MAYOR
Ignacio Velazquez
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
CITY MANAGER
Brett Miller
CITY ATTORNEY
Jason S. Epperson
CITY CLERK
Christine Black
POLICE CHIEF
Carlos Reynoso
CITY TREASURER
Anietra Gomez
CITY COUNCIL AGENDA
Special Meeting
April 25, 2022
6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov
REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
**Public Comment is limited to items on the Special Meeting Agenda**
Pursuant to AB361 some or all Council Members may participate in the meeting by telephone or video conference. The purpose of this is to provide a safe environment for staff and the public to conduct city business. The hybrid meeting will be held by teleconference, and the public may attend in person. The public may watch the meeting via live stream at:
City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx >
or
Community Media Access Partnership (CMAP) at:
http://cmaptv.com/watch/ >
Note: CMAP Live Streaming may not be available for Special Meetings.
or
City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured >
Public Participation:
City Council Monday, April 25, 2022 Page 2 of 3
The public may attend meetings; a face mask is recommended, and required to be worn if you are not vaccinated. If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_p7mdrRY -QfOJPJh_kl-x7A
CALL TO ORDER
CLOSED SESSION - 6:00 P.M.
Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
1. Public Employee Appointment
Title: City Attorney
(Gov. Code § 54957)
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
A. CITY COUNCIL OF THE CITY OF HOLLISTER
1. Resolution No. 2022-67 a Resolution of the City Council of the City of Hollister Approving an Appropriation of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign (City Manager)
BRIEF DESCRIPTION: City Council will consider a Resolution to approve an appropriation in the amount of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign.
RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution approving an appropriation in the amount of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign .
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need specia l assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.
Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
City Council Monday, April 25, 2022 Page 3 of 3
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. R ecent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.
The next City Council Meetings are scheduled as follows:
Regular City Council Meeting -- Monday, May 2, 2022, at 6:30 PM Regular City Council Meeting -- Monday, May 16, 2022, at 6:30 PM Regular City Council Meeting -- Monday, June 6, 2022, at 6:30 PM Regular City Council Meeting --Tuesday*, June 21, 2022, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 20th)
STAFF REPORT
CITY COUNCIL SPECIAL MEETING AGENDA
MEETING DATE: APRIL 25, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: A. CITY COUNCIL OF THE CITY
OF HOLLISTER
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010
TITLE OF ITEM: RESOLUTION NO. 2022-67, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $236,400 AND A PROFESSIONAL SERVICES AGREEMENT WITH SIGNS BY VAN
FOR THE DESIGN, FABRICATION, AND INSTALLATION OF A DOWNTOWN
GATEWAY MONUMENT SIGN
BRIEF DESCRIPTION: City Council will consider a Resolution to approve an appropriation in the amount of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign.
RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution approving an appropriation in the amount of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign.
DEPARTMENT SUMMARY: City Council directed Staff to look into the possibility of featuring a gateway monument sign in the downtown area. Staff received a quote from a local vendor that the City has previously used for these type of projects. The estimate received was of $236,382.31. At the April 18th City Council Meeting, Council directed Staff to return with a Professional Services Agreement with the vendor Signs by Van.
Staff has attached the prosed design and can be found as Attachment “B” of this Staff Report.
FINANCIAL IMPACT: $236,400 (Fund 101-1100-750050)
CEQA: N/A
ATTACHMENTS:
1. Signs by Van Appropriation
2. Hollister Marquee Pres - Signs by Van
3. Professional Services Agreement_Signs by Van
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
1 Packet Pg. 4
RESOLUTION NO. 2022-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $236,400 AND A PROFESSIONAL
SERVICES AGREEMENT WITH SIGNS BY VAN FOR THE DESIGN, FABRICATION,
AND INSTALLATION OF A DOWNTOWN GATEWAY MONUMENT SIGN
WHEREAS, the City of Hollister desires to create a beautiful and welcoming downtown through the use of a Gateway Monument Sign; and
WHEREAS, Staff has worked with a vendor who is proposing a Gateway Monument sign that will revitalize our downtown area while creating a landmark in our community; and
WHEREAS, the majority of the Arts and Cultural Commission has reviewed the design; and
WHEREAS, this project will be a sole source acquisition from Signs by Van who will perform all work, and furnish all the labor, materials, equipment to perform the fabrication of a Gateway Sign in the Downtown area of the City of Hollister.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves an Appropriation of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Special Meeting held this 25th day of April, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Christine Black, MMC, City Clerk
APPROVED AS TO FORM:
Epperson Law Group PC
Jason S. Epperson, City Attorney
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-67, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 25th day of April, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of April, 2022.
Christine Black, MMC
City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT
1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.
2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.
3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.
4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.
(ROUND UP TO WHOLE DOLLAR)
Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease General Fund Reserve 101 300101 236,400
Improvements 101 1100 750050 236,400
Total 236,400 236,400
Explanation of Transaction:
Hollister Gateway Sign
Prepared by Date
Department Head
FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.
City Manager
Date Resolution No.
City Clerk
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Hollister Marquee Sign
4/21/2022 -7/01/2022
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Scope
•Design -signage,electrical, structural.
•Permitting requirements through city departments
•Building the sign,structure, underground, lighting
•Installation of signage and brick detail.
•Maintenance package to include instructions for care.
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Completion Estimation
8/06/2022
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
WITH
SIGNS BY VAN
THIS AGREEMENT, made and entered into this 25th day of April, 2022, by and between the City of Hollister, California, a municipal corporation, ("City,") and Signs by Van (“Contractor”).
1. Description of Project: City desires to retain a contractor to perform all work, and furnish all the labor, materials, equipment to perform the fabrication of a Gateway Sign in the Downtown area of the City of Hollister as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendmen t to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CON TRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendm ent to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
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5. Compensation; Retention: Contractor shall be compensated f or services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will ma ke payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professiona l practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Cont ractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies
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and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non -owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
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(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss. (3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured. (4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age.
Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor.
Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement. Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event,
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City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be th e persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention.
Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this
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Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as wa iver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
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27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
Brett I. Miller, City Manager
City of Hollister
375 Fifth Street
Hollister, California 95023
b. To Contractor:
Signs By Van
16130 Highway 156
Salinas, California 93907
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
Signs By Van:
Jeremy Vanderkraat, Owner Date
CITY OF HOLLISTER:
Ignacio Velazquez, Mayor Date
ATTEST:
Christine Black, MMC, City Clerk Date
APPROVED AS TO FORM:
Jason Epperson, City Attorney Date
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EXHIBIT "A"
SCOPE OF SERVICES - BASIC, COMPLETION SCHEDULE
Contractor shall provide the following services:
Design, signage, electrical, structural.
Permitting requirements through city departments
Building the sign, structure, underground, lighting
Installation of signage and brick detail.
Maintenance package to include instructions for care.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $236,400 comprised of the following:
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EXHIBIT "C"
PROJECT STAFF
Jeremy Vanderkraat, Owner
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