Agenda packet — Modesto City Council, May 5, 2026 (part 3 of 6)

DISCUSSION:

The Modesto Police Department’s Code Enforcement Unit (CEU) routinely addresses blighted and abandoned properties. These properties are in various states of disrepair with issues including, but not limited to, missing or damaged doors and windows and large amounts of trash and debris within and outside of the building.

CEU commonly works to identify property owners and gain compliance voluntarily or through the administrative citation process; however, in some cases it is necessary to obtain court orders authorizing the City to abate these nuisance homes after a lack of compliance from property owners. These abatements can be labor intensive and sometimes require specific equipment. Lack of an agreement with a qualified and permitted vendor results in abatement delays and allows blight issues to persist within the city.

On May 29, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for On-Call Board-Up Clean-Up of Nuisance and Unsafe Properties. On January 2, 2025, the Purchasing Division issued Request for Proposals (RFP 2324-101) for the On-Call Board-Up & Clean-Up of Unsafe Properties Services on the City’s Planet Bids public bidding website under various commodity codes.i Prospective bidders were notified online and via email which included 1,585 vendors notified and of those, 138 were local vendors. 31 vendors downloaded the RFP document from Planet Bids, of which eight (8) were local vendors.

On February 4, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Six (6) vendors chose to respond, there were two (2) local proposals received.

An evaluation committee comprised of four (4) City staff members which included a Sergeant, a Lieutenant and an Administrative Office Assistant for the Modesto Police Department evaluated the proposals and Mayor Sue Zwahlen was chosen to observe the RFP process. The evaluation was based on experience and expertise, reputation and references, response time and availability, cost and pricing structure.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the On-Call Board-Up & Clean-Up of Unsafe Properties Services to L.S. Construction and Design, Inc. of Los Banos, CA and Garcia Septic & Construction Inc. of Modesto, CA. L.S Construction and Design, Inc. expressed over 10 years of experience and had multiple positive references including working with the City’s Community Economic Development (CED). Garcia Septic & Construction Inc. is a local business that offers a variety of related services and received a positive reference from the City’s CED Department.

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 the responsive and responsible highest scoring, proposers offering the On- #12..
- 427 -
City Council, May 5, 2026
On-Call Board-Up & Clean-Up of Unsafe Properties

Page 3 of 4 ends

Call Board-Up & Clean-Up of Unsafe Properties Services which conform to the Modesto Municipal Code, 8-3.203 City staff recommend the award of bid for On-Call Board-Up & Clean-Up of Unsafe Properties Services to L.S. Construction and Design, Inc. of Los Banos, CA and Garcia Septic & Construction Inc of Modesto, CA.

FISCAL IMPACT:

Funding for the requested three-year agreements with L.S. Construction and Design, Inc., Los Banos, CA, and Garcia Septic + Construction, Inc., Modesto, CA, is not to exceed $180,000 and will be purchased with funds from the Abatement and Public Nuisance Fund. The recommended agreement amount is higher than prior actual expenditures to account for increases in material costs, expanded enforcement operations, and changing market conditions since the previous agreement went to bid in 2019. In addition, the City’s previous vendor ceased operations, during the prior agreement.

Agreement Totals
Year 1 $60,000
Year 2 $60,000
Year 3 $60,000
TOTAL: $180,000
Below are the totals for the prior (5) five-year agreement from 2019-2024.

Agreement Totals
FY 19/20 $18.347
FY 20/21 $3,530
FY 21/22 $20,764
FY 22/23 $43,738
FY 23/24 $7,351
TOTAL: $93,730
COMMITTEE ACTION:

This item was presented to Safety and Communities Committee on April 13, 2026, and the Committee recommended forwarding the item to the City Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreements for On-Call Board-up and Clean-up of Unsafe Properties Services to L.S. Construction and Design, Inc., Los #12..
- 428 -
City Council, May 5, 2026
On-Call Board-Up & Clean-Up of Unsafe Properties

Page 4 of 4 ends

Banos, CA, and Garcia Septic & Construction, Inc., Modesto, CA, for a one (1) year Agreement with two (2) one-year extension options, for an estimated annual combined amount of $60,000 and a total combined amount not to exceed $180,000 over 3 years, and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total does not change; and authorizing the City Manager, or his designee, to execute the Agreements.

Approved by:

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

1. Resolution

2. L.S. Construction and Design, Inc. Agreement with Exhibits

3. Garcia Septic & Construction Inc. Agreement with Exhibits

4. Scoring Abstract

5. RFP 2324-101

6. L.S. Construction and Design, Inc. Proposal Submittal

7. Garcia Septic & Construction Inc. Proposal Submittal

8. L.S. Construction and Design, Inc. Best and Final Offer

9. Garcia Septic & Construction Inc. Best and Final Offer

10. L.S. Construction and Design, Inc. CA Levine Act Disclosure form

11. Garcia Septic & Construction Inc. CA Levine Act Disclosure form i
90923 - Building Construction, Residential (Apartments, Etc.), 90930 - Building Construction (Not Otherwise Classified), 91000 - Building Maintenance, Installation And Repair Services, 91003 - Building Cleaning, Exterior, 91006 - Carpentry Maintenance And Repair Services, 91027 - Garbage/Trash Removal, Disposal And/Or Treatment, 91200 - Construction Services, General (Incl. Maintenance And Repair Services)91219 - Clearing And Grubbing Services, 91223 - Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock Stabilization, Etc.), 91240 - Demolition Services, 91484 - Trade Services, Construction (Not Otherwise Classified), 96800 - Public Works And Related Services, 98836 - Grounds Maintenance: Mowing, Edging, Plant (Not Tree) Trimming, Etc.
#12..
- 429 -
05/5/2026/MPD/TMoffett/ItemX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-___

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR

ON-CALL BOARD-UP AND CLEAN-UP OF UNSAFE PROPERTIES
SERVICES TO L.S. CONSTRUCTION AND DESIGN, INC., LOS BANOS, CA, AND GARCIA SEPTIC & CONSTRUCTION, INC., MODESTO, CA, FOR A ONE (1) YEAR AGREEMENT WITH TWO (2) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL COMBINED AMOUNT OF $60,000 AND A TOTAL COMBINED AMOUNT NOT TO EXCEED $180,000 OVER THREE (3)

YEARS, AND AUTHORIZING THE DIRECTOR OF FINANCE TO ADJUST AGREEMENT TOTALS BETWEEN VENDORS BASED ON CONTRACTOR’S
AVAILABILITY AND DEPARTMENT’S NEEDS, ENSURING THE COMBINED TOTAL DOES NOT CHANGE; AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENTS
WHEREAS, the Modesto Police Department’s Code Enforcement Unit (CEU) routinely deals with blighted commercial and residential properties, in partnership with the City’s Building Inspector. Additionally, the Building Inspector has deemed several locations unsafe and issued a “red tag” notice prohibiting persons from being on the property, requiring them to be properly secured; and WHEREAS, to combat the underlying blight issues, CEU officers routinely obtain abatement warrants authorized by the court to remove trash and secure buildings; and
WHEREAS, on April 2, 2019, by Resolution No. 2019-131, Council approved an agreement with Scott Redenbaugh Construction, for an amount not to exceed $200,000 over five years, to provide on-call board-up/clean-up of unsafe properties; however, the vendor has since ceased operations; and WHEREAS, on May 29, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for On-Call Board-Up Clean-Up of Nuisance and Unsafe Properties. On January 2, 2025, the Purchasing Division #12..
- 430 -
05/5/2026/MPD/TMoffett/ItemX 2 2026-XX
issued Invitation of Proposals (RFP 2324-101) for the On-Call Board-Up of Nuisance and Unsafe Properties Services on the City’s Planet Bids public bidding website under various commodity codes; and
WHEREAS, on February 4, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Six vendors chose to respond, there were two local proposals received; and WHEREAS, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the On-Call BoardUp and Clean-Up of Unsafe Properties Services to L.S. Construction and Design, Inc. of Los Banos, CA and Garcia Septic & Construction Inc. of Modesto, CA.; 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 the responsive, and responsible highest scoring, proposers offering the On-Call Board-Up & Clean-Up of Unsafe Properties Services which conform to the Modesto Municipal Code, 8-3.203 City staff recommend the award of bid for On-Call Board-Up & Clean-Up of Unsafe Properties Services to L.S. Construction and Design, Inc. of Los Banos, CA and Garcia Septic & Construction Inc of Modesto, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of Modesto that it hereby approves the Agreements for On-Call Board-up and Clean-up of Unsafe Properties to L.S. Construction and Design, Inc., Los Banos, CA, and Garcia #12..
- 431 -
05/5/2026/MPD/TMoffett/ItemX 3 2026-XX
Septic & Construction, Inc., Modesto, CA, for a total combined amount not to exceed $180,000 over three (3) years.

BE IT FURTHER RESOLVED, that the Director of Finance is authorized to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total does not change.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Agreements, in a form approved by the City Attorney. #12..
- 432 -
05/5/2026/MPD/TMoffett/ItemX 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of May 2026, by Councilmember ________________, who moved its adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#12..
- 433 -
ANNUAL AGREEMENT – ON-CALL BOARD-UP & CLEAN-UP SERVICES FOR UNSAFE

PROPERTIES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ________ day of _______________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and L.S. Construction and Design, Inc., a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026-______ authorizing the Award of Bid and agreement for the ON-CALL BOARD-UP & CLEAN-UP SERVICES FOR UNSAFE PROPERTIES 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 ON-CALL BOARD-UP & CLEAN-UP SERVICES FOR UNSAFE PROPERTIES as described in RFP 2324-101, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called RFP).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #12..
- 434 -
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 of $30,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $90,000. 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 in the Bid attached hereto as Exhibit B.
#12..
- 435 -

AGREEMENT PRICING
Additional Services Offered: Framing Quoted at the time of need

ITEM DESCRIPTION UOM PRICING
SECUREMENT – TIME AND MATERIALS
Door, 4' x 8' max EA $450
Double Door, 8'x8' EA $650
Window < 4' x 8' (to include all sizes under 4' x 8') EA $325 Window < 8' x 8' EA $450
Window > 8' x 8' (to include all sizes over 8’ x 8’) EA $800 Crawl Space Opening EA $175
Exterior Basement Door, 6' x 7' Using 3/4" Material EA $350 Single Car Garage Door EA $600
Double Car Garage Door EA $850
Sliding Glass Door 6' max EA $450
Sliding Glass door > 6' EA $650
Wood Basement Door 6' x 5' EA $450
Wood Front Double Entry Doors EA $600
Garage Pedestrian Door EA $450
Under Floor Vents EA $200
Attic Vents EA $300
Chain link fencing securement – per linear foot EA $30
Wood fencing securement – per linear foot EA $20
After Hours Building Securement – 5:00 p.m. to 8:00 a.m. HOUR $250 After Hours Minimum - per job HOURS $500

ITEM DESCRIPTION UOM TOTAL PRICE

PROPERTY CLEAN-UP
Remove Garbage, Junk, Debris, Weeds and Shrubbery, etc. (hourly rate) HOUR $200 Standard Dump Fees (cost per ton) TON Reimbursed at actual cost
Additional Fees for Removal of Bulky Items and/or Hazardous Materials (e.g. furniture, appliances, tires, paints, batteries, etc.) (based upon actual costs) JOB Quoted at the time of need
#12..
- 436 -

2. CITY REPRESENTATIVE:

CITY Representative: Thomas Moffett, [email protected], (209) 652-0919 Purchasing Representative: Holly Gonzales, [email protected], (209) 341-2908 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 Representative: Maria E. Castro
15808 Midway Rd.

Los Banos, Ca 93635
[email protected]
(209) 402-7206

4. TERM OF AGREEMENT:

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

Year 1: MAY 15, 2026, through MAY 14, 2027
Year 2: MAY 15, 2027, through MAY 14, 2028
Year 3: MAY 15, 2028, through MAY 14, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first year of the AGREEMENT.

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

Price adjustments for diesel fuel fluctuations may be considered. A Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
#12..
- 437 -
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. INSURANCE REQUIREMENTS:

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 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: 307771
• 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 #12..
- 438 -
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 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 law’s 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.2026-_______;
b. CONTRACTOR Bid submittal;
c. RFP No. 2324-101;
d. Contractor’s City of Modesto business license
#12..
- 439 -

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

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

Post-Termination Procedure:

Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
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 #12..
- 440 -
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.

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:
#12..
- 441 -
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:

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 the AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remain 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).
#12..
- 442 -

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:

If the 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 the CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to the 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: L.S. Construction and Design, Inc.

PO Box 2113
Los Banos, Ca 93635
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:
#12..
- 443 -
No minimum or maximum is guaranteed or implied.

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, the 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 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. #12..
- 444 -
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, and bonds 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 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. #12..
- 445 -

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, the CONTRACTOR shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as the 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.

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:
#12..
- 446 -
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 the 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 proposal are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the RFP, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the RFP and this AGREEMENT, this AGREEMENT shall control. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver 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:

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.
#12..
- 447 -
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. 2026-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2026 and L.S. Construction and Design, Inc. has caused this Agreement to be duly executed.
#12..
- 448 -
Exhibit D:

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

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $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.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, 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
#12..
- 449 -
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. 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.

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

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

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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

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.
#12..
- 450 -
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements.

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
#12..
- 451 -
ANNUAL AGREEMENT – ON-CALL BOARD-UP & CLEAN-UP SERVICES FOR UNSAFE

PROPERTIES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of _______________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Garcia Septic & Construction Inc., a California Corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #12..
- 452 -
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 of $30,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $90,000. 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 in the Bid attached hereto as Exhibit B.
#12..
- 453 -

AGREEMENT PRICING
Additional Services Offered: Emergency shoring to secure possible collapse structure framing. Quoted at the time of need
Additional Services Offered: Demolition/Abatement Quoted at the time of need

ITEM DESCRIPTION UOM PRICING
SECUREMENT – TIME AND MATERIALS
Door, 4' x 8' max EA $215
Double Door, 8'x8' EA $300
Window < 4' x 8' (to include all sizes under 4' x 8') EA $130 Window < 8' x 8' EA $215
Window > 8' x 8' (to include all sizes over 8’ x 8’) EA $340 Crawl Space Opening EA $87
Exterior Basement Door, 6' x 7' Using 3/4" Material EA $200 Single Car Garage Door EA $300
Double Car Garage Door EA $500
Sliding Glass Door 6' max EA $287
Sliding Glass door > 6' EA $380
Wood Basement Door 6' x 5' EA $300
Wood Front Double Entry Doors EA $260
Garage Pedestrian Door EA $215
Under Floor Vents EA $25
Attic Vents EA $45
Chain link fencing securement – per linear foot EA $15
Wood fencing securement – per linear foot EA $10
After Hours Building Securement – 5:00 p.m. to 8:00 a.m. HOUR $90 Per Person After Hours Minimum - per job – Three (3) hours PER CALL $450

ITEM DESCRIPTION UOM TOTAL PRICE

PROPERTY CLEAN-UP
Remove Garbage, Junk, Debris, Weeds and Shrubbery, etc. (hourly rate) HOUR $225 Standard Dump Fees (cost per ton) TON Reimbursed at actual cost
Additional Fees for Removal of Bulky Items and/or Hazardous Materials (e.g. furniture, appliances, tires, paints, batteries, etc.) (based upon actual costs) JOB Reimbursed at actual cost
#12..
- 454 -

2. CITY REPRESENTATIVE:

3. CONTRACTOR CONTACT:

CONTRACTOR Representative: Elizabeth Garcia
1101 7th St.

Modesto, Ca 95354
[email protected]
(209) 238-3986

4. TERM OF AGREEMENT:

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

Price adjustments for diesel fuel fluctuations may be considered. A Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
#12..
- 455 -
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. INSURANCE REQUIREMENTS:

6. PAYMENT:

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: 307772
• 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 #12..
- 456 -
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:

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:

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 #12..
- 458 -
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.

12. COMPLIANCE WITH ALL LAWS:
#12..
- 459 -
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:

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:

17. NOTICES:

CONTRACTOR: Garcia Septic & Construction Inc.
1101 7th St.

Modesto, Ca 95354
[email protected]
(209) 238-3986
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:
#12..
- 461 -
No minimum or maximum is guaranteed or implied.

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:

22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, the 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 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. #12..
- 462 -
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, and bonds necessary to perform the SERVICES.

24. RECORDS:

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.

29. WAIVER:

30. HEADINGS NOT CONTROLLING:
#12..
- 464 -
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 the CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

33. 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.
#12..
- 465 -
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. 2026-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2026 and Garcia Septic & Construction Inc. has caused this Agreement to be duly executed.
#12..
- 466 -
Exhibit D:

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

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

Additional Insured Status
#12..
- 467 -
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. 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.

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

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

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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.
#12..
- 468 -
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.

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
#12..
- 469 -
Proposals Evaluation
RFP No. 2324-101 - ON-CALL BOARD -UP & CLEAN-UP OF UNSAFE PROPERTIES SERVICES Max Score The Lopez Construction Family LLC
Borges ConstructionGround Zero TransportL.S. Construction and Design, Inc.Garcia Septic + Construction Inc.Legenday Hauling Requirements - Primary Selection Criteria - 100 total points possible Experience and Expertise (Industry Experience, Project Portifilio) 25 19.0 17.7 20.0 24.7 20.3 19.0 Reputation and References (Client References) 25 16.7 17.3 19.7 24.0 17.3 23.7 Response Time and Availablity (Emergency Response Capabilities) 25 11.7 15.0 12.3 20.3 22.7 13.7 Cost and Pricing Structure (Detailed Pricing) 25 23.0 17.0 15.0 14.0 13.0 13.0 Total Score 100 70.3 67.0 67.0 83.0 73.3 69.3
Ranking 3 5 5 1 2 4
#12..
- 470 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
REQUEST FOR PROPOSALS (“RFP”) NO. 2324-101
FOR

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE PROPERTIES SERVICES PROPOSAL OPENING: February 4, 2025, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
#12..
- 471 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Table of Contents
NOTICE TO PROPOSERS ........................................................................................................................ 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE ........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL PROPOSAL REQUIREMENTS ............................................................................................ 7 PROPOSAL SUBMITTAL CHECKLIST ............................................................................................... 15 PROPOSAL FORM A - RFP ACKNOWLEDGEMENT .................................................................... 16 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION ................................................ 19 PROPOSAL FORM C - PRICING SCHEDULE ................................................................................. 20 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ....... 23 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES ................................................. 24 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE .................................................... 26 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT .................................. 28 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS ................................................. 29 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT ......................................................... 30 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS ................................................ 31 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS ............................. 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS.................................................................. 33

1.1 SCOPE OF WORK: ........................................................................................................................ 33

1.6 REQUIRED LICENSES:................................................................................................................ 37 SAMPLE ANNUAL AGREEMENT - SERVICES ................................................................................. 40 #12..
- 472 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

NOTICE TO PROPOSERS
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 proposals (each, a “Proposal”) from qualified Proposers (each, a “Proposer”) for the furnishing of On-Call Board-Up & Clean-Up Of Unsafe Properties (the “Services”) for the City of Modesto, Police Department, Code Enforcement Division.

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

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

PROPOSER CONFERENCE: A Pre-Proposal Proposer conference is scheduled for Tuesday, January 14, 2025, 1:00 p.m. (Pacific Time) via:

Microsoft Teams Need help?
Join the meeting now
Meeting ID: 237 325 813 000
Passcode: YD3f9g5a
Dial in by phone:
+1 469-998-7409,,931896428# United States, Dallas
Find a local number
Phone conference ID: 931 896 428#
Each Proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to February 4, 2025, at 11:00 A.M., at which time Proposals will be opened and recorded. All Proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Proposals will be received only at the address shown above, and prior to the time indicated. Any Proposal 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 Proposer unopened.

All Proposals, whether delivered by an employee of the Proposer, 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 Proposals. The City of Modesto assumes no responsibility for delay in the delivery of the Proposal. Proposals will not be accepted by email or facsimile.

On the outside of the Proposal envelope and courier envelope, if any, the Proposer shall indicate the following:
#12..
- 473 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
“NAME AND ADDRESS OF PROPOSER
PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS # 2324-101 PROPOSAL OPENING DATE: FEBRUARY 4, 2025, AT 11:00 A.M.” Proposer must deliver your Proposal by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK

CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95354
DELIVER/ COURIER TO: CITY CLERK

CITY OF MODESTO
1010 10TH STREET,
SUITE 6600
MODESTO, CA 95353
The City reserves the right to reject any or all Proposals or to waive any informalities or minor irregularities in a Proposal.

No Proposer may withdraw its Proposal for a period of one hundred twenty (120) days after the date set for the opening thereof.
#12..
- 474 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

CALENDAR OF EVENTS
Event Date
RFP Issued January 2, 2025
Proposer conference January 14, 2025, at 1:00 p.m.

Written Questions Due via Email January 14, 2025
Addendum Issued (if required) January 21, 2025 (approximate date) Proposal Due Date & Time PRIOR 11:00 A.M. on Tuesday, February 4, 2025 Contract Award Approximately June 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 RFP (“City Contact”) by the date listed in the CALENDER OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Proposers. All contact between Proposer and the City regarding the Proposal process shall be through the City Contact. Attempts by the Proposer to contact other City personnel regarding this RFP and associated process may result in disqualification of the Proposer. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

PROPOSER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Proposer to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Proposer agrees to and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a Proposal.

By the submission of a Proposal, the Proposer 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
Proposer agrees that any agreement resulting from City’s acceptance of its Proposal, together with the terms in any City agreement and associated specifications provided by the City to Proposer therewith, shall comprise the entire agreement between City and Proposer. Moreover, Proposer agrees that any additional or contrary terms contained in Proposer’s acknowledgement of, shall be null and void. #12..
- 475 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

VIRTUAL BID OPENING
The City of Modesto will be broadcasting Proposal openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, February 4, 2025. The City Clerk Record of Proposal document should be available on Planet Proposals by the end of the same day.

The public Proposal opening for this Invitation for Proposals will be available using the URL link containing the Number and Title of the Proposal on the cover page, provided below. By submitting your Proposal for the above-stated RFP you acknowledge, understand, and agree to this modified Proposal 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.
#12..
- 476 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

GENERAL PROPOSAL REQUIREMENTS
A. PROPOSAL SUBMITTAL: Proposers should submit two “inked” (preferably blue ink) signed original Proposal documents, plus one copy of the signed original Proposal document, and one electronic copy submitted via USB. The original Proposal document shall be clearly marked.

Photocopies do not constitute an original Proposal. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL PROPOSER INFORMATION: It is the responsibility of the Proposers to identify information in their Proposal 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. PROPOSER COSTS INCURRED IN RESPONDING TO RFP: All costs associated with the preparation and submission of a Proposal shall be borne by the Proposer.

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

Failure to comply with this provision may deem the Proposal 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 services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS: An agreement shall be awarded to the Proposer whose Proposal 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 Proposals or to waive any informalities or minor irregularities in a Proposal.

F. COMPLETE PROPOSAL DOCUMENT: The following forms constitute the makeup of a complete Proposal document and shall signed wherever indicated and be submitted to the City in the order listed:
• Proposal Form A – RFP Acknowledgement
• Proposal Form B – Proposer Company Information
• Proposal Form C - Pricing Schedule
• Proposal Form D - Proposer Exceptions, Clarifications, Amendments • Proposal Form E - Proposer Customer References
• Proposal Form F - Financial Interest Disclosure
• Proposal Form G - Proposer Company History Statement
• Proposal Form H – Proposer Financial Statements
• Proposal Form I – Addenda Acknowledgement
• Proposal Form J – Proposer Warranty Statements
#12..
- 477 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
• Proposal Form K – Proposer Experience and Certifications • Proposal Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Proposer cannot comply with a specification requirement in this RFP, 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 Proposer is not in compliance with the specification, the Proposal may be rejected.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required services shall be included in Proposal pricing, along with Proposer’s profit margin and any other cost factors.
• Unless otherwise stated, the Proposer 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.
• Proposer shall use the pricing schedule provided in this RFP to present Proposal pricing.

No other form or format shall be accepted. Proposal 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 AGREEMENT:
• The City may award one or more agreements to one or more Proposer 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 Proposals received fail to meet the City’s requirements.
• The City reserves the right to select that Proposal, which best suits the City’s needs. Price is only one factor that will be considered by the City when awarding an agreement.

Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Proposer 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.
#12..
- 478 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
• The City will appoint a selection committee to evaluate each Proposer’s submitted Proposal. The City will evaluate Proposals on a 100-point scale based upon the following weighted scoring:

Evaluation Elements Scoring Method
Experience and Expertise Numerical Score
Reputation and References Numerical Score
Response Time and Availability Numerical score
Cost and Pricing Structure Numerical score
Total: Maximum Points:

J. INDEMNITY: Proposer, if awarded an agreement, 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 Proposer, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Proposal, except for claims arising from the willful or active negligence of the City. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Proposal for Proposer 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 is apportioned to Contractor in accordance with the provisions contained in indemnity.
#12..
- 479 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
K. PROPOSER REPRESENTATION: Proposer represents that:
• Proposer 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. • Proposer has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work. • Proposer will complete the proposed services for the compensation stated in any resultant agreement.
• Proposer assumes full and complete responsibility for all conditions relevant to the proposed services and all risks in connection therewith. • Proposer represents that it is fully qualified to perform the proposed services in accordance with the terms of any resultant agreement within the time specified therein.

L. PROPOSAL PROTEST AND APPEAL PROCEDURES: Proposers 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.
"Proposal" 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 an Interested Party may lodge a protest.

Protest Procedures
• Only a Proposer who has actually submitted a Proposal is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Proposer may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
#12..
- 480 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
• 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. • The protest shall be delivered or sent by registered mail and received 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 under protest by name, Request for Proposal (RFP) or Request for Proposal (RFP) number, and Proposal/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.
• Proposal Protests: A Proposer 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
#12..
- 481 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the further decision of the Director of Finance decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten 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 fifteen 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
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
#12..
- 482 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 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 #12..
- 483 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
expenditures of Federal funds shall have the right to appeal against the City Council decision directly to the federal agency as described herein. #12..
- 484 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL SUBMITTAL CHECKLIST

PROPOSAL SUBMITTAL CHECKLIST
The Proposer shall provide a complete Proposal in a sealed envelope by the required deadline on the Proposal Opening Date. Failure to provide all the required documents may cause the Proposal to be considered non-responsive.

Proposer’s Proposal must contain the following applicable elements completed and signed wherever indicated and submitted as described more-fully herein. The following checklist is provided solely for Proposer’s use in reviewing the completeness of your submission:

COMPLETE PROPOSAL ELEMENTS √
Proposal Form A - RFP Acknowledgement
Proposal Form B – Proposer Company Information
Proposal Form C - Pricing Schedule
Proposal Form D – Proposer Exceptions, Clarifications, Amendments Proposal Form E – Proposer Customer References
Proposal Form F - Financial Interest Disclosure
Proposal Form G – Proposer Company History Statement
Proposal Form H – Proposer Financial Statements
Proposal Form I - Addenda Acknowledgement
Proposal Form J – Proposer Warranty Statements
Proposal Form K – Proposer Experience and Certifications Proposal Form L - Subcontractor List

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

#12..
- 485 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM A - RFP ACKNOWLEDGEMENT
The City is soliciting Proposals from qualified firms (each a “Proposer” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Request for Proposals (“RFP”). This Proposal Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Proposal response. Obligations assumed by such signature will include the following:

1. Preparation of Proposals: (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 Proposal. (b) Quote price as specified in Proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.

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

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, 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 Proposal. (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 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 Proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any Proposal. (b) Proposals are subject to acceptance by the City at any time within 90 days of opening, unless otherwise specified in the RFP.

A Proposer shall not change its Proposal within such time frame (c) A valid contract based on the sample agreement attached to the RFP and the Proposal shall be mailed, or otherwise furnished, to the successful Proposer within the time for acceptance specified, and such contract shall be a binding contract 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: Proposers 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.

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 Proposer’s expense.
#12..
- 486 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

7. Rights and Remedies of City’s for Default: (a) In the event any item furnished by the Proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Proposer with its Proposal, the City may reject the same, and it shall thereupon become the duty of the Proposer 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 Proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to Proposer, or send an invoice to the Proposer 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 Proposer 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 Proposer. (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: Proposer 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 Proposer’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 RFP.
(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 Proposal to a public purchasing body, the Proposer offers and agrees that if the Proposal is accepted, it will assign to the purchasing body #12..
- 487 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 goods, materials, or services by the Proposer for sale to the purchasing body pursuant to the Proposal. Such assignment shall be made and become effective at the time of the purchasing body tender’s final payment to the Proposer.

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 in under a contract or purchase order resulting from this Proposal.

11. One “Inked” Signed Original Proposal Documents Requested: Failure to furnish at least one (1) “inked” signed original Proposal documents may result in disqualification. These should be accompanied by one (1) copy of the documents and one (1) electronic copy on a USB drive.

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

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

Proposer Company Name:

Proposer Headquarters Address:

City/State/Zip:

Signature/Title/Date:
#12..
- 488 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PROPOSAL FORM B – PROPOSER COMPANY INFORMATION
A. Proposer Company Full
Legal Name
B. Proposer 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 Proposer
Officers:

J. Years in Business:

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

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
#12..
- 489 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Proposer to perform the required services shall be included in Proposal pricing. Proposal 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 Proposal Form D – Exceptions, Clarifications, Amendments.

ITEM DESCRIPTION UOM PRICING
SECUREMENT – TIME AND MATERIALS
Door, 4' x 8' max EA
Double Door, 8'x8' EA
Window < 4' x 8' (to include all sizes under 4' x 8') EA Window < 8' x 8' EA
Window > 8' x 8' (to include all sizes over 8’ x 8’) EA Crawl Space Opening EA
Exterior Basement Door, 6' x 7' Using 3/4" Material EA
Single Car Garage Door EA
Double Car Garage Door EA
Sliding Glass Door 6' max EA
Sliding Glass door > 6' EA
Wood Basement Door 6' x 5' EA
Wood Front Double Entry Doors EA
Garage Pedestrian Door EA
Under Floor Vents EA
Attic Vents EA
Chain link fencing securement – per linear foot EA
Wood fencing securement – per linear foot EA
After Hours Building Securement – 5:00 p.m. to 8:00 a.m. HOUR After Hours Minimum per job - ________ (number of hours) EA Securement Subtotal $
#12..
- 490 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Additional Services Offered (please describe):
$_____________________
/UOM_________________
Additional Services Offered (please describe):
$_____________________
/UOM_________________
Additional Services Offered (please describe):
$_____________________
/UOM_________________

ITEM DESCRIPTION UOM TOTAL PRICE

PROPERTY CLEAN-UP
Remove Garbage, Junk, Debris, Weeds and Shrubbery, etc. (hourly rate) HOUR Standard Dump Fees (cost per ton) TON
Additional Fees for Removal of Bulky Items and/or Hazardous Materials (e.g. furniture, appliances, tires, paints, batteries, etc.)
(based upon actual costs)
JOB
Total from Securement and Property Clean-Up During Normal Business Hours Monday – Friday 8:00am to 5:00pm JOB
#12..
- 491 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Payment Terms:

Check which of the following payment terms/methodology Proposer accepts (a description of each can be found in Proposal Form A – RFP 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, Proposer’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ______________________________
• Option B 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 RFP and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this RFP and these Proposal documents, for the pricing indicated on the Pricing Schedule.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
#12..
- 492 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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

Nonetheless, Proposer may request Proposal clarifications and exceptions below, if any, sign and submit with your Proposal response. Any requested exception, clarification or amendment may not be accepted and may deem the Proposer as non-responsive.

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

Name of Proposer Signatory:

Signature of Proposer Representative:
#12..
- 493 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar types of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers 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 Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’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:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
#12..
- 494 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 $
#12..
- 495 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract awarded to result from this RFP process and Proposer’s submission of a Proposal 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 Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Proposal 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
Proposer shall identify any person with a financial interest in the Proposer 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 Proposer 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 Proposer 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 Proposer 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.

Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
#12..
- 496 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
#12..
- 497 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT
Company History Statement - Proposer 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 Proposals (RFP).

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

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

Insert Proposer Company History Overview Statement Beginning Here:
#12..
- 498 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:

Financial Stability:

City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.

A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal if such inability exists.

One complete set of Financial Statements shall be submitted within two (2) business days of City request.

Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier, or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Holly Gonzales at (209)341-2908, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City.

CITY OF MODESTO, PURCHASING DIVISION
1010 10TH STREET, SUITE 5300
ATTN: HOLLY GONZALES
RFP 2324-101 ON-CALL BOARD-UP CLEAN-UP OF UNSAFE PROPERTIES SERVICES MODESTO, CA 95354
By signing this document, I confirm that I understand the financial statement requirements as set forth above.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative: __________________________________________________ #12..
- 499 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the RFP period, Proposer is responsible for regularly checking the City of Modesto’s Planet Proposal website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the RFP number listed on the Cover Page and in the header of each subsequent page of this RFP, and in any event, no later than the day prior to Proposal opening.. The changes identified in any addenda issued will modify this RFP and specifications. The addenda now become a part of this RFP and Proposer’s resultant Proposal. Signing the Proposal on the signature portion thereof, the Proposer is acknowledging that the Proposer has confirmed that it has received all addenda issued for RFP and has included costs for such in the Proposal submitted. Failure to list and acknowledge all addenda numbers may cause Proposer’s Proposal to be considered nonresponsive.

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

If no addenda have been issued against this RFP solicitation, Proposer may write “Not Applicable” and return this Proposal Form as part of its submission. Alternatively, Proposer may leave this Proposal 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 Proposal is submitted with respect to the changes to the RFP included in addenda numbers:

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

Proposer Company Name:
#12..
- 500 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer 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 RFP.

Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following:
performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies, or services covered in this Proposal, Proposer 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.

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

Insert Proposer Warranty Statement Beginning Here:
#12..
- 501 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS Proposer 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 RFP:
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 Proposal 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: Proposer shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #12..
- 502 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The Modesto Police Department's Code Enforcement Unit is in need of an On-Call Contractor(s) for Boardup/clean-up of nuisance and unsafe properties. It will be the CONTRACTOR’s responsibility, without further direction from the CITY, to meet all requirements in this agreement. Specific site requirements, time periods and schedules will be specified for each job required by the CITY. The CONTRACTOR shall be required to perform and complete the proposed work in a thorough and professional manner, and to furnish and provide all of the labor, tools, implements, equipment, materials and supplies necessary to complete the project.

1.2 TECHNICAL SPECIFICATIONS
A. All windows and doors shall be secured.

B. All openings, except the front door, shall be secured as per section “1.4 BUILDING SECUREMENT SPECIFICATIONS” upon CITY official approval. Openings are to be recessed where applicable 1/8" maximum gap at all edges with one continuous piece of plywood when possible.

C. All plywood shall be 5/8" or OSB 9/16" except the security door which shall be 3/4" or 9/32" plywood.

D. All screen inserts, sashes or windowpanes are to be removed, marked as to location, and stored in a safe area on edge and braced to prevent accidental tipping or slicing. DO NOT STORE FLAT. Openings 30" high or less may be secured with one (1) 2 X 4 and two (2) bolts.

E. All bolts securing the 2 X 4’s must be tightened carefully to be snug, but not crushing the interior finishes. The purpose of double nuts is to tighten them against one another as tightly as possible.

F. If the dwelling has decorative items adjacent to the opening, such as surface applied shutters, etc.; that are easily removed; carefully remove them and place them inside the house.

G. All junk and debris are to be placed on the interior of the structure being secured. All raw garbage shall be disposed of appropriately.

H. All grass and weeds are cut to minimum height.

I. Secure entrance gates to fences surrounding pools with a lock or padlock and chain when no lock is present.

J. Replace any damaged or missing boards or sections of fence surrounding pools.

K. Contact the Eastside Mosquito Abatement District at (209) 522-4098 to abate mosquito problems.

L. All locks are to be keyed by CITY building maintenance so one key unlocks all locks. Police standard is AA8.

Exterior attic or sub-area access panels in the main house and garage leading into the main house shall be secured by nailing a piece of plywood into the joists only, with a minimum of four (4) 16d box or common nails.

RESPONSE TIMES
Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 2 to 4 hours
#12..
- 503 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

1.3 GENERAL REQUIREMENTS:

A. Equipment billed, as part of the job, shall be paid based on the equipment run time hours only. The Contractor shall supply the starting and ending run time hours for each piece of equipment used in performing the job.

B. The Contractor shall be responsible for all work and safety requirements at the job site. The Contractor shall comply with all City of Modesto standard operating procedures.

C. Upon award of agreement pricing for each job shall include all labor, parts, materials, supplies, equipment, vehicles, fuel, and insurance necessary to perform the required work. The City of Modesto shall not pay separately for any overages above the proposal price unless pre-approved and authorized in writing by the Director of Finance or designee.

#12..
- 504 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

1.4 BUILDING SECUREMENT SPECIFICATIONS
Section 1. Standard Securement
A. Set plywood flush with brick molding on hinge side.

B. Lap plywood over molding on lock side.

C. Fit the edges as close as practical.

D. The security door shall be 3/4" plywood.
#12..
- 505 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
E. Hinges shall be 6" “extra heavy tee.”
F. The latching/locking mechanism shall be two, 8" x 12" flat tee straps with 2" x 6" backing and five-pin, 3/8" hardened steel shackled padlocks.

G. The front door shall be secured as per the “front door detail” for either masonry or frame exterior walls.

H. The tee portion of the hinge shall be fastened with 1-1/2" screws to the jam. Pilot holes must be drilled as not to split the jam.

I. The tee strap shall be nailed through the door strap and jam, just large enough for the strap leg, and then reinforce both outer edges of the slot with flat straps (minimum 1" X 8") fastened with carriage bolts.

J. If the door jam is loose and has applied strap, remove the strap and re-nail the jam with 16d cut or box nails, as appropriate, located so that the new strap will cover the nails.

Section 2. Advanced securement option - Securement per Section 1 except for the following:

FRONT DOOR DETAIL
A. The use of two, back-to back sheets of plywood and 2” screws at all openings Section 3. Polycarbonate Option – Securement per Section 1 except for the following:

A. Use of Sheet 0.177 inch (3/16”’ nominal) recycled polycarbonate material (Lexan) or a manufacturers product (Invisiboard, Secureview, or equal), in lieu of plywood, installed per listing. Sheeting would not need painting.

B. Use of high-density polyurethane 1” x 1.5” nominal minimum thickness beam or manufactured beam (Invisiboard, Secureview or equal, installed per listing) for the backing.

Section 4. Property Clean Up and Yard Refuse Pickup and Removal Services:

A. Contractors shall pick up and remove all trash and debris located on the designated property to an approved location.

B. Contractor shall not be responsible for any debris, trash or furniture located within the structure and not visible after the structure is secured.

C. Contractor shall knock down and clear all weeds from the property.

D. Contractor shall cut or trim any lawn, weeds, trees, or shrubs to a minimum height and remove their clippings to an approved location.
#12..
- 506 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Upon the completion of the work at addresses indicated on the work list, the CONTRACTOR shall indicate the date completed in the right-hand column of the list. If there were any changes to the list (verified by the CITY staff personnel), the subject changes shall be indicated on the work list.

The CONTRACTOR will be responsible for repairs of all damage to private or public property caused during the performance of the work. Included will be the repair of irrigation or other lines not identified by the Underground Service Alert (USA) requests, lines beyond CITY infrastructure and considered private such as potable water lines connected to meters or valves, ruts, depressions, broken windows caused by flying debris, and breaking or chipping of hardscapes by machinery.

1.5 WORK SCHEDULE:

A. Work shall be scheduled through the Modesto Police Department Code Enforcement Unit Administrative Office Assistant. Each day the Contractor shall work on a specific site until the job is completed.

B. All work shall be performed Monday through Friday during normal business hours, excluding all major holidays. CITY staff may be present while contract work is performed. Arrangements can be made if necessary to work after hours with prior authorization from the Code Enforcement Unit.

C. Contractor shall be able to respond to the CITY’S request for After Hours Building Securement per Bid Form C – Pricing Schedule.

1.6 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Proposer 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 Proposer shall maintain a City of Modesto business license for the duration of the agreement.

1.7 TERM OF AGREEMENT:

The term of the agreement shall be for a period of two 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 RFP.

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 Consultant(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

C. Price adjustments for diesel fuel fluctuations may be considered. A Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

1.8 ADDITIONAL AND EMERGENCY PROTECTION:

Whenever, in the opinion of the City Representative, the CONTRACTOR has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may #12..
- 507 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
provide suitable protection with or without first notifying the CONTRACTOR. The cost and expense of such protection provided by the CITY shall be borne by the CONTRACTOR. The CITY shall deduct the cost of such protection from any monies due or to become due to the CONTRACTOR.

1.9 BARRICADES:

The CONTRACTOR shall place barricades and/or safety ribbon as necessary to restrict access to the work areas. The CONTRACTOR shall be responsible for maintaining access control of the work areas from the time work begins until the time the work site is returned to its pre-project condition, including paving and cleanup.

The CITY shall be responsible for clearing the area of vehicles before the CONTRACTOR begins job.

1.10 CLEAN UP:

Prior to requesting a final inspection, the CONTRACTOR shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the CONTRACTOR’s work from the work site and shall dispose of all materials and debris in a proper manner. The work site shall be left clean and neat.

1.11 DISPOSAL OF MATERIALS:

The CONTRACTOR shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations, or ordinances. If requested by the CITY, CONTRACTOR shall furnish proof of disposal.

1.12 CONTRACTOR’S RESPONSIBILITY FOR WORK:

Until the formal acceptance of the work by the City Representative, the CONTRACROR shall be responsible for and have care, custody, and control of the work and of the parts, materials, and equipment to be used therein, including parts, materials and equipment delivered to the work site. The CONTRACTOR shall bear full risk of loss, injury, or damage to any part of the work and parts, material, or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The CONTRACTOR shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts, or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the CONTRACTOR of his/her responsibility for the work or parts and materials as specified on the work request.

The CONTRACTOR shall be responsible for and remedy all defects arising from faulty, improper, or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The CONTRACTOR shall be responsible for any damage his/her activities cause to adjacent public or private property. The CONTRACTOR shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.13 CHARACTER OF WORKERS:

If any person employed by the CONTRACTOR fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any CITY job.
#12..
- 508 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

1.14 LABOR FORCE AND SUPERVISION:

The CONTRACTOR shall always provide sufficient labor to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The CONTRACTOR shall ensure that supervision is always provided while any work under this agreement is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.

1.15 DELAY BY THE CITY:

Any act or omission of any kind by the City of Modesto, its officers, agents, or employees, which causes the CONTRACTOR delay in the completion of the work shall be grounds for extension of time on the part of the CONTRACTOR to complete the work but shall give the CONTRACTOR no damages for such delay.

1.16 CODE ENFORCEMENT UNIT ADMINISTRATIVE OFFICE ASSISTANT:

Work under any resulting agreement shall be performed under the general technical guidance and direction of the Modesto Police Department Code Enforcement Unit Administrative Office Assistant. The Administrative Office Assistant 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 the contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.
#12..
- 509 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

SAMPLE ANNUAL AGREEMENT - 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:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the ON-CALL BOARD-UP CLEAN-UP OF UNSAFE PROPERTIES 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 ON-CALL BOARD-UP CLEAN-UP OF UNSAFE PROPERTIES SERVICES to CONTRACTOR SERVICES as described in RFP 2324-101, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
#12..
- 510 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 in the Bid attached hereto as Exhibit B.
#12..
- 511 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

AGREEMENT PRICING

ITEM DESCRIPTION UOM TOTAL PRICE

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

2. CITY REPRESENTATIVE:

CITY Representative: Tom Fara, [email protected], (209) 353-5070 Purchasing Representative: Holly Gonzales, [email protected], (209) 341-2908 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 Representative is:

4. TERM OF AGREEMENT:

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

Year 1: MONTH, DAY, 2025 through MONTH, DAY 2026
Year 2: MONTH, DAY 2026 through MONTH, DAY 2027
Year 3: MONTH, DAY 2027 through MONTH, DAY 2028
#12..
- 513 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Pricing as set forth in Section 1.e. above shall remain firm for the first year of the AGREEMENT.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. 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 limits shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
#12..
- 514 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to 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 the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
#12..
- 515 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

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 [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

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, #12..
- 516 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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:

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. 2324-101;
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
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; #12..
- 518 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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.

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES 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:

14. ASSIGNMENT OF RIGHTS:

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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:

17. 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.
#12..
- 521 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

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.

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:

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 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.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 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. #12..
- 524 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

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 the 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 proposal 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 proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver 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:

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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, (CONSULTANT),
a municipal corporation a California corporation*

By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
Date: _______________________________
ATTEST:

By: __________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk

(SEAL)

APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
#12..
- 526 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Exhibit C:

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

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
#12..
- 527 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. 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.

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

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

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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.

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
#12..
- 529 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL SUBMITTAL CHECKLIST

#12..
- 530 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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

Proposer Company Name:

Proposer Headquarters Address:

City/State/Zip:

Signature/Title/Date:

L.S. Construction and Design, Inc
15808 Midway Rd
Los Banos Ca 93635
CFO 02/03/2025
#12..
- 533 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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 Proposer
Officers:

J. Years in Business:

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

L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):

L.S. Construction and Design, Inc
N/A
California
15808 Midway Rd
Los Banos Ca 93635
N/A
Maria E Castro
CFO
(209) 402-7206
(209) 402-7206
P.O. Box, Los Banos Ca 93635
N/A
[email protected]
81-4568352
N/A
Maria E Castro CFO
Lionel Salinas CEO
10 years
15808 Midway Rd, Los Banos Ca 93635
Lic. 1308280
#12..
- 534 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Additional Services Offered (please describe):
$_____________________
Additional Services Offered (please describe): /UOM_________________ Additional Services Offered (please describe):
$_____________________
/UOM_________________

ITEM DESCRIPTION UOM TOTAL PRICE

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
Payment Terms:

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

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:

L.S. Construction and Design, Inc
Maria E Castro
#12..
- 537 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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

Name of Proposer Signatory:

Signature of Proposer Representative:

L.S. Construction and Design, Inc
Maria E Castro
Not Applicable
#12..
- 538 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Properties 152, LLC
1350 E Pacheco Blvd Ste B188
Los Banos Ca 93635
Abel Molina
[email protected]
(209) 752-7888
Priate owned- Real Estate Invetors- Fix and Flip
10/2020 to current
500,000.00 approx.

Wedgewood Inc.
2015 Manhattan Beach Blvd Ste 100
Redondo Beach, Ca 90278
Chelsy Salinas
[email protected]
(209) 509-8923
Private Owned- Real Estate Invetors- Fix and Flip
01/2015 - current
1,500,000.00 aprox.

Cen Cal Developents, LLC
1613 Crescent Dr
Modesto, Ca 95355
Hugo Landa
[email protected]
(669) 251-5805
Private owned- construction
12/21 to current
#12..
- 539 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
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 $
Waste hauling and remoal
250,000.00
#12..
- 540 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer 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.

10.03(h) are satisfied.

Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
Not Applicable
#12..
- 541 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:

L.S. Construction and Design, Inc
Maria E Castro
#12..
- 542 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

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

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

Insert Proposer Company History Overview Statement Beginning Here:

L.S. Construction and Design, Inc
Please see attached:
#12..
- 543 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:

Financial Stability:

One complete set of Financial Statements shall be submitted within two (2) business days of City request.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative: __________________________________________________ L.S. Construction and Design, Inc
Maria E Castro
#12..
- 544 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES

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

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

The Proposal is submitted with respect to the changes to the RFP included in addenda numbers:

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

Proposer Company Name: L.S. Construction and Design, Inc Addendum #1
#12..
- 545 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

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.

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

Insert Proposer Warranty Statement Beginning Here:

Maria E Castro
L.S. Construction and Design, Inc., we stand behind the quality of our work. We offer a one-year warranty on labor and materials for all completed projects, in accordance with California state standards. This warranty covers defects in workmanship and materials under normal use and conditions.

If any issues arise due to faulty labor or defective materials within the warranty period, we will repair or replace the affected areas at no cost to the client. This warranty does not cover damage caused by misuse, neglect, natural disasters, or unauthorized modifications.
#12..
- 546 -
REQUEST FOR PROPOSALS # 2324-101

ON-CALL BOARD-UP & CLEAN-UP OF UNSAFE

PROPERTIES SERVICES
PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS Proposer 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 RFP:
i.
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 Proposal 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: Proposer shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein.

Identify key personnel and their position within your organization. #12..
- 547 -
#12..
- 548 -
#12..
- 549 -
#12..
- 550 -
#12..
- 551 -
#12..
- 552 -
#12..
- 553 -
#12..
- 554 -
#12..
- 555 -
#12..
- 556 -
#12..
- 557 -
#12..
- 558 -
#12..
- 559 -
#12..
- 560 -
#12..
- 561 -
#12..
- 562 -
#12..
- 563 -
#12..
- 564 -
#12..
- 565 -
#12..
- 566 -
#12..
- 567 -
#12..
- 568 -
#12..
- 569 -
#12..
- 570 -
#12..
- 571 -
#12..
- 572 -
#12..
- 573 -
#12..
- 574 -
#12..
- 575 -
#12..
- 576 -
#12..
- 577 -
#12..
- 578 -
#12..
- 579 -
#12..
- 580 -
#12..
- 581 -
#12..
- 582 -
#12..
- 583 -

!"#$% &'#( )$'*+(,%'-&$&")$.+'$(/'-)'$!"-0)$(-)+# -/'$ -0"&1'#'2,'-)'-'/) #3."# 4#",")'#&",'#."#%&1'#'*+(#'0)'#5(/')1 !'(-/+0'0(-4#",") ,#(/-674#",") %+)&!')+!%(&'0"- &1'!'"84#(/-69/1'0+',#"5(0'07:" &'# &("-)1"+0!'% 0'&"&1',#(/-6)/1'0+'7 -3'2/',&("-)$
%'-0%'-&)"# 0;+)&%'-&)1"+0!'-"&'0"-4#",") <"#%=>?2/',&("-)$@ #(./ &("-)$ %'-0%'-&)7

="#$BC2DC% 2 ?

="+!'="#$DC2DC ?

E(-0"8FBC2DCG&"(-/+0' )(H')+-0'#BC2DCI ?

E(-0"8FDC2DC ?

E(-0"8JDC2DCG&"(-/+0' )(H')"5'#DK2DKI ?

@# 89, /'L,'-(6 ?

?2&'#("#M )'%'-&="#$NC2OCP)(-6QRBST &'#( ?

9(-6'@ #U #6'="# ?

="+!'@ #U #6'="# ?

9(0-6U )="#NC% 2 ?

9(0-6U )0"#JNC ?

E"0M )'%'-&="#NC2VC ?

E"0<#"-&="+!'?-&#3="#) ?

U #6'4'0')&#( -="# ?

P-0'#<"#W'-&) ?

&(/W'-&) ?

@1 (-(-X.'-/(-6)'/+#'%'-&>,'#(-' #."& ?

E"0.'-/(-6)'/+#'%'-&>,'#(-' #."& ?

.&'#Y"+#)M+(0(-69'/+#'%'-&>VZ[,7%7&"DZ[ 7%7 YLP\

.&'#Y"+#)T(-%+%,'#;"!]^ G-+%!'#".1"+#)I ?

_`ab_c_deafeghij
$450.00
$650.00
$325.00
$450.00
$800.00
$175.00
$350.00
$600.00
$850.00
$450.00
$650.00
$450.00
$600.00
$450.00
$200.00
$300.00
$30.00
$20.00
$250.00
2 $9,225.00
#12..
- 584 -

!"#$%&
'$()*$%
+,"$!($
$('%
-$./

01 23)41

!"#$%&
'$()*$%
+,"$!($
$('%
-$./

01 23)41

!"#$%&
'$()*$%
+,"$!($
$('%
-$./

01 23)41

5
5

7$8&$9!%-!:$;<= >;?$-%
(;@$
(!
#A%=-$%B;$
'C+A=%"B%!
$. D)37
#
!
!%
?=8,E$(+'(
,$%
. F)G

!"E$(*%7$8&!"*H=">BI
$8(!
2%D!J%
=(4!
$%
!"(+$C:*=%

=%$;
!,"
! '$(;

%$(;,!

(;-!
$%
$(;$
'C.
+-!($
=, !'
=!"'(
.
<)H

F
!"*%8#$'=%$8$
!
K%,$%
BL"$! M3,?=%
:G%8!"H=(
$(D=%(4
!BN
E%

!BO/P!8
Q/P,8 <)H
$200.00
Reimbursed at actual cost (Dump receipt
provided)
Actual Cost + 25% Coordina̬on fee
Framing
$200.00
Hour
Exterior/interior paint
$200.00
Hour
Electrical and Plumbing
$350.00
Hour
#12..
- 585 -
#12..
- 586 -
#12..
- 587 -
California Levine Act Disclosure
California Government Code SecƟon 84308, also known as the "Levine Act", prohibits City “oĸcers” from parƟcipaƟng in any acƟon related to a license, permit, or other enƟtlement for use (a “proceeding”) if such member accepts, solicits, or directs poliƟcal contribuƟons 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 contribuƟon by a party to the proceeding.

SecƟon 84308(a)(4) of the Levine Act deĮnes an "oĸcer" as follows: “Oĸcer” means any elected or appointed oĸcer of an agency, any alternate to an elected or appointed oĸcer of an agency, and any candidate for elecƟve oĸce in an agency. The term “oĸcer” is further deĮned 2 Cal. Code Regs. SecƟon 18438.1, which states:

An oĸcer of an agency includes only those persons who make, parƟcipate in making, or in any way aƩempt to use their oĸcial posiƟon to inŇuence a decision in the license, permit, or enƟtlement for use proceeding, or who exercise authority or budgetary control over the agency of oĸcers who may do so, and:
(1) Serve in an elected posiƟon, including an oĸcial appointed to an elected posiƟon due to an interim vacancy or an elecƟon otherwise canceled because the oĸcial was the sole candidate for the posiƟon; (2) Serve as a member of a board or commission;
(3) Serve as the chief execuƟve 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 enƟtlement for use and is also a candidate for elected oĸce or has been a candidate for elecƟve oĸce in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council hƩps://modestogov.com/706/Council-Members (modestogov.com). The party making this cerƟĮcaƟon is responsible for determining whether a recipient of a poliƟcal contribuƟon is a City oĸcer prior to answering the following quesƟons:

1. Have you, your company, or any agent on behalf of you or your company, made any poliƟcal contribuƟons of more than $500 to any City oĸcer, in the twelve (12) months preceding the date of the submission of your proposals or the anƟcipated date of any Council acƟon related to this contract?
___ YES If yes, please idenƟfy the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anƟcipate or plan to make any poliƟcal contribuƟon of more than $500 to any City oĸcer in the twelve (12) months following any Council acƟon related to this contract?
___ YES If yes, please idenƟfy the Councilmember(s):
___ NO
#12..
- 588 -
Answering YES to either of the quesƟons above does not preclude the City of Modesto from awarding a contract to your Įrm or taking any subsequent acƟon related to the contract. It may, however, preclude the idenƟĮed City oĸcer from parƟcipaƟng in any acƟons 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
08/20/2025
L.S. Construc̬on and Design Inc. /Maria E Castro
Maria E Castro
#12..
- 589 -
#12..
- 590 -
#12..
- 591 -

CITY OF MODESTO

COONCIL AGENDA REPORT
DATE OF MEETING:

May 5, 2026
Date: April 14, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Annual Military Equipment Report per CA Assembly Bill No. 481 CONTACT: Joseph Bottoms, Police Lieutenant, [email protected], 209-572-9500
DESCRIPTION:

Consider accepting the Modesto Police Department’s annual Military Equipment report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing purchasing additional equipment that qualifies as “military equipment” in Fiscal Year 2026-2027. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2025-2026 Strategic Plan for Governance and Service Delivery by building community trust in city government through responsive, transparent, and efficient service delivery. .

BACKGROUND:

On May 6, 2025, by Ordinance No. 3794-C.S., Council approved the Modesto Police Department’s (MPD) Military Equipment Use Policy (MPD Policy 710) per Assembly Bill 481 (AB481).1 Policy 710 requires the Modesto Police Department to submit an annual military equipment report to the City Council. The Modesto Police Department is submitting the annual military equipment report for review to ensure compliance with the Policy and requests City Council consideration to renew the ordinance as required by AB481.

Per AB481, Ordinance No. 3794-C.S., is subject to annual City Council review to determine the standards set forth in the ordinance have been met, based on an annual military equipment report. The City Council may renew the ordinance, disapprove authorization for particular military equipment where standards have not been met, or 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 #13..
- 592 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 2 of 8 ends

require modifications to the military equipment use policy to address any noncompliance with standards. Finally, AB481 requires publication of the military equipment use policy and the annual military equipment report on the Department’s website.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to AB481, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This meeting will be held on May 19, 2026, from 5 p.m.-7 p.m. at the Modesto Police Department located at 600 10th Street, Modesto. The meeting will also be streamed live on the Modesto Police Department’s Facebook account.

In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Modesto Police Department has authored the Attached 2026 Military Equipment Report in accordance with annual reporting requirements set forth in AB481. This report covers the usage and reporting requirements for the proceeding Calendar year (2025).

DISCUSSION:

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

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

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

FISCAL IMPACT:

As noted above, the Department has determined there is a need to purchase items in the coming year that fall under the Military Use Policy and Ordinance No. 3794-C.S.

The chart below outlines the items, the categories under which they fall, and the 2 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&cha pter=12.8.&article=
#13..
- 593 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 3 of 8 ends

estimated cost. If approved, items not already part of the Police Department’s Fiscal Year (FY) 25/26 and FY 26/27 operating budgets will be expended from the appropriate funding source that includes Asset Forfeiture, SLESF funds (Supplemental Law Enforcement Services Fund), and/or Police Grant Funds.

Category Item Name Purpose Qty. Estimated
Cost
Category 1:

Unmanned
Aerial
Vehicles
(UAV)
DJI Mavic 4T – UAVs are deployed when
their use would assist
officers or Incident
Commanders with the
following situations: major
collision investigations,
search for missing
persons, search and
rescue operations, crowd
control situations,
perimeter
searches/security, nature
disaster management,
crime scene
investigations/photography,
life preservation missions,
requests from partner
agencies, etc.
4 $32,000
Category
12: Flash
Bangs, Tear
Gas,
Pepper
Balls
7290 Mini
Flashbang – need
to restock current
stock
For use during SWAT
missions and training.

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
48 $2,600
5230 CTS CS Gas
Canister – need to
replenish stock
For use during SWAT
missions and training.

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
40 $2,400
5230B CTS
Canister – needed
to replenish
current stock
For use during SWAT
missions and training.

Designed to limit the
escalation of conflict and
40 $1,600
#13..
- 594 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 4 of 8 ends

improve officer safety in
high-risk situations.
6210 CTS Smoke
Canister-needed to
replenish current
stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
55 $2,200
62100 CTS Smoke
Canister- needed
to replenish
current stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
30 $1,500
6210R CTS
Smoke Canisterneeded to
replenish current
stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
30 $1,500
6210V CTS
Smoke Canisterneeded to
replenish current
stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
30 $1,500
4330 CTS 40mm
CS Liquid
Barricade Ferret
rounds
For use during SWAT
missions and training.

These discharge a volume
of smoke through multiple
emission ports. Can be
thrown or deployed farther
100 $4,000
#13..
- 595 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 5 of 8 ends

with a launching delivery
system in high-risk
situations
Category
14:

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

Less lethal munitions
designed to limit the
escalation of conflict.
100 $3,000
CTS 12GA Super
Stock Bean Bag
2581 – needed to
replenish current
stock and
conversion of
department
shotguns into less
lethal bean bag
shotguns
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
500 $3,750
CTS #6340 OC
Aerosol Canisters
Deliver an invisible OC
(Chemical Irritant) and
render temporary
respiratory effect on noncompliant subjects.
10 $450
Safariland #6064
40 MM Rubber
Baton – needed to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
15 $450
CTS 40 MM Aerial
Warning Signal
Flashbang #4090
– needed to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
20 $800
Royal Arms 12
gauge FTR-P1
Breaching
Utilized to train shotgun
breaching
50 $200
#13..
- 596 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 6 of 8 ends

Rounds- needed to
replenish current
stock
Royal Arms
TESAR-4
Breaching
Rounds- needed to
replenish current
stock
Utilized to breach class 3
heavy steel doors.
50 $425
Royal Arms
TESAR-SF Green
Cap Breaching
Rounds- needed to
replenish current
stock
Utilized to breach wood
doors, locks, and hinges
50 $300
CTS Launching
Cup- needed to
replace current
deteriorating
models
attachment that affixes to
the tip of a 12 Ga shotgun
that is used in conjunction
with launching munitions to
propel cannisters
4 $1800
Safariland/Defense
Tech #6025 40
mm Bean Bagneeded to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
12 $360
Safariland/Defense
Tech #6096 40
mm Stinger
Rubber Ballneeded to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
12 $480
Safariland/Defense
Tech #6029 40
mm Warning
Signaling Munitionneeded to
replenish current
For use during Mobile Field
Force, SWAT missions,
and training.
10 $400
#13..
- 597 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 7 of 8 ends

stock
Pepperball Live
Pava OC Powderneeded to
replenish current
stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
2000 $6000
Pepperball Inert
Powder Purple
Projectile- needed
to replenish
current stock
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
1000 $969
Estimated
Total
Tac-SA PRP
Pepperball
Launcher- needed
to replace current
deteriorating
models
For use during Mobile Field
Force, patrol operations,
SWAT missions, and
training.
2 $2700
$71,384
COMMITTEE ACTION:

This item was presented to Safety and Communities Committee on April 13, 2026, and the Committee recommended forwarding the item to the City Council for approval.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “military equipment,” in Fiscal Year 2026-2027 and rescinding Ordinance No. 3794-C.S.

Motion accepting the Modesto Police Department’s annual Military Equipment Report. #13..
- 598 -
City Council, May 5, 2026
Annual Military Equipment Report per CA Assembly Bill No. 481

Page 8 of 8 ends

Approved by:

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

1. Ordinance

2. 2026 Military Equipment Use Report

3. MPD Policy 710 – Military Equipment Use

4. Attachment A – Policy 710 – Military Equipment Inventory

5. Attachment B – Equipment Requested to Purchase
#13..
- 599 -
1 ORDINANCE NO. ________
ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY (POLICY 710) IN ACCORDANCE WITH CA ASSEMBLY BILL 481, AND APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT THAT QUALIFIES AS “MILITARY EQUIPMENT” IN FISCAL YEAR 2026-2027 AND RESCINDING ORDINANCE NO. 3794-C.S.

WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
#13..
- 600 -
2 WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval; and
WHEREAS, the Modesto City Council approved Ordinance No. 3794-C.S. on May 6, 2025 approving the MPD Military Equipment Use Policy (MPD Policy 710); and WHEREAS, the Modesto City Council has reviewed the annual military equipment report and found that each type of military equipment identified in that report has complied with the standards for approval; and
WHEREAS, MPD staff has conducted a review of the equipment needs for the department and determined that there is a need to purchase additional items that fall under the Military Equipment Use Policy and these items, their uses and cost are outlined in Attachment B; and
WHEREAS, the Modesto Police Department has held a well-publicized community engagement meeting; and
WHEREAS, AB 481 requires an annual renewal of the MPD Military Equipment Use Policy (MPD Policy 710) by ordinance, therefore staff requests Ordinance No. 3794-C.S. be rescinded with the approval of this ordinance.

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

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

1. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.
#13..
- 601 -
3 2. The City Council finds that the purchase of the requested military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; the use of the equipment under the military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

3. Ordinance No. 3794-C.S. is hereby rescinded.

SECTION 2. SEVERABILITY.

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

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

SECTION 4. EFFECTIVE DATE.

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

SECTION 5. PUBLICATION.
#13..
- 602 -
4 At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of __________, 2026, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#13..
- 603 -
5 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of, 2026, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2026
#13..
- 604 -
Modesto Police Department 2026 Military Equipment Use Report 1 2026 Military Equipment
Use Report
#13..
- 605 -
Modesto Police Department 2026 Military Equipment Use Report 2 Contents
Preface…………………………………………………………………………………………………………. 3
Summary of AB481………………………………………………………………………………………. 4
Introduction…………………………………………………………………………………………………. 6
Definitions……………………………………………………………………………………………………. 7
Summary of Military Equipment………………………………………………………………….. 10 Unmanned Vehicles (UAVs and Robots) ……………………………………………… 10 Armored Vehicles………………………………………………………………………………… 13
Command Post Vehicles……………………………………………………………………….. 15
Firearms……………………………………………………………………………………………….. 16
Flashbangs and Chemical Agents…………………………………………………………… 20 Projectile Launch Munitions and devices………………………………………………. 23 Equipment usage in 2024………………………………………………………………………………… 26 Purchase of Equipment……………………………………………………………………………………. 29 Complaints ……………………………………………………………………………………………………… 30
Policy violations………………………………………………………………………………………………. 30 Conclusion………………………………………………………………………………………………………. 30
#13..
- 606 -
Modesto Police Department 2026 Military Equipment Use Report 3 Preface
The Modesto Police Department is committed to maintaining public safety by providing the highest quality police services to the community we serve. Our Department goal is to reduce crime and the fear of crime.

The equipment listed in this annual report are essential tools that may be required from time to time to aid in deescalating intense situations or bringing volatile conditions and critical incidents to a safe resolution. The mere possession of this equipment does not warrant its use in every circumstance. With this indispensable equipment, the brave men and women of the Modesto Police Department continue to stand ready to accomplish our mission of driving the crime rate down and improving the quality of life in the City of Modesto.
#13..
- 607 -
Modesto Police Department 2026 Military Equipment Use Report 4 Summary:

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

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

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

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
#13..
- 608 -
Modesto Police Department 2026 Military Equipment Use Report 5 In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Modesto Police Department has authored the following 2026 Annual Military Equipment Report in accordance with annual reporting requirements set forth in AB-481. This report covers the usage and reporting requirements for the proceeding Calendar year (2025)
#13..
- 609 -
Modesto Police Department 2026 Military Equipment Use Report 6 Introduction:

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

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

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. This Annual Military Equipment Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, and complaints for 2025. #13..
- 610 -
Modesto Police Department 2026 Military Equipment Use Report 7 Definitions:

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

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

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

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

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

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

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

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

7. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of #13..
- 611 -
Modesto Police Department 2026 Military Equipment Use Report 8 standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

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

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

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

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

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

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

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
#13..
- 612 -
Modesto Police Department 2026 Military Equipment Use Report 9 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

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

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

6. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
#13..
- 613 -
Modesto Police Department 2026 Military Equipment Use Report 10 Summary of Military Equipment:

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

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

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

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

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

3. DJI Mavic 3T, Cost: $5,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and thermal imaging capabilities 25-30 minutes of flight time.
#13..
- 614 -
Modesto Police Department 2026 Military Equipment Use Report 11 4. DJI Mavic 4T, Cost: $9,000 Quantity: 2 Remotely operated aerial vehicles that has built in video recording and Thermal imaging capabilities.

5. DJI Avata 1, Cost $1000, Quantity: 2 Remotely operated aerial vehicle with recording capabilities. For interior use with 11 minute run time.

6. DJI Avata 2, Cost $1000, Quantity: 5 Remotely operated aerial vehicle with recording capabilities. For interior Use with 18 minute run time. b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

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

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
#13..
- 615 -
Modesto Police Department 2026 Military Equipment Use Report 12 f. Training: All UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: Use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

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

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

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high threat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a #13..
- 616 -
Modesto Police Department 2026 Military Equipment Use Report 13 given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $4,000
f. Training: All operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: Use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

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

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater #13..
- 617 -
Modesto Police Department 2026 Military Equipment Use Report 14 safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.
b. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents c. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: All Armored vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $25,000
f. Training: All drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.
g. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles. #13..
- 618 -
Modesto Police Department 2026 Military Equipment Use Report 15 1. 2000 Eagle 5th wheel trailer Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events. This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas. The areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 f. Training: All drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law #13..
- 619 -
Modesto Police Department 2026 Military Equipment Use Report 16 enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

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

1. M16A1select fire rifles. Cost: $0, Quantity:21 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live projectiles. (31) rifles were returned to the federal government as they were no longer being used for training.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course, the POST Certified 16-hour patrol rifle course or the POST certified SWAT Basic course.
#13..
- 620 -
Modesto Police Department 2026 Military Equipment Use Report 17 g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

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

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

It is the policy of the Modesto Police Department (MPD) to utilize patrol rifles only for official law enforcement purposes and in a manner pursuant to state and federal law.
a. Description, quantity, capabilities and purchase cost:
#13..
- 621 -
Modesto Police Department 2026 Military Equipment Use Report 18 1. SWAT designated firearms- Colt M4 (14), HK MP5 (6), Daniel Defense DD4R3S (24) Cost: $65,000, Quantity:44
b. Purpose: These firearms are issued to and used ONLY by SWAT team members. c. Authorized use: Only SWAT officers who have attended the POST certified SWAT Basic course will be issued a department SWAT designated firearm. d. Expected life span: 10-15 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $5,000 f. Training: Personnel issued and using these firearms have attended the POST certified SWAT Basic course. The SWAT team officers also train multiple times per month.
g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

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

1. SWAT Sniper team rifles- BCM .223(1), DPMS 308 (2), Remington 700 308 (2) rifles Cost: $5,000, Quantity:5
b. Purpose: These rifles are issued and used ONLY by SWAT team members who have been selected to the SWAT Sniper Team.
c. Authorized use: only officers assigned to the SWAT Sniper team will be authorized to use these firearms.
d. Expected life span: 10-15 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $1,000 #13..
- 622 -
Modesto Police Department 2026 Military Equipment Use Report 19 f. Training: Personnel issued and using these rifles have attended the POST certified SWAT Basic course. Sniper team members also train monthly as a unit. g. Legal procedure rules: Use is established under Department policy 312 (Firearms).

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

It is the policy of the Modesto Police Department (MPD) to utilize all firearms only for official law enforcement purposes and in a manner pursuant to state and federal law.
#13..
- 623 -
Modesto Police Department 2026 Military Equipment Use Report 20 Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant
a. Description, quantity, capabilities and purchase cost.

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

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

3. Pepper ball LIVE projectile, Cost: $2 per projectile Quantity: 200. The basic pepper ball projectile contains 2% PAVA pepper powder and are designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Pepper ball INERT projectile, Cost: $2 per projectile Quantity: 350. The basic inert pepper ball projectile contains no PAVA pepper powder and are designed for training purposes.

5. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity: 86 These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

6. Combined Tactical Systems (CTS)5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.
#13..
- 624 -
Modesto Police Department 2026 Military Equipment Use Report 21 7. Combined Tactical Systems (CTS)5230B CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

8. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 50, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

9. Defense Technology 40mm warning/signaling munition #6029WS Cost $45 each, Quantity:4. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

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

11.CTS #6210 Smoke Canister Cost: $35 each, Quantity:10 These smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the #13..
- 625 -
Modesto Police Department 2026 Military Equipment Use Report 22 escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $4,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: Use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.
#13..
- 626 -
Modesto Police Department 2026 Military Equipment Use Report 23 Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds.

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

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

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

2. Remington 870 with cup launcher attachment, Cost $0, Quantity: 3, This is a modified version of a Remington 870 shotgun system designed to launch CTS 5230B gas. No other munition besides launching cartridges and CTS 5230B gas will be launched from this platform.

3. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:300. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

4. Defense technology 40mm Single shot launcher Cost: $1000 each, Quantity:
2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).
#13..
- 627 -
Modesto Police Department 2026 Military Equipment Use Report 24 5. LMT 40mm Single shot launcher Cost: $1000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

6. CTS 40MM foam baton munition #4557 Cost $35 each, Quantity 17: These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

7. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

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

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

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified #13..
- 628 -
Modesto Police Department 2026 Military Equipment Use Report 25 Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: Use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.
#13..
- 629 -
Modesto Police Department 2026 Military Equipment Use Report 26 Equipment Usage 2025:

This section outlines the military equipment usage for 2025. Certain items of military equipment, particularly consumables (munitions, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.

MPD had (70) Operational UAV deployments (on many of the Incidents, more than one UAV was deployed to maintain overlapping coverage)
• Search Warrant/Tactical Operation Area Surveillance
• Perimeter search of wanted person where suspect was found • Perimeter search of wanted person where suspect was not found • Crime scene Aerial Photographing
• Calls related to Firearm use. Perimeter check
• Perimeter check on Alarm activations at large buildings/Schools • Area/Roof search for Evidentiary items
• Roof search for persons
• Search for missing persons
• Use during community events
• Assist to Modesto Fire Dept at scenes
There were (9) deployments of the Lenco armored vehicle. (8) deployments were for SWAT tactical operations (see information on SWAT deployments on page 28).

The other (1) deployments were for a High-Risk Incident where the incident was resolved without a SWAT activation as follows:
#13..
- 630 -
Modesto Police Department 2026 Military Equipment Use Report 27 1. A call for service reporting a male was shooting a gun and threatening a neighbor. The armored vehicle was used to serve a search warrant and take the suspect into custody.
• There were (15) deployments of the Peacekeeper armored vehicles. The deployments were for use in the “Armadillo” Program as described above on page 14.
• There were (8) deployments of the Command Post vehicles. The deployments were for SWAT tactical operations. (Incidents #1 - #8)
• There were (2) deployments of Flashbang devices by SWAT officers. The deployments were for SWAT tactical operations.
• There were () deployments of less lethal beanbag munitions. The munitions were deployed from Remington Bean Bag guns and were used as described below:
▪ TBD
• There was () deployment of Pepper ball munitions. The munitions were deployed from listed Pepper ball launchers and were used as described below:
▪ TBD
SWAT Tactical Operations- The below information is summaries of SWAT deployments where listed equipment was used:

1. Search Warrant service- Search warrant service for a subject wanted for a violent assault while possessing a firearm

2. Emergency SWAT Activation- Modesto SWAT was activated when a suspect attempted to hit an officer and an Officer Involved Shooting took place

3. Search Warrant service- Search warrants service for a subject wanted for assault with a deadly weapon and attempted murder
#13..
- 631 -
Modesto Police Department 2026 Military Equipment Use Report 28 4. Search Warrant service- Search warrant service for a subject wanted for an assault with a firearm

5. Search Warrant service- Assist to Stockton Police / Search warrant service for an outside agency homicide investigation

6. Search Warrant service- Assist to Manteca Police / Search warrant service for an outside agency attempt homicide investigation

7. Search Warrants service- Modesto Police / ATF assist for a subject involved in illegal arms trafficking

8. Search Warrant service- Assist to Ceres police for subjects involved in a homicide investigation
Purchase of Equipment in 2025:
• (1) New Lenco Bearcat G3 was purchased. This is an armored vehicle set to replace our current 2004 Lenco Bear (expiring armor rating). This purchase was completed; however the delivery is set for mid-year 2027 due to manufacturing lead times. • (48) CTS 7290 Mini Flashbangs were ordered. These are non-bursting, nonfragmenting devices that produce a thunderous bang with intense bright light.

They are ideal for distracting dangerous subjects in high risk situations. • (20) CTS 5230B Baffled Smoke Canister Grenades were ordered. This is a less-lethal gas utilized during SWAT operations and riotous situations. • (10) CTS 5230 Non-Baffled Smoke Canister Grenades were ordered. This is a lesslethal non baffled version of the CTS5230B. This is a higher concentration of gas which also burns at a higher temperature. These are utilized for SWAT operations and riotous situations.
• (10) CTS 5210 White Smoke Cannister Grenades were ordered. This is a smoke grenade utilized during operations to mask movements for safety purposes. #13..
- 632 -
Modesto Police Department 2026 Military Equipment Use Report 29 • (250) Super-Sock Bean Bag Impact Rounds were purchased. These rounds are a 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second.
• (2) DJI Matrice 4T UAV’s were purchased. These are remotely operated aerial vehicles that has video recording and thermal imaging capabilities 25-30 minutes of flight time.
• (3) DJI Avata 2’s UAVs were purchased. These are remotely operated aerial vehicles that has video recording and 15-20 minutes of flight time.

Complaints regarding use of Military Equipment:

In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of military equipment are addressed. The Modesto Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal policies for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. The following is a summary of formal investigations related to the use of military equipment as investigated by the Modesto Police Department’s Internal Affairs Unit for 2024.
• There were no complaints/investigations regarding the use of Military Equipment in 2025.

Summary and responses to Policy 710 violations:
#13..
- 633 -
Modesto Police Department 2026 Military Equipment Use Report 30 • No violations of Policy 710- Military Equipment use, were reported or known of in 2025.

Conclusion:

This Annual Military Equipment Report reaffirms the Modesto Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution. Public safety is and always has remained a shared responsibility. The strength of our Department lies not solely within the actions of the individual officer but within the resilience and willingness of our community to work in partnership with our officers to address crime in their neighborhoods.
#13..
- 634 -
Policy
710
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2026/03/12, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 1
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include items designed to remove a lock, such as bolt cutters, or a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less than.50 caliber that are issued to officers.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • "Flashbang" and explosive breaching tools.
• "Tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions: 40mm projectile launchers. "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
#13..
- 635 -
Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/03/12, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
710.2 POLICY
It is the policy of the Modesto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Modesto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

Attachment A- Military Equipment Inventory 2025
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The #13..
- 636 -
Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/03/12, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 3
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

This policy was accepted by the City of Modesto's Governing body on May 3rd, 2022. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid in accordance with Department Policy 304 to this Department and/or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). This report will be submitted annually on or before May 3rd.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which #13..
- 637 -
Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2026/03/12, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 4
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE
Department Supervisory Staff will ensure that all Department members comply with this policy.

The Internal Affairs Unit will conduct an annual audit for any non-compliance. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Unit and handled in accordance with Department Policy 1020 (Personnel Complaints) and Policy 340 (Code of Conduct). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Modesto Police Department's Internal Affairs Unit at 209-572-9500. A response to the question or concern shall be completed by the Department in a timely manner. 710.10 MILITARY EQUIPMENT USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. 710.11 REVISIONS
Adopted April 2, 2022
o Revised January 6, 2023
#13..
- 638 -
Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2025
(Categories correspond with the categories provided in Government Code Section 7070(c) #13..
- 639 -
Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

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

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

3. DJI Mavic 4T, Cost: $9,000 Quantity: 2 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities.

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

5. DJI Avata 1 with lighting equipment and controllers, Cost $1000, Quantity: 2 Remotely operated aerial vehicle with recording capabilities. For interior Use with 11 minute run time.

6. DJI Avata 2 with lighting equipment and controllers, Cost $1000, Quantity: 5 Remotely operated aerial vehicle with recording capabilities. For interior Use with 18 minute run time.
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions #13..
- 640 -

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

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

3. 4-sight 2.0 Rover unit with lighting kit and RC Motion 3 Controller, COST $4000, Quantity 1: Remotely operated ground vehicle with 25 pound payload capability. 90 minute run time.
b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater #13..
- 642 -
safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

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

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

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

G. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law. #13..
- 643 -
Category 3- None
Category 4-None
Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

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

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 #13..
- 644 -
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

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

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

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

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

4. M16A1 select fire rifles. Cost: $0, Quantity:21 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. #13..
- 645 -

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

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

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

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

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

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

Category 10- None
Category 11-None
Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant #13..
- 646 -
a. Description, quantity, capabilities and purchase cost.

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

4. Pepper ball INERT projectile, Cost: $2 per projectile Quantity: 350. Inert pepper ball utilized for training and qualification purposes.

5. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity:86. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

7. Combined Tactical Systems (CTS)5230B BAFFLED CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a lesser volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

8. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 50, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from #13..
- 647 -
confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

9. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:4. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

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

11. CTS #6210 White Smoke Canister Cost: $35 each, Quantity:10 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST #13..
- 648 -
certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $2,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 13- None
Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost. #13..
- 649 -

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

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

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

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

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

6. CTS 40MM foam baton munition # 4557 Cost $35 each, Quantity 17: These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

7. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.
#13..
- 650 -

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

10. Royal Arms TESAR-3 Breaching Round, Cost $150 per 25, Quantity 21. These munitions are 12 Ga frangible shotgun slugs utilized to breach standard construction doors. Deployed from 12 ga breaching shotgun.

11. Royal Arms TESAR-4 Breaching Round, Cost $212.50 per 25, Quantity 10.

These munitions are 12 Ga frangible shotgun slugs utilized to breach heavy/commercial construction doors. Deployed from 12 ga breaching shotgun.

12. Integral Hitch T.E.A.R. Breaching Round, Cost $200 per 25, Quantity 5. These munitions are 12 Ga frangible shotgun slugs utilized to breach standard construction doors. Deployed from 12 ga breaching shotgun. b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by 1ficers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
#13..
- 651 -
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 15- None
#13..
- 652 -
Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2025
(Categories correspond with the categories provided in Government Code Section 7070(c) #13..
- 653 -
Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

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

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

3. DJI Mavic 4T, Cost: $9,000 Quantity: 2 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities.

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

5. DJI Avata 1 with lighting equipment and controllers, Cost $1000, Quantity: 2 Remotely operated aerial vehicle with recording capabilities. For interior Use with 11 minute run time.

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions #13..
- 654 -

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

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

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater #13..
- 656 -
safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

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

G. Legal procedure rules: Use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law. #13..
- 657 -
Category 3- None
Category 4-None
Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 #13..
- 658 -
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

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

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

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

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

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

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

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

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

Category 10- None
Category 11-None
Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant #13..
- 660 -
a. Description, quantity, capabilities and purchase cost.

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

4. Pepper ball INERT projectile, Cost: $2 per projectile Quantity: 350. Inert pepper ball utilized for training and qualification purposes.

8. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 50, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from #13..
- 661 -
confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

9. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:4. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

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

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST #13..
- 662 -
certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $2,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

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

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

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

6. CTS 40MM foam baton munition # 4557 Cost $35 each, Quantity 17: These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

7. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.
#13..
- 664 -

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

11. Royal Arms TESAR-4 Breaching Round, Cost $212.50 per 25, Quantity 10.

These munitions are 12 Ga frangible shotgun slugs utilized to breach heavy/commercial construction doors. Deployed from 12 ga breaching shotgun.

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

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by 1ficers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
#13..
- 665 -
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 15- None
#13..
- 666 -
Modesto Police Department
Policy 710- Military Equipment Use
Attachment B- Request to Purchase Equipment
2026
(Categories correspond with the categories provided in Government Code Section 7070(c) #13..
- 667 -
Category 1 -
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAVs.

1. DJI Mavic 4T, Cost: $8000 Quantity: 4 Remotely operated aerial vehicle. Camera is 56x zoom, mapping system, and Thermal imaging capabilities for night operations.

Purpose: Will replace current mid-size UAVs that are “end of life”. Total cost:
$32,000.
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons.

3. Search and rescue operations.

4. Crowd control Situations.

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

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

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years.
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000.
f. Training: all UAV operators must go through in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVs only for official law enforcement purposes and in a #13..
- 668 -
manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Category 12 -
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant. a. Description, quantity, capabilities, and purchase cost.

1. 7290 Mini Flashbang, Cost: $45 each, Quantity 48. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $2,600.

2. 5230 CTS CS Gas Canister, Cost: $60 each, Quantity 40. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $2,400.

3. 5230B CTS Canister, Cost: $40 each, Quantity 40. Purpose: Needed to replenish current stock from use during SWAT missions and training. Large diameter canisters that discharge a volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $1,600.

4. 6210 CTS Smoke Canister, Cost: $40 each, Quantity 55. Purpose: Needed to replenish current stock from use during SWAT missions, Mobile Field Force, and training. Large diameter canisters that discharge a volume of white smoke through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $2200.

5. 6210O CTS Smoke Canister, Cost: $50 each, Quantity 30. Purpose: Needed to replenish current stock from use during SWAT missions and training.

Large diameter canisters that discharge a volume of orange smoke through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $1500.

6. 6210R CTS Smoke Canister, Cost: $50 each, Quantity 30. Purpose: Needed to replenish current stock from use during SWAT missions and training.

Large diameter canisters that discharge a volume of red smoke through #13..
- 669 -
multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $1500.

7. 6210V CTS Smoke Canister, Cost: $50 each, Quantity 30. Purpose: Needed to replenish current stock from use during SWAT missions and training.

Large diameter canisters that discharge a volume of violet smoke through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $1500

8. 4330 CTS 40mm CS Liquid Barricade Ferret rounds. Cost: $40 Each, Quantity: 100, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces.

The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons. Total Cost: $4000.
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage rescue, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety.

Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high-risk situations. Situations for use of Chemical agent systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercise and/or approved demonstrations.
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Pepper ball Launchers: 20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years. #13..
- 670 -
e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000.
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 14 -
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities, and purchase cost.

1. 4557 CTS 40MM foam baton, Cost: $30 each, Quantity 100. Purpose:

Needed to replenish current stock from use during Mobile Field Force, SWAT mission, and training. Total Cost: $3000.

2. CTS 12GA Super Stock Bean Bag Model 2581, Cost: $7.50 each, Quantity 500. Purpose: Needed to replenish current stock from use during Mobile Field Force, patrol operations, SWAT missions, and training. Total Cost:
$3750

3. CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:10 These canisters deliver an invisible OC (Chemical irritant) and render a Temporary respiratory effect on non-complaint subjects. These are thrown manually. Total Cost: $450

4. Safariland #6064 40MM Rubber Baton, Cost: $30 each, Quantity: 15 Needed to replenish current stock from use during Mobile Field Force, SWAT mission, and training. Total Cost: $450
#13..
- 671 -

5. CTS 40 MM Aerial Warning Signal Flashbang #4090, Cost: $40 each Quantity: 20 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation. Purpose: Needed to replenish current stock from use during Mobile Field Force, patrol operations, SWAT missions, and training. Total Cost: $800

6. Royal Arms 12 ga FTR-P1 Breaching Rounds, Cost $90 per 25, Quantity 50.

These are 12 ga breaching rounds used to train shotgun breaching.

Purpose: Needed to update and replenish current stock used during SWAT training. Rounds contain #4 polyethylene shot for breaching training. Total Cost: $200.

7. Royal Arms TESAR-4 Breaching Round, Cost $212.50 per 25, Quantity 50.

Purpose: Needed to replenish current stock from use during SWAT training and missions. 12 Ga frangible shotgun slugs utilized to breach class 3 heavy steel doors. Deployed from 12 ga breaching shotgun. Total Cost: $425.

8. Royal Arms TESAR SF Green Cap Breaching Round, Cost $150 per 25, Quantity 50. Purpose: Needed to replenish current stock from use during SWAT training and missions. 12 Ga frangible shotgun slugs utilized to breach wood doors, locks & hinges. Deployed from 12 ga breaching shotgun. Total Cost: $300.

9. CTS LC6 Launching Cup, Cost $450, Quantity 4. Purpose: Needed to replace current shotgun cup launcher attachments that have begun to deteriorate and fail from usage during SWAT missions and training. This is an attachment that affixes to the tip of a 12 Ga shotgun that is used in conjunction with launching munitions to propel CTS 6 series cannisters.

Total Cost: $ 1800.

10. Safariland/Defense Tech #6025 40 mm Bean Bag, Cost$30 per, Quantity 12.

Purpose: Needed to replenish current stock from use during Mobile Field Force, and training. Total Cost: $360.
#13..
- 672 -

11. Safariland/Defense Tech #6096 40 mm Stinger Rubber Ball, Cost $40 per, Quantity 12. Purpose: Needed to replenish current stock from use during Mobile Field Force, and training. Total Cost: $480.

12. Safariland/Defense Tech #6029WS 40mm Warning/Signaling Munition, Cost: $40 each Quantity: 10 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation. Purpose: Needed to replenish current stock from use during Mobile Field Force, and training. Total Cost:
$400.

13. Pepperball Live Pava OC Powder, Cost $967 for 375, Total Quantity Needed 2000. Purpose: Needed to replenish current stock from use during Mobile Field Force, and training. Total Cost: $6000.

14. Pepperball Inert Powder Purple Projectile, Cost $323 for 375, Total Quantity Needed 1000. Purpose: Needed to replenish current stock from use during Mobile Field Force, and training. Total Cost: $969.

15. Tac-SA PRO Pepperball Launcher, Cost $1350 each, Total 2. Purpose:

Current up-to-date launching system ret to supplement and replace old failing delivery systems. These will primarily be utilized by Mobile Field Force during riotous / civil disorder situation. Total Cost: $2700. b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

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

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercise and/or approved demonstrations.
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal #13..
- 673 -
instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Bean bag shotguns: 25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years.
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000.
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in-service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law. #13..
- 674 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 5, 2026
Date: April 14, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Septic to Sewer Construction Project:

County Area 07 - Spencer/Marshall Neighborhood
CONTACT: Miguel Alvarez, Associate Civil Engineer
[email protected], 209-577-5348
DESCRIPTION:

Consider approving the Plans and Specifications for the Septic to Sewer Construction Project: County Area 07 – Spencer/Marshall Neighborhood, accepting the Bid and Awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA in the amount of $1,739,773 and authorizing 15% in contingency (if needed), for a total payment amount not to exceed $2,000,739. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

County Area 07 – Spencer/Marshall Neighborhood is an unincorporated, disadvantaged community comprised of approximately 114 parcels that rely solely on septic systems for the treatment of domestic wastewater. The City owns and operates a sanitary sewer system adjacent to this area and is prepared to provide wastewater service to the Spencer/Marshall Neighborhood in collaboration with Stanislaus County in an effort to lessen or eliminate the need for septic systems in the areas adjacent to the City and to mitigate health and environmental hazards that can be caused by untreated wastewater. #14..
- 675 -
City Council, May 5, 2026
Award Septic to Sewer Construction Project:

County Area 07 – Spencer/Marshall Neighborhood

Page 2 of 6 ends

Modesto City CouncilMay 5, 2026

Modesto City Council
May 5, 2026