Agenda packet — Modesto City Council, August 12, 2025 (part 3 of 5)

- Online portal from Central Square is subpar requiring City to obtain a third-party vendor in 2019;
- Does not allow for adjustment of customer due date to account for needs of elderly or low-income customers on fixed budget;
- Delinquent management system unable to process notices and disconnects by area leading to inefficiencies in Water Division workload;
- No secure online sign-up or forms/application functionality; - Premise-based operating system requiring manual updates to be performed by IT staff; - Procedural flaws in processes such as reversal of payments, application of penalties, and work order management;
- Lacks mobile field application for Water Division staff, requiring use of third-party vendor brought on by Central Square;
- Limited reporting capability, requiring City to purchase a third-party product to create any on-demand reports needed for critical functions such as rate changes; - Lacks Paperless Billing presentment requiring City to use third-party vendor or inhouse management by IT staff; The objective of the Utility Billing Division is to obtain a cloud-based Software as a System (Saas) product that allows for streamlined collection and processing of customer billing information by utilizing current technology to communicate with our customers, improving the customer service experience, and reducing the resources required by IT staff to maintain the system.

DISCUSSION:

On September 7, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Utility Billing Software. On May 15, 2020, the City of Aurora, Colorado issued competitive solicitation #R-2048 for new Utility Billing software through the Rocky Mountain EPurchasing System. On June 26, 2020, proposals were opened. Fifteen (15) proposals were received and based on the committee review process and criteria outlined in the RFP, one (1) contract was awarded for this commodity which includes the utility billing software. Based on the responsive and responsible proposer offering the proposals were evaluated for the following criteria: vendor qualifications and experience, technical solution and support, implementation approach, feature availability and functionality (including configuration options), and price.

Based on this criteria, four (4) firms were selected as final candidates: Tyler Technologies, Itineris, Infor, and SpryPoint Services. Interviews and demonstrations were conducted for each firm and the City of Aurora issued a Best and Final Offer request to each firm.

Based on Best and Final Offers, the City of Aurora selected the top-ranked firm, SpryPoint Services, Inc, based on the above criteria. The cost of the new system was $1,748,000 which includes implementation, hosted services, and first year annual subscription cost of $398,000 for SpryPoint Services, Inc. Additionally, the City of Aurora included a $250,000 contingency #10..
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amount to cover unforeseen implementation expenses due to the significant complexity of the system and $125,000 in travel expenses for the vendor. On February 22, 2021, the City of Aurora entered into a ten-year agreement with SpryPoint Services, Inc. to be effective March 10, 2021.

SpryPoint Services has extensive prior experience with Central Square Naviline transitions, including now with the City of Aurora, which will provide a smoother transition for the City as we will be able to utilize that knowledge. There are several similarities between the City of Modesto system setup and the City of Aurora including Central Square Naviline, Selectron IVR, Badger Beacon, and ESRI ArcGIS. In addition, the City of Aurora utilizes the same consulting firm as the City, Shibumi Consulting, that will also play an integral role in a transition process.

SpryPoint Services meet the following requirements of a new system for Utility Billing:

One-stop shop dashboard approach with integrated online customer portal and mobile field application for Water Division;
Smooth integration with Oracle GL and Selectron IVR phone system; Embedded Customer Relationship Management (CRM) system with real-time communication with customers via text, email, or phone call; Real-time alerts for customers regarding high water usage, leaks, and notifications regarding billing;
Integrated secure online sign-up for utility services, Utility Billing Assistance applications, and other secure online forms;
Cost-effective and forward-thinking technology with integrative approach and enhancements rolled out to all clients in real-time;
Ability to adjust due dates to meet needs of customer;
Delinquency management allowing for cycle/route-based notices and disconnections for non-payment increasing efficiency for Water Division; Integration through Application Programming Interface (API) for other systems so all centrally connected through SpryPoint including Water Division asset management system, field work orders, and backflow operations; Integrated Paperless Billing presentment decreasing load on City servers; Web-based platform decreasing security risks to City;
Upgrades managed and performed by vendor reducing use of City IT resources; Estimated cost savings of $350,000 by utilizing SpryPoint Point of Sale (POS) citywide instead of purchasing new stand-alone for current end of life system; #10..
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City staff recommends to award to SpryPoint Services, Inc. Charlottetown, PE Canada to purchase utility billing software with (1) one-year renewal options, for an estimated annual amount of $423,960 and a total amount not to exceed $2,391,960 over two years.

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

By utilizing the City of Aurora competitive solicitation, the City is complying with the requirements defined under this code for utility billing software.

FISCAL IMPACT:

The last five (5) years of annual service costs for the Utility Billing System (CentralSquare), Cashiering System (Quadrant Systems Inc - RAS), third-party vendors, and after-hours IT resources to manage these systems is shown on Table #1.

Table #1
Fiscal Year
18/19
Fiscal Year
19/20
Fiscal Year
20/21
Fiscal Year
21/22
Fiscal Year
22/23
Total
$164,199 $168,343 $178,870 $194,001 $198,345 $903,758
The City’s Cashiering and Accounts Receivable systems are over twenty years old and also in need of replacement. As part of this project, this software solution will include the replacement of our point of sale (POS) cashiering system and miscellaneous accounts receivable system at no additional cost. The estimated cost to replace the POS system on its own is $350,000. This will be recognized as a one-time cost savings to the City. See Table #2 for annual saving.

Table #2
Description Year 1 Savings Year 2 Savings
Cashiering POS purchase $350,000 - Utility Billing & AR Annual Maintenance $104,509 $109,734 POS Annual Maintenance $3,920 $4,116
Third-Party Apps & Support $69,916 $76,754
Total $528,345 $190,604
The annual estimated cost for software services is $423,960, for a two-year cost of $2,391,960 which includes an increase of 4% or CPI, whichever is greater, for annual maintenance and subscription costs, and contingency costs of $300,000. The estimated cost is shown on Table #3.
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Table #3
Expense Description Year 1 Year 2 Total Costs
One-Time Implementation $1,264,800 $ - $1,264,800
Annual Subscription $403,200 $423,960 $827,160
Contingency $300,000 $ - $300,000
Total Cost $1,968,000 $423,960 $2,391,960
Cost Savings $528,345 $190,604 $718,949
Net Cost $1,439,655 $233,356 $1,673,011
The Utility Billing Division bills for $172,188,157 in revenues annually with an uncollectible rate of less than 1%. The cost of software replacement is less than 1.5% of annual billed revenues.

This item is funded by Water, Sewer, Storm Drain, and Garbage funds. The funded amounts for the implementation (year 1) and the annual maintenance (year two) are shown on Table #4.

Table #4
Fund Accounting String Total
Water Fund 4100-41420-53300 $1,148,141
Sewer Fund 4210-41320-53300 $837,186
Storm Drain Fund 4480-41220-53300 $71,759
Garbage Fund 0100-12420-53300 $334,874
Total $2,391,960
Funding for the expenses is currently budgeted in Project 101396 and a budget adjustment is not needed for the expenditure budget on the project. A budget adjustment will be completed to establish the transfers from the various funds in the table above to Project 101396. The actual transfer amount will be based on the actual expenditures in the fiscal year. The transfers will come from a reduction in the funds of the Non-Capital Improvement budget.

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee on October 23, 2023, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with SpryPoint Services, Inc., Charlottetown, P.E., by utilizing the Competitive Bid Process with the City of Aurora, for Utility Billing, Receivables and Cashiering Software for a one (1) year Agreement, with (1) one-year Renewal Option for an estimated annual amount of $423,960, and a total amount not to exceed $2,391,960 over two (2) years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. City of Aurora Cooperative Agreement

3. Master Subscription Agreement

4. Exhibit A – Statement of Work

5. Exhibit B – Pricing Schedule

6. Exhibit C – Service Level Agreement

7. Exhibit D – Insurance Coverage

8. Exhibit E – Security Overview

9. Exhibit F – Data Processing

10. RFP 2048 Scoring
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11/14/2023/Finance/JMartin/Item 17 1 2023-507

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-507

RESOLUTION APPROVING AN AGREEMENT WITH SPRYPOINT
SERVICES, INC., CHARLOTTETOWN, P.E., BY UTILIZING THE

COMPETITIVE BID PROCESS WITH THE CITY OF AURORA, FOR UTILITY BILLING, RECEIVABLES AND CASHIERING SOFTWARE FOR A ONE (1) YEAR AGREEMENT, WITH (1) ONE-YEAR RENEWAL OPTION FOR AN ESTIMATED ANNUAL AMOUNT OF $423,960, AND A TOTAL AMOUNT NOT TO EXCEED $2,391,960 OVER TWO (2) YEARS, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City of Modesto bills for water, sewer, storm drain, and garbage services for over 76,000 utility accounts monthly with over 900,000 bills going out annually, and
WHEREAS, the Utility Billing Division has used a premise-based software program since 1997 that was developed by Central Square Technologies, and the current system has reached its end of life with outdated technology, and WHEREAS, on May 15, 2020, the City of Aurora, Colorado issued competitive solicitation #R-2048 for new Utility Billing software through the Rocky Mountain EPurchasing System, and WHEREAS, based vendor qualifications such as experience, technical solution, support, implementation approach, feature availability and functionality (including configuration options), and price, four (4) firms were selected as final candidates: Tyler Technologies, Itineris, Infor, and SpryPoint Services, and WHEREAS, interviews and demonstrations were conducted for each firm and the City of Aurora issued a Best and Final Offer request to each firm; based on Best and Final Offers, the City of Aurora selected the top-ranked firm, SpryPoint Services, Inc, based on the above criteria, and
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WHEREAS, there are several similarities between the City of Modesto system setup and the City of Aurora including Central Square Naviline, Selectron IVR, Badger Beacon, and ESRI ArcGIS; in addition, the City of Aurora utilizes the same consulting firm as the City, Shibumi Consulting, that will also play an integral role in a transition process, and WHEREAS, SpryPoint Services meet the requirements of a new system for Utility Billing with integrated online customer portal and mobile field application for Water Division; smooth integration with Oracle GL and Selectron IVR phone system; embedded Customer Relationship Management (CRM) system as a cloud-based platform decreasing security risks to City; and
WHEREAS, there are estimated cost savings of $350,000 by utilizing SpryPoint Point of Sale (POS) citywide instead of purchasing new stand-alone for current end of life system, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid; however, exceptions to the formal bidding process are granted in MMC 8- the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the ion, MMC 8-3.202(h)
encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served and by utilizing the City of Aurora competitive solicitation, the City is complying with the requirements defined under this code for utility billing software, and

WHEREAS,
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years old and also in need of replacement and
WHEREAS, this project will include the replacement of our point of sale (POS) cashiering system and miscellaneous accounts receivable system at no additional cost as part of the SpryPoint software, and
WHEREAS, the annual estimated cost for software services is $423,960, for a twoyear cost of $2,391,960 which includes an increase of 4% or CPI, whichever is greater, for annual maintenance and subscription costs, and contingency costs of $300,000, and WHEREAS, the Utility Billing Division bills for $172,188,157 in revenues annually with an uncollectible rate of less than 1% putting the cost of software replacement at less than

1.5% of annual billed revenues, and
WHEREAS, funding for the expenses is currently budgeted in Project 101396 and a budget adjustment is not needed for the expenditure budget on the project, and WHEREAS, a budget adjustment will be completed to establish the transfers from the various funds in the table above to Project 101396 with the actual transfer amount based on the actual expenditures in the fiscal year with the transfers coming from a reduction in the funds of the Non-Capital Improvement budget.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with SpryPoint Services, Inc., Charlottetown, P.E., by utilizing the Competitive Bid Process with the City of Aurora, for Utility Billing, Receivables and Cashiering Software for a one (1) year Agreement, with (1) one-year Renewal Option for an estimated annual amount of $423,960, and a total amount not to exceed $2,391,960 over two (2) years.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby #10..
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:

Supplier Contact: Supplier Phone No:

Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.

Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):

Reason for Bid Waiver - Check Box:

Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER

ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.

Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.

Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).

Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:

Project Description:

The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #10..
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Other (requires detailed comments)

NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: May 12, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Co-Sponsorships for Designated City Partners’ Events and Programs CONTACT: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2025-2026 Strategic Plan to promote trust and engagement through collaborating with community and civic organizations.

BACKGROUND:

Under former Administrative Directive 3.6 – Community & Special Event Sponsorships (AD 3.6), the City has sponsored many community and special events which provide quality of life and economic benefits to Modesto. Events like the Graffiti Parade & Cruise, MoBand’s Summer Concert Series, DOMO First Fridays, and others draw the community together and celebrate Modesto. Furthermore, program support for other organizations such as Modesto Sister Cities International, Love Modesto, Modesto Peace/Life Center, and Stanislaus Partners in Education also serves Modesto and benefits the community at large. Over the past seven years, the City has generously provided over $1 million in in-kind support and $150,000 in financial support.

Request for funding increased significantly starting in FY 23/24 (+15,500) and again in FY 24/25 (+$38,500). In Fiscal Year 24/25 alone, nearly $300,000 ($239,068 in-kind and $59,150 in direct contributions) has been awarded.

DISCUSSION:

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support to its partners and offer competitive grants to other organizations seeking City assistance. With these new directives in place, AD 3.6 is set to end on June 30, 2025.

The City affirms its long-standing partnership with many organizations to bring quality events and programs to the region and seeks to memorialize the City’s continued pledge of in-kind and monetary support. The City’s new Administrative Directive 3.7 – Co-Sponsorship for Designated City Partners’ Events and Programs serves as a guide for the provision of in-kind and monetary contributions for its long-standing partners. These events and programs have a broad appeal with a proven history of providing a cultural, social, educational, economical or recreational benefit to the community. To succeed, they will continue to require a strong working relationship and involvement with the City to successfully plan, support, and execute these events and programs.

In short, all named partners will continue to receive City support and co-sponsorship of its events and programs as approved by Council prior to the start of each fiscal year. As such, each partner will still be responsible to complete all applications and permits, comply with applicable City, County, and directive, reporting requirements, and promote the City of Modesto as a co-sponsor on all promotional materials and media communication. The City proudly supports the following partners, events and programs on an annual basis. Additional partners, events, and programs may be added pending recommendation by City Staff with City Council approval.

PARTNERS, EVENTS and PROGRAMS

1. Annual Cinco de Mayo Parade, South Modesto Businesses United The parade runs along Crows Landing Road and features dancers, equestrians, musicians, and unique vehicles. The parade honors the day in 1862 when Mexico defeated the French in the Battle of Puebla.
 In-Kind  Financial

2. Annual 4th of July Parade, Modesto Kiwanis Club
Since 1874 the City of Modesto has celebrated the 4th of July with a parade through downtown.
 In-Kind  Financial

3. Annual American Graffiti Parade & Cruise, North Modesto Kiwanis Club As part of “Graffiti Week”, this parade/cruise hosts 1,000 classic vehicles which proceed through downtown before heading north on McHenry Avenue.  In-Kind  Financial

4. Annual Veterans Day Parade, Veterans Chamber of Commerce NorCal The downtown parade cumulates with a ceremony at Graceada Park honoring all who have served in the Armed Forces.
 In-Kind  Financial

5. Concerts in the Park Series, MoBand
The Modesto Band of Stanislaus County (MoBand) is one of the oldest, continuously performing bands in the United States. MoBand performs six concerts each summer at Graceada Park and draws thousands each week.
 In-Kind  Financial
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6. Music in the Plaza, ModestoView
A series of concerts featuring live downtown musical entertainment every Friday evening from May to October at Tenth Street Plaza.
 In-Kind  Financial

7. First Fridays, Downtown Modesto Partnership (DOMO)
A multi-block street fair filled with handmade goods, vendors, food, and craft brews and anchored by distinguished downtown restaurants and lounges.  In-Kind  Financial

8. Legends of the CruisePark & Shine, Mid-Valley Chevy Club, Graffiti USA Classic Car Museum, and ModestoView
Multi-evening event with more than 300 classic cars line the streets of downtown Modesto along 10th, 11th and 12th streets, between J and K streets. This event features inductees into the Graffiti Legends of the Cruise and live entertainment.  In-Kind  Financial

9. Rec Fest, Tuolumne River Trust
Rec Fest is an annual celebration of outdoor recreation held at the Tuolumne River Regional Park. Rec Fest provides opportunities to explore the river parkway and features hiking, walking, bike rides, kayaking, canoeing, fishing, kite flying, disc golfing, and aquatic wildlife exploration.
 In-Kind  Financial

10. Rockin’ Holidays, ModestoView
After the City’s Celebration of Lights Parade, come to Tenth Street Plaza to experience the lighting of the Holiday tree and celebrate the Rockin’ Holidays featuring live music, free pictures with Santa, and snow. Friday and Saturday Nights in December.  In-Kind  Financial

11. May the Fourth Be With You, ModestoView
May the 4th festivities at Tenth Street Plaza features costumes, exhibits, live entertainment and a block-long lightsaber battle.
 In-Kind  Financial

12. Love Modesto, Love Stanislaus County
Two community-wide volunteer days where people engage in a variety of projects, including appreciating public servants, visiting convalescent homes, donating blood, community improvement projects, and working in city parks and schools.  In-Kind  Financial

13. Peace Officers Memorial Run, Peace Officer Memorial Group of Stanislaus County To educate the public about officers who die in the line of duty, to support and assist the families of fallen officers, and to raise public awareness of Stanislaus County, State, and National memorials for fallen officers.
 In-Kind  Financial
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14. Annual Modesto Memorial Classic Run, ShadowChase Running Club Benefiting and honoring our American heroes, this annual run features a 1-mile and 5k run offering something for everyone of all ages and ability levels. Proceeds benefit the City’s Leisure Bucks Program which subsidizes recreational program fees.  In-Kind  Financial

15. 10K with a Cop, Northern California Chapter
5K, 10K, or 2 Mile Community Fun Run/Walk filled with energy, community spirit and a shared goal to cross the finish line. This organization empowers at-risk youth to set goals, focus on health and wellness and forge positive relationships with local law enforcement.
 In-Kind  Financial

16. Modesto Peace/Life Center
Peace/Life is dedicated to education regarding issues of peace, justice, and nonviolence.  In-Kind  Financial

17. Stanislaus Partners in Education
Stanislaus Partners in Education develops education and industry relationships that provide a diverse range of career-connected learning activities for both educators and students.
 In-Kind  Financial

18. Breakfast with Santa, North Modesto Kiwanis Club & City of Modesto Annual holiday breakfast fundraiser benefiting the City’s Leisure Buck subsidy program to offer financial relief to qualifying families for recreational programing and activities.  In-Kind  Financial

19. Modesto Sister Cities International
Modesto has 5 sister cities which offer a variety of programs including medical relief, business and governmental exchanges, and cultural and student exchanges.  In-Kind  Financial

20. Dia de Los Muertos, Veterans Commerce Advocacy
Experience the traditional Mexican holiday and explore exhibits, visual arts, crafts, delicious foods, and much more. Activities include artist workshops and a parade procession.
 In-Kind  Financial
The fiscal impact of the City Co-Sponsorships for Fiscal Year 2025-2026 is valued at $312,671 with $251,021 attributed to in-kind support and $61,650 in direct contributions. Events and Programs with more than $5,000 in in-Kind, monetary, or both require City Council approval. To simplify, Council will be requested to approve all contributions listed in Table 1 which shows the City’s Co-Sponsorship projections for each partner event or program. #11..
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Table 1
25/26 City Partner's Co-Sponsorship Projections:

Event City Partner In-Kind Financial Total
1 10KwithaCop 10KwithaCop- NorthernCaliforniaChapter $1,575 $20,000 $21,575 2 4thof July ModestoKiwanisClub $32,072 $32,072
3 Breakfast withSanta NorthModestoKiwanisClub&Cityof Modesto $3,500 $3,500 4 CincoDeMayoParade SouthModestoBusinessesUnited $30,030 $30,030 5 ConcertsinthePark ModestoBandofStanislausCounty(MoBand) $15,330 $15,330 6 DiadeLosMuertos VeteransinCommunityAdvocacy $4,898 $2,500 $7,398 7 First Fridays DowntownModestoPartnership $6,000 $6,000 8 Graffiti Parade NorthModestoKiwanisClub $95,403 $95,403 9 LoveModesto LoveModestoofStanislausCounty $1,050 $6,000 $7,050 10 Legendsof theCruise/Park&Shine Mid-ValleyChevyClub, Graffiti USAMuseum,&ModestoView $2,667 $2,667 11 MLKPeaceLife ModestoPeace/LifeCenter $3,500 $3,500
12 ModestoSister Cities ModestoSister CitiesInternational $15,750 $15,000 $30,750 13 Music inthePlaza ModestoView $4,300 $4,300
14 PeaceOfficersMemorial Run PeaceOfficer Memorial GroupofStanislausCounty $6,290 $6,290 15 Rec Fest TuolumneRiver Trust $1,701 $1,701
16 Rockin' Holidays ModestoView $11,288 $11,288
17 ModestoMemorial Classic ShadowChaseRunningClub $378 $378 18 StanislausPartnersinEducation StanislausPartnersinEducation $2,650 $2,650 19 Star War Days ModestoView $357 $357
20 Veterans' DayParade VeteransChamber of Commerce- NorCal $27,933 $2,500 $30,433 TOTAL $251,022 $61,650 $312,672
ADDITIONAL REQUESTS:

At the April Finance Committee Workshops, two additional requests for City support were recommended.
1) Modesto Garden Club - $25,000 one-time contribution to assist with daily operation costs. The Modesto Garden Club’s work includes several civic projects on City property including maintaining the Downtown Flower Clock, George Lucas Plaza, Downtown Flower Pots, Memorial Rose Garden, and the Senior Citizens Center flower beds. They have also requested $10,000 per year for the next five fiscal years, however, these contributions will need to be formally requested each year for Finance Committee and City Council consideration.
2) Gallo Center for the Arts - $25,000 one-time contribution for its Annual Family Fun Festival. This free event, going on its third year, explores simpler, safer experiences for kids and families and celebrates the arts with music, dancing, games, and handson learning. The City has previously supported this event through American Rescue Plan Act (ARPA) funds.

FISCAL IMPACT:

Monetary and in-kind support for the events and programs for City Partner Co-Sponsorships and additional requests are included in the various department General Fund operating budgets for Fiscal Year 2025-2026.

Department In-Kind Monetary
Police $169,705 $26,150
Fire $ 273 $ 0
Parks, Recreation & Neighborhoods $ 34,919 $77,000*
Public Works $ 29,253 $ 0
City Manager/JPA $ 16,872 $ 8,500
Total $251,022 $111,650
*Includes contributions for the Gallo Center for the Arts and the Modesto Garden Club #11..
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COMMITTEE RECOMMENDATION:

This item was previously heard by the Finance Committee at the Fiscal Year 2025-2026 Budget Workshops held on April 16, 2025.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026.

Approved by:

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

1. Resolution – City Co-Sponsorships

2. Administrative Directive No. 3.7
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08/12/2025/PRN/JRogers/Item 11 1 2025-296

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-296

RESOLUTION APPROVING CO-SPONSORSHIP FOR DESIGNATED CITY PARNTERS’ EVENTS AND PROGRAMS WITH DIRECT CONTRIBUTIONS OF $61,650 AND IN-KIND SUPPORT WITH AN ESTIMATED VALUE OF $251,022 FOR FISCAL YEAR 2025-2026
WHEREAS, the City affirms its long-standing partnership with many local organizations to bring quality events and programs to the region; and WHEREAS, such events and programs have a broad appeal and proven history of providing cultural, social, educational, economical, and recreational benefits to the community at large; and
WHEREAS, the City collaborates in the planning and execution of these events and programs and provides in-kind and direct contributions; and WHEREAS, Administrative Directive 3.7 – Co-Sponsorship for Designated City Partners’ Events and Programs serves as a guide for the provision of such support on an annual basis; and
WHEREAS, the City is proud to co-sponsor the following partners, events and programs through the provision of in-kind and direct contribution support as identified in Exhibit “A” and attached herein:

1. Annual Cinco de Mayo Parade, South Modesto Businesses United

2. Annual 4th of July Parade, Modesto Kiwanis Club

3. Annual American Graffiti Parade & Cruise, North Modesto Kiwanis Club

4. Annual Veterans Day Parade, Veterans Chamber of Commerce NorCal

5. Concerts in the Park Series, Modesto Band of Stanislaus County

6. Music in the Plaza, ModestoView
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7. First Fridays, Downtown Modesto Partnership

8. Legends of the Cruise / Park & Shine, Mid-Valley Chevy Club, Graffiti USA Classic Car Museum, and ModestoView

9. Rec Fest, Tuolumne River Trust

10. May the Fourth Be With You, Modesto View

11. Rockin Holidays, Modesto View

12. Love Modesto, Love Stanislaus County

13. Peace Officers Memorial Run, Peace Officer Memorial Group of Stanislaus County

14. Annual Modesto Memorial Classic Run, ShadowChase Running Club

15. 10K with a Cop, Northern California Chapter

16. Modesto Peace/Life Center

17. Stanislaus Partners in Education

18. Breakfast with Santa, North Modesto Kiwanis Club & City of Modesto

19. Modesto Sister Cities International

20. Dia de Los Muertos, Veterans Commerce Advocacy
WHEREAS, AD X.X requires all co-sponsorship requests for in-kind support and direct contributions be approved by Council; and
WHEREAS, City Co-Sponsorships for these partners, events and program in Fiscal 2025-2026 are valued at $312,671 with $251,021 attributed to in-kind support, and $61,650 in direct contributions as listed in Exhibit A; and #11..
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WHEREAS, a review of the AD 3.7and recommended co-sponsorships were presented to the Finance Committee at the Fiscal Year 2025-2026 Budget Workshop held on April 16, 2025, and
WHEREAS, General Fund funding for City co-sponsorships is budgeted in various Fiscal Year 2025-2026 department operating budgets.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the co-sponsorships for Fiscal Year 2025-2026 as designated in Exhibit “A” for the following events, partners, and programs:

1. Annual Cinco de Mayo Parade, South Modesto Businesses United

2. Annual 4th of July Parade, Modesto Kiwanis Club

3. Annual American Graffiti Parade & Cruise, North Modesto Kiwanis Club

4. Annual Veterans Day Parade, Veterans Chamber of Commerce NorCal

5. Concerts in the Park Series, Modesto Band of Stanislaus County

6. Music in the Plaza, ModestoView

7. First Fridays, Downtown Modesto Partnership

8. Legends of the Cruise / Park & Shine, Mid-Valley Chevy Club, Graffiti USA Classic Car Museum, and ModestoView

9. Rec Fest, Tuolumne River Trust

10. May the Fourth Be With You, Modesto View

11. Rockin Holidays, Modesto View

12. Love Modesto, Love Stanislaus County

13. Peace Officers Memorial Run, Peace Officer Memorial Group of Stanislaus County
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14. Annual Modesto Memorial Classic Run, ShadowChase Running Club

15. 10K with a Cop, Northern California Chapter

16. Modesto Peace/Life Center

17. Stanislaus Partners in Education

18. Breakfast with Santa, North Modesto Kiwanis Club & City of Modesto

19. Modesto Sister Cities International
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of August, 2025, by Councilmember Williams, who moved its adoption, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: Wright
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Exhibit “A”
Administrative Directive 3. – Co-Sponsorship for Designated City Partners’ Events and Programs Fiscal Year 2025-2026
25/26 City Partner's Co-Sponsorship Projections:

Event City Partner In-Kind Financial Total
1 10K with a Cop 10K with a Cop - Northern
California Chapter $1,575 $20,000 $21,575
2 4th of July North Modesto Kiwanis Club $32,072 $32,072 3 Breakfast with Santa North Modesto Kiwanis Club &
City of Modesto $3,500 $3,500
4 Cinco De Mayo Parade South Modesto Businesses United $30,030 $30,030 5 Concerts in the Park Modesto Band of Stanislaus County (MoBand) $15,330 $15,330
6 Dia de Los Muertos Veterans in Community Advocacy $4,898 $2,500 $7,398 7 First Fridays Downtown Modesto Partnership $6,000 $6,000 8 Graffiti Parade North Modesto Kiwanis Club $95,403 $95,403 9 Love Modesto Love Modesto of Stanislaus County $1,050 $6,000 $7,050 10 Legends of the Cruise/Park &
Shine
Mid-Valley Chevy Club, Graffiti
USA Museum, & ModestoView $2,667 $2,667
11 MLK Peace Life Modesto Peace/Life Center $3,500 $3,500 12 Modesto Sister Cities Modesto Sister Cities International $15,750 $15,000 $30,750 13 Music in the Plaza ModestoView $4,300 $4,300
14 Peace Officers Memorial Run Peace Officer Memorial Group of Stanislaus County $6,290 $6,290
15 Rec Fest Tuolumne River Trust $1,701 $1,701
16 Rockin' Holidays ModestoView $11,288 $11,288
17 Modesto Memorial Classic ShadowChase Running Club $378 $378 18 Stanislaus Partners in Education Stanislaus Partners in Education $2,650 $2,650 19 Star War Days ModestoView $357 $357
20 Veterans' Day Parade Veterans Chamber of Commerce -
NorCal $27,933 $2,500 $30,433
TOTAL $251,022 $61,650 $312,672
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Revised:

POLICY:

It is the policy of the City of Modesto to support its long-standing designated partners through the provision of planning services, in-kind support, and funding for annual events and programming which benefits the community at large.

PURPOSE:

The City has a long history of working closely with several organizations to bring annual events and programs to the region. These events and programs have broad appeal and provide a cultural, social, educational, economical or recreational benefit to the community.

SCOPE:

To succeed, the City requires a strong working relationship with each of its “partners” to successfully plan, support, and execute these events and programs. The City proudly supports the following partners, events and programs on an annual basis. Additional partners, events, and programs may be added pending recommendation by City Staff with City Council approval.

2. Annual 4th of July Parade, Modesto Kiwanis Club
Since 1874 the City of Modesto has celebrated the 4th of July with a parade through downtown.
 In-Kind  Financial

4. Annual Veterans Day Parade, Veterans Chamber of Commerce NorCal The downtown parade cumulates with a ceremony at Graceada Park honoring all who have served in the Armed Forces.

CITY OF MODESTO

ADMINISTRATIVE

DIRECTIVE
Original Effective Date: 7/1/2025
Latest Revision Date:

Policy Number: 3.7
Approved By:
______________________
City Manager
Subject: CO-SPONSORSHIP FOR DESIGNATED CITY PARTNERS’ EVENTS AND

PROGRAMS
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 In-Kind  Financial

6. Music in the Plaza, ModestoView
A series of concerts featuring live downtown musical entertainment every Friday evening from May to October at Tenth Street Plaza.
 In-Kind  Financial

7. First Fridays, Downtown Modesto Partnership (DOMO)
A multi-block street fair filled with handmade goods vendors, food, and craft brew and anchored by distinguished downtown restaurants and lounges.  In-Kind  Financial

8. Legends of the Cruise Park & Shine, Mid-Valley Chevy Club, Graffiti USA Classic Car Museum, and ModestoView
More than 300 classic cars line the streets of downtown Modesto along 10th, 11th and 12th streets, between J and K streets. This event features inductees into the Graffiti Legends of the Cruise and live entertainment.
 In-Kind  Financial

11. May the Fourth Be With You, ModestoView
May the 4th festivities at Tenth Street Plaza features costumes, exhibits, live entertainment and a block-long lightsaber battle.
 In-Kind  Financial

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16. Modesto Peace/Life Center
Peace/Life is dedicated to education regarding issues of peace, justice, and nonviolence.  In-Kind  Financial

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PARTNER REQUIREMENTS:

1. Applications & Permits: City co-sponsorship does not negate the partner’s responsibility to comply with all application, permit, inspection, and insurance requirements.

2. Promotions: The City of Modesto shall be promoted as a co-sponsor on all promotional materials and media communications. All use of the City of Modesto logo shall be approved in advance by the Public Relations and Legislative Affairs Manager. Furthermore, the City of Modesto’s participation and attendance at all cosponsored events is strongly encouraged.

3. Reporting: Upon completion of each event, the organizer shall remit the Community/ Special Event and Program Final Report to the City for review and reference for future events.

4. Compliance: Compliant with all City, County, and State requirements. Current on all City of Modesto accounts.

FISCAL RESPONSIBILITY
Those events exceeding $5,000 in in-kind, monetary, or a combination of both types of support will require City Council approval during the annual budget review and approval process.  Financial support for events shall be disbursed no less than sixty (60) days from the date of the event.
 Financial support for programs shall be disbursed no more than sixty (60) days into the start of the new fiscal year.

Attachments:

1. City Council Resolution (to be updated annually pending adoption)

2. City Co-Sponsorship Final Report
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 12, 2025
Date: May 12, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Community/Special Event and Program Grant Awards for FY 2025-2026 CONTACT: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2026-2027 Strategic Plan to promote trust and engagement through collaborating with community and civic organizations.

BACKGROUND:

Community and special events provide quality of life and economic benefits to Modesto. Each year the City receives more requests for City support of community and special events. In January 2022, in recognition that City resources may be limited and to ensure support is allocated in a fair and fiscally responsible manner, the City implemented Administrative Directive Policy Number 3.6 for Community & Special Event Sponsorships (AD 3.6) for the application of new and one-time City sponsorships and provisions for long-standing events or programs.

Since the onset of AD 3.6, the City received 37 requests for City Sponsorship and awarded $53,207 in in-kind support and $57,450 in monetary contributions. Over time, the City continued to review AD 3.6 and make updates to better define the policy, process, and award of City Sponsorships. Under AD 3.6, applications were accepted no less than 120 days prior to the event to allow for departmental vetting, meetings with applicants, and approvals by the Finance or Safety & Communities Committees and City Council for high-dollar requests. The process worked but found to be challenging for the applicant and City end-users. Furthermore, the process relied heavily on applicant input, key staff feedback, and lacked adequate follow-up and reporting.
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DISCUSSION:

From time to time the City has reviewed AD 3.6 and made updates to better define the policy, process, and the award of City sponsorships. In early 2025, staff was asked to restructure the City’s sponsorship policy and on April 16, 2025 at the Finance Committee Budget Workshops, proposed replacing AD 3.6 with two new Administrative Directives: AD 3.7 – Co-Sponsorship for Designated City Partners’ Events and Programs and AD 3.8 – Community/Special Event and Program Grants. These new Administrative Directives will administer the provision of in-kind and monetary support to the City’s long-standing partners and offer competitive grants to all other organizations seeking City assistance. With these new directives in place, AD 3.6 is set to end on June 30, 2025. For the purposes of this staff report, AD 3.8 will be considered.

Administrative Directive 3.8 – Community/Special Event and Program Grants (AD 3.8) is for all those seeking City support or monetary assistance (grants) for an upcoming community or special event, or a program. The directive improves the application intake process, offers online tools and resources, sets funding thresholds, improves applicant accountability, and promotes fiscal responsibility.

Grant Applications:

Grant applications will be considered twice per year through a competitive application, review, and award process. Applications will be accepted online and assessed for completeness and fiscal impact before being scheduled for review by a sub-committee comprised of City board, commission, and committee members (Entertainment, Culture, Police Advisory, and Youth) as well as members from the Downtown Modesto Partnership (DOMO) and Visit Modesto. The Sub-Committee is tasked with conducting applicant interviews, scoring applications, and making award recommendations based on economic development, community benefit, community participation, City recognition, fiscal responsibility, organization capacity, and City/County/State compliance. Recommendations for grant awards may be made in-whole, in part, or denied.

The City will consider the Sub-Committee’s recommendations and finalize the awards.

Biannual Grant Application Intake, Review, & Approval Schedules.

Schedule A: For events/programs planned in the next fiscal year – JULY 1st through JUNE 30th. #12..
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Awards for Fiscal Year 2025-2026

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Schedule B: For events/programs planned in the latter half of the next fiscal year – JANUARY 1 st through June 30th
.

Fiscal Responsibility:

Fiscal responsibility is paramount. The amount of available funding for grants of funds and/or the provision of in-kind support may vary per year depending on the economic outlook and available resources. For Fiscal Year 25/26, the value of in-kind support and monetary grants is capped at $50,000 each. Careful consideration of the fiscal impact for each application will be assessed and awards may not exceed 50% of the event or program budget. To ensure fiscal responsibility, recipients must file a Final Report, at the conclusion of each event or program period. The Final Report will account for the event or program actuals, including attendance, community benefit, deviations, matters of concern, income and expenditure reporting, and promotion and marketing efforts.

Grant Thresholds:

The amount of available funding for grants of funds and/or the provision of in-kind support may vary per year depending on economic outlook and available resources. This includes the availability of funds for monetary grants and the City’s capacity to cover costs and provide staffing and services for each event.

Grant thresholds for in-kind assistance may range between $1,000-$5,000. The same thresholds apply for monetary contributions: $1,000-$5,000. Requests for a combination of inkind and monetary grants are permitted provided they do not exceed their respective thresholds.

Applicants may apply for up to 2 grants per fiscal year provided the total in-kind and monetary awards for both events do not exceed $10,000. Requests valued under $1,000 shall be considered on a case-by-case basis and approved or denied in whole or in part by the applicable Department Head.

AD 3.6 Sunset:

The City has several applications for City support under the AD 3.6 for events scheduled in the balance of 2025. Staff recommends awarding grants of $19,815 in in-kind and $18,157 in grant funding. Recipients will be required to comply with the new reporting requirements (Final Report).
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1) International Heritage Committee’s International Heritage Festival – October 2025 Award of $5,000 in-kind and $3,315 contribution.
2) MoPride – MoPride in the Park - August 2025
Award of $5,000 in-kind.
3) Silver Squares’ National Slavery Remembrance Day – August 2025 Award of $2,500 in-kind and $2,500 contribution.
4) Central Valley Business Expo – November 2025
Award of $2,000 in-kind and $500 contribution.
5) Stanislaus Latino Chamber of Commerce – History of Lowriding Holiday Award of $5,000 contribution.
6) Ballet Folklorico Anahuac – Festival Folklor: Celebrando la Vida Award of $4,500 in-kind and $5,000 contribution.
7) NeLa – Modesto Neighborhoods Inc. – NeLaPaLooza
Award of $815 in-kind and $342 contribution.
8) West Modesto Community Collaborative – Back to School Health Fair Award of $1,500 contribution.

AD 3.8 Rollout – FY 25/26 (January 1, 2026 – June 30, 2026 Events) For applications received for events planned for the second half of FY 25/26 - January 1 – June 30, 2026, a modified and accelerated application schedule will be followed. The application portal will be lengthened to 90 days. Preliminary Review, Fiscal Impact Analysis, and SubCommittee Review periods will be compressed to meet scheduled Committee and Council approval dates. Awards will be limited to the balance of available funding for Fiscal Year 2025- 2026.

Schedule:
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Awards for Fiscal Year 2025-2026

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FISCAL IMPACT:

Awards of in-kind grants for Fiscal Year 2025-2026 are limited to $50,000 in-kind and are incorporated in multiple Department operating budgets (Parks, Recreation and Neighborhoods, Police, Fire, Public Works, and Community and Economic Development). Grant awards of funding for Fiscal Year 2025-2026 are limited to $50,000 and are budgeted in Parks, Recreation and Neighborhood’s Administration budget (0100-31010-54920).

COMMITTEE RECOMMENDATION:

This item was previously heard by the Finance Committee at the Fiscal Year 2025-2026 Budget Workshops held on April 16, 2025.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026.

Approved by:

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

1. Resolution

2. Administrative Directive No. 3.8
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08/12/2025/PRN/JRogers/Item 12 1 2025-297

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-297

RESOLUTION APPROVING COMMUNITY/SPECIAL EVENT AND
PROGRAM GRANTS FOR IN-KIND SUPPORT VALUED AT $19,815 AND GRANT FUNDING OF $18,157 FOR EVENTS AND PROGRAMS PLANNED IN THE FIRST HALF OF FISCAL YEAR 2025-2026
WHEREAS, community and special events provide community and economic benefits to Modesto; and
WHEREAS, each year the City receives more requests for in-kind and direct contribution sponsorships; and
WHEREAS, the City implemented Administrative Directive Policy Number 3.8 (AD 3.8) for Community/Special Event and Program Grants to offer competitive grants to organizations seeking City assistance; and
WHEREAS, the City has allocated $50,000 in in-kind support and budgeted $50,000 in grant funding for Fiscal Year 2025-2026 events; and WHEREAS, the City is prepared to accept grant applications biannually; and WHEREAS, the rollout of AD 3.8 requires an additional application intake period for events and programs taking place in the latter half of Fiscal Year 2025-2026; and WHEREAS, thresholds for grants are $1,000-$5,000 in in-kind support and $1,000-5,000 in grant funding per applicant, per fiscal year, and not to exceed a combined amount of $10,000; and
WHEREAS, the City has four applications accepted under former Administrative Directive 3.6 – Community and Special Events Sponsorships (AD 3.6) on file for events and programs taking place in the first half of Fiscal Year 2025-2026; and #12..
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WHEREAS, the events provide a community, cultural, educational, or recreational benefit to the community at large; and
WHEREAS, AD 3.6 is set to sunset on June 30, 2025 and the City is prepared to award grants to the following organizations in place of sponsorships:

1. International Heritage Committee – International Heritage Festival In-Kind: $5,000 / Grant Funding: $3,315

2. MoPride – MoPride in the Park
In-Kind: $5,000

3. Silver Squares – National Slavery Remembrance Day
In-Kind: $2,500 / Grant Funding $2,500

4. Central Valley Business Expo
In-Kind: $2,000 / Grant Funding: $500

5. Stanislaus Latino Chamber of Commerce – History of Lowriding Holiday Grant Funding: $5,000

6. Ballet Folklorico Anahuac – Festival Folklor: Celebrando la Vida In-Kind: $4,500 / Grant Funding: $5,000

7. NeLa – Modesto Neighborhoods Inc. – NeLaPaLooza
In-Kind: $815 / Grant Funding: $342

8. West Modesto Community Collaborative – Back to School Health Fair Grant Funding: $1,500
WHEREAS, Awardees are required to comply with all post event reporting requirements; and
WHEREAS, AD 3.8 requires all grants be approved by Council; and WHEREAS, a review of AD 3.8 and proposed grant awards were presented to the Finance Committee at the Fiscal Year 2025-2026 Budget Workshop held on April 16, 2025.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the following grants with a total in-kind support valued at $19,815 and grant funding of $18,157 for the following events occurring within the first half of Fiscal Year 2025-2026:

1. International Heritage Committee – International Heritage Festival In-Kind: $5,000 / Grant Funding: $3,315

2. MoPride – MoPride in the Park
In-Kind: $5,000

3. Silver Squares – National Slavery Remembrance Day
In-Kind: $2,500 / Grant Funding $2,500

4. Central Valley Business Expo
In-Kind: $2,000 / Grant Funding: $500

5. Stanislaus Latino Chamber of Commerce – History of Lowriding Holiday Grant Funding: $5,000

6. Ballet Folklorico Anahuac – Festival Folklor: Celebrando la Vida In-Kind: $4,500 / Grant Funding: $5,000

7. NeLa – Modesto Neighborhoods Inc. – NeLaPaLooza
In-Kind: $815 / Grant Funding: $342

8. West Modesto Community Collaborative – Back to School Health Fair Grant Funding: $1,500
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of August, 2025, by Councilmember Williams, who moved its adoption, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: Wright
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 Revised: NEW
POLICY:

The City values and encourages events, programs and services that benefit residents of the City.

Historically, the City has supported various community events either with in-kind support or financial support based on citywide community needs and budgetary allocations. In order to ensure equitable opportunity for organizations to submit proposals, the City is formalizing the process in which organizations/groups receive City support.

This policy will provide the basis for the City’s granting of contributions of in-kind support and funds for community and special events. Grant requests will be approved in an equitable manner, ensuring a variety of programs, services and community organizations receive available support.

It should be noted that the Community and Special Events Grants policy does not apply to cosponsored activities initiated by the City and its selected partners to enhance quality of life and promote Modesto.

PURPOSE:

This policy is designed to clarify the process of requesting and awarding City in-kind and monetary support for those community and special events not designated as City partnered events or programs and are co-sponsored by the City of Modesto. However, City contributions of funds and in-kind services and support for new and returning applicants are made available biannually pending an application and review process and the availability of City funding and resources. A Community or Special Event is defined as an upcoming organized community or special event benefiting the community-at-large, occurs in/on City-owned property or street, and where the City is not the primary partner or organizer. A program is defined as a program benefiting the community at large and where the City is not the primary partner or organizer.

SCOPE:

Goals & Objectives:

The granting of funds or in-kind services, including but not limited to contributions of staff, equipment or other services, and booth participation, will be considered for special and community events, community projects or programs designed to accomplish one or more of the goals and objectives:
 Promotes the City of Modesto as a desirable place to live, visit, and do business.

CITY OF MODESTO

ADMINISTRATIVE

DIRECTIVE
Original Effective Date:

Latest Revision Date:

Policy Number:

Approved By:
______________________
City Manager
Subject: COMMUNITY/SPECIAL EVENTS AND PROGRAM GRANTS
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2  Promotes the City of Modesto as a visitor destination and/or brings tourism-associated revenue to the City.
 Enhances the quality of life and well-being of the citizenry.  Advances the City’s commitment to and pride in being a multicultural community.  Encourages the development of neighborhood identity and pride.  Promotes cultural awareness among the citizenries.

The granting of City funds or in-kind support is evaluated according to the effectiveness and impact the particular special event, community project or program has on the community-at-large.

Special attention is paid to contributions that promote the attractiveness of the City as a place to visit and/or live, celebrate the heritage of the City and its environs, and/or enrich the character and quality of life of its citizens.

Event Criteria:

1. Takes place within the upcoming Fiscal Year (July 1st – June 30th).

2. Offers a cultural, social, educational, economic, or recreational benefit to the community.

3. Not religious or political in nature nor does it seek to support or oppose any religious or political viewpoint.

4. Takes place within the City of Modesto limits at a City facility, building, park, or street(s).

Some limited exceptions may be granted.

5. Includes other sources of funding sufficient to cover at least 50% of all anticipated eventrelated expenses.

6. Does not occur on the same date(s) as other City-sponsored or grant-funded events which may or may not be similar in nature or theme.

7. Open to the public and does not require any entrance fees paid for admittance and provides services on a non-discriminatory basis.

8. Supports the aforementioned goals and objectives,
Event/Program Organizer Criteria:

The granting of funds or in-kind services will be considered for special and community events, community projects or programs whose event organizer, organization or applicant meet all of the City’s criteria:

1. Based within the City of Modesto boundaries and is in good standing current on all City accounts.

2. Demonstrates that the organization has the experience and the expertise to undertake the planning and execution of the proposed event.

3. Completes/Submits required Community/Special Event and Program Grant Application and supporting documents during the identified application filing period.

4. Payment of Community/Special Event and Program Grant Application fee.

5. Compliant with all City, County, and State requirements.

6. Fiscally responsible for all other event expenses not related to or granted by the City. #12..
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3 Grant Funding and Use Restrictions:

The amount of available funding for grants of funds and/or the provision of in-kind support may vary per year depending on economic outlook and available resources. Past grant awards are no assurance of future awards. Careful consideration of the fiscal impact for each application will be assessed. This includes the availability of funds for monetary grants and the City’s capacity to cover costs and provide staffing and services for each event. Available grants are subject to City Council approval. The City may terminate the program at any time due to unforeseen circumstances.

Awarded grants must be used for event-related expenses only and not for operating deficit, administrative costs, or other organizational costs unrelated to the production of the event or program or for any capital equipment purchases. No part of the grant shall be used for any political advocacy or for sole religious purposes.

Requests for the following in-kind support and services will not be considered and all costs associated therein shall be the applicant/organizer’s responsibility  Modesto Police and Fire emergency services, such as traffic control, street closures, security, or escorts
 Application and permit fees for the sale, serving, or consumption of alcohol  Special Event Itinerant application, permits, and applicable taxes  Community and Special Event Grant Application Fee
Request for monetary contributions for the following expenses will not be considered and all costs associated therein shall be the applicant/organizer’s responsibility.  All City of Modesto application, permit, and inspection fees.  Special Event Itinerant Business License and taxes
 Alcohol Permits/Licenses
 Alcohol Expenditures
 Request for City Services
 Scholarships
 Charitable Donations
 Travel and Transportation Expenditures
 Permanent Equipment or Capital Expenditure
 Staff Salaries and Benefits
 Cash Awards, Incentives, Prizes, or Plaques
Grant Thresholds:

The thresholds for City grants per event or program are as follows: In-Kind Value of $1,000- $5,000 and Monetary Contributions of $1,000-$5,000. Requests for a combination of In-Kind and Monetary Grants are permitted provided they do not exceed their respective thresholds.

The annual thresholds for City grants per applicant, organizer or organization are as follows:
2 events per fiscal year provided the combined total of the grants for both in-kind and monetary contributions do not exceed $10,000.

Requests valued under $1,000 shall be considered on a case-by-case basis and approved or denied in whole or in part by the applicable Department Head.
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4 PROCEDURES:

Administration:

The Parks, Recreation and Neighborhoods Department manages the administrative process for the City’s Community/Special Event and Program Grant Program, as it also manages the permitting process for the majority of special events in the City. The Community/Special Event Grant and Program Application will be processed together twice each fiscal year for events held in the upcoming fiscal year. Grant applications will be reviewed for completeness. Incomplete applications will be rejected.

All Community/Special Event Grant and Program Applications which are deemed complete, along with a fiscal impact analysis, will be forwarded to a sub-committee, composed of various advisory board, committee, commission members, and others who will conduct applicant interviews, score applications, and make award recommendations for the Finance Committee. Sub-Committee recommendations will be based on the following: Economic Development, Community Benefit, Community Participation, City Recognition, Fiscal Responsibility, Organization Capacity, and City/County/State Compliance. Final recommendations will be considered by the full City Council in tandem with the approval of the Finance or Safety & Communities Committee. Grant funding will be disbursed within 60 days of the scheduled event.

Acknowledging City Support:

Grant recipients must acknowledge the City’s financial support in all appropriate materials and media. The acknowledgement should read, “Supported in part by the City of Modesto” or similar language, unless the City is part of a list of supporters. In the latter case, the acknowledgement may simply say “City of Modesto”. Recipients must display the City’s logo whenever other sponsor/contributor logos are displayed, and in accordance with City logo use and guidelines.

Reporting Requirements:

Within 90 days of the event, the applicant shall remit the Community/Special Event and Program Final Report. Recipients who neglect to turn in the Final Report on or before the due date will be required to pay back all awarded funds and invoiced for the value of all in-kind services and support rendered. Failure to submit the final report on time will also jeopardize the applicant’s consideration for future funding.

The Final Report encompasses the following reporting categories:
1) Attendance
2) Community Benefit
3) Event Summary, Deviations, and Matters of Concern
4) Pre-Event Requirements and Approvals
5) Accounting of Use of Grant Funding
6) Income and Expenditure Reporting (including copies of receipts, cancelled checks, etc. to support expenses).
7) Promotion and Marketing
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5 Timelines & Schedules:

The intake, review, and award of grants is completed biannually. The grant application process, now online, will be open twice a year to consider events scheduled in the upcoming fiscal year A) July 1st – June 30th and B) January 1st -June 30th Events. In conjunction with the City’s budget process, grant applications will be reviewed for completeness and fiscal impact. A Sub-Committee composed of members from various City boards, committees, and commissions will be tasked to interview and rank applicants and make recommendations for funding consideration. Staff will complete a final review and forward all funding recommendations to the Finance Committee and then to City Council.

Application In-Take & Approval
IN-TAKE SESSION – A
For events/programs planned in the next fiscal year – JULY 1st through JUNE 30th.

October 1-31
Public Notice -
Call for
Applications
November 1 -
December 31st
Application
Portal Open &
Fee
January 1-31
Preliminary
Review & Fiscal
Impact Analysis
February 1-28
Sub-Commiittee
Review
March 1-31
Final
Recommendations
April 1-30
Finance
Commitee
May 1 - June 30
City Council
Approval

IN-TAKE SESSION - B
For events/programs planned in the latter half of the next fiscal year – JANUARY 1st through June 30th.

April 1-30
Public Notice -
Call for
Applications
May 1- June 30
Application
Portal Open &
Fee
July 1-31
Preliminary
Review & Fiscal
Impact Analysis
August 1-31
Sub-Commiittee
Review
September 1-31
Final
Recommendations
October 1-31
Finance
Commitee
November 1-30
City Council
Approval
Roll out of the policy in year 1 may differ from the schedule listed herein and could include shorter review, and award timelines. Events and programs scheduled within 30 days of award may be disbursed post event.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 12, 2025
Date: June 23, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Fire Extinguisher Inspection, Testing and Maintenance Services CONTACT: Gabe DaSilva, Facilities Manager, [email protected], 209-342-2281 DESCRIPTION:

Consider approving the Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc.

Sacramento, CA for a total combined amount not to exceed $160,269 over five years. (Funding Source: Building Maintenance Fund)
STRATEGIC PLAN ELEMENT:

This action supports the 2025-2026 City of Modesto Strategic Plan Area of Focus: Governance and Service Delivery; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability;” Strategy #1: “Develop a strategy for long-term financial sustainability.” BACKGROUND:

The City has approximately 1,044 fire extinguishers that are used in city vehicles, buildings, and city parking lots. The fire extinguishers are required to be maintained, certified, or recharged on an annual basis. This bid was created to combine all extinguisher services for city-owned buildings as well as vehicles, into one service agreement allowing staff to obtain the best pricing through economies of scale, enabling staff to more effectively coordinate maintenance, repair and replacement of fire extinguishers throughout the City.

On January 14, 2020, by Resolution 2020-09, Council approved the award of agreement for fire extinguisher inspection and maintenance service to Nor Cal Fire Inc., Ripon, CA, for a two-year agreement with three, one-year extension options for an estimated annual cost not to exceed $17,500 and a total combined cost not to exceed $87,500 over five years.

On November 23, 2021, by Resolution No. 2021-451, Council authorized the First Amendment for agreement for fire extinguisher inspection and maintenance service, to increase the agreement amount by $17,500 to a total revised amount not to exceed $41,000 through the term of the agreement. This agreement has since expired and the vendor choose not to renew #13..
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City Council, August 12, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

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services under the existing agreement therefore, we currently do not have a contracted vendor for these services.

DISCUSSION:

On January 18, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Fire Extinguisher Inspection, Testing and Maintenance Services. On June 11, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-71 for Fire Extinguisher Inspection, Testing and Maintenance Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Fifteen companies downloaded the IFB document from PlanetBids. On July 9, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Zero companies chose to respond.

Due to the non-responsiveness of the bids, on November 19, 2024, the Purchasing Division issued another Invitation for Bids (IFB) 2324-71RB for Fire Extinguisher Inspection, Testing and Maintenance Services on the City’s PlanetBids public bidding website under the same various commodity codes. Prospective bidders were notified online and via email of the bid opportunity.

Twelve companies downloaded the IFB document from PlanetBids.

On December 17, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two companies chose to respond, no local bids were received.

Based on providing the lowest responsive and responsible bid, City staff recommended to award Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc.

Sacramento, CA, for a two-year agreement with three one-year extension options for a total estimated annual cost of $30,000, and total combined amount not to exceed $160,269 over five years between the two agreements.

Staff recommends awarding two agreements for Fire Extinguisher Inspection, Testing and Maintenance Services as follows:

Primary - Firecode Safety Equipment, Inc.- $20,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $106,846.

Secondary - National Fire Systems, Inc.- $10,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $53,423.
1 93609 Alarm Equipment Maintenance/Repair (Fire, Etc.), 93632 Fire Fighting Equipment Maintenance and Repair, 93633 Fire Protection Equipment and Systems Including Fire Hydrants, Fire Sprinkler Systems, Smoke Detectors, Jaws of Life, Fire Protections Material Treatment, Etc. Maintenance and Repair, 98138 Fire Protection Systems and Supplies Rental or Lease, 99000 Security, Fire, Safety and Emergency Services (Including Disaster Document Recovery), 34000 Fire Protection Systems and Supplies, 34016 Fire Alarm Systems, Power Sirens, and Controls, 34020 Fire Detecting Equipment, 34028 Fire Extinguishers, Rechargers, and Parts, 34032 Fire Hose Carts, Dryers, Racks, Reels, Rollers, and Winders, Etc., 34060 Hydrants, Fire (Including Accessories and Parts), 34064 Nozzles and Parts, Fire Hose
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City Council, August 12, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

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Staff recommends a separate agreement for both Firecode Safety Equipment and National Fire Systems in order to provide backup, or in case the “primary” contractor is unable to meet the City’s needs.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of bid for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA.

FISCAL IMPACT:

The two proposed agreements have a combined estimated annual amount of $30,000, resulting in a combined five year not-to-exceed total of $160,269. A 5.5% Consumer Price Index (CPI) increase projection has been calculated for Years 3, 4, and 5, which are included in the Contracted Services pricing. Funds are budgeted in the Building Maintenance Fund 5800- 52120-53300 with funding for contingency services being allocated at the time of approval.

Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Firecode Safety
Equipment $20,000 $20,000 $21,100 $22,261 $23,485 $106,846 National Fire
Systems $10,000 $10,000 $10,550 $11,130 $11,743 $53,423 Combined total
for both 5-Yr
Agreements
$30,000 $30,000 $31,650 $33,391 $35,228 $160,269
The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 23, 2025, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc. Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three one-year extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment Inc, and annual amount for $10,000 for National Fire Systems, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements, and authorizing the City Manager, or his designee, to execute the Agreements. #13..
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City Council, August 12, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

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Approved by:

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

1. Resolution

2. Agreement – Firecode Safety Equipment including Exhibits B & C

3. Agreement – National Fire Systems and all Exhibits

4. Cost Abstract

5. IFB 2324-71RB Bid Document

6. Firecode Safety Equipment - CA Levine Act Disclosure form

7. National Fire Systems – CA Levine Act Disclosure form #13..
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08/12/2025/PW/GDaSilva/Item 13 1 2025-298

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-298

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR

FIRE EXTINGUISHER INSPECTION, TESTING AND MAINTENANCE
SERVICES TO FIRECODE SAFETY EQUIPMENT, INC. SACRAMENTO, CA AND NATIONAL FIRE SYSTEMS, INC. SACRAMENTO, CA FOR A TWOYEAR AGREEMENT WITH THREE ONE-YEAR EXTENSION OPTIONS, WITH AN ESTIMATED ANNUAL AMOUNT OF $20,000 FOR FIRECODE SAFETY EQUIPMENT, INC AND ANNUAL AMOUNT FOR $10,000 FOR

NATIONAL FIRE SYSTEMS, INC FOR A TOTAL ESTIMATED ANNUAL AMOUNT OF $30,000, AND A COMBINED TOTAL AMOUNT NOT TO
EXCEED $160,269 OVER FIVE YEARS BETWEEN THE TWO AGREEMENTS,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENTS
WHEREAS, on January 14, 2020, by Resolution 2020-09, Council approved the award of agreement for fire extinguisher inspection and maintenance service to Nor Cal Fire Inc., Ripon, CA, for a two-year agreement with three, one-year extension options for an estimated annual cost not to exceed $17,500 and a total combined cost not to exceed $87,500 over five years; and
WHEREAS, on November 23, 2021, by Resolution No. 2021-451, Council authorized the First Amendment for agreement for fire extinguisher inspection and maintenance service, to increase the agreement amount by $17,500 to a total revised amount not to exceed $41,000 through the term of the agreement. This agreement has since expired and the vendor choose not to renew services under the existing agreement; and
WHEREAS, on January 18, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Fire Extinguisher Inspection, Testing and Maintenance Services. On June 11, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-71 for Fire Extinguisher Inspection, Testing and Maintenance Services #13..
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08/12/2025/PW/GDaSilva/Item 13 2 2025-298
on the City’s PlanetBids public bidding website under various commodity codes, which fifteen companies downloaded the IFB document from PlanetBids. On July 9, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Zero companies chose to respond; and
WHEREAS, due to the non-responsiveness of the bids, on November 19, 2024, the Purchasing Division issued another Invitation for Bids (IFB) 2324-71RB for Fire Extinguisher Inspection, Testing and Maintenance Services under the same various commodity codes; and
WHEREAS, on December 17, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two companies chose to respond, no local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommended to award Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA, for a two-year agreement with three one-year extension options for a total estimated annual cost of $30,000, and total combined amount not to exceed $160,269 over five years between the two agreements; and
WHEREAS, Staff recommends awarding two agreements for Fire Extinguisher Inspection, Testing and Maintenance Services as follows:

Primary - Firecode Safety Equipment, Inc.- $20,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $106,846.
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08/12/2025/PW/GDaSilva/Item 13 3 2025-298
Secondary - National Fire Systems, Inc.- $10,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $53,423; and
WHEREAS, Staff recommends a separate agreement for both Firecode Safety Equipment and National Fire Systems in order to provide backup, or in case the “primary” contractor is unable to meet the City’s needs; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of bid for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc.

Sacramento, CA; and
WHEREAS, the two proposed agreements have a combined estimated annual amount of $30,000, resulting in a combined five-year not to exceed total of $160,269. A

5.5% Consumer Price Index (CPI) increase projection has been calculated for Years 3, 4, and 5 which are included in the Contracted Services pricing. The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase. Funds are budgeted in the Building Maintenance Fund with funding for contingency services being allocated at the time of approval. #13..
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08/12/2025/PW/GDaSilva/Item 13 4 2025-298
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc.

Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three one-year extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment, Inc and annual amount doe $10,000 for National Fire SYSTEMS, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreements, in a form approved by the City Attorney. #13..
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08/12/2025/PW/GDaSilva/Item 13 5 2025-298
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of August, 2025, by Vice-Mayor Bavaro, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: Wright
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT #298811 - FIRE EXTINGUISHER INSPECTION, TESTING AND

MAINTENANCE SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Firecode Safety Equipment, Inc., a California Corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services as described in IFB 2324-71RB, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

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

Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 August
298
12th
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $20,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $106,846. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit “B”.

AGREEMENT PRICING
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $10.00 $200.00
2 5 LB ABC Recharge 5 LB 377 $10.00 $3,770.00
3 10 LB ABC Recharge 10 LB 285 $10.00 $2,850.00
4 15 LB ABC Recharge 15 LB 14 $10.00 $140.00
5 20 LB ABC Recharge 20 LB 45 $10.00 $450.00
6 30 LB ABC Recharge 30 LB 1 $10.00 $10.00
7 20 LB BC Recharge 20 LB 1 $10.00 $10.00
Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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3 8 20 LB D Recharge 20 LB 4 $10.00 $40.00
9 20 LB HALO Recharge 20 LB 1 $10.00 $10.00
10 11 LB HALO Recharge 11 LB 1 $10.00 $10.00
11 6 GAL. Water Recharge 6 GAL. 6 $10.00 $60.00
12 1.6 L Water Recharge 1.6 L 3 $10.00 $30.00
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $10.00 $30.00
14 20 LB Purple K 20 LB 1 $10.00 $10.00
15 1.6 L Purple K 1.6 L 7 $10.00 $70.00
16 20 LB cartridge 20 LB 9 $50.00 $450.00
17 CO2 each 5 $80.00 $400.00
18 O-RING – (on recharge) each 783 $0.10 $78.30
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $0.10 $147.00 20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $20.00 $2,000.00
21 6-year Tear Down (Dry Chem Only) each 25 $20.00 $500.00 22 6-year Tear Down (Wet Chem Only) each 25 $20.00 $500.00 23 PULL PINS – AS NEEDED each 38 $0 $0
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $1.00 $10.00
25 195 PSI GAUGE – AS NEEDED each 10 $1.00 $10.00
26 HOSE REPLACEMENT AS NEEDED each 25 $10.00 $250.00
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $5.00 $200.00
Total of Items 1-27 BASE BID: $12,235.30

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $60.00 NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $85.00 NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $120.00 NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $160.00 NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $240.00 NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $150.00 NEW FIRE EXTINGUISHER – 20 LB D each $1,650.00
NEW FIRE EXTINGUISHER – 11 LB HALO each $1,170.00
NEW FIRE EXTINGUISHER – 20 LB HALO each $1,650.00
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $240.00
NEW FIRE EXTINGUISHER – 6 GAL. Water each $380.00
NEW FIRE EXTINGUISHER – 1.6 L Water each $180.00
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $320.00
NEW FIRE EXTINGUISHER – 20 LB Purple K each $380.00
NEW FIRE EXTINGUISHER – 20 LB cartridge each $460.00
NEW FIRE EXTINGUISHER – CO2 each $420.00
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $180.00
Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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4 5 LB Halotron New each $550.00

15.5 LB Halotron New each $1,650.00
Plexiglass for Cabinets (5 LB & 10 LB) each $10.00
JLL Wall Mount Fire Extinguisher Box 5 LB each $100.00
JLL Wall Mount Fire Extinguisher Box 10 LB each $180.00 Percentage off the Manufacturer List Price for additional parts. _0___% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to zero percent ( 0 %) cash discount if invoice is paid within N/A days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative: Gabe DaSilva, Facilities Manager, 209-342-2281, [email protected] Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Contractor Contact: Name: Ned Ng
Title: Vice President
Phone (Office): 9 I 6-456-5561
Phone (Mobile): 916-897-0274
Mailing Address: 3722 W. Pacific Ave, Sacramento, CA, 95820 Email: [email protected]
Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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5 4. TERM OF AGREEMENT:

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

Year 1: August 1, 2025, through July 31, 2026
Year 2: August 1, 2026, through July 31, 2027
Year 3: August 1, 2027, through July 31, 2028
Year 4: August 1, 2028, through July 31, 2029
Year 5: August 1, 2029, through July 31, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

5. LIABILITY INSURANCE:

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

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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6 Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 298811.
• CITY department/division name and address
• Billing period
• Service hours worked day and week.
• Unit price, extended price, sales tax and total

7. INDEMNITY:

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

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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7 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement.
a. Resolution No.2025-_______.
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-71RB.
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

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8 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

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

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9 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

17. NOTICES:

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

CONTRACTOR: Ned Ng - Vice President
Phone (Office): 9I6-456-5561
Phone (Mobile): 916-897-0274
Mailing Address: 3722 W. Pacific Ave, Sacramento, CA, 95820 Email: [email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

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12 20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

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

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13 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the Docusign Envelope ID: 57DC2BEB-6BEA-4819-80AD-832B831D98A0 #13..
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14 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

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

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15 29. WAIVER:

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

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

33. PARTIAL INVALIDITY:

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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.

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17 Exhibit “D”:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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

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

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

The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 ANNUAL AGREEMENT #298812 - FIRE EXTINGUISHER INSPECTION, TESTING AND

MAINTENANCE SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and National Fire Systems, Inc., a California, Corporation, hereinafter called CONTRACTOR.

WITNESSETH:

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

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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $10,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $53,423. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit “B”.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $11.00 $220.00
2 5 LB ABC Recharge 5 LB 377 $11.00 $4,147.00
3 10 LB ABC Recharge 10 LB 285 $11.00 $3,135.00
4 15 LB ABC Recharge 15 LB 14 $11.00 $154.00
5 20 LB ABC Recharge 20 LB 45 $11.00 $495.00
6 30 LB ABC Recharge 30 LB 1 $11.00 $11.00
7 20 LB BC Recharge 20 LB 1 $11.00 $11.00
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3 8 20 LB D Recharge 20 LB 4 $11.00 $44.00
9 20 LB HALO Recharge 20 LB 1 $11.00 $11.00
10 11 LB HALO Recharge 11 LB 1 $11.00 $11.00
11 6 GAL. Water Recharge 6 GAL. 6 $11.00 $66.00
12 1.6 L Water Recharge 1.6 L 3 $11.00 $33.00
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $11.00 $33.00
14 20 LB Purple K 20 LB 1 $11.00 $11.00
15 1.6 L Purple K 1.6 L 7 $11.00 $77.00
16 20 LB cartridge 20 LB 9 $11.00 $99.00
17 CO2 each 5 $11.00 $55.00
18 O-RING – (on recharge) each 783 $3.00 $2,349.00
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $2.00 $2,950.00 20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100
$35.00
$3,500.00
21 6-year Tear Down (Dry Chem Only) each 25 $20.00 $500.00 22 6-year Tear Down (Wet Chem Only) each 25 $20.00 $500.00 23 PULL PINS – AS NEEDED each 38 $4.00 $152.00
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10
$15.00
$150.00
25 195 PSI GAUGE – AS NEEDED each 10 $15.00 $150.00
26 HOSE REPLACEMENT AS NEEDED each 25 $15.00 $375.00
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40
$3.00
$120.00
Total of Items 1-27 BASE BID: $19,359.00

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $62.98 NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $76.25 NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $110.25 NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each NO BID NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $215.25 NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each NO BID NEW FIRE EXTINGUISHER – 20 LB D each $1,211.78
NEW FIRE EXTINGUISHER – 11 LB HALO each $1,054.88
NEW FIRE EXTINGUISHER – 20 LB HALO each $1,483.61
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $239.25
NEW FIRE EXTINGUISHER – 6 GAL. Water each NO BID
NEW FIRE EXTINGUISHER – 1.6 L Water each NO BID
NEW FIRE EXTINGUISHER – 1.6 L Purple K each NO BID
NEW FIRE EXTINGUISHER – 20 LB Purple K each $441.09
NEW FIRE EXTINGUISHER – 20 LB cartridge each NO BID
NEW FIRE EXTINGUISHER – CO2 each $216.55
NEW FIRE EXTINGUISHER – 1.6 L Purple K each NO BID
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4 5 LB Halotron New each $531.56

15.5 LB Halotron New each $1,483.61
Plexiglass for Cabinets (5 LB & 10 LB) each $25.54
JLL Wall Mount Fire Extinguisher Box 5 LB each $131.40
JLL Wall Mount Fire Extinguisher Box 10 LB each $167.40 Percentage off the Manufacturer List Price for additional parts. _20__% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to two percent ( 2.0 %) cash discount if invoice is paid within 10 days after acceptance of service.

2. CITY REPRESENTATIVE:

3. CONTRACTOR CONTACT:

Contractor Contact: Name: Nicholas Robinson
Title: President
Phone (Office): 916-400-4290
Phone (Mobile): 916-803-9899
Mailing Address: 8521 Morrison Creek Dr
Fax Number: 916-456-8753 Sacramento, CA 95828
Email: [email protected]
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5 4. TERM OF AGREEMENT:

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

5. LIABILITY INSURANCE:

6. PAYMENT:

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay Docusign Envelope ID: 00E53E6F-C075-4C2A-8C9A-DBD4132C537E #13..
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6 Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 298812.
• CITY department/division name and address
• Billing period
• Service hours worked day and week.
• Unit price, extended price, sales tax and total

7. INDEMNITY:

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California Docusign Envelope ID: 00E53E6F-C075-4C2A-8C9A-DBD4132C537E #13..
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7 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

11. TERMINATION OF SERVICES:

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8 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

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9 h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

14. ASSIGNMENT OF RIGHTS:

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

17. NOTICES:

CONTRACTOR: Nicholas Robinson - President
Phone (Office): 916-400-4290
Phone (Mobile): 916-803-9899
Mailing Address: 8521 Morrison Creek Dr
Fax Number: 916-456-8753 Sacramento, CA 95828
Email: [email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

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12 20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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13 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the Docusign Envelope ID: 00E53E6F-C075-4C2A-8C9A-DBD4132C537E #13..
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14 documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT:

26. INDEPENDENT CONTRACTOR; NOT AGENT:

27. DRUG FREE WORKPLACE:

28. ASSIGNMENT:

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

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15 29. WAIVER:

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

33. PARTIAL INVALIDITY:

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16 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.

Docusign Envelope ID: 00E53E6F-C075-4C2A-8C9A-DBD4132C537E National Fire Systems Inc.
298 12th
August
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17 Exhibit “D”:

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

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

The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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ITEM # Size/UOM ITEM/DESCRIPTION QTY

FIRE EXTINGUISHER ANNUAL MAINTENANCE/RECHARGE UN PRC EXTENSION UN PRC EXTENSION 1 2.5 LB 2.5 LB ABC Recharge 20 $10.00 $200.00 $11.00 $220.00 2 5 LB 5 LB ABC Recharge 377 $10.00 $3,770.00 $11.00 $4,147.00 3 10 LB 10 LB ABC Recharge 285 $10.00 $2,850.00 $11.00 $3,135.00 4 15 LB 15 LB ABC Recharge 14 $10.00 $140.00 $11.00 $154.00 5 20 LB 20 LB ABC Recharge 45 $10.00 $450.00 $11.00 $495.00 6 30 LB 30 LB ABC Recharge 1 $10.00 $10.00 $11.00 $11.00 7 20 LB 20 LB BC Recharge 1 $10.00 $10.00 $11.00 $11.00 8 20 LB 20 LB D Recharge 4 $10.00 $40.00 $11.00 $44.00
9 20 LB 20 LB HALO Recharge 1 $10.00 $10.00 $11.00 $11.00 10 11 LB 11 LB HALO Recharge 1 $10.00 $10.00 $11.00 $11.00 11 6 GAL. 6 GAL. Water Recharge 6 $10.00 $60.00 $11.00 $66.00 12 1.6 L 1.6 L Water Recharge 3 $10.00 $30.00 $11.00 $33.00 13 2.5 GAL. 2.5 GAL. Water Recharge 3 $10.00 $30.00 $11.00 $33.00 14 20 LB 20 LB Purple K 1 $10.00 $10.00 $11.00 $11.00
15 1.6 L 1.6 L Purple K 7 $10.00 $70.00 $11.00 $77.00
16 20 LB 20 LB cartridge 9 $50.00 $450.00 $11.00 $99.00 17 each CO2 5 $80.00 $400.00 $11.00 $55.00
18 each O-RING – (on recharge) 783 $0.10 $78.30 $3.00 $2,349.00 19 LB ABC POWDER – AS NEEDED (pounds) 1475 $0.10 $147.50 $2.00 $2,950.00 20 each 5- AND 12-YEAR HYDROSTATIC TESTING – DRY CHEMICAL 100 $20.00 $2,000.00 $35.00 $3,500.00 21 each 6-year Tear Down (Dry Chem Only) 25 $20.00 $500.00 $20.00 $500.00 22 each 6-year Tear Down (Wet Chem Only) 25 $20.00 $500.00 $20.00 $500.00 23 each PULL PINS – AS NEEDED 38 $0.00 $0.00 $4.00 $152.00 24 each HANDLE REPLACEMENT – WHEN TOO DAMAGED TO FIX 10 $1.00 $10.00 $15.00 $150.00 25 each 195 PSI GAUGE – AS NEEDED 10 $1.00 $10.00 $15.00 $150.00 26 each HOSE REPLACEMENT AS NEEDED 25 $10.00 $250.00 $15.00 $375.00 27 each HOSE HOLDER - BAND AND CLIP REPLACEMENT 40 $5.00 $200.00 $3.00 $120.00 $12,235.80 $19,359.00
$1,085.93 $1,718.11
$13,321.73 $21,077.11

NEW FIRE EXTINGUISHER REPLACEMENT
28 each NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent 1 $60.00 $62.98 29 each NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent 1 $85.00 $76.25 30 each NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent 1 $120.00 $110.25 31 each NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent 1 $160.00 32 each NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent 1 $240.00 $215.25 33 each NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent 1 $150.00 34 each NEW FIRE EXTINGUISHER – 20 LB D 1 $1,650.00 $1,211.78 35 each NEW FIRE EXTINGUISHER – 11 LB HALO 1 $1,170.00 $1,054.88 36 each NEW FIRE EXTINGUISHER – 20 LB HALO 1 $1,560.00 $1,483.61 37 each NEW FIRE EXTINGUISHER – 2.5 GAL. Water 1 $240.00 $239.25 38 each NEW FIRE EXTINGUISHER – 6 GAL. Water 1 $380.00
39 each NEW FIRE EXTINGUISHER – 1.6 L Water 1 $180.00
40 each NEW FIRE EXTINGUISHER – 1.6 L Purple K 1 $320.00 41 each NEW FIRE EXTINGUISHER – 20 LB Purple K 1 $380.00 $441.09 42 each NEW FIRE EXTINGUISHER – 20 LB cartridge 1 $460.00 43 each NEW FIRE EXTINGUISHER – CO2 1 $420.00 $216.55
44 each NEW FIRE EXTINGUISHER – 1.6 L Purple K 1 $180.00 45 each 5 LB Halotron New 1 $550.00 $531.56
46 each 15.5 LB Halotron New 1 $1,650.00 $1,483.61
47 each Plexiglass for Cabinets (5 LB & 10 LB) 1 $10.00 $25.54 48 each JLL Wall Mount Fire Extinguisher Box 5 LB 1 $100.00 $131.40 49 each JLL Wall Mount Fire Extinguisher Box 10 LB 1 $180.00 $167.40 TOTAL:

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2324-71RB FIRE EXTINGUISHERS SERVICES

SACRAMENTO, CA

FIRECODE SAFETY
EQUIPMENT, INC.

SALES TAX 8.875%:

Total of Items 1-27 BASE BID:

SACRAMENTO, CA

NATIONAL FIRE SYSTEMS
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-71RB
FOR

FIRE EXTINGUISHER INSPECTION, TESTING AND MAINTENANCE SERVICES BID OPENING: DECEMBER 17, 2024, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE ........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST ............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION .................................................................. 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES ................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE ................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT .................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS .................................................................. 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS ............................................... 33 BID FORM L - SUBCONTRACTOR LIST ......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

1.1 SCOPE OF WORK: ....................................................................................................................... 35

1.2 REQUIRED LICENSES: ............................................................................................................... 37 SAMPLE AGREEMENT ......................................................................................................................... 38 #13..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Fire Extinguisher Inspections, Testing and Maintenance services (the “Services”) for the City of Modesto, Public Works Department, Building Services Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).

Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to DECEMBER 17, 2024, at 11:00 A.M., at which time Bids will be opened, read, and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #13..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-71RB
BID OPENING DATE: DECEMBER 17, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK

CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95353
DELIVER/ COURIER TO:

CITY CLERK
1010 10TH STREET, SUITE 6600
MODESTO, CA 95354

The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued November 19, 2024
Written Questions Due via Email November 26, 2024
Addendum Issued (if required) December 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, December 17, 2024 Contract Award Approximately May 2025

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #13..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 17, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

• The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. #13..
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10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #13..
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11 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor.
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date.
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
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12 PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10)days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
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13 Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying #13..
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14 their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #13..
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15 BID SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:

COMPLETE BID ELEMENTS √
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission.

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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents, and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default: (a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after become due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. (c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid.
• Invoices reference numbers and corresponding amounts

ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. One “Inked” Signed Original Bids Document Required: Failure to furnish one (1) “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

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

The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

INVITATION FOR BID AND SPECIFICATIONS NO. IFB 2324-71RB

FIRE EXTINGUISHER INSPECTION, TESTING, AND MAINTENANCE SERVICES SCHEDULE of QUANTITIES
Pricing will be as stated in vendor submitted bid regardless of Fire Extinguisher Location within a City Building. The City shall not pay Fire Extinguisher retrieval fees.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
** In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
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22 20
5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
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23 Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking (√) here. If selected, for bid comparison purposes only, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking (√) here.

THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications, or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.

Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

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

Name of Bidder Signatory:

Signature of Bidder Representative:
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25 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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26 Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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27 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

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

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

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

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

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

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

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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29 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria.

Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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30 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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31 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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32 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following: performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies, and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications, and representative experience.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include ICC-NAFED Certified Portable Fire Extinguisher Technician, Certificates of Registration from the Office of the State Fire Marshal's (OSFM), and in NFPA-10 Annual Fire Extinguisher Inspection Certification. #13..
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34 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)

N/A N/A

N/A N/A
Bidder Company Name:
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35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is seeking bids from qualified Contractors for furnishing and delivering fire extinguishers, maintaining, repairing, and servicing as required to various departments and sites throughout the City of Modesto in accordance with the current version of NFPA 10 – Standard Portable Fire Extinguishers, Chapter 7 criteria, and all applicable regulations for portable fire extinguishers; the terms and conditions specified herein, which also include the below:

1.0.1 Estimated Quantities
No guarantee can be given that total estimated quantities, as shown in the “BID FORM C - PRICING SCHEDULE” will be reached or exceeded. Vendor agrees to furnish these services at the unit prices quoted in accordance with the City's actual requirements throughout the Contract period.

1.0.2 The purpose of this bid is to establish a firm, fixed, unit price for the cost to test, maintain, repair, refill and provide new fire extinguishers. The City has approximately 800 fire extinguishers throughout the City of various sizes and types.

1.0.4 Site location maps, where available, with the fire extinguisher locations will be. shared with the awarded Contractor, however, a City representative will provide. escorting to expedite these required services.

1.0.4 If new extinguisher is required, Contractor shall provide documentation that the unit is equivalent (NFPA/UL approved, warranty, replacement parts availability, etc.) to the unit being taken out of service.

1.1 GENERAL REQUIREMENTS:

1.1.1. Annual Inspection, Service & Certification, and examination as applicable in accordance with NFPA 10, at a minimum the following Chapter 7 will apply; sections 7.3.2 through 7.3.5, 7.4, and 7.6, will involve a thorough examination of the fire extinguisher shell and its external mechanical parts. The maintenance will include, at a minimum, the following:

1. All inspection items.

2. Inspection of the hose and nozzle for cracks, blockages, or other damage.

3. Inspection of extinguisher shell for corrosion, dents, or other damage.

4. Inspect the cabinet housing and/or hangers; Contractor shall inform the City Representative of any maintenance issues or obstructions observed so that a corrective work order can be issued.

5. Routine service to be performed as required throughout the period of the Agreement.

1.1.2. When inspection or maintenance of any extinguisher reveals a deficiency in operating condition, the following corrective actions shall be taken immediately:

1. Repair/recharge if the deficiency is correctable in the field.

2. Place a spare extinguisher of the same type and equal or greater rating shall replace the extinguisher if field corrective action is not able to restore the fire extinguisher to operational status.

3. Defective extinguishers are to be marked as such and the Contractor shall store the defective extinguisher(s) at the contractor’s shop, at no extra charge to the City, until #13..
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36 repairs or recharge have been completed and extinguisher(s) are suitable for placement within a facility. Prior to removal from any City facility, Contractor shall obtain acceptance from the City Representative or site assigned representative and provide documentation as to the unit being removed from the City facility.

1.1.3. Contractor shall work with City Representative as various sites collect all fire extinguishers in a common area to maximize efficiency for annual servicing.

1.1.4. Documentation of inspection and maintenance will be provided by maintaining, at a minimum, the following records:

1. The fire extinguisher checklist, which contains the location of each fire extinguisher; its weight, type, and dates of inspections; and annual maintenance:
a) Checklist should be performed and turned over by the Contractor per NFPA Appendix I Tables I.1(a) and I.1(b). Available here: NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standard-development/10

2. A fire extinguisher inspection record tag is attached to each extinguisher and provides the following information:
a) The date the extinguisher was inspected.
b) The condition of the extinguisher.
c) The initials of the person performing the inspection.

1.1.5. The fire extinguisher inspection record must indicate the date of the last charge; recharge & the last date of hydrostatic testing must be recorded. Per NFPA 10, the service tag has the information “punched” by the certified vendor and affixed to the extinguisher. Available here:

NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standarddevelopment/10

1.1.6. Six-year inspection and examination as applicable in accordance with NFPA 10 sections 7.3.6.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.7. Hydrostatic testing, as applicable in accordance with NFPA 10 sections 8.1 through 8.8, Extinguishers requiring testing to be performed at 5-year intervals for CO2 extinguishers and 12- year intervals for dry chemical and halon extinguishers.

Extinguishers that require one 12-year hydrostatic test shall be emptied and subjected to maintenance every six years interval.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.8. Minor repairs or replacement of extinguishers on an “as needed” basis to maintain proper fire extinguisher coverage at all City sites.
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37 1.2 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.3 TERM OF AGREEMENT:

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

A. Pricing shall remain firm for the first two years of any agreement, which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year. #13..
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38 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT #XXXXXX - FIRE EXTINGUISHER INSPECTION, TESTING

AND MAINTENANCE SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
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40 5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
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41 NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

Contractor Contact: ______________________________________ ______________________________________________________

5. TERM OF AGREEMENT:

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

Year 1: 2025 through 2026
Year 2: 2026 through 2027
Year 3: 2027 through 2028
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42 Year 4: 2028 through 2029
Year 5: 2029 through 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

6. LIABILITY INSURANCE:

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

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

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.

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

8. PAYMENT:
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44 CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number______________.
• CITY department/division name and address
• Billing period
• Service hours worked day and week.
• Unit price, extended price, sales tax and total

9. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, #13..
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45 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.

10. VENUE & GOVERNING LAW:

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

11. ATTORNEYS’ FEES:

12. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the #13..
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47 SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

15. FAILURE TO PERFORM SATISFACTORY WORK:

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

16. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY #13..
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49 makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

17. CITY PROCESS/PROCEDURE APPROVALS:

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

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

CONTRACTOR: __________________
__________________
__________________
__________________

CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

20. SIGNATORY(IES) FOR CONTRACTOR:
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50 Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in #13..
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51 Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise #13..
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52 dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

29. DRUG FREE WORKPLACE:

30. ASSIGNMENT:

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

31. WAIVER:
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53 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.

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

35. PARTIAL INVALIDITY:

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

CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney

By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
02/28/2025
Date
_____________________________
Signature of authorized individual
Ned B. Ng
Vice President Firecode Safety
Equipment Inc.

Company/Applicant Name
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
X
X
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
National Fire Systems, Inc. Nicholas Robinson, President 2/28/25 #13..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 12, 2025
Date: July 14, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Amended and Restated agreement for Gallo Center for the Arts Lot 25 Discount Parking
CONTACT: Gabe da Silva, Parking Services Manager, [email protected] 209-342- 2281
DESCRIPTION:

Consider approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by 2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026, through June 30, 2027. (Funding Source: Parking Services Enterprise Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus, Economic Vitality: “retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; Goal G: “Advance a pro-growth Economic Development Strategy that focuses on Downtown, Sports and Entertainment, building Modesto as a regional destination.” Strategy 1 “Make Modesto a regional destination.” BACKGROUND:

The Gallo Center for the Arts is in the downtown core of Modesto. The Gallo Center for the Arts is operated by the non-profit organization Gallo Center. Gallo Center employs stagehands, customer service representatives, management and several others that manage and facilitate the performances , including show set-ups, and teardowns. The Gallo Center negotiated a subagreement with American Specialty Healthcare (ASH) to use 25 parking permits during day use and an additional five permits for evening use in the City Parking Lot #25 which is on the corner of 9th and I streets.

The ASH Parking Agreement, that was entered into on February 28, 2017, and executed on October 4, 2017, was terminated pursuant to Sections 8(c) and 8(d) of the Parking Agreement, which had anticipated 150 downtown jobs and associated parking needs. This resulted in the termination of the ASH sublease to Gallo Center and all parking spaces reverted to the City. #14..
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City Council, August 12, 2025
Amended and Restated agreement for Gallo Center for the Arts Lot 25 Discount Parking

Page 2 of 3 ends

On July 12, 2022, by Resolution 2022-309, Council approved the agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022, through June 30, 2024, for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis.

On October 8, 2024, by Resolution 2024-374, Council approved the First Amendment to the agreement with Gallo Center for the Arts for a year-to-year extension term retroactive to July 1, 2024, through June 30, 2025, for a five dollar increase for discounted parking in Lot 25 with annual parking pass permits to be paid on a quarterly basis.

DISCUSSION:

The City and Gallo Center management met on July 9, 2025, to revisit discussions regarding employee parking for the non-profit organization and continue the use of the City’s Lot 25 to accommodate up to 30 parking permits on a first come first serve basis. The agreement for the Second Amendment includes the following requirements:

1. The duration will be one-year from date of execution.

2. Monthly Permits will be paid on a quarterly basis.

3. Monthly Parking Permits will be $56.32 per month, which is a discount of $23.68 per month off the Council-approved regular rate of $80.00 per month.

4. A maximum of 30 permits will be issued.

5. Parking spaces are not reserved or guaranteed.

Staff recommends an increase of 2.4% based on the Consumer Price Index (CPI) for Fiscal Year (FY) 24/25, per parking permit to offset the City’s increasing overhead and maintenance costs associated with our surface lots. Staff also proposes to extend the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for an additional one-year term of July 1, 2026, through June 30, 2027. Parking Services staff, in partnership with the City’s Finance Department, will manage the monthly permits quarterly billing.

FISCAL IMPACT:

Revenue generated through this Second Amendment with Gallo Center for the Arts discount parking for Lot 25 is anticipated to be $20,275 annually, which will be an increase from last FY by $475 annually.

The annual parking permits, to be displayed on the dashboards of the employees’ vehicles are covered through the Parking Services Enterprise Fund 4000-53250-43702 which is consistent with monthly permit holders.

COMMITTEE RECOMMENDATION:

Due to the urgent timeline of this agreement, this item was not reviewed by a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, by increasing the Agreement amount by

2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027, and authorizing the City Manager or his designee, to execute the Agreement . #14..
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City Council, August 12, 2025
Amended and Restated agreement for Gallo Center for the Arts Lot 25 Discount Parking

Page 3 of 3 ends

Approved by:

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

1. Resolution

2. Amended and Restated Agreement

3. First Amendment

4. Original Agreement
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08/12/2025/PW/GdSilva/Item 14 1 2025-299

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-299

RESOLUTION APPROVING THE AMENDED AND RESTATED AGREEMENT WITH GALLO CENTER FOR THE ARTS, MODESTO, CA FOR LOT 25

EMPLOYEE DISCOUNTED PARKING, INCREASING THE AGREEMENT
AMOUNT BY 2.4% PER PARKING PERMIT PER MONTH, AND EXTENDING THE TERM OF THE AGREEMENT FROM JULY 1, 2025 TO JUNE 30, 2026, WITH THE OPTION FOR ONE ADDITIONAL ONE-YEAR TERM OF JULY 1, 2026 THROUGH JUNE 30, 2027 AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Gallo Center for the Arts is located in the downtown core of Modesto. The Gallo Center for the Arts is operated by the non-profit organization Gallo Center. Gallo Center employs stagehands, customer service representatives, management and several others that keep the acquisition of performance shows, set-ups, and teardowns for public shows; and
WHEREAS, Gallo Center employees have previously had access to surface parking lot # 25 under a previous agreement with American Specialty Healthcare (ASH); and
WHEREAS, the Gallo Center negotiated a sub-agreement with ASH to use 25 parking permits during day use and an additional five permits for evening use in the City Parking Lot #25 which is on the corner of 9th and I streets. On July 12, 2022, by Resolution 2022-309, Council approved the agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022 through June 30, 2024, for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis; and
WHEREAS, on October 8, 2024, by Resolution 2024-374, Council approved the First Amendment to the agreement with Gallo Center for the Arts for a year-to-year #14..
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08/12/2025/PW/GdSilva/Item 14 2 2025-299
extension term retroactive to July 1, 2024, through June 30, 2025, for a five dollar increase for discounted parking in Lot 25 with annual parking pas permits to be paid on a quarterly basis; and
WHEREAS, the City and Gallo Center management met on July 9, 2025, to revisit discussions regarding employee parking for the non-profit organization and continue the use of the City’s Lot 25 to accommodate up to 30 parking permits on a first come first serve basis; and
WHEREAS, staff recommends a Consumer Price Index (CPI) increase of 2.4% per parking permit to offset the City’s increasing overhead and maintenance costs associated with our surface lots. Staff also proposes to extend the term of the Agreement from July 1, 2025 to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027; and
WHEREAS, this discount will provide parking for the non-profit employees. It will also further enhance the partnership between the City and Gallo Center for the Arts; and
WHEREAS, Parking Services staff, in partnership with the City’s Finance Department will manage the monthly permits quarterly billing. Gallo Center will pay for the parking permits on a quarterly basis; and
WHEREAS, revenue generated through this Second Amendment with Gallo Center for the Arts discount parking for Lot 25 is anticipated to be $20,275 annually.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement #14..
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08/12/2025/PW/GdSilva/Item 14 3 2025-299
amount by 2.4% per parking permit per month and extending the term of the Agreement from July 1, 2025, to June 30, 2026 with the option for one additional one-year term of July 1, 2026 through June 30, 2027.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the amended and restated agreement with Gallo Center for the Arts, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of August, 2025, by Councilmember Williams, who moved its adoption, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: Wright
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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AMENDED AND RESTATED AGREEMENT FOR

DISCOUNTED EMPLOYEE PARKING

GALLO CENTER FOR THE ARTS
(Lot 25, corner of 9th and I Streets, Modesto, California) This AMENDED AND RESTATED AGREEMENT for discounted employee parking (“Agreement”), dated _______________ , 2025 for reference purposes, is by and between the City of Modesto, a municipal corporation, hereinafter referred to as “Modesto”, and the Gallo Center for the Arts, a 501(c)(3) non-profit organization, hereinafter referred to as “Gallo Center.” The Effective Date of this Agreement shall be retroactive to July 1, 2025.

Recitals
A. WHEREAS, Modesto manages public parking facilities commonly referred to as Parking Services; and
B. WHEREAS, Modesto owns the real property commonly referred to as Off-Street Parking Lot No. 25 (“Lot 25”) located on the corner of 9th and I Streets, Modesto, California 95354 and utilizes Parking Services Enterprise (“Parking Fund”) funds for operation and maintenance of the parking facilities; and
C. WHEREAS, Gallo Center and Modesto desire to enter into this Agreement whereby Gallo Center, requests to purchase discounted employee annual parking permits as set forth in this Agreement; and
D. WHEREAS, operation and maintenance of the off-street parking lot is funded in part by pay-by-space user fees; and
E. WHEREAS, Modesto and the Gallo Center have entered into a temporary use agreement, for the month of July, 2025 herewith, whereby Gallo Center will purchase discounted employee parking permits for Lot 25 from Modesto; and
F. WHEREAS, Modesto, as the lessor, will retain control over the property and the site will continue to be used for its authorized and intended purpose of an off-street parking lot; and
G. This Agreement replaces and supersedes all prior agreements and understandings between Modesto and Gallo Center related to the discounted employee parking for Lot 25; and H. WHEREAS, Modesto and Gallo Center desire to enter into an agreement for discounted employee parking on the terms and conditions contained herein.

Agreement
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, Modesto and the Gallo Center do hereby agree as follows:
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Section 1. Discounted Employee Parking Permits. Gallo Center shall purchase the discounted employee parking permits with the terms and conditions set forth in Exhibit “A” (“Use of Permits”).

Section 2. Term. The Term of this Agreement shall be for one (1) year commencing on July 1, 2025 (the “Commencement Date”) and expires on June 30, 2026 (the “Term”) unless this Agreement is sooner terminated as provided herein.

Section 3. Method of Payment.

3.1. Annual Permits. Each quarter, Gallo Center shall submit payment to Modesto Finance Department for the next quarter’s use of the off-street parking. Any and all Gallo Center funds received by Modesto for the use of the parking shall be deposited into the Parking Services Enterprise Fund to pay in-part for the operation and maintenance of the parking facilities.

3.2. Termination of Agreement. If this Agreement is terminated by either party, Gallo Center and Modesto shall mutually agree on when the parking lot shall return to pay-per-space by the employees. Once all Gallo Center paid time have been used, this Agreement shall terminate and Authority shall have no further liability or obligation to Modesto.

3.3. Invoices. Gallo Center shall make payment to Modesto within thirty-five (35) calendar days of receipt of an acceptable invoice. Payment shall be based on the monthly cost aggregated to a quarterly total. All invoices shall be submitted in duplicate; including the original and one copy of all invoices, not more than once a quarter, and shall be made in writing and delivered, mailed, or emailed to Gallo Center as follows:

Gallo Center for the Arts
1000 I Street
Modesto, CA 95354
Email: [email protected]
Attention: Al Poulus
.

Section 4. Termination.

4.1. Either party may terminate this Agreement in whole or in part at any time prior to completion of the use of permits specified in Exhibit “A” upon thirty (30) calendar days written notice to the other party. Upon receipt of written notice of such termination, the parties shall comply with the provisions of Section 3.3.

4.2. This Agreement shall terminate automatically upon the bankruptcy or insolvency of either party.
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Section 5. Joint Venture. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of a joint venture, co-partner or co-venturer between the parties or as constituting Gallo Center as an agent or representative of Modesto.

Section 6. Indemnification.

6.1. Gallo Center’s Indemnification of Modesto. Gallo Center shall hold Modesto, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney’s fees, and all costs and expense, arising directly or indirectly out of any act or omission of Gallo Center, whether or not the act or omission arises from the negligence or other liability of Modesto, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Section 7. Assignment of Agreement. Gallo Center shall not assign this Agreement, or any part thereof, without prior written consent of Modesto.

Section 8. Laws and Regulations. Gallo Center shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements of the Federal, State or local government, and any agency of such government which relate to or in any manner affect the performance of this Agreement.

Section 9. Notices. Any notice, communication, amendments, additions, or deletions to this Agreement including change of address of either party during the term of this Agreement which Modesto or Gallo Center shall be required or may desire to make, shall be in writing and may be personally served, mailed by prepaid, certified or registered mail or overnight courier, or transmitted by facsimile or electronic mail transmission, to the respective parties as follows:

To Modesto:

City of Modesto
1010 10th St
Modesto, CA 95354
Email: [email protected]
Attention: City Manager
To Gallo Center:

Gallo Center
1000 I Street
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Modesto, CA 95354
Email: [email protected]
Attention: Al Poulus
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission.

Section 10. Force Majeure. The time for performance of an obligation other than the payment of compensation under this Agreement will be extended for the period during which a party is prevented from performing by acts of God, government actions, fire or other casualty, or other force or event beyond the reasonable control of that party including, but not limited to, governmental restrictions, laws, regulation, controls, requirements decrees, mandates or order requiring individuals to “shelter in place,” “stay at home” or otherwise quarantine, or requiring businesses to close or be limited in operations.

Section 11. Waiver. Waiver of any default by either party to this Agreement shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless modified pursuant to the terms of this Agreement.

Section 12. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State, or local statutes, ordinances, or regulations the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

Section 13. Amendment. This Agreement, including any exhibits hereto, shall not be amended, except in writing signed by the parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement.

Section 14. Entire Agreement. This Agreement, with its exhibits, contains the sole and only agreement of the parties. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect.

Section 15. Governing Law. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California.

Section 16. Venue/Jurisdiction. Venue for any action brought by either party to this Agreement against the other to enforce the terms and conditions thereof shall be maintained in Stanislaus County, California, in the proper court having jurisdiction. Each party irrevocably consents to the jurisdiction of each such court.
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Section 17. No Third Party Benefit. This Agreement is a contract between Modesto and Gallo Center and nothing herein is intended to create any third party benefit.

Section 18. Number and Gender. All words used herein in the singular number shall include the plural and the present tense shall include the future and the masculine gender shall include the feminine and neutral.

Section 19. 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, 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 of status of any person or persons who drafted all or a portion of this Agreement.

Section 20. Counterparts and Electronic Signatures.

20.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

20.2. Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. *** Signatures contained on next page ***
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EXHIBIT “A”

USE OF PERMITS
Gallo Center shall obtain Parking Permits from Modesto for use of parking facility located on the corner of 9th and I Streets, referenced as LOT #25.

I. Annual Parking Permit: Modesto shall make available for purchase 30 parking permits monthly as set forth in this section.

A. Fiscal Year 2025-2026 (01 July 2025 through 30 June 2026)

1. 30 permits numbered 1092 through 1122

2. Employees will need to display permits on dashboard of vehicle

3. Parking space is not reserved

4. Parking space is not guaranteed, first-come first-served

5. Parking is at the risk of the user, Modesto does not take responsibility of fire, theft, vehicle damage or any article therein
B. Financials

1. The permit is for a single vehicle per permit and costs are:
i. Discounted employee parking permit: $675.84/year or $56.32/month per permit.
ii. September 2025 will be available from City of Modesto Finance, 1010 10th Street, Suite 2100, Modesto, CA 95354, $1,689.60 will be due upon pick-up for the initial month.
iii. Quarterly payments will be invoiced to Gallo Center

2. Gallo Center employee discounted parking: $20,275.20/year, billed to Gallo Center quarterly at $5,068.80/quarter.
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

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

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

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
Docusign Envelope ID: C52A9AFF-76CF-49A8-848D-748749E76DD9 X
Patrick Crowley 22274
First Amendment Agreement for Gallo Center Lot 25 Discount Parking X 10/8/2024
Parking
X
Gallo Center for the Arts
Juliet Vaughn
X
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FIRST AMENDMENT TO THE AGREEMENT FOR DISCOUNTED EMPLOYEE

PARKING

GALLO CENTER FOR THE ARTS
(Lot 25, corner of 9th and I Streets, Modesto, California) This AGREEMENT (“Agreement”), dated _______________ , 2024 for reference purposes, is by and between the City of Modesto, a municipal corporation, hereinafter referred to as “Modesto”, and the Gallo Center for the Arts, a 501(c)(3) non-profit organization, hereinafter referred to as “Gallo Center.” The Effective Date of this Agreement shall be retroactive to July 1, 2024.

Recitals
A. WHEREAS, Modesto manages public parking facilities commonly referred to as Parking Services; and
B. WHEREAS, Modesto owns the real property commonly referred to as Off-Street Parking Lot No. 25 (“Lot 25”) located on the corner of 9 th and I Streets, Modesto, California
95354 and utilizes Parking Services Enterprise (“Parking Fund”) funds for operation and maintenance of the parking facilities; and
C. WHEREAS, Gallo Center and Modesto desire to enter into this Agreement whereby Gallo Center, requests to purchase discounted employee annual parking permits as set forth in this Agreement; and
D. WHEREAS, operation and maintenance of the off-street parking lot is funded in part by pay-by-space user fees; and
E. WHEREAS, Modesto and the Gallo Center have entered into a temporary use agreement, for the month of July, 2024 herewith, whereby Gallo Center will purchase discounted employee parking permits for Lot 25 from Modesto; and
F. WHEREAS, Modesto, as the lessor, will retain control over the property and the site will continue to be used for its authorized and intended purpose of an off-street parking lot; and
G. WHEREAS, Modesto and Gallo Center desire to enter into an agreement for discounted employee parking on the terms and conditions contained herein.

Agreement
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, Modesto and the Gallo Center do hereby agree as follows:

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Section 1. Discounted Employee Parking Permits. Gallo Center shall purchase the discounted employee parking permits with the terms and conditions set forth in Exhibit “A” (“Use of Permits”).

Section 2. Term. The Term of this Agreement shall be for one (1) year commencing on July 1, 2024 (the “Commencement Date”) and expires on June 30, 2025 (the “Term”) unless this Agreement is sooner terminated as provided herein.

Section 3. Method of Payment.

Gallo Center for the Arts
1000 I Street
Modesto, CA 95354
Email: [email protected]
Attention: Al Poulus
Section 4. Termination.

4.2. This Agreement shall terminate automatically upon the bankruptcy or insolvency of either party.

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Section 5. Joint Venture. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any way creating or establishing the relationship of a joint venture, co-partner or co-venturer between the parties or as constituting Gallo Center as an agent or representative of Modesto.

Section 6. Indemnification.

Section 7. Assignment of Agreement. Gallo Center shall not assign this Agreement, or any part thereof, without prior written consent of Modesto.

To Modesto:

City of Modesto
1010 10th St
Modesto, CA 95354
Email: [email protected]
Attention: City Manager
To Gallo Center:

Gallo Center
1000 I Street
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Modesto, CA 95354
Email: [email protected]
Attention: Al Poulus
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1) business day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is faxed or sent electronically, provided that the sender has received a confirmation of such fax or electronic transmission.

Section 15. Governing Law. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California.

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Section 17. No Third Party Benefit. This Agreement is a contract between Modesto and Gallo Center and nothing herein is intended to create any third party benefit.

Section 20. Counterparts and Electronic Signatures.

20.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

USE OF PERMITS
Gallo Center shall obtain Parking Permits from Modesto for use of parking facility located on the corner of 9th and I Streets, referenced as LOT #25.

I. Annual Parking Permit: Modesto shall make available for purchase 30 parking permits pressure wash the Transit Center and Amtrak Station and invoice Authority monthly as set forth in this section.

A. Fiscal Year 2024-2025 (01 July 2024 through 30 June 2025)

1. 30 permits numbered 1060 through 1089

2. Employees will need to display permits on dashboard of vehicle

3. Parking space is not reserved

4. Parking space is not guaranteed, first-come first-served

5. Parking is at the risk of the user, Modesto does not take responsibility of fire, theft, vehicle damage or any article therein
B. Financials

1. The permit is for a single vehicle per permit and costs are:
i. Discounted employee parking permit: $660/year or $55/month per permit; ii. October 2024 will be available from City of Modesto Finance, 1010 10th Street, Suite 2100, Modesto, CA 95354, $1,650 will be due upon pick-up for the initial month
iii. Quarterly payments will be invoiced to Gallo Center

1. July 2024 and August 2024 will be invoiced separately

2. Gallo Center employee discounted parking: $19,800/year, billed to Gallo Center quarterly at $4,950/quarter.

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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

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

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: C52A9AFF-76CF-49A8-848D-748749E76DD9 Gallo Center for the Arts Inc.
56-2607443
Al Poulus COO
10/19/2024
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Gallo Center for the Arts
1000 I Street.

Modesto, CA 95354
May 10, 2022
Re: Parking Agreement for Surface Lot 25 at 9th & I Street Dear Customer,
Effective October 6, 2021 the City of Modesto’s five (5) year agreement for parking with American Specialty Healthcare, Inc. (ASH) came to an end. This agreement provided employee parking permits for Lot 25 which is located at 9th and I Street. These permits were valid for use between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.

After discussions with the Gallo Center for the Arts, the City has agreed to extend the deadline to purchase parking permits for this lot to May 24, 2022. After this date, the original hang tags will no longer be honored, and a monthly pass must be displayed or pay by the hour if choosing not to obtain a pass. If you are interested in purchasing the parking permits, please contact our office by calling (209) 571-5140, Monday through Friday, between the hours of 8:30 a.m. to 4:30 p.m.

We are committed to delivering excellent customer service and count on citizens like you to help us achieve that goal. If you have further questions or need additional information, please contact us at (209) 571-5140.

Sincerely,
City of Modesto
Citation Processing Division

FINANCE DEPARTMENT
Citation Processing Division
P.O. Box 3063
Modesto, California 95353
209.571-5140
Modestogov.com
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07/12/2022/PW/PCrowley/Item 16 1 2022-309

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-309

RESOLUTION APPROVING AN AGREEMENT WITH GALLO CENTER FOR THE ARTS FOR A TWO-YEAR TERM RETROACTIVE TO JULY 1, 2022 THROUGH JUNE 30, 2024 FOR DISCOUNTED EMPLOYEE PARKING IN LOT 25 WITH ANNUAL PARKING PERMITS TO BE PAID ON A QUARTERLY

BASIS, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Gallo Center for the Arts is located in the downtown core of Modesto. The Gallo Center for the Arts is operated by the non-profit organization Gallo Center. Gallo Center employs stagehands, customer service representatives, management and several others that keep the acquisition of performance shows, set-ups and teardowns for public shows; and
WHEREAS, Gallo Center employees have previously had access to surface parking lot # 25 under a previous agreement with American Specialty Healthcare (ASH); and
WHEREAS, the agreement with ASH terminated on October 6, 2022; and WHEREAS, Gallo Center and City of Modesto discussed a direct agreement for discounted employee parking in surface Lot # 25; and
WHEREAS, there will be 35 permits issued covering July 1, 2022 through June 30, 2023; and
WHEREAS, there will be at least 35 permits issued covering July 1, 2023 through June 30, 2024, not to exceed 40 parking permits at a rate of $50, any new additions or substantive changes to amount of parking permits may be authorized by the City Manager or his designee; and
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07/12/2022/PW/PCrowley/Item 16 2 2022-309
WHEREAS, this discount will provide parking for the non-profit employees. It will also further enhance the partnership between the City and Gallo Center for the Arts; and
WHEREAS, Gallo Center will pay for the parking permits on a quarterly basis.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a $50 monthly rate for Gallo Center for the Arts, a 501 (c)(3) Non-Profit Organization to purchase annual parking lot passes for Lot # 25.

BE IT FURTHER RESOLVED that the discount will be limited to a two year agreement from July 1, 2022 through June 30, 2024, and will be specific to the Lot # 25 surface parking lot located on the corner of 9th and I streets, and shall not extend to other lots or parking garages; that to obtain the discounted annual pass, the Gallo Center must acquire the permits from City of Modesto Finance Department; that no more than 40 permits will be issued annually unless otherwise authorized by the City Manager; and that parking spaces will not be reserved or guaranteed.

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

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 8, 2024
Date: September 16, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment to the Agreement for Gallo Center for the Arts Lot 25 Discount Parking
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-402-6812
DESCRIPTION:

Consider approving the First Amendment with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025. (Funding Source: Parking Services Enterprise Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Area of Focus, Economic Vitality: “retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation”; Goal G: “make downtown Modesto a regional destination”.

BACKGROUND:

The Gallo Center for the Arts is in the downtown core of Modesto. The Gallo Center negotiated a sub-agreement with American Specialty Healthcare (ASH) to use 25 parking permits during day use and an additional five permits for evening use in the City Parking Lot #25 which is on the corner of 9th and I streets.

On July 12, 2022, by Resolution 2022-309, Council approved the agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022 through June 30, 2024, for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis.

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City Council, October 8, 2024
First Amendment to the Agreement for Gallo Center for the Arts Lot 25 Discount Parking

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Modesto City CouncilAugust 12, 2025

Modesto City Council
August 12, 2025