Mr. Jason Ortega,
I am writing to request authorization for additional services required to complete the TRRP Gateway Parcel River Overlook Project. We have determined that additional work will be required to obtain permits and permissions to complete the project.

We assume that the project would not require a 404 Nationwide Permit or a Clean Water Act Section 401 Water Quality Certification. Identifying whether these permits are required is part of the necessary tasks and obtaining them if they are required is an optional task.

We estimate the cost of this work for FlowWest and our subconsultants as broken down in the following table:

Agreement
Task
Deliverable Responsible Entity Cost
1 Project Management FlowWest $9,166
1 Permits FlowWest $24,818
1 Biological Assessment;
Aquatic Resource
Delineation Report;
Wetlands Only Practicable
Alternative Finding
VNLC $15,615
1 Cultural Resources update
– (Requested: APE Map,
Native American
Consultation, Records
Search and appropriate
studies)
Far Western $18,084
3 Prepare Final Bid Package FlowWest $20,000
3 Prepare Final Bid Package O’Dell $3,640
3 Prepare Final Bid Package Cornerstone $4,470
4 Assist with RFI, Submittal
and Change Order review
during construction
FlowWest $15,000
4 Assist w/ RFI O’Dell $6,980
4 Assist w/ RFI Cornerstone $8,940
Sub Markup FlowWest $5,988
Total
Necessary
Tasks
$132,701
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FlowWest PO Box 29392, Oakland, California 94604 510.454.93788

OPTIONAL TASKS

OPTIONAL
Task/
Contingency
Optional ASR Far Western $9,140

OPTIONAL
Task/
Contingency
Optional Natural
Environment Study
VNLC $5,390

OPTIONAL
Task/
Contingency
Optional Permits FlowWest $24,523
Optional
Task/
Contingency
Assist with RFI Cornerstone $2,590
Total +
Optional
Tasks
$174,344
We would like to use our current 2025 rates to support this work for FlowWest, which we have attached.

We are fully committed to the success of this project and we are happy to talk about any questions you may have related to this request.

Sincerely,
Mark R. Tompkins, Partner
FlowWest, LLC
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Parks, Recreation and
Neighborhoods Department
Parks Planning and
Development Division
P.O. Box 642
Modesto, California 95354
209.577.5344
EXHIBIT ‘B-1’

HOURLY RATES
The following hourly rates will be used for billable hours within this Agreement and for additional work requested and approved. In addition, monthly progress payment invoices shall include the minimum attachments: Detailed description or itemization of work completed for the time period, task billing summary, hourly rates from all consultants.

FlowWest, LLC.

Classification 2025
Principal Engineering Geomorphologist $335
Principal Engineer $302
Principal Geomorphologist $302
Senior Engineer $241
Senior Fisheries Biologist $241
Senior Environmental Planner $241
Project Engineer $221
Project Environmental Planner $221
Staff Environmental Planner $188
Staff Engineer $188
Junior Engineer $168
Senior Data Scientist $241
Senior Software Engineer $241
Project Data Analyst $221
Staff Data Analyst $204
Staff Software Developer $204
Junior Data Scientist / Software Engineer 187
Business Operations Manager $127
Project Accountant $101
Hydrologic Modeler $159
CAD Technician $151
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O’Dell Engineering
Classification Hourly Rate
Admin I $120.00
Admin II $130.00
Admin III $140.00
Admin IV $160.00
Admin V $175.00
Intern I $95.00
Intern II $115.00
Intern III $130.00
Engineering Tech I $110.00
Engineering Tech II $130.00
Engineering Tech III $145.00
Engineering Tech IV $165.00
Engineering Tech V $175.00
Engineering Tech VI $190.00
Engineering Tech VII $210.00
Graduate Engineer I $160.00
Graduate Engineer II $170.00
Graduate Engineer III $180.00
Graduate Engineer IV $190.00
Engineer I $195.00
Engineer II $205.00
Engineer III $220.00
Engineer IV $240.00
Engineer V $275.00
Engineer VI $290.00
Engineer VII $305.00
Graduate Landscape Designer I $150.00
Graduate Landscape Designer II $165.00
Graduate Landscape Designer III $175.00
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Landscape Architect I $170.00
Landscape Architect II $180.00
Landscape Architect III $190.00
Landscape Architect IV $210.00
Landscape Architect V $230.00
Landscape Architect VI $250.00
Assistant Project Manager I $200.00
Assistant Project Manager II $215.00
Assistant Project Manager III $225.00
Project Manager I $210.00
Project Manager II $235.00
Project Manager III $255.00
Project Manager IV $280.00
Project Manager V $300.00
Project Manager VI $315.00
Project Manager VII $330.00
Survey Field I $200.00
Survey Field II $200.00
Survey Field III $240.00
Survey Field IV $265.00
Survey Field V $180.00
Survey Field VI $240.00
Survey Field VII $250.00
Survey Tech I $115.00
Survey Tech II $130.00
Survey Tech III $145.00
Survey Tech IV $170.00
Survey Tech V $190.00
Survey Tech VI $205.00
Graduate Surveyor I $150.00
Graduate Surveyor II $165.00
Graduate Surveyor III $175.00
Surveyor I $170.00
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Surveyor II $190.00
Surveyor III $215.00
Surveyor IV $235.00
Surveyor V $250.00
Surveyor VI $270.00
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Far Western Anthropological Research Group
Archaeologist
Principal Investigator $197.34
Geoarchaeologist $197.34
GIS Supervisor $197.34
GIS Senior Analyst $109.80
GIS Senior Analyst $109.80
Senior Archaeologist $109.80
Data Analyst $80.07
Senior Archaeologist $147.11
Senior Archaeologist $119.60
Staff Archaeologist $94.53
Production Director $121.70
Asst. Production Director $121.70
Production Specialist $97.87
Safety Coordinator $112.10
Logistics Coordinator $96.08
Asst. Project Manager $106.84
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Parikh
Geotechnical Investigation
Project Manager $ 317 - $ 375
Sr. Project Engineer/QA QC Manager $ 245 - $ 303
Senior Engineer – II $ 231 - $ 288
Senior Engineer – I $ 202 - $ 259
Sr. Project Engineer/Geologist $ 173 - $ 231
Project Engineer $ 158 - $ 216
Project Geologist/CEG $ 158 - $ 216
Project Geologist $ 144 - $ 202
Sr. Staff Engineer/PE $ 130 - $ 187
Staff Engineer $ 115 - $ 173
Field Engineer/Geologist $ 86 - $ 187
Lab Technician $ 72 - $ 130
Drafting/Cadd Tech $ 101 - $ 158
Project Control $ 231 - $ 288
Technical Editor $ 79 - $ 137
Field Engineer/Prevailing Wage TBD *
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Cornerstone Structural Engineering Group
Structural Engineer
Senior Principal 300.00/hr
Principal 285.00
Senior Associate 255.00
Construction Manager 245.00
Associate 235.00
Structural Observer 230.00
Assistant Structural Observer 220.00
Project Administrator 185.00
Senior Engineer 220.00
Project Engineer 205.00
Staff Engineer 185.00
Structural Designer 2 170.00
Structural Designer 1 155.00
Junior Engineer 135.00
Senior Computer Drafter 160.00
Computer Drafter 150.00
Junior Computer Drafter 140.00
Accounting Assistant 145.00
Marketing Assistant 130.00
Administrative Assistant 2 130.00
Administrative Assistant 1 120.00
Expert Witness Services 600.00
Subconsultants Cost Plus 10%
Expenses Cost Plus 15%
Copies $0.05 per b/w copy
$1.25 per color copy
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Vollmar Natural Lands Consulting
Biological Support
Senior Biologist $135.00
Staff Biologist $95.00
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 10, 2025
Date: February 5, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice Chair
Rosa Escutia-Braaton, Member

THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Vehicle Disablement System Agreement
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:

Consider the Sole Source Agreement for the purchase of Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA for a total amount not to exceed $750,000 over five years and forwarding to Council for approval. (Funding Source: Fleet Fund) STRATEGIC PLAN ELEMENT:

These items support the City of Modesto 2020-2025 Strategic Plan Area of Focus: “Quality of Life”: engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal A: “improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues”.

BACKGROUND:

Public Works Fleet Services Division assists with procuring, upfitting, servicing and maintaining all law enforcement vehicles for the City. To assist in preserving these vehicles from collision damage, the City has standardized the use of a vehicle disablement system that is integrated into the push bumper on all Field Operations Division patrol units.

Each sports utility vehicle (SUV) assigned to the Field Operations Division within the Police Department is upfitted with various pieces of equipment and components specific to the standards of the Police Department. These upfitting elements are to make the SUVs operationally function per department needs and standards for safety and efficiency. One of the configurations includes a front push bumper and vehicle disablement system.
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Safety and Communities Committee, March 10, 2025
Vehicle Disablement System Agreement

DISCUSSION:

With the City’s current fleet of patrol SUVs, and the ability to reduce repair costs that previously resulted from officers having to conduct Pursuit Immobilization Technique (PIT) maneuvers, the installation of "PIT protection" push bumpers with side protection devices had been implemented as a minimum requirement. As technology improved, one of the options for ending a high-speed vehicle pursuit has been the use of “spike strips.” Historically, these strips were tossed into the road by the officer standing in the roadway. This manual deployment method resulted in officer injuries, deaths, and the general public’s vehicles being inadvertently caught in the spike deployment.

More recently the development of a vehicle disablement system through MobileSpike Technologies, Inc. consisting of a combination push bumper and mechanical arm. The MobileSpike is integrated into the push bumper and mounted to the front bumper of the squad car. As the officer positions the patrol unit with the MobileSpike in front of the rear vehicle tire can activate the spike deployment from a control button inside the patrol vehicle. The officer brakes and the suspect vehicle drives over the spike strip causing the tires to deflate. The spike strip and arm automatically retract when the control button is released.

The integration of the MobileSpike vehicle disablement system has been determined a necessary enhancement for safety of the officers, suspects, and bystanders, minimizing collateral damage to City and other vehicles, and operational loss of patrol units due to body damage requiring extensive body work.

Modesto Municipal Code (MMC) 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, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, MobileSpike Technologies is the original equipment manufacturer (OEM) and sole manufacturer of the disablement system and replacements parts for these critical operational vehicles. Therefore, staff recommends the purchase of the disablement systems and replacement parts of the Agreement with MobileSpike Technologies should be exempt from the formal bidding procedures in accordance with MMC section 8-3.204(b) since MobileSpike Technologies is the OEM and Sole Manufacturers of these disablement systems and replacement parts.

FISCAL IMPACT:

The funding of this purchase is through the Fleet Fund: 5409-53246. The cost incurred will be recovered through the Fleet Replacement sub-fund tied to each piece of equipment.

Below is a summary of the previous three-year spending for the vehicle disablement system:

Period Cost $
2024 $84,934
2023 $14,902
2022 $54,735
TOTAL $154,571
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Safety and Communities Committee, March 10, 2025
Vehicle Disablement System Agreement

Below is a summary of the estimated five-year spending for the vehicle disablement system:

Period Units Cost $
2029 (est. w/3%
CPI) 13 $104,000
2028 (est. w/3%
CPI) 13 $101,000
2027 (est. w/3%
CPI) 19 $144,000
2026 (est. w/3%
CPI) 13 $96,000
2025 (est.) 21 $150,000
Replacement Units Lot $155,000
5-Yr Total $750,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Sole Source Agreement for the purchase of MobileSpike Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $150,000, and a total amount not to exceed $750,000 over five years; and forwarding to Council for approval.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. MobileSpike Technologies, Inc. Agreement

2. Sole Source Memorandum

3. Pricing Sheet
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1 MOBILESPIKE TECHNOLOGIES INC ANNUAL PURCHASE AGREEMENT – PARTS ONLY AGREEMENT # 284800
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and MobileSpike Technologies, Inc., a Washington Corporation Company, hereinafter called VENDOR, W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-xx authorizing the Award of Bid and agreement for the fleet materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A”, and made a part hereof, and WHEREAS, the VENDOR provided a sole source letter that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the purchase of POLICE VEHICLE PARTS as described in attached hereto as Exhibit “C” and made a part hereof, and

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

1. 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 one: APRIL 8, 2025 THROUGH APRIL 7, 2026
Year two: APRIL 8, 2026 THROUGH APRIL 7, 2027
Year three: APRIL 8, 2027 THROUGH APRIL 7, 2028
Year four: APRIL 8, 2028 THROUGH APRIL 7, 2029
Year five: APRIL 8, 2029 THROUGH APRIL 7, 2030
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2 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $150,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $750,000.

B. Pricing during AGREEMENT year one shall be as set forth in Exhibit C Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first year of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12-month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected] . As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method Net 45 Days via manual check”.

6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless mutual agreement of the parties or the sole discretion of the CITY.

7. TERMINATION:

A. 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 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu #2..
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3 thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given therefore.

12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.
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4 15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and 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 VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

16. GOVERNING LAW: This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE: 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.

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.

19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

20. 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: Michael Moormeier, CEO
Mobile Spike Technologies, Inc
1011 3rd Avenue, Suite 4
Longview, WA 98632
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5 CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

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

24. 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. #2..
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6 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2025-___ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed. #2..
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05/19/2024
Michael Moormeier, CEO
MobileSpike Technologies Inc.
[email protected]
www.mobilespike.com
360-560-4343
Shane Castro
This letter is to confirm that the MobileSpike vehicle disablement system is a sole source product, manufactured, sold and distributed exclusively by MobileSpike Technologies, Inc. No division of MobileSpike Technologies Inc., nor any other company, makes a similar or competing product. This product must be purchased directly from MobileSpike Technologies Inc. at the address listed below.

The MobileSpike is the only mobile vehicle disablement system, which uses inserted deflation quills to, in a controlled manner, deflate a fleeing vehicle tire, while such device is attached to a patrol vehicle. It is also the only vehicle mounted tire spiking device that automatically stows after use by the officer.

No other like products, that would serve the same purpose or function as the MobileSpike pursuit stopping system, are available for purchase. Because of our investment in the MobileSpike innovation, MobileSpike Technologies Inc. has created a portfolio of intellectual property rights that include:
• Patents
• Proprietary coded digital instructions for the unit
Attached, you will find additional specifications unique to the MobileSpike vehicle disablement system. If you desire additional information, do not hesitate to contact me at (360) 560-4343 at any time. Thank you for your interest in our products.

Regards,
Michael Moormeier, CEO
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MobileSpike Technologies Inc.
[email protected]
www.mobilespike.com
360-560-4343

MOBILESPIKE PATENT INFORMATION

PATENT NUMBER DESCRIPTION
7573379 Mobile, retractile, lateral deploying, vehicle
disablement system
8154396 Pursuit stopping device
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The MobileSpike e-brochure is hereby referenced and hereto incorporated into the sole source product specifications and is attached as a separate document. #2..
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1011 3rd Ave, Ste 4
Longview WA 98632 DATE 9/17/2024
Phone: 360-560-4343
www.mobilespike.com
[email protected] PAGE [1 of 1]
Sales Rep: Michael Moormeier

BILL TO
City of Modesto AP
PO Box 642
Modesto, CA 95353
209-577-5405
[email protected]
Qty Unit Cost Amount
0 5,500.00 $ $ -
0 5,500.00 $ $ -
Mobilespike Replacement Unit Driver 0 $ 4,200.00 $ -
Mobilespike Replacement Unit Passenger 0 4,200.00 $ $ - Mobilespike Push Bumper Driver 0 $1,139.00 $ -
Mobilespike Push Bumper Passenger 0 $1,139.00 $ -
Pit Protection Driver 0 $1,015.00 $ -
Pit Protection Passenger 0 $1,015.00 $ -
Training Strip Driver 0 $70.00 $ -
Training Strip Passenger 0 $70.00 $ -
Replacement Strip Driver 0 $185.00 $ -
Replacement Strip Passenger 0 $185.00 $ -
Pivot Driver 0 $249.00 $ -
Pivot Passenger 0 $249.00 $ -
Duty Strip Driver 0 $429.00 $ -
Duty Strip Passenger $429.00 $ -
Subtotal -
Taxable -
Tax rate
Tax due -
-
TOTAL $ -
MobileSpike Technologies Inc. PRICING

DESCRIPTION
MobileSpike Complete System Driver
MobileSpike Complete System Passenger
Thank You For Your Business!
If you have any questions, please contact:

Michael Moormeier | CEO | 360-560-4343
Make checks payable to: Mobilespike Technologies Inc.

OTHER COMMENTS
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 10, 2025
Date: February 13, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Advanced Life Support (ALS) Reimbursement Contract with American Medical Response West
CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services, and forwarding to Council for approval. (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:

Per Resolution 2005-573, the City of Modesto Fire Department (MFD) has been under contract with the Local EMS Agency since November 22, 2005, to provide a First Responder Services, including Basic Life Support (BLS) and Advanced Life Support (ALS) responses. The City has had a tremendous success rate in ALS services provided to the community and have developed a positive working relationship with American Medical Response West (AMR), who took over the previous contract from Mountain Valley Emergency Medical Services Agency (MVEMSA)1. The current agreement has been in place since January 1, 2020, and had a termination date of December 31, 2024. The City requires a new contract with the updated contractor effective as of January 1, 2025.

DISCUSSION:

Pursuant to California Health and Safety Code, Section 1797.200, the County of Stanislaus has designated AMR to be the local EMS Agency and to develop a written agreement with any qualified Paramedic Service Provider that wishes to participate in the Advanced Life Support 1 Mountain Valley Emergency Medical Services Agency - https://www.mvemsa.org/ #3..
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Safety & Communities Committee, March 10, 2025
Advanced Life Support (ALS) Reimbursement Contract with American Medical Response West

program in the County of Stanislaus. In addition, Title 22 California Code of Regulations Section 100167(b) (4) requires Paramedic Service Providers to have a written agreement with the local EMS Agency to provide advanced life support.

Under this agreement, MFD will be eligible to receive reimbursement for Emergency Medical Services Responses as well as being restocked on supplies and medications (excluding narcotics) that are utilized in service of this contract.

The proposed agreement will take effect as of January 1, 2025 and shall continue through the term and any earned extensions or other renewal terms of the County 911 Agreement held between AMR West and the Stanislaus County Local Emergency Medical Services Agency to provide Emergency Ambulance Services with ALS and BLS Transport (“Term”). The Term has an earliest termination date of January 1, 2028.

FISCAL IMPACT:

Prices taking effect in the Agreement shall be as follows:
- ALS Response: $29.52
- BLS Response: $20.91
- EMR Response: (“First Responder Fee”): $16.00
- Hospital Ride-In: $250.00
These amounts will be increased on an annual basis based on Consumer Price Index (CPI) 2or 3%, whichever is greater. Reports of total reimbursement costs shall be provided by the 15th of each month for review and paid within 45 days of confirmation.

In the current Fiscal Year 2024/25, the City’s Fire Department responded to 14,543 EMS-type incidents and received $345,196 thus far, averaging approximately $49,300 monthly. These revenues will continue to be returned to the General Fund in the Emergency Medical Services Cost Center (0100-18220).

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services, and forwarding to Council for approval.

Approved by:

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

1. Agreement
2 Consumer Price Index, West Region — January 2025 : Western Information Office : U.S. Bureau of Labor Statistics #3..
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FIRST RESPONDER AGREEMENT
THIS FIRST RESPONDER AGREEMENT (“Agreement”) is made between the American Medical Response West (“AMR”) and the City of Modesto Fire Department (“First Responder”). This Agreement is effective as of the Commencement Date as defined in Schedule “A” attached hereto and incorporated herein by this reference. AMR and First Responder are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

WHEREAS, AMR is an emergency medical services provider in Stanislaus County, California (the “County”);
WHEREAS, AMR has entered into an Agreement for 911 Emergency Ambulance Services with Advanced Life Support (“ALS”) and Basic Life Support (“BLS”) Transport Services in Stanislaus County Zones 1, 3, 8, B and C (“County 911 Agreement”) with Stanislaus County Emergency Medical Services Agency (“SCEMSA” or any successor local emergency medical services agency);
WHEREAS, Stanislaus County EMS has determined that the highest level of county-wide emergency medical response is provided by a system using agreements between fire services EMR, EMT, Paramedic, and ambulances staffed with EMT and Paramedics.

Stanislaus County EMS desires to provide this high level of service while also ensuring that patient fees are equivalent to other emergency ambulance service fees in the Central Valley area and are reimbursable under applicable regulations; WHEREAS, although the County 911 Agreement requires Stanislaus County EMS to contract with First Responders, Stanislaus County EMS has requested AMR to enter this Agreement and AMR is entering this Agreement as an accommodation to Stanislaus County EMS but AMR is doing so without waiver and reserves its rights under the County 911 Agreement;
WHEREAS, First Responder’s costs for providing first responder services exceed the reimbursement herein;
WHEREAS, the arrangement set forth in this Agreement serves the public’s interest and is intended to improve coordination of patient care;
WHEREAS, the emergency ambulance services that AMR provides include services in the First Responder’s service area as defined in the County 911 Agreement; WHEREAS, the County 911 Agreement allows AMR additional time to respond for a request for services when it enters into public/private partnerships with agencies which can arrive on-scene and provide services to patients prior to AMR’s arrival; #3..
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WHEREAS, AMR recognizes costs savings resulting from an agreed upon extended response time when an early responder arrives before AMR and begins caring for the patient;
WHEREAS, AMR wishes to retain First Responder to perform early responder services within the service area defined in Schedule “A” attached hereto (“Service Area”) in order for AMR to receive additional time to respond under the County 911 Agreement and for First Responder to provide paramedic intercept services as defined herein; and WHEREAS, First Responder wishes to perform, and is capable of performing, first responder services within the Service Area pursuant to the terms of this Agreement.

NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1) Provision of Services. First Responder will provide the first responder services and paramedic intercept described in Schedule “A” attached hereto (the “Services”) to patients who are responded to as part of the County EMS System (as defined in the County 911 Agreement) (“Patients”) on the conditions, if any, described in Schedule “A” attached hereto and in the Service Area.
2) Compliance with Laws. The Parties will comply in all material respects with all applicable federal and state laws and regulations, including the federal Anti-kickback statute. Each Party’s vehicles will conform to applicable state regulations and AMR’s vehicles will be duly licensed for the transportation of Patients. All First Responder personnel staffing vehicles that provide the Services and all AMR personnel staffing vehicles that provide AMR Emergency Ambulance Services will be licensed or certified as required by applicable law.
3) Term. Unless earlier terminated as provided for in Section 4 below, the term of this Agreement shall commence on the Commencement Date set out in Schedule “A” attached hereto, and shall continue in full force and effect through the term and any earned extensions or other renewal terms of the County 911 Agreement (“Term”).

Notwithstanding the foregoing, in no event will the Term of this Agreement go beyond the term and any earned extensions or other renewal terms of the County 911 Agreement.
4) Termination. Either Party may terminate this Agreement: (a) at any time without cause and at its sole discretion upon thirty (30) days written notice to the other Party; (b) upon the material breach of this Agreement by the other Party, if such breach is #3..
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not cured within fifteen (15) days of written notice thereof to the other Party; or (c) upon the implementation of a new first responder agreement directly with the County. Notwithstanding the foregoing, AMR may terminate this Agreement immediately upon: (i) following First Responder’s loss or suspension of licensure necessary for the provision of the Services or reduction or loss of First Responder’s insurance coverage below the minimum required under this Agreement. 5) Standards for Services. Each Party represents and warrants to the other Party that any and all services they provide shall be provided in accordance with prevailing industry standards of quality and care applicable to those services provided and the standards required by the County. All requirements of the County 911 Agreement applicable to the Services provided by First Responder are incorporated herein. The Parties represent that there are no terms within this Agreement that are inconsistent with the requirements of the County 911 Agreement applicable to the Services provided by First Responder. In the event of any amendment to, or interpretation of, the County 911 Agreement which would create an inconsistency between the requirements applicable to the Services provided by First Responder and the terms of this Agreement, AMR shall immediately bring them to the attention of First Responder and the Parties shall negotiate in good faith an amendment to this Agreement to address the inconsistency.
6) No Billing by First Responder for ALS Services or Ambulance Transport Services. First Responder shall not bill any Patient, third-party payer or any other source for any ALS services or ambulance transport services. AMR shall perform all billing for ALS services and ambulance transport services under this Agreement if the Patient is transported by AMR. AMR shall be solely and fully responsible for complying with applicable federal, state, and local laws -- including those relating to Medicare, Medi-Cal, and the Affordable Care Act -- governing the billing and collection of money for services provided under this Agreement.
7) Compensation. As consideration for the Services provided under this Agreement and the benefits received by AMR from the County (as discussed in the recitals above), AMR shall pay to First Responder as follows:
a) Effective January 1st, 2025, compensation shall be the sum of twenty nine dollars and fifty two cents $29.52 for ALS response; twenty dollars and ninety one cents ($20.91) for BLS response or sixteen dollars $16.00 for EMR response (“First Responder Fee”) as set forth in the County 911 Agreement. These amounts shall increase on an annual basis, based on Consumer Price index (CPI) or 3%, whichever is larger.
b) AMR shall pay First Responder two hundred fifty dollars ($250.00) for each paramedic intercept in which a firefighter rides in an on AMR BLS ambulance and performs an appropriate ALS intervention in accordance with SCEMSA protocols during a transport to the hospital.
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c) AMR shall pay First Responder two hundred fifty dollars ($250.00) in which fire personnel rides in an on AMR ambulance and assists with patient care when specifically requested by AMR and in accordance with SCEMSA protocols during a transport to the hospital.
d) First Responder shall submit its invoice for the First Responder Fee to AMR by the 15th of each month for the previous month’s medical-related responses. Any payment owed by either Party following the reconciliation shall be made within forty-five (45) days. All payments shall be received by First Responder no later than sixty (60) days from date of invoice. All payments that are due to First Responder and are not received sixty (60) days from date of invoice, are subjected to the prevailing statutory interest rate not exceed 10% per annum. 8) Restocking of Supplies.

First Responder shall submit a resupply order to AMR for disposable medical supplies (excluding narcotics) utilized in the course of patient care. AMR will fulfill the order within a timely manner and will deliver supplies to First Responder’s designated location. The First Responder and AMR shall mutually agree upon a monthly resupply process. AMR shall resupply First Responder within 45 days of receiving supply order. It’s mutually agreed upon that in times of supply chain stock issues, AMR will provide supplies in a timely manner.

Excluding narcotics, the First Responder shall be allowed to exchange medications and disposable medical supplies with AMR that are set to expire within 180 days. If the First Responder fails to exchange medications or disposable medical supplies prior to 120 days before expiration, the First Responder shall be responsible for replacement. The First Responder and AMR shall mutually agree upon an exchange process.

AMR shall resupply oxygen used on EMS calls and shall facilitate the delivery of oxygen to the designated fire stations. Empty tanks shall be picked up at the fire stations by the oxygen supplier and replaced with full tanks on a regular schedule to ensure fire agencies have a complement of full oxygen tanks. The oxygen supplier shall send the invoice to AMR for payment.
9) Records Retention. First Responder shall retain books and records respecting Services rendered to patients for the greater of ten (10) years or the time periods required under all applicable laws (including the requirements of the Secretary of Health and Human Services (“HHS”) and allow access to such books and records by duly authorized agents of the Secretary of HHS, the Comptroller General and others, to the extent required by law.
10) Indemnity. To the fully extend permitted by law, each Party shall defend, indemnify and hold harmless the other Party and its directors, officers, employees, and agents #3..
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from and against liability claims resulting from or alleged to result from any negligence, omissions, or willful or reckless misconduct of the indemnifying Party which arise out of, relate to or result from the indemnifying Party’s performance or non-performance of this Agreement or the County 911 Agreement. 11) Insurance.

First Responder at its sole cost and expense, shall obtain, maintain, and comply with all insurance coverage and requirements required by the First Responder governing and/or regulatory body. Such insurance shall be occurrence based or claims made with tail coverage or shall be in a form and format acceptable to Stanislaus County Counsel and Stanislaus County Risk Management and shall be primary coverage as respects County.

A. Insurance and Indemnification

1. Without limiting the County of Stanislaus or AMR’s right to obtain indemnification from the First Responder or any third parties, subject to the First Responder’s right to seek subrogation for indemnification paid to the County of Stanislaus and AMR under the Agreement and to the extent such indemnification is paid pursuant to this paragraph, the First Responder, at its/their sole expense, shall maintain or cause to be maintained in full force and effect general and professional liability insurance as appropriate and approved by First Responder’s governing body throughout the term of the Agreement.

2. Such insurance policies shall name the County of Stanislaus, its officers, agents, and employees, and AMR, its officers, agents, employees as an additional named insured (except for worker's compensation insurance). Such coverage for said additional named insured shall be primary insurance and any other insurance, or selfinsurance, maintained by the County of Stanislaus, its officer, agents, and employees, AMR, its officers, agents, and employees; shall be secondary and excess only and not contributing with insurance provided under the First Responder’s policies herein. This insurance shall not be canceled or changed to restrict coverage without a minimum of thirty (30) calendar day’s written notice given to the AMR. For Workers’ Compensation Insurance, the insurance carrier shall agree to waive all rights of subrogation against the AMR, the County, and their respective officers, officials and employees for losses arising from the performance of or the omission to perform any term or condition of this Agreement by the First Responder.

3. First Responder shall provide certificates of insurance on the foregoing policies as required herein to the AMR annually, which state or show that such insurance coverage has been obtained and is in full force and effect.

4. First Responder shall exonerate, indemnify, defend, and hold harmless AMR or Stanislaus County from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney's fees arising out of, resulting from any negligent or wrongful act or omission of First Responder or its agents, officers, or employees in connection with the performance of this Agreement. #3..
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5. First Responder shall save and hold harmless AMR and the County of Stanislaus and their officers, employees and agents, from any and all liability for damages, including, but not limited to, monetary loss, judgments, orders of a court, and any other detriment or liability that may arise from any injury to a person or persons, and for damages to property, arising from or out of any negligent or wrongful act or omission of First Responder or its agents, officers, or employees in the performance of the Agreement.

6. First Responder’s obligation to defend, indemnify, and hold the AMR and the County of Stanislaus, and their agents, officers, and employees harmless under the provisions of the paragraphs in this section is not limited to or restricted by any requirement in this Agreement for First Responder to procure and maintain a policy of insurance.

7. AMR agrees to defend, indemnify, save and hold harmless the First Responder and it's officers, employees and agents, from any and all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney's fees arising out of, resulting from, any negligent or wrongful act or omission of AMR or its agents, officers, or employees in connection with the performance of this Agreement by AMR or AMR’s agents, officers, or employees.

8. AMR shall save and hold harmless First Responder and its officers, directors, agents, and employees, from any and all liability for damages, including but not limited to, monetary loss, judgments, orders of a court, and any other detriment or liability that may arise from any injury to a person or persons and for damages to property arising from or out of any negligent or wrongful act or omission of AMR or its agents, officers, or employees in the performance of the Agreement, or AMR’s promulgation of official rules, regulations, or AMR Policies and Procedures not in existence as of the date of this Agreement.
12) HIPAA Compliance. To the extent mandated by law, each Party shall comply with the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder (“HIPAA”), and with such other requirements of HIPAA that may become effective during the Term. All Patient medical records shall be treated as confidential so as to comply with all state and federal laws. 13) Relationship. In the performance of this Agreement, each Party shall be, as to the other, an independent contractor, and neither Party shall have the right or authority, express or implied, to bind or otherwise legally obligate the other. Nothing contained within this Agreement shall be construed to constitute either Party assuming or undertaking control or direction of the operations, activities or medical care rendered by the other. As to either Party’s employees, nothing contained herein shall be construed in such a manner as to give effect to the notion that either Party shall in anyway assume responsibility for the oversight or provision of the other Party’s employee benefits, including but not limited to the payment of wages, provision of #3..
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health insurance, worker’s compensation, unemployment insurance, tax withholdings, or any and all other commonly accepted benefits of employment. 14) Background Investigation. Each Party warrants and represents that it has performed a background investigation on employees who provide Services or drive vehicles as part of the Services (“Background Investigation”). The Background Investigation includes at least the following:

Social Security Number Verification
Criminal Search (7 years or up to 5 criminal searches)
Employment Verification to include reason for separation and eligibility for reemployment for each employer for 7 years OIG List of Excluded Individuals/Entities
Sex Offender Registry
GSA List of Parties Excluded from Federal Programs
Department of Motor Vehicle Driving History
State and Local Licensure Verification
First responder also warrants and represents that it shall perform a Background Investigation on future employees who will provide Services or drive vehicles as part of the Services. Upon request and from time-to-time, First Responder shall provide AMR with a continuing certification of such Background Investigations. 15) Equal Employment Opportunity. If the provisions of Executive Order 11,246 are applicable to this Agreement, the Parties incorporate the equal employment opportunity clause set forth in 41 C.F.R. part 60-1. If the provisions of Executive Order 13,496 are applicable to this Agreement, the Parties incorporate the clause set forth in 29 C.F.R. part 471, Appendix A to Subpart A.
16) Benefits. This Agreement is entered into for the benefit of the Parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons or parties. The Services provided by First Responder under this Agreement represent an extension and expansion of services the First Responder owes to the public in general and by entering into this Agreement the First Responder does not intend to create a special relationship or duty to the other Party or to the public served by either Party.
17) Laws and Regulatory. The parties: (a) will comply in all material respects with all applicable federal, state and local laws and regulations including, the federal Antikickback statute; (b) represent and warrant that it is not the intent of either party that any remuneration, benefit or privilege provided for under this Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, #3..
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leasing or ordering of any services other than the specific services described in this Agreement and any remuneration set forth in this Agreement is fair market value and negotiated at arm-length; (c) will comply with the provisions under the Health Insurance Portability and Accountability Act of 1996 and its regulations; (d) acknowledge that if it is a cost reporting entity that it has been informed of, and will fully and accurately account for, and report on its applicable cost report, the total value of any discount, rebate or other compensation paid pursuant to this Agreement in a way that complies with all applicable federal, state and local laws and regulations that establish a “Safe Harbor” for discounts; (e) represent and warrant that neither it nor any practitioner who orders or provides services on its behalf has been convicted of any conduct that constitutes grounds for mandatory exclusion under any federal or state law and each party further represents and warrants that it is not ineligible to participate in federal or state health care programs or in any other federal or state government payment program; (f) will make available to the other a copy of its code of conduct, anti-kickback policies and other compliance policies, as may be changed from time-to-time; (g) represents and warrants that neither it nor any of its officers or directors have been convicted of a crime against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; (h) represent and warrant that it and its personnel are and, shall at all times during the term of this Agreement be, properly credentialed, licensed, certified and in good standing in accordance with all applicable federal, state, and local laws and regulations; and (i) will notify the other party immediately but no less than five (5) days of any actual knowledge contrary to the requirements set forth in this section.
18) Miscellaneous. This Agreement: (a) constitutes the entire agreement between the parties with respect to the subject matter, superseding all prior oral or written agreements with respect to the subject matter; (b) may be amended only by written instrument executed by both parties; (c) may not be assigned by either party without the written consent of the other party (except to affiliates, parents or subsidiaries), such consent not to be unreasonably withheld; (d) shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the state where the services are rendered, without regard to the conflict of law’s provisions thereof, and the federal laws of the United States applicable therein; (f) this Agreement may be executed in several counterparts (including by DocuSign or other electronic means), each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; (g) this Agreement shall not be effective until executed by both Parties; (h) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of #3..
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the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable; and (i) except as otherwise provided herein, no waiver of any of the provisions of this Agreement shall be valid or effective unless in writing and signed by the Parties hereto; and no waiver of any breach or condition of this Agreement shall be deemed to be a continuing waiver or a waiver of any other breach or condition. The Parties represent and warrant that they have not relied upon any prior or contemporaneous writings, negotiations, proposals, agreements, communications, discussions, or representations. EACH PARTY HERETO HEREBY

IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BETWEEN THE PARTIES AND ARISING UNDER THIS AGREEMENT. 19) Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier then upon delivery thereof as confirmed by such service; (c) by email transmission; or (d) if mailed within the United States, 3 days after deposit in the United States mails, postage prepaid, certified mail return receipt requested. Notice shall be sent to the addresses set forth below the signature blocks.
[SIGNATURES ON FOLLOWING PAGE]
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AMR
By:

Print Name: Daniel Iniguez
Title: Regional Director
Regional Director
American Medical Response
4846 Stratos Wy
Modesto, CA 95356
With Mandatory Copy to:

Law Department
Global Medical Response, Inc.
4400 State Hwy 121, Suite 100
Lewisville, TX 75056

FIRST RESPONDER
By:

Print Name: Kevin Wise
Title: Fire Chief
Fire Chief
Modesto Fire Department
409 12th St.

Modesto, CA 95354
With Mandatory Copies to:

Jose M. Sanchez
City of Modesto
City Attorney’s Office
PO Box 642
Modesto, CA 95353
and
Diane Nayares-Perez
City of Modesto
City Clerk’s Office
PO Box 642
Modesto, CA 95353
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SCHEDULE “A”
I. Services:

First Responder shall provide first response services at the ALS, EMT or EMR level as set forth in the table below to every emergency call dispatched through a Public Safety Answering Point to a call location within the Service Area defined below. First Responder personnel may accompany AMR personnel during transport if the care of the Patient and circumstances warrant based upon SCEMSA protocols. First Responder shall provide the following services:
(a) Assess all patients and begin treatments according to protocol; (b) Reduce incoming ALS ambulance to Code 2, if patient condition warrants; (c) Complete an ePCR on all medical responses, paramedic intercepts or for EMR agencies complete NFIRS;

1. Notwithstanding, ePCR’s are only required when First Responder arrives on scene first, and establishes patient care prior to AMR’s arrival. AMR shall provide the ePCR software or reimburse the First Responder at the equivalent cost.

2. All paramedic intercept ePCRs should be completed within three (3) days after the transport is completed.
(d) Participate in SCEMSA quality improvement program; and (e) Paramedic intercept services in which a First Responder firefighter rides in an on AMR BLS ambulance and performs an appropriate ALS intervention in accordance with SCEMSA protocols
II. Service Area:

Services shall be provided within Zones 1, 3, 8, “B”, “C”, and its service areas (including those in which it provides contracted services).

III. Commencement Date
The Commencement Date referred to in Section 3 of this Agreement shall be: January 1, 2025.

IV. Response Times, Response Time Standards and Per Call Assessments #3..
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Call Type Fire First
Responder
Agreement
Ambulance with
Fire First
Responder
Agreement
Ambulance without
Fire Agreement
Urban Response to 90 percent of calls each month
Code 3 7:00 11:59 (ALS) 7:59
9:59 (EMT)
8:59 (EMR)
Code 2 N/A 15:59 15:59
Suburban Response to 90 percent of calls each month
Code 3 11:00 15:59 (ALS) 11:59
13:59 (EMT)
12:59 (EMR)
Code 2 N/A 19:59 19:59
Rural Response to 90 percent of calls each month
Code 3 19:00 23:59 (ALS) 19:59
21:59 (EMT)
20:59 (EMR)
Code 2 N/A 25:59 25:59
Wilderness (Audit each call)
Code 3 ASAP ASAP ASAP
Code 2 ASAP ASAP ASAP
Response time for Services will be measured from the time the dispatch is received by the First Responder with all information necessary to respond to the call until the time the First Responder arrives on-scene (or in the case of a location other than the actual scene, the staging area or nearest accessible point, e.g., fence, apartment complex parking lot) or the call is cancelled (“Response Time”).
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 10, 2025
Date: February 17, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Electric Vehicle Grant Acceptance and Purchase of Electric Vehicles CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209- 402-6812
DESCRIPTION:

Consider the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant Program, in an amount not to exceed $241,720; the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for an amount not to exceed $586,679 and forwarding to Council for approval. (Funding Source: Fleet Replacement Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan Area of Focus: Governance and Service Delivery: “Build community trust in City government through responsive, transparent, and efficient service delivery; Goal H: Achieve Long-Term Financial Sustainability.

BACKGROUND:

On June 13, 2023, by Resolution No.2023-276, Council approved staff to apply for all electric vehicle charging station grants. This authorization provides the City access to various grant opportunities to meet the State of California mandatory conversion to zero-emission vehicles by the year 2035.

The City of Modesto Public Works Department, Fleet Services Division, manages approximately 1,300 pieces of equipment and is required to comply with the State of California’s Advanced Clean Cars II regulations1 that will scale down emissions of light-duty passenger cars, pickup trucks and Sport Utility Vehicles (SUVs) starting with the 2026 model year through 2035. The Advanced 1 Advanced Clean Cars II, (https://ww2.arb.ca.gov/our-work/programs/advanced-clean-cars-program/advancedclean-cars-ii) #4..
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Safety and Communities Committee, March 10, 2025
Electric Vehicle Grant Acceptance and Purchase of Electric Vehicles

Clean Fleet amendment incorporated California Air Resources Board (CARB) recently adopted Advanced Clean Trucks regulation and will help advance the introduction of zero-emission technologies into California’s truck and bus fleets by the Governor’s Executive Order N-79-202.

DISCUSSION:

The City of Modesto has a long-standing history of addressing air quality and environmental sustainability, particularly in response to the region’s air pollution challenges. Located in California’s Central Valley, Modesto has historically faced air quality issues due to its geography and agricultural base, which can contribute to pollution through dust, vehicle emissions, and industrial activity.

The City submitted through the online portal the voucher application for the Department of Energy, Energy Efficiency and Conservation Block Grant Program (DOE-EECBG). The voucher earmark funding for the City is $241,720.

Fleet Services has identified three vehicles that are on the replacement list to be replaced with the three-grant funded, service body trucks. These will be manufactured from the ground up as full electric trucks, including three electric charging stations, as the City continues the conversion to a zero-emission fleet to meet the State required calendar year 2035 timeframe for reducing emissions and our carbon footprint. The manufacturer has the necessary build for the utility-style truck, appropriate range for battery use, and is on the Sourcewell cooperative agreement.

RFP Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
41153 3/4-Ton Utility
Truck
UTL - Water 2011 128,926 $21,040
41270 3/4-Ton Utility
Truck
UTL – Water 2012 177,427 $50,164
Sourcewell
032824
41271 3/4-Ton Utility
Truck
UTL – Water 2012 159,357 $44,126
These vehicles are used by the Water Division of the Utilities Department to carry out their normal service to the community hauling parts and supplies to make repairs to water service infrastructure throughout the service area.

On August 18, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for replacement utility service trucks. On July 16, 2024, Sourcewell a State of Minnesota local government issued RFP No. 032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services on the Sourcewell Procurement Portal and New York State Contract Reporter website, DJC Oregon, and Oklahoman. On March 28, 2024, proposals were opened at the Sourcewell Procurement Portal. 35 proposals were received and based on the Proposal Evaluation Committee and criteria outlines in the RFP, 33 contracts were awarded for this commodity which includes the Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services. Based on the responsive and responsible proposer offering the meet the scope and mandatory submittal requirements, City staff recommends to award to Kingsburg Truck Center, Kingsburg CA to purchase three Class 4 utility vehicles for an amount not to exceed $586,679.
2 Governor’s Executive Order N-79-20, (https://ww2.arb.ca.gov/resources/fact-sheets/governor-newsoms-zeroemission-2035-executive-order-n-79-20) #4..
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Safety and Communities Committee, March 10, 2025
Electric Vehicle Grant Acceptance and Purchase of Electric Vehicles

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 Contract, the City is complying with the requirements defined under this code for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services.

For these vehicles and equipment, City staff is recommending applying a change order of up to 15% in case any market changes occur between the timeframe of when the order is placed with the vendor and when the production of the vehicle is completed. With current inflation and the volatile vehicle market, City staff will ensure any prices increases requested by the vendor align with the market change based on using the Commodities Research Unit indexes which focuses on indexes related to steel.

Staff recommends the acceptance of the purchase agreement based upon receiving the DOEEECBG grant, which will reduce the budget impact to approximately $344,679 of local funding.

FISCAL IMPACT:

The anticipated cost of $344,679, associated with the DOE-EECBG Grant will be absorbed within the current Fiscal Year (FY) 24/25 Public Works Fleet Replacement Fund in account 5409-53246- 57003 budget.

ANTICIPATED AGREEMENT EXPENDITURES
DESCRIPTION COST per UNIT $ QTY COST $
Workhorse W4 CC Cab and Chassis
Vehicles $156,000 3 $468,000
CTEC 144-43-VFT-95 Utility Beds $0 3 $0
Document Processing Fee $85 3 $255
DMV Doc Fee $33 3 $99
Subtotal: $468,354
Discounts & Incentives
EECBG Funding Contribution -$80,573 3 -$241,720
Sales Tax 8.875% $468,255 1 $41,558
Contingency Change Order: $76,487
Subtotal Local Funding: $344,679
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Safety and Communities Committee, March 10, 2025
Electric Vehicle Grant Acceptance and Purchase of Electric Vehicles

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant voucher for an amount up to $241,720 and forwarding to Council for approval.

Motion recommending the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for a total amount not to exceed $509,912; and contingency Change Orders not to exceed 15% of the total purchase price and forwarding to Council for approval.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. 2-Statement of Work for Non-tribal Energy Efficiency and Conservation Block Grant (EECBG)

2. 4-Statement of Work for Energy Efficiency and Conservation Block Grant (EECBG)

3. Quote
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Equipment Rebate Voucher Applicants
2-Statement of Work for Non-tribal Energy Efficiency and Conservation Block Grant (EECBG) Equipment Rebate Voucher Applicants with a Historic Preservation Programmatic Agreement1 (PA) Requesting Expedited Reviews for Projects with No Ground Disturbing Activities
Check applicable boxes. Note-All boxes must be checked to use this statement of work. ☐ I represent a non-tribal organization.
☐ If my organization funds any activities on tribal lands or tribal properties, I understand those activities would be restricted to homes/buildings less than forty-five (45) years old and without ground disturbance. My organization would contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older and/or ground disturbing activities. I understand the DOE NEPA team must review the Historic Preservation Worksheet and notify my DOE Project Officer before I may begin initiating activities reviewed on the Historic Preservation Worksheet.
☐ My organization is proposing no ground disturbing activities. ☐ My organization and proposed activities are located in AL, AK, AS, AZ, AR, CA, CO, CT,

DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO,

MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, or VI.
☐ I understand I am required to review the NEPA and Historic Preservation training website:
www.energy.gov/node/4816816 and contact my DOE Project Officer with any questions before initiating project activities.
☐ I understand I am required to review my NEPA determination (the DOE form that documents DOE’s environmental review of project activities) once I have an approved award from the DOE Contracting Officer. I will contact my DOE Project Officer with questions on my award documents.
☐ I understand I am required to review and comply with the requirements and restrictions of my Historic Preservation Programmatic Agreement found at:
https://www.energy.gov/node/812599 once I have an approved award from the DOE Contracting Officer. I will contact my DOE Project Officer with questions on my award documents.
☐ I understand I am required to submit an annual Historic Preservation Report at https://forms.office.com/g/kAFs0N7CZH.
☐ I understand if I propose activities not listed below, I must contact my DOE Project Officer who will review the proposal for program eligibility. Additional NEPA review will be required including the possible submission of an Environmental Questionnaire 1 form (EQ1). I will not initiate any activities without approval from the DOE Contracting Officer.
1 Determine if your project is located in a jurisdiction with a Historic Preservation Programmatic Agreement by checking this website: https://www.energy.gov/node/812599 .
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By signing below, ______________________________________ (enter Applicant organization) provides assurance that it shall only fund projects (including subgrants) that fall within the Blueprints and Additional Activities listed below and will follow all restrictions defined below.

Blueprints and Additional Activities:

All proposed project activities and equipment funded from Administrative and Legal Requirements Documents (ALRD), and all proposed project activities and equipment funded under Financial Incentive Programs, must be listed below. Activities and equipment not listed below would require submission of an Environmental Questionnaire 1 form (EQ1).

This Statement of Work is organized around EECBG Program Blueprints. Applicants that plan to use a Blueprint should identify their selected Blueprint number and ensure that their proposed activities align with this Statement of Work. Applicants that do not plan to use a Blueprint may find that their proposed activities are covered under of one of the Blueprint headers or the “Additional Activities” section. Please review each item carefully to determine if proposed activities are included in this Statement of Work.

Blueprints:

1. Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity, electrification and renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

2. Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in Buildings, activities limited to:

City of Modesto
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a. Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
b. Post-implementation measurement & verification limited to data analysis (e.g.:
metering/usage/temperature), which may include monitoring devices installed on equipment, but not on buildings.

3. Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
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viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

4. Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct Ownership, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.

5. Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.

6. Blueprint #3C: Solarize Campaign, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, #4..
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do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.

7. Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.

8. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid vehicles.
b. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.

9. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.

Additional Activities:

10. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades, provided that projects adhere to the requirements of the respective #4..
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applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

11. Installation of renewable energy technology, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed 60kW (including community solar projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU per hour or smaller.

12. Biomass thermal systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in existing buildings, do not require structural reinforcement, do not require ground disturbance, are appropriately sized, and limited to 3 MMBTUs per hour or smaller, with appropriate regulatory permits obtained and Best Available Control Technologies (BACT) installed and operated.

13. Purchase of alternative fuel vehicles, hybrids, and electric vehicles.

14. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen, ethanol, and other commercially available biofuels, (but not storage tanks) provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic #4..
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Preservation Programmatic Agreement (PA), are installed on a current fueling station site, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and obtain the appropriate permits, and comply with regulatory requirements.

15. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized not to exceed 1,000 kWh, obtain the appropriate permits, and comply with regulatory requirements.

The Applicant is responsible for informing DOE of any extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment or any inconsistency with the “integral elements” from a particular project. See 10 C.F.R. Part 1021 Appendix B, and the DOE’s online NEPA and historic preservation training at www.energy.gov/node/4816816 to reviews these concepts.

Expedited NEPA review based on this NEPA Statement of Work and supporting documents does not preclude DOE from conducting stewardship activities, including audits, and site visits, or from exercising any other rights under the EECBG program.

By signing below, the Applicant, agrees to follow all the statements and restrictions in this document; review and comply with the NEPA Determination (included in their Applicant award documents); review the DOE’s NEPA and Historic Preservation training website. DOE has developed a NEPA and Historic Preservation training website which contains PowerPoint presentations, sample template documents (including a project scope of work and a project layout), a Word template of the Environmental Questionnaire1 (EQ1), and an EQ1 Submission Guide at www.energy.gov/node/4816816. Applicants are responsible for reviewing these trainings and reviewing the sample documents prior to initiating projects.

Recipients must contact their DOE Project Officer with any questions. Subgrantees should also review the NEPA and Historic Preservation training website prior to initiating projects. ________________________________________________________________ Authorized Signature Date
Name (Printed or typed):___________________________________________ Title (Printed or typed):_____________________________________________ Organization (Printed or typed):______________________________________ Crowley, Patrick
Senior Public Works Manager
City of Modesto
03 October 2024
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Equipment Rebate Voucher Applicants
4-Statement of Work for Energy Efficiency and Conservation Block Grant (EECBG) Equipment Rebate Voucher Applicants (including tribal and non-tribal applicants) withOUT a Historic Preservation Programmatic Agreement1 (PA) Requesting Expedited Reviews for Projects with No Ground Disturbing Activities Check applicable boxes.
☐ I represent a tribal government.
☐ I represent a non-tribal organization located in Guam. ☐ I understand all activities would be restricted to homes/buildings less than forty-five (45) years old and without ground disturbance. My organization would contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older, are located in a historic district, and/or propose ground disturbing activities. I understand the DOE must review the Historic Preservation Worksheet and approval from my DOE Project Officer is required before I may begin initiating activities reviewed on the Historic Preservation Worksheet.
☐ My organization is proposing no ground disturbing activities. ☐ I understand I am required to review the NEPA and Historic Preservation training website:
www.energy.gov/node/4816816 and contact my DOE Project Officer with any questions before initiating project activities.
☐ I understand I am required to review my NEPA determination (the DOE form that documents DOE’s environmental review of project activities) once I have an approved award from the DOE Contracting Officer. I will contact my DOE Project Officer with questions on my award documents.
☐ I understand I am required to submit an annual Historic Preservation Report at https://forms.office.com/g/kAFs0N7CZH.
☐ I understand if I propose activities not listed below, I must contact my DOE Project Officer who will review the proposal for program eligibility. Additional NEPA review will be required including the possible submission of an Environmental Questionnaire 1 form (EQ1). I will not initiate any activities without approval from the DOE Contracting Officer.

By signing below, ______________________________________ (enter Applicant organization) provides assurance that it shall only fund projects (including subgrants) that fall within the Blueprints and Additional Activities listed below and will follow all restrictions defined below. 1 Determine if your project is located in a jurisdiction with a Historic Preservation Programmatic Agreement by checking this website: https://www.energy.gov/node/812599 .

City of Modesto
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Blueprints and Additional Activities:

All proposed project activities and equipment funded from Administrative and Legal Requirements Documents (ALRD), and all proposed project activities and equipment funded under Financial Incentive Programs, must be listed below. Activities and equipment not listed below would require submission of an Environmental Questionnaire 1 form (EQ1).

This Statement of Work is organized around EECBG Program Blueprints. Applicants that plan to use a Blueprint should identify their selected Blueprint number and ensure that their proposed activities align with this Statement of Work. Applicants that do not plan to use a Blueprint may find that their proposed activities are covered under of one of the Blueprint headers or the “Additional Activities” section. Please review each item carefully to determine if proposed activities are included in this Statement of Work.

Blueprints:

1. Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity, electrification and renewable energy upgrades; provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

2. Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in Buildings, activities limited to:
a. Building energy efficiency project implementation and acceptance. Funding commercially available energy efficiency or renewable energy upgrades; provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to #4..
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regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
b. Post-implementation measurement & verification limited to data analysis (e.g.:
metering/usage/temperature), which may include monitoring devices installed on equipment, but not on buildings.

3. Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades; provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
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viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

4. Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct Ownership, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems , provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are not to exceed 60 kW DC. b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are appropriately sized not to exceed 1,000 kWh.

5. Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems , provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are not to exceed 60 kW DC. b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are appropriately sized not to exceed 1,000 kWh.

6. Blueprint #3C: Solarize Campaign, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems , provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are not to exceed 60 kW DC. b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do #4..
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not require ground disturbance, tree removal or tree trimming, and are appropriately sized not to exceed 1,000 kWh.

7. Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems , provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are not to exceed 60 kW DC. b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are appropriately sized not to exceed 1,000 kWh.

8. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid vehicles.
b. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.

9. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.
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Additional Activities:

10. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.

11. Installation of renewable energy technology, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, and are limited to:
a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed 60kW (including community solar projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU per hour or smaller.

12. Biomass thermal systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and limited to 3 MMBTUs per hour or smaller, with appropriate regulatory permits obtained and Best Available Control Technologies (BACT) installed and operated.

13. Purchase of alternative fuel vehicles, hybrids, and electric vehicles. #4..
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14. Installation of fueling pumps and systems (but not storage tanks) for fuels such as compressed natural gas, hydrogen, ethanol, and other commercially available biofuels, provided that projects are installed on a current fueling station site (less than 45 years old), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and obtain the appropriate permits, and comply with regulatory requirements.

15. Development and installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects are installed in or on existing buildings less than 45 years old (or within the boundaries of a facility less than 45 years old, defined as an already disturbed area due to regular ground maintenance), are not within a historic district, do not require ground disturbance, tree removal or tree trimming, are appropriately sized not to exceed 1,000 kWh, obtain the appropriate permits, and comply with regulatory requirements.

The Applicant is responsible for informing DOE of any extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment or any inconsistency with the “integral elements” from a particular project. See 10 C.F.R. Part 1021 Appendix B, and the DOE’s online NEPA and historic preservation training at www.energy.gov/node/4816816 to reviews these concepts.

Expedited NEPA review based on this NEPA Statement of Work and supporting documents does not preclude DOE from conducting stewardship activities, including audits, and site visits, or from exercising any other rights under the EECBG program.

By signing below, the Applicant, agrees to follow all the statements and restrictions in this document; review and comply with the NEPA Determination (included in their Applicant award documents); review the DOE’s NEPA and Historic Preservation training website. DOE has developed a NEPA and Historic Preservation training website which contains PowerPoint presentations, sample template documents (including a project scope of work and a project layout), a Word template of the Environmental Questionnaire1 (EQ1), and an EQ1 Submission Guide at www.energy.gov/node/4816816. Applicants are responsible for reviewing these trainings and reviewing the sample documents prior to initiating projects.

Recipients must contact their DOE Project Officer with any questions. Subgrantees should also review the NEPA and Historic Preservation training website prior to initiating projects. ________________________________________________________________ Authorized Signature Date
Name (Printed or typed):___________________________________________ Title (Printed or typed):_____________________________________________ Organization (Printed or typed):______________________________________ Crowley, Patrick
Senior Public Works Manager
City of Modesto
10/1/2024
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KINGSBURG TRUCK CENTER
11652 E Kamm Ave
Kingsburg, CA 93631
(559) 891-7077
Quote/Purchase Order

ADDRESS
City of Modesto
1010 10th Street
Modesto, Ca 95353

SHIP TO
City of Modesto
1010 10th Street
Modesto, Ca 95353

QUOTE/PURCH

ASE ORDER
COM 3 trucks
DATE 02/17/2025

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Workhorse W4 CC Workhorse W4CC Cab and Chassis
Vehicle Class 4
GVWR 14,330
Curb Weight 7,330
Payload 7,000
Axle Load Rating - Front 4,409
Axle Load Rating - Rear 9,920
Battery: kWh 118
Voltage 576
Chemistry LiFrPo4
Range (nominal) 150 Miles
Wheelbase 170
Cab-to-Axle Distance 110
Sourcewell Contract (#032824-WKH)
3 156,000.00 468,000.00T
CTEC 144-43-
VFT-95
CTEC 144-43-VFT-95 (Workhorse W4 CC)
Utility Bed
Body is 144" long
Body is 43" tall
Body is 95" wide
Body config: Vertical config with flip top
lids - CS&SS
Painted White
LED stop tail turn lights
Step bumper painted silver
Hardware; stainless steel t-handles
3 point door locking
Barrel locks with 4 keys
Gas shocks on all compartments
Interior work lighting in all utility bed
compartments
Stand alone isolated 12 volt battery to
operate all work lights and emergency
flashers
Overhead HD ladder rack
3 0.00 0.00T
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Diamond plate lids and gravel guards
4 Cornerstrobes & amber lights
Doc fee 3 33.00 99.00
Document
Processing Fee
3 85.00 255.00T
HVIP Class 4 CAHVIP VoucherAmount
Discount Grant EECGB Funding 1 -241,720.00 -241,720.00
Sourcewell Sourcewell contract 032824-WKH 1 0.00 0.00T
Disclaimer Please note, the above vouchers are based
on current availability and the companies
ability to qualify forsaid vouchers.
*Quote valid for 60 days*
1 0.00 0.00
Disclaimer Please note, this quote is only valid if both the EECGB funding comes through at the
above mentioned amounts. Neither
Modesto or Kingsburg Truck Center are
liable to follow through with this order if
the above grants are not met at their above
stated amounts.
1 0.00 0.00
SUBTOTAL 226,634.00
TAX 41,557.63
TOTAL $268,191.63
Accepted By
Accepted Date
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