Agenda packet — Safety and Communities Committee, April 14, 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, April 14, 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:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
 Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

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

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 2 -
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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 the Sole Source purchase of two LifePak15 Monitors and eight LUCAS devices from Stryker Medical, Chicago, IL for a total cost not to exceed $323,525 and forwarding to Council for approval. (Funding Source: Measure H Fund, Emergency Medical Services Revenue (EMS) and General Fund)
 Motion recommending the Sole Source Purchase with Stryker Medical, Chicago, IL of two LifePak15 Monitors and eight LUCAS devices for a total cost not to exceed $323,525 and forwarding to Council for approval.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] - 3 -
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Consent

2. Consider the Annual Fire Inspection Report for 2024 and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending the Annual Fire Inspection Report for 2024 and forwarding to Council for approval.

FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] Consent

3. Consider amending the Culture Commission bylaws and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending amending the Culture Commission bylaws and forwarding to Council for approval.

PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent

4. Consider a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000 and forwarding to Council for approval. (Funding Source: General Fund)
 Motion recommending a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000 and forwarding to Council for approval.

PRN; Diane Sheatsley, 209-577-5418, [email protected]

UNFINISHED BUSINESS

5. 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]

NEW BUSINESS

6. Consider the Modesto Police Department’s annual Military Equipment report, an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) purchasing additional equipment that qualifies as “military equipment” and forwarding to Council for approval. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)  Motion recommending the Modesto Police Department’s annual Military Equipment report, recommending an Ordinance re-authorizing the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval. - 4 -
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POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected]

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

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 14, 2025
Date: March 26, 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: Purchase of LifePak 15 Monitors/Defibrillators and Lucas Devices CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider the Sole Source purchase of two (2) LifePak15 Monitors and eight (8) LUCAS devices from Stryker Medical, Chicago, IL for a total cost not to exceed $323,525 and forwarding to Council for approval. (Funding Source: Measure H Fund, Emergency Medical Services Revenue (EMS) and General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto Fire Department (MFD) has utilized the LifePak Monitors and defibrillators since the inception of our Advanced Life Support Paramedic Program in the early 1990’s. The City started with the LifePak12 model and are now upgrading to the current LifePak15 models.

LifePak15s are utilized by all the ambulance companies in the City’s surrounding areas and on all Advanced Life Support (ALS) fire engines in the City of Modesto. This allows for equipment interchangeability when MFD operates in conjunction with other local ambulance providers or other mutual-aid agencies. The City also operates LifePak Automatic External Defibrillators (AED) on all the Basic Life Support (BLS) engine companies making pads interchangeable across all department apparatus.

The LUCAS device provides automatic mechanical continuous chest compressions for patients suffering from cardiac arrest. This medical device has proven to be efficient and effective in delivering the therapeutic cardiac component of Cardio Pulmonary Resuscitation (CPR). These devices assist the department in meeting the goal of providing high performance CPR which greatly improves the chances of return of spontaneous circulation and survival. #1..
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Safety & Communities Committee, April 14, 2025
Purchase of LifePak15 Monitors/Defibrillators and Lucas Devices

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On December 6, 2022, by Resolution 2022-460, Council approved the purchase of eight (8) LifePak15 monitors from Stryker Medical, Chicago, IL for an amount not to exceed $353,624.

With the adoption of additional contracted fire services, MFD’s jurisdictional boundary has broadened, creating an increased requirement of ALS services. Subsequently, additional equipment is in demand for the department’s first responders to provide vital care to the community. The proposed additional LifePak15s and LUCAS devices will ensure these expectations are met.

DISCUSSION:

LifePak 15 monitors are Advanced Life Support medical devices that Paramedics utilize to assess and treat patients. Capabilities of the device include blood pressure monitoring, pulse oximetry, (ECG) electrocardiogram, defibrillation, cardiac pacing, carbon dioxide and monoxide level detection and monitoring. The devices are required for Advance Life Support patient care.

Four (4) devices will be utilized to replace those that are near end of service life with two (2) for spares as needed for service and maintenance. The purchase of additional LifePak15 units is necessary to ensure that the first responders can continue to provide vital care to the community.

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(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.204(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, Stryker is the original equipment manufacturer and distributor of the LifePak15 monitors as well as the LUCAS device as they recently purchased Physio-Control and now serve as the sole source distributor.

FISCAL IMPACT:

The anticipated cost of $323,525 is fully budgeted within the current 2024-25 Fiscal Year from the Measure H budget and within the Emergency Medical Services cost center.

Fund Cost Center Amount
0160-18221 Measure H Emergency Medical
Services
$266,917
0100-18220 Emergency Medical Services $3,525
100960 EMS Project $53,083
TOTAL $323,525
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Sole Source Purchase with Stryker Medical, Chicago, IL of two (2) LifePak15 Monitors and eight (8) LUCAS devices for a total cost not to exceed $323,525 and forwarding to Council for approval.
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Safety & Communities Committee, April 14, 2025
Purchase of LifePak15 Monitors/Defibrillators and Lucas Devices

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Approved by:

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

1. Quote 10984629

2. Financial Interest Disclosure

3. Executed Bid Waiver
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FINANCIAL INTEREST DISCLOSURE
Any contract award therewith will require approval by a majority vote of the City of Modesto’s City Council.

In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.

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

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

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

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

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

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Vendor meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Vendor Signatory:

Signature of Vendor Representative:
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 14, 2025
Date: March 25, 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: State-Mandated Reporting of Fire Inspections
CONTACT: David Bickle, Fire Marshal, [email protected], 209-571-5553 DESCRIPTION:

Consider the Annual Fire Inspection Report for 2024 and forwarding to Council for approval. (Funding Source: Not Applicable)
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:

California Code of Regulations Title 19 requires specific buildings to be inspected annually.

California Code of Regulations Title 19, Section 13146.4(a) states that “Every city or county fire department or district is required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.” This report is being presented to the Committee to receive approval to forward to City Council as our “administering authority” for acceptance to fulfill this requirement.

Sections 13146.2 and 13146.3 of the California Health and Safety Code require inspection of hotels, motels and apartment buildings and all buildings used as public and private schools, respectively.

DISCUSSION:

Each year the state requires annual inspections in two types of occupancies, Hotels/Apartments and Schools (both public and private). In the City of Modesto there are 597 Hotel/Apartment Occupancies, 441 of which (74%) had completed inspections in 2024, which is an increase by #2..
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Safety and Communities Committee, April 14, 2024
State-Mandated Reporting of Fire Inspections

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62% over the previous year. There are 74 School Occupancies, all 74 of which had a completed inspection in 2024, which is an increase by 99% over the previous year.

Increased completion rates of these inspections can be attributed to the filling of the Deputy Chief position to return the Fire Marshal authority to the City. Additionally, these inspections have been made a priority among the Community Risk Reduction Inspectors. The goal for 2025 is to maintain a 100% completion rate for school inspections and to continue to improve the Hotel and Apartment inspection rate.

FISCAL IMPACT:

There is no fiscal impact with this report.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Annual Fire Inspection Report for 2024 and forwarding to Council for approval.

Approved by:

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

MODESTO FIRE

DEPARTMENT
409 12th STREET | MODESTO, CALIFORNIA 95354 | PHONE 209.572.9590 Date: March 25, 2025
From: David Bickle, Fire Marshal
Subject: State-Mandated Reporting of Fire Inspections
To the Administering Authority:

Below are the statistics of inspections performed by the Modesto Fire Department in 2024:

Hotels and Apartments:

Total inventory 597
Inspections completed 441
Percentage completed 74%
Public and Private Schools:

Total inventory 74
Inspections completed 74
Percentage completed 100%
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 14, 2025
Date: March 19, 2025
TO: Safety & Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Amending Modesto Culture Commission Bylaws
CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected], 209-577-5418
DESCRIPTION:

Consider amending the Culture Commission bylaws and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to build community trust in government through responsive, transparent, and efficient service delivery.

BACKGROUND:

The Parks, Recreation and Neighborhoods Department is staff to the Modesto Culture Commission which acts in an advisory capacity on matters pertaining to art, literature, music, and other cultural activities. The Culture Commission’s bylaws were last amended in 2016.

Due to the passage of time, several administrative updates are being proposed. Pursuant to Section 9.01 of the bylaws, the bylaws and any future amendments are subject to final approval of the City Council and are not intended to go beyond any of the powers and duties given to the Commission by the City Council.

DISCUSSION:

The proposed amendments to the Culture Commission bylaws are designed to provide clarification where needed, to enhance its Mission and Objectives, and clarify appointments, and attendance at meetings. The proposed amendments were vetted by the Culture Commission, staff, and the City Attorney’s Office. On March 5, 2025, the Culture Commission voted unanimously to approve the proposed amended bylaws and forward them to the appropriate Council Committee and City Council for consideration. A tracked-changes copy and clean copy of the proposed bylaws is attached. A summary of the amendments is listed below:
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Safety & Communities, April 14, 2024
Amending Modesto Culture Commission Bylaws

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Mission Statement and Objectives:
 Rephrased - Mission Statement: The mission of the Modesto Culture Commission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.
 Rephrased - Vision Statement: A culturally rich city that is an enjoyable and appealing place to live and visit.

Attendance at Meetings:
 Clarified – Regular meeting schedule.
 Revised to match the City of Modesto’s Reference Guide for Appointment Bodies, published on January 3, 2024.

FISCAL IMPACT:

Amending bylaws for the Culture Commission has no fiscal impact.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending amending the Culture Commission bylaws and forwarding to Council for approval.

Approved by:

Jeremy Rogers, CPRE, Director of
Parks, Recreation and Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Amended Bylaws – Tracked Changes

2. Amended Bylaws - Clean
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 1

CULTURE COMMISSION
BYLAWS
Adopted May 10, 2016, Resolution No. 2016-194
Article I. Definitions
Section 1.01 There is a Commission created to be known and designateds as the Modesto Culture Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Culture Commission. (b) “Culture Commission” and “Commission” shall mean the Culture Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.

Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:

The mission of the Modesto Culture Commission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.

Section 2.02 Vision Statement
A culturally rich city that is an enjoyable and appealing place to live and appealing place to visit.

Section 2.03 Power and Duty
The Commission has the power and duty to:
(a) Act in an advisory capacity to the City Council and the City Manager in all matters pertaining to art, literature, music and other cultural activities;
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 2
(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters; (d) Act in an advisory capacity to the City Council, the City Manager, and the Director of any Museum or Cultural Center that may be established by the City Council;
(e) Act in an advisory capacity to the City and City Manager on matters relating to the administration, selection, and placement of public art and art in public places;
(f) Facilitate the development of resources that support the City’s cultural assets;
(g) Solicit and evaluate applicants for the position of Poet Laureate and act in an advisory capacity to City Council for the selection of the Poet Laureate.

Article III. Membership
Section 3.01 The Culture Commission shall consist of seven (7) qualified persons, comprised of the following:

Seat Designation Term
Chairperson One year, voted by simple majority of
commission.

Vice Chairperson One year, voted by simple majority of
commission.

Citizen
(All seven commissioners)
Four years, appointed by City Council
Section 3.02 Five (5) members of the Commission shall be registered electors of the City and two (2) shall live outside the City but shall be registered electors of Stanislaus County.

Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3. 04 All appointments to the Commission shall be made by the City’s Appointments Committee and approved by the City Council. #3..
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 3
Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.

Section 3.06 All Members must complete a Statement of Economic Interest (Form 799) by April 1 of each year and when assuming or leaving Commission membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms.

Section 4.02 A full term is four (4) years in duration.

Section 4.03 A partial term of two (2) years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31, four (4) years subsequent.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.

Section 4.07 Appointments to fill vacancies on the Commission shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Commented [AVG1]: Should this be Form 700?
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 4
Article V. Attendance at Meetings
Section 5.01 The Commission shall convene monthly on a regularly scheduled date, time and location to be set by the Commission. It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission.

Excused absences may be granted due to illness or injury, unexpected business, emergencies, important personal business, official City business, or any reasonable excuse that is approved by the appointed body.

A member who does not meet any of the conditions for an excused absence or fails to notify the Recording Secretary or Staff Liaison in advance of the meeting will be marked as an unexcused absence.

Unexcused absences shall result in automatic resignation if a member is absent from three (3) regular meetings unless by permission of the Culture Commission and expressed in its official minutes.

Three (3) or more unexcused absences are grounds for the removal from the Commission by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.

Officers are eligible to be elected to serve more than one term or consecutive terms.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 5
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.

Section 7.06 All meetings of the Commission shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures n the conduct of Commission meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
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Culture Commission Bylaws
05/10/2016 – Resolution No. 2016-194 Page | 6
(e) Old Business
(f) New Business
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council.
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Culture Commission Bylaws Page | 1

CULTURE COMMISSION
BYLAWS
Adopted, Resolution No.

Article I. Definitions
Section 1.01 There is a Commission created to be known and designated as the Modesto Culture Commission
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Culture Commission. (b) “Culture Commission” and “Commission” shall mean the Culture Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.

Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:

The mission of the Modesto Culture Commission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.

Section 2.02 Vision Statement
A culturally rich city that is an enjoyable and appealing place to live and visit.

Section 2.03 Power and Duty
The Commission has the power and duty to:
(a) Act in an advisory capacity to the City Council and the City Manager in all matters pertaining to art, literature, music and other cultural activities;
(b) Formulate and recommend annually to the City Council a program relating to art, literature, music, and other cultural activities; #3..
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Culture Commission Bylaws Page | 2
(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters; (d) Act in an advisory capacity to the City Council, the City Manager, and the Director of any Museum or Cultural Center that may be established by the City Council;
(e) Act in an advisory capacity to the City and City Manager on matters relating to the administration, selection, and placement of public art and art in public places;
(f) Facilitate the development of resources that support the City’s cultural assets;
(g) Solicit and evaluate applicants for the position of Poet Laureate and act in an advisory capacity to City Council for the selection of the Poet Laureate.

Article III. Membership
Section 3.01 The Culture Commission shall consist of seven (7) qualified persons, comprised of the following:

Seat Designation Term
Chairperson One year, voted by simple majority of
commission.

Vice Chairperson One year, voted by simple majority of
commission.

Section 3.03 No Member of the Commission shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3. 04 All appointments to the Commission shall be made by the City’s Appointments Committee and approved by the City Council. #3..
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Culture Commission Bylaws Page | 3
Section 3.05 No Member of the Commission shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director.

Section 3.06 All Members must complete a Statement of Economic Interest (Form 799) by April 1 of each year and when assuming or leaving Commission membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms.

Section 4.02 A full term is four (4) years in duration.

Section 4.03 A partial term of two (2) years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31, four (4) years subsequent.

Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.

Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Commission when no longer a resident of the City or when a conflict of interest exists.
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Culture Commission Bylaws Page | 4
Article V. Attendance at Meetings
Section 5.01 The Commission shall convene monthly on a regularly scheduled date, time and location to be set by the Commission. It shall be the responsibility of each Member to know the dates and times of all Commission Meetings. If a Members knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Commission Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Commission.

A member who does not meet any of the conditions for an excused absence or fails to notify the Recording Secretary or Staff Liaison in advance of the meeting will be marked as an unexcused absence.

Unexcused absences shall result in automatic resignation if a member is absent from three (3) regular meetings unless by permission of the Culture Commission and expressed in its official minutes.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.

Officers are eligible to be elected to serve more than one term or consecutive terms.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Commission are properly enforced.

Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair. #3..
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Culture Commission Bylaws Page | 5
Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.

Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures n the conduct of Commission meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
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Culture Commission Bylaws Page | 6
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 14, 2025
Date: March 19, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Award of 150th Anniversary Mural Project Contract CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected] DESCRIPTION:

Consider a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000 and forwarding to Council for approval. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: build and promote a recognizable and desirable identity for the City of Modesto.

BACKGROUND:

Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. Their role is to promote the preservation of historic sites, landmarks, art, and other objects associated with the history of the City and the area. Its mission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.

In 2018, members of the Culture Commission served on the planning committee commemorating the City’s Sesquicentennial in 2020. One effort was a multi-mural project celebrating Modesto’s 150-year history, culture, diversity, richness, and bounty. Sadly, most celebratory efforts were abandoned due to the 2020 global pandemic. However, as life began to return to normal, and Culture Commission meetings resumed, the Culture Commission affirmed their goal to have the mural funded and created. Finally in early 2024, they 1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CU CO
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Safety and Communities Committee, April 14, 2024
Award of 150th Anniversary Mural Project Contract

Page 2 of 3 ends

unanimously approved its Request for Proposals (RFP) calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.

In June 2024, Council, by Resolution No. 2024-266, approved moving forward with the RFP to solicit proposals from qualified artists, teams of artists, and muralists to create a mural on the south wall of the 10th Street Parking Garage to commemorate the City’s 150th Anniversary. The garage is owned by the City and the wall, 44’x32’, provides a large canvas visible to all those congregating in Tenth Street Plaza and utilizing the 10th Street Parking Garage. The proposed mural will serve as a celebration of Modesto and enhance the character of downtown in an effort to draw people from within and outside the community to visit and photograph.

DISCUSSION:

The RFP was advertised on PlanetBids and mailed to 81 schools and districts, 9 local art galleries, and 26 muralists. A total of 8 proposals were received and deemed complete. In January 2025, the Culture Commission, serving as the Selection Committee, reviewed all submissions and, in compliance with Modesto Municipal Code 4-22.06, considered the artist’s qualifications, merit, demonstration of past work, probability of successful completion, appropriateness of scale and form, as well as permanence concerning resistance to tagging, weathering, and repair costs.

The Culture Commission unanimously agreed to move forward with discussions with Mr. Trinity Rivard of Tampa, Florida. The Culture Commissioners conducted several phone and virtual meetings with Mr. Rivard to collaborate on the final design. Mr. Rivard’s design captures the history of Modesto from an architectural and cultural perspective using colorful vignettes woven together to create a visually captivating and iconic mural to celebrate the City’s sesquicentennial (150th Anniversary).

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for the mural design and installation to Trinity Rivard conforms to Modesto Municipal Code 8-3.204, subsection (a) as he is providing professional services and at least three informal proposals were obtained.

FISCAL IMPACT:

The award of contract for design, installation, and materials, including a protective coating is not to exceed $25,000. Funding for this project is housed in non-capital project #100880 – Task 10395 (Art in Public Places). There is minimal anticipated financial impact on the City, with funding provided in the current operating budget to remove tagging from time to time with minimal effort due to protective coating.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000 and forwarding to Council for approval. #4..
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Safety and Communities Committee, April 14, 2024
Award of 150th Anniversary Mural Project Contract

Page 3 of 3 ends

Approved by:

Jeremy Rogers, CPRE, Director of Parks,
Recreation and Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Services Agreement

2. Request for Proposal

3. Proposal
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AGREEMENT FOR SERVICES
THIS AGREEMENT for services (“Agreement”, is made and entered into in the City of Modesto, State of California, this ____ day of 2025 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Trinity Rivard, a Visual Artist, hereinafter referred to as "CONTRACTOR".

This Agreement is made with regard to the following recitals:

A City desires to engage with CONTRACTOR to provide services (the “Services”) consisting of installing a professional public mural celebrating Modesto’s Sesquicentennial (the “Mural”).

B City designates the mural to be installed on the south exterior wall of the Tenth Street Parking Garage overlooking Tenth Street Plaza, at 1010 Tenth Street, Modesto, CA 95354 (the “Premises”); B CONTRACTOR represents that it is qualified, willing, and able to provide said services;
C City of Modesto Redevelopment Successor Agency is the legal owner of the Premises;
D City has the full authority to allow installation of the Mural on the Premises;
NOW, THEREFORE, the parties mutually agree as follows:
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1. SCOPE OF SERVICES.

CONTRACTOR shall undertake and complete the work as set forth and described in the document attached hereto and referred to as Exhibit A.

CONTRACTOR shall perform the Services as described in Exhibit A in a manner consistent with the standards of its profession and acceptable to CITY.

2. TERM OF AGREEMENT.

This Agreement shall commence on the Effective Date and continue until completion, not exceeding 1 year from Effective Date. The CITY retains the right to terminate this Agreement, as provided in Paragraph 10, below.

3. COMPENSATION.

CONTRACTOR agrees to accept a sum not to exceed $25,000 (maximum compensation) as full as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A”.

CONTRACTOR shall be solely responsible for facilitating costs for the Services and Mural maintenance to be performed hereunder.

4. OBLIGATIONS OF CONTRACTOR.

Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business in the City of Modesto, California. CONTRACTOR warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, #4..
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facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.

5. INTEREST OF CONTRACTOR.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of CITY.

6. INDEPENDENT CONTRACTOR.

All acts of CONTRACTOR, its agents, officers, volunteers and/or employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY except for such rights or powers expressly set forth in Exhibit A attached hereto. No agent, officer, or employee of the CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, its agents, officers, volunteers and/or employees are, and at all times #4..
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during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR or CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR's personnel. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any person that an employer-employee relationship exists by reason of this Agreement.

7. ASSIGNMENT.

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

8. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier services which obtains confirmation of receipt); or (b) by facsimile, provide that such transmission is followed by delivery by #4..
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an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail, or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this section:

FOR CONTRACTOR: Name: Trinity Rivard
Address: 13511 Greentree Drive
Tampa, FL 33613
Phone: (813) 469 - 4646
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: PO Box 642
Modesto, CA. 95353
Attention: PRND Contract Administrator
Phone: (209) 577-5344
Facsimile: (209) 544-3982
Email: [email protected]

9. INSURANCE REQUIREMENTS.

The CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies of certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by certified mail, return requested, for all of the following stated insurance policies.
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(a) Workers’ Compensation – in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If commercial General Liability Insurance of other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to:
premises and operations, broad form contractual, independent contractor and subcontractors; products and completed operations as applicable. (c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000.000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage. (d) If applicable, Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation and Professional Liability. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy (ies) shall include a provision that the coverage is primary as respects the CITY: shall include no special limitations to coverage provided to additional insured: and, shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager. The CONTRACTOR must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

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

For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, #4..
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officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

This indemnity, and duty to defend, also expressly includes premises liability for any injury or death which may occur on CONTRACTOR’s License Use Agreement for any premises, regardless of cause.

10. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide Contractor with consultation with the City prior to termination. #4..
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Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subcontractors and agents are notified of such termination and act as specified in the notice of termination;
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
b. The Agreement price allocable to the portion of the Work properly performed
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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11. INDEMNITY.

CONTRACTOR, its agents, officers, volunteers and or employees shall defend, indemnify, and hold harmless CITY, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or omission of CONTRACTOR whether or not the act or omission arises from the negligence or other liability of CITY (except for the sole negligence or willful misconduct of the CITY), or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this Agreement.

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

12. WAIVER.

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

13. ENTIRE AGREEMENT.

This Agreement, including any exhibits hereto, contains the entire understanding and agreement of the parties hereto with respect to the services to be #4..
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provided to CITY by CONTRACTOR. All previous proposals, offers and the communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

14. AMENDMENT.

Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement, for CITY or CONTRACTOR to modify the scope of services or any other term provided for under this Agreement. Any amendment or change shall be discussed with CITY and the change shall be memorialized in a written amendment. This Agreement may not be modified without a duly executed, written amendment by the Parties.

15. CONSTRUCTION.

The language of each and all paragraphs, terms, and/or provisions of this Agreement shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement. #4..
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16. GOVERNING LAW.

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

17. HEADINGS NOT CONTROLLING.

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

18. COMPLIANCE WITH LAWS.

CONTRACTOR shall fully comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to, all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Refer to Exhibit B for detail pertaining to requirements for finger printing of staff and background checks.

19. CITY BUSINESS LICENSE.

CONTRACTOR will have a valid City of Modesto business license.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal
corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2025 and Trinity Rivard, has caused this Agreement to be duly executed.
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“EXHIBIT A”

SCOPE OF WORK

MURAL INSTALLATION
This Scope of Work for a mural installation (“Scope of Work”) between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Trinity Rivard, Visual Artist, hereinafter referred to as "CONTRACTOR". City and CONTRACTOR may be referred herein individually each as a “Party” or collectively as the “Parties”.

1. MURAL INSTALLATION PHASE.
a) The Mural installed at the Premises will be a close representation of the Design Comp approved by City. Some minor details in the Mural will be subject to the Artist’s discretion during installation and may not precisely mirror the approved Design Comp.
b) City authorizes the Artist, CONTRACTOR, and their personnel to access the Premises as necessary to facilitate and complete installation of the Mural. c) CONTRACTOR City will work with CONTRACTOR to ensure
CONTRACTOR has obtained all City required permits, approvals, and safety equipment necessary for installation of the Mural.
d) CONTRACTOR shall ensure that the Artist will not leave any materials that may litter the public area when Services are being performed and no equipment or waste material shall be left upon the Premises after the period of installation of the Mural.

2. OWNERSHIP OF MURALS AND PORTABLE ARTWORKS.

Title to and ownership of the Mural shall transfer to City upon completion of the Mural installation.

The Artist retains all copyright in and to all creative elements of their Design Comp and Mural and all rights to display, reproduce, adapt, distribute and offer for sale threedimensional and two-dimensional copies of their Design Comp and Mural for any purpose, subject to City’s limited rights set forth in section 6.b and 6.c below. b) Display and Reproduction License. City, and its successors, affiliates, agents and representatives (each a “Licensee” and collectively “Licensees”) are granted an #4..
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irrevocable, perpetual, exclusive other than as to the Artist, royalty-free, world-wide license to publicly display and exhibit the original Mural on this one-time only reproduction painted directly onto the Premises. Reproductions of the Mural shall be limited to City’s use of any photograph or other two-dimensional depictions, the primary purpose and effect of which is to depict the Mural itself (a “Primary Depiction”) in a reasonable and tasteful manner in promotional, publicity or informational materials about the project, City’s art collection or cultural programs, or CONTRACTOR’s role in creation of the Mural project; no other reproductions of the Mural are permitted. Other than as provided herein, Licensees shall not make use of any Primary Depiction for any other purpose. In particular, without limitation, the license does not include, and the Artist’s prior written consent shall be required in each instance with respect to, any use of Primary Depiction for merchandising, as a logo or trademark, to promote any cause or any commercial brand, product or product line, or for any political purpose. Each Primary Depiction shall faithfully depict the Mural as originally designed by the Artist, without material alterations or changes. c) Incidental Depictions. The terms of the preceding subsection (b) of this Section 6 shall not apply to any photograph or depiction of a Premises (or any portion thereof) in which the appears in a purely incidental manner, i.e., where the purpose is to depict the overall Premises or elements thereof other than the Mural itself, and the Mural is not the focus of the depiction but rather only appear because it happens to be in or adjacent to the area of interest; and Licensees shall be free to use or license others to use any such incidental photograph or depiction for any purpose, without restriction.

4. MURAL CARE & LIFESPAN.

City acknowledges that the Mural is for public benefit and enjoyment in Modesto, CA. City will assume responsibility of general maintenance, including a pressure wash every three to five years. City will assume responsibility of minor repairs as needed to be made to the Mural due to tagging vandalism. City will consult with CONTRACTOR on repairing all other damages to the Mural and retain digital copy of all paint colors. If damage occurs to the Artwork in which CONTRACTOR deems as major damage, the Parties agree that City has the authority to remove the Mural in full and City will cover all costs related to removal of the Mural. City agrees that Artist, CONTRACTOR, and their respective officers, members, agents, and employees are not responsible for replacing the Mural in full or in part.

5. MURAL WARRANTY.

CONTRACTOR will guarantee the Mural and offer a warranty for 6-months after completion of installation on any defects resulting from paint degradation. The warranty covers the cost of Mural paint, paint supplies, and labor only. The warranty excludes fading or damage to any Mural due to other elements such as prolonged direct sunlight, trapped moisture, heat, scrapes, dings, vandalism, or other natural or human elements the Mural may #4..
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be exposed to. The warranty also excludes the cost of any necessary permits or other fees that may be required in order to repair a Mural.

6. REPUTATION AND CREDIT.

City agrees to use commercially reasonable efforts to ensure that all references to and reproductions of the Mural shall credit the Artist and all formal references to the Mural or authorized to be made by City shall also include credit to CONTRACTOR with the following statement: “Title and Artist”.

7. MURAL DE-INSTALLATION.
a) Attribution. If any alteration or damage to the Mural occurs after installation, whether intentional or accidental and whether done by City or others, without the respective Artist's consent, the Artist shall have the right to disclaim authorship of their Mural in accordance with Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d) (VARA) and the California Art Preservation Act (Cal. Civil Code §§ 987 and 989) (CAPA), in addition to any remedies the Artist may have in law or equity under this Scope of Work. The Artist will enter into a written agreement with CONTRACTOR that waives any and all other potential claims by the Artist arising at any time and under any circumstances against City and CONTRACTOR, its officers, members, agents, employees, successors and assigns, arising from VARA or CAPA. In the event the Artist disclaims authorship of the Mural, upon written request by the CONTRACTOR, City shall remove any identification plaque and all attributive references to the Artist at City’s own expense within 30 days of receipt of the notice. No provision of this Scope of Work shall obligate City to alter or remove any such attributive reference printed or published prior to City’s receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Mural. b) Destruction. Notwithstanding any rights accorded under VARA, CAPA or any similar local, state, federal or international moral rights laws (collectively, “Moral Rights Laws”), City shall have the right to de-install, discard, and/or destroy the Mural and City agrees to discard the Mural in its entirety. If City decides to exercise such right, City shall endeavor to provide CONTRACTOR with 60 days written courtesy notice in order that CONTRACTOR and the Artist are made aware of the de-installation. c) Relocation. It is acknowledged that each Mural is site-specific and was created to be installed and shown only at the Premises, and that the Premises creates a context that is an integral part of the Mural.

8. NON-CIRCUMVENTION.

City understands and acknowledges that as a material term of this this Agreement that City, its members, subsidiaries and owners, shall be prohibited from entering into any agreement with the Artist or any of Artist’s representatives for any future services or project not directly connected to the Services for a period of five (5) years following the date the Services were completed. All such future projects or deals with the Artist from the date of this Scope of Work and for a period of five (5) years after the Services were completed at the Premises must go through CONTRACTOR.
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9. In the event that there is a conflict between this Agreement and Chapter 22 of Title 4 of the Modesto Municipal Code, “Public Art”, Chapter 22 shall control. #4..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 1

CITY OF MODESTO

REQUEST FOR PROPOSALS
Calling for Artists and Muralists for
Modesto’s 150th Anniversary
Mural Project
RFP Released: 07/11/2024
Deadline for Submissions: 5PM (PST) ON FRIDAY, 11/15/2024 www.cityofmerced.org
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 2

TABLE OF CONTENTS
ABOUT THE CITY OF MODESTO............................................................................................................................................. 2 ABOUT MODESTO’S CULTURE COMMISSION........................................................................................................................ 3 OVERVIEW............................................................................................................................................................................ 3

1.PROJECT OBJECTIVES......................................................................................................................................................... 3

2.SITE SPECIFICATIONS ......................................................................................................................................................... 4

3.ARTIST ELIGIBILITY............................................................................................................................................................. 5

4.EVALUATION CRITERIA...................................................................................................................................................... 5

5.SUBMISSION REQUIREMENTS ........................................................................................................................................... 6

6.INQUIRY CONTACT & SUBMISSION METHODS .................................................................................................................. 6

7.TIMELINE........................................................................................................................................................................... 7

8. ARTIST AGREEMENT 8

ABOUT THE CITY OF MODESTO
The City of Modesto (population 217,880) is the largest city in Stanislaus County. It is blessed with year-round mild weather and some of the world’s richest soil. This city of “Water, Wealth, Contentment, and Health” has a community proud of its vibrant traditions and diverse residents.

Modesto offers the variety of a metropolitan city while maintaining the small-town appeal of hospitality and affordability without the commute or congestion of other urban areas. The city’s bounty includes the best almonds, apricots, tomatoes, peaches, walnuts, and poultry products.

The quality of life in Modesto is one of its most attractive features making it an ideal community in which to raise a family. It offers a variety of exciting cultural, recreational, and educational opportunities. Many urbanites have relocated to this welcoming community for its variety of amenities, reasonable housing prices, reputable school districts, and protected open spaces.

Modesto serves as the principal entertainment center for the Central Valley with a variety of venues and cultural activities.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 3
ABOUT MODESTO’S CULTURE COMMISSION
The City of Modesto’s Culture Commission’s mission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and appealing place to visit. The Culture Commission serves in an advisory capacity to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities. Their role is to promote the preservation of historic sites, landmarks, art, and other objects associated with the history of the City and the area.

OVERVIEW
The City of Modesto is seeking proposals from qualified artists or teams of artists and muralists to create a mural on the south wall of the 10th Street Parking Garage to commemorate the City’s 150th Anniversary. The wall is approximately 44 ft by 32 ft, providing a large canvas that will be seen by anyone coming to City Hall.

The City will provide up to $25,000 to the selected applicant to complete the project. Proposals will be selected based on the design, applicant’s qualifications, cost, and how well the design fits the project objectives.

1. PROJECT OBJECTIVES
One area of focus in the City’s Strategic Plan is Quality of Life. The City desires to engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto. One of the key focus goals is to increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.
2020 marked the Sesquicentennial of Modesto. Information on Modesto can be found on the City’s main and tourism websites: www.modestogov.com and www.visitmodesto.com.

The goal for the 150th Anniversary mural is to serve as:

1. A celebration of Modesto, including its rich history, and what makes it unique.

2. Imagery that enhances the character of downtown.

3. A destination that people from within and outside the community will visit and #4..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 4
photograph.

The application submittal deadline is 5 p.m. (PST) on FRIDAY, 11/15/2024.

2. SITE SPECIFICATIONS
The South facing side of the 10th Street Parking Garage is visible in the image below. Any portion of the South side of the building is suitable for mural application (RED AREA), but visibility is best on the vertical area between The neighboring Fuzio’s building and the Elevator windows (BLUE AREA).

The dimensions of the space below are:

BLUE: 33 feet high by 14 feet long; RED: 44 feet high; by 32 feet long.

While there are some variations in the surface of the building, the exterior wall is in good condition. Additional surface repair or preparation is not expected to be necessary. #4..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 5

3. ARTIST ELIGIBILITY
This call for proposals is open to all artists and/or muralists with reviewable portfolios.

Community groups, youth and student artists who work with a professional artist on the project are eligible. Art teachers who are interested in mentoring a group of students are encouraged to apply if they have mural or public art experience or work in collaboration with a professional artist that has such experience. Youth should be between the ages of 12 and 19 with an aptitude in the arts appropriate to the project.

Members of the Culture Commission who wish to participate in this Call for Artists, or those with conflicts of interest must recuse themselves from the proposal review and selection process.

4. EVALUATION CRITERIA
In compliance with Modesto Municipal Code Section 4-22.06, the Culture Commission shall use the following when choosing an artist or designer for this project.

1. The artist’s qualifications as demonstrated by past work.

2. Appropriateness of the artist’s proposal to the project.

3. The artist’s or designer’s probability of successful completion.

4. Demonstrates artistic excellence, innovation, and originality as represented in past work and supporting materials.

5. Demonstrates capacity for creating murals with concepts that are appropriate to the project goals and site.

6. Demonstrates interest in an understanding of the project as outlined in the Project Plan.

7. Demonstrates artistic merit, including excellence in aesthetic quality, artistry, innovation, and creativity.

8. Demonstrates appropriateness in scale and form and is of materials/media suitable for the site.

9. Permanence concerning resistance to theft, graffiti, weathering, and repair costs. #4..
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 6

5. SUBMISSION REQUIREMENTS
This is an open competitive process for the 150 Anniversary Mural Project. The RFP outlines the step-by-step process and conditions that apply.

To submit credentials for consideration, please include the following materials:
1) Cover sheet with name, phone number, email address, residence address and website (if applicable).
2) 8”X10” Concept Design – an image of the proposed art piece. 3) Conceptual narrative – up to 250 words explaining the concept behind the design, how it celebrates Modesto’s 150th celebration, and why it would be ideal for downtown Modesto.
4) Resume/CV – including previous work (images required) and references for previous projects.
5) Estimated budget: including materials and cost of labor. 6) Maintenance plan – Steps to be taken to protect from graffiti, UV damage, and any other factors. Final product is expected to last at least five (5) years without any serious maintenance.

6. INQUIRY CONTACT & SUBMISSION METHODS
Direct all inquiries to Diane Sheatsley via email at [email protected] APPLICATION PACKAGES ARE DUE BY 5 PM (PST) ON FRIDAY, 11/15/2024.

CALENDAR OF EVENTS:

Event Date
RFP Issued July 11, 2024
Written Questions due via email September 15, 2024
Addendum Issued (if required) October 1, 2024
Proposal Due Date & Time PRIOR 5:00 P.N. on Friday, November 15, 2024 Contract Award Approximately March 11, 2025
Proposals are accepted via mail, hand-delivery, and email.

Proposals will not be accepted via fax.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 7
US Mail, Express Mail, or Hand Delivered To: :

City of Modesto
Attn: Diane Sheatsley Parks, Recreation & Neighborhoods 1010 Tenth Street, Suite 4400
Modesto, CA 95354
Email:
[email protected]
Subject: Request for Proposals – Call for Artists for 150th Anniversary Mural Project

7. TIMELINE*
07/11/2024 – Issuance of RFP

1. Allow 120 days for proposals to be received.

2. Proposals will be initially screened to ensure minimum requirements aremet. 11/15/2024– RFP Deadline

3. Due November 15, 2024 no later than 5:00 p.m.
12/1/2024 through 12/31/2024 – Selection Panel Rates Proposals

4. Selection Panel will review independently and score.

5. Scores compiled for Monthly Culture Commission meeting. 01/08/2025 – Culture Commission Meeting

6. Selection Panel makes recommendation to Culture Commission.

7. Culture Commission adopts recommendation and forwards to Safety & Communities Committee for consideration.
02/10/2025 – Safety & Community Committee Approval to Award Contract

8. Safety & Communities Committee review and approval to award and execute Contract and forward to Council for approval.
03/11/2025 – City Council Approval to Award Contract

9. City Council review and approval to award and execute Contract. 03/13/2025 - Issue Notice to Proceed (subject to Artist Agreement decision):

10.Agreement Letter sent to artist granting authority to perform work on Cityproperty. *Meeting dates subject to change.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 8

8. ARTIST AGREEMENT
Upon recommendation of the Culture Commission and approval by the City Council, the City Manager or designee shall coordinate agreements with selected artists. The agreement may include the scope of work, fee, schedule, and relevant terms and conditions. The scope of work will generally include the final design, engineering, fabrication, and installation of the artwork.

Selected artist shall possess a City of Modesto Business License and insurance and is subject to Modesto Municipal Code and Public Art Ordinance requirements. Artwork and imagery will become property of the City of Modesto.
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AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of 2025 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Vendor, a type of entity, hereinafter referred to as "CONTRACTOR".

This Agreement is made with regard to the following recitals:

A City desires to engage with CONTRACTOR to provide services (the “Services”) consisting of installing a professional public mural (the “Mural”) on __________________________ (the “Premises”); B CONTRACTOR represents that it is qualified, willing, and able to provide said services;
C City of Modesto Redevelopment Successor Agency is the legal owner of the Premises;
D City has the full authority to allow installation of the Mural on the Premises;
NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF SERVICES.

CONTRACTOR shall undertake and complete the work as set forth and described in the document attached hereto and referred to as Exhibit A (the “Services”).

CONTRACTOR shall perform the Services as described in Exhibit A in a manner consistent with the standards of its profession and acceptable to CITY.

2. TERM OF AGREEMENT.

This Agreement shall commence on the Effective Date and continue until completion, not exceeding 1 year from Effective Date. The CITY also retains the right to terminate this Agreement, as provided in Paragraph 10, below. #4..
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Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 10

3. COMPENSATION.

CONTRACTOR shall be solely responsible for facilitating costs for the Services and Mural maintenance to be performed hereunder.

4. OBLIGATIONS OF CONTRACTOR.

Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business in the City of Modesto, California. CONTRACTOR warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.

5. INTEREST OF CONTRACTOR.

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

6. INDEPENDENT CONTRACTOR.
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 11
All acts of CONTRACTOR, its agents, officers, volunteers and/or employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY except for such rights or powers expressly set forth in Exhibit A attached hereto. No agent, officer, or employee of the CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR andCITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture. CONTRACTOR, its agents, officers, volunteers and/or employees are, and at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR or CONTRACTOR's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR's personnel. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any person that an employer-employee relationship exists by reason of this Agreement.

7. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be #4..
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City of Modesto
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 12
subcontracted or assigned without the express prior written consent of the CITY in each and every instance.

8. NOTICES.

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

FOR CONTRACTOR: Name: XXXXXX
Address: XXXXXX

XXXXXXXXXXXXXXXXXXX
Attention: XXXXXXXXXXXXXXXXXXX
Phone: (XXX) XXX - XXXX
Facsimile: (XXX) XXX - XXXX
Email: XXXXXXXXXXXXXXXXXX
FOR CITY: Name: City of Modesto
Address: PO Box 642
Modesto, CA. 95353
Attention: PRND Contract Administrator
Phone: (209) 577-5344
Facsimile: (209) 544-3982
Email: [email protected]
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 13

9. INSURANCE REQUIREMENTS.

The CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. The policies of certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by certified mail, return requested, for all of the following stated insurance policies.
(a) Workers’ Compensation – in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If commercial General Liability Insurance of other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to:
premises and operations, broad form contractual, independent contractor and subcontractors; products and completed operations as applicable. #4..
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 14
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000.000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) If applicable, Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form a substance, or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit it the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation and Professional Liability. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy (ies) shall include a provision that the coverage is primary as respects the CITY: shall include no special limitations to coverage provided to #4..
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 15
additional insured: and, shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager. The CONTRACTOR must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

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

This indemnity, and duty to defend, also expressly includes premises liability for any injury or death which may occur on CONTRACTOR’s License Use Agreement for any premises, regardless of cause.

10. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by #4..
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 16
giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subcontractors and agents are notified of such termination and act as specified in the notice of termination;
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Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 17
satisfactory work completed in accordance with the notice of termination. The final paymentto theContractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
b. The Agreement price allocable to the portion of the Work properly performed Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. INDEMNITY.

CONTRACTOR, its agents, officers, volunteers and or employees shall defend, indemnify, and hold harmless CITY, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or #4..
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Call for Artists and Muralists for 150th Anniversary Mural Project Page | 18
omission of CONTRACTOR whether or not the act or omission arises from the negligence or other liability of CITY (except for the sole negligence or willful misconduct of the CITY), or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this Agreement.

12. WAIVER.

13. ENTIRE AGREEMENT.

This Agreement, including any exhibits hereto, contains the entire understanding and agreement of the parties hereto with respect to the services to be provided to CITY by CONTRACTOR. All previous proposals, offers and the communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

14. AMENDMENT.
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Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 19
Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement, for CITY or CONTRACTOR to modify the scope of services or any other term provided for under this Agreement. Any amendment or change shall be discussed with CITY and the change shall be memorialized in a written amendment. This Agreement may not be modified without a duly executed, written amendment by the Parties.

CONSTRUCTION.

15. GOVERNING LAW.

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

16. HEADINGS NOT CONTROLLING.

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

17. COMPLIANCE WITH LAWS.
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CONTRACTOR shall fully comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to, all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Refer to Exhibit B for detail pertaining to requirements for finger printing of staff and background checks.

18. CITY BUSINESS LICENSE.

CONTRACTOR will have a valid City of Modesto business license. #4..
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2025 and vendor, has caused this Agreement to be duly executed.
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“EXHIBIT A”

SCOPE OF WORK

MURAL INSTALLATION
This Scope of Work for a mural installation (“Scope of Work”) between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and VENDOR, entity description, hereinafter referred to as "CONTRACTOR". City and CONTRACTOR may be referred herein individually each as a “Party” or collectively as the “Parties”.

1. MURAL INSTALLATION PHASE.
a) The Mural installed at the Premises will be a close representation of the Design Comp approved by City. Some minor details in the Mural will be subject to the Artist’s discretion during installation and may not precisely mirror the approved Design Comp. b) City authorizes the Artist, CONTRACTOR, and their personnel to access the Premises as necessary to facilitate and complete installation of the Mural. c) CONTRACTOR is responsible, at their cost, for obtaining any permits required to allow installation of the Mural at the Premises prior to commencement of installation. City will work with CONTRACTOR to ensure CONTRACTOR has obtained all City required permits, approvals, and safety equipment necessary for installation of the Mural. d) CONTRACTOR shall ensure that the Artist will not leave any materials that may litter the public area when Services are being performed and no equipment or waste material shall be left upon the Premises after the period of installation of the Mural.

2. OWNERSHIP OF MURALS AND PORTABLE ARTWORKS.

Title to and ownership of the Mural shall transfer to City upon completion of the Mural installation.

3. RIGHTS OF REPRODUCTION; LICENSE.
a) Copyright and Retained Rights. Except as provided herein, the Artist retains all copyrights to their Design Comp and Mural, the right to claim authorship of their Design Comp and Mural, and every right available to the Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of their respective Design Comp or Mural except as those rights are limited by this Scope of Work. The Artist retains all copyright in and to all creative elements of their Design Comp and Mural and all rights to display, reproduce, adapt, distribute and offer for sale three-dimensional and two-dimensional copies of their Design Comp and Mural for any purpose, subject to City’s limited rights set forth in section

6.b and 6.c below.
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b) Display and Reproduction License. City, and its successors, affiliates, agents and representatives (each a “Licensee” and collectively “Licensees”) are granted an irrevocable, perpetual, exclusive other than as to the Artist, royalty-free, world-wide license to publicly display and exhibit the original Mural on this one-time only reproduction painted directly onto the Premises. Reproductions of the Mural shall be limited to City’s use of any photograph or other two-dimensional depictions, the primary purpose and effect of which is to depict the Mural itself (a “Primary Depiction”) in a reasonable and tasteful manner in promotional, publicity or informational materials about the project, City’s art collection or cultural programs, or CONTRACTOR’s role in creation of the Mural project; no other reproductions of the Mural are permitted. Other than as provided herein, Licensees shall not make use of any Primary Depiction for any other purpose. In particular, without limitation, the license does not include, and the Artist’s prior written consent shall be required in each instance with respect to, any use of Primary Depiction for merchandising, as a logo or trademark, to promote any cause or any commercial brand, product or product line, or for any political purpose. Each Primary Depiction shall faithfully depict the Mural as originally designed by the Artist, without material alterations or changes.
c) Incidental Depictions. The terms of the preceding subsection (b) of this Section 6 shall not apply to any photograph or depiction of a Premises (or any portion thereof) in which the appears in a purely incidental manner, i.e., where the purpose is to depict the overall Premises or elements thereof other than the Mural itself, and the Mural is not the focus of the depiction but rather only appear because it happens to be in or adjacent to the area of interest; and Licensees shall be free to use or license others to use any such incidental photograph or depiction for any purpose, without restriction.

4. MURAL CARE & LIFESPAN.

City acknowledges that the Mural is for public benefit and enjoyment in Modesto, CA. City agrees to notify CONTRACTOR in writing of any damages to the Mural. If minor repairs are needed to be made to the Mural due to graffiti vandalism, City will consult with CONTRACTOR on repairing damages to the Mural. If damage occurs that requires any portion of the Mural artwork to be repaired, and within reason, for a period of 3 years after installation of the Mural CONTRACTOR will repair the minor damage at no cost to City. If damage occurs to the Artwork in which CONTRACTOR deems as major damage, the Parties agree that City has the authority to remove the Mural in full and City will cover all costs related to removal of the Mural. City agrees that Artist, CONTRACTOR, and their respective officers, members, agents, and employees are not responsible for replacing the Mural in full or in part.

City agrees that no alterations will be made to the Mural including obstructions or placement of signage, whether permanent or temporary, directly attached or partially attached to any portion of the Mural that would detract from the appearance, artistic impression, or enjoyment of the Mural.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 24

5. MURAL WARRANTY.

The warranty also excludes the cost of any necessary permits or other fees that may be required in order to repair a Mural.

6. REPUTATION AND CREDIT.

The Artist may take such other action as the Artist may choose in order to disavow the Mural. b) Destruction. Notwithstanding any rights accorded under VARA, CAPA or any similar local, state, federal or international moral rights laws (collectively, “Moral Rights Laws”), City shall have the right to de-install, discard, and/or destroy the Mural and City agrees to discard the Mural in its entirety. If City decides to exercise such right, City shall endeavor to provide CONTRACTOR with 60 days written courtesy notice in order that CONTRACTOR and the Artist are made aware of the de-installation.
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City of Modesto
Request for Proposals
Call for Artists and Muralists for 150th Anniversary Mural Project Page | 25
c) Relocation. It is acknowledged that each Mural is site-specific and was created to be installed and shown only at the Premises, and that the Premises creates a context that is an integral part of the Mural.

8. NON-CIRCUMVENTION.

9. In the event that there is a conflict between this Agreement and Chapter 22 of Title 4 of the Modesto Municipal Code, “Public Art”, Chapter 22 shall control. #4..
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2ND REVISiON
Modesto’s 150th Anniversary
Mural Project Proposal
By Trinity Rivard
813-469-4646
[email protected]
13511 Greentree Drive, Tampa, FL 33613
https://www.trinityrivard.com/projects
1 #4..
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Application Contents
● Cover sheet (pg 1)
● Application Contents (pg 2)
● UPDATED Design Narrative (pg 3)
● REVISED Concept Design (pgs 4 - 8)
● Full Size Mockup (pg 9)
2 #4..
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REVISED Concept Narrative
My design captures the history of Modesto from an architectural and cultural perspective using colorful vignettes weaved together to create a visually captivating, iconic mural to celebrate the city’s 150th anniversary. The mural is inspired by the architecture and vibe of historic places such as McHenry Mansion, Graceada Park, Hawke Castle, Crow House, Walton House, Dry Creek Bridge, Southern Pacific Railroad, Historic Cruise Route, State Theater, and the Gallo Center for the Arts. The design’s overarching style draws from mid-century modern architecture combined with Modesto’s music, art, and car culture. Furthermore, the selected color palette creates an engaging and captivating representation of Modesto’s geography, climate, and diversity.

In this 2nd revision, I have used the feedback from committee/commission members to add Chief Estanislao, the Folkorico dancer, the edge of the mountain range, and make the the date of “1870” pop more against the background. Still included is the interactive digital component at the ground level as a nod to the smart city of the future.

I welcome further feedback on this revision if necessary. 3 #4..
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REVISED Concept
Design
My design captures the history
of Modesto from an
architectural and cultural
perspective using colorful
vignettes weaved together to
create a visually captivating,
iconic mural to celebrate the
city’s 150th anniversary. The
overall design evokes a sunrise
to sunset feel (i.e. the
placement of the sun at the top,
as well as the abstracted sun at
the bottom as the car wheel).

Also, the “O’s” in Modesto (the
1st “O” being a sun; the 2nd
also being a sun but also an
abstracted wheel)
4 #4..
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Concept Design Additions
5 Design has
been revised to
include:
● Chief
Estanislao
● Folkorico
dancer
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Concept Design:

Bottom Right &
Interactive Photo
Op
6 The design is ideal
for the city as its
overarching style
draws from
mid-century modern
architecture
combined with
Modesto’s music and
art culture. Selected
color palette creates
an engaging and
captivating
representation of
Modesto’s
geography, climate,
and diversity.

Passersby take an interactive
photo next to the Folkorico
dancer. This will lead the
viewer’s eye upward and
allow them to capture
“MODESTO” in the shot as
well, seeing as how the
music is flowing through her,
emitting from her
outstretched arm and
climbing up the letters.
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Concept Design: Ground Level Photo Op (approx. 14 ft wide x 10ft tall) 7 Design features a Monarch butterfly made up of WI-FI signals being emitted from a digital design.

From these signals, profiles of people are visible within the wings, creating a symbiotic relationship between humanity and technology as we move towards a smart city of the future. The woman’s head looks toward her outstretched arm which is holding the ballerina in her hand; in turn, the ballerina is reaching out to the wing of the digital butterfly, symbolizing a endless circuit of digital energy encompassing all we do. The butterfly’s head will be an abstracted Darth Vader helmet, only noticeable to true fans or those who look very closely. Passersby can take a photo between the wings. #4..
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Concept Design:

Detail
8 Vivid colors create
an eye-catching
mural which will
become an iconic
work of art
celebrating
Modesto’s 150 year
anniversary.
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9 #4..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 14, 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: First Responder Agreement 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:

Under Resolution 2005-573, the City of Modesto Fire Department (MFD) has been under contract with the Local Emergency Medical Services (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). 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.

Stanislaus County is one of the few counties in the state that has an agreement like this in place.

Neighboring local EMS Agency (LEMSA) in San Joaquin provides EMS restock supplies without reimbursement. Merced, Placer, and Yolo Counties receive no reimbursement of funds or resources through the LEMSA.

DISCUSSION:

Pursuant to California Health and Safety Code, Section 1797.200, the County of Stanislaus has designated AMR to be the local ambulance provider and to develop a written agreement with #5..
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Safety & Communities Committee, April 14, 2025
First Responder Agreement with American Medical Response West

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any qualified First Responder agencies that wish to participate in the First Responder EMS program in the County of Stanislaus.

Under this agreement, MFD is eligible to receive reimbursement for Emergency Medical Services Responses as well as being restocked on EMS supplies and medications (excluding narcotics) that are utilized in service of this contract. AMR also assumes responsibility for replenishing medical oxygen and EMS-grade gloves on all fire apparatus. Other benefits of this agreement include the waiving of fees on preceptor program for Paramedic interns and providing some EMS items at provider discounted costs.

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 proposed 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) 1 or 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 has been reimbursed for a total of 14,543 EMS-type incidents for an amount $345,196 thus far, averaging approximately $49,300 monthly. During this same time period, MFD averaged a cost of approximately $209 per ALS response based on California Office of Emergency Services (CalOES) admin rates for number of personnel, apparatus type, and time on scene. However, any reimbursements received are considered additional revenue when taking into consideration that MFD will continue to provide these services whether the agreement is in place or not. These additional 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. 1 Consumer Price Index, West Region — January 2025 : Western Information Office : U.S. Bureau of Labor Statistics #5..
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Approved by:

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

1. Agreement
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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; #5..
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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 #5..
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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 #5..
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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. #5..
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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 #5..
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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, #5..
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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 #5..
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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 #5..
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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:

April 14, 2025
Date: March 11, 2025
TO: Safety and Communities Committee
Jeremiah Williams, Chair
Chris Ricci, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Annual Military Equipment Report per CA Assembly Bill No. 481 CONTACT: Joseph Bottoms, Lieutenant, [email protected], 209.572.9500 DESCRIPTION:

Consider the Modesto Police Department’s annual Military Equipment report, an Ordinance reauthorizing the department’s Military Equipment Use Policy (Policy 710) purchasing additional equipment that qualifies as “military equipment” and forwarding to Council for approval. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s (2020-2025) Strategic Plan Initiative of improving community safety and promoting trust and transparency with the citizens of Modesto.

BACKGROUND:

On May 14, 2024, by Ordinance No. 3782-C.S., Council approved the Modesto Police Department’s (MPD) Military Equipment Use Policy (MPD Policy 710) per Assembly Bill 481 (AB481).1 Policy 710 requires the Modesto Police Department to submit an annual military equipment report to the City Council. The Modesto Police Department is submitting the annual military equipment report for review to ensure compliance with the Policy and requests City Council consideration to renew the ordinance as required by AB481.

Per AB481, Ordinance No. 3782-C.S., is subject to annual City Council review to determine the standards set forth in the ordinance have been met, based on an annual military equipment report. The City Council may renew the ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards. Finally, AB481 requires 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 #6..
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Safety and Communities Committee, April 14, 2025
Annual Military Equipment Report per CA Assembly Bill No. 481

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

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to AB481, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This meeting will be held on May 3, 2025, from 10 a.m.-12 p.m. at the Modesto Police Department located at 600 10th Street, Modesto. The meeting will also be streamed live on the Modesto Police Department’s Facebook account.

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

As such, the Modesto Police Department has authored the Attached 2025 Military Equipment Report in accordance with annual reporting requirements set forth in AB481. This report covers the usage and reporting requirements for the proceeding Calendar year (2024).

DISCUSSION:

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

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

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

FISCAL IMPACT:

As noted above, the Department has determined there is a need to purchase items in the coming year that fall under the Military Use Policy and Ordinance No. 3782-C.S. The chart below outlines the items, the categories under which they fall, and the estimated cost. If approved, items not already part of the Police Department’s Fiscal Year (FY) 24/25 and FY 25/26 operating budgets will be expended from the appropriate funding source that includes Asset Forfeiture, SLESF funds (Supplemental Law Enforcement Services Fund), and/or Police Grant Funds.
2 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&cha pter=12.8.&article=
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Annual Military Equipment Report per CA Assembly Bill No. 481

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Category Item Name Purpose Qty. Estimated
Cost
Category 1:

Unmanned
Aerial Vehicles
(UAV)
DJI Mavic 3T –
replaces current
mid-size UAVs that
are "end of life"
2 $13,600
DJI Avata 2 –is a
quick response
UAV that can get
into places
traditional UAVs
cannot
3 $4,800
UAVs are deployed when
their use would assist
officers or Incident
Commanders with the
following situations: major
collision investigations,
search for missing
persons, search and
rescue operations, crowd
control situations,
perimeter
searches/security, nature
disaster management,
crime scene
investigations/photography,
life preservation missions,
requests from partner
agencies, etc.

Robots 4-sight 2.0 Rover
Unit with lighting kit
and RC Motion 3
Controller
These robots are used to
gain visual/audio data in
dangerous incidents,
deliver communication
devices during high risk
incidents. They can be
used to open doors, disrupt
packages and safely clear
buildings.
2 $8,000
Category 2:

Armored
Vehicles
2025 LenCo
Bearcat
Armored vehicles are to be
used in response to Critical
Incidents to enhance
officer and community
safety, improve scene
containment and
stabilization and assist in
resolving critical incidents.
1 $400,000
Category 12:

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

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
48 $2,160
5230 CTS CS Gas
Canister – need to
replenish stock
For use during SWAT
missions and training.

Flashbangs are a
40 $2,400
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Annual Military Equipment Report per CA Assembly Bill No. 481

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distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
5230B CTS
Canister – needed
to replenish current
stock
For use during SWAT
missions and training.

Designed to limit the
escalation of conflict and
improve officer safety in
high-risk situations.
40 $1,600
5210 CTS White
Smoke Canister –
needed to
replenish current
stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
45 $1,800
4330 CTS 40mm
CS Liquid
Barricade Ferret
rounds
For use during SWAT
missions and training.

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
100 $2,500
Category 14:

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

Less lethal munitions
designed to limit the
escalation of conflict.
100 $2,500
CTS 12GA Super
Stock Bean Bag
2581 – needed to
replenish current
stock and
conversion of
department
shotguns into less
lethal bean bag
shotguns
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
750 $5,250
CTS #6340 OC Deliver an invisible OC 10 $450
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Annual Military Equipment Report per CA Assembly Bill No. 481

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Aerosol Canisters (Chemical Irritant) and
render temporary
respiratory effect on noncompliant subjects.

Safariland #6064
40 MM Rubber
Baton – needed to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
15 $450
CTS 40 MM Aerial
Warning Signal
Flashbang #4090 –
needed to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
20 $800
Remington 870
Less Lethal
Shotguns – used to
deploy the Less
Lethal Super-Sock
Impact rounds
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
20 $12,000
Estimated
Total
$458,310
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Modesto Police Department’s annual Military Equipment report, recommending an Ordinance re-authorizing the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval.

Approved by:

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

1. Ordinance

2. 2025 Military Equipment Use Report

3. MPD Policy 710 – Military Equipment Use

4. Attachment A – Policy 710 – Military Equipment Inventory

5. Attachment B – Equipment Requested to Purchase
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1 ORDINANCE NO. ________
ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY (POLICY 710) IN ACCORDANCE WITH CA ASSEMBLY BILL 481, AND APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT THAT QUALIFIES AS “MILITARY EQUIPMENT” IN FISCAL YEAR 2025-2026 AND RESCINDING ORDINANCE NO. 3782-C.S.

WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
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2 WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval; and
WHEREAS, the Modesto City Council approved Ordinance No. 3782-C.S. on May 14, 2024 approving the MPD Military Equipment Use Policy (MPD Policy 710); and WHEREAS, the Modesto City Council has reviewed the annual military equipment report and found that each type of military equipment identified in that report has complied with the standards for approval; and
WHEREAS, MPD staff has conducted a review of the equipment needs for the department and determined that there is a need to purchase additional items that fall under the Military Equipment Use Policy and these items, their uses and cost are outlined in Attachment B; and
WHEREAS, the Modesto Police Department has held a well-publicized community engagement meeting; and
WHEREAS, AB 481 requires an annual renewal of the MPD Military Equipment Use Policy (MPD Policy 710) by ordinance, therefore staff requests Ordinance No. 3782-C.S. be rescinded with the approval of this ordinance.

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

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

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

3. Ordinance No. 3782-C.S. is hereby rescinded.

SECTION 2. SEVERABILITY.

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

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

SECTION 4. EFFECTIVE DATE.

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

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

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of May, 2025, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
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5 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of May , 2025, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2025
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Modesto Police Department 2025 Military Equipment Use Report 1 2025 Military Equipment
Use Report
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Modesto Police Department 2025 Military Equipment Use Report 2 Contents
Preface…………………………………………………………………………………………………………. 3
Summary of AB481………………………………………………………………………………………. 4
Introduction…………………………………………………………………………………………………. 6
Definitions……………………………………………………………………………………………………. 7
Summary of Military Equipment………………………………………………………………….. 10 Unmanned Vehicles (UAVs and Robots) ……………………………………………… 10 Armored Vehicles………………………………………………………………………………… 13
Command Post Vehicles……………………………………………………………………….. 15
Firearms……………………………………………………………………………………………….. 16
Flashbangs and Chemical Agents…………………………………………………………… 20 Projectile Launch Munitions and devices………………………………………………. 23 Equipment usage in 2024………………………………………………………………………………… 26 Purchase of Equipment……………………………………………………………………………………. 29 Complaints ……………………………………………………………………………………………………… 30
Policy violations………………………………………………………………………………………………. 30 Conclusion………………………………………………………………………………………………………. 30
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Modesto Police Department 2025 Military Equipment Use Report 3 Preface
The Modesto Police Department is committed to maintaining public safety by providing the highest quality police services to the community we serve. Our Department goal is to reduce crime and the fear of crime.

The equipment listed in this annual report are essential tools that may be required from time to time to aid in deescalating intense situations or bringing volatile conditions and critical incidents to a safe resolution. The mere possession of this equipment does not warrant its use in every circumstance. With this indispensable equipment, the brave men and women of the Modesto Police Department continue to stand ready to accomplish our mission of driving the crime rate down and improving the quality of life in the City of Modesto.
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Modesto Police Department 2025 Military Equipment Use Report 4 Summary:

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

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

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

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
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Modesto Police Department 2025 Military Equipment Use Report 5 In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Modesto Police Department has authored the following 2025 Annual Military Equipment Report in accordance with annual reporting requirements set forth in AB-481. This report covers the usage and reporting requirements for the proceeding Calendar year (2024)
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Modesto Police Department 2025 Military Equipment Use Report 6 Introduction:

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

The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment policy is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize defined military equipment to be used in a manner not outlined within Department policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. This Annual Military Equipment Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, and complaints for 2024. #6..
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Modesto Police Department 2025 Military Equipment Use Report 7 Definitions:

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

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

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

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

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

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

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

6. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition.

7. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of #6..
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Modesto Police Department 2025 Military Equipment Use Report 8 standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

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

9. “Flashbang” devices and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld OC. This definition applies to all of the Department’s inventory of flashbangs, pepper ball launchers and related ammunition.

Additionally, this definition applies to all of the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit.

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

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

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

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
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Modesto Police Department 2025 Military Equipment Use Report 9 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

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

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

6. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
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Modesto Police Department 2025 Military Equipment Use Report 10 Summary of Military Equipment:

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

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

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

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,0000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,0000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time
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Modesto Police Department 2025 Military Equipment Use Report 11 4. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera, Cost:
$2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

5. DJI Mavic 3T, Cost: $5,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and thermal imaging capabilities 25-30 minutes of flight time.

6. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities. This UAV is issued to Modesto FD for search and rescue missions

7. DJI Mavic1, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicles that have video recording and 15-20 minutes of flight time

8. DJI Mavic2, Cost: $1,000 Quantity:2 Remotely operated aerial vehicle that has video recording and 20-25 minutes of flight time.
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

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

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
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Modesto Police Department 2025 Military Equipment Use Report 12 e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: All UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: Use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

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

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

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high threat incidents and is remotely operated. #6..
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Modesto Police Department 2025 Military Equipment Use Report 13 b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $4,000
f. Training: All operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: Use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

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

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.
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Modesto Police Department 2025 Military Equipment Use Report 14 2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.
b. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents c. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: All Armored vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $25,000
f. Training: All drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.
g. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law. #6..
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Modesto Police Department 2025 Military Equipment Use Report 15 Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

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

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 #6..
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Modesto Police Department 2025 Military Equipment Use Report 16 f. Training: All drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Rifles: The Modesto Police Department issues rifles to select officers for duty use. These rifles are issued as the firearm for officers selected as Urban Rifle Operators (URO) or as a member of SWAT. The M16A1 rifles are used for training purposes only. These rifles are outfitted with upper receivers that are not capable of firing live projectiles. a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:21 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live projectiles. (31) rifles were returned to the federal government as they were no longer being used for training.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
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Modesto Police Department 2025 Military Equipment Use Report 17 e. Fiscal impact: Annual maintenance costs are projected to be approximately $500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course, the POST Certified 16-hour patrol rifle course or the POST certified SWAT Basic course.
g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

It is the policy of the Modesto Police Department (MPD) to utilize training rifles only for official law enforcement purposes and in a manner pursuant to state and federal law.
a. Description, quantity, capabilities and purchase cost:

1. URO Program- Colt AR-15 (32), Colt M4 (52), Daniel Defense DD4R3 (50) rifles Cost: $157,000, Quantity:134
b. Purpose: These rifles are assigned to patrol officers and other sworn personnel as standard issued duty equipment.
c. Authorized use: Only selected officers who have attended the POST approved Patrol Rifle course will be issued a department patrol rifle. d. Expected life span: 10-15 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000
f. Training: Personnel issued and using these rifles have either attended MPD’s POST certified Patrol Rifle course, or the POST certified SWAT Basic course. h. Legal procedure rules: Use is established under Department policy 312 (Firearms).

It is the policy of the Modesto Police Department (MPD) to utilize patrol rifles only #6..
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Modesto Police Department 2025 Military Equipment Use Report 18 for official law enforcement purposes and in a manner pursuant to state and federal law.
a. Description, quantity, capabilities and purchase cost:

1. SWAT designated firearms- Colt M4 (14), HK MP5 (6), Daniel Defense DD4R3S (24) Cost: $65,000, Quantity:44
b. Purpose: These firearms are issued to and used ONLY by SWAT team members. c. Authorized use: Only SWAT officers who have attended the POST certified SWAT Basic course will be issued a department SWAT designated firearm. d. Expected life span: 10-15 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $5,000 f. Training: Personnel issued and using these firearms have attended the POST certified SWAT Basic course. The SWAT team officers also train multiple times per month.
g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

It is the policy of the Modesto Police Department (MPD) to utilize rifles only for official law enforcement purposes and in a manner pursuant to state and federal law.
a. Description, quantity, capabilities and purchase cost:

1. SWAT Sniper team rifles- BCM .223(1), DPMS 308 (2), Remington 700 308 (2) rifles Cost: $5,000, Quantity:5
b. Purpose: These rifles are issued and used ONLY by SWAT team members who have been selected to the SWAT Sniper Team.
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Modesto Police Department 2025 Military Equipment Use Report 19 c. Authorized use: only officers assigned to the SWAT Sniper team will be authorized to use these firearms.
d. Expected life span: 10-15 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $1,000 f. Training: Personnel issued and using these rifles have attended the POST certified SWAT Basic course. Sniper team members also train monthly as a unit. g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

1. SWAT Historical firearms- Uzi 9mm (5) firearms Cost: $6,000, Quantity:5 b. Purpose: These firearms are not issued or used. They are for display purposes only for historical purposes.
c. Authorized use: There is no authorized use as these are for display purposes only. d. Expected life span: 20 years
e. Fiscal impact: There are no annual maintenance costs. f. Training: These firearms are for display purposes only #6..
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Modesto Police Department 2025 Military Equipment Use Report 20 g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

It is the policy of the Modesto Police Department (MPD) to utilize all firearms only for official law enforcement purposes and in a manner pursuant to state and federal law.

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

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

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

3. Pepper ball LIVE projectile, Cost: $2 per projectile Quantity: 2000. The basic pepper ball projectile contains 2% PAVA pepper powder and are designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity: 43 These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS)5230 CS Gas Canister Cost: $50 each, Quantity: 25, Large diameter canisters that discharge a high volume of #6..
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Modesto Police Department 2025 Military Equipment Use Report 21 smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)5230B CS Gas Canister Cost: $50 each, Quantity: 30, Large diameter canisters that discharge smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

7. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 70, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

8. Defense Technology 40mm warning/signaling munition #6029WS Cost $45 each, Quantity:11. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

9. CTS 40 MM Aerial Warning Signal Flashbang #4090, Cost: $40 each Quantity: 3 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation.

10.CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity: 20 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

11.CTS #6210 Smoke Canister Cost: $35 each, Quantity:15 These smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually
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Modesto Police Department 2025 Military Equipment Use Report 22 12.CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a Temporary respiratory effect on non-complaint subjects. These are thrown manually
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $4,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by #6..
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Modesto Police Department 2025 Military Equipment Use Report 23 POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: Use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds.

The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

1. Remington 870 Less Lethal Shotgun, Cost: $600 each, Quantity: 120, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

All MPD owned Remington 870s were converted over to Less Lethal Shotguns by equipping them with High Visibility orange stocks

2. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:800. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.
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Modesto Police Department 2025 Military Equipment Use Report 24 3. Defense technology 40mm Single shot launcher Cost: $1000 each, Quantity:
2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

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

5. CTS 40MM foam baton munition #4557 Cost $35 each, Quantity 56: These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

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

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

8. Defense technology 40mm Stinger Rubber Ball Rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. (18) 60mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained #6..
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Modesto Police Department 2025 Military Equipment Use Report 25 4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: Use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.
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Modesto Police Department 2025 Military Equipment Use Report 26 Equipment Usage 2024:

This section outlines the military equipment usage for 2024. Certain items of military equipment, particularly consumables (munitions, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.

MPD had (83) Operational UAV deployments (on many of the Incidents, more than one UAV was deployed to maintain overlapping coverage)
 Search Warrant/Tactical Operation Area Surveillance- 7 Incidents  Perimeter search of wanted person where suspect was found- 20 Incidents.  Perimeter search of wanted person where suspect was not found- 17 Incidents.
 Crime scene Aerial Photographing- 4 Incidents
 Calls related to Firearm use. Perimeter check -5 Incidents.  Perimeter check on Alarm activations at large buildings/Schools-10 Incidents  Area/Roof search for Evidentiary items- 10 Incidents
 Roof search for persons-4 Incidents
 Search for missing persons- 3 incidents
 Use during community events- 1 incidents.
 Assist to Modesto Fire Dept at scenes- 2 incidents.

There were (17) deployments of the Lenco armored vehicle. (11) deployments were for SWAT tactical operations (see information on SWAT deployments on page 28).

The other (6) deployments were for a High-Risk Incident where the incident was resolved without a SWAT activation as follows:
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Modesto Police Department 2025 Military Equipment Use Report 27 1. A call for service reporting a male was holding a gun at a complex. The armored vehicle was used to check the complex and the call was unfounded.

2. Modesto Police received information that an individual was at a business with a firearm concealed. The armored vehicle was utilized during the service of a search warrant when individuals refused to exit. Subjects were taken into custody.

3. The armored vehicle was used to assist the Stanislaus Sheriff’s Office for the report of an armed individual. The armored vehicle was used to assist in their investigation.

4. The armored vehicle was used to assist the Stanislaus Sheriff’s Office for the report of an armed individual. The armored vehicle was used to assist in their investigation.

5. A call for service of an armed subject making threats to family prompted the armored vehicle to be used. Subject surrendered and was taken into custody.

6. The armored vehicle was used to assist with the report of an armed individual making threats. The subject surrendered and was detained.  There were (15) deployments of the Peacekeeper armored vehicles. The deployments were for use in the “Armadillo” Program as described above on page 14.
 There were (10) deployments of the Command Post vehicles. The deployments were for SWAT tactical operations. (Incidents #1 - #10)  There were (1) deployments of Flashbang devices by SWAT officers. The deployments were for SWAT tactical operations. (Incident #2)  There were (2) deployments of less lethal beanbag munitions. The munitions were deployed from Remington Bean Bag guns and were used as described below:
 (13) rounds used on a wanted violent suspect who was armed with a knife. The deployment caused the subject to drop the weapon and was later taken into custody after a K9
apprehension.
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Modesto Police Department 2025 Military Equipment Use Report 28  (2) round used on a suspect who was violently assaulting another person. The deployment caused the subject to surrender and be taken into custody.
 There was (1) deployment of Pepper ball munitions. The munitions were deployed from listed Pepper ball launchers and were used as described below:
 Used on a subject wanted for domestic violence court order violation who refused to come down from the roof of a
residence.

SWAT Tactical Operations- The below information is summaries of SWAT deployments where listed equipment was used:

1. Search Warrant service- Assist to ATF related to a firearm trafficking investigation

2. Search Warrant service- Search warrant service for a subject wanted for murder

3. Search Warrant service- Search warrants service for a subject wanted for assault with a deadly weapon and attempted murder

4. Search Warrant service- Search warrant service for a subject wanted for felony weapons violations

5. Search Warrant service- Search warrant service for a subject wanted for felony weapons violations

6. Search Warrant service- Search warrant service for subjects wanted in an illegal narcotics cultivations / sales investigation

7. Search Warrant service- Search warrant service for a subjects involved in an assault with a firearm

8. Search Warrant service- Search warrant service for a subject wanted for murder.

9. Search Warrant service- Search warrant service for a subjects involved in an assault with a firearm

10.Search Warrant service- Assist to ATF related to a robbery investigation #6..
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Modesto Police Department 2025 Military Equipment Use Report 29 Purchase of Equipment in 2024:
 (24) Daniel Defense DD4 R3S Rifles were purchased. These rifles are chambered in .223 and are for S.W.A.T. Operators.
 (50) Daniel Defense DD4 R3 Rifles were purchased. There rifles are chambered in .223 and are for other police personnel, to include Patrol and other Special Assignments.
 (500) Super-Sock Bean Bag Impact Rounds were purchased. These rounds are a 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second.
 (2) DJI Mavic 3T UAV’s were purchased. These are remotely operated aerial vehicles that has video recording and thermal imaging capabilities 25-30 minutes of flight time.
 (2) DJI Avata 2’s UAVs were purchased. These are remotely operated aerial vehicles that has video recording and 15-20 minutes of flight time.  Although the department’s rifles do not meet the statutory reporting requirements of AB481 due to being “standard issue”, they are now being reported in order for the department to be as transparent as possible. #6..
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Modesto Police Department 2025 Military Equipment Use Report 30 Complaints regarding use of Military Equipment:

In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of military equipment are addressed. The Modesto Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal policies for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. The following is a summary of formal investigations related to the use of military equipment as investigated by the Modesto Police Department’s Internal Affairs Unit for 2024.
 There were no complaints/investigations regarding the use of Military Equipment in 2024.

Summary and responses to Policy 710 violations:
 No violations of Policy 710- Military Equipment use, were reported or known of in 2024.

Conclusion:

This Annual Military Equipment Report reaffirms the Modesto Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution. Public safety is and always has remained a shared responsibility. The strength of our Department lies not solely within the actions of the individual officer but within the resilience and willingness of our community to work in partnership with our officers to address crime in their neighborhoods.
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2024
(Categories correspond with the categories provided in Government Code Section 7070(c) #6..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

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

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

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

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

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

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

7. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities. This UAV is issued to Modesto FD for search and rescue missions

8. DJI Mavic 3T, Cost $5,500 Quantity 4: Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities.

9. DJI Avata 1 with lighting equipment and controllers, Cost $1000, Quantity 2:

Remotely operated aerial vehicle with recording capabilities. For interior Use with 11 minute run time.

10. DJI Avata 2 with lighting equipment and controllers, Cost $1000, Quantity 2:

Remotely operated aerial vehicle with recording capabilities. For interior Use with 18 minute run time.
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b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

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

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

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots. #6..
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2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.
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Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

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

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

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

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

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

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

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

Category 6- None
Category 7-None
Category 8- None
Category 9-
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. #6..
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a. Description, quantity, capabilities and purchase cost:

1. Colt M4 Semi Auto .223: Cost $0, Quantity 52

2. Colt Ar-15 Semi Auto .223: Cost $0, Quantity 32

3. Daniel Defense Patrol Rifles (DD4-R3). Cost $157,000, Quantity 50 SWAT Weapons

4. M16A1 select fire rifles. Cost: $0, Quantity:21 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.

5. H&K MP5, 9mm Semi Auto: Cost 0$, Quantity 6

6. Uzi Submachine guns 9mm: Cost 6000$, Quantity 5

7. DPMS .308 LR Sniper Rifle: Cost $0, Quantity 2

8. Remington 700 .308 Bolt action: Cost $0, Quantity 2

9. BCM Semi Automatic Rifle .556, Cost $0, Quantity 1

10. Daniel Defense SWAT Rifles (DD4-R3S), Cost $65,000, Quantity 24. b. Purpose: These rifles are for training purposes by Patrol Officers whom are part of the Urban Rifle Team (URO) and/or SWAT team members. The M16A1 select fire rifles are used only for training.
c. Authorized use: These rifles are for training purposes by SWAT team members and/or designated personnel of the Urban Rifle team (URO). T The M16A1 select fire rifles are used only for training.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $16,500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course #6..
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g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the rifles only for official law enforcement purposes and in a manner pursuant to state and federal law.

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

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

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

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity:44. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS)5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.
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6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

7. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:15. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

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

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

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

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

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $2,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.
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Category 13- None
Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

2. Remington 870 with cup launcher attachment, Cost $0, Quantity 3:

3. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:500. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second.

These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet.

Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

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

5. LMT 40mm Single shot launcher Cost: $1000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).
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6. CTS 40MM foam baton munition # 4557 Cost $35 each, Quantity 56: These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

7. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 77, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

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

9. Defense technology 40mm Stinger Rubber Ball Rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. (18) 60mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by 1ficers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
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f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 15- None
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2024
(Categories correspond with the categories provided in Government Code Section 7070(c) #6..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.