MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND
THE ECONOMIC DEVELOPMENT CORPORATION OF SAN BENITO COUNTY This Memorandum of Understanding (“MOU”) between the Economic Development Corporation of San Benito County (the "EDC") and the City of Hollister ("City") (each a “Party” and collectively “the Parties”) establishes the rights and responsibilities of the Parties for the allocation of annual City General Fund monies for economic development to the EDC.
WHEREAS
1. The City is a general law City and municipal corporation;
2. Resolution 2022-___ memorializes the City's desire to develop an MOU with the EDC to provide economic development related services, including but not limited to commercial recruitment, business retention and expansion, business start-up and marketing efforts;
3. The EDC is a 501(c)3 non-profit corporation that was instrumental in the adoption of the 2017-2022 San Benito County Economic Comprehensive Development Strategy (“CEDS”) and is developing the 2023-2028 update of the CEDS;
4. Implementation of the CEDS, pursuit of grants and other business recruitment, expansion, and retention programs requires ongoing investment to support paid qualified economic development staff;
5. San Benito County committed $100,000 per year for five years, and the City of San Juan Bautista committed $8,000 per year, to the EDC to support economic development within San Benito County; and
6. The Parties realize the potential for sustaining economic development services in the City of Hollister and having a work plan with strategic goals and measurable deliverables.
GOAL
Use funding from the City of Hollister, San Benito County, and the City of San Juan Bautista to establish and sustain momentum for economic development in San Benito County.
TERMS AND CONDITIONS
1. Staff: The EDC agrees to retain qualified economic development staff to assist with the following priorities and objectives over the next fiscal year A.5.c
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2022 MOU City of Hollister and the Economic Development Corporation of San Benito County
(FY22-23) to:
a. Collaborate and optimize efforts to expand business and business resources for the City of Hollister.
b. Create a marketing campaign to promote key commercial industrial properties surrounding the Hollister Municipal Airport.
c. Collaborate with local business organizations, including the Hollister Downtown Association and the San Benito County Chamber of Commerce, focusing on the strengths of each business organization, to develop a scalable business attraction plan and ensure there is no duplication of efforts.
d. Work with local jurisdictions, regional economic development organizations, real estate developers, and service providers to showcase industrial properties, the Hollister Municipal Airport, and local opportunities for small businesses.
e. Serve as a liaison for new businesses, business expansions, and business retention efforts by providing tools and resources; guidance with maneuvering through the permit process; a list of current available commercial properties; and assist with financing needs. f. Form teams (made up of EDC staff and members of the San Benito County Business Council, the Hollister Downtown Association, and the San Benito County Chamber of Commerce) tailored to specific business sectors (small, industrial, start-ups, hospitality) to collaborate and problem solve with applicants and businesses that may be considering leaving the City, and encourage visitors at national and state parks to patronize local businesses.
g. Work cooperatively with the Small Business Development Center, San Benito County Workforce Development Board, Cal State Monterey Bay Institute of Innovation and Economic Development, Gavilan Community College, and other educational institutions to foster an entrepreneurial culture to support and spark the development and expansion of small- and large-scale businesses.
h. Cooperate with local and regional partners to create economic resiliency from economic downturns and natural disasters.
i. Maintain programs with on-going listening sessions and network with existing businesses to proactively support business retention and expansion.
j. Work cooperatively with educational institutions, the EDC board, San Benito County Business Council, the Hollister Downtown Association, the San Benito County Chamber of Commerce, local government, and other job support organizations to fill information gaps, create updated toolboxes, A.5.c
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2022 MOU City of Hollister and the Economic Development Corporation of San Benito County
and ensure no duplication of efforts to support new and expanding businesses and work to retain businesses.
k. Pursue Economic Development Administration and other grant funding in cooperation with the City and partner organizations with priority given to projects outlined in the current CEDS.
2. Web Page/Social Media: The EDC agrees to maintain an updated web page and use social media to promote employment and business opportunities , education opportunities, and financing and grant programs; and market the Hollister Municipal Airport and other commercial developments/properties within the City.
3. Marketing: The EDC agrees to work cooperatively with the San Benito County Business Council, the San Benito County Chamber of Commerce and Visitor's Bureau, the San Juan Committee, the Hollister Downtown Association, the City, San Benito County and the City of San Juan Bautista to update and maintain collaborative marketing campaigns with consistent branding and messaging.
4. Leverage Funding: The EDC agrees to pursue approaches to leverage funding for marketing campaigns and specific projects through grants and contributions for such efforts.
5. Partnerships/Education: The EDC agrees to maintain its membership with the California Association of Local Economic Development (CALED) and local and regional economic development organizations and continue to facilitate the Economic Development Partnership and actively participate in monthly and quarterly meetings. The EDC agrees to help serve as a clearinghouse to share information about educational opportunities in support of local businesses.
6. Internships/Volunteer: The EDC agrees to coordinate with Gavilan Community College, Hollister High School, those educational institutions listed in 1.g., and local businesses to develop internship programs in support of employment for local business.
7. Payment: The City agrees to pay the EDC a total of $100,000 for Fiscal Year 2022/23, which will be paid in full after full execution of this MOU and upon receipt of an invoice.
8. Report/Monitoring: The EDC agrees to continue meeting monthly with the City Manager and provide quarterly reports to the City Council. The EDC agrees to present the City Council with an in -person report every six months.
The EDC agrees to collect information and monitor business attraction, retention, and expansion.
9. Annual Retreat: The EDC agrees to include an ad-hoc City Council representative at an annual retreat to review developments over the past year and A.5.c
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2022 MOU City of Hollister and the Economic Development Corporation of San Benito County
outline future goals of the EDC.
10. Hiring Additional Staff: The EDC agrees to pursue the hiring of additional staff beyond an Executive Director (i.e., an Economic Development Coordinator and a Business Development Manager or the equivalent) to support increased business recruitment and expansion efforts; strengthen the EDC’s presence and efforts for additional business resources ; build on fostering relationships with stakeholders; and develop and coordinate policies, programs, and projects that support economic viability for the City of Hollister.
11. Independent Contractor: The EDC acknowledges that it is an independent contractor and not an employee, agent, or representative of the City. EDC acknowledges that it will be solely responsible for and shall indemnify and hold City harmless from all matters relating to the payment of EDC’s employees, subcontractors and others, including compliance with Social Security withholding and all other laws and regulations governing such matters.
12. Hold Harmless: The EDC agrees to indemnify, defend with counsel approved by City, and hold harmless the City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expense, and cost arising out of or in connection with EDC’s negligence, recklessness, or willful misconduct in carrying out these activities. In addition, EDC agrees to indemnify the City from any financial or tax liability arising from EDC’s status as an independent contractor.
13. Taxes: The EDC agrees that, as a non-profit corporation, the EDC is solely responsible for reporting all revenues received and expenditures and payment of all federal and state taxes and social security obligations to employees retained pursuant to this MOU. EDC also agrees that the City will not withhold any payments for federal or state taxes or social security (FICA) or Medicare benefits. In addition, the City
will not provide EDC with coverage for worker's compensation, long or short term disability, or unemployment insurance.
14. Termination: The provisions of this MOU may be terminated upon ninety days (90) days written notice by either Party.
EDC OF SAN BENITO COUNTY
By: ____________________________
Title: ____________________________
Signature: ________________________
CITY OF HOLLISTER
By: _____________________________
Title: _____________________________
Signature: _________________________
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: August 18, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Bonnie Gawf, Interim City Clerk
CONTACT: Bonnie Gawf, Interim City Clerk
831-636-4300 x1017
TITLE OF ITEM: ORDINANCE NO. 1215 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 2.08 OF THE HOLLISTER MUNICIPAL CODE
TO VEST THE CITY MANAGER WITH THE POWER TO APPOINT, DIRECT,
DISCIPLINE, AND DISMISS THE CITY CLERK
BRIEF DESCRIPTION: The City Council will hold a second reading of an amendment to the Hollister Municipal Code, Chapter 2.08, subsection 2.08.020, which will vest the City Manager with the power and duty to appoint, direct, discipline, and dismiss the Hollister City Clerk. Currently, these powers rest with the City Council and this ordinance amendment would remove these powers from the City Council and vest them in the City Manager.
RECOMMENDATION: Staff recommends that the City Council read by title only, waive full reading and ADOPT Ordinance 1215 of the City of Hollister Amending Chapter 2.08, subsection 2.08.020 of the Hollister Municipal Code, which will alter the language to vest the City Manager with the power to appoint, direct, discipline, and dismiss the City Clerk.
DEPARTMENT SUMMARY: Currently, the Hollister City Clerk is appointed by the City Council and serves at the direction and pleasure of the City Council, and according to a contract/employment agreement. The Hollister Municipal Code, Chapter 2.08, subsection 2.08.020, provides that the Hollister City Manager does not have the power to appoint, supervise, direct, discipline, or dismiss the City Clerk. The City Clerk is one of only three employees, along with the City Attorney and City Treasurer, who are not subject to the direction and control of the City Manager.
The California Government Code section 34856 provides as follows:
“The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except the city attorney.
When the offices of city clerk and city treasurer are made appointive, appointments to such offices shall be made by the city council unless the city council vests such appointing power in the city manager by ordinance.”
As the City Clerk’s position has been made “appointive” in the City of Hollister, the City Council has the ability to vest its power to appoint and dismiss the City Clerk in the City Manager, and it may do so by ordinance.
This Ordinance Amendment was introduced at the August 15, 2022 City Council meeting and will vest the City Manager with the power to appoint, direct, discipline, and A.6
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dismiss the City Clerk in the same manner and to the same extent the City Manager currently exercises such powers over other City department heads.
If the Council does not adopt this Ordinance Amendment, the Council will retain for itself the power and duty of appointing, directing, supervising, disciplining, and dismissing the City Clerk.
Staff recommends that the City Council read by title only, waive full reading and ADOPT an Ordinance of the City of Hollister Amending Chapter 2.08, subsection 2.08.020, which will alter the language to vest the City Manager with the power to appoint, direct, discipline, and dismiss the City Clerk of the Hollister Municipal Code.
FINANCIAL IMPACT: $0.00
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 2.08 OF THE
HOLLISTER MUNICIPAL CODE TO VEST THE CITY MANAGER WITH THE POWER
TO APPOINT, DIRECT, DISCIPLINE, AND DISMISS THE CITY CLERK WHEREAS, currently the Hollister City Clerk is appointed by, and serves at the direction and discretion of, the City Council; and
WHEREAS, currently the Hollister Municipal Code provides that the City Manager has the power “to control, order and give directions to all department heads, except the city attorney, the city clerk and the city treasurer…” (Hollister Municipal Code, 2.08.020(B).); and
WHEREAS, currently the Hollister Municipal Code provides that the City Manager has the power “to appoint, discipline and dismiss any and all officers and employees of the city except the city attorney, the city clerk and the city treasurer…” (Hollister Municipal Code, 2.08.020(C).); and
WHEREAS, the City Council wishes to free itself of the burden of overseeing the City Clerk’s position in regards to appointment, direction, discipline, and dismissal ; and WHEREAS, the City Council desires the City Manager to assume the powers and duties of appointing, directing, disciplining, and dismissing the City Clerk; and WHEREAS, California Government Code section 34856 allows the City Council to vest the City Manager with the power to appoint and dismiss the City Clerk.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:
The Hollister Municipal Code at Chapter 2.08 - CITY MANAGER, subsection 2.08.020 - General Powers and Duties is amended to read as follows (deleted language in bold/strikethrough text):
2.08.020 - General powers and duties.
The city manager shall be the administrative head of the city government under the direction and control of the city council, except as otherwise provided in this chapter.
The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to the city manager's general powers as administrative head and not as a limitation thereon, it shall be the city manager's duty and he or she shall have the powers set forth in the following subsections:
A.To see that all laws and ordinances of the city are duly enforced and that all franchises, permits, licenses and privileges granted by the city are faithfully performed and observed;
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B.To control, order and give directions to all department heads, except the city attorney and the city treasurer, and to subordinate officers and employees of the city under his or her jurisdiction through their department heads; C.To appoint, discipline and dismiss any and all officers and employees of the city except the city attorney and the city treasurer;
D.To attend all meetings of the city council, unless excused therefrom by the city council;
E.To recommend to the city council for adoption such measures and ordinances as the city manager deems necessary or expedient;
F.To keep the city council at all times fully advised as to the financial conditions and needs of the city;
G.To prepare and submit to the city council the annual budget and to administer it after adoption;
H.To purchase or cause to be purchased all supplies for all of the departments or divisions of the city. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager; I.To make investigation into the affairs of the city and any department or division thereof and any contract or the proper performance of any obligation running to the city;
J.To investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the services maintained by public utilities in the city and to see that all franchises, permits and privileges granted by the city are faithfully observed;
K.To execute general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the city council;
L.To perform the duties of and act as the tax collector of the city; M.To devote his or her entire time to the duties and interests of the city; N.To make reports and recommendations as may be desirable or as requested by the city council;
O.To perform such other duties and exercise such other powers as may be delegated to the city manager from time to time by ordinance or resolution or other action of the city council;
P.To receive and open all mail addressed to the city council; A.6
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Q.To appoint heads of departments, subject to the approval of the city council; R.To hire employees.
INTRODUCED at a regular City Council meeting on the 15th day of August, 2022.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1215 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: July 26, 2022 AGENDA ITEM:
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25
TITLE OF ITEM: ORDINANCE NO. 1218 AN ORDINANCE OF THE CITY OF
HOLLISTER AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
HOLLISTER AND PREZONING SPECIFICALLY DESCRIBED REAL PROPERTIES (APN 020-460-035, 020-460-036, AND 020-120-064) TO THE LOW DENSITY
RESIDENTIAL PERFORMANCE OVERLAY ZONING DISTRICT
DESCRIPTION: An Ordinance to Prezone three parcels totaling 3.35 acres for future annexation into the Low Density Residential Performance Overlay (R1 -L/PZ) Zoning District.
RECOMMENDATION: The Planning Commission of the City of Hollister recommends that the City Council:
1. Hold a Public Hearing.
2. Read by Title Only, Waive full reading, and INTRODUCE An Ordinance of the City of Hollister Amending the Official Zoning Map of the City of Hollister and Prezoning Specifically Described Real Properties (APN 020-460-035, 020-460- 036, and 020-120-064) to Low Density Residential Performance Overlay (R1 - L/PZ) Zoning District.
3. Schedule a second reading and adoption of the ordinance for the Tuesday, September 6, 2022 City Council Meeting.
DEPARTMENT SUMMARY: The applicant is requesting the City Council to consider a proposal to prezone a 3.35-acre site consisting of three parcels into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District as a prerequisite for future annexation into the City of Hollister. The properties are located south of Hillcrest Road, north of El Dorado Drive, east of Trinity Drive, and west of Los Altos Road, further identified as San Benito County Assessor Parcel Numbers 02 0-460-035, 020-460-036, and 020-120-064. On June 23, 2022, the Planning Commission made a motion to recommend that the City Council approve proposed Prezone 2021 -2, see the attached draft June 23, 2022 Planning Commission meeting minutes. The City of Hollister City Council authorized the Initiation of Prezone application for the project at its regular City Council meeting of March 21, 2021 (Resolution 2021 -124).
Pending prezone and annexation, the site would be zoned Low Density Residential Performance Overlay (R1-L/PZ). The City of Hollister Planning Division received three written public comments – two from Mr. Alex Sywak, and one from Mr. Bill Nicholson, Executive Director of LAFCO – prior to the Planning Commission meeting; as well as a comment letter on July 21, 2022 addressed to the Planning Commission from Mr. Lester Wickman, who also spoke at the June 23, 2022 Planning Commission meeting. All written public comment letters are attached.
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At the March 21, 2021 City Council meeting, staff recommended a modified boundary of the proposed prezone/annexation area. The City Council, as indicated by the adopted Resolution 2021-124, authorized the Initiation of Prezone of the three parcels as proposed by the applicant. Authorization to initiate prezoning proce edings for the larger boundary was not granted by the City Council. Staff recommended to the Planning Commission at the June 23, 2022 that the Planning Commission consider a recommendation to the Council to amend the initiation to include the larger bounda ry, for the reasons indicated in the attached Planning Commission staff report. However, as indicated above, the Planning Commission recommended that the City Council approve Prezone 2021-2 for APNs 020-460-035, 020-460-036, and 020-120-064 as authorized by the Council’s initiation resolution.
FINANCIAL IMPACT: $0
CEQA: Categorically Exempt
ATTACHMENTS:
1. 1. Exhibit A_PZ 2021-2_Intravia
2. 2. Plans For Services_Prezone 2021-2_Hillcrest Rd. & Los Altos Dr._Ted Intravia
3. 3. Staff Report_PZ 2021-2_Hillcrest & Los Altos_Intravia
4. 4. June 23, 2022_Minutes (DRAFT)
5. 5. City Council R124_2021.06.21
6. 6. Flood Zone Map
7. 7. Staff's Recommended Boundary Map
8. 8. 2022.06.14 Email from Alex Sywak
9. 9. 2022.06.21 Letter from Bill Nicholson LAFCO
10. 10. 2022.06.23 Email from Alex Sywak
11. 11. 2022.07.21 Letter from Lester Wickman
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1218
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF HOLLISTER AND PREZONING SPECIFICALLY DESCRIBED REAL PROPERTIES (APN 020-460-035, 020-460-036, AND 020-120-064) TO THE
LOW DENSITY RESIDENTIAL PERFORMANCE OVERLAY ZONING DISTRICT
WHEREAS, following a duly noticed public hearing on June 23, 202 2, the Planning Commission recommended approval of Prezone 2021 -2 for the request to Prezone three parcels totaling 3.35 acres into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District; and
WHEREAS, the City Council does hereby find that the project is Categorically Exempt from CEQA, Section 15332 In-Fill Development Projects, Class 32.
NOW THEREFORE, the City Council of the City of Hollister does hereby ordain as follows:
Section 1: Zoning Map Amended. The Official Zoning Map of the City of Hollister is hereby amended by prezoning to R1-L/PZ (Low Density Residential Performance Overlay Zone) all that real property situated in the County of San Benito, State of California, particularly described in “Exhibit A” and identified as San B enito County Assessor Parcel Numbers (APN) 020-460-035, 020-460-036, 020-120-064 attached hereto and made a part thereof by reference.
Section 2: Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 3: Effective Date. This ordinance shall take effect and be in force thirty days from and after is passage.
Section 4: Publication. Within fifteen days after passage, the City Clerk shall cause this ordinance to be published one time in the Free Lance, a newspaper of general circulation.
INTRODUCED following a public hearing held at a regular meeting on the 15 th day of August, 2022.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
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Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1218 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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Exhibit A E.1.a
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E.1.b
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DEVELOPMENT SERVICES DEPARTMENT
City of Hollister
Planning Division
PLANNING COMMISSION STAFF REPORT
MEETING DATE: June 23, 2022
APPLICATION NO.: Prezone 2021-2
APPLICANT: Ted Intravia
OWNER: Ted Intravia/Ron Culler
REQUEST: The applicant is requesting to prezone for future annexation 3 parcels, totaling approximately 3.10 acres, into the Low Density Residential Performance Overlay (R3-L/PZ) Zoning District.
LOCATION: South of Hillcrest Road, west of Los Altos Drive, east of Trinity Drive
APN 020-460-035, 020-460-036, 020-120-064
STAFF PLANNER: Eva Kelly, Interim Planning Manager (831) 636-4360
PROJECT
DESCRIPTION: The applicant is requesting approval to prezone 3.10 acres of land (3 parcels) into the Low Density Residential Performance Overlay (R3-L/PZ) Zoning District. The properties are located south of Hillcrest Road, west of Los Altos Drive, and east of Trinity Drive, further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, and 020-120-064. The properties are located within the City of Hollister Sphere of Influence and General Plan Planning Area, and are contiguous to the City Limits on the western boundary of APNs 020-460-036 and 020-120-064. The current General Plan Designation of the project site is Low Density Residential.
The City Council authorized the initiation of the application for prezoning of the properties at the regular meeting of June 21, 2021 (Resolution 2021-124).
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PC Staff Report
PZ 2021-2 / Ted Intravia
DISCUSSION: Local Agency Formation Commission (LAFCO):
Pending prezoning approval, the City Council will be asked to approve a resolution requesting the Local Agency Formation commission (LAFCO) to initiate proceedings for annexation of the property. The Sphere of Influence approved by LAFCO establishes a boundary where it is anticipated that City Services will be available. A prezone application must include a plan for providing services that describes how public services will be provided to the property being considered for prezoning and annexation. The Plan for Services is provided as an attachment of this report.
Annexation Process:
Table 1 below lists a brief overview of the process for prezoning and annexation.
Table 1: Prezoning and Annexation Overview
Property Tax Exchange: The Revenue and Taxation Code authorizes counties and cities to enter into master property tax agreements for the exchange of property tax revenues in the event of annexation of territory into a city. The City Council of the City of Hollister approved a property tax exchange agreement on December 16, 2019. The intent of the agreement is to assure that the future Step Type of Action
1 Application filed for prezoning and annexation
2 City Council approves or disapproves initiation of
annexation
3 Environmental review is completed if necessary
4 Planning Commission recommendation to City
Council for prezoning
5 City Council holds public hearing for first reading
of ordinance to prezone property
6 City Council conducts second reading and
approves ordinance which takes effect after 30
days
7 City Council approves a resolution requesting the
Local Agency Formation Commission of San
Benito County to initiate proceedings to annex the
pre-zoned property
8 LAFCO approves annexation
9 Certificate of Completion is filed with the County
Clerk and the annexation takes effect
10 Annexation and required fees are filed with State
Board of Equalization
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PC Staff Report
PZ 2021-2 / Ted Intravia
development of the residential property will be fiscally neutral to the City and County, and to assure that there is sufficient revenue to provide long term levels of public services.
Project Boundary:
The current application is for the prezone for annexation of three parcels totaling approximately 3.10 acres. At the June 21, 2021 City Council meeting, the council considered the initiation of prezone for the proposed project. Staff’s recommendation to the City Council during the hearing was to include the subject parcels as well as all of the properties within the boundary area between the existing city limits to the south and Hillcrest Road, and within a line drawn north from the existing city limits at Cobblestone Court to Hillcrest Road.
See that attached Staff’s Recommended Boundary Map. However, the City Council did adopt Resolution 2021-124 which authorized the Initiation of Prezone 2021-2 as proposed for the three parcels owned by the applicant.
Staff would still recommend the inclusion of additional parcels to create a more logical city limit boundary line in the area and so as to not create future unincorporated islands and peninsulas surrounding the city limits.
Environmental Analysis:
The project as proposed is Categorically Exempt from CEQA pursuant to Section 15332 In-Fill Development Projects Class 32, which consists of project characterized as in-fill development meeting the following conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare, or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e. The site can be adequately served by all required utilities and public services.
Analysis: The project is proposed for prezoning to the Low Density Residential Performance Overlay Zoning District, which is consistent with the General Plan designation of Low Density Residential. The project area is identified as a “Priority Infill Area” E.1.c
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PC Staff Report
PZ 2021-2 / Ted Intravia
in the City of Hollister 2005-2023 General Plan. The prezoning of the site would not approve any development plans for the property.
Any future development project proposal would be required to comply with all applicable general plan policies and regulations and obtain all necessary approvals.
Findings for Approval: Pursuant to Section 17.24.250 of the Hollister Municipal Code, the following findings must be made for the approval of a prezone application:
1. The amendment is internally consistent with all other provisions of the General Plan.
The proposed prezoning (R1-L/PZ) of the project site is consistent with the current general plan designation of Low Density Residential. The site is located within the City of Hollister Sphere of Influence, and was anticipated for future annexation in to the City of Hollister City Limits.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare.
This finding cannot be made. While the project site is
contiguous to the city limits along the western boundary of two of the parcels, APNs 020-460-036 and 020-120-064, the
annexation boundary as proposed would create a peninsula of unincorporated land within the boundary of the City Limits to the south of the project site. The creation of unincorporated islands and peninsulas is discouraged by LAFCO, which is the ultimate authority on boundary changes and annexation of territory.
In addition, the access to APNs 020-460-035 and 020-460-036 is located at Los Altos Drive on the eastern boundary of the project site (APN 020-120-064 has one existing residential unit which accesses Hillcrest Road to the north). Los Altos Drive, with the exception of the right-of-way directly along the narrow project frontage which would be annexed with the property if approved, is within the jurisdiction of San Benito County surrounding the project site. Any future development, as well as the existing single family residence on APN 020-460-035 would have no contiguous access to City roads, though the
development would be within the limits of the City of Hollister and developed to City standards. Los Altos Drive to the south of the project site is currently barricaded at the current City Limit near Cobblestone Court, which also limits access for emergency E.1.c
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PC Staff Report
PZ 2021-2 / Ted Intravia
and other city services to this project site. The impacts of any development of this site would have to consider impacts to San Benito County roadways in addition to City facilities.
There is an existing city sewer service line located in Los Altos Drive that serves several of the unincorporated properties in the vicinity of the project site, and within the recommended modified annexation boundary. Annexation of all of the properties rather than creating a county peninsula in this area would also serve the public interest in that any county properties which are currently utilizing city services would become incorporated into the city limits, and any properties in the vicinity which are currently on a septic system would be more easily able to connect to the City’s sewer services. This is in line with the San Benito County Region’s mutual goals of protecting the county water supply, and discouraging the use of septic systems.
3. The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses or development.
The proposed project site is generally flat and is proposed for low density residential development. There are existing services available nearby to any future development, and the site is surrounded by low density residential development on all sides.
It is important to note that access to this property is available, but requires use of San Benito County roads, it is not contiguous to the City’s right-of-way as proposed.
RECOMMENDATION: Staff recommends that the Planning Commission review the applicant’s request; receive all written and oral testimony regarding the proposal; and make the following motion:
1. Adopt a resolution recommending that the City Council take the following actions:
a. Deny the application for Prezone 2021-2 as proposed, based on the findings contained in the draft resolution;
b. Direct the applicant to modify the application proposal to include the unincorporated area bound by the City Limit on the west just east of Trinity Drive; bound by the City Limit on the south near El Camino de Vida and Cobblestone Court; bound on the east by a line drawn from the City Limit at the northeast corner of 1640 Cobblestone Court north to
Hillcrest Road; and bound on the north by Hillcrest Road.
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PZ 2021-2 / Ted Intravia
SITE INFORMATION: A small portion of the eastern corner of APN 020-460-035 is located within FEMA Flood Zone AE. Floodplain areas identified in Zone AE must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights.
The project is not located in a special study seismic zone.
SITE DESCRIPTION: The proposed project is located south of Hillcrest Road, west of Los Altos Drive, east of Trinity Drive, and north of El Dorado Drive; further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, and 020-120-064.
ZONING: Low Density Residential Performance Overlay (R1-L/PZ) Zoning District (Proposed)
GENERAL PLAN: Low Density Residential
LAND USE: APN 020-120-064: One Existing Residence
APN 020-460-036: Vacant
APN 020-460-035: One Existing Residence
SURROUNDING USES: (North) Residential (San Benito County) (South) Residential (San Benito County)
(East) Residential/Vacant (San Benito County)
(West) Residential (R1-L/PZ, City of Hollister)
CEQA: The project is Categorically Exempt from CEQA, pursuant to Section 15332 In-Fill Development Projects, Class 32.
NOTICE
Appeal Notice: Any person aggrieved by the decision of the Planning Commission may appeal the decision within fifteen (15) calendar days to the City Council. The Notice of appeal must be in writing and shall set forth specifically wherein the Planning Commission’s decision was inappropriate or unjustified. Appeal forms are available at the City Planning Department and the City Clerk’s office and may be obtained at the Planning Commission meeting. Appeals to the City Council shall be submitted to the City Clerk as prescribed by Ordinance No. 843.
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MINUTES
HOLLISTER REGULAR PLANNING COMMISSION MEETING
June 23, 2022
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
The Regular Meeting of the Planning Commission was called to order by Chairperson Roxanne Stephens on June 23, 2022 at 6:00 p.m. in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
PLEDGE OF ALLEGIANCE
Vice-Chairperson Henderson led the Pledge of Allegiance.
ROLL CALL
STAFF IN ATTENDANCE
Attendee Name Title Status Arrived
David Huboi District 2 Present
Roxanne Stephens Chairperson / Entire City Present
Kevin Henderson Vice Chairperson/ District 1 Present
Vacant District 3 N/A
Luke Corona District 4 Present
Attendee Name Title Status Arrived
Jennifer
Thompson
City Attorney Present
Adrianna Ortiz Development Services Director Present
Eva Kelly Interim Planning Manager Present
Tad Stearn Consulting Planner (Kimley-
Horn)
Remote
Liz Gagliardi Associate Planner Present
Vanessa Lopez Planning Technician Present
Paul Da Silva Information Systems &
Technology Director
Present
Mark Falgout Acting City Engineer (Kimley-
Horn)
Remote
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June 23, 2022
Regular Planning Commission Minutes
VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister Planning Commission Meeting for Thursday, June 23, 2022 was posted on the bulletin board at City Hall on Friday, June 17, 2022 at 4:40 p.m. per Government Code section 54956.
APPROVAL OF MINUTES
Commissioner Huboi motioned to approve the Thursday, February 24, 2022 Minutes with no changes. Motion seconded by Vice-Chairperson Henderson.
The Thursday, February 24, 2022 Minutes were approved by a unanimous vote of the Planning Commission, 4-0-0-0.
RESULT: Adopted [Unanimous]
MOTION: David Huboi
SECOND: Kevin Henderson
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
PUBLIC INPUT
No speaker cards were received for public input at City Hall, and no hands were raised on Zoom.
PUBLIC HEARINGS
1. Tentative Map 2021-4, Conditional Use Permit 2022-1 for a Planned Unit Development – PAD Investment Trust, et al – The applicant is requesting a Vesting Tentative Map and Conditional Use Permit for a Planned Unit Development approval to subdivide 13.79 acres into 95 lots. The subdivision would create 92 new residential single family detached lots, a parcel to be dedicated for public park space, a parcel for stormwater treatment, and a remainder lot with an existing home that will remain. The property has a General Plan designation of Low Density Residential, and is within the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District. Site and Architectural Review is not part of the application. The project is located between North Chappell Road and the Highway 25 Bypass, north of Primavera Drive, further identified as San Benito County Assessor Parcel Number 051-230-005. CEQA: Environmental Impact Report (previously prepared).
Interim Planning Manager Kelly introduced Consulting Planner Tad Stern (Kimley-Horn) to present the staff report.
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June 23, 2022
Regular Planning Commission Minutes
Open Public Hearing: 6:27 p.m.
Public Providing Testimony: Victor Gomez, Augie Dent
Closed Public Hearing: 6:36 p.m.
Commissioner Corona motioned to adopt the resolution approving Vesting Tentative Map 2021-4, subject to the findings and conditions contained in the draft resolutions, and to adopt the resolution approving Conditional Use Permit 2022-1 for a Planned Unit Development subject to the findings and conditions contained in the draft resolution.
Motion seconded by Vice-Chairperson Henderson.
Motion failed at a tie vote by the Planning Commission, 2-2-0-0.
RESULT: Motion Failed [Tie Vote]
MOTION: Luke Corona
SECOND: Kevin Henderson
AYES: Corona, Henderson
NOES: Huboi, Stephens
RECUSED:
ABSTAIN:
ABSENT:
Commissioner Huboi motioned to return the item to a future agenda with more information on the density calculation and specifically on what it means to calculate net density in relation to the current definition of density. Motion seconded by Chairperson Stephens.
Motion was unanimously carried by the Planning Commission, 4-0-0-0.
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
2. Site & Architectural Review 2021-5 – Felipe Nine, LLC – The applicant is requesting Site & Architectural Review approval for the construction of a 337,710 square foot greenhouse building for cannabis cultivation, distribution, and manufacturing in the North Gateway (NG) Zoning District. The project is located at 773 San Felipe Road, east of San Felipe Road, north of N. Chappell Road; further identified as San Benito County Assessor Parcel Numbers 051-100-035, 051-100-036, and 051-100-046. CEQA: Mitigated Negative Declaration.
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June 23, 2022
Regular Planning Commission Minutes
Interim Planning Manager Kelly presented the staff report.
Open Public Hearing: 7:12 p.m.
Public Providing Testimony: Geary Coats
Closed Public Hearing: 7:14 p.m.
Commissioner Huboi motioned to continue the item to a date uncertain. Motion seconded by Commissioner Corona.
Motion was unanimously continued to date uncertain by the Planning Commission, 4-0- 0-0.
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Luke Corona
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
3. Tentative Map 2021-3, Conditional Use Permit 2021-10 for a Planned Unit Development – Stonebridge Homes/Hugh Walker – The applicant is requesting a Vesting Tentative Map and Conditional Use Permit for a Planned Unit Development approval to subdivide 9.3 acres into 101 lots. The subdivision would create 100 new residential single family detached lots and a parcel for stormwater treatment. The property has a General Plan designation of Medium Density Residential, and is within the Medium Density Residential Performance Overlay (R3-M/PZ) Zoning District. Site & Architectural Review is not part of the application. The project is located at 1070 Buena Vista Road, north of Buena Vista Road, west of Westside Boulevard, and south of Westside Road., further identified as San Benito County Assessor Parcel Number 019-120-005. CEQA: Mitigated Negative Declaration (previously prepared).
Interim Planning Manager Kelly introduced Consulting Planner Tad Stearn (Kimley-Horn) to present the staff report.
Open Public Hearing: 7:29 p.m.
Public Providing Testimony: None
Closed Public Hearing: 7:29 p.m.
Speaker card received from audience member
Public Hearing Re-opened: 7:38 p.m.
Public Providing Testimony: Hugh Walker
Closed Public Hearing: 7:40 p.m.
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June 23, 2022
Regular Planning Commission Minutes
The following conditions for TM 2021-3 were discussed:
67. This condition was removed. Previously read: No buildings, trees, bushes other structures or materials shall be placed within ten feet (10’) of the meters, water lines or sanitary sewer connections and laterals.
69. This condition was removed. Previously read: Separate plans and permits are required from the State of California Department of Transportation (Caltrans) for work or construction staging within state public rights-of-way. Said plans shall be provided to the City of Hollister for review and approval of consistency with the project mitigation measures, conditions of approval, Development Plan, and conformance with the subdivision improvements.
79. This condition was removed. Previously read: Secondary access is required from all portions and/or phases of the subdivision where more than 30 dwelling units are proposed.
The location and development of the proposed secondary access shall be presented to the City for review and approval prior to the preparation of the related improvement plans or final map approval for each subsequent map or construction phase. Any temporary or permanent emergency access location, construction, and controls shall be in accordance with the Fire Code, City Engineering Standards, and shall be approved to the satisfaction of the Fire Department and Public Works Department.
Vice-Chairperson Henderson motioned to adopt a resolution approving Vesting Tentative Map 2021-3, subject to the findings and conditions within the draft resolution with the removal of Conditions 67, 69, and 79 as discussed. Second by Commissioner Corona.
Motion failed at a tie vote by the Planning Commission, 2-2-0-0.
RESULT: Motion Failed [Tie Vote]
MOTION: Kevin Henderson
SECOND: Luke Corona
AYES: Corona, Henderson
NOES: Huboi, Stephens
RECUSED:
ABSTAIN:
ABSENT:
Commissioner Huboi motioned to bring Tentative Map 2021-3 back to a future meeting with further clarification of the density as it relates to current allowances in the Municipal Code. Second by Chairperson Stephens.
Motion was unanimously carried by the Planning Commission, 4-0-0-0.
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June 23, 2022
Regular Planning Commission Minutes
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Commissioner Huboi motioned to bring Conditional Use Permit 2021-10 back to a future meeting with further clarification of the density as it relates to current allowances in the Municipal Code. Second by Chairperson Stephens.
Motion was unanimously carried by the Planning Commission, 4-0-0-0.
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
4. Prezone 2021-2 – Ted Intravia – The applicant is requesting to prezone for future annexation 3 parcels, totaling approximately 3.10 acres, into the Low Density Residential Performance Overlay (R1-L/PZ) Zoning District. The parcels are located south of Hillcrest Road, west of Los Altos Drive, and east of Trinity Drive, and north of El Dorado Drive; further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460- 036, & 020-120-064. CEQA: Categorically Exempt.
A disclosure was given by all Planning Commissioners that Anne Hall had emailed them prior to the Planning Commission meeting regarding the Prezone 2021-2. Commissioner Huboi additionally disclosed that on June 21st he had a discussion with the applicant in his office for informational purposes only.
Interim Planning Manager Kelly presented the staff report.
Open Public Hearing: 8:16 p.m.
Public Providing Testimony: Alex Sywak, Ann Hall, Lester Wickman, and Ted Intravia.
Written Comments Received Prior to Planning Commission Meeting From: Alex Sywak, Bill Nicholson
Closed Public Hearing: 8:33 p.m.
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June 23, 2022
Regular Planning Commission Minutes
Commissioner Huboi motioned to recommend that the City Council approve Prezone 2021-2 for three parcels as proposed, and not include the surrounding parcels which were recommended by staff. Second by Commissioner Corona.
Motion was unanimously carried by the Planning Commission, 4-0-0-0.
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
1. Minor Subdivision 2018-3 Amendment – Alan Brookshire – The applicant is requesting approval to remove the requirement to underground a power pole located in the unnamed alley behind the project, which was required as part of Condition of Approval 11 of Planning Commission Resolution 2018-36. The project is located at 221 Hawkins Street, south of Hawkins Street, east of San Benito Street, and west of East Street in the Downtown Mixed Use (DMU) Zoning District. The property is further identified as San Benito County Assessor Parcel Number 056-091-002. CEQA: Categorically Exempt.
Interim Planning Manager Kelly presented the staff report.
Open Public Hearing: 8:52 p.m.
Public Providing Testimony: Anne Hall, Alan Brookshire
Close Public Hearing: 8:59 p.m.
Commissioner Huboi motioned to uphold the applicant’s request regarding Condition of Approval 11 of Resolution 2018-36, and to remove the requirement for undergrounding of the utility pole. Second by Chairperson Stephens.
Motion was unanimously carried by the Planning Commission, 4-0-0-0.
RESULT: Motion Carries [Unanimous]
MOTION: David Huboi
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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June 23, 2022
Regular Planning Commission Minutes
NEW BUSINESS
Interim Planning Manager Kelly introduced new Planning and City Attorney Staff: Adrianna Ortiz, Development Services Director (4LEAF); Jennifer Thompson, City Attorney (Lozano-Smith); Vanessa Lopez, Planning Technician (4LEAF); Liz Gagliardi, Associate Planner (4LEAF); Erica Fraser, Senior Planner (4LEAF); and Samuel Fluhmann, Planning Technician (4LEAF).
Update that Abraham Prado has accepted a position as Assistant Director of the RMA with San Benito County, and is no longer with the City of Hollister.
OLD BUSINESS
Update on the General Plan Update from Interim Planning Manager Kelly. Staff has currently received most of the chapters of the Administrative Draft, and is reviewing these chapters.
PLANNING DEPARTMENT REPORTS
None.
PLANNING COMMISSION REPORTS
None.
ADJOURNMENT
Commissioner Huboi motioned to adjourn the meeting at 9:15 p.m. Motion seconded by Chairperson Stephens.
Motion was unanimously adopted by the Planning Commission, 4-0-0-0.
RESULT: Motion Carries [Unanimous]
MOTION: Kevin Henderson
SECOND: Roxanne Stephens
AYES: Huboi, Corona, Henderson, Stephens
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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RESOLUTION NO. 2021-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION OF PREZONE 2021-2 TO INITIATE THE PREZONING AND
EXPANSION OF THE SPHERE OF INFLUENCE TO INCLUDE THREE PARCELS TOTALING 3.10 ACRES LOCATED IN THE UNINCORPORATED AREA OF THE
COUNTY OF SAN BENITO, SOUTH OF HILLCREST ROAD AND WEST OF LOS ALTOS
DRIVE, FURTHER IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBERS 020-460-035, 020-460-036, & 020-120-064
WHEREAS, under provisions of Section 17.24.250 of the Zoning Ordinance, the Director of the City of Hollister Development Services Department shall first submit a complete application for prezoning to the City Council for the Council to direct whether the prezoning will or will not proceed; and
WHEREAS, the Sphere of Influence is an important benchmark because it defines the primary area within which urban development is to be encouraged and where the city will be expanding providing new or extended services; and
WHEREAS, The City of Hollister Development Services Department received the Initiation of Prezone application and request to expand the Sphere of Influence to include San Benito County Assessor Parcel Numbers 020-046-035, 020-460-036, & 020-120- 064, and forwarded the request to the City of Hollister Development Review Committee to assess the proposal for compliance will all relevant regulations; and WHEREAS, the City Council at its meeting of June 21, 2021 considered the applicant's request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, the City Council deliberated and determined to grant the applicant's request and approve the application for Initiation of Prezone 2021-2 and the expansion of the Sphere of Influence in accordance with Section 17.24.250 of the Zoning Ordinance, and based on the facts as presented, and the code requirements as plainly stated; and
CITY OF HOLLISTER
DUPLICATE OF ORIGINAL
ON FILE IN THE
OFFICE OF THE CITY CLERK
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Resolution No. 2021-124
WHEREAS, public hearings shall be set before the Planning Commission and City Council for the prezoning of the property in compliance with Section 17.24.120 Public Hearings of the Zoning Ordinance; and
WHEREAS, at the June 21, 2021, meeting, City Council made the amendment stating that if any other parcels in the vicinity would want to annex into the City they would have to perform the CEQA requirement for the entire peninsula.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve of the Initiation of Prezone 2021-2 and the expansion of the Sphere of Influence.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of June, 2021, by the following vote:
AYES: Council Members Perez, Resendiz, Burns, and Mayor Velazquez.
NOES: None.
ABSTAINED:None.
ABSENT:None.
Ignacio Velazquez, Mayor
ATTEST:APPROVED AS TO FORM:
Epperson Law Group PC
Christ!ne Black, MMC, City Clerk
Jas S. person, City Attorney
CITY OF HOLLISTER
DUPLICATE OF ORIGINAL
ON FILE IN THE
OFFICE OF THE CITY CLERK
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-124 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 21st day of June, 2021, 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 21st day of June, 2021.
Christine Black, NAMC
City Cierk of the City of Hollister
Seal)
CITY OF HOLLISTER
DUPLICATE OF ORIGINAL
ON "=1LE 1N THE
OFFICE OF -1 HL CITY CL.ER4
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FLOOD ZONE MAP
Legend
Project Boundary
Flood Zone AE
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LEGEND
City Limit
Applicant Proposal PZ 2021-2
City Staff Recommended Boundary
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: August 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: RESOLUTION NO. 2022-162, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $69,880 AND A PROFESSIONAL SERVICES AGREEMENT WITH FEDERAL ENGINEERING, INC. TO CONDUCT A FEASIBILITY STUDY FOR A HOLLISTER
POLICE DEPARTMENT DISPATCH AND LIVE CRIME CENTER
BRIEF DESCRIPTION: City Council will consider a resolution to approve an appropriation in the amount of $69,880 and a Professional Services Agreement with Federal Engineering, Inc. to conduct a feasibility study for the Hollister Police Department to have its own dispatch center and live crime center.
RECOMMENDATION: Staff recommends the City Council Adopt a Resolution approving an appropriation of $69,880 and a Professional Services Agreement with Federal Engineering, Inc. to conduct a feasibility study for the Hollister Police Department to have its own dispatch center and live crime center.
DEPARTMENT SUMMARY: The City of Hollister has been contracting for Public Safety Dispatching with Santa Cruz Regional 911 (SCR911) since 2010. Previously the city contracted services with San Benito County. Over the years, the cost of the contract has steadily increased and some services are not offered to our comm unity by SCR911.
Earlier this year the Ad Hoc Committee assigned to look into the communication needs of our community held a meeting with staff. The Ad Hoc Committee requested staff look into a feasibility study to look into the possibility of Hollister starting a local dispatch center and to use our camera network to create a live crime center along with the dispatch center.
City Council approved a request for bid for a feasibility study. The bid process has concluded and two firms provided a bid for the feasibility study.
Staff received a bid from Federal Engineering, Inc. and from Resource Management Associates (RMA). After review of the proposals, staff recommends the city accept the proposal from Federal Engineering, Inc.
The proposal from Federal Engineering, Inc. provided a total cost of $69,880. The proposal from Resource Management Associates provided a total cost of $29,995.
However, the proposal noted Federal Engineering, Inc. provided several previous projects similar to the current study requested and the firm has a vast amount of experience and provides additional staff including architects that are proposed to be part of the team assigned to this study.
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Federal Engineering, Inc. has previously conducted a feasibility study f or a Real Time Crime Center for Gwinnett County, Georgia, a Dispatch and Communications Operations Feasibility Study for Palm Beach Gardens, Florida, a CAD/RMS Technical and Operational Assessment for Seattle Police, a Fire and EMS Dispatch Consolidation Study for Redwood Empire Dispatch in Santa Rosa, CA., and a Fire Department Communications System Assessment and Design for El Dorado Hills, California to name a few.
Staff at the police department has reviewed both proposals and has spoken to some of the previous public safety customers for Federal Engineering, Inc. all of the responses have been very favorable. In review with staff and the fact that Federal Engineering, Inc. has specific experience of doing exactly what we are proposing, staff has unanimously recommended the proposal from Federal Engineering, Inc. as the best proposal for the feasibility study requested here in Hollister.
FINANCIAL IMPACT: Increase to current FY budget of $69,880
CEQA: N/A
ATTACHMENTS:
1. Federal Engineering - Hollister CA PRO Dispatch Study 20220624
2. HOLLISTER DISPATCH.PRO.RMA.220708
3. Feasibility Study RFP City of Hollister
4. FE, Inc Appropriation Form
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $69,880 AND A PROFESSIONAL SERVICES AGREEMENT WITH FEDERAL ENGINEERING, INC. TO CONDUCT A FEASIBILITY
STUDY FOR A HOLLISTER POLICE DEPARTMENT DISPATCH AND LIVE CRIME CENTER
WHEREAS, the City has a need for a feasibility study for a dispatch center and live crime center; and
WHEREAS, the City Council of the City of Hollister has previously issued a request for bid for the feasibility study; and
WHEREAS, the City has received a proposal from Federal Engineering, Inc. for the amount of $69,880; and
WHEREAS, although the bid is not the lowest bid received, it is the bid with the closest match per the bid request; and
WHEREAS, Federal Engineering, Inc. provided a bid with the most experience in this field and the best plan to move forward; and
WHEREAS, staff recommends the City accept the proposal from Federal Engineering, Inc.; and have the City Manager sign a professional services agreement with Federal Engineering, Inc.; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister Approves an Appropriation of $69,880 and a Professional services agreement with Federal Engineering, Inc. to conduct a feasibility Study for a Hollister Police Department Dispatch and Live Crime Center.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
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Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-162, 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 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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City of Hollister,
California
Proposal for:
Hollister Dispatch Center/Live Crime Center
Feasibility Study
June 24, 2022
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Federal Engineering, Inc.
10560 Arrowhead Drive
Fairfax, VA 22030
703-359-8200
June 24, 2022
Submitted via email: [email protected]
Captain Rosie Betanio
Hollister Police Department
City of Hollister
395 Apollo Way
Hollister, CA 95023
Dear Captain Betanio:
Federal Engineering, Inc. (FE) is pleased to submit this proposal to serve as your consultant for the City of Hollister’s Dispatch Center/Live Crime Center Feasibility Study. This proposal details our qualifications required for the successful completion of the tasks defined in your request for proposal (RFP).
FE provides expert consulting services across the nation, successfully completing similar projects for Gwinnett County, Georgia and the Cities of Seattle, Washington, New Hanover, North Carolina, and Palm Beach Gardens, Florida, to name a few. Our work in California, includes the State of California, the counties of Marin, Merced, Monterey, Santa Cruz, and Kern, and the cities of Los Angeles, Oakland, San Francisco, Berkeley, El Dorado Hills, and Santa Monica.
Our PSAP services include technical and operational assessments, computer aided dispatch, mobile data terminals, and law enforcement records management systems (CAD/MDT/ RMS) replacement projects, Next Generation 911 (NG-911) transitions, and many other public safety services provided for agencies at all levels of government. The City of Hollister will reap the benefits of the many public safety dispatch models and technology solutions FE has successfully implemented for clients across North America. Our experts will work closely with your designated stakeholders to achieve the objectives of the RFP.
Our senior management team is actively involved in all projects, providing both technical and operational guidance as well as executive management. As the founder of FE, I will participate in the negotiation of contractual issues. By my signature below, I hereby authorize submission of this proposal and bind Federal Engineering, Inc. to its terms and conditions for a period of 90 days from the due date for proposal responses.
If you have any questions regarding our proposal, or if further information is needed, please contact Jeffrey Paré, Business Development Director, by phone at 530-263-8541 or via email to [email protected]. Federal Engineering looks forward to working with the City of Hollister on this critically important project.
Sincerely,
Ronald F. Bosco
President and Chief Executive Officer
Federal Engineering, Inc.
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Table of Contents
A. TITLE PAGE ................................................................................................................ 1 B. SCOPE OF WORK, COST PROPOSAL, TIMELINE .......................................................... 2 B.1 Project Understanding ............................................................................................. 2 B.2 Project Management and Quality Assurance Approach ................................................. 2 B.3 Scope of Work (RFP Section 2) ................................................................................. 4 B.4 Cost Proposal (RFP Page 4.B) ................................................................................... 9 B.5 Timeline to Perform Scope of Work ......................................................................... 11 C. REFERENCES (RFP Page 4.C) ................................................................................... 12 D. FE EXPERIENCE AND QUALIFICATIONS ................................................................... 18 D.1 Corporate Profile .................................................................................................. 18 D.2 FE’s Relevant Experience and Qualifications ............................................................. 21 D.3 FE’s Project Team Qualifications and Experience ....................................................... 28 E. ATTACHMENT 1—INSURANCE REQUIREMENTS ........................................................ 36
Table of Exhibits
Exhibit 1—Quality Assurance Review Board ............................................................................. 3 Exhibit 2—Federal Engineering’s Corporate Structure ............................................................. 19 Exhibit 3—Project Team Organizational Chart ........................................................................ 28
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A. TITLE PAGE
Proposal for Hollister
Dispatch Center/ Live Crime
Center Feasibility Study
Submitted to
Captain Rosie Betanio
Hollister Police Department
395 Apollo Way
Hollister, CA 95023
[email protected]
Closing Date & Time
5:00 p.m., Friday, June 24, 2022
Federal Engineering Contact
Ronald F. Bosco, President & CEO
10560 Arrowhead Drive
Fairfax, VA 22030
703-359-8200 (o)
703-359-8204 (f)
[email protected]
Ronald F. Bosco, President & CEO
Federal Engineering, Inc.
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B. SCOPE OF WORK, COST PROPOSAL, TIMELINE
B.1 Project Understanding
The City of Hollister is seeking a consultant to analyze the feasibility for the City to create its own dispatch and live crime center that will provide services to the community of Hollister and San Benito County.
The current dispatching services are provided by Santa Cruz Regional 911 (SCR911), which is located to the north in neighboring Santa Cruz County.
FE understands that every project is unique. Our proposed approach has been custom tailored to meet your needs and achieve your goals. FE uses a proven process for performing feasibility studies to determine the most effective and efficient model for dispatching emergency services. We have worked with dozens of agencies in California and hundreds around the Country from which we will draw information to support Hollister’s study. FE subject matter experts will evaluate processes and internal protocols, operations, staffing, costs from similar sized dispatch centers, facility requirements and high-level design, and capital and operational cost to establish a new dispatch/live crime center. Our technical experts do not bring pre-conceived ideas about what will work for the City of Hollister but rather we thoroughly assess, analyze, and recommend based on your specific needs and local culture.
FE has established a reputation for providing straightforward, independent advice based on client needs, factual data, expert analysis, industry knowledge, and hands-on senior experience. We have steadfastly maintained our independence to provide clients with objective recommendations based on our knowledge and expertise—we are not selling projects or managed services and we are not system integrators. FE is acknowledged as the “go to” firm in our industry for complex consulting projects. We are proud of our corporate stability and the fact that we are routinely asked by clients to finish projects other consulting firms have left behind.
B.2 Project Management and Quality Assurance Approach
FE’s project manager will focus on the City’s needs and establish a baseline project management process that centers on collaboration, open communications, consensus building, and the discovery and minimization of risks. Our project manager will continually coordinate activities with the City’s point of contact, involve your stakeholders as needed, and serve as a primary resource to the City of Hollister.
FE follows the most recent practices in the Project Management Institute’s Project Management Body of Knowledge (PMBOK). Our project manager oversees the completion of project tasks, milestones, and deliverables in compliance with the City’s requirements, manages official communications, and maintains the project schedule to remain on time and within budget.
FE’s project manager will work closely with the City’s primary point of contact to efficiently execute the project. We appreciate that your personnel are already burdened with current work, F.1.a
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and we will minimize the additional workload that this project puts on participating personnel. We also realize that you are starting from scratch with this feasibility study and need a firm with real dispatch center experience to be your trusted advisor. The project plan and schedule will be adjusted as needed as the project evolves through deliverables, approval processes, and meeting schedules. We anticipate that designated City personnel will have the following responsibilities during the effort:
• Provide existing data to FE to facilitate a quick start to the project • Provide adequate conference rooms for on-site meetings if we can safely gather in person • Review deliverables within the timeframe of the mutually agreed upon project schedule • Facilitate consensus/decision making on key issues in a timely manner Our services cover each phase of your project’s lifecycle from initiation through data gathering, documentation review, and interviews to analysis and recommendations to delivery of a final report. We believe in staying close to our clients. Our team of subject matter experts will engage the City’s project team and other stakeholders through onsite meetings, conference calls, Internet-based conference calling, and document sharing.
FE’s public safety consultants will participate in regularly scheduled conference calls with the City’s project team, during which status, schedule, submittals, action items, and other issues will be discussed. In addition, tasks and deliverables will be reviewed, including any items that are at risk of being delayed and any concerns the project team may have. The outcome of these meetings will be documented in project status reports delivered via email.
FE applies rigorous Quality Assurance (QA) measures throughout our project activities. We have developed a comprehensive deliverable review program, managed by our Quality Assurance Review Board, shown in Exhibit 1.
Exhibit 1—Quality Assurance Review Board
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The Board manages a well-defined peer review process to assure that our internal procedures, delivered documentation, reports, and recommendations are of the highest quality. Peer reviewers are individuals with skillsets directly applicable to the program. They are not involved in the day-to-day aspects of the project, but rather provide an internal audit of deliverables and challenge the project team to assure that all decisions have been well thought out.
Our QA process requires the project team to present recommendations to the Quality Review Board and explain their approach, findings, and justification for their conclusions. This interactive process generates valuable insights and discussion from the Board, which strengthens the validity and appropriateness of the project team’s recommendations. Periodic technical reviews are conducted throughout the duration of the project and draft reports are evaluated before delivery.
The City’s points of contact will be active in our QA process by providing feedback on draft deliverables. This provides an effective level of involvement and commitment of the firm to our clients. FE has followed our quality control approach on the projects listed throughout our proposal. Each report prepared for our clients was evaluated internally by the QA Board before being submitted as a draft report to clients. In 39 years, 100 percent of FE’s projects have been completed successfully and we have never had a project end in default or litigation.
B.3 Scope of Work (RFP Section 2)
Task 1-Review Services Being Provided by SCR911
Documentation Review
In preparing for the project initiation meeting, we will work with the City’s project manager to develop a customized data collection tool that will be distributed at the project initiation meeting. The tool will obtain the baseline information from SCR911 necessary for analysis of existing services provided to the City of Hollister and San Benito County.
Data requested of SCR911 and the City of Hollister/San Benito County will include emergency and non-emergency call volumes, talk times, call transfers, dispatching protocols, answering delays, maximum time in queue, location accuracy, supporting technology, performance metrics, expectations, interactions between dispatchers and responding units, and related data necessary to evaluate dispatching and emergency response performance.
We will request 911 records, CAD historical data, any previous dispatch studies, and a sampling of voice recorder data from the past several years. FE will work with the City’s project manager to develop a sampling plan for reviewing data. Based on data collected, FE will document the costs charged by SCR911 for dispatching services provided to the City of Hollister from 2010 to 2021.
Our experts will also document any needed dispatch services not currently offered by SCR911.
Task 2-Project Initiation Meeting and Interviews
FE will work with the City’s project manager to schedule a project initiation meeting with the City’s Public Safety Department Heads, City Manager, and other designated representatives.
During the meeting, we will establish lines of communications, discuss the proposed work plan, assign action items, clearly define responsibilities, and identify anticipated risks. The goals of this F.1.a
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meeting are to solidify project objectives and confirm
project scope, methodology, and schedule. Participation in the project initiation meeting allows our team to set project expectations, introduce the project team and participants, develop the framework for ongoing work efforts, and
identify critical success factors for the project.
Following the project initiation meeting, FE will meet with personnel from the City’s Police and Fire Departments, IT, radio staff, and other designated stakeholders. We will use an interview and meeting approach that provides
participants with ample opportunity to present their views about the feasibility, options, requirements, and concerns regarding existing dispatch services provided by CRC911. We will explore the feasibility, options, requirements, and concerns about establishing a dispatch center in Hollister to serve the needs of the City and San Benito County’s Police, Fire and EMS agencies. Our subject matter experts understand the fundamental questions that must be addressed as we systematically evaluate and assess the feasibility of a Dispatch Center/Live Crime Center in the City. Our subject matter experts will visit the CRC911 and potential sites identified in Hollister for a new dispatch center.
Task 3-Review Requirements to Start Up New Dispatch Center FE will compile a list of requirements to obtain authorization from the State of California to open and operate a new dispatch center. We will also identify any costs associated with submitting applications for authorization and the typical timeframe for approval. As the City considers the feasbility of having its own dispatch and live crime center, it is especially
important that basic telecommunicator training programs, such as those provided locally and regionally, align with California’s legislated requirements, national standards, and best practices. We will identify the efforts that the City will need to address based on the State’s transition to NG911 and the national 988 requirements. FE will document requirements for integrating policies and minimum standards for obtaining authorization as a dispatch center.
FE prides itself on the fact that many of our subject matter experts hold the National Emergency Number Association’s (NENA) Emergency Number Professional (ENP) certification and have been instrumental in influencing current NENA standards, as well as national regulations. Included on the team assigned to the City of Hollister’s project is Mr. Chuck Berdan, the current technology chair for NFPA 1221/1225. Mr. Berdan and the committee literally wrote the requirements for building dispatch centers.
Task 4-Review/Provide Costs Associated with Comparable Agencies From our experience with other consulting projects, FE has found that collaboration with stakeholders often leads to an opportunity to share best practices and lessons learned from other jurisdictions. We have long-standing relationships with current and former clients who have or are pursuing initiatives similar to yours. Our insights into multiple operations allow us to draw from Project Initiation Meeting Topics
•Team introductions
•Clarify roles
•Identify objectives
•Streamline communication
•Discuss schedule
•Review key milestones
•Confirm deliverables
•Discuss site visits
•Review reporting methodologies
•Identify issues/risks
•Build relationships
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that knowledge, experience, and relationships to build a foundation for benchmarking of comparable efforts. Our experts will share with City stakeholders the costs that comparable agencies incur to operate their own dispatch centers.
Task 5-Provide Example of Design/Outline of Possible Dispatch Center
FE’s team will conduct a facility/space utilization needs assessment and develop a recommended high-level floor plan design for the City’s dispatch center/Live Crime Center, including estimated square footage and potential buildings where it could operate. Guided by our architect, the analysis will incorporate the following types of information:
• Key facility requirements including size, space needs, staff allocations, adjacencies, redundancy, and adherence to industry standards and best practices for mission-critical operations, including proposed outline of the following:
o Operations floor(s)
o Dispatch/call taking console position numbers and layout o Live Crime Center operator positions and video wall location o Other critical equipment and mechanical space
o Storage
o Administrative and support space
o Lockers, break rooms, kitchen, quiet room
o Training/conference areas
o Redundancy requirements for power, UPS, HVAC, radio, and telephony infrastructure o Human factors/ergonomic requirements (console furniture, chairs, lighting, acoustics) • Facility-related transition issues
• Comparison with national standards and best practices Task 6—Recommend Staffing Level
A key factor in any decision process to modify dispatch services is a comprehensive workload analysis and staffing review. FE will work with the City’s point of contact to coordinate our data requests and assist in obtaining the necessary information. We will conduct the following staffing analysis based on the data collected, dispatch standards, and our knowledge of industry best practices:
• Assess staffing, staff allocations, and distribution of personnel by work assignments, shifts, and training
• Review the operational service components for the Dispatch Center/Live Crime Center (i.e., call taking, dispatching, Crime Center operators, administrative, technical support, ancillary functions)
• Compare call answering/dispatch operations and staffing levels/requirements with other comparable centers, national standards, and best practices F.1.a
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After analyzing dispatch operations and service level performance metrics, our project team will utilize automated tools, such as Erlang C calculations, to determine the dispatcher staffing requirements during low, normal, and peak call periods
throughout the day and the week.
To determine the approximate number of call takers and
dispatchers needed to process current and projected call and incident volume, we use formulas developed by APCO Project 40 (RETAINS). These nationally recognized formulas use the actual call volume, processing time, and employee availability to determine the number of call takers and dispatchers needed to efficiently process the call volume. Calculations estimate the average processing time, net available work hours, and agent occupancy rate and calculate against a determined turnover rate. Based on this data, we will apply proven modeling formulas to recommend staff levels, based on staffing complexities and strategies to minimize dispatcher fatigue.
FE will review salary data provided by SCR911 and based on the recommended number of positions needed to dispatch for
Hollister and San Benito County call volumes, calculate the anticipated personnel costs for a new center, including any potential savings based on consolidation of existing job duties.
Task 7-Provide Estimated Total Costs
Our staff includes not only technical consultants and project managers but individuals with finance, accounting, and marketing backgrounds. They support our project team with the basic knowledge required to estimate the budget for a public safety solution such as the City is considering, including an analysis of acquisition, operations, and maintenance costs over a multi- year timeframe.
Based on the staffing analysis, recommended square footage, equipment required in a dispatch center, and industry guidelines for construction costs, our experts will develop a budgetary cost estimate for the city to move forward with its own dispatch/live crime center.
Our cost analysis and estimates will be based on the operating budget and cost information collected during the previous tasks and industry knowledge. High-level equipment costs will be based on technology and systems that will be needed to establish an independent dispatch center and may include:
• Dispatch software
• Consoles and refresh cycles (including 911 carrier fees and NG911 rollout) • Furniture
• PCs in dispatch and field use
• Technology desired by the City to establish the Live Crime Center (for example, cameras, video wall
• GIS, mapping, and logging recorders
• Cybersecurity
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• Technology City desires to establish the live crime center • Service delivery models for ongoing IT and radio support We will identify any savings that may result from establishing a dispatch center, based on existing contractual fees paid for services provided by SCR911. The cost estimates will also identify any potential revenue that may be generated by contracting services with San Benito County agencies and any other agencies in the area that may be interested.
Task 8—Prepare Final Comprehensive Report
FE will develop a draft City of Hollister Dispatch Center/Live Crime Center Feasibility Study for comment and review by City stakeholders. The report will include the following information:
• Methodology and findings from the assessment
• Existing operational methodologies and pros and cons of the current dispatch delivery model and pros and cons of a city dispatch/live crime center • Staffing/scheduling requirements to meet workload
• Benchmarking of the costs required to support similarly sized dispatch centers • Requirements to meet state and national standards for a dispatch center • Facility analysis and recommendations for a site and high-level floor plan design • Technological considerations, including CAD and radio infrastructure, • Budget analysis of current operations and budgetary estimates of recommendations, including personnel, equipment, and technology
• Action plan and timeline for moving forward
FE will present and review the draft report with the City’s stakeholders, discussing the findings, recommendations, and next steps. We will provide adequate time for the City’s decision makers to review the draft report and provide comments. We will incorporate approved changes and issue the final City of Hollister Dispatch Center/Live Crime Center Feasibility Study. FE will then present the final report to the Hollister City Council.
“Federal Engineering accepted a difficult project on a tight timeline and completed it masterfully and on time. Their team proved knowledgeable, responsive, friendly, trustworthy, and capable in every respect. Federal Engineering is a trusted partner invested in our success.”
~ Quinton Stephens, Director, General Counsel/ Deputy Director Utah Communications Authority
“FE consultants continue to be very
helpful throughout this phase of the
project. Your project manager has
developed an excellent relationship with
our County Manager and the Directors
on the Governance Committee.”
~Jay Vargo
IT/Radio Communications Director
Pinal County, Arizona
“FE’s proven record of achieving
consensus and cooperation among
disparate groups with diverse regional,
discipline-specific backgrounds (e.g.
police, fire, emergency medical,
emergency management) was a key
factor in the firm’s selection. “
~Captain Todd Misel,
Iowa Department of Public Safety
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B.4 Cost Proposal (RFP Page 4.B)
Firm Fixed Price
The total firm fixed price, including labor, travel, and other direct costs, for the City of Hollister Dispatch Center/Live Crime Center Feasibility Study project is $69,880.
FE’s proposed price for this project is indicative of the efficiency of our operations, our proven automated tools, our vast experience completing similar projects, and our view of the strategic nature of the City of Hollister’s project. Further, it is not our culture to “up-scope” during contract negotiations or during the project, unless the City of Hollister adds scope of work beyond that outlined in their RFP.
Hourly Rates
If required by the City of Hollister, FE can provide additional services in accordance with the rate schedule below.
SCHEDULE A
Effective January 1, 2022, through December 31, 2022
Director/Chief Consultant $ 265.00 per hour
Senior Consultant $ 220.00 per hour
Consultant $ 190.00 per hour
Senior Analyst $ 155.00 per hour
Analyst $ 115.00 per hour
Administrative / Computer Services $ 90.00 per hour
Proprietary Notice
This proposal, its contents, and appendices are proprietary to Federal Engineering, Inc. and shall not be disclosed to third parties without prior written permission from Federal Engineering, Inc. Should this proprietary notice conflict with any government procurement regulations, policies, or practices, the government procurement regulations shall take precedence.
Copyright ©2022 by Federal Engineering, Inc. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher.
Fairfax, Virginia
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Basis of our Proposal
1. This proposal assumes Federal Engineering, Inc. will perform the tasks as called out in the technical proposal (excluding optional tasks). The deletion of a task, a significant change in scope of one or more tasks, or use of a phased implementation approach may affect the overall price.
2. FE will provide draft and final deliverables electronically to the City of Hollister, California.
3. This proposal assumes that the City of Hollister’s project manager will schedule meetings, provide meeting facilities, notify attendees, and arrange for onsite visits.
4. Any optional or additional tasking will be authorized by mutual agreement between the City of Hollister, California and FE. Such tasking will be performed on a time and materials basis in accordance with the rates in Schedule A or on a fixed price basis as mutually agreed upon in a task order signed by the City of Hollister and FE.
5. FE’s ability to fulfill this task depends, in part, on the willingness and ability of the City of Hollister participants, equipment vendors, service providers, third parties, and others to provide information in a timely manner, and upon the accuracy of the information as supplied. The accuracy of input data, whether provided in electronic or hard copy form, and the recommendations, actions, system designs, system procurements, and license filings resulting therefrom cannot, therefore, be warranted by FE nor can the performance, suitability, or reliability of said systems be warranted by FE. FE accepts no responsibility or liability to any third party in respect to any information or related content delivered by FE.
This information is subjective in certain respects, and, thus, susceptible to multiple interpretations and may require periodic revisions based on actual experience and subsequent developments.
6. FE is prepared to begin this project immediately upon execution of the contract. This proposal is based upon a start date on or before July 8, 2022, and assumes an eight-week schedule. Delays to the project schedule due to actions or lack of actions on the part of the City of Hollister, California, City participants, third parties, and others including, but not limited to vendor protests, protracted contract negotiations, vendor delays that impact the program schedule and/or costs to the City will be brought to the attention of the City’s project manager in a timely manner and the schedule and cost impacts will be reduced to writing via a mutually agreed upon contract amendment.
7. In the event of a project delay by the City of Hollister, FE reserves the right to invoice for efforts expended towards the completion of a task or deliverable and client agrees to pay said invoice.
8. This proposal assumes a mutually agreeable invoicing schedule for work completed.
9. Federal Engineering reserves the right to assign/reassign work efforts and associated costs across tasks and between our professional staff members to meet our contractual obligations to the City of Hollister.
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B.5 Timeline to Perform Scope of Work
FE will commit the staff and resources needed to meet the City of Hollister’s scope and schedule.
FE is prepared to begin this project immediately upon execution of contract and complete it in the timeline shown in the high-level GANTT chart below. This tentative schedule can be modified to meet the City’s needs and will be finalized with the City’s Project Coordinator upon contract execution.
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C. REFERENCES (RFP Page 4.C)
Provided on the following pages are our references and project information on several projects similar in scope to that described in the City of Hollister’s RFP for Dispatch Center/Live Crime Center Feasibility Study.
“FE and its staff exceeded performance in project management, technical expertise, adherence to schedule and budget, communications and responsiveness. FE was prompt and thorough in all requests for information or explanation. FE helped Oakland Police Department prepare thorough and compelling documentation to support budget and staffing requests. FE provided regional and national insight into best practices. FE was uniquely familiar with strategies on how to best transition to our new CAD system—the largest and most complex IT project in OPD’s history. Their participation has already helped us make better decisions and crucial project junctures”
Virginia Gleason, Deputy Director
~Oakland (California) Police Department (OPD)
“Our engagement with Federal Engineering was great. Their professionalism and flexibility to adjust was appreciated. The end product was professional and produced within agreed upon timelines. Thank you.”
~Daniel Johnson, Chief Technology Officer
Douglas County, Nevada
“We selected Federal Engineering based upon their professional and knowledgeable presentation during the interview process. Once hired, FE far exceeded our expectations by sending a quality and experienced consultant team that delivered an exceptional and thorough report, making it easier for our agency to move forward with our project." ~ Major Johnny Beauchamp
Northumberland County, Virginia
“Federal Engineering staff has demonstrated outstanding expertise in all facets of the project.
These include technical expertise, project management, a well-structured system architecture assessment, the stakeholder needs assessment, the development of a statement of requirements document, and project management. The success of Collier County 's project to date has been facilitated by Federal Engineering's depth of knowledge and processes.” ~John Daly, Telecommunications Manager
Collier County, Florida
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GWINNETT COUNTY,
GEORGIA
Real Time Crime Center
Project Dates: 2018 – 2022
Relevant Technologies
• PSIM
• Disparate Video Management Systems and Video
Sources
• Video Analytics
• Sensor Integration and Federated Query Engine
• Cloud-Based Connectivity
Project Contact
Lieutenant Terry Werho
Gwinnett County Police Department
770 Hi-Hope Road
Lawrenceville, GA 30043
770-513-5461
[email protected]
Project Snapshot
• Conduct a Needs Assessment and Concept of Operations
• Perform a Gap Analysis
• Define Functional and Technical Requirements
• Make Recommendations
• Develop a Bid Solicitation and Support Evaluation Processes • Oversee Implementation, Training, Contract Compliance and Testing Project Description
FE performed an E911 business and technology analysis including user needs assessments, review of current processes, and a systems assessment. The team gathered business, technical, and financial requirements. Based on analysis of these findings we developed a Request for Proposal for a comprehensive solution for the Situational Awareness and Crime Response Center/Real Time Crime Center (SACRC / RTCC) and assisted with the RFP evaluation process including technical support, reference checking, presentation and demonstration attendance. Finally, the team supported the County through contract negotiations and implementation. Implementation support includes project management, review of regulatory compliance, data migration planning, review of training plans, system testing oversight, and contract compliance monitoring.
In a separate project, FE is supporting the County with analyses, requirements gathering, RFP development, procurement, and implementation project management for the upgrade of the existing CAD/RMS.
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PALM BEACH GARDENS,
FLORIDA
Dispatch and Communications
Operations Feasibility Study
Project Dates: 2021 - ongoing
Relevant Technologies
• N/A; this is a comparison of operational models and
no vendor will be selected at this juncture
Project Contact
James Ippolito
Deputy Chief of Operations
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4316
[email protected]
Project Snapshot
• Inventory technology
• Conduct interviews/site surveys
• Assess operations
• Evaluate capital and operational costs
• Analyze alternatives
• Deliver Feasibility Study Fire Dispatch
Study Report
Project Description
The City of Palm Beach Gardens engaged FE as an independent consultant to conduct a study on fire rescue communications to investigate which communication and dispatch model best suits the short-term and long-term interests of the City. FE’s assessment includes stakeholder interviews, onsite observations, and analysis of data to evaluate the following communication models for the City’s Fire-Rescue Department: Remaining status quo with the Palm Beach County Fire Rescue Regional Communications Center; Creating an independent City of Palm Beach Gardens Fire Rescue Communications Center; or Joining the Palm Beach Gardens Police Department’s NorthCom multi-jurisdictional Police Communications Center.
FE subject matter experts’ evaluation covers processes and internal protocols, compliance, operations, staffing, management, governance, best practices from similar dispatch centers, training practices, systems, inventory of technology used, and capital and operational cost.
The operational study and resulting Feasibility Study Report will give the City actionable data for current organizational needs and for adapting the operations to maximize efficiency and effectiveness.
Our presentation of our findings with the City’s stakeholders discusses the findings, recommendations, and next steps of moving forward with service delivery changes.
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SEATTLE POLICE DEPARTMENT
CAD/RMS Technical and Operational
Assessment
Project Dates: 2015 – 2018
Relevant Technologies
• CAD
• RMS
• 911 dispatch / PSAPs
Project Contact
Lt. George Bray
Comms. Div. Operations Manager
Seattle Police Department
610 5th Avenue
Seattle, WA 98104-1900
[email protected]
206-684-8636
Project Snapshot
• Assess technical and operational systems needs
• Evaluate functional and operational model of current CAD/RMS, 911 network, staffing, and communications center command structure
• Analyze existing systems and processes
• Perform Gap Analysis
Project Description
FE was selected by the Seattle Police Department to conduct a comprehensive needs assessment of all technical and operational systems in the Communications Division. The focus of the assessment was to evaluate the functional and operational model of the current CAD/RMS, 911 network, staffing, and communications center command structure, as well as a possible redesign of the center, for which a detailed report was provided with specific observations and recommendations.
FE conducted additional assessments and analyses of the existing systems and processes to identify and document the functional/operational requirements and expectations of the relevant stakeholders. As part of the process, the team conducted on-site meetings to define functional, technical, support, and user requirements for CAD, 911, and above-mentioned technologies. FE also developed detailed recommendations, gap analysis, and associated requirements and conditions for improvement. FE presented the findings to the chief and command staff.
The SPD elected to retain the team to provide oversight of the implementation of the recommendations cited in the needs assessments. Additionally, FE was selected to help with the redesign of the PSAP, provide a staffing study for communications, revamp call-handling procedures, hiring process of dispatcher and call takers and 911 network design for both Seattle Police and Seattle Fire. As a final task, the team helped develop a roadmap to civilianization of the Communications Division.
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REDWOOD EMPIRE DISPATCH
COMMUNICATIONS AUTHORITY
Fire and EMS Dispatch
Consolidation Study
Project Dates: 2019 – 2020
Relevant Technologies
• LMR
• CAD/RMS
• 911 telephony
• GIS
• CPE
Project Contact
KT McNulty
REDCOM Executive Director
2796 Ventura Avenue
Santa Rosa, CA 95403
707-565-8880
[email protected]
Project Snapshot
• Perform Feasibility Analysis
• Make Recommendations
• Conduct Data Collection and Review
Existing System
• Interview Agency Stakeholders On-site
• Model Restructuring of JPA and
Governance
• Estimate Costs
• Assess Radio Interoperability
• Identify Legal Barriers and Solutions
Project Description
After being approached by representatives from the Marin County Fire Chiefs Association, the Redwood Empire Dispatch Communications Authority (REDCOM) decided to perform an analysis of adding an additional 16 Marin County Fire and EMS Agencies. REDCOM contracted with FE to evaluate the feasibility of this change in service delivery, including evaluation of its impact on REDCOM’s existing 911 call-taking and dispatching operations for 31 public and private agencies in Sonoma County.
Using data collected during the initial system review, we evaluated whether changes in the manner of delivery of public safety communications services would benefit local citizens, visitors, and first responders. We completed on-site visits and interviews, getting to know the stakeholders and the system in more detail. FE examined the current REDCOM governance agreement and offered recommendations for an upgrade of the document while making sure that any revision considered the latest state laws.
We further reviewed projected call volume, conducted a workload and staffing analysis, technology analysis, and governance model analysis.
Our team compiled the data into a draft report, which went through client review sessions, before we submitted a final report and presentation to REDCOM and its Board of Directors.
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EL DORADO HILLS, CALIFORNIA
Fire Department Communications
System Assessment and Design
Project Dates: 2019 – 2020
Relevant Technologies
• 700 / 800 MHz
• P25
• Motorola
• Non-simulcast analog
• VHF
Project Contact
Dustin Hall
Fire Department Deputy Chief
1050 Wilson Boulevard
El Dorado Hills, CA 95762
916-933-6623
[email protected]
Project Snapshot
• Analyze Existing System
• Assess Needs
• Perform Site Visits
• Complete Dispatch System Assessment
• Provide Written Analysis
Project Description
FE contracted with El Dorado Hills to conduct an analysis of existing regional emergency communications centers to identify strengths, weaknesses, and capabilities of different options and make a recommendation for future upgrades.
The FE team met with designated personnel and conducted interviews regarding end-user concerns, current and future potential dispatch providers, radio system functionality, and mobile data requirements. FE performed site visits to CALFIRE Emergency Command Center located in Camino, California, to assess current and future ECC operations, capabilities, any projected technology upgrades, quality assurance programs, strengths, and weaknesses. We also completed an analysis of the existing El Dorado County VHF radio system, mobile infrastructure, equipment, and operations.
FE made further site visits to and assessments of the Sacramento Regional Fire/EMS Communications Center, the Sacramento County 800 MHz radio system, and the El Dorado Hills Fire Department dispatch services. These analyses included feasibility studies to determine capabilities and use.
The team compiled all findings and recommendations into a report which they then presented to El Dorado Hills to use as a guide for the future of their radio and dispatch systems.
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D. FE EXPERIENCE AND QUALIFICATIONS
D.1 Corporate Profile
Since our founding in 1983, FE has grown to 50 subject matter experts, public safety answering point (PSAP) operational specialists, technologists, and former first responders. Through our rich history, we have developed tools and methodologies that deliver practical, affordable solutions, effectively meeting the needs of your first responders. Most importantly, many of our subject matter experts are former first responders and dispatchers, enabling FE to deliver solutions that your staff will embrace. Our founder, Ronald F. Bosco, a former first responder and degreed engineer, continues to lead the firm and has kept his vision steady to improve the functionality and cost-effectiveness of emergency communications.
Federal Engineering offers the City of Hollister a unique combination of core qualifications and public safety consulting experience. With the addition of the L.R. Kimball’s communications practice six years ago, FE continues to grow as the leading North American dispatch consulting firm. FE has integrated into our firm Kimball’s 30+ years of experience consulting in dispatch performance assessments, operations, efficiency, staffing, and costing assessments. FE’s team of specialists assess public safety technology, including computer aided dispatch, records management systems, justice management systems (CAD/RMS/JMS), NG911, E911, and other dispatch technologies, as highlighted below.
FE’s philosophy to
“exceed client
expectations to retain
that client for life” has
resulted in client
retention and repeat
business since the
firm’s inception.
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Shown in the corporate organization chart in Exhibit 2, FE’s principals, President and CEO Ronald F. Bosco and Executive Vice President John E. Murray, both former first responders, are directly involved with every project, serving on the Quality Assurance Board and helping manage scheduling, as well as overall client satisfaction.
FE’s private ownership provides you with a distinct advantage: corporate decisions are not impacted by outside investors or venture capital firms. Mr. Bosco and Mr. Murray care deeply about their clients and the reputation of the company they have built from the ground up. They are heavily invested in the success of this and all other projects involving FE. As a result, you can count on the direct, personal involvement of FE’s owners in every aspect of this critical project.
Our owners are fully available to provide support as needed throughout the project, at no additional cost.
Exhibit 2—Federal Engineering’s Corporate Structure
Number of Employees and National Presence
FE offers a winning combination of expert staff and polished methodology that is clearly represented by our record of unmitigated success, summarized below. In addition to our headquarters in Fairfax, Virginia, we have regional offices in California, Arizona, Florida, New York, and Pennsylvania. FE has a distributed workforce located in 17 states, supporting efficient responses to our clients.
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As a national firm, FE brings the experiences and best practices of many jurisdictions to your project. The map below highlights our nationwide presence, indicating the number of clients we have served in each state.
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D.2 FE’s Relevant Experience and Qualifications
Experience in the State of California
FE has been providing consulting services throughout California for over 20 years. With projects on behalf of the California jurisdictions listed below, we have developed an in-depth understanding of both the differences and the commonalities across California’s unique environment.
• State of California
• Santa Cruz County
• Contra Costa County
• El Dorado Hills
• Kern County
• City of Los Angeles
• Los Angeles Unified School District
• Marin County
• City of Hayward
• Merced County
• Mono County
• Berkeley
• Monterey County
• North County Joint Powers Authority
• City of Oakland
• Redwood Empire Dispatch
Communications Authority (REDCOM
• City & County of San Diego
• City &County of San Francisco
• Santa Barbara County
• City of Santa Monica (seven agencies)
• Simi Valley
• Tuolumne Band of Me-Wuk Indians
• Piedmont
The City of Hollister will benefit from FE’s exceptional combination of local familiarity and presence, subject matter expertise, hands-on operational experience with law enforcement, fire/rescue response and emergency dispatch services, and project management. We look forward to sharing our strategies and lessons learned as we serve as your trusted adviser.
PSAP Performance Assessments for Similarly Sized Clients FE has extensive experience working with similar-sized jurisdictions on feasibility studies to analyze PSAP service delivery improvements. Provided below is a record of FE’s performance on similar PSAP assessment projects involving police, fire, and EMS dispatch over the past five years.
FE has been providing similar services for well over 30 years. These projects were all completed on-time and within budget.
Federal Engineering Past Performance Record—PSAP Project Details Client Name/
Location
Project Title and
Dates Details of Work
City of Ashtabula,
Ohio
Population 18,067
PSAP Staffing Study
2017-2018 • Staffing analysis
• Technology analysis • Funding and cost estimates
City of Paducah,
Kentucky
Population 24,947
CAD, Logging
Recorder, CPE, Radio
Procurement Support
2016—2017
• Requirements definition
• Procurement support
including contract
negotiations
• Migration strategies
• Implementation support
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Federal Engineering Past Performance Record—PSAP Project Details Client Name/
Location
Project Title and
Dates Details of Work
Elmore County,
Idaho
Population 27,043
CAD/RMS Needs
Assessment Consulting
2020—2021
• Existing system review
and needs assessment
• technical requirements
development
• Stakeholder interviews
• Recommendations and final
report
Marion County, Iowa
Population 33,193
PSAP Consolidation
2017—2018
• CAD/RMS/JMS
assessment
• PSAP governance
• NG911 impact analysis
• Facility
Technology/equipment
• Operations/staffing
• Training
City of
Harrisonburg,
Virginia
Population 53,558
CAD-Data
Management Systems
Consulting
2016—2020
• Stakeholder interviews
• Needs assessments
• Requirements
documentation review
• Specifications and
vendor RFP development
• Vendor proposals evaluation
• Vendor demonstrations
support
• Procurement and IV&V
support
Santa Monica,
California
Population 91,105
Evaluation of Regional
Dispatch
Opportunities
2021—ongoing
• Data collection
• Observation
• Consolidation SWOT Analysis
• SWOT Recommendations
and Study Report
Westport and
Fairfield,
Connecticut
Population 92,220
ECC Relocation and
Consolidation
Consulting Services
2018
• Existing system
assessment
• Feasibility study
• Financial analysis
• Governance review
• Implementation plan
City of Sugar Land,
Texas
Population 118,563
PSAP Efficiency
Assessment Study
2018
• Complete PSAP
assessment
• Business process analysis
• On-site evaluation of
facility/infrastructure
and technology
• Staffing study
• Governance review
• Financial analysis
• Continuity of dispatch
operations
• Recommendations
Berkeley, California
Population 120,463
Prioritized Dispatch
Consulting
2021—ongoing
• Needs assessment
• Staffing analysis
• Infrastructure and
technology assessment
• Alternatives analysis and
recommendations of a
prioritized dispatch
system
• Initial and ongoing training
assessment
• Facility analysis
• Implementation plan
• Implementation budget
Clark County, Ohio
Population 134,409
Countywide Dispatch
Center Project
Management
2017—2019
• Plan and design of
countywide dispatch
center
• Space requirements,
security and hazards
evaluation
• Equipment and technical
requirements development
NG911 options assessment
• Identification of networking
and transition plan
• Support of procurement of
new dispatch center
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Federal Engineering Past Performance Record—PSAP Project Details Client Name/
Location
Project Title and
Dates Details of Work
Spotsylvania
County, Virginia
Population 134,683
CAD/RMS
Replacement
2016—present
• Needs assessment
• Procurement support
including vendor
evaluations and contract
negotiations
• RFP and functional
specifications development
• Implementation Project
Management
Town of Cary, North
Carolina
Population 169,177
PSAP Improvement
Study
2017—2018
• Data collection
• Analyze and project
staffing levels
• Governance research
• Personnel and technological
cost estimates
• Organizational structure
recommendations
Hayward,
California
Population 169,603
Communications
Center Needs
Assessment for the
Police and Fire
Departments
2021—2022
• Operational assessment
• Staffing and workload
analysis
• Organizational analysis
• Technology evaluation
• Training practices and QA
analysis
• High-facility analyses
• Financial analysis and
project costs
• Strategic Implementation
Plan Report
City of Worcester,
Massachusetts
Population 185,186
CAD/RMS Consulting
2020—present
• Existing system review
• Needs assessment
• Requirements definition
• Interoperability
requirements
• Vendor RFP development
• Vendor proposals evaluation
• Contract negotiations
support
El Dorado Hills,
California
Population 199,134
Fire Department
System Assessment/
Design
2019—2020
• Existing system analysis
• Stakeholder interviews
• User needs assessment
• Site visits
• Dispatch processes
assessment
• Dispatch alternatives
• Written Analysis
Winnebago County.
Illinois
Population 283,635
CAD, LERMS, NG911
Consulting
2014—2020
• User needs assessment
• ESInet governance
framework review
• RFP and specifications
development
• Procurement support
including vendor
evaluations and selection
and contract negotiations
• Implementation project
management
Loudoun County,
Virginia
Population 405,312
ECC Relocation
2017—2018
• Needs assessment
• Requirements analysis
• Specification
development
• Cost analysis
• Negotiation support
• Implementation oversight
• Vendor oversight
City of Oakland,
California
Population 451,618
PSAP Staffing Study
and CAD
Implementation
2018—2020
• PSAP evaluation
• CAD provisioning and
configuration design
• Staffing study
• Implementation support
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Federal Engineering Past Performance Record—PSAP Project Details Client Name/
Location
Project Title and
Dates Details of Work
City of Reno/
Washoe County,
Nevada
Population 464,182
Dispatch and Public
Safety Software
Consulting
2020—present
• Existing system
assessment
• Stakeholder interviews
and data collection
• Requirements
recommendations
• Gap analysis
• Specifications development
• RFP development
• Vendor proposal evaluation
• Contract negotiations
support
Redwood Empire
Dispatch
Communications
Authority
(REDCOM),
California
Population 481,415
Fire and EMS Dispatch
Consolidation Study
2019—2020
• Feasibility analysis and
recommendations
• Data collection and
existing system review
• On-site agency
interviews
• Restructuring of JPA and
governance
• Cost estimates
• Radio interoperability
• Legal barriers and solutions
Washington, D.C.
Population 701,974
PSAP Audit on behalf
of the Office of the
District of Columbia
Auditor
2020—present
• PSAP assessment
• Business process analysis
• On-site evaluation of
facility/infrastructure
and technology
• Staffing study
• Governance review
• Financial analysis
• Continuity of dispatch
operations
• Recommendations
City of Seattle,
Washington
Population 741,251
Staffing Assessment
and CAD/RMS Public
Safety Consulting
2015—2018
• Technical and
operational needs
assessment
• Existing systems and
processes analysis
• Gap analysis
Gwinnett County,
Georgia
Population 926,414
PSAP Assessment and
CAD/RMS Upgrade
2017—present
• Business and technology
analysis
• Existing systems
assessment
• Needs and requirements
assessment
• Vendor RFP development
• Procurement support
including evaluations
• Implementation project
management
Valley Emergency
Communications
Center/Utah
Communications
Authority
Population 1.46M
PSAP Audit/
Assessment Study
2021—present
• VECC assessment
• Business process analysis
• Staffing study
• On-site evaluation of
facility/infrastructure
and technology
• Governance review
• Financial analysis
• Continuity of dispatch
operations
• Recommendations
State of Arkansas
Population 3.012M
Public Safety
Communications
Consulting Services
2020—present
• Strategic plan
development
• PSAP consolidation
analysis
• Existing equipment
assessment
• Statewide regional
workshops
• Alternatives evaluation
• Governance and structure
review
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Live Crime Center Expertise
Live crime centers, along with their variants, real-time operations centers, real-time intelligence centers, real-time crime centers, fusion centers, and command centers centralize and amalgamate the vast array of information that law enforcement requires to respond quickly to incidents.
Analytics and visualization solutions provide better insight and evidence, and present the information in a more intuitive format, making it easier to interpret and use for decision-based policing.
They provide the ability to harmonize across major operational and investigative systems and databases, such as CAD, RMS, LERMS, Google maps, and emerging data sources such as Internet of Things (IoT), sensor data, social media feeds, biometrics, and forensics as well as other next-generation rich media.
FE will help the City of Hollister determine requirements for Live Crime Center functionality and then identify the specific technology and applications to meet the City’s needs. Members of our team are experts in the latest state-of-the-art video surveillance, access control, intruder detection, and telecommunications technologies used in designing dispatch/live crime centers.
Our knowledge and expertise encompass the following, including video and record management systems utilized in collaborative environments:
• Camera Technology—Digital IP, high resolution, multi-image cameras, which offer improved viewing under variable lighting conditions in conjunction with traditional pan/tilt/zoom controls; camera lenses and electronics placed in specialty enclosures (e.g., sacrificial glass) that can operate in all-weather/temperature conditions and are vandal- resistant and suitable for indoor/outdoor applications. • Video Recording—Digital video recording using advanced capabilities provided by video management systems to compress storage (e.g., Motion JPEG, MPEG II or H.264 and H.265) to store months’ worth of full motion video archives. Depending on system requirements, storage can be localized and/or centralized using mass storage arrays, or tiered mixes of these devices for on-line/near-line/archival storage. In addition, video compression can be utilized to accommodate multiple high–resolution streaming video sources delivered over modest bandwidth facilities to achieve cost savings and to enable remote video access. • Optical fiber and wireless distribution networks—Optical fiber distribution can deliver high quality signals many miles for remote as well as local viewing and recording operations. Existing optical fiber network infrastructure in conjunction with LANs can be leveraged to offer centralized, regional, and local monitoring. Wireless backhaul networks can support multiple applications such as video surveillance to accommodate deployment of cameras in locations that cannot easily be served by wireline distribution. • Advanced image processing—Both real-time and stored digitized video can be subject to advanced image processing that goes beyond simple applications such as motion detection.
Advanced applications include the following:
o Digital image enhancement, which can clarify images and extract views of objects that may be shadowed
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o Criteria can be established to define events that should be recorded and/or alerted to monitoring personnel
o Object recognition and Aberrant Behavior Detection Software, which can be programmed to monitor and detect “unusual” behavior
• Customized graphical user interface—Digital video processing technology, coupled with advanced/customized graphical user interfaces, are used to allow hundreds of camera inputs to be displayed on dozens of screens in a more “intelligent” manner. The simplistic notion of “fixed vs. variable views” is thus augmented to determine cameras/views of interest based upon event triggers.
• Video over IP—Video over IP distribution technology using IP-addressable cameras allows more graceful system expansion and simplifies the support of local/remote viewing and recording options as well as multipoint broadcast distribution. • Integrated closed-circuit television (CCTV)/access control security system—Video security systems integrated with card access and biometric access control, panic/duress alarms, one-way or two-way emergency intercoms, and building/facility management systems can support the development of a sophisticated security infrastructure. • Sensors—Acoustic sensors and technology such as ShotSpotter are capable of pinpointing where shots are fired and then alerting dispatchers and law enforcement in real time. • Two-way audio (in conjunction with video)—The effective use of two-way audio communications can be integrated with the video surveillance system (talkback/speakers).
For example, a verbal warning can be issued via an open speaker/microphone or used to question an individual who may have fallen on the stairs to assess their physical condition.
Our team has experience with the ancillary considerations necessary for a complete working system, including lighting, inventory, logistics, maintenance, and backup requirements, vandal- resistant strategies, expandability, and facility power and weight/structural considerations for video wall deployment. A sampling of FE’s clients for Live Crime Center Feasibility Studies includes the City of Miami, Florida, Gwinnett County, Georgia, and Schaumburg, Illinois.
Why Federal Engineering?
The first contract a firm gets from a new client is based upon its proposal. Subsequent contracts, however, are dependent upon the quality of the consultant’s work. FE’s ongoing stream of add-on contracts and repeat business is a testament to the great work of our consultants and the high quality of our work products. Our first government client remains a client today 37 years later! Clearly, we are consistently meeting or exceeding our clients’ needs.
FE is proud of our high rate of client satisfaction. Here are additional samplings of what FE clients have said about our firm:
“The Federal Engineering team was instrumental in developing a viable solution to improve the Merced County interoperability system. We were very satisfied with their performance on the project and found them to be very responsive and professional.” ~Kim Nausin, Merced County, California
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By selecting Federal Engineering, you can be assured we will strive to exceed your expectations and deliver your project on time and within budget.
“Federal Engineering has produced and delivered on everything they said they would and actually has gone above and beyond what the RFP asked for by assisting our county with our system and operation which required immediate assistance… Bottom line they are a great company that has the interest of the CLIENT set as NUMBER 1, no exceptions.” ~Kevin Whitney, Cortland County, New York
“In my opinion FE has the best consultants in police communications. The professionalism, the technical expertise, and the knowledge of national standards and trends is above reproach. Under their guidance we underwent a $1.2 million remodel of our communications center. They provided a staffing study that allowed us to address issues with call answering standards, this study also allowed us to do a deep dive on our internal processes and was a catalyst for changing many that were antiquated. FE was also very involved in assisting our Communications Center during software upgrades and were of great assistance in holding vendors accountable for delivery of appropriate products. FE would be the first consultants that I would call for any future projects. ~Lt. George Bray, Operations Manager, Communications Division Seattle Police Department
Now that the final study has been released, I wanted to follow-up on behalf of the Rochester Fire Department (RFD) and thank you for your time and effort put into the overlay study you conducted for Monroe County. I believe the solution found will serve us well and the depth and scope of the study surprised me. I’ve never been involved with a study of this type before and had concerns about the outcome given the multitude of issues that needed to be fully understood to grasp this topic. You put in the time with your interviews and follow-up questions to understand the different issues at hand fully before coming to a decision. It was nice to have both a technical radio expert as well as someone with both dispatch and fire service experience involved in this project as you could see things from every angle involved, allowing you to make the best decision for all involved agencies. We look forward to working with our county partners going forward to find a safe and reliable system that should serve us for decades to come.
On behalf of the Rochester Fire Department thank you again, and please don’t hesitate to reach out should you ever need anything.
~Kevin Ryan, Captain, Technical/Operations SME
Rochester Fire Department
City of Rochester, New York
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D.3 FE’s Project Team Qualifications and Experience
Our proposed team understands that your organizational staff have limited time to devote to working with consultants because of the demands of their organizational roles. We are fully prepared to remove that burden and guide you through this project with minimal distractions.
FE consultants regularly speak at NENA, APCO, IWCE, and other leading conferences. We are respected members of the public safety community, chair national committees, and have had papers published by professional organizations. The FE team’s strength comes from their firsthand experience working in the field. We understand that operational needs drive the technology solutions because we have been in your positions. Our consultants have the following career experience:
• Managers of NG911, 911, CAD, RMS, mobile, telephony, and radio systems • Directors of ECCs, dispatch centers, and emergency operation centers (EOCs) • Fire service, law enforcement, and EMS personnel
• Joint Powers Boards and governance development
• Engineers and technologists strategically selected for their various disciplines • Local and state government public safety communications officials The proposed project team, shown below in Exhibit 2, is well versed in working with multiple jurisdictions and disciplines. Each team member has extensive history in completing projects with objectives similar to that of the City of Hollister.
Exhibit 2—Project Team Organizational Chart
Vice President Don Nagle will provide executive oversight for this engagement, managing the assigned resources toward meeting the project schedules and objectives. He will review regular F.1.a
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progress reports and make resource and other adjustments to align the project throughout its lifecycle with the City’s desired goals and outcomes.
Diane House, PMP, will be the Project Manager for the duration of the project, providing a single point of contact to the City and managing our internal team on a day-to-day basis. She will lead meetings and calls, track and document progress, identify issues or risks, and develop mitigation strategies as needed.
Both Don Nagle and Diane House will work closely with our technical team, consisting of Senior Technical Consultant Chuck Berdan, PMP, Senior Consultants Lynn Mauro and Katy Buck, and Architect Craig Galieti, AIA, LEED AP.
As we demonstrate in this section and throughout our proposal, each of the team members understands public agency regulations and procedures. To be able to make proper recommendations regarding dispatch communications, one must have knowledge of both the applicable technology and the various regulations and procedures that govern those communications. This insight has contributed greatly to the success of our teams and our firm.
Executive Vice President John Murray will manage FE’s processes for independent review and quality assurance of deliverables. His services, as well as those provided by our principals, are provided at no cost to the City of Hollister.
FE will commit the staff and resources needed to meet the City’s scope and schedule fully, on time, within budget, and in a high-quality manner. The key individuals listed above as the project team will perform the work and will not be substituted with other personnel or reassigned to another project without the City’s prior approval.
At times however, life happens. People get sick, they switch jobs, they get into accidents, and sadly they pass away. Life situations can have a devastating impact on a project, especially if it involved a key person. The City deserves a firm that is prepared for “life happens” moments.
Federal Engineering is that firm. In our nearly four decades of doing business, we have experienced all of these. But with a deep bench and overlapping skill sets, we have consistently overcome life’s happenings and successfully completed over 2,000 projects on schedule and to our clients’ satisfaction.
We have identified your project team above; but when you hire FE, you hire a firm with numerous unique skillsets. There are no issues—technical or administrative—in the realm of public safety communications that we have not advised our clients on how to address.
Resumes for the proposed project staff are provided on the following pages.
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DONALD C. NAGLE
Vice President of Operations
EDUCATION GENERAL BACKGROUND
Mr. Don Nagle is a senior public safety communications consultant with proven experience in many fields, including industry leadership positions specializing in CAD/RMS software and wireless technology, and many projects involving assessments of and upgrades to NG911. Mr. Nagle has held multiple leadership positions for Massachusetts law enforcement agencies. He is uniquely qualified to provide direction, leadership and vision in public safety technology.
Mr. Nagle has evaluated functional technology of CAD/RMS and radio dispatch systems, NG911 systems, and 911 networks. He has analyzed operational models, command structures, staffing, and processes of communications centers and dispatch systems. As Director of Telecommunications for the Massachusetts State Police, he centralized command and control centers for each troop and regional E911 PSAP for over 50 cities and towns, providing interoperability between state and local agencies.
• A.S., Criminal Justice,
Northeastern
University
• Administration of Law
& Justice, University of
Massachusetts-Lowell
AREAS OF EXPERTISE
• CAD/RMS
• E911 and NG911
• ESInet
• ECCs and PSAPs
• Dispatch operations
• Public safety mobile
radio
• 700 / 800 MHz
PROJECT EXPERIENCE
State of California
• REDCOM Dispatch Consolidation Feasibility Study
• City of Oakland ECC Staffing Study
State of Georgia
• Gwinnett County CAD/RMS Upgrade
State of Washington
• Seattle Police Department CAD/RMS Technical and
Operations Needs Assessment
• King County E911 Platform Modernization
State of Idaho
• State of Idaho NG911 consulting
State of Montana
• Statewide 911 Planning
State of North Carolina
• Town of Cary PSAP Staffing and Improvement Study
• City of Charlotte CAD Consolidation Study
• Scotland County Facility Assessment
State of Ohio
• Ohio NG911 Implementation Oversight
• Clark County Dispatch Center Planning, Design, and
Procurement
State of South Carolina
• Charleston County Dispatch Consolidation Consulting
Services
State of Texas
• City of Sugar Land Dispatch Assessment
PROFESSIONAL
ORGANIZATIONS
• National Public Safety
Planning Advisory Committee
Planning Committee
• Massachusetts ETS,
Standards Board
• Massachusetts ETS, Training
Committee
TRAINING AND
CERTIFICATIONS
• Public Safety
Communications, University
of Delaware, Wilmington,
Delaware
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DIANE HOUSE, PMP
Project Manager
EDUCATION GENERAL BACKGROUND
Ms. Diane House is a leader in the public safety
industry with more than 25 years of experience. She
has managed operational teams and executed
successful high-profile projects including challenging
and complex programs both in the U.S. and
internationally. Ms. House sees the big picture and
how the drivers of the business relate to one another.
With so many years of experience with police, fire,
medical and jail software, she intrinsically makes
sense of complex issues, makes decisions, and
communicates strategy. Ms. House has strong
analytical and problem-solving skills and a proven
track record for thoughtful analysis, keen perception,
and delivering results. She has worked in sales and
support, empowering teams, building customer
relationships, and bringing structured processes to
improved delivery.
• A.A., Liberal Arts & Sciences,
San Joaquin Delta College
AREAS OF EXPERTISE
• Project management
• Emergency planning
• Contract management
• Team leadership
• PSAP/Dispatch center operations
and technology
• CAD/RMS/MDC/JMS
• Interface and data integration
• Statistical analysis and data
mining
• Software QA and user testing
RELEVANT EXPERIENCE
Sacramento (California) Regional Fire/EMS Communications Center, Deputy Director
• Led the procurement process to replace the current Northrup Grumman Altaris CAD. Continued as project manager of the CAD implementation through FitGap, hardware and software
installation.
• Led the administration, human resources, finance and technology services teams responsible for all back-office support, AP/AR, budget financial reporting and full HR life cycle
• Responsible for all layers of IT from physical equipment, virtualization management, automated tools, operating systems to applications (software) and devices used to perform essential functions as a 911 PSAP
Contra Costa (California) Fire Protection District, Pleasant Hills, California, Interim Communications Manager
• Provided technical management services, recommended and directed district divisions and contracting agencies on all areas of radio and telephone communications, CAD, Mobile alerting and related systems in the District
• Ensured policies and procedures were followed to efficiently dispatch equipment and resources
• Analyzed and corrected system problems
• Planned, coordinated, and managed the Communications Center budget, dispatchers, contract agencies, and telecommunications staff
CERTIFICATIONS
• PMP
PROFESSIONAL
ORGANIZATIONS
• Project
Management
Institute
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CHUCK BERDAN, PMP
Senior Technical Consultant
EDUCATION GENERAL BACKGROUND
Mr. Chuck Berdan is an experienced public safety
communications professional, having retired in 2013
as the Regional Emergency Communications Center
Dispatch Manager of a multi-agency, multi-discipline
fire dispatch center with a 37-person staff covering a
majority of Alameda County, California. He currently
serves as Chair on the NFPA 1221 Technical
Committee, which is the standard for the installation,
maintenance, and use of emergency services
communications systems.
Mr. Berdan has experience as dispatcher, training
officer, shift supervisor, emergency communications
manager, deputy director of communications and as a
firefighter. Some of his major responsibilities included personnel management, operational and technical
management of county-wide trunked and conventional
radio systems, development and implementation of
policies and procedures, planning and project
management of new technologies.
• Bachelor of Science, Fire Service
Management, California State
University
• Associate of Arts, Fire Science,
American River College
AREAS OF EXPERTISE
• Fire Services dispatch
• Firefighting in wildfire prone
environments (California)
• PSAP management
• Fire dispatch personnel
management
• CAD implementation
• Radio system operational and
technical management
• Fire services standards, policy
and procedures development
• Planning and project
management
PROJECT EXPERIENCE
State of California
• El Dorado Hills Fire Department Communications
System Assessment and Design
• City of Oakland ECC Staffing Study
• Redwood Empire Dispatch Communications Authority
(REDCOM) Fire and EMS Dispatch Consolidation
Feasibility Study
State of Florida
• Palm Beach Gardens Dispatch and Communications
Operations Feasibility Study
State of Ohio
• Columbus RTCC User Needs Assessment
ADDITIONAL RELEVANT EXPERIENCE
Sacramento (California) Regional Fire/EMS
Communications Center
• Handled regional dispatch consolidations
• CAD system and ongoing response plan maintenance
• Dispatched to three fire departments
• Consolidated operations with four other fire agencies and private ambulance company
Citrus Heights (California) Fire Prevention District
• Held positions of dispatcher, supervisor, training
officer, Assistant Chief, Deputy Director
• Advisory support for consolidation of 23 fire
centers/PSAPs into one
PROFESSIONAL
ORGANIZATIONS
• NFPA
• APCO
• NENA
• National Incident Dispatcher
Association
• California Fire Chiefs
Association
• Organization of Public Safety
Telecommunicators, Herald
Fire Protection District
• California 911 Advisory
Board
PROFESSIONAL
PROFICIENCIES
• Active participant in the
writing of standards for fire
service communications
centers
• Leadership roles in state and
national organizations
related to fire service
communications
• Managing emergency
dispatch systems and
compliance with performance
standards
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LYNN MAURO
Senior Consultant
EDUCATION GENERAL BACKGROUND
Ms. Lynn Mauro has over 20 years of experience as
a system/business analyst, developer, and project
manager in the design, implementation, and
deployment of information systems. Her domain
expertise covers LERMS, JMS, CAD, and Fire/EMS
Records Management. She has a strong
understanding of IT project life cycles using PMI best
practices starting from project inception, contract
negotiations, SOW, application installation, training
of staff, documentation, testing and data analytics.
Ms. Mauro is a specialized technical liaison with the
capacity to coordinate with all stakeholders.
• B.S., Computer Information
Systems, Westfield State College
AREAS OF EXPERTISE
• Project management
• Public safety communications
• System design and development
• Emergency management
• CAD/RMS/JMS/LERMS/MDC
• System procurement and contract
negotiations
• User training
PROJECT EXPERIENCE
State of California
• City of Oakland CAD Provisioning
• City and County of San Francisco NIBRS Assessment
• City and County of San Francisco Public Safety Radio System Replacement
State of Iowa
• Polk County Governance Needs Assessment and Analysis for CAD
State of South Carolina
• City of Greenville Consolidated Dispatch Study
State of Washington
• Grant County Multi-Agency Communications Center (MACC) CAD/RMS/JMS Consulting
ADDITIONAL RELEVANT EXPERIENCE
City of Fremont, California Police Systems Analyst
• Business/System Analysis: Supported and maintained all business and mission critical systems and databases for the police department, including police CAD/911, police jail records, property and evidence, patrol, and animal shelter • Project Management: Successfully led all phases of
technology projects from initiation to maintenance by
identifying stakeholders’ business needs, negotiating
contracts, organizing and documenting requirements,
scheduling staff and external agencies, overseeing
installation, organizing and managing test cases, training staff, and supporting go live processes
• Technical Project Manager: Combined the Fremont/Union City dispatch centers, setting up multi-agency CAD and
Records Systems. Managed the logistical aspects in the move such as radios, phones, interfaces, network security, and connectivity to DOJ databases and County systems
TRAINING
• Oracle Database
Management
• Microsoft Sequel
Database
Management
TECHNICAL
EXPERTISE
• Database
management: SQL,
Oracle, Microsoft
• OS and Web server:
Windows, IIS, AIX,
HP/UX
• Reporting: Crystal
Reports, SQL,
PeopleSoft
• Software: MS Office,
Tiburon CAD/RMS,
Telestaff, Chameleon,
Cimage
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KATY BUCK
Senior Consultant
AREAS OF EXPERTISE GENERAL BACKGROUND
Ms. Katy Buck has 6 years of experience analyzing the
business needs and practices for public safety centers.
Through this experience, her knowledge encompasses a
broad range of technologies. Because of this knowledge she is highly skilled at assessing requirements and developing creative solutions that best serve agency needs. She is a resourceful and logical thinker, providing end-to-end project support from operational, administrative and technical needs assessments, design, implementation, end user training and post go-live optimization support. Ms. Buck is an effective communicator, enhancing client engagement in the project process and managing risks.
• System and user needs
analysis
• Software installation,
implementation and
support
• CAD and RMS systems
• CAD/RMS end user
training development and
delivery
• Customer service
• CAD product development
• Acceptance testing
PROJECT EXPERIENCE
State of Georgia
• Gwinnett County CAD Project Implementation Support
Washington, D.C.
• ODCA Audit
State of South Carolina
• City of Greenville Consolidated Dispatch Study
State of Arizona
• Pinal County CAD/RMS/MDS/JMS Procurement and
Implementation
State of Idaho
• State of Idaho Law Enforcement RMS/CAD Consulting
ADDITIONAL RELEVANT EXPERIENCE
Business Analyst/Professional Services Consultant II,
CentralSquare Technologies (Tritech Software Systems)
• Performed Analysis and Planning of existing client
operational processes in relation to the CentralSquare
Enterprise CAD and Mobile, Total Command CAD and
MobileCOM systems taking into consideration the client’s needs but not limited to dispatching and field operations. • Supported production implementation of new systems and major upgrades to existing systems that required project management
• Provided end user training and post go-live optimization support.
• Worked with clients through the enhancement process for current and future development
• Conducted Operational and Administrative Reviews, System Orientation. Completed project assignments, work in
partnership with client and identify project risks and
communicating them to project management
• Prepared training agendas, and training documents.
LICENSES &
CERTIFICATIONS
• CPR Certification
PROFESSIONAL
AFFILIATIONS
• Association of Public
Safety Communications
Officials (APCO)
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GREG GALIETI, AIA, LEED AP
Architect
EDUCATION & TRAINING GENERAL BACKGROUND
With over 30 years of comprehensive experience, Mr. Galieti has a creative foundation in design and project management and participates in all phases of the project from
programming through construction administration. He has extensive experience with budgets, materials, and project systems inclusive of environmental civil, structural, MEP parameters, and construction delivery methods.
Mr. Galieti is an effective communicator with his creative aptitudes facilitating the recognition of client goals and solutions. He serves the internal project team and external project stakeholders. He has a diverse project background and specializes in education, park, recreation and sports projects.
• Bachelor of Architecture,
University of Cincinnati,
1979
AREAS OF EXPERTISE
• Design
• Project Management/
Planning
• Construction
Administration
• Budgeting
• Building Systems Design
PROJECT EXPERIENCE
State of Indiana
• Camp Atterbury, Military Department of Indiana o Serving as PM/designer, the project was configured for a maximum of 235 guardsmen. This expansion to an
existing training center utilized moveable partitions and could be configured into 1-4 classrooms with state-of-
the-art telecommunication ports for desktop use and
strategically located to be adaptable for multiple
classroom arrangements
State of Ohio
• Armory and Training Site Support Barracks, Adjutant
General's Office, Project Manager/Designer o Armory 34,000 SF, 2-unit, 200-person o Barracks, 15,000 SF, 200-person • Akron Fire Station No. 12, Project Manager o New fire station with 3-bay apparatus bay, 6 dormitories, captain's housing, extensive fitness room, meeting room, office for police support, and
miscellaneous support spaces
• Belmont County Correctional Institution TPU Replacement, Project & Design Manager o New 28,000 SF Transitional Program Unit designed to house 100+ inmates
• Walnut Street Offices, Westerville, Ohio, Project Manager o Coordinated renovation of Council Chambers, including implementation of bulletproof material and construction of a safe room
• MS Corporate Offices Renovation, Columbus, Ohio, Project Manager & Designer
LICENSES &
CERTIFICATIONS
• LEED Accredited
Professional, U.S.
Green Building Council
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E. ATTACHMENT 1—INSURANCE REQUIREMENTS
As required by the RFP, the signed Attachment 1: Insurance Requirements form is provided on the following page.
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Request for Proposal
For
Hollister Dispatch Center/Live Crime Center Feasibility Study
Responses Due: 5:00 p.m., Friday, June 24, 2022
RFP Contact:
Rosie Betanio, Captain Hollister Police Department
City of Hollister
395 Apollo Way
Hollister, CA 95023
831-636-4330x1113
Fax: 831-636-4339
[email protected]
1. INTRODUCTION
The City of Hollister (City) invites qualified Dispatch/Live Crime Center Consultant firms and consultants to submit a written proposal for conducting a total feasibility study and analysis for the City of Hollister creating its own dispatch and live crime center to provide services to the community of Hollister and San Benito County. The current dispatching services are provided by Santa Cruz 911 (SCR911) which is located from the neighboring county of Santa Cruz.
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2. SCOPE OF WORK
The specific tasks in the survey will include:
Task 1 – Review the services currently being provided by SCR911 – The selected consultant will review the current services being provided by SCR911. Document the costs to the City of Hollister for dispatching services from 2010 to present. Document any services available to other agencies in California which are currently not offered by SCR911.
Task 2 – Initial Project Meeting - The selected consultant will meet via teleconference call, Zoom, or in person meeting with the City’s Public Safety Department Heads and the City Manager to initiate the project, and communicate study goals, objectives, and methodologies.
During the meeting, the selected consultant will discuss the benchmark classifications and data collection methodology and set forth a specific timeline to coincide with the final work plan.
Task 3 – Review current State Requirements to be able to start up a new Dispatch Center – The selected consultant will provide an up to date list of requirements , costs associated and timeline estimates to be able to obtain authorization from all applicable State of California agencies/departments to open and operate a new dispatch center.
Task 4 – Review and Provide costs associated with comparable agencies – The selected consultant will review the costs associated with similar and comparable agencies who currently operate their own dispatch center.
Task 5 – Provide an example of the design or outline of a possible dispatch center for Hollister – The selected consultant will develop a proposed, recommended design that would incorporate the dispatch center/Live Crime Center for Hollister. Include recommended square footage needed and possible locations where it could operate. The estimated costs of the design and equipment necessary to operate efficiently.
Task 6 – Provide a recommended staffing level - Appropriate formulas of recommended staffing levels throughout the day for efficiency. The project team will also provide detailed where appropriate to explain the recommended needs. Provide an estimated fully funded costs associated with the positions and salary savings with consolidation of existing job duties.
Task 7 – Provide estimated total costs - The feasibility study would provide the total costs associated with the implementation costs, personnel cost, equipment costs, and any other expenses that will be needed if the city decides to move forward with the city’s own dispatch/live crime center. The selected consultant will also provide a report of any savings associated with implementing the new dispatch center and include potential revenue from contracting services with San Benito County agencies (Sheriff, Probation, Fire Services, EMS and any other agencies who would need dispatching services).
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Task 8 – Prepare a Final Comprehensive Report - A The consultant will prepare a report that will include details of the costs, things that would need to be done, a proposed timeline and possible savings compared with continuing with SCR911. An original and the requested number of copies of the Final Feasibility Report will be submitted to the City. The consultant will meet with and present draft results to the City’s Public Safety Team Managers and City Manager.
Any issues, concerns, and comments will be addressed and resolved prior to the preparation of the Final Report. Additional presentation of the material to the City’s executive management team and labor group may also be required. Consultant agrees to present the Final Report in person to the Hollister City Council if requested to do so, and agrees that said presentation shall be at no additional cost to the City of Hollister.
3. PROJECTED TIMELINE
WORK TO BE COMPLETED FINAL DUE DATE*
RFP Due Date June 24, 2022
Agreements signed and submitted to the City
including all insurance documentation July 8, 2022
Draft Survey Submitted August 19, 2022
Final Information Produced September 2, 2022
*work can be submitted prior to final due date to expedite the process
4. CITY AGREEMENT AND INSURANCE REQUIREMENTS
Please review Attachment 1 the City’s Insurance Requirements and Attachment 2 the City’s Standard Agreement for Services.
5. PROPOSAL INFORMATION, ORGANIZATION, AND CONTENT
All proposals shall contain, at a minimum, the following information:
A. TITLE PAGE
The following must be provided on the title page:
Title of the Proposal
Name and Address of Firm/Agency
Phone/Fax of Firm/Agency
Primary Contact Person
Email of the Primary Contact Person
Signature of Authorized Firm/Agency Representative
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B. COST PROPOSAL AND TIMELINE FOR PERFORMING SCOPE OF WORK
Indicate the proposed compensation rate and structure for the described services. Provide the price for reach component including optional services.
C. REFERENCES
Provide a list of at least three references, including the names of contact persons for the references provided.
References should not include any City of Hollister staff or City Council Members.
6. PROPOSAL SUBMISSION
One (1) electronic pdf copy shall be received via email by the City by 5:00 p.m. (Pacific) on Friday, June 24, 2022 and directed to:
Rosie Betanio, Hollister Police Captain
[email protected]
All submissions are considered a matter of public record.
Your proposal must be received at the City by the deadline specified above. Late submittals will not be accepted.
7. SELECTION PROCESS
The final award will be based on a best value concept, meaning that the City shall consider the entire proposal for, but not limited to, proposal completeness, ability to meet requested service needs, experience in conducting compensation surveys, and cost to the City.
8. STIPULATIONS
The City reserves the right to disqualify any and all proposals that are not submitted in accordance with the required format described in this RFP.
The City reserves the right to reject any and all proposals submitted, or to request additional information.
The City does not reimburse respondents for the cost of proposal preparation, even in the event of cancellation of the RFP.
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Debriefings will not be provided by the City.
Every proposal submitted is considered a firm offer that must be valid for a minimum of 90 calendar days from the date of submission.
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Attachment 1
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.
Contractor or Consultant shall procure and maintain for the duration of the Agreement 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 or Consultant, its agents, representatives, employees or subcontractors.
Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit C. The endo rsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
_X__Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.
Professional Liability (Errors and Omissions):
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
__X_ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less F.1.c
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than $1,000,000 per occurrence or claim, $2,000,000 aggregate
Workers’ Compensation Insurance:
X Insurance as required by the State of California, with Statutory Limits, and Em ployer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)
The Contractor or Consultant makes the following certification, required by section 1861 of the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
__________________________________
Contractor/Consultant Signature
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
Additional Insured Status:
The insurance policies are to contain, or be endorsed to contain the following provision:
The City, its elected and appointed officials, officers, attorneys, agents, and employees 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 or Consultant or any subcontractors including materials, parts, or equipment furnished in connection with such work or operations, including completed operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s or Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
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 F.1.c
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shall be at least as broad as CG 20 01 04 13.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Primary Coverage:
The insurance policies are to contain, or be endorsed to contain the following provision:
For any claims related to this contract, the Contractor’s or Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees. Any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, attorneys, agents, and employees shall be in excess of the Contractor’s or Consultant’s insurance and shall not contribute with it.
Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain, or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
Waiver of Subrogation:
Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant 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 has received a waiver of subrogation endor sement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall F.1.c
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reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for appro val and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
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.
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 City.
Claims Made Policies: (note - applicable only to professional liability, see below)
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Subcontractors:
Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
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documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub - subcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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Attachment 2 – City’s Standard Agreement for Services to be Used for this Agreement
The Standard Agreement for Services included immediately below in this Attachment 2 is for demonstration purposes only and is not an assurance by the City of Hollister that the final agreement shall be identical. The City of Hollister may, in its sole discretion, change the particulars of said final agreement.
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this day of , 20 , between:
CITY: City of Hollister, having a principal place of business at 327 Fifth Street, Hollister, California
and CONSULTANT: , having a principal place of business at .
TERM OF AGREEMENT
This Agreement will become effective on and will continue in effect through unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
SERVICES TO BE PERFORMED BY CONSULTANT
Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
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Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
COMPENSATION
Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $ ($ .00)
Invoices
CONSULTANT shall submit invoices for all services rendered.
Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
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Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
OBLIGATIONS OF CONSULTANT
Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
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Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any dut ies or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
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CITY will not withhold state or federal income tax from payment to CONSULTANT;
CITY will not make disability insurance contributions on behalf of CONSULTANT;
CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
OBLIGATIONS OF CITY
Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
TERMINATION OF AGREEMENT
Sale of Consultant’s Business/ Death of Consultant.
1. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
2. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by F.1.c
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CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for su ch payment is given by CONSULTANT to CITY.
Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
GENERAL PROVISIONS
Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF HOLLISTER, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
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Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF HOLLISTER, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF HOLLISTER for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph .
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
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 will nevertheless continue in full force without being impaired or invalidated in any way.
Time of the Essence
All dates and times referred to in this Agreement are of the essence.
Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
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Executed at Hollister, California, on the date and year first above written.
CONSULTANT: CITY:
CITY OF HOLLISTER
By: By:
Name: Name: IGNACIO VELAZQUEZ
Title: Title: MAYOR
Social Security or
Taxpayer
Approved as to Form ATTEST:
MARY F. LERNER, City Attorney
Lozano Smith Attorneys at law
CHRISTINE BLACK, MMC, City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign ____________________________, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision, and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, _____________________________________ shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT fro m, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY:
City of Hollister
327 Fifth Street
Hollister, CA 95023
CONSULTANT:
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
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EXHIBIT “C”
MILESTONE SCHEDULE
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EXHIBIT “D”
PAYMENT SCHEDULE
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: August 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY OF
HOLLISTER AMENDING THE ANIMAL CONTROL REGULATIONS GENERALLY
ORDINANCE TO CLARIFY AND CORRECT CONFUSING AND INCONSISTENT LANGUAGE.
DESCRIPTION: This amendment to Chapter 6.04, Animal Control Regulations Generally, will provide clarity to citizens and staff attempting to interpret and enforce this section of the City of Hollister (“City”) Municipal Code.
RECOMMENDATION: Read by title only, waive full reading, and adopt Ordinance amending Chapter 6.04, Animal Control Regulations Generally.
DEPARTMENT SUMMARY: The City Police Department Animal Care and Service Bureau has become aware of several inconsistent and confusing sections in Chapter 6.04 (the “Chapter”) of the City Municipal Code. As written, these sections are difficult for citizens to understand and for City staff to enforce. The purpose of this amendment is to clarify and correct those sections.
The Chapter, as currently written, makes several references to the term “premises” but does not define premises. As currently written, premises could be interpreted to mean a single residence, a lot, or even an entire apartment complex. This amendment defines “premises” to mean a parcel of real property where a parcel of real property is a lot, or contiguous group of lots in single ownership, with a single assessor’s parcel number.
The Chapter, as currently written, reads “no person shall keep more than six live poultry, rabbits, cats or other small fur-bearing animals, over four months of age on any premises which are in a residential zone.” This has been interpreted by some citizens to mean that each individual residing at a premises may keep six poultry or small fur-bearing animals so, for example, a family of four would be permitted to keep twenty-four (24) such animals. It is unlikely that the original intent of the ordinance was to permit additional such animals on a premises per additional person in residence. As such, the amendment removes the phrase “person shall keep” to clarify that each premise is permitted six such animals, not each person.
The Chapter, as currently written, contains inconsistent provisions related to the keeping of cats.
One section allows no more than six cats while a later section allows no more than three cats.
The amendment clarifies this language to allow no more than three cats.
In addition to the above substantive changes there are also a few minor editorial amendments being proposed. Below is a summary of the proposed amendments. Blue underlined text is new, red strikethrough text is deleted, and green double-underlined text has been moved.
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6.04.005 Definitions
The term "poultry," as used in this chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or any other large domestic or tame birds. This shall exclude parakeets and canaries or similar small birds.
The term “premises,” as used in this chapter, shall mean a parcel of real property. A parcel of real property is a lot, or contiguous group of lots in single ownership, with a single assessor’s parcel number.
6.04.010 Running at large prohibited.
No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, swine, rabbits, chickens, geese, ducks or poultry of which the person is the owner, caretaker or custodian to be at large within the city. Any such creature shall be deemed to be at large when it shall be off the premises owned or rented by its owner and unaccompanied by the owner or an agent or employee of the owner, the caretaker, or the authorized custodian.
6.04.050 “Poultry” defined.
The term “poultry,” as used in this chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or other large domestic or tame birds. This shall exclude parakeets and canaries or similar small birds.
6.04.060 Registration with health department required — Exceptions.
A. Any person who keeps or intends to engage in the business of keeping any animals, poultry, tame birds or large reptiles within the city shall register that fact with the health department and shall also give information as to the number and kind of animals, birds, poultry or reptiles to be so kept with the health department unless specifically exempted under this chapter. Such person shall be held responsible by the health officer, whether exempted or not, for the maintenance of all such premises in a clean and sanitary condition in accordance with all applicable provisions of this chapter or other regulations pertaining thereto.
B. An exception to the registration required in this section shall be made whenever the animal kept or to be kept is a pet dog, cat, rabbit or similar animal commonly called a pet, owned by a person residing on the premises, does not exceed a total of two over four months old per premises and is not an animal or a reptile or poultry prohibited under this chapter or any other law or regulation.
6.04.070 Restrictions on keeping of poultry, rabbits and other small fur-bearing animals.
A. The following restrictions and regulations are applicable to keeping of poultry, rabbits, cats and other small fur-bearing animals:
1. No poultry, rabbits or other small fur-bearing animals shall be allowed within 50 feet of any residence.
2. No person shall keep more than six live poultry, rabbits, cats or other small fur-bearing animals, excluding cats, over four months of age shall be kept on any premises which are in a residential zone.
3. All poultry and rabbits shall be kept, harbored and maintained not less than five feet from all lateral and rear property lines, unless there is a solid fence, solid side of a building or wall not less than five feet in height between such poultry or rabbits and the adjoining property; except that where the property line abuts upon an alley, the distance requirement may be dispensed with.
4. No persons shall keep more than three cats of more than four months of age on any premises within the city.
B. This section shall not apply to poultry, rabbits or small fur-bearing animals which are in a building approved by the building inspector which is completely enclosed and screened, so that no odor or fly F.2
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nuisance exists, the animal or poultry having no access to open area; and provided, that such use is not expressly prohibited under other regulations by law.
6.04.120 Fowl or animals which disturb peace by any sound or cry declared a nuisance.
It is declared to be a nuisance, and no person shall keep, maintain or cause or permit to be kept or maintained upon any premises in any residential or commercial districts in the city, any crowing rooster, peacock, guinea fowl or any other fowl, poultry, or animal which by any sound or cry shall unreasonably disturb the peace and quiet of any neighborhood.
FINANCIAL IMPACT: There is no fiscal impact.
CEQA: N/A
ATTACHMENTS:
1. Ordinance - Chapter 6.04 (SL010815xFF256)
2. Public Notice - Chapter 6.04 Ordinance Revisions (SL010817xFF256)
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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ORDINANCE NO. 1219
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE ANIMAL
CONTROL REGULATIONS GENERALLY ORDINANCE TO CLARIFY AND
CORRECT CONFUSING AND INCONSISTENT LANGUAGE.
WHEREAS, City of Hollister Municipal Code Chapter 6.04, Animal Control Regulations Generally, (the “Chapter”) currently contains confusing and inconsistent language; and WHEREAS, such confusing and inconsistent language makes it difficult for citizens to interpret the Chapter and to understand their rights as citizens to keep small animals; and WHEREAS, such confusing and inconsistent language is difficult for City staff to enforce; and WHEREAS, an amendment is needed to clarify the meaning of certain sections of the Chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:
The ordinance of the City of Hollister amending the Animal Control Regulations Generally of Title 6 of the Municipal Code.
CHAPTER 6.04 – ANIMAL CONTROL REGULATIONS GENERALLY
CHAPTER 6.04. ANIMAL CONTROL REGULATIONS GENERALLY
6.04.005 Definitions
The term "poultry," as used in this chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or any other large domestic or tame birds. This shall exclude parakeets and canaries or similar small birds.
The term “premises,” as used in this chapter, shall mean a parcel of real property. A parcel of real property is a lot, or contiguous group of lots in single ownership, with a single assessor’s parcel number.
6.04.010 Running at large prohibited.
No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, swine, rabbits, or poultry of which the person is the owner, caretaker or custodian to be at large within the city. Any such creature shall be deemed to be at large when it shall be off the premises owned or rented by its owner and unaccompanied by the owner or an agent or employee of the owner, the caretaker or the authorized custodian.
6.04.020 Rabid animals generally.
The following are provisions relative to rabid animals:
A. Knowledge of Whereabouts. Any person having knowledge of the whereabouts of an animal known to have rabies or suspected of having rabies shall report the facts immediately to the health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. The health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.
B. Isolation. Any rabid animal, clinically suspected rabid animal or biting animal, shall be isolated in strict confinement as follows:
1. Any rabid animal or clinically suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in F.2
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the pound, in a veterinary hospital or in other adequate facilities in a manner approved by the health officer and shall not be killed or released for at least 14 days after the onset of symptoms suggestive of rabies.
2. Any animal which bites or otherwise exposes a person to rabies shall be isolated in strict confinement in a place and manner approved by the health officer and observed for at least 14 days after the day of infliction of the bite; except, that the following alternative is permitted in the case of dogs: Dogs which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facilities, in a manner approved by the health officer, may be released from isolation by the health officer after five days of veterinary observation, if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are n o clinical signs or symptoms of any disease.
C. Animal Contacts. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the health officer for a period of six months or destroyed; except, that the following alternatives are permitted in the cases of dogs and cats:
1. If the dog or cat has not been vaccinated against rabies within a period of two years with chick embryo rabies vaccine, the dog or cat may be administered antirabies hyperimmune serum and rabies vaccine in a manner prescribed by the health department and quarantined in a place approved by the health officer for a period of 90 days.
2. If the dog or cat has been vaccinated against rabies within two years but not less than 30 days with chick embryo rabies vaccine or within one year but not less than 30 days with nerve tissue rabies vaccine, the dog or cat may be revaccinated in a manner prescribed by the department and quarantined in a place and manner approved by the health officer for a period of 30 days.
6.04.030 Police chief to perform poundmaster's duties in absence of poundmaster.
If at any time there should be no duly appointed and acting poundmaster, the duties of poundmaster shall be performed by the chief of police or the chief's duly authorized representative until a poundmaster is appointed.
6.04.040 Interference with poundmaster or police officers prohibited.
No person shall in any manner interfere or attempt to interfere with the poundmaster or any police officer in the performance of any duty imposed by the provisions of this chapter. No person shall unlawfully take or attempt to take any animal seized purs uant to the provisions of this chapter from the custody of the poundmaster or any police officer. No person shall remove or attempt to remove from the public pound any animal impounded therein without having first redeemed the same as provided in this chapter or obtained permission of the poundmaster to do so.
6.04.060 Registration with health department required — Exceptions.
A. Any person who keeps or intends to engage in the business of keeping any animals, poultry, tame birds or large reptiles within the city shall register that fact with the health department and shall also give information as to the number and kind of animals, birds, poultry or reptiles to be so kept with the health department unless specifically exempted under this chapter. Such pers on shall be held responsible by the health officer, whether exempted or not, for the maintenance of all such premises in a clean and sanitary condition in accordance with all applicable provisions of this chapter or other regulations pertaining thereto.
B. An exception to the registration required in this section shall be made whenever the animal kept or to be kept is a pet dog, cat, rabbit or similar animal commonly called a pet, owned by a person residing on the premises, does not exceed a total of two o ver four months old per premises and is not an animal or a reptile or poultry prohibited under this chapter or any other law or regulation.
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6.04.070 Restrictions on keeping of poultry, rabbits and other small fur-bearing animals.
A. The following restrictions and regulations are applicable to keeping of poultry, rabbits, cats and other small fur-bearing animals:
1. No poultry, rabbits or other small fur-bearing animals shall be allowed within 50 feet of any residence.
2. No more than six live poultry, rabbits, or other small fur-bearing animals, excluding cats, over four months of age shall be kept on any premises which are in a residential zone.
3. All poultry and rabbits shall be kept, harbored and maintained not less than five feet from all lateral and rear property lines, unless there is a solid fence, solid side of a building or wall not less than five feet in height between such poultry or rabbits and the adjoining property; except that where the property line abuts upon an alley, the distance requirement may be dispensed with.
4. No persons shall keep more than three cats of more than four months of age on any premises within the city.
B. This section shall not apply to poultry, rabbits or small fur-bearing animals which are in a building approved by the building inspector which is completely enclosed and screened, so that no odor or fly nuisance exists, the animal or poultry having no access to open area; and provided, that such use is not expressly prohibited under other regulations by law.
6.04.080 Keeping of sheep, goats, horses, donkeys, mules, ponies, cows or other large animals.
No person shall keep one or more sheep, goats, horses, donkeys, mules, ponies, cows or other large animals within the city unless they are kept on unimproved propert y one acre in size. None of the animals specified in this section shall be allowed within 100 feet of any residence.
6.04.090 Construction of certain stables.
Every stable or other building wherein any animals such as swine, sheep, goats, horses, asses, donkeys, mules, ponies, cows or animals raised for fur-bearing purposes are kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
6.04.100 Maintenance of structures, pens, etc.
All structures, pens, coops or yards wherein animals, poultry or birds are kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from objectionable odors.
The interior walls, ceilings, floors, partitions and appurtenances of all such structures shall be whitewashed or painted regularly.
The health officer, upon the complaint of any person, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisi ons of this chapter.
6.04.110 Cooking of waste matter used as animal feed prohibited.
No waste vegetable matter or animal matter used for the feeding of swine, sheep, goats, cows, chickens, geese or ducks shall be cooked within the city.
6.04.120 Fowl or animals which disturb peace by any sound or cry declared a nuisance.
It is declared to be a nuisance, and no person shall keep, maintain or cause or permit to be kept or maintained upon any premises in any residential or commercial districts in the city, any crowing rooster, peacock, guinea fowl or any other fowl, poultry, or animal which by any sound or cry shall unreasonably disturb the peace and quiet of any neighborhood.
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6.04.130 Continuation of use of premises contrary to chapter provisions after annexation.
Whenever premises come into the city through annexation, if such premises were used contrary to the provisions of this chapter prior to annexation, such use may be continued; provided, that the premises shall be maintained in accordance with Sections 6.04.090 to 6.04.120, as well as other existing laws or regulations pertaining thereto. However, such use shall not be expanded after such annexation and shall be discontinued upon sale of the property by the owner of the property if such sale takes pl ace after annexation of the property to the city.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1219 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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1 ORDINANCE NO. [NUMBER]
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 6.04, ANIMAL
CONTROL REGULATIONS GENERALLY, OF THE HOLLISTER MUNICIPAL CODE WHEREAS, City of Hollister Municipal Code Chapter 6.04, Animal Control Regulations Generally, (the “Chapter”) currently contains confusing and inconsistent language; and WHEREAS, such confusing and inconsistent language makes it difficult for citizens to interpret the Chapter and to understand their rights as citizens to keep small animals; and WHEREAS, such confusing and inconsistent language is difficult for City staff to enforce; and WHEREAS, an amendment is needed to clarify the meaning of certain sections of the Chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:
The ordinance of the City of Hollister amending the Animal Control Regulations Generally of Title 6 of the Municipal Code.
CHAPTER 6.04 – ANIMAL CONTROL REGULATIONS GENERALLY
CHAPTER 6.04. ANIMAL CONTROL REGULATIONS GENERALLY
6.04.005 Definitions
The term "poultry," as used in this chapter, shall include chickens, turkeys, ducks, geese, guinea fowl, pigeons, pheasants or any other large domestic or tame birds. This shall exclude parakeets and canaries or similar small birds.
The term “premises,” as used in this chapter, shall mean a parcel of real property. A parcel of real property is a lot, or contiguous group of lots in single ownership, with a single accessor’s parcel number.
6.04.010 Running at large prohibited.
No person shall permit any horses, mules, donkeys, ponies, cattle, sheep, goats, swine, rabbits, or poultry of which the person is the owner, caretaker or custodian to be at large within the city. Any such creature shall be deemed to be at large when it shall be off the premises owne d or rented by its owner and unaccompanied by the owner or an agent or employee of the owner, the caretaker or the authorized custodian.
6.04.020 Rabid animals generally.
The following are provisions relative to rabid animals:
A. Knowledge of Whereabouts. Any person having knowledge of the whereabouts of an animal known to have rabies or suspected of having rabies shall report the facts immediately to the health officer. The health officer shall likewise be notified of any person or animal bitten by a rab id or suspected rabid animal. The health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.
B. Isolation. Any rabid animal, clinically suspected rabid animal or biting animal, shall be isolated in strict confinement as follows:
1. Any rabid animal or clinically suspected rabid animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in the poun d, in a veterinary hospital or in other adequate facilities in a manner approved by the health officer and shall not be killed or released for at least 14 days after the onset of symptoms suggestive of rabies.
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2 2. Any animal which bites or otherwise exposes a person to rabies shall be isolated in strict confinement in a place and manner approved by the health officer and observed for at least 14 days after the day of infliction of the bite; except, that the following alternative is permitted in the case of dogs: Dogs which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facilities, in a manner approved by the health officer, may be released from isolation by the health officer after five days of veterinary observation, if upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.
C. Animal Contacts. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the health officer for a period of six months or destroyed; except, that the following alternatives are permitted in the cases of dogs and cats:
1. If the dog or cat has not been vaccinated against rabies within a period of two years with chick embryo rabies vaccine, the dog or cat may be administered antirabies hyperimmune serum and rabies vaccine in a manner prescribed by the health department and quarantined in a place approved by the health officer for a period of 90 days.
2. If the dog or cat has been vaccinated against rabies within two years but not less than 30 days with chick embryo rabies vaccine or within one year but not less than 30 days with nerve tissue rabies vaccine, the dog or cat may be revaccinated in a manner prescribed by the department and quarantined in a place and manner approved by the health officer for a period of 30 days.
6.04.030 Police chief to perform poundmaster's duties in absence of poundmaster.
If at any time there should be no duly appointed and acting poundmaster, the duties of poundmaster shall be performed by the chief of police or the chief's duly authorized representative until a poundmaster is appointed.
6.04.040 Interference with poundmaster or police officers prohibited.
No person shall in any manner interfere or attempt to interfere with the poundmaster or any police officer in the performance of any duty imposed by the provisions of this chapter. No person shall unlawfully take or atte mpt to take any animal seized pursuant to the provisions of this chapter from the custody of the poundmaster or any police officer. No person shall remove or attempt to remove from the public pound any animal impounded therein without having first redeemed the same as provided in this chapter or obtained permission of the poundmaster to do so.
6.04.060 Registration with health department required — Exceptions.
A. Any person who keeps or intends to engage in the business of keeping any animals, poultry, ta me birds or large reptiles within the city shall register that fact with the health department and shall also give information as to the number and kind of animals, birds, poultry or reptiles to be so kept with the health department unless specifically exempted under this chapter. Such person shall be held responsible by the health officer, whether exempted or not, for the maintenance of all such premises in a clean and sanitary condition in accordance with all applicable provisions of this chapter or other regulations pertaining thereto.
B. An exception to the registration required in this section shall be made whenever the animal kept or to be kept is a pet dog, cat, rabbit or similar animal commonly called a pet, owned by a person residing on the premise s, does not exceed a total of two over four months old per premises and is not an animal or a reptile or poultry prohibited under this chapter or any other law or regulation.
6.04.070 Restrictions on keeping of poultry, rabbits and other small fur-bearing animals.
A. The following restrictions and regulations are applicable to keeping of poultry, rabbits, cats and other small fur-bearing animals:
1. No poultry, rabbits or other small fur -bearing animals shall be allowed within 50 feet of any residence.
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3 2. No more than six live poultry, rabbits, or other small fur -bearing animals, excluding cats, over four months of age shall be kept on any premises which are in a residential zone.
3. All poultry and rabbits shall be kept, harbored and maintained not less than five feet from all lateral and rear property lines, unless there is a solid fence, solid side of a building or wall not less than five feet in height between such poultry or rabbits and the adjoining property; except that where the property line abuts upon an alley, the distance requirement may be dispensed with.
4. No persons shall keep more than three cats of more than four months of age on any premises within the city.
B. This section shall not apply to poultry, rabbits or small fur -bearing animals which are in a building approved by the building inspector which is completely enclosed and screened, so that no odor or fly nuisance exists, the animal or poultry having no access to open area; and provided, that such use is not expressly prohibited un der other regulations by law.
6.04.080 Keeping of sheep, goats, horses, donkeys, mules, ponies, cows or other large animals.
No person shall keep one or more sheep, goats, horses, donkeys, mules, ponies, cows or other large animals within the city unless they are kept on unimproved property one acre in size. None of the animals specified in this section shall be allowed within 100 feet of any residence.
6.04.090 Construction of certain stables.
Every stable or other building wherein any animals such as swine, sheep, goats, horses, asses, donkeys, mules, ponies, cows or animals raised for fur-bearing purposes are kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
6.04.100 Maintenance of structures, pens, etc.
All structures, pens, coops or yards wherein animals, poultry or birds are kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin and free from objectionable odors.
The interior walls, ceilings, floors, partitions and appurtenances of all such structures shall be whitewashed or painted regularly.
The health officer, upon the complaint of any person, shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this chapter.
6.04.110 Cooking of waste matter used as animal feed prohibited.
No waste vegetable matter or animal matter used for the feeding of swine, sheep, goats, cows, chickens, geese or ducks shall be cooked within the city.
6.04.120 Fowl or animals which disturb peace by any sound or cry declared a nuisance.
It is declared to be a nuisance, and no person shall keep, maintain or cause or permit to be kept or maintained upon any premises in any residential or commercial districts in the city, any crowing rooster, peacock, guinea fowl or any other fowl, poultry, or animal which by any sound or cry shall unreasonably disturb the peace and quiet of any neighborhood.
6.04.130 Continuation of use of premises contrary to chapter provisions after annexation.
Whenever premises come into the city through annexation, if such premises were used contrary to the provisions of this chapter prior to annexation, such use may be continued; provided, that the premises shall be maintained in accordance with Sections 6.04.090 to 6.04.120, as well as other existing laws or regulations pertaining thereto. However, such use shall not be expanded after such annexation and shall be discontinued upon sale of the property by the owner of the property if such sale takes place after annexation of the property to the city.
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CITY OF HOLLISTER
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Hollister will hold a public hearing on September 6, 2022, at 6:30 p.m., or as soon thereafter as the matter may be heard in the Council Chambers of the City Hall, 375 Fifth Street, Hollister, California, to consider the following matters:
1. AMENDMENT TO SECTION 6.04, OF THE HOLLISTER MUNICIPAL CODE - Consideration of an ordinance amendment to Hollister Municipal Code Section 6.04 (Animal Control Regulations Generally.) The purpose of the amendments is to clarify and correct confusing and inconsistent language.
A copy of all relevant materials regarding the proposed actions is on file in the City Clerk Office at Hollister City Hall, 375 Fifth Street, Hollister, California. Specific questions can be directed to the City’s Police Department at 831-636-4330. Si necesita información en Español, comuníquese con Departamento de Policia al teléfono 831-636-4330 o por correo electrónico [email protected]
Please check the September 6, 2022, City Council agenda once it is posted on the City’s website for information as to how to participate in the City Council meeting. Written comments may be sent via U.S. Mail or by hand delivery to the City of Hollister, at City Hall, at the address listed above.
If you challenge the nature of the proposed items in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Hollister at, or prior to, the public hearing.
Bonnie Gawf, City Clerk
Publish Date: August 19, 2022
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: August 25, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
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. 2022-163, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CONTRIBUTION OF
FUNDS TO YOUTH RECOVERY CONNECTIONS NONPROFIT FOR FISCAL YEAR 2022/23 IN AN AMOUNT OF $175,000
BRIEF DESCRIPTION: City Council will consider approving the contribution of funds to Youth Recovery Connections Nonprofit for Fiscal Year 2022/23. Youth Recovery Connections is requesting an amount of $175,000.
RECOMMENDATION: City Council provide direction on the contribution of funds to Youth Recovery Connections Nonprofit for Fiscal Year 2022/23.
DEPARTMENT SUMMARY: The City of Hollister has seen an increase in incidences of overdose in our community is a symptom of complex and mutually reinforcing public health issues, including deteriorating mental health, lack of access to health and social services, poverty, unaffordable housing, and stigma; all of which have intensified in the pandemic era.
The Youth Recovery Connections is a 501(c) (3) nonprofit organization who designed a proposal to directly assist the San Benito County’s youth health disparities and their ability to improve inadequate access to drug prevention and treatment services.
At the April 4, 2022 City Council Meeting, City Council approved the contribution of funds to Youth Recovery Connections Nonprofit for Start -up and Prevention in an amount of $65,000 and an additional $25,000 for the first quarter. City Council also requested that Youth Recovery Connections come back in three (3) months to give measurable results and provide a presentation to City Council.
At the August 1st City Council Meeting, Youth Recovery Connections provided an Informational Presentation to City Council. At tha t time, Staff received direction from City Council to bring Youth Recovery Connections to the September 6 th meeting to provide additional funding. Youth Recovery Connections is requesting the amount of $175,000 for Fiscal Year 2022/23.
FINANCIAL IMPACT: $175,000 (General Fund Reserve 101-300101) Transferred to 101-1100-749001
CEQA: N/A
ATTACHMENTS:
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1. Appropraition_Youth Recovery Connections
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE CONTRIBUTION OF FUNDS TO YOUTH RECOVERY
CONNECTIONS NONPROFIT FOR FISCAL YEAR 2022/23 IN AN AMOUNT OF $175,000
WHEREAS, there has been a spike of overdose incidents in our community; and
WHEREAS, the City of Hollister recognizes the need to offer prevention and treatment services for those suffering from substance use disorders; and
WHEREAS, the Youth Recovery Connections is a 501(c) (3) nonprofit organization; and
WHEREAS, the Youth Recovery Connections proposal is designed to directly impact San Benito County’s youth health disparities and their ability to improve inadequate access to drug prevention and treatment services; and
WHEREAS, At the April 4, 2022 City Council Meeting, City Council approved the contribution of funds to Youth Recovery Connections Nonprofit Start-up and Prevention in an amount of $65,000 and an additional $25,000 for their first quarter of operation; and
WHEREAS, At the August 1st City Council Meeting, Youth Recovery Connections provided an Informational Presentation to City Council. At that time, Staff received direction from City Council to bring Youth Recovery Connections to the September 6th meeting to provide additional funding. Youth Recovery Connections is requesting the amount of $175,000 for Fiscal Year 2022/23.
WHEREAS, the City Council would like to provide additional funding in the amount of $175,000 for Fiscal Year 2022/23.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the contribution of $175,000 to Youth Recovery Connections for Fiscal Year 2022/23.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
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APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-163, 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 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim 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 175,000
Grants: Non-Profit Organizations 101 1100 749001 175,000 Total 175,000 175,000
Explanation of Transaction:
Youth Recovery Connections
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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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: August 31, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Community Services
William Via, Community Services
Director
CONTACT: William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2022-164, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING WAIVER OF MUNICIPAL
CODE COMPETITIVE BIDDING REQUIREMENT AND PURCHASE OF MUNICIPAL
VEHICLES
BRIEF DESCRIPTION: This Resolution will authorize a waiver of Municipal Code competitive bidding requirements and purchase of municipal vehicles.
RECOMMENDATION: Staff recommends that Council ADOPT a Resolution to waive the Municipal Code competitive bidding requirements and purchase of municipal equipment.
DEPARTMENT SUMMARY: For the past two years, vehicle manufacturers have been behind schedule in building and delivering vehicles to government entities and private individuals alike. The recent supply system shortages have increased the delay in building vehicles and has turned the automotive industry toward an “order first” type of purchase. This creates problems for government agencies that use the bid process. The unavailability of vehicles, vehicle prices, and build slots, even to dealers, causes dealerships to avoid the bid process because they are unsure of the delivery date of the vehicles and the projected cost; since more than a year delay may cause the model year to change, increasing the cost.
Title 3, chapter 3.06 Article II § 3.06.210 of the Municipal Code requires all purchases over $20,000 to be advertised for sealed bids. However, § 3.06.270 lists exceptions that include cooperative purchasing and sole source. Also, § 3.06.260 states “Upon approval of the city council, the city manager shall have the power, without notice, advertisement, or competitive bidding, to purchase for and on behalf of the city any supplies, material, equipment, or contractual service”.
With the above details in mind, Community Services is requesting authorization to use Sourcewell (a cooperative bidding agency) and direct purchasing of vehicles for the current Fiscal Year only, to avoid delays that may increase the cost of needed vehicles.
FINANCIAL IMPACT: Funds approved in current Fiscal Year in the following Funds:
101-5010-750080 $600,000; 203-5010-750070 $104,040; 101-5005-750070 $125,080; 101-4000-750070 $90,000; 660-4995-750070 $46,834; 101-8000-750070 $93,000; 670-5015-750070 $393,939
CEQA: N/A
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING WAIVER OF MUNICIPAL CODE COMPETITIVE BIDDING
REQUIREMENT AND PURCHASE OF MUNICIPAL VEHICLES
WHEREAS, the City of Hollister (the “City”) desires to obtain and is proceeding to acquire equipment and vehicles (collectively, the “Equipment”); and
WHEREAS, except as otherwise directed by the city council (“City Council”), whenever the amount to be expended for any purchase is in excess of twenty thousand dollars ($20,000.00), the department director shall advertise for sealed bids and the purchase contract shall be awarded to the lowest responsible bidder (M.C. 3.06.210); and
WHEREAS, an exception to bidding requirements also exists for sole source items (M.C. 3.06.270); and
WHEREAS, an exception to bidding requirements also exists for purchase without notice, advertisement, or competitive bids (M.C. 3.06.260); and
WHEREAS, there is a global shortage of vehicles of all types, including the Equipment; and
WHEREAS, the City Council wishes at this time to authorize and approve all proceedings for the acquisition of the Equipment from Sourcewell and/or Schwarze Industries, Inc. (“Vendor”) and other vehicle dealers and manufacturers.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister as follows:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. The City Council pursuant to its authority granted by the City of Hollister Municipal Code and applicable state law hereby waives the requirement for the purchase of the Equipment that all purchases greater than twenty thousand dollars ($20,000.00) be competitively bid.
Section 3. The City Council hereby declares the Equipment to be a sole source item exempt from competitive bidding requirements.
Section 4. The City Council authorizes the purchase of the Equipment in an amount not to exceed $1,500,000.
Section 5. The City Manager, Assistant City Manager, and their respective designees (“Authorized Officers”) are authorized and directed to take such further actions as may be necessary or convenient to carry out the purchase of the Equipment.
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Section 6. The Authorized Officers are hereby further authorized and directed to prepare, on behalf of the City, any other documentation necessary to carry out the terms for the acquisition of the Equipment as set forth in any agreement with the Vendor consistent with the terms and conditions of this resolution. Any actions heretofore taken by the Authorized Officers, on behalf of the City, that is in conformity with the purposes and intent of this resolution and with the provisions of applicable law are hereby approved and confirmed.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-164, 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 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 6, 2022
SUBMITTED: July 25, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Community Services
William Via, Community Services
Director
CONTACT: William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2022-165, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH LEASING 2, INC.
BRIEF DESCRIPTION: This Resolution will authorize the City Manager to enter into a 72-month Lease Purchase Agreement with Leasing 2, Inc. to finance the purchase of a Schwarze A7 Street Sweeper in the amount of $ 393,939 purchased from Municipal Maintenance Equipment.
RECOMMENDATION: Staff recommends that the City Council Adopt a Resolution directing the City Manager to sign the Lease Agreement with Leasing 2 Inc.
DEPARTMENT SUMMARY: Currently the Community Services Department maintains only one street sweeper and is in need of a back-up sweeper to continue operations when mechanical breakdowns occur; currently Community Services is required to find an available rental sweeper. The recently adopted budget for 2022-2023 included $68,452 for the first lease pa yment. The total of the lease payments will be $393,939, with no residual at the end of the term of the lease. The lease -purchase of this sweeper will allow the ongoing sweeping operations in the event of a mechanical brea kdown of one sweeper or the other; the current sweeper will be retained and act as the back-up sweeper.
FINANCIAL IMPACT: The long-term financial impact of the lease agreement will be $393,939 and the immediate, current Fiscal Year, impact is $65,857 from fund 670 - 5015-750070.
CEQA: N/A
ATTACHMENTS:
1. Hollister Lease Packet 8-16-22 signed
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH LEASING 2, INC.
WHEREAS, the City of Hollister (the “City” or “Lessee”) desires to obtain and is proceeding to acquire a new street sweeper and related items (collectively, the “Equipment”) referenced in the Lease Agreement (defined below); and
WHEREAS, in order to acquire the Equipment, the City has proposed to lease the Equipment from Leasing 2, Inc. (the “Lessor”) pursuant to the terms of a Lease Agreement by and between the City and the Lessor and all attachments thereto (including an escrow agreement), (collectively, the “Lease Agreement”); and
WHEREAS, the City is authorized to enter into lease agreements for equipment under Sections 37350 and 37351 of the Government Code of the State of California; and WHEREAS , the City has taken, or is in the process of taking, the necessary steps, including any legal bidding requirements, under applicable law, to arrange for the acquisition of such Equipment; and
WHEREAS , the acquisition of the Eq uipment, under the terms and conditions provided for in the Lease Agreement, is necessary, convenient, in the furtherance of and will at all times be used in connection with City's governmental and proprietary purposes and functions (except to the extent t hat subleasing of the Equipment is permitted under terms of the Lease Agreement), and are in the best interests of the City, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than a governmental unit of the State of California on a basis different from the general public; and
WHEREAS, the City has obtained from the private lender, Leasing 2, Inc., good faith estimates of (a) the principal amount, (b) the true interest cost of the fi nancing authorized by this Resolution, (c) the finance charge, meaning the sum of all fees and charges paid to third parties with respect to the financing, (d) the amount of proceeds of the financing expected to be received, where proceeds means the value of the Equipment to be received, net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the financing, and (e) the aggregate sum total of all lease payments (the “Lease Payments”) made pur suant to the Lease Agreement calculated to the final term of the Lease Agreement, plus the fees and charges paid to third parties not paid with the proceeds of the financing, and such estimates are disclosed and set forth in Exhibit A attached hereto; and WHEREAS, the City has adopted a debt management policy consistent with Government Code section 8855(i); and
WHEREAS, the City Council wishes at this time to authorize and approve all proceedings for the lease of the Equipment and related costs, and all related documents and actions, in furtherance of the public purposes of the City.
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NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Hollister as follows:
Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines.
Section 2. Authorized Officers. The City Manager, the Assistant City Manager, or either of their designees (each, an “Authorized Officer”) are hereby each, acting alone, authorized and directed to execute and deliver the Lease Agreement on behalf of the City, subject to an Authorized Officer making any such changes to the Lease Agreement as may be necessary or appropriate. The Authorized Officers are hereby each, acting alone, authorized and directed to consummate the tra nsaction, execute any documents or supplementary agreements necessary to secure possession, use, or ownership of said Equipment, and to approve any amendments thereto as necessary to carry out the provisions of this authorizing Resolution.
Section 3. Approval of Lease Agreement and Related Documents. The City Council hereby approves the lease financing plan outlined above and City staff is authorized and directed to take all steps necessary or convenient to acquire the Equipment in accordance with said Lease Agreement. To that end, the City Council hereby approves the Lease Agreement and all related documents, in substantially the respective form as presented to the City Council at this meeting, together with any changes therein or additions thereto deemed advisable by an Authorized Officer, whose execution thereof shall be conclusive evidence of such approval. The Lease Agreement between the City, as Lessee, and the Lessor, whereby the City leases and/or purchases the Equipment to be financed under the terms thereof, and whereby Lessor agrees to lease the Equipment to the City in consideration of the payment by the City of Lease Payments, is hereby approved; provided that (i) the total principal amount financed under the Lease Agreement shall not exceed $343,000, and (ii) the term of the Lease Agreement shall not exceed six (6) years.
An Authorized Officer is authorized and directed in the name and on behalf of the City to execute and attest the final form of the Lease Agreement and all related document s.
The Lease Agreement is hereby approved, subject to adjustment by an Authorized Officer, but not in excess of the above limitations as to lease term and total principal amount of Equipment financed subject to the Lease Agreement.
Section 4. Official Actions. The Authorized Officers are each authorized and directed in the name and on behalf of the City to make, execute, and deliver any and all assignments, certificates, requisitions, agreements, notices, consents, leases, other instruments of conveyance, warrants, and all other documents, subject to approval as to form by the City Attorney, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution an Authorized Officer is authorized to execute or countersign any document or take any action, such execution, countersigning, or action may be taken on behalf of such officer by any person designated by su ch officer to act on his or her behalf in the case such officer is absent or unavailable.
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Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of September, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Bonnie Gawf, CMC, Interim City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, BONNIE GAWF, CMC, Interim City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-165, 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 6th day of September, 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 September, 2022.
Bonnie Gawf, CMC
Interim City Clerk of the City of Hollister
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DOCUSIGN CONTRACT COVER SHEET
Staff must complete sections 1-7 and upload as an attachment to your contract in DocuSign From (Staff name and Department):
William Via
Community Services
Document name and type:
Sweeper Lease Agreement
Council Meeting Date:
September 6, 2022
______________________
Staff Report ID # (MinuteTraq):
3538
______________________
Project Name:
Sweeper Lease
Vendor Name:
Leasing 2 Inc.
Needs to be Recorded by County?
☒No
☐Yes (DocuSign contract must include cover
sheet for recorder’s office)
Date to be recorded
by:_______________
Notary required? (must indicate/flag ALL
sections that need notarization):
☒No
☐Yes
For Clerk Use Only
☐Routed back to staff person (incomplete):____________________________________ ☐Routed back to staff person (vendor signatures):_______________________________ ☐Approved by Council:________________________Resolution No:_________________ ☐Not Approved by Council (return to staff member):_____________________________
Clerk Use Only
Received Date:
Initials:
1 2
3 4
6 7
5 DocuSign Envelope ID: CDF07AB1-D529-4405-A7B8-3EEA1636E402 F.5.a
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August 15, 2022 Sent via Email: [email protected]
William Via
Community Services Director
City of Hollister
Re: Financing for a Schwarze A7 Sweeper with Freightliner M2 Chassis
Thank you for trusting Leasing 2 with your financing needs. Attached to this email are the required documents for execution, and their instructions are below.
PLEASE READ: Carefully follow the instructions below, checking off each item as completed. Documentation completed improperly will have to be redone and possibly delay funding. If you have any questions, please call us at (800) 287-5155.
ALSO:
Please execute documents in BLUE ink.
As these are legal documents, we cannot accept double-sided printouts.
Lease Purchase Agreement
• Signed and dated by Lessee’s authorized signatory.
Exhibit A – Resolution of Governing Body Extract of Minutes • Enter the date your resolution was adopted.
• Signed by Lessee’s authorized signatory.
• Signed and dated by Secretary/Clerk or other authorized board member of Lessee at bottom of page.
Exhibit B – Opinion of Lessee’s Counsel
• Printed on attorney’s letterhead and signed by attorney. Original signature required.
Exhibit C – Certificate as to Arbitrage
• Enter the date by which the equipment is expected to be fully acquired in Item 4. • Signed and dated by Lessee’s authorized signatory.
Exhibit D – Description of Equipment
• Enter the address where the equipment will be located. • Signed and dated by Lessee’s authorized signatory.
Exhibit E – Payment Schedule
• Signed and dated by Lessee’s authorized signatory.
Exhibit F – Acceptance Certificate
• Please DO NOT CHECK ANY BOXES – this will be completed at closing and you will receive a fully executed Agreement post-closing.
• Signed by Lessee’s authorized signatory.
Exhibit G – Essential Use/Source of Funds Letter
• Enter a description of how the equipment will be used and the services it will provide. • Signed and dated by Lessee’s authorized signatory.
Exhibit H – Designation of Bank Qualification
• Signed and dated by Lessee’s authorized signatory.
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Exhibit I – Notice and Acknowledgement of Assignment
• Signed and dated by Lessee’s authorized signatory.
Insurance Coverage Requirement
• Enter the name, address & phone number of your insurance agent. • If self-insured, check Item 2 and provide information regarding the nature of your self-insurance program along with the amounts of liability and physical damage coverage listed on a certificate.
Billing Information
• Enter all of the requested information.
Customer Identification Program Organized Entity
• Enter all of the requested information.
• Signed by Lessee’s authorized signatory.
Escrow Agreement
• Signed and dated by Lessee’s authorized signatory.
Escrow Agreement Exhibit A – (FOR FUTURE VENDOR PAYMENT(S) FROM ESCROW) • At least a week in advance of equipment delivery, contact Annette Keys, [email protected]. • We will complete the Escrow Exhibit A and scan it to you for signing along with the invoice(s) being approved for payment.
POST FUNDING REQUIREMENTS
IRS Form 8038-G (Form 8038-GC if the issue price is under $100,000) • We will email you this form for signature after the lease is funded.
Vehicle Titling
• You will have vehicle titled with security interest of first lienholder. Reference the back of the Certificate of Origin for the lienholder’s name and address. If the lienholder is not listed on the Certificate of Origin, please contact us prior to titling.
• Scan and email us a copy of the receipt from the titling authority when done.
Escrow Disbursements
• Disbursement documents authorizing release of vendor payments upon equipment acceptance will need to be signed.
ALL DOCUMENTATION SHOULD BE EMAILED OR FAXED FOR REVIEW PRIOR TO OVERNIGHTING.
PLEASE RETURN ALL DOCUMENTS BY: SEPTEMBER 9, 2022
Email/fax to: Overnight to:
Donna Womack Leasing 2, Inc.
[email protected] 1720 W. Cass St.
Fax: (813) 258-9333 Tampa, FL 33606
Phone: (813) 258-9888, Ext. 14 (813) 258-9888
Alternate contact:
Rick Carney
[email protected]
Phone: (813) 258-9888, Ext. 16
Thank you for your business.
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LEASE -PURCHASE AGREEMENT
LESSEE: LESSOR:
City of Hollister Leasing 2, Inc.
375 Fifth Street 1720 West Cass Street
Hollister, CA 95023 Tampa, FL 33606-1230
Dated as of September 10, 2022
This Lease-Purchase Agreement (the "Agreement") dated as of September 10, 2022 by and between Leasing 2, Inc. ("Lessor"), and City of Hollister ("Lessee"), a body corporate and politic duly organized and existing under the laws of the State of California ("State").
WITNESSETH:
WHEREAS, Lessor desires to lease the Equipment, as hereinafter defined, to Lessee, and Lessee desires to lease the Equipment from Lessor, subject to the terms and conditions of and for the purposes set forth in this Agreement; and
WHEREAS, Lessee is authorized under the Constitution and laws of the State to enter into this Agreement for the purposes set forth herein; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereby agree as follows:
ARTICLE I DEFINITIONS
Section 1.01. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Agreement" means this Lease-Purchase Agreement, including the Exhibits attached hereto, as the same may be supplemented or amended from time to time in accordance with the terms hereof.
"Commencement Date" is the date when the term of this Agreement begins and Lessee's obligation to pay rent accrues, which shall be the commencement date shown on the Exhibit E Payment Schedule.
"Equipment" means the property described in Exhibit D and which is the subject of this Agreement. "Lease Term" means the Original Term and all Renewal Terms provided for in this Agreement under Section 4.01. "Lessee" means the entity which is described in the first paragraph of this Agreement and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor" means (i) Leasing 2, Inc., acting as Lessor hereunder; (ii) any surviving resulting or transferee corporation; and (iii) except where the context requires otherwise, any assignee(s) of Lessor.
"Original Term" means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at the Commencement Date. "Purchase Price" means the amount indicated with respect to any date after payment of all Rental Payments (defined below) due through such date, all as set forth in Exhibit E hereto, or Supplemental Exhibit E hereto, as the case may be.
"Renewal Terms" means the renewal terms of this Agreement as provided for in Article IV of this Agreement, each having a duration of one year and a term co-extensive with the Lessee's fiscal year, except the last of such automatic renewal terms which shall end on the due date of the last Rental Payment set forth in Exhibit E to this Agreement. "Rental Payments" means the basic rental payments payable by Lessee pursuant to the provisions of this Agreement during the Lease Term, payable in consideration of the right of Lessee to use the Equipment during the then current portion of the Lease Term. Rental Payments shall be payable by Lessee to the Lessor or its assignee in the amounts and at the times during the Lease Term, as set forth in Exhibit E of this Agreement. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessee has purchased or is purchasing the Equipment.
ARTICLE I I COVENANTS OF LESSEE
Section 2.01 Lessee represents, covenants and warrants, for the benefit of Lessor and its assignees, as follows:
(a) Lessee is a public body, corporate and politic, duly organized and existing under the Constitution and laws of the State. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body, corporate and politic. (c) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and the transaction contemplated hereby, and to perform all of its obligations hereunder. (d) Lessee has been duly authorized to execute and deliver this Agreement under the terms and provisions of the resolution of its governing body, attached hereto as Exhibit A, or by other appropriate official approval, and further represents, covenants and warrants that all requirements have been met, and procedures have occurred in order to ensure the enforceability of this Agreement, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment hereunder.
Lessee shall cause to be executed and delivered to Lessor an opinion of its counsel substantially in the form attached hereto as Exhibit B. (e) During the term of this Agreement, the Equipment will be used by Lessee only for the purpose of performing one or more essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than the Lessee. (f) During the period this Agreement is in force, Lessee will annually provide Lessor with such current financial statements, budgets, proof of appropriation for ensuing fiscal year or such other financial information relating to the decision of Lessee to continue this Agreement as may be reasonably requested by Lessor or its assignee. (g) The Equipment will have a useful life in the hands of the Lessee that is substantially in excess of the Original Term and all Renewal Terms. (h) The Equipment is, and during the period this Agreement is in force will remain, personal property and when subjected to use by the Lessee under this Agreement, will not be or become fixtures.
(i) Lessee shall not voluntarily or involuntarily create, incur, assume or suffer to exist any lien, security interest or other encumbrance or attachment of any kind whatsoever on, affecting or with respect to the Equipment.
(j) Lessee shall not give up possession or control of the Equipment. (k) Lessee shall not change the location of the Equipment without giving prior written notice of the proposed new location to the Lessor and provided that Lessee shall obtain and deliver to Lessor any landlord waivers reasonably requested by Lessor so as to protect Lessor’s right, title and interest in and to the Equipment and Lessor’s ability to exercise its remedies with regard to the Equipment. The Equipment shall not be used outside of the United States without Lessor’s prior written consent. (l) Lessee shall not alter or modify the Equipment in any manner which would reduce the value or the marketability thereof. (m) Lessee will take no action that will cause the interest portion of any Rental Payment to become includable in gross income of the recipient for purposes of federal income taxation under the Code, and Lessee will take, and will cause its officers, employees and agents to take, all affirmative action legally within its power to prevent such interest from being includable in gross income for purposes of federal income taxation under Section 103(a) of the United States Internal Revenue Code of 1986 as amended (the "Code"). Lessee represents and warrants that the Lease is to be treated as an obligation of a political subdivision of a state within the meaning of Section 103(c)(1) of the Code. (n) Lessee is and shall remain in compliance with all laws, rules, regulations and orders applicable to Lessee, including U.S. economic and trade sanctions, and anti-corruption, anti- bribery, anti-money laundering and anti-terrorism laws.
ARTICLE III LEASE OF EQUIPMENT
Section 3.01 Lessor hereby demises, leases and lets to Lessee, and Lessee rents, leases and hires from Lessor, the Equipment, in accordance with the provisions of this Agreement, to have and to hold for the Lease Term.
ARTICLE IV LEASE TERM
Section 4.01. Commencement of Lease Term. The Original Term of this Agreement shall commence on the Commencement Date and shall terminate on the last day of Lessee's fiscal year then in effect. Lessee may renew this Agreement beyond the expiration of the Original Term, or beyond the expiration of any Renewal Term then in effect, up to the number of additional fiscal years provided in Exhibit E of this Agreement by appropriating sufficient funds to make scheduled Rental Payments for the ensuing fiscal year (each a "Renewal Term").
Terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in Exhibit E of this Agreement.
Section 4.02. Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events:
(a) The expiration of the Original Term or any Renewal Term of this Agreement and the non-renewal of this Agreement in the event of non-appropriation of funds pursuant to Section
6.07;
(b) The exercise by Lessee of the option to purchase the Equipment before expiration of this Agreement granted under the provisions of Articles IX or XI of this Agreement; (c) A default by Lessee and Lessor's election to terminate this Agreement under Article XIII; or (d) Payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder through the full lease term.
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Section 4.03. Return of Equipment on Termination. Upon expiration or earlier termination of the Original Term or any Renewal Term under any provision of this Agreement at a time when Lessee does not exercise its option to purchase the Equipment granted under the provisions of Articles IX or XI of this Agreement, Lessee hereby agrees to deliver the Equipment to Lessor packaged or otherwise prepared in a manner suitable for shipment by truck or rail common carrier to a location specified by Lessor. All expenses resulting from the return of Equipment on termination will be borne by Lessee.
ARTICLE V ENJOYMENT OF EQUIPMENT
Section 5.01. Provided that no default or event of default shall have occurred hereunder, Lessor hereby covenants that during the Lease Term Lessor will not interfere with Lessee’s quiet use and enjoyment of the Equipment.
Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.
ARTICLE VI RENTAL PAYMENTS
Section 6.01. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee.
Section 6.02. Payment of Rental Payments. During the Original Term and during each Renewal Term elected by Lessee, Lessee shall pay Rental Payments, exclusively from any and all legally available funds, in lawful money of the United States of America, exclusively to Lessor or, in the event of assignment by Lessor, to its assignee, in the amounts and on the dates set forth in Exhibit E hereto. Rental Payments shall be in consideration for Lessee's use of the Equipment during the applicable year in which such payments are due. The Rental Payment amounts set forth in Exhibit E are based on the Equipment Cost to be paid by Lessor being the amount set forth in Exhibit E. Lessor shall have no obligation to pay or disburse any amount greater than the amount set forth as the Equipment Cost. Lessee shall not amend any purchase contract, purchase order, or any other agreement that would have the effect of increasing the cost of the Equipment above set forth in Exhibit E as the Equipment Cost without the prior written consent of Lessor. In the event that the actual cost of the Equipment is greater than the amount set forth in Exhibit E, Lessee shall be solely responsible for and hereby agrees to promptly pay such excess to the vendor (s), provided that Lessee may request that Lessor finance such excess, which Lessor may, in its sole discretion elect to do or decline to do. Lessee shall indemnify and hold Lessor harmless from and against any loss, damages, costs and expenses resulting from or relating to any increase in the Equipment Cost. If Lessor, in its sole discretion, elects to finance such excess the amount of each installment of rent will be increased to provide the same yield to Lessor as would have been obtained if the actual cost had been the same as the stated Equipment Cost. In such event, Lessee shall at the request of Lessor execute and deliver an amendment reflecting the increase in the Equipment Cost and the Rental Payments.
Section 6.03. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of principal. Exhibit E hereto sets forth the interest component and the principal component of each Rental Payment during the Lease Term.
Section 6.04. Additional Interest in the Event the Interest is Taxable. Lessee acknowledges that Lessor's yield with respect to this Agreement is dependent upon the full amount of each Rental Payment being excluded from Lessor's income pursuant to the Code. Accordingly, if at any time, as a result of a determination that Lessee has breached a representation or covenant contained herein, or as a result of any change in the Code, any payment of either the interest component or the principal component of any Rental Payment is, in the opinion of counsel for the Lessor, subject to or affected by any income, preference, excess profits, minimum or other federal tax, Lessee shall pay, as additional interest, an amount which is necessary to provide to Lessor the same net income as Lessor would have received but for such event. Lessor's calculations of such additional interest shall be binding upon Lessee in the absence of manifest error.
Section 6.05. Rental Payments to be Unconditional. During the Original Term and during each Renewal Term elected by Lessee, the obligations of Lessee to make payment of the Rental Payments required under this Article VI and other sections hereof and to perform and observe the covenants and agreements contained herein shall be absolute and unconditional in all events, except as expressly provided under this Agreement. Notwithstanding any dispute between Lessee and Lessor, any Vendor or any other person, Lessee agrees to pay all Rental Payments when due and shall not withhold any Rental Payments pending final resolution of such dispute, nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments when required under this Agreement. Lessee's obligation to make Rental Payments during the Original Term or the then current Renewal Term elected by Lessee shall not be abated through accident or unforeseen circumstances.
Section 6.06. Continuation of Lease Term by Lessee. Lessee intends, subject to the provisions of Section 6.07, to continue the Lease Term through the Original Term and all the Renewal Terms hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Original Term and each of the Renewal Terms can be obtained. The officer of Lessee responsible for budget preparation shall do all things lawfully within his/her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for such payments to the extent necessary in each annual budget submitted and adopted in accordance with applicable provisions of State law, to have such portion of the budget approved, and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds is within the discretion of Lessee’s governing body.
Section 6.07. Termination by Nonappropriation. Notwithstanding anything contained herein, in the event Lessee does not appropriate sufficient funds for the payment of the Rental Payments scheduled to be paid in the next occurring Renewal Term, then Lessee may terminate this Agreement at the end of the then current Original Term or Renewal Term, and Lessee shall not be obligated to make payment of the Rental Payments provided for in this Agreement beyond the end of the then current Original or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination at least 90 days prior to the end of the then current Original or Renewal Term.
Section 6.08. Late Charges. If any Rental Payment is not paid in full to Lessor within fifteen (15) days after the payment first became due and payable, Lessee shall immediately pay to Lessor an additional one time late charge equal to five (5%) percent or, if less the maximum rate permitted by law, of each such amount past due along with the Rental Payment. If any Rental Payment remains unpaid beyond 45 days after it first became due and payable, or if Lessor has elected to exercise any remedies following an event or default, interest shall accrue on past due amounts at the rate of 1% per month or the highest rate allowed by law, whichever is less. Partial payments by Lessee shall be applied first to the accrued interest component of past due Rental Payments and the balance to the remaining principal component of past due Rental Payments.
Section 6.09. Prepayment. Lessee shall have the right to prepay principal components of Rental Payments in whole on any date set forth in Exhibit E by paying the then applicable Purchase Price set forth in Exhibit E on such date.
ARTICLE VII TITLE TO EQUIPMENT
Section 7.01. Title to the Equipment. During the term of this Agreement, title to the Equipment and any and all additions, repairs, replacements or modifications shall vest in Lessee, subject to the rights of Lessor under this Agreement. In the event of default as set forth in Section 13.01 or nonappropriation as set forth in Section 6.07, title to Equipment, shall immediately vest in Lessor, and Lessee will immediately surrender possession of the Equipment to Lessor.
Section 7.02. Security Interest. To secure the payment of all Lessee's obligations under this agreement, Lessee grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, accessions and substitutions thereto, and on any proceeds therefrom. Lessee hereby authorizes Lessor to prepare and file such financing statements, any amendments thereto and other such documents to establish and maintain Lessor’s valid first lien and perfected security interest. Lessee hereby acknowledges the receipt of copies of the financing statements prepared by Lessor and hereby confirms the accuracy of the information contained therein. Lessee further agrees to execute such additional documents, including affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest, and upon assignment, the security interest of any assignee of Lessor, in the Equipment.
ARTICLE VIII MAINTENANCE; MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES Section 8.01. Maintenance of Equipment by Lessee. Lessee agrees that at all times during the Lease Term Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair, working order and condition, and that Lessee will from time to time make or cause to be made all necessary and proper repairs, replacements and renewals.
Lessor shall have no responsibility in any of these matters, or for the making of improvements or additions to the Equipment.
Section 8.02. Taxes, Other Governmental Charges and Utility Charges. In the event that the use, possession or acquisition of the Equipment is found to be subject to taxation in any form (except for income taxes of Lessor), Lessee will pay during the Lease Term, as the same respectively come due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Equipment and any equipment or other property acquired by Lessee in substitution for, as a renewal or replacement of, or a modification, improvement or addition to the Equipment, as well as all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment; provided that, with respect to any governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as have accrued during the time this Agreement is in effect.
Section 8.03. Provisions Regarding Insurance. At its own expense, Lessee shall cause casualty, public liability and property damage insurance to be carried and maintained, or shall demonstrate to the satisfaction of Lessor that adequate self-insurance is provided with respect to the Equipment, sufficient to protect the Full Insurable Value (as that term is hereinafter defined) of the Equipment, and to protect Lessor from liability in all events. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement.
Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Alternatively, Lessee may insure the Equipment under a blanket insurance policy or policies which cover not only the Equipment but other properties. If Lessee insures similar properties by self-insurance and upon approval by Lessor, Lessee may insure the Equipment by means of an adequate insurance fund.
The term "Full Insurable Value" as used herein shall mean the full replacement value of the Equipment.
Any insurance policy pursuant to this Section 8.03 shall be so written or endorsed as to make losses, if any, payable to Lessee and Lessor as their respective interests may appear. The Net Proceeds (as defined in Section 9.01) of the insurance required in this Section 8.03 shall be applied as provided in Article IX hereof. Each insurance policy provided for in this Section
8.03 shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interest of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation.
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Section 8.04. Advances. Subject to the provisions of Section 6.07, in the event Lessee shall fail to perform any of its obligations hereunder Lessor may (but shall be under no obligation to) take such action as may be necessary to cure such failure, including, without limitation, the advancement of money; and all amounts so advanced by Lessor shall become additional rent for the then current Original Term or Renewal Term, which amounts, together with interest thereon at the rate of 12% per annum, or if less the maximum rate permitted by law, Lessee agrees to pay.
ARTICLE IX DAMAGE, DESTRUCTION AND CONDEMNATION: USE OF NET PROCEEDS Section 9.01. Damage, Destruction and Condemnation. If prior to the termination of the Lease Term (a) the Equipment or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty or (b) title to, or the temporary use of the Equipment or any part thereof or the estate of Lessee or Lessor in the Equipment or any part thereof shall be taken under the exercise of the power eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee.
For purposes of Section 8.03 and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorney's fees) incurred in the collection of such claims or award.
Section 9.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01 hereof, Lessee shall either (a) complete the work and pay any cost in excess of the amount of Net Proceeds, and Lessee agrees that if by reason of any such insufficiency of the Net Proceeds, Lessee shall make any payments pursuant to the provisions of this Section 9.02, Lessee shall not be entitled to any reimbursement therefore from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article VI hereof or (b) if Lessee is not in default hereunder, Lessee shall pay to Lessor the amount of the then applicable Purchase Price, and, upon such payment, the Lease Term shall terminate and Lessor's interest in the Equipment shall terminate as provided in Article XI of this Agreement. The amount of the Net Proceeds in excess of the then applicable Purchase Price, if any, may be retained by Lessee.
ARTICLE X DISCLAIMER OF WARRANTIES; VENDOR'S WARRANTIES; USE OF EQUIPMENT Section 10.01. Disclaimer of W arranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY WITH RESPECT THERETO. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item of Equipment.
Section 10.02. Vendor's W arranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default hereunder, to assert from time to time whatever claims and rights, including warranties of the Equipment, if any which Lessor may have against the Vendor of the Equipment. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Equipment, and not against the Lessor, nor shall such matter have any effect whatsoever on the rights of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties of the Vendor of the Equipment.
Section 10.03. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all laws of the jurisdictions in which its operations involving any item of Equipment may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Equipment; provided, however, that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the reasonable opinion of the Lessor, adversely affect the estate of Lessor in and to any of the items of the Equipment or its interest or rights under this Agreement.
ARTICLE XI OPTION TO PURCHASE
Section 11.01 At the request of Lessee, Lessor's interest in the Equipment and additional Rental Payments will be terminated and this Agreement shall terminate:
(a) At the end of the final Renewal Term, upon payment by Lessee of all Rental Payments scheduled as set forth in Exhibit E to this Agreement; or (b) if the Lease Term is terminated pursuant to Article IX of this Agreement, in the event of total damage, destruction or condemnation of the Equipment; or (c) any time when Lessee is not on such date in default under this Agreement, upon payment by Lessee of the then applicable Purchase Price to Lessor.
Upon the occurrence of any of such events, Lessor shall , if requested by Lessee, deliver a Bill of Sale of its remaining interest in the Equipment to Lessee "AS IS - WHERE IS" without additional cost or payment by Lessee.
ARTICLE XII ASSIGNMENT, SUBLEASING, INDEMNIFICATION MORTGAGING AND SELLING Section 12.01. Assignment by Lessor. This Agreement, and the rights of Lessor hereunder, may be assigned and reassigned in whole or in part to one or more assignees and subassignees by Lessor at any time subsequent to its execution, without the necessity of obtaining the consent of Lessee; provided, however, that no such assignment or reassignment shall be effective unless and until (i) Lessee shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, and (ii) in the event that such assignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of names and addresses of such holders as of any particular time is kept and agrees, upon request of the Lessee, to furnish such information to Lessee. Upon receipt of notice of assignment, Lessee agrees to keep a written record thereof, and to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Lessee may from time to time have against Lessor, or the assignee. Lessee agrees to execute all documents which may be reasonably requested by Lessor or its assignee to protect their interests in this Agreement.
Section 12.02. No Sale, Assignment or Subleasing by Lessee. This Agreement and the interest of Lessee in the Equipment may not be sold, assigned or encumbered by Lessee without the prior written consent of Lessor.
Section 12.03. Lessee Negligence. To the extent permitted by the laws and Constitution of the State, Lessee shall protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of the entering into this Agreement, the ownership of any item of the Equipment, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death of any person, to the extent that such liability, obligation, loss, claim or damage arises out of or is proximately caused by the negligent conduct of Lessee, its officers, employees or agents. The obligation of Lessee arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all other obligations under this Agreement or the termination of the Lease Term for any reason.
ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES
Section 13.01. Events of Default Defined. The following shall be "events of default" under this Agreement and the terms "event of default" and "default" shall mean, whenever they are used in this Agreement, any one or more of the following events:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein; and (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 13.01 (a), for a period of 30 days after written notice, specifying such failure and requesting that it be remedied as given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to the expiration, provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected. (c) The filing by Lessee of a voluntary petition in bankruptcy, or failure by Lessee promptly to lift any execution, garnishment, or attachment of such consequence as would impair the ability of Lessee to carry on its governmental function or adjudication of Lessee as a bankrupt or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to Lessee in any proceedings instituted under the provisions of the Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be enacted.
The foregoing provisions of this Section 13.01 are subject to (i) the provisions of Section 6.07 hereof with respect to nonappropriation; and (ii) if by reason of force majeure Lessee is unable in whole or in part to carry out its agreement on its part herein contained, other than the obligations on the part of Lessee contained in Article VI hereof, Lessee shall not be deemed in default during the continuance of such inability. The term "force majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, lockouts or other employee relations disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the state wherein Lessee is located or any of their departments, agencies or officials, or any civil or military authority, insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; or explosions.
Section 13.02. Remedies on Default. Whenever any event of default referred to in Section 13.01 hereof shall have happened and be continuing, Lessor shall have the right at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) Declare all Rental Payments due or to become due during the Original Term or Renewal Term then in effect to be immediately due and payable, whereupon such Rental Payments shall be immediately due and payable;
(b) With or without terminating this Agreement, retake possession of the Equipment and sell, lease or sublease the Equipment for the account of Lessee, and apply the proceeds of such sale, lease or sublease to pay the following items in the following order: (i) all cost and expenses of Lessor relating to the implementation of remedies under this Agreement as further provided herein; (ii) the applicable Purchase Price of the Equipment and (iii) the Rental Payments due during the Original Term or Renewal Term then in effect; and
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(c) Take whatever action under the Uniform Commercial Code or under other law or in equity as may appear necessary or desirable to enforce its rights as the owner or secured creditor of the Equipment.
Lessee further agrees that Lessee shall pay to Lessor such further amounts as may be sufficient to reimburse Lessor fully for its costs and expenses as incurred as a result of Lessee's default including, without limitation, Lessor's costs and expenses in enforcing, or endeavoring to enforce, its rights and remedies under the Agreement or incident thereto, including without limitation and to the extent not prohibited by applicable law, the Lessor's reasonable attorney's fees and expenses for enforcing Lessee's obligations hereunder.
Section 13.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy give under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver hereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient.
ARTICLE XIV MISCELLANEOUS
Section 14.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business.
Section 14.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.
Section 14.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 14.04. Amendments. The terms of the Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the Lessor and the Lessee.
Section 14.05. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 14.06. Delayed Closing. In the event of a delayed closing, Lessor shall receive as additional compensation any amount that accrues between the Commencement Date and the Closing Date.
Section 14.07. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 14.08. Captions. The captions or headings in this Agreement are for convenience only and do not define, limit or describe the scope or intent of any provisions of sections of this Agreement.
Section 14.09. Entire Agreement. This Agreement and the executed Exhibits attached hereto constitute the entire agreement between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein, regarding this Agreement or the equipment leased hereunder.
Section 14.10. Execution of Facsimile. In the interest of time, each party agrees that execution of signature pages of this Agreement by such party followed by transmission of such pages by facsimile/Telecopier/email will be legally binding upon such party. After each party has executed and transmitted such signature pages, each party agrees to execute hard copies of this Agreement and to promptly forward originals to the other party hereto.
Section 14.11. Correction of Documents. Lessee agrees to execute and deliver, or provide, as required by Lessor, any documents and information, from time to time, that may be necessary for the purpose of correcting any errors or omissions in this Lease or to reflect the true intent of Lessor in this transaction. All such documents and information must be satisfactory to Lessor.
Section 14.12 W AIVER OF JURY TRIAL. Lessee and Lessor hereby irrevocably waive any right to a jury trial with respect to any matter arising under or in connection with this Lease and agree that any dispute shall be determined by a court sitting without a jury.
Section 14.13. Performance Bonds. If requested by Lessor to facilitate payments to vendors in advance of delivery and acceptance, Lessee agrees to require the Equipment manufacturer, and all other contractors and/or subcontractors (collectively, "Contractors") with whom Lessee has contracted for the acquisition of the Equipment, to provide performance bond satisfactory to Lessor conditioned upon the construction of the Equipment as expeditiously as reasonably possible from the date of execution of such Lease and also conditioned upon delivery of possession of the Equipment to the Lessee free and clear of all liens and encumbrances, except the security interest granted to Lessor under the Lease- Purchase Agreement. Each such bond shall be in a form and with a surety acceptable to Lessor and shall name Lessor as a dual obligee. The Lessee shall proceed promptly to pursue diligently any remedies available against a Contractor that is in default under any agreement relating to the acquisition and construction of the Equipment and/or against each surety on any bond securing the performance of such Contractor's obligations with respect to the acquisition and construction of the Equipment. The Lessee and Lessor shall cause the net proceeds recovered by way of the foregoing to be applied, at Lessor's option, to (i) the completion of the Equipment, or (ii) the payment of all rent payments then due plus the then applicable Termination Balance. Any balance of net proceeds remaining after completion of Equipment construction or payment of the outstanding balance owed under the applicable Lease shall be paid promptly to Lessee.
Section 14.14. Time is of the Essence. Lessor and Lessee agree that time is of the essence of all provisions of each Lease entered into under this Agreement.
Section 14.15. Execution in Counterparts; Electronic Execution. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Photocopies or facsimile transmissions of signatures shall be deemed original signatures and shall be fully binding on the parties to the same extent as original signatures. Delivery of an executed signature page counterpart of this Agreement and each Lease by telecopy, emailed .pdf or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement and each Lease. This Agreement may be executed and delivered by any electronic or digital means (including without limitation .pdf) and the words “execution,” “signed,” “signature,” “delivery,” and words of like import in or relating to this Agreement or any document to be signed in connection with this Agreement shall be deemed to include electronic signatures, the electronic association of signatures and records on electronic platforms, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, provided that (x) nothing herein shall require Lessor to accept electronic signature counterparts in any form or format and (y) Secured Party reserves the right to require, at any time and at its sole discretion, the delivery of manually executed counterpart signature pages to this Agreement and Lessee agrees to promptly deliver such manually executed counterpart signature page.
Any terms and conditions of any purchase order or other document submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement. Lessee by the signature below of its authorized representative acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, Lessor has executed this Agreement in its corporate name and by its duly authorized officer, and Lessee has caused this Agreement to be executed in its corporate name and by its duly authorized officer. All of the above occurred as of the date first written below; this Agreement shall be binding on Lessee beginning on the date it is accepted and executed by Lessor.
(SIGNATURE PAGE FOLLOWS)
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LESSOR: Leasing 2, Inc.
By:
Brad Meyers
Title: President
Date:
LESSEE: City of Hollister
By:
Brett I. Miller
Title: City Manager
Date:
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EXHIBIT A
RESOLUTION OF GOVERNING BODY
EXTRACT OF MINUTES
LESSEE: City of Hollister
At a duly called meeting of the governing body of Lessee held on the day of , 20 , the following resolution was introduced and adopted.
WHEREAS, the governing body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described in the Lease-Purchase Agreement by and between Lessee and Leasing 2, Inc.; and has further determined that the Equipment will be used solely for essential governmental functions and not for private business use.
WHEREAS, Lessee has taken the necessary steps, including, without limitation to compliance with legal bidding requirements, under applicable law to arrange for the acquisition of such Equipment.
BE IT RESOLVED, by the governing body of Lessee that the terms of said Lease-Purchase Agreement and Escrow Agreement are in the best interest of Lessee for the acquisition of such Equipment, and the governing body of Lessee designates and confirms the following person to execute and deliver, the Lease-Purchase Agreement and Escrow Agreement and any related documents necessary to the consummation of the transactions contemplated by the Lease-Purchase Agreement and Escrow Agreement.
Brett I. Miller, City Manager
(Signature of Party to Execute (Print Name and Title)
Lease-Purchase Agreement and Escrow Agreement)
The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the above and foregoing Lease-Purchase Agreement and Escrow Agreement is the same as presented at said meeting of the governing body of Lessee.
Secretary/Clerk
Date
6th September 22
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BEFORE THE CITY COUNCIL
OF THE CITY OF HOLLISTER
RESOLUTION NO.
AUTHORIZING EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE
AGREEMENT AND APPROVING RELATED DOCUMENTS AND ACTIONS
WHEREAS, the City of Hollister (the “City” or “Lessee”) desires to obtain and is proceeding to acquire a new street sweeper and related items (collectively, the “Equipment”) referenced in the Lease Agreement (defined below); and
WHEREAS, in order to acquire the Equipment, the City has proposed to lease the Equipment from Leasing 2, Inc. (the “Lessor”) pursuant to the terms of a Lease Agreement by and between the City and the Lessor and all attachments thereto (including an escrow agreement), (collectively, the “Lease Agreement”); and
WHEREAS, the City is authorized to enter into lease agreements for equipment under Sections 37350 and 37351 of the Government Code of the State of California; and
WHEREAS, the City has taken, or is in the process of taking, the necessary steps, including any legal bidding requirements, under applicable law, to arrange for the ac- quisition of such Equipment; and
WHEREAS, the acquisition of the Equipment, under the terms and conditions provided for in the Lease Agreement, is necessary, convenient, in the furtherance of and will at all times be used in connection with City's governmental and proprietary purposes and functions (except to the extent that subleasing of the Equipment is permitted under terms of the Lease Agreement), and are in the best interests of the City, and no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any person other than a governmental unit of the State of California on a basis dif- ferent from the general public; and
WHEREAS, the City has obtained from the private lender, Leasing 2, Inc., good faith estimates of (a) the principal amount, (b) the true interest cost of the financing authorized by this Resolution, (c) the finance charge, meaning the sum of all fees and charges paid to third parties with respect to the financing, (d) the amount of proceeds of the financing expected to be received, where proceeds means the value of the Equipment to be received, net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the financing, and (e) the aggregate sum total of all lease payments (the “Lease Payments”) made pursuant to the Lease Agreement calculated to the final term of the Lease Agreement, plus the fees and charges paid to third parties not paid with the proceeds of the financing, and such estimates are disclosed and set forth in Exhibit A attached hereto; and
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WHEREAS, the City has adopted a debt management policy consistent with Government Code section 8855(i); and
WHEREAS, the City Council wishes at this time to authorize and approve all proceedings for the lease of the Equipment and related costs, and all related documents and actions, in furtherance of the public purposes of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Hollister as follows:
Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines.
Section 2. Authorized Officers. The City Manager, the Assistant City Manager, or either of their designees (each, an “Authorized Officer”) are hereby each, acting alone, authorized and directed to execute and deliver the Lease Agreement on behalf of the City, subject to an Authorized Officer making any such changes to the Lease Agreement as may be necessary or appropriate. The Authorized Officers are hereby each, acting alone, authorized and directed to consummate the transaction, execute any documents or supplementary agreements necessary to secure possession, use, or ownership of said Equipment, and to approve any amendments thereto as necessary to carry out the provisions of this authorizing Resolution.
Section 3. Approval of Lease Agreement and Related Documents. The City Council hereby approves the lease financing plan outlined above and City staff is authorized and directed to take all steps necessary or convenient to acquire the Equipment in accordance with said Lease Agreement. To that end, the City Council hereby approves the Lease Agreement and all related documents, in substantially the respective form as presented to the City Council at this meeting, together with any changes therein or additions thereto deemed advisable by an Authorized Officer, whose execution thereof shall be conclusive evidence of such approval. The Lease Agreement between the City, as Lessee, and the Lessor, whereby the City leases and/or purchases the Equipment to be financed under the terms thereof, and whereby Lessor agrees to lease the Equipment to the City in consideration of the payment by the City of Lease Payments, is hereby approved; provided that (i) the total principal amount financed under the Lease Agreement shall not exceed $343,000, and (ii) the term of the Lease Agreement shall not exceed six (6) years.
An Authorized Officer is authorized and directed in the name and on behalf of the City to execute and attest the final form of the Lease Agreement and all related documents. The Lease Agreement is hereby approved, subject to adjustment by an Authorized Officer, but not in excess of the above limitations as to lease term and total principal amount of Equipment financed subject to the Lease Agreement.
Section 4. Official Actions. The Authorized Officers are each authorized and directed in the name and on behalf of the City to make, execute, and deliver any and all assignments, certificates, requisitions, agreements, notices, consents, leases, other instruments of conveyance, warrants, and all other documents, subject to approval as to form by the City Attorney, which they
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or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution an Authorized Officer is authorized to execute or countersign any document or take any action, such execution, countersigning, or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable.
Section 5. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED this 6th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
By:
City Clerk
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I, Clerk of the City Hollister, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Hollister, California, at a regular meeting held thereof on the 6th day of September, 2022.
City Clerk
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EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the financing authorized by this Resolution. Such good faith estimates have been provided to the City, based on market inter- est rates prevailing at the time of preparation of the Estimated Principal Amount, by Leasing 2, Inc., the private lender (the “Lender”).
Principal Amount. The Lender has informed the City that, based on the City’s financing plan and current market conditions, their good faith estimate of the aggregate principal component of Rent paid under the Lease Agreement is $342,438.24 (the “Estimated Principal Amount”).
True Interest Cost. The Lender has informed the City that their good faith estimate of the true interest cost of the financing, which means the rate necessary to discount the amounts payable on the respective Rent payment dates to the principal components of said Rent, is 4.48%.
Finance Charge. The Lender has informed the City that their good faith estimate of the finance charge for the financing, which means the sum of all fees and charges paid to third parties (or costs associated with the financing) (the “Finance Charge”), is $0.
Amount of Proceeds to be Received. The Lender has informed the City that their good faith es- timate of the amount of proceeds, where proceeds is the value of the Equipment/Products being delivered to the City, expected to be received by the City in connection with the financing, less the Finance Charge as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the financing, is $342,438.24.
Total Payment Amount. The Lender has informed the City that their good faith estimate of the total payment amount, which means the sum total of all Rent made pursuant to the Lease Agree- ment, plus the Finance Charge as described above, not paid with the proceeds of the financing, calculated to the final term of the Lease Agreement, is $393,938.10.
The foregoing estimates constitute good faith estimates only. The actual aggregate sum of princi- pal components of Rent, the true interest cost thereof, the Finance Charges, the amount of pro- ceeds received the financing, and the total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of financing being different than the date as- sumed for purposes of such estimates, (b) the actual aggregate sum of the principal components of Rent being different from the Estimated Principal Amount, (c) the actual amortization of Rent being different than the amortization assumed for purposes of such estimates, (d) the actual mar- ket interest rates at the time of financing different than those estimated for purposes of such esti- mates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combina- tion of such factors. The actual date of the financing and the actual aggregate sum of the princi- pal components of Rent will be determined by the City based on market conditions and other fac- tors. The actual interest rates will depend on market interest rates at the time of financing. The actual amortization of Rent will also depend, in part, on market interest rates at the time of fi- nancing. Market interest rates are affected by economic and other factors beyond the control of the City.
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September 10, 2022
City of Hollister
375 Fifth Street
Hollister, CA 95023
Leasing 2, Inc.
1720 West Cass Street
Tampa, FL 33606-1230
Lease Purchase Agreement with
Leasing 2, Inc.
OPINION OF COUNSEL
Ladies and Gentlemen:
We are counsel to the City of Hollister (the “City”) in connection with the delivery by the City of the Lease-Purchase Agreement, dated as of September 10, 2022 (the “Lease-Purchase Agreement”), between Leasing 2, Inc. (the “Lessor”), and the City, as Lessee. The City Council authorized execution and delivery of the Lease-Purchase Agreement and related documents pursuant to Resolution No. (the “Resolution”).
In connection with rendering this opinion, we have examined documents, obtained certificates and undertaken other actions as we have determined necessary to render this opinion.
Specifically, we have examined the following documents:
(a)the Resolution, approving and authorizing the execution and delivery of the Lease- Purchase Agreement and related documents;
(b)the Lease-Purchase Agreement;
(c)the escrow agreement dated as of September 10, 2022 by and between the City, the Lessor and an escrow agent (“Escrow Agreement”) (Lease-Purchase Agreement and Escrow Agreement are collectively referred to herein as “Transaction Documents”); and
(d)such other documents and matters to the extent we deemed necessary to render the opinions or conclusions set forth herein.
Limited Liability Partnership
One Capitol Mall, Suite 640 Sacramento, California 95814 Tel 916-329-7433 Fax 916-329-9050 DocuSign Envelope ID: CDF07AB1-D529-4405-A7B8-3EEA1636E402 F.5.a
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City of Hollister, et al.
September 10, 2022