Agenda packet — Modesto City Council, July 14, 2026 (part 5 of 8)

The agreement with Mansfield, Lierly & Associates is set to expire on July 12, 2024.

DISCUSSION:

On September 22, 2023, the City Manager authorized the Purchasing Manager to solicit the procurement for Polygraph Examination Services. On, November 17, 2023, the Purchasing Division issued Invitation for Bids (IFB) 2324-33 for Polygraph Examination Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Ten (10) companies downloaded the IFB document from PlanetBids.

On December 19, 2023, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) vendors chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the Polygraph Examination Services to Assurance Polygraph LLC, Castro Valley, CA for a two-year agreement with (3) one-year extension options, for an estimated annual amount of $96,250, plus up to $57,010 for contingency, if needed, for a total amount not to exceed of $538,260 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203, City staff recommends the award of bid for Polygraph Services to Assurance Polygraph, LLC, Castro Valley, CA.

FISCAL IMPACT:

Historical Annual Spending for Polygraph Examination Services on Mansfield, Lierly and Associates Agreement #196687
 FY 21/22 - $43,885
 FY 22/23 - $71,020
 FY 23/24 YTD - $72,860
The Agreement with Assurance Polygraph, LLC is anticipated to include 250 polygraph examinations annually for a total annual cost of $96,250 and a total five-year cost of $481,250.

The Police Department has been processing a higher volume of candidates resulting in sending an increased number of candidates through the polygraph phase of hiring to fill Department vacancies. To account for any additional position allocations during the course of the contract, the Department will account for up to 10 additional polygraphs in years 3, 4 and 5 for a total of 30 additional polygraphs over the course of the agreement. Additionally, to account for any potential Consumer Price Index (CPI) cost increases, the Department will account for up to 5% tied to the Western Region CPI in years 3, 4 and 5. This will bring the total of this contract to an amount not to exceed $538,260 over five years.

Funds for polygraph examination services are budgeted in the current fiscal year and next fiscal year Police Department Operating Budget as follows: 0100-19420-53300 (General Fund, MPD.

Records and Support, Professional Services). Funds are budgeted in this account each fiscal year for polygraph examination services.
1 68068 – Polygraph Equipment and Supplies, 96100 – Miscellaneous Services, No 1 (Not Otherwise Classified), 96200 – Miscellaneous Services, No 2 (Not Otherwise Classified), 99070 – Polygraph Testing Services. #21..
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City Council, June 11, 2024
Polygraph Examination Services Agreement

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on May 20, 2024, and the committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) oneyear extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement

3. Exhibit B- IFB 2324-33 – Assurance Polygraph, LLC

4. Exhibit C -IFB 2324-33 – Polygraph Examination Services

5. Cost Abstract
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1 ANNUAL AGREEMENT FOR
POLYGRAPH EXAMINATION SERVICES – AGREEMENT #328389
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 Matthew W. Lampo DBA Lampo Investigations - POLYGRAPH (L.I.E Detection), a California sole proprietor, 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 Polygraph Examination 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 Polygraph Examination Services as described in IFB 2324-33, 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:

A. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, 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. #21..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the

AGREEMENT
D. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $32,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $96,000. 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 on Bid attached hereto as Exhibit "B".

E. The AGREEMENT pricing is attached hereto as Exhibit "B". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "B", attached hereto and made a part hereof by this reference.

2. CITY REPRESENTATIVE:

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

3. CONTRACTOR CONTACT:

Matthew Lampo
(925) 444-5433
[email protected]

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one (1) year, with two (2) one-year extension options at the sole discretion of CITY, for a total of up to three (3) years.

Year 1: JULY 13, 2026 through JULY 12, 2027
Year 2: JULY 13, 2027 through JULY 12, 2028
Year 3: JULY 13, 2028 through JULY 12, 2029
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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3 Price adjustments for diesel fuel fluctuations may be considered. 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.

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 by 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 328389
• 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, #21..
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4 or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, 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, 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:

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEY'S 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:

A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. IFB 2324-33;
E. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

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. #21..
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5 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:

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

J. 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:

K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; L. 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.
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6 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:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:

A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that 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).

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 CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #21..
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7 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: Lampo Investigations Polygraph
Attention: Matthew Lampo
2603 Camino Ramon, Suite 432
San Ramon, CA 94583
(925) 444-5433
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Holly Gonzales
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
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 has 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:

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.
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8 22. NON-DISCRIMINATION:

A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.

The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 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.

B. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.

D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.

E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, #21..
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9 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.

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 “A” and “B”, and only under the terms and conditions set forth herein.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

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

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

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

29. WAIVER:

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

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT. #21..
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10 32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related 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:

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 14 day of July, 2026 and Matthew W. Lampo DBA Lampo Investigations - POLYGRAPH (L.I.E Detection) has caused this Agreement to be duly executed.
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1 PROPOSAL
For Polygraph Examinations submitted to the Modesto Police Department Matthew W. Lampo
Certified Law Enforcement
Polygraph Examiner
2603 Camino Ramon, Suite 432
San Ramon, CA 94583
(925) 444-LIED (5433)
SCOPE of WORK
I will Administer Law Enforcement Pre-Hire / Pre-Employment Polygraph Examinations according to industry standards. Each examination will comply with the standards set forth by the American Polygraph Association (APA), American Association of Police Polygraphists (AAPP), and the Association for Testing and Materials (ASTM). I also conduct Internal Affairs (IA) and Investigative Polygraph Examinations.

I will provide my own modern, state-of-the-art polygraph equipment. I use a Lafayette computerized polygraph system. I will provide all materials required for each examination including a digitally retained copy of each exam. All polygraph examinations will be digitally recorded (video). The digital recordings and reports will be retained digitally for a period of no less than two years.

I shall maintain my certification as a Certified Law Enforcement Examiner by the American Association of Police Polygraphists and/or the California Association of Polygraph Examiners for the term of this agreement.

All examinations will be conducted at the Lampo Investigations polygraph Suite located in the Bishop Ranch professional plaza, 2603 Camino Ramon, Suite 432, San Ramon, CA 94583. This suite is completely modern, has plenty of parking and easy freeway access.

A written or digital report will be forwarded to the background unit or other designee of the Modesto Police Department (PD) within 24 hours of the completed examination. Copies of digital recordings can be made available to Modesto PD upon request and at no additional fee.

All polygraph requests will be scheduled within 14 business days or sooner from receipt of said request. Test delays are usually only due to the applicant’s inability to commit to an earlier date.

All polygraph examinations will be held in the strictest confidence. All polygraph reports/results will be considered the property of the Modesto PD and will not be released or shared with any agency without prior written consent from Modesto PD.

I will maintain the required insurance policies at all times. #21..
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2 I further agree to discuss the terms of this agreement and any other issues with Modesto PD at any time and at no additional charge.

PRICE PROPOSAL
The price of each examination shall be $500.00. This fee will include the standard screening exam fee. The same fee will apply to any follow-up examinations requested by Modesto PD, should the test subject show significant reactions to the relevant questions during the screening exam. “No Shows” will be billed at the regular exam fee. Cancellations made with less than two (2) business day notice will be billed at 50 % of the regular fee. Two (2) business day and same day cancellations are billed at the same rate as “No Shows”.

Expert testimony if requested will be provided at a rate of $500.00 per hour with a half day minimum.

EXPERIENCE
I have been conducting polygraph examinations in the Private sector since 2014. I received my residency training at the Academy of Polygraph Science (APS) in Fort Meyers, Florida, under the direct tutelage of the director, Ben Blalock. I have 25 years of law enforcement experience, spending my entire career as a Federal Special Agent in the greater San Francisco Bay Area. Since 2014 I have administered more than 2,500 polygraph examinations for more than 40 local law enforcement agencies and select criminal and private matters.

I am a member of the American Association of Police Polygraphists (AAPP) the California Association of Polygraph Examiners (CAPE) and the Federal Law Enforcement Officers Association (FLEOA). My continuing education is maintained at training seminars conducted by the American Polygraph Association (APA), the AAPP and/or CAPE. Further, I am recognized by CAPE as a Certified Polygraph examiner.

DISCLOSURE
I have not been the subject of any litigation for the past 25 years. I have also never been the subject of any violations or complaints to the AAPP, APA, CAPE, or any other polygraph organization.

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
2 Table of Contents PAGE
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 A. BID SUBMITTAL....................................................................................................................... 7 E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS:.................................................. 7 F. COMPLETE BID DOCUMENT:................................................................................................ 7 G. COMPLIANCE/NON-COMPLIANCE:...................................................................................... 8 M. BID PROTEST AND APPEAL PROCEDURES:..................................................................... 10 BID SUBMITTAL CHECKLIST............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 22 BID FORM E – BIDDER CUSTOMER REFERENCES.................................................................... 23 BID FORM F - FINANCIAL INTEREST DISCLOSURE.................................................................. 25 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 27 BID FORM H - BIDDER COMPANY HISTORY STATEMENT..................................................... 28 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 29 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 30 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 31 BID FORM L - SUBCONTRACTOR LIST ........................................................................................ 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 33

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

1.4 REQUIRED LICENSES: ............................................................................................................... 35 SAMPLE ANNUAL AGREEMENT - SERVICES............................................................................. 36 #21..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for Polygraph Examination Services (the “Services”) for the City of Modesto, Police Department.

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

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

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to Tuesday, December 19, 2023, at 11:00 A.M., at which time Bids will be opened, read, and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

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

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #21..
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4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-33.

BID OPENING DATE: DECEMBER 19, 2023, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #21..
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5 CALENDAR OF EVENTS
Event Date
IFB Issued November 17, 2023
Written Questions Due via Email November 28, 2023
Addendum Issued (if required) December 5, 2023 (approximate date) Bid Due Date & Time PRIOR TO 11:00 A.M. on Tuesday, December 19, 2023 Agreement Award Approximately April 2024

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

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

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #21..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 19, 2023, the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

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

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

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

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

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

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
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8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

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

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

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

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

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

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

K. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. #21..
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10 • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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

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

Protest Procedures
• Only a Bidder who has submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #21..
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11 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor.
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date.
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

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

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

Further protest appeals shall either be delivered to:

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

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

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

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

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

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

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying 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 #21..
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14 filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that The City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #21..
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15 BID SUBMITTAL CHECKLIST

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

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

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

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #21..
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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill The City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

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

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

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

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

4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, The City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by The City at any time within 45 days of opening, unless otherwise specified in the IFB.

A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

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

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

8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid.
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to The City through the card issuer. That rebate amount will be considered by The City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

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

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

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

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

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:
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20 K. Bidder 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):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Payment Terms:

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

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

Name of Bidder Signatory:

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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24 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 $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

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

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

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

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

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

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

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

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

Check here:

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

Bidder Company Name:

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

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #21..
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32 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

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

N/A N/A

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

1.1 SCOPE OF WORK:

The City of Modesto invites qualified firms or individuals to submit a proposal for performing polygraph services for the Modesto Police Department. The Successful Proposer(s) shall provide polygraph services, including pre-employment, using a polygraph technique taught by a polygraph school accredited by one or more of following associations: American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

It is the City’s intent to award one or more agreements to one or more bidder as a primary and secondary in order to provide for backup if primary is unable to meet the City’s needs. The City reserves the right to award more than one contract for the services specified herein to ensure the continuing ability to obtain timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.

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

1.2 GENERAL REQUIREMENTS:

All polygraph examinations shall be performed in accordance with the following regulations:

A. The guidelines or bylaws of the certifying association listed above.

B. California Penal Code Sections 632 and 637.4(a).

C. Polygraph examinations shall cover general information about the candidate to include, but not limited to:
employment history, prior police history, military services, criminal activity, illegal drugs, employment theft, financial, gambling, internet use, drinking habits, and incidence of domestic violence.

D. Proof of identity of each applicant shall be confirmed with a valid form of identification prior any examination.

E. Conduct examinations within seven (7) business days after request and provide the required reports and forms within two (2) days of the completed evaluation, unless the City grants an extension for cause.

F. Have the ability to complete a minimum of thirty (30) pre-employment polygraph examinations in a thirty (30) day period.

G. The ability to conduct investigative polygraph examinations is desirable, but not required.

H. Provide an electronic copy of all polygraph examination reports to the City. #21..
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POLYGRAPH EXAMINATION

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34 I. Provide a copy of all audio/video recordings of investigative examinations to the City upon request.

J. Provide a copy of all examination records and documents to the City upon request.

K. Testimony in court or other administrative hearings to support polygraph examination findings.

L. Retain all polygraph examination documents, videos, and recordings for a minimum of two years.

1.3 MINIMUM QUALIFICATIONS:

Proposer shall provide with their proposal submittal detailed information on the following:

A. Proposer shall have a minimum of three (3) years of continuous service (immediately prior to the time of the RFP submittal date) of providing pre-employment polygraph examinations to law enforcement agencies.

B. Proposer shall hold full membership and be certified with one or more of the following associations:
a. American Polygraph Association (APA), California Association of Polygraph Examiners (CAPE), American Associations of Police Polygraphists (AAPP), and National Polygraph Association (NPA).

C. Proposer shall have completed a minimum of 200 pre-employment polygraph examinations. Please furnish support data.

D. Proposer shall be required to provide summary invoicing which is supported by detailed cost descriptions. Please furnish examples.

E. Proposer shall be available upon request (at no cost to the City) to discuss contract issues and concerns. Please confirm acceptance.

1.4 SERVICE REQUIREMENTS:

Proposer shall provide with their proposal submittal detailed information on the following list of service requirements:

A. A list of all personnel (proposer and all employees) qualified to conduct polygraph examinations.

B. Description of all applicable association memberships and completed training courses for each examiner.

C. Proposer shall outline the overall monthly examination capacity of all examiners to provide further information on the proposer’s capacity.

D. Administer timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.
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35 E. Ability to conduct break down/clearing testing when appropriate (i.e., inconclusive result, significant response with new disclosures, significant response with no new disclosures, etc.)

1.5 REQUIRED LICENSES:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto.

Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder(s) shall maintain a City of Modesto business license for the duration of the agreement.
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36 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-XX authorizing the Award of Bid and agreement for POLYGRAPH EXAMINATION 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 POLYGRAPH EXAMINATION SERVICES as described in IFB 2324-33 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, travel expenses, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________.

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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38 AGREEMENT PRICING
Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Stated pricing is subject to ______ percent (______%) cash discount if invoice is paid within ______ days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative is:

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

3. TERM OF AGREEMENT:

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

Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
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39 Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

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

4. 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 by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a #21..
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40 new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

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

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

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

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

5. 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 #21..
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41 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.

6. INDEMNITY:

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

7. 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 #21..
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42 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions, or principles.

8. ATTORNEYS’ FEES:

9. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement:
a. Resolution No.2024-_______
b. CONTRACTOR Bid submittal.
c. IFB No. 2324-33
Contractor’s City of Modesto business license

10. TERMINATION OF SERVICES:

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

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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43 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered. d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
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44 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 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.

11. COMPLIANCE WITH ALL LAWS:

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

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

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

13. 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).

14. 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. #21..
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46 15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

16. 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.

17. 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.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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47 19. 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.

20. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

21. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in 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. #21..
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48 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 ascertaining compliance with this AGREEMENT.

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.

22. CONTRACTOR LICENSES & PERMITS:

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

23. 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 #21..
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49 AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

24. 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.

25. INDEPENDENT CONTRACTOR; NOT AGENT:

26. 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.

27. 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.

28. WAIVER:

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

30. MISCELLANEOUS:

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

31. ENTIRE AGREEMENT:

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

32. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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51 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.
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1 Exhibit D:

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

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

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

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

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

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

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

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

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

Additional Insured Status
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2 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.

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #21..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Revised 12/3/2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:

Supplier Contact: Supplier Phone No:

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

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

Reason for Bid Waiver - Check Box:

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

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

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

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

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

Project Description:

The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #21..
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Revised 12/3/2025
Other (requires detailed comments)

NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ If these services meet the definition under AB339, complete the Form – AB339 Notification Template and submit the Scope of Work and template to the Director of Human Resources.

Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments (Max 630 characters; please attach a memo for more.):
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BID WAIVER JUSTIFICATION:

Polygraph Examination Services Agreement Amendment to Add Additional Providers The Modesto Police Department requests a bid waiver to add two (2) -toauthorized total not-toth sworn and non-sworn positions – - market research –
– Vendors considered:

D&M Polygraph (San Jose): - TriValley Polygraphy (Livermore):

Matt Lampo (San Ramon):
(Sacramento):

City- : Available under a separate labor side-
- The - Department - pool
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1 PROPOSAL
For Polygraph Examinations submitted to the Modesto Police Department Matthew W. Lampo
Certified Law Enforcement
Polygraph Examiner
2603 Camino Ramon, Suite 432
San Ramon, CA 94583
(925) 444-LIED (5433)
SCOPE of WORK
I will Administer Law Enforcement Pre-Hire / Pre-Employment Polygraph Examinations according to industry standards. Each examination will comply with the standards set forth by the American Polygraph Association (APA), American Association of Police Polygraphists (AAPP), and the Association for Testing and Materials (ASTM). I also conduct Internal Affairs (IA) and Investigative Polygraph Examinations.

All polygraph requests will be scheduled within 14 business days or sooner from receipt of said request. Test delays are usually only due to the inability to commit to an earlier date.

I will maintain the required insurance policies at all times. #21..
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2 I further agree to discuss the terms of this agreement and any other issues with Modesto PD at any time and at no additional charge.

PRICE PROPOSAL
The price of each examination shall be $500.00. This fee will include the standard screening exam fee. The same fee will apply to any follow-up examinations requested by Modesto PD, should the test subject show significant reactions to the relevant questions during the screening exam. with less than two (2) business
day notice will be billed at 50 % of the regular fee. Two (2) business day and same day cancellations Expert testimony if requested will be provided at a rate of $500.00 per hour with a half day minimum.

Respectfully submitted,
Matthew W. Lampo - E-sign
Matthew W. Lampo
Certified Law Enforcement Polygraph Examiner
[email protected]
(925) 444-LIED (5433)
Enclosures
DATE: 5/13/2026
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1 ANNUAL AGREEMENT FOR
POLYGRAPH EXAMINATION SERVICES – AGREEMENT #328390
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 Pacific Coast Polygraph and Investigations, 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:

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. #21..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.

D. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $32,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $96,000. 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 on Bid attached hereto as Exhibit "B".

E. The AGREEMENT pricing is attached hereto as Exhibit "B". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "B", attached hereto and made a part hereof by this reference.

2. CITY REPRESENTATIVE:

3. CONTRACTOR CONTACT:

Wesley Villaruel
(707) 920-4454
[email protected]

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one (1) year, with two (2) one-year extension options at the sole discretion of CITY, for a total of up to three (3) years.

Year 1: JULY 13, 2026 through JULY 12, 2027
Year 2: JULY 13, 2027 through JULY 12, 2028
Year 3: JULY 13, 2028 through JULY 12, 2029
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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3 Price adjustments for diesel fuel fluctuations may be considered. 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.

5. INSURANCE REQUIREMENTS:

6. PAYMENT:

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 328390
• 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, #21..
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4 or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, 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, 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:

9. ATTORNEY'S FEES:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. IFB 2324-33;
E. Contractor’s City of Modesto business license

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. #21..
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5 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:

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:

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:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #21..
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7 or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

CONTRACTOR: Pacific Coast Polygraph and Investigations
Attention: Wesley Villaruel
1151 Harbor Bay Parkway #209
Alameda, CA 94502
(707) 920-4454
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Holly Gonzales
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
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 has full authority to, execute the AGREEMENT.

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, #21..
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9 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.

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:

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

31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT. #21..
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10 32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

33. PARTIAL INVALIDITY:

SCOPE OF SERVICE

I will administer a Pre-Employment Polygraph Examination according to standards that have been set forth by the American Polygraph Association (APA), the American Association of Police Polygraphists (AAPP), and the Association for Testing and Materials (ASTM). These associations have set what is commonly referred to as the “Industry Standard.”
Pre-Employment Polygraph Screening Examinations questions will coincide with the 2009 publication of “Integration of Pre-Employment Polygraph Screening into the Police Selection Process” and the use of their recommended four (4) relevant questions (Research Article can be provided).

At the request of the Modesto Police Department, I may conduct a Pre-Employment Polygraph Screening Examination with six (6) relevant topics.

During the pretest interview, questions and scenarios will be presented to the applicant and will correlate to the POST Background Dimensions criteria. The POST Background Dimensions include:

1. Integrity

2. Impulse control/attention to safety

3. Substance abuse and other risk-taking behaviors

4. Stress tolerance

5. Confronting and overcoming problems, obstacles, and adversity

6. Conscientiousness

7. Interpersonal skills

8. Decision-making and judgment

9. Learning ability

10. Communication Skills
I will use modern polygraph equipment for all of my examinations. Examinations will be performed using the latest, most advanced systems of computerized polygraph systems i.e., #21..
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Stoelting or Lafayette, which are both recognized and endorsed by the APA and AAPP.

Below are the mandatory equipment set forth by the APA; a. Two (2) pneumatic (pneumo) tubes
b. One (1) electrodermal response sensor (Galvanic Skin Response Sensor) c. One (1) blood pressure cuff
d. One (1) seat pad motion sensor
I also use the following additional sensors during the examination:
e. One (1) plethysmograph sensor
f. Two (2) additional arm movement sensors
g. Two (2) additional feet movement sensors
h. One (1) masseter headset
The use of these six (6) additional sensors will ensure a more complete examination and provide a way to test your applicant’s cooperation during their examination process.

All equipment will be tested, calibrated, and a functionality test will be performed prior to each applicant’s examination.

Each applicant will be provided a Polygraph Investigative Questionnaire (PIQ) and a Prior PD Employee Questionnaire (if applicable) within 24 hours of them scheduling their polygraph appointments; an electronic copy of the questionnaire(s) is currently in development to potentially expedite your ability to process information provided by your applicant. I will substitute my PIQ if the Modesto Police Department has their own questionnaire that they would like me to use instead.

Each applicant is asked to bring in the completed paperwork to their scheduled appointment. With the development of an electronic questionnaire, your applicant will not have to print or manually fill out the questionnaire; both the Modesto Police Department and I will receive an electronic copy of the questionnaire once they complete the form (a separate presentation of the electronic questionnaire can be scheduled if you would like to move forward with the use of my electronic questionnaire).

I will retain a digital copy of all paperwork, including each examination, for a period of two years, unless a longer time is required. Copies of all questionnaires will be provided to the examinee, in accordance with the rules set by the State of California. Your examinee will not receive any other documentation, reports, or other information related to the examination; all other material will be considered property of the Modesto Police Department.

Each examinee will be asked to voluntarily participate in a polygraph examination pretest interview that will be non-confrontational and designed to encourage them to disclose #21..
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information that may have been withheld or forgotten during the other stages of the application process. If the applicant discloses any information stating that they are hesitant or do not want to participate the polygraph examination process; their examination will be terminated, and the department will be notified of the circumstances.

The instructions for the examination will be explained to each examinee in the same manner, to avoid any issues of non-explanation, incomplete explanation, or misinformation during the instructional period. A scripted copy of the examination instructions can be provided to you during an oral interview, if requested.

Polygraph Examination formats will coincide with the Industry Standard for PreEmployment Polygraph Examination. The examination formats will be:
a. Directed Lie Screening Examination (Screening Examination - DLST) b. Air Force Modified General Question Test (Screening Examination - AFMGQT) c. Utah 3 or 4 Question Comparison Question Technique (Specific-Issue Diagnostic Examination)

PRICING
Each polygraph examination will be billed for the set amount of $425 per examination.

Any follow-up (retest), if the initial test was performed by me, will be at the set amount of $325 per examination. A follow-up (retest) from another examiner will be at the $425 per examination price.

There is a late cancellation fee of $200 if the department, or applicant, cancels or reschedules within 24 hours of their appointment.

A No-Show will be charged the full amount of the examination, $425 per No Show.

An examinee who is over 10 minutes late to their appointment will be considered a NoShow and charged the full amount for the polygraph examination.

If there is a cancelation or rescheduling of the appointment prior to the 24-hour time frame, then there is no fee.*
*If the Modesto Police Department decides to utilize my electronic PIQ, then the department will be notified once the electronic questionnaire has been completed by their applicant. If your applicant is removed from the process and their polygraph examination is cancelled for any reason, then a $25 early access fee will be assessed for early access to their PIQ . If your applicant continues with the Polygraph examination, then there is no additional fee for having early access to the PIQ.
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Early access to the PIQ has proven to be a valuable tool for departments to save money and disqualify their applicants due to conflicting information between the different questionnaires PRIOR to the polygraph examination. It can potentially save the department money and resources that they would have spent on a non-viable applicant regardless if they successfully pass the polygraph examination.

CERTIFICATIONS
I will maintain my certification as a Forensic Law Enforcement Polygraph Examiner by the AAPP for the term of this agreement. I will continue to maintain and abide by standards and training requirements set forth by the APA, the National Polygraph Association (NPA), the AAPP, the California Association of Polygraph Examiners (CAPE), and the Northwest Polygraph Examiner’s Association (NPEA).

Last month, I have been elected to serve on the Board of Director’s for CAPE. I am the chairperson of the Ethics Committee and am tasked with the review of other examiner’s polygraph examinations to ensure that they adhere to the guidelines set forth by the APA, AAPP and CAPE.

LOCATIONS FOR TESTING
Examinations will be conducted at one of the following locations. There will be no difference in price regardless of the locations:
a. Primary office – 1151 Harbor Bay Pkwy #209, Alameda, CA 94502 (Weekdays) b. Secondary office – 490 Chadbourne Road, Fairfield, CA 94534 (Weekends) All polygraph examinations will be conducted in a private office and digitally recorded with video and/or audio. The digital recordings and reports will be retained for a period of two (2) years unless specified for a longer period of time. All videos will be maintained and secured by Pacific Coast Polygraph and Investigations. The Modesto Police Department may request any video of their applicant’s polygraph examination.

Within five (5) working days, two written reports (one general report and one detailed report) of the examination results, a copy of the applicant’s Polygraph Investigative Questionnaire (PIQ), Prior PD Employee Supplemental (if completed by the applicant), and a written statement by the applicant (if the applicant chooses to write a statement), will all be forwarded to the Background Unit or other designee of the Modesto Police Department via a secured SOC2/Type 2 secured folder.

I have prepared a no cost SOC2/Type 2 security folder for your department if you decide to move forward. Your folder can be located here:
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https://ln5.sync.com/dl/d92148850#6imh3mg5-qxu99ued-rfcbnv32-4nszi6ra (I can email you this link to make it easier to just click).

All polygraph examinations will be held in the strictest confidence. All polygraph reports/results will be considered the property of the Modesto Police Department and will not be released or shared with any agency without prior written consent of the Modesto Police Department.

EXPERIENCE
I have over 22 years of law enforcement experience with the San Francisco Police Department and was promoted to the rank of Sergeant. I have earned a variety of awards including numerous Best Arrests of the Week, the San Francisco Police Department’s Officer of the Month (February 2007), and the San Francisco Geneva-Excelsior Lion’s Club Officer of the Year (2013). Prior to my retirement, I was assigned to the Legal Division and helped investigate Internal Affairs cases related to traffic collisions. I had seven years of experience with the Hercules Police Department as an Explorer/Cadet prior to my hiring with the San Francisco Police Department.

My experience in the varied sizes of these departments has given me insight into the challenges of both larger public organizations and smaller government agencies and helps me understand the multifaceted roles that differ between the different size agencies.

I graduated from an APA accredited polygraph basic education course in 2020 from Vollmer Institute of Polygraph, Yorba Linda, CA. Since graduation, I have completed over 2,000 Pre-Employment Polygraph Examinations, not including criminal and/or private examinations.

Since becoming a Forensic Polygraph Examiner, I have maintained membership with the American Polygraph Association (APA), the National Polygraph Association (NPA), the American Association of Police Polygraphists (AAPP), the California Association of Polygraph Examiners (CAPE), and the Northwest Polygraph Examiners Association (NPEA). I am a current member in good standing with all of these associations.

I have exceeded continuing education requirements required by all of my affiliated associations by twice attending the Advanced Polygraph Examiner’s Course in Florida, yearly conferences held by either of the following: The American Polygraph Association (APA), the American Association of Police Polygraphists (AAPP), the National Polygraph Association (NPA) or the California Association of Police Polygraphists (CAPE), as well as online training courses held by PEAK Credibility Assessment Center.

Training Certificates can be provided by request.
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PERSONNEL

All examinations will be conducted by me, Wesley Villaruel. As the single employee of my business, I make every effort to accommodate both the Modesto Police Department and their applicants.

Additional evening and weekend testing may be available during accelerated hiring periods. The evening and weekend testing will be done with no additional charge to the Modesto Police Department.

I have an online scheduling method available for applicants to self-schedule their polygraph examinations with me directly. This link has been created:
https://tidycal.com/pcpolygraph/600m0dest209
This method has helped reduce time spent with schedule planning and has helped reduce the conflicts and rescheduling issues with applicants from other departments. This online booking system has been a huge time-saving resource for background investigators with my other contracts. The scheduling link will be active with at least 60 days of advanced availability to your applicants.

INSURANCE AND PAPERWORK
As an S-Corporation, I have filed with the California Secretary of State and the Internal Revenue Service. I am in good standing with both agencies and have not been subject to any penalties or audits.

I will maintain and abide all insurance requirements set forth in this Professional Services Agreement.

I will maintain general liability insurance, errors and omission insurance, and commercial vehicle insurance. All insurance certificates are available upon request

I certify that in the performance of the work for the City of Modesto, the Modesto Police Department, its officers, officials, employees and volunteers, I shall not employ any person in any manner so as to become subject to the workers’ compensation laws of California, and agree that if I should become subject to the workers’ compensation provisions of Section 3700 of the Labor code, I shall forthwith comply with those provisions and provide the City of Modesto with a Certificate of Insurance. In addition, if at any time during the performance of the work for the City, I hire an employee from a temporary agency, I will immediately notify and provide the City with a current workers’ compensation certificate from said temporary agency.
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DISCLOSURES

I have not been the subject of any litigation for any polygraph examinations. I have never been the subject of any violations or complaints to the APA, NPA, AAPP, CAPE, NPEA, or any other polygraph organization.

References
Haley Gilmore – Executive Assistant to Captain Regan Ortega – Redding Police Department (530) 225-4292
Christina DeGeorge - Administrative Specialist, Assistant to Lieutenant Jeffrey Durkin – Chico Police Department (530) 897-4952
Sgt. Anthony Boehle - Citrus Heights Police Department (916) 727-5810 Sgt. Scott Ledford – Fairfield Police Department (707) 428-7360 A/Sgt. LeeAnne Huang - San Francisco Police Department Backgrounds (415) 575-6000 Respectfully submitted,

Wesley Villaruel
Forensic Law Enforcement Polygraph Examiner
June 9, 2026
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-33
FOR

POLYGRAPH EXAMINATION SERVICE
BID OPENING: December 19, 2023, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

POLYGRAPH EXAMINATION

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

POLYGRAPH EXAMINATION

SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-33.

BID OPENING DATE: DECEMBER 19, 2023, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #21..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

POLYGRAPH EXAMINATION

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

POLYGRAPH EXAMINATION

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
PO Box 642
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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:

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

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
13 Modesto CA 95354
Or mailed to:

POLYGRAPH EXAMINATION

SERVICES
15 BID SUBMITTAL CHECKLIST

POLYGRAPH EXAMINATION

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
20 K. Bidder 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):
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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 $
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
24 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 $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

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

10.03(h) are satisfied.

POLYGRAPH EXAMINATION

SERVICES
26 Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

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

Check here:

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

Bidder Company Name:

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

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

Insert Bidder Company History Overview Statement Beginning Here:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

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

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

Bidder Company Name:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

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

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

Insert Bidder Warranty Statement Beginning Here:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
31 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

POLYGRAPH EXAMINATION

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

N/A N/A

N/A N/A
Bidder Company Name:
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

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

1.2 GENERAL REQUIREMENTS:

All polygraph examinations shall be performed in accordance with the following regulations:

A. The guidelines or bylaws of the certifying association listed above.

B. California Penal Code Sections 632 and 637.4(a).

D. Proof of identity of each applicant shall be confirmed with a valid form of identification prior any examination.

F. Have the ability to complete a minimum of thirty (30) pre-employment polygraph examinations in a thirty (30) day period.

G. The ability to conduct investigative polygraph examinations is desirable, but not required.

H. Provide an electronic copy of all polygraph examination reports to the City. #21..
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

SERVICES
34 I. Provide a copy of all audio/video recordings of investigative examinations to the City upon request.

J. Provide a copy of all examination records and documents to the City upon request.

K. Testimony in court or other administrative hearings to support polygraph examination findings.

L. Retain all polygraph examination documents, videos, and recordings for a minimum of two years.

1.3 MINIMUM QUALIFICATIONS:

Proposer shall provide with their proposal submittal detailed information on the following:

C. Proposer shall have completed a minimum of 200 pre-employment polygraph examinations. Please furnish support data.

D. Proposer shall be required to provide summary invoicing which is supported by detailed cost descriptions. Please furnish examples.

E. Proposer shall be available upon request (at no cost to the City) to discuss contract issues and concerns. Please confirm acceptance.

1.4 SERVICE REQUIREMENTS:

Proposer shall provide with their proposal submittal detailed information on the following list of service requirements:

A. A list of all personnel (proposer and all employees) qualified to conduct polygraph examinations.

B. Description of all applicable association memberships and completed training courses for each examiner.

C. Proposer shall outline the overall monthly examination capacity of all examiners to provide further information on the proposer’s capacity.

D. Administer timely and accurate polygraph examinations of sworn and non-sworn candidates for employment and for criminal investigations.
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INVITATION FOR BIDS # 2324-33

POLYGRAPH EXAMINATION

1.5 REQUIRED LICENSES:

Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder(s) shall maintain a City of Modesto business license for the duration of the agreement.
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36 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT – POLYGRAPH EXAMINATION SERVICES This agreement, hereinafter called AGREEMENT, made and entered into in The City of Modesto, State of California, this ____ day of ____________________ , 2024, by and between The City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.

WITNESSETH:

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

Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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38 AGREEMENT PRICING
Description Estimated
Annual QTY
Unit Unit Price Extended Unit Price
Polygraph Examination 250 EA $________ $______________
Description Unit Unit Price
Daily Per-Diem Daily $_______________
Description Unit Unit Price
Court Testimony or other
administration hearing support Daily $________________
Stated pricing is subject to ______ percent (______%) cash discount if invoice is paid within ______ days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative is:

3. TERM OF AGREEMENT:

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

Year 1: 2024 through 2025
Year 2: 2025 through 2026
Year 3: 2026 through 2027
Year 4: 2027 through 2028
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39 Year 5: 2028 through 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

4. LIABILITY INSURANCE:

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 #21..
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40 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.

5. 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 #21..
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41 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.

6. INDEMNITY:

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

7. 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 #21..
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42 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws, provisions, or principles.

8. ATTORNEYS’ FEES:

9. COMMENCEMENT AND COMPLETION OF THE WORK:

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

10. TERMINATION OF SERVICES:

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

Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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43 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered. d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
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44 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.

11. COMPLIANCE WITH ALL LAWS:

13. 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).

14. 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. #21..
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46 15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

16. NOTICES:

17. 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.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.
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47 19. 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.

20. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

21. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in 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. #21..
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48 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 ascertaining compliance with this AGREEMENT.

22. CONTRACTOR LICENSES & PERMITS:

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

23. 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 #21..
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49 AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

24. 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.

25. INDEPENDENT CONTRACTOR; NOT AGENT:

26. DRUG FREE WORKPLACE:

27. 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.

28. WAIVER:

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

30. MISCELLANEOUS:

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

31. ENTIRE AGREEMENT:

32. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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51 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and _____________________has caused this Agreement to be duly executed.
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1 Exhibit D:

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

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

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

Additional Insured Status
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2 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.

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #21..
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3 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.

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Revised 12/3/2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:

Supplier Contact: Supplier Phone No:

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

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

Reason for Bid Waiver - Check Box:

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

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

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

Project Description:

The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #21..
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Revised 12/3/2025
Other (requires detailed comments)

D&M Polygraph (San Jose): - TriValley Polygraphy (Livermore):

Matt Lampo (San Ramon):
(Sacramento):

City- : Available under a separate labor side-
- The - Department - pool
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Wesley I. Villaruel
Forensic Law Enforcement Polygraph Examiner
Email: [email protected]
(707) 920-4454 – Cell
Written Proposal for Polygraph Examination Services
For the
Modesto Police Department
600 10th Street
Modesto, CA 95354

SCOPE OF SERVICE
I will administer a Pre-Employment Polygraph Examination according to standards that have been set forth by the American Polygraph Association (APA), the American Association of Police Polygraphists (AAPP), and the Association for Testing and Materials (ASTM). These associations have set what is commonly referred to as the “Industry Standard.”
Pre-Employment Polygraph Screening Examinations questions will coincide with the 2009 publication of “Integration of Pre-Employment Polygraph Screening into the Police Selection Process” and the use of their recommended four (4) relevant questions (Research Article can be provided).

At the request of the Modesto Police Department, I may conduct a Pre-Employment Polygraph Screening Examination with six (6) relevant topics.

During the pretest interview, questions and scenarios will be presented to the applicant and will correlate to the POST Background Dimensions criteria. The POST Background Dimensions include:

1. Integrity

2. Impulse control/attention to safety

3. Substance abuse and other risk-taking behaviors

4. Stress tolerance

5. Confronting and overcoming problems, obstacles, and adversity

6. Conscientiousness

7. Interpersonal skills

8. Decision-making and judgment

9. Learning ability

10. Communication Skills
I will use modern polygraph equipment for all of my examinations. Examinations will be performed using the latest, most advanced systems of computerized polygraph systems i.e., #21..
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Stoelting or Lafayette, which are both recognized and endorsed by the APA and AAPP.

All equipment will be tested, calibrated, and a functionality test will be performed prior to each applicant’s examination.

Each examinee will be asked to voluntarily participate in a polygraph examination pretest interview that will be non-confrontational and designed to encourage them to disclose #21..
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information that may have been withheld or forgotten during the other stages of the application process. If the applicant discloses any information stating that they are hesitant or do not want to participate the polygraph examination process; their examination will be terminated, and the department will be notified of the circumstances.

PRICING
Each polygraph examination will be billed for the set amount of $425 per examination.

There is a late cancellation fee of $200 if the department, or applicant, cancels or reschedules within 24 hours of their appointment.

A No-Show will be charged the full amount of the examination, $425 per No Show.

An examinee who is over 10 minutes late to their appointment will be considered a NoShow and charged the full amount for the polygraph examination.

If there is a cancelation or rescheduling of the appointment prior to the 24-hour time frame, then there is no fee.*
*If the Modesto Police Department decides to utilize my electronic PIQ, then the department will be notified once the electronic questionnaire has been completed by their applicant. If your applicant is removed from the process and their polygraph examination is cancelled for any reason, then a $25 early access fee will be assessed for early access to their PIQ . If your applicant continues with the Polygraph examination, then there is no additional fee for having early access to the PIQ.
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Early access to the PIQ has proven to be a valuable tool for departments to save money and disqualify their applicants due to conflicting information between the different questionnaires PRIOR to the polygraph examination. It can potentially save the department money and resources that they would have spent on a non-viable applicant regardless if they successfully pass the polygraph examination.

I have prepared a no cost SOC2/Type 2 security folder for your department if you decide to move forward. Your folder can be located here:
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https://ln5.sync.com/dl/d92148850#6imh3mg5-qxu99ued-rfcbnv32-4nszi6ra (I can email you this link to make it easier to just click).

Training Certificates can be provided by request.
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PERSONNEL
All examinations will be conducted by me, Wesley Villaruel. As the single employee of my business, I make every effort to accommodate both the Modesto Police Department and their applicants.

Additional evening and weekend testing may be available during accelerated hiring periods. The evening and weekend testing will be done with no additional charge to the Modesto Police Department.

I will maintain and abide all insurance requirements set forth in this Professional Services Agreement.

I will maintain general liability insurance, errors and omission insurance, and commercial vehicle insurance. All insurance certificates are available upon request I certify that in the performance of the work for the City of Modesto, the Modesto Police Department, its officers, officials, employees and volunteers, I shall not employ any person in any manner so as to become subject to the workers’ compensation laws of California, and agree that if I should become subject to the workers’ compensation provisions of Section 3700 of the Labor code, I shall forthwith comply with those provisions and provide the City of Modesto with a Certificate of Insurance. In addition, if at any time during the performance of the work for the City, I hire an employee from a temporary agency, I will immediately notify and provide the City with a current workers’ compensation certificate from said temporary agency.
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DISCLOSURES
I have not been the subject of any litigation for any polygraph examinations. I have never been the subject of any violations or complaints to the APA, NPA, AAPP, CAPE, NPEA, or any other polygraph organization.

LETTER OF AGREEMENT
Between
City of Modesto
And
Modesto Confidential and Management Association (MCMA)
Polygraph Examinations Stipend
The purpose of this Agreement is to establish compensation for appropriately trained and qualified MCMA members who are assigned by the City to conduct polygraph examinations as part of their additional assigned duties.

Therefore, the City and MCMA jointly agree to provide a stipend for qualifying individuals as follows:

ARTICLE 27. PAY DIFFERENTIALS
H. Polygraph Examination Stipend

1. Eligibility
Employees eligible for compensation under this Agreement shall be MCMA members who:
a. Have successfully completed training approved by the City to conduct polygraph examinations;
b. Are exempt employees working on a salaried basis;
c. Maintain any certifications or qualifications required by the City; and d. Are specifically designated by the City to perform polygraph examination duties The City retains sole discretion regarding employee selection, assignment, qualification standards, and continuation of such assignments.

2. Compensation
Eligible employees designated by the City to conduct polygraph examinations shall receive a stipend of three hundred seventy-five dollars ($375.00) for each completed polygraph examination conducted as part of assigned extra duties. administration and completion of the examination and any associated reporting required by the City.

3. Assignment of Duties
Polygraph examination duties are considered extra duties assigned by the City and shall be performed in accordance with departmental policies, procedures, and operational needs.
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Nothing in this Agreement guarantees any minimum number of polygraph assignments or stipend payments.

4. Term
This Agreement shall become effective upon execution by both parties and shall remain in effect until modified, superseded, or terminated by mutual agreement of the parties or through adoption of a successor Memorandum of Understanding.

5. Non-Precedent Setting
This Agreement is made on a non-precedent setting basis and shall not establish a past practice or precedent for any other assignment, specialty pay, or bargaining unit classification unless expressly agreed to in writing by the parties.

For the City of Modesto: For MCMA: ________________________ _________ _______________________ _________ Brandon Gillespie Date Calogero Maniscalco Date Chief of Police MCMA President ________________________ __________ _______________________ _________ Christina Alger Date Kim Gillingham Date Director of Human Resources MCMA Business Representative ________________________ _________
Joseph P. Lopez Date
City Manager
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 2, 2026
Date: May 26, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Letter of Agreement for Polygraph Services
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving a Letter of Agreement with Modesto Confidential and Management Association for polygraph services. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item supports the 2025 – 2026 Strategic Plan’s Service and Delivery Goals and Strategies: Building a High-Performance Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

The Modesto Police Department utilizes a comprehensive pre-employment background investigation process to ensure qualified and suitable candidates are selected for positions of public trust. As part of this process, applicants complete a personal history statement and undergo a polygraph examination to validate the information provided. All paid police department positions are subject to the polygraph examination. In addition, certain Information Technology classifications also require this level of background screening depending on assignment.

Historically, the department has contracted with outside vendors to administer the required polygraph examinations.

DISCUSSION:

The City has traditionally contracted with vendors to provide polygraph examinations. In recent years, however, these services have become increasingly difficult to secure due #21..
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City Council, June 2, 2026
Letter of Agreement for Polygraph Services

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to a limited number of qualified providers and increased demand among public safety agencies. The City’s current contracted vendor is no longer able to consistently meet the operational need of completing examinations within the desired hiring timelines.

The Police Department currently anticipates conducting approximately 250 polygraphs annually in support of recruitment and hiring efforts. Timely completion of these examinations is critical to maintain hiring momentum and prevent the loss of qualified candidates to competing agencies. The current vendor agreement includes performance expectations related to examination turnaround times; however, current capacity limitations have created delays that negatively impact recruitment efforts.

The City is actively pursuing longer-term solutions, including amendments to the current vendor agreement and the addition of supplemental polygraph vendors. While those efforts are underway, the process to negotiate, execute, and implement additional vendor agreements will require additional time and will not address the Department’s immediate operational need. To provide immediate operational support and reduce delays in the hiring process, the Modesto Police Department seeks authorization to enter into a side letter agreement with the Modesto Confidential and Management Association to establish a stipend for an employee(s) who is certified to administer polygraph examinations. Under the proposed agreement, the employee would perform examinations on an off-duty basis, with compensation provided on a per-examination basis. All time worked would be tracked, subject to supervisory approval, and administered in accordance with City policies and applicable labor requirements.

This approach will assist the Department in maintaining hiring timelines, increasing examination capacity, and reducing reliance on limited vendor availability while broader procurement and contracting solutions are being finalized.

FISCAL IMPACT:

There is no fiscal impact associated with this item. Adequate funding for polygraph examination services is already included within the department’s existing budget for professional services. Costs associated with the proposed stipend are anticipated to remain within the currently budgeted expenditure levels for polygraph services.

The table below outlines historical polygraph examination activity and associated costs:

Fiscal Year Polygraphs Completed Annual Cost
2021/2022 131 $43,885
2022/2023 212 $71,020
2023/2024 277 $93,295
2024/2025 191 $73,135
2025/2026 126 (through March) $48,510
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City Council, June 2, 2026
Letter of Agreement for Polygraph Services

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COMMITTEE RECOMMENDATION:

This item was not presented to a committee because of the urgent need for the services.

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:

Resolution approving a Letter of Agreement between the City of Modesto and Confidential and Management Association (MCMA) for polygraph examinations and authorizing the City Manager or his designee to take the necessary administrative action to implement the agreement.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Letter of Agreement
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 14, 2026
Date: June 15, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Director of Public Works
SUBJECT: Agreement with Kimley-Horn and Associates for On-Call Planning Services CONTACT: Marisol Navarro, Airport Manager, [email protected], 209- 577-5319
DESCRIPTION:

Consider approving the Award of Bid and Agreement for On-Call Airport Planning Services to Kimley-Horn and Associates, Inc., San Jose, CA., for a total amount not to exceed $4,350,000 over five (5) years. (Funding Source: Federal Aviation Administration and Airport Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Initiative’s:

Quality of Life; Goal D: Provide safe, efficient and reliable infrastructure through proactive community investment, maintenance and sustainability efforts, Strategy 11:

Finalize design, bidding, and start construction for major profile projects.

BACKGROUND:

The Modesto City-County Airport periodically requires specialized airport planning services to support ongoing and future aviation projects, regulatory compliance efforts, and strategic planning initiatives. These services must be performed in accordance with Federal Aviation Administration (FAA) standards, FAA Advisory Circulars, the National Environmental Policy Act (NEPA), and all applicable federal, state, and local regulations.

To ensure the availability of qualified professional consulting services on an as-needed basis, the Airport conducted a selection process for On-Call Airport Planning Services.

Kimley-Horn and Associates, Inc. demonstrated the qualifications, experience, and technical expertise necessary to provide a comprehensive range of airport planning #22..
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City Council, July 14, 2026
Agreement with Kimley-Horn and Associates for On-Call Planning Services

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services in support of the Airport's operational, capital improvement, environmental, and regulatory requirements.

The proposed agreement establishes an on-call professional services contract with Kimley-Horn and Associates, Inc. for an initial two (2) year term beginning June 25, 2026, and ending June 24, 2028, with three (3) additional one-year extension options at the sole discretion of the Airport, for a maximum contract term of five (5) years. Services will be provided on a time-and-materials basis in accordance with negotiated hourly rates and only as authorized by the Airport.

DISCUSSION:

On November 6, 2025, the Purchasing Division issued Request for Qualifications RFQ00053 for the On-Call Airport Planning Services at the Modesto City-County Airport on the City’s OpenGov public bidding website under various commodity codes.1 Fifty-six prospective bidders were notified online which included two (2) local vendors. Fortythree companies downloaded the RFQ document from OpenGov. Two (2) were local vendors.

On January 9, 2026, proposals were opened. One (1) proposal was received, and the responding firm was not a local vendor.

An evaluation committee comprised of two (2) City staff members, which included Airport Manager and Senior Public Works Manager evaluated the proposals and Glen Mount the County appointed Airport Advisory Committee member was also chosen to evaluate the RFQ process. The evaluation was based on the firm’s location, years of experience, scope of past projects, experience, creativity, planning and organizational ability, fast-tracking quality assurance, size of available staff, general comprehension of potential assignments and firm’s reputation.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the On-Call Airport Planning Services at the Modesto City-County Airport to Kimley-Horn and Associates, Inc., San Jose, CA.

Kimley-Horn and Associates Inc., ranked highest due to it’s demonstrated airport planning experience, qualified project team, and clear understanding of the airport’s anticipated on-call planning needs. The proposal also reflected strong project management, quality assurance, and the ability to respond efficiently to future assignments consistent with airport planning and development requirements.

Modesto Municipal Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid. An Award of Proposal and Agreement for On-Call Airport Planning Services at the Modesto 1 i.e. 90600 – Architectural Services - Professional, 90700- Architectural and Engineering Services – Non-Professional, 91800- Consulting Services, 91817 – Aviation Consulting, 91832 – Consulting Services (Not Otherwise Classified), 92500 – Engineering Services – Professional, 92508 – Airports (lighting, Fueling, Navaids) – Engineering, 95802 – Agricultural Management Services (Not Otherwise Classified), 96100 – Miscellaneous Services- No 1 (Not Otherwise Classified), 96200 – Miscellaneous Services – No 2 (Not Otherwise Classified). #22..
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City Council, July 14, 2026
Agreement with Kimley-Horn and Associates for On-Call Planning Services

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Modesto City CouncilJuly 14, 2026

Modesto City Council
July 14, 2026