Hollister City Council
June 4, 2024

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, June 4, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Mia Casey, Mayor David Mirrione, City Manager Rick Perez, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Tim Burns, Council Member, District 4

Gordon Machado, City Treasurer

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/

City of Hollister YouTube Channel:

https://www.youtube.com/@cityofhollistercalifornia1489

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:

https://attend.wordly.ai/join/NLJC-7137
City of Hollister City Council Meeting

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION - REPORT OUT

5.SPECIAL ORDERS OF THE DAY

5.1 PRESENTATION FROM VISIT SAN BENITO COUNTY
RECOMMENDED ACTION:

Receive presentation from Visit San Benito County.

6.PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject.

Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

7.CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public. There will be one public comment period for all items on the Consent Agenda.

7.1 APPROVE MAY 21, 2024 MEETING MINTUES

7.2 CLAIM AGAINST THE CITY – MARIA MENDOZA, MELISSA SOLIZ, PATRICIA

CASTRO, AND YANETH SOLIS
RECOMMENDED ACTION:

Deny the claim and authorize staff to send the notice of rejection to the claimant.

7.3 CLAIM AGAINST THE CITY – FILED BY MARLON MOSS
RECOMMENDED ACTION:

Deny the claim and authorize staff to send the notice of rejection to the claimant.

7.4 RATIFY APPOINTMENTS TO FILL TWO VACANCIES ON THE PLANNING

COMMISSION
RECOMMENDED ACTION:

Ratify the appointments of David Agaliotis and Hani Mayzouni to fill vacancies on the Planning Commission.

7.5 ADOPT A RESOLUTION APPROVING A BLOCK PARTY STREET CLOSURE RECOMMENDED ACTION:

City of Hollister City Council Meeting

Adopt a resolution approving the temporary street closure of a portion of C Street for a Graduation Block Party.

7.6 ADOPT A RESOLUTION FOR LOCAL AGENCY FORMATION COMMISSION

ALTERNATIVE FUNDING STRUCTURE
RECOMMENDED ACTION:

Adopt a resolution for Local Agency Formation Commission for an alternative funding structure.

7.7 ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH LONG’S CUSTOM

DISCING TO MITIGATE WEEDS ON CERTAIN PROPERTIES
RECOMMENDED ACTION:

Adopt a resolution approving an agreement with Long’s Custom Discing to mitigate weeds on certain properties and authorize the Mayor to sign the agreements.

7.8 ADOPT A RESOLUTION APPROVING AMENDMENT 1 TO THE WEST COAST ARBORISTS, INC. PROFESSIONAL SERVICES AGREEMENT
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to sign Amendment No. 1 to the Professional Services Agreement with West Coast Arborists, Inc. for tree trimming and related services.

7.9 ADOPT A RESOLUTION APPROVING AN MOU WITH THE CITY OF SAN JUAN

BAUTISTA FOR THE USE OF ABBE PARK FIELD
RECOMMENDED ACTION:

Adopt a resolution approving a Memorandum of Understanding (MOU) between the City of Hollister and the City of San Juan Bautista for the use of Abbe Park Ball field located at 40 Polk Street in San Juan Bautista.

7.10 ADOPT A RESOLUTION APPROVING THE RENEWAL OF THE SAFE PROGRAM MOU
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to sign the proposed Support, Awareness, Follow-Up, and Engagement (S.A.F.E.) Program Memorandum of Understanding (MOU) for continued partnership between the Hollister Police Department and San Benito County Behavioral Health Department.

8.COUNCIL BUSINESS

8.1 ADOPT A RESOLUTION APPROVING THE BRIGGS BUILDING AUTONOMOUS

ROBOT SECURITY AGREEMENT
RECOMMENDED ACTION:

Adopt a resolution approving the use of Omnia Partners Cooperative Purchasing and authorize the City Manager to sign the agreement with Knightscope Inc. for Autonomous Robot Security for the Briggs Parking Structure.

8.2 REQUEST BY DEL CURTO BROTHERS CONSTRUCTION COMPANY, INC. FOR DEFERRAL OF IMPACT FEES FOR THE 400 BLOCK PROJECT
RECOMMENDED ACTION:

Consider a request from Del Curto Brothers Construction Company, Inc. to defer impact fees for the project known as the 400 Block and provide possible direction to staff.

City of Hollister City Council Meeting

9.PUBLIC HEARINGS

9.1 A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE FINAL ENGINEER’S REPORT, CONFIRM THE BOUNDARY AND ASSESSMENTS, AND

ORDER THE LEVY AND COLLECTION OF ASSESSMENTS OF LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2024-2025
RECOMMENDED ACTION:

Adopt a resolution approving the Final Engineer’s Report, confirming the boundary and assessments, and ordering the levy and collection of assessments of Landscape and Lighting District No. 93-1 for Fiscal Year 2024-2025.

9.2 DRAFT FY 2024-25 RECOMMENDED BUDGET
RECOMMENDED ACTION:

1. Hold a Public Hearing related to the draft FY 2024-25 Recommended Budget, receive the informational report, and provide direction to staff.

2. Review projects included in the draft FY2024-2025 Capital Improvement Program and provide direction to staff.

10.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.

10.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

10.2 COUNCIL REPORTS
Receive informational reports from the City Council

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

11.CLOSED SESSION

11.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees in classifications designated as Executive Management

11.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (1 case)

11.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION City of Hollister City Council Meeting

PURSUANT TO GOVERNMENT CODE 54956.9
Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): 3 cases

12.CLOSED SESSION - REPORT OUT

13.ADJOURNMENT

14.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of June 4, 2024 was posted on the bulletin board at City Hall on June 1, 2024 per Government Code Section 54954.2.

City of Hollister City Council Meeting

PUBLIC PARTICIPATION NOTICE
The public may attend meetings in person or watch meetings via live stream at:

City of Hollister Website:
http://hollisterca.iqm2.com/Citizens/Default.aspx

Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

To access written translation during the meeting, please scan the QR Code or click this link | Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device. | Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

1 City Council of the City of Hollister
Minutes of the Regular Meeting

May 21, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Members Present: Mia Casey, Mayor
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Casey called the special meeting of the City Council of the City of Hollister to order at 4:00 p.m.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember Morales led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY

4.1 Proclamation Honoring the 90th Anniversary of the San Benito County Saddle Horse Show & Rodeo
Mayor Casey read and presented the proclamation.

David Westrick, President of the San Benito County Saddle Horse Association, thanked the City Council and invited all to attend the event in June.

4.2 Swearing in Ceremony for Hollister Fire Chief Jonathan Goulding City Manager David Mirrione thanked Interim Fire Chief Rodney Dover for his service as Interim Fire Chief.

Mayor Casey swore in Hollister Fire Chief Jonathan Goulding.

Fire Chief Goulding thanked the City Council and provided comments.

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA

2 Darin Del Curto requested an extension for payment of impact fees for the project at 400 San Benito Street. Mr. Del Curto requested the impact fees be paid when owners take possession of the individual condominiums.

Terry Thompson with Caltrans provided an update on the planned road closures for Union Road.

Councilmember Burns requested a future City Council agenda item to receive an update on the Caltrans project.

Rosemary Porras requested additional afterschool programs and resources for Hollister students.

6. CONSENT ITEMS
Councilmember Morales pulled Item 6.12 from the consent calendar.

Mayor Casey opened public comment at 4:21 p.m.

There were no speakers for the consent agenda items.

Mayor Casey closed public comment at 4:21 p.m.

Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Approve the Consent Calendar items, except for Item 6.12.

Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)

6.1 APPROVE MAY 6, 2024 MEETING MINUTES
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Carried

6.2 WARRANT REGISTER MAY 21, 2024
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

3 Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessments funds.

Carried

6.3 CLAIM AGAINST THE CITY – FILED BY PRECISION GRADE, INC.

Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Deny the claim and authorize staff to send the notice of rejection to the claimant.

Carried

6.4 RATIFY APPOINTMENT TO FILL A VACANCY ON THE ARTS &

CULTURE COMMITTEE
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Ratify the appointment of Arthur Munoz to fill a vacancy on the Arts & Culture Committee.

Carried

6.5 ANNUAL MILITARY EQUIPMENT IN USE AT THE HOLLISTER POLICE DEPARTMENT INFORMATIONAL REPORT FOR 2024
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

ACCEPT INFORMATIONAL REPORT
Carried

6.6 ANNUAL AUDIT FOR FISCAL YEAR (FY) 2020-21
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

4 Receive the final draft of the FY 2020-21 annual audit, including the Annual Comprehensive Financial Report (ACFR) and Single Audit.

Carried

6.7 ADOPT A RESOLUTION DECLARING THE INTENTION TO LEVY AND

COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1 FOR FISCAL YEAR 2024/2025 AND SETTING THE

PUBLIC HEARING
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution declaring the intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2024/2025 and setting the public hearing for the levy and collection of assessments for June 4, 2024.

Carried

6.8 ADOPT RESOLUTION RENEWING THE REGULATORY PERMIT FOR HIGHER LEVEL OF CARE HOLLISTER, INC.

Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the renewal of a regulatory permit for Higher Level of Care Hollister to operate a cannabis dispensary located at 1802 Shelton Drive.

Carried

6.9 ADOPT A RESOLUTION APPROVING THE AVIGATION EASEMENT FROM CROCKER’S LOCKERS HOLLISTER LLC
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

1. Adopt a resolution approving the Avigation Easement from Crocker’s Lockers Hollister LLC;

2. Accept the grant of easement conveyed in and consent to the recording of the Avigation Easement; and

3. Authorize the City Manager to execute all documents required to accept and record the Avigation Easement.

5 Carried

6.10 ADOPT A RESOLUTION APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND

ACCOUNTABILITY ACT
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving a list of projects for fiscal year 2024 -2025 funded by SB 1: The Road Repair and Accountab ility Act of 2017.

Carried

6.11 ADOPT A RESOLUTION AUTHORIZING THE USE OF $2,000 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS IN

FINANCIAL SUPPORT OF THE SUPPORTING INDIGENOUS

COMMUNITIES GROUP (SICG)
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution authorizing Councilmember Morales to use City Council FY 23/24 budgeted discretionary funds of $2,000 in financial support of the Supporting Indigenous Communities Group (SICG) for their 2024 Annual Red Dress Day - Raising Awareness of Murdered and Missing Indigenous People event.

Carried

6.13 ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND ACCEPT THE TERMS OF THE LEASE-PURCHASE

AGREEMENT AND ESCROW AGREEMENT FOR THE PURCHASE OF

AN AERIAL LADDER TRUCK IN A FORM APPROVED BY THE CITY

ATTORNEY
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution authorizing the City Manager to negotiate and accept the terms of the Lease-Purchase Agreement with Leasing 2 for the financing of an aerial ladder truck in a form approved by the City Attorney.

6 Carried

6.12 ADOPT A RESOLUTION AUTHORIZING THE USE OF $15,000 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS IN

FINANCIAL SUPPORT OF NEW HOPE FOR YOUTH PROGRAMS AND

COMMUNITY OUTREACH
Councilmember Morales introduced Phillip Rodriguez with the New Hope for Youth organization.

Mayor Casey opened public comment at 4:25 p.m.

Phillip Rodriguez provided information regarding his organization and the services they provide to at-risk youth and their parents, children in foster care, etc.

Mayor Casey closed public comment at 4:28 p.m.

Councilmember Perez requested an additional $5,000 from his discretionary funds be provided to the New Hope for Youth organization.

Councilmember Burns requested Mr. Rodriguez provide a future update to the City Council regarding his organization, preferably before the July City Council recess.

Councilmember Resendiz expressed concern regarding the proposed resolution and stated he would not support it.

Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution authorizing Councilmember Morales to use City Council FY 23/24 budgeted discretionary funds of $15,000 and authorizing Councilmember Perez to use City Council FY 23/24 budgeted discretionary funds of $5,000 in financial support of the New Hope for Youth programs.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

7. COUNCIL BUSINESS

7.1 DISCUSSION REGARDING LOCAL PREFERENCE ORDINANCE FOR

AFFORDABLE HOUSING
Assistant City Attorney Jennifer Thompson provided the staff report.

7 Mayor Casey opened public comment at 4:44 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 4:44 p.m.

Councilmember Resendiz supported removing the local work prioritization criteria.

Councilmember Perez supported prioritizing eligibility for first responders and teachers to own in Hollister.

Councilmember Morales supported households that work in Hollister as a higher priority than those that live and work in Hollister.

Councilmember Burns commented on affordable housing programs in other jurisdictions.

By consensus, the City Council directed staff to consult with other local agencies to learn about their programs, and return with additional information.

7.2 INFORMATIONAL REPORT ON FISCAL YEAR (FY) 2023-24 QUARTER 3 (Q3) BUDGET MONITORING
Administrative Services Director Casey Estorga provided the staff report.

City Manager David Mirrione provided information regarding the FY 2024- 25 budget development process.

Mayor Casey opened public comment at 5:29 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 5:29 p.m.

7.3 QUARTERLY CITY COUNCIL BROWN ACT TRAINING
Assistant City Attorney Jennifer Thompson provided the staff report.

Mayor Casey opened public comment at 5:53 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 5:53 p.m.

8. INFORMATIONAL REPORTS

8.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

Councilmember Morales reported on upcoming meetings of the Monterey Division of CalCities and joint meeting of CALCOG (California Council of Governments) and the Self Help Counties Coalition.

8 Mayor Casey reported on a meeting of San Benito County's Homeless Task Force.

8.2 COUNCIL REPORTS
Receive informational reports from the City Council
Councilmember Resendiz requested an update from the San Benito Council of Governments and Caltrans regarding roadwork on Highways 156 and 25 and requested staff look into Rosemary Porras's request and write a letter to school district in support of afterschool programs.

Councilmember Burns requested a future Council agenda item to discuss the request by Darin Del Curto for an extension on payment of impact fees for the 400 Block of San Benito Street; requested staff look into creation of City afterschool programs for Hollister students; requested staff start the process to renovate 190 Maple Street for staff use; and use discretionary funds to name the 190 Maple Street building for Frank Valenzuela and install a memorial plaque there.

Councilmember Morales reported she attended Youth Alliance and Every Child in California events. Councilmember Morales requested a future agenda item to follow-up on findings of a recent investigation.

Mayor Casey supported requests for a future agenda item on the request by Darin Del Curto and supported writing a letter regarding afterschool programs.

City Mirrione David Mirrione requested and received consensus on the requested items and provided information regarding the process for naming of a City facility.

8.3 CITY MANAGER REPORT
No report.

1. Updated City Council Projects

9. CLOSED SESSION
Mayor Casey opened public comment at 6:06 p.m.

There were no speakers for the closed session agenda items.

Mayor Casey closed public comment at 6:06 p.m.

City Attorney Mary Lerner read the closed session item titles.

Mayor Casey adjourned the meeting into closed session at 6:07 p.m.

9.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6

9 Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees in classifications designated as Executive Management

9.2 CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95
Claimants: Maria Mendez, Melissa Soliz, Patricia Castro, and Yaneth Solis Agency Claimed Against: City of Hollister

9.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER
GOVERNMENT CODE SECTION 54956.8
Property: 25,466 square foot public right-of-way located on McCray Street, south of Park Street and east of Prospect Avenue in Hollister, California Agency Negotiator: David Mirrione, City Manager
Negotiating Parties: Toro Petroleum
Under Negotiation: Price & Terms

10. CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner stated no reportable action was taken in closed session.

11. ADJOURNMENT
Mayor Casey adjourned the meeting at 7:12 p.m.

12. VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of May 21, 2024 was posted on the bulletin board at City Hall on May 17, 2024 per Government Code Section 54954.2.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # City Clerk-2024-20

AGENDA ITEM: CLAIM AGAINST THE CITY – MARIA MENDOZA, MELISSA

SOLIZ, PATRICIA CASTRO, AND YANETH SOLIS

DEPARTMENT: City Clerk
DEPARTMENT HEAD Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Deny the claim and authorize staff to send the notice of rejection to the claimant.

DISCUSSION: Attorneys for Maria Mendoza, Melissa Soliz, Patricia Castro, and Yaneth Solis filed a claim against the City on April 11, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, and scheduled it to be heard by the City Council in closed session on May 21, 2024. The City Council recommended the denial of the claim. Staff seeks authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a Project.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # City Clerk-2024-21

AGENDA ITEM: CLAIM AGAINST THE CITY – FILED BY MARLON MOSS

DEPARTMENT: City Clerk
DEPARTMENT HEAD Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Deny the claim and authorize staff to send the notice of rejection to the claimant.

DISCUSSION: Marlon Moss filed a claim against the City on May 07, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a Project.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # City Clerk-2024-22

AGENDA ITEM: RATIFY APPOINTMENTS TO FILL TWO VACANCIES ON THE

PLANNING COMMISSION

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Ratify the appointments of David Agaliotis and Hani Mayzouni to fill vacancies on the Planning Commission.

DISCUSSION: The Planning Commission currently has vacancies for the seats appointed by Districts 1 & 2, and the citywide seat appointed by the Mayor will be vacant as of June 30, 2024. The City Council must ratify appointments to the commissions.

The City Clerk received two applications for vacancies. The appointments of David Agaliotis to fill the citywide seat and Hani Mayzouni to fill the District 1 seat are based on the recommendation by the members of the City Council whose appointed seats are vacant.

The recruitment will remain open for vacancies on all other Hollister boards and commissions, including an additional vacancy for the Planning Commission.

FINANCIAL IMPACT: N/A

CEQA: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Not a project.

ATTACHMENTS:

1. Redacted application for David Agaliotis

2. Redacted application for Hani Mayzouni

When completed please return to the City Clerk’s Office at 375 Fifth Street, or Email to: [email protected]
10/08/2020

HOLLISTER PLANNING COMMISSION
Application for Commissioner

Name:

Address:

Phone:

Email: Cell Phone:

Employer: Work Phone:

NOTE: The information you provide is done with the express understanding that it is public information and may be provided to the public when requested.

College:

Community Service Experience including service on other Boards, Commissions, Clubs, and/or Organizations

Clubs or Organizations:

Planning or Municipal Experience:

Why do you wish to be on the Planning Commission and what contributions can you make to the City Planning functions? (Attach additional sheet if necessary.)

Date: Signature:

Attach resume if desired.

Hani Mayzouni MSSE, MBA, PMP, ACP
Hollister, CA /

Over 20 years of experience with Senior Management. Responsible for providing the technology vision and leadership of all technical aspects of the organization. In-depth experience in team leadership, solutions delivery, trend analysis, transformation, vendor management, and budget. JOB EXPERIENCE Santa Clara County – Probation, San Jose Ca 2018 - Present Executive Director of IT/CIO An executive management position in the Probation Department and reports to the Chief Probation Officer. Responsible for the administration and management of the Probation Office's information technology and information systems and services. Independent Consultant 2017 – 2018 Provided technical and business advisory services to several clients.

Cook County- Sheriff’s Office, Chicago IL 2016 - 2017 Chief Information Officer (CIO)
Provided leadership and management for all technology functions. Collaborated with executive management, bureau chiefs and department heads regarding technology, security, jail management, and operational requirements and oversaw the design and implementation of projects. - Implemented Oracle ERP (Finance, HR and Warehouse Modules) - Implemented time and attendance system (Workforce) for 7000 employees - Upgraded and transferred Jail Management and LMS Systems to Microsoft CRM/Cloud - Remodeled (using Agile) Project Management Office (PMO) & Business Relationship - Restructured help desk and operations to be customer focus via ITIL processes - Merged BI/Applications teams and generated 40 reports using Tableau and MS BI - Transferred DR and large projects to public cloud (Azure) - Developed a scalable and optimal roadmap for the IT infrastructure Neighborhood Housing Services of Chicago 2015 - 2016 Director of ISS/IT
The organization’s key technology partner worked with other leaders to develop and implement the strategic goals of NHS. Aligned IT strategy with Organization strategy. - Outsourced Infrastructure to managed services provider - Restructured help desk and operations to be customer focus via ITIL processes - Reduced cost of IT operations by 25%
- Transferred large projects to public cloud (Azure)
Njas Corporation. Chicago, IL 2013 – 2015 CIO | CTO & Co-Founder A startup business developed with the intent to serve consumers in the Health Information/Retail Consumer market.

City of Chicago - Family and Support Services Dept. Chicago, IL 2007 – 2012 Director of IS/IT
Managed all aspects of Technology for a $500M+ City department. Design, development, installation, operation and maintenance of its hardware, software and communication networks.

Managed the following IT teams:
- Systems/Applications Development; System/Software engineering and development (Microsoft .NET framework, C#, ASP.NET, ASP.NET MVC), third party systems implementation and integration, QA/QC, Systems maintenance and Support, Applications Architecture.

- Evaluation, selection and implementation of major systems; developing new systems, enhancing the functionality of existing systems and integrating new and existing applications.

Manage vendor contracts, SOWs, relationships, billing/procurement. - Provide overall direction; Delivery of efficient and effective services and coaching and developing staff to maximize performance, enhance teamwork and support of end users. - Help Desk/Hardware/Network/Desktop Support; Systems support, problem management, support and maintain services for internal and external customers. CONTRACT EMPLOYMENT HISTORY

Innovative Software Management and Engineering Corp(ISMEC). Chicago, Illinois 2001 – 2007

eMediaNet, Dubai Internet City, Dubai, UAE
Director of Professional Services & Projects 2006 – 2007 Manage projects and team of Project Managers, and Consultants that deploy IPTV and Triple Play (Video, Voice, data) over IP at (Telcos, Hotels, etc.) sites across Middle East and Europe.

Doha Asian Games Organization Committee, Doha, Qatar
IT&T Project Management Office (PMO) Manager 2004 – 2005 Architected and managed three divisions (Project Management, Quality Assurance & Control, Disaster Recovery / Business Continuity). Managed overall management of the PMO, included projects with Wired/Wireless networks, Virtual Server Farms, Media, Games Software.

SAS-Middle East, Dubai, UAE
ERP Management Consultant 2003 – 2004
Identified and analyzed business workflows, screened and selected appropriate ERP (Exact Software), and implemented an ERP solution for a Textile Retail/Manufacturing company.

Shaheen Business & Investment Group (SBIG, OLE’ BMW), Amman, Jordan IT Director 2002 – 2003
Managed the entire IT services for the entire group and developed and delivered scalable Infrastructure solution.

EKI Inc. Chicago, Illinois.

Principal Consultant 2001 – 2002 Responsible for Project Management, Pre and Post Sales, Product Analysis, Business Analysis, Engagement Management and Internal Projects. Client: City of Chicago

Broadvision, Inc. Itasca, Illinois Practice Manager (Senior Manager), Professional Services. 2000 - 2001 Managed a team of Client Service Managers, Project Managers, and Consultants that developed internet/intranet/extranet applications and customized the BroadVision systems (B2B, B2C, Billing) for the customer needs.

EKI Inc, Chicago, Illinois. Project Director. eBusiness-Consulting. 2000 - 2000 Client: Anexsys
Managed a team of EKI consultants and served as a Project Director and an Advisor on Software Development Life Cycle, Use of Methodology, and the SEI CMM.

Answer Think Consulting Group, Chicago, Illinois. Consulting Manager. Management Consulting Division. 1998 - 2000 Project Management/IT Transformation/Year 2000. Client: Arial Communications Coordinated overall testing and certification of a Multi-Site Telecommunication Company.

Ernst & Young LLP, Minneapolis, Minnesota. Senior Consultant. Management Consulting Division. 1996 - 1998 Project Management/System Development & Integration. Clients: 3M, Swiss Bank and Eli Lilly Managed testing and certification of five clusters for a Multinational Global Pharmaceutical Company, served as an advisor for a Multi-Site International Bank on Y2K Testing Methodology to a group of Cluster Managers and served as a Project Manager for the implementation of Oracle application. TEACHING & VOLUNTEER EXPERIENCE Taproot Foundation. Chicago, IL 2015 - Present Account Director (Part Time) Manage multiple pro bono team leaders and teams to implement Salesforce and Strategy solutions.

Negotiate executives and board-level relationships, provide high-level guidance and coaching to clients and team members and manage challenges that may arise during the projects. Northern Illinois University. DeKalb, IL 2014 - 2016 Adjunct Faculty (Part Time), Graduate level Management Information Systems (MBA) Instructor Westwood College. Chicago, IL 2007 – 2014 Adjunct Faculty (Part Time), Management Information Systems & Business Instructor

ITT Technical Institute - Burr Ridge Campus, Burr Ridge, IL 2007 – 2009 Adjunct Faculty (Part Time), Project Management & e-Commerce Instructor EDUCATION Master of Business Administration (MBA) UNIVERSITY OF ST. THOMAS; St. Paul, MN Master of Science, Software Engineering UNIVERSITY OF ST. THOMAS; St. Paul, MN Bachelor of Science, Computer Science WINONA STATE UNIVERSITY; Winona, MN Bachelor of Science, Electrical and Electronics Engineering NORTH DAKOTA STATE; ND CERTIFICATION AND TRAINING - Project Management Professional Certificate (PMP) - Professional Certificate in Nonprofit Management, North Park University - Big Data (Analytics & Management) - Six Sigma Yellow Belt Certification - ITIL V3 - PMI Agile Certified Practitioner ACP Certification SKILLS:
- Innovative Leadership - Strategic Planning/Vision
- Acquisition and Deployment - Merging and Integration
- Global Operation - Product Management
- Profit and Loss Management - Profit Optimization/Cost Reduction - Re-engineering Operation
- Change and Innovation
- Process Improvement
- Large Scale Solutions
- PMO Management
- Software Development Life Cycle (SDLC)
- Professional Business Solutions Delivery
- QA/QC/Security

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # City Clerk-2024-23

AGENDA ITEM: ADOPT A RESOLUTION APPROVING A BLOCK PARTY STREET

CLOSURE

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Daisy Caceres, Deputy City Clerk

RECOMMENDED ACTION: Adopt a resolution approving the temporary street closure of a portion of C Street for a Graduation Block Party.

DISCUSSION: The City Clerk’s Office receives requests for community events. This request is for the temporary closure of C Street between Monica Drive/Monica Court and Carmen Court/Julian Court for a block party event to be held on June 7, 2024. The certificate of insurance, hold harmless agreement, and application have been submitted to the City Clerk’s Office and reviewed by all required departments.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: This action does not constitute a project under the California Environmental Quality Act (CEQA), and review under CEQA is not required.

ATTACHMENTS:

1. Resolution

2. 20240607. Public Assembly/Block Party Application

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE TEMPORARY STREET CLOSURE OF A PORTION OF C STREET

FOR A GRADUATION BLOCK PARTY

WHEREAS, Elias Arciniega is requesting a temporary street closure of C Street for a Graduation Block Party Event to be held on June 7, 2024 ; and

WHEREAS, the Police Department of the City of Hollister has deemed the street closure appropriate for Public Safety issues.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the following street closure on June 7, 2024, to ensure Public Safety:

Closure of C Street between Monica Drive/ Monica Court and Carmen Court/Julian Court between 12:00 p.m. to 10:00 p.m.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of finds and determines that said closing is necessary for the safety of persons.

The Public W orks Department will provide barricades to re-route traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # City Manager-2024-21

AGENDA ITEM: ADOPT A RESOLUTION FOR LOCAL AGENCY FORMATION

COMMISSION ALTERNATIVE FUNDING STRUCTURE

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION: Adopt a resolution for Local Agency Formation Commission for an alternative funding structure.

DISCUSSION: On May 9, 2024, the San Benito Local Agency Formation (LAFCO) meeting took place. During this meeting the LAFCO commission unanimously decided on an alternative funding structure for LAFCO’s budget. This action was deemed necessary in order to minimize burden on special districts and to enhance their participation. The alternative funding structure must be approved by the current member agencies, to include the County of San Benito, the City of Hollister, and the City of San Juan Bautista. It has been requested that the respective governing bodies of these agencies approve the attached resolution, and formally approve the allocation of a fifth of LAFCO’s budget to special districts upon joining LAFCO, as opposed to a third as codified Government Code. In the attachments is a memo regarding seating of special districts on LAFCO and proposed alternate funding allocation from the San Benito Local Agency Formation Commission. Additional details regarding the financial impacts to the member agencies are included as a result of the proposed alternative funding structure.

According to LAFCO approximately half of the commissions in California have special district representation. However, special district representation in San Benito County are not equal to the County and the cities in LAFCO affairs, including:
 formation of new districts,
 consolidation,
 merger or dissolution of existing districts,
 annexations
 changes of organization and the establishment, and
 amendment and updates to spheres of influence boundaries.

Special districts can have a vested interest in LAFCO actions as it has oversight over the district’s existence and growth. LAFCO has the potential to make a decision that would affect a particular district without the perspective and concern that only special districts seated on the Commission can provide.

The Local Agency Formation Commission plans to invite special districts to vote on their participating representation in LAFCO on June 13, 2024, during the meeting. Therefore, LAFCO has requested that the City of Hollister consider the resolution prior to that date

to enable the Commission to have an informed discussion on the matter.

FISCAL IMPACT: Potential reduction of General Fund expenditures ranging between an approximate $23,000 to $48,000 for Fiscal Year 2023-24. Ongoing cost savings to be determined when LAFCo approves its annual budgets.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Memo to LAFCO Member Agencies

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY OF HOLLISTER APPROVING AN ALTERNATIVE

FUNDING STRUCTURE FOR THE LOCAL AGENCY FORMATION COMMISSION

WHEREAS, the City of Hollister believes it is important that independent special districts have a voice in Local Agency Formation Commission (LAFCO) affairs; and

WHEREAS, the City of Hollister believes that it is important for LAFCO to have the perspective from the independent special districts that in its deliberations; and

WHEREAS, for these reasons, the City of Hollister supports the representation of independent special districts on the Local Agency Formation Commission of San Benito County as provided for in the Cortese-Knox-Hertzberg Act of 2000; and

WHEREAS, the City of Hollister understands that one third of the LAFCO operating costs borne by the independent special districts may be financially burdensome, particularly for those paying a larger portion of the allocation; and

WHEREAS, the City of Hollister, in the interest of ensuring independent special districts have representation on LAFCO for the reasons mentioned, agree to an alternative funding allocation for LAFCO as allowed by Government Code Section 56381; and

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister:

1. The independent special districts will be responsible for one -fifth of the LAFCO operating budget apportioned as described in Government Code Section 56381(b)(4), should they elect to join.

2. The remaining four-fifths of the operating budget will be allocated one-half to the County and one-half to the two cities as currently apportioned on a proportional basis, upon seating of the independent special district representation. Future operating budgets will be apportioned in the same manner unless an alternative is approved as set forth in Government Code Section 56381(b)(4).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

Resolution No. 2024-XX

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

San Benito Local Agency Formation Commission

2301 Technology Parkway
Hollister, CA 95023
(831)636-4000 Ext. 13
[email protected]
cosb.us/departments/lafco

Memorandum

Date: May 13, 2024

To: County of San Benito, City of Hollister, City of San Juan Bautista

From: San Benito Local Agency Formation Commission

Re: Seating of Special Districts on LAFCO and Proposed Alternate Funding Allocation

At San Benito LAFCO’s meeting on May 9, 2024, the Commission considered whether to invite special districts to have representation on LAFCO. The Commission unanimously decided that an alternative funding structure for LAFCO’s budget was necessary in order to minimize the burden on the special districts should they join. Any alternative funding structure must be approved by the current member agencies, which includes the County of San Benito, the City of Hollister, and the City of San Juan Bautista. It is requested that the respective governing bodies of these agencies approve the attached resolution, thereby formally approving the allocation of a fifth of LAFCO’s budget to special districts upon joining LAFCO, as opposed to a third as codified Government Code. Included in this memo is related background on special district representation on LAFCO and the financial impacts to the member agencies as a result of the proposed alternative funding structure.

Approximately half of all LAFCOs in the State have special district representation. Special districts in San Benito do not have a voice equal to the County and the cities in LAFCO affairs, including the formation of new districts, the consolidation, merger or dissolution of existing districts, annexations and changes of organization and the establishment, amendment and updates to spheres of influence boundaries. The ability to have a direct voice in all LAFCO affairs is now more compelling given LAFCO’s expanded mandates and independence. Special districts have a vested interest in LAFCO actions as it has oversight over their existence and growth. LAFCO has the potential to make a decision that would affect a particular district without the perspective and concern that only special districts seated on the Commission could provide.

In order to join LAFCO, special districts would be responsible for funding one third of LAFCO’s operating costs. The law has a formula requiring special districts to pay a third of LAFCO’s operating costs based on its ratio of revenues to cumulative independent special district revenues in the County, unless another formula is otherwise agreed to by the Cities and the County. San Benito LAFCO recommends that the County and cities approve an alternative funding structure allocating a fifth of LAFCO’s operating costs to the special districts. Below indicates the financial impact to the agencies under each funding scenario. In both funding scenarios, the County and the cities will benefit from savings with special districts on LAFCO.

San Benito LAFCO Member Agency Budget Allocation Options for Special District Membership

FY 23-24 Allocation
Actual
FY 23-24 Allocation
1/3 to Special Districts
FY 23-24 Allocation
1/5 to Special Districts
County of San Benito $ 122,982.00 $ 81,988.00 $ 98,385.60 City of Hollister $ 115,643.86 $ 77,095.91 $ 92,515.09 City of San Juan Bautista $ 7,338.14 $ 4,892.09 $ 5,870.51 Special Districts $ - $ 81,988.00 $ 49,192.80 Total $ 245,964.00 $ 245,964.00 $ 245,964.00

LAFCO plans to consider inviting special districts to vote on whether they desire representation on LAFCO at its June 13, 2024 meeting. Therefore, it is requested that the agencies consider the resolution prior to that date to enable the Commission to have an informed discussion on the matter.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # Fire-2024-04

AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH LONG’S CUSTOM DISCING TO MITIGATE WEEDS ON CERTAIN PROPERTIES

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant

RECOMMENDED ACTION: Adopt a resolution approving an agreement with Long’s Custom Discing to mitigate weeds on certain properties and authorize the Mayor to sign the agreements.

DISCUSSION: On May 6, 2024, Hollister City Council approved Resolution 2024-69, declaring the condition of certain properties to constitute a public nuisance and ordered the abatement of weeds. Long’s Custom Discing has an established relationship with the City of Hollister and mitigated weeds on certain properties for the City’s Annual Weed Abatement Program.

The Department did not seek bids per Ordinance 1241, Chapter 3.06, Section 3.06.230 , where a single purchase of $10,000 or less only requires one quotation. Last Weed Abatement season, the total cost for the abatement of said properties was under $6,000. Both agreements would be for a one (1) year term.

FISCAL IMPACT: $10,000. The cost will be recovered from property owners.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council held a public hearing on May 6, 2024 and approved Resolution 2024 -69, declaring the condition of certain properties to constitute a public nuisance and ordered the abatement of weeds.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Agreement signed by Long’s Custom Discing

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT WITH LONG’S CUSTOM DISCING TO

MITIGATE WEEDS ON CERTAIN PROPERTIES AND AUTHORIZE THE
MAYOR TO SIGN THE AGREEMENT.

WHEREAS, Hollister Fire Department desires to enter into an agreement with Long’s Custom Discing; and

WHEREAS, Long’s custom Discing has an established relationship with the City of Hollister by mitigating weeds for the City’s Annual Weed Abatement Program ; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister will enter into an agreement with Long’s Custom Discing for one (1) year.

PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4th, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by th e Council of the City of Hollister at a regular meeting held on June 4th, 2024 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 on June 4th, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

{4882-2543-7368}

CITY OF HOLLISTER

SERVICES AGREEMENT
FOR

WEED AND BRUSH ABATEMENT SERVICES

This services agreement (“Agreement”) is made and entered into effective June 5, 2024 (the “Effective Date”), by and between the City of Hollister (“City”) and Long’s Custom Discing (“Contractor” and together with City, the “Parties”).

1. Contractor Services. Contractor agrees to provide weed and brush abatement services to City (collectively, the “Basic Services”) (as further described in Exhibit A to this Agreement). Contractor shall provide services other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). “Services” shall mean Basic and Additional Services. Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by weed and brush abatement professionals specially qualified to provide the services required by the City.

2. Term. The term for performance of the Services shall begin on June 5, 2024 and shall end on Jun 5, 2025 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties.

In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

3. Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents, or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if: (1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City’s insurance premiums; (3) Contractor is adjudged as bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor’s insolvency. Such termination shall be effective immediately upon Contractor’s receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump-sum price for

Page - 2 - City of Hollister – Fire Department

Basic Services satisfactorily performed, based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed Ten Thousand Dollars ($10,000.00), which consists of a lump-sum of Ten Thousand Dollars ($10,000.00) for performance of the Basic Services, and a not-to-exceed amount of Ten Thousand Dollars ($10,000.00) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

5.1 Reimbursement for Certain Expenses. Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.

6. Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”), directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, for injury to or death of persons, damage to property, or delay or damage to the City or the City Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a Party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against City alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).

7. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services, and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse, or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented, or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.

Page - 3 - City of Hollister – Fire Department

8. Insurance.

8.1 Comprehensive General Liability and Automobile Insurance. Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) in the aggregate; (ii) commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate; (iii) worker’s compensation insurance as required by Labor Code section 3200 et seq.; and (iv) professional liability insurance covering errors and omissions. Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties. A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.

8.2 Workers’ Compensation. Contractor shall maintain a policy of workers’ compensation insurance as required by Labor Code section 3200 et seq. during the duration of this Agreement. The Owner shall be named as an additional insured on the policy by endorsements, which will become a part of the Contract Documents. A certificate evidencing this coverage shall be filed with the City prior to the commencement of work under this Agreement. Notification by the carrier to the City at least thirty (30) days prior to cancellation, failure to renew, or other termination, is required.

9. Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business. Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.

10. Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.

Page - 4 - City of Hollister – Fire Department

11. Confidential Information. All City information disclosed to Contractor during the course of performance of Services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City or required by law.

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

13. Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

14. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents, or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the City. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the City.

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the Parties and approval of it by the City Council, City shall give Contractor written notice to proceed with the Services. Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.

16. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

17. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.

18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable state law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.

19. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the address located next to the Party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.

Page - 5 - City of Hollister – Fire Department

20. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

20. Subcontractors. If Contractor shall subcontract any part of the work, Contractor shall be fully responsible to City for acts or omissions of Contractor’s subcontractors. Pursuant to Public Contract Code section 6109, no contractor may perform work on a public works project with a subcontractor who is ineligible to perform work on the project pursuant to California Labor Code sections 1777.1 or 1777.7.

21. Prevailing Wage. The project is a public work, the Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the state of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Agreement. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the City’s principal office. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement.

The Contractor and any subcontractor under the Contractor as a penalty to the City shall forfeit not more than two hundred dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

The Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked, and occupations of all laborers, workers, and mechanics employed by them in connection with the performance of this Agreement or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractor shall comply with Labor Code section 1776.

The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner.

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Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over twenty-five thousand dollars ($25,000.00), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by division 2, part 7, chapter 1 (§§ 1720 et seq.) of the Labor Code. For all projects over twenty-five thousand dollars ($25,000.00), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by division 2, part 7, chapter 1 (§§ 1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code, section 1725.5 to perform public works.

22. Working Hours. In accordance with the provisions of sections 1810 to 1815, inclusive, of the Labor Code of the state of California, which are hereby incorporated and made a part hereof, the time of service of any worker employed by the Contractor or a subcontractor doing or contracting to do any part of the work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week provided that compensation for all hours worked in excess of eight hours per day, and forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work.

The records shall be kept open at all reasonable hours to inspection by representatives of the City and the Division of Labor Standards Enforcement. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.

23. Apprentices. The Contractor agrees to comply with chapter 1, part 7, division 2, sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part hereof.

These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for each five hours of work performed by a journeyman (unless an exemption is granted in accordance with section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry, or color. Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.

24. Contractor’s License, Registration and Compliance. In accordance with section 3300 of the Public Contract Code, Contractor has a Class “[A and C27]” license which shall be maintained in good standing for the duration of Contractor’s work pursuant to the Agreement. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. The City shall not enter into any contract without proof of the Contractor’s current registration to perform public works under Labor Code section 1725.5. The Contractor shall not enter into any subcontract without proof of the subcontractor’s current registration to perform public work under Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by division 2, part 7, chapter 1 (§§ 1720 et

Page - 7 - City of Hollister – Fire Department

seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public works.

25. Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

26. Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

27. Liability of City. Notwithstanding anything stated herein to the contrary, City shall not be liable for any special, consequential, indirect, or incidental damages, including but not limited to lost profits in connection with this Agreement.

28. Time. Time is of the essence for performance of the Services under this Agreement.

29. Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.

30. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

31. Ownership of Documents. All plans, studies, drawings, calculations, reports, specifications, estimates, and other documents or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared by the Contractor under this Agreement (“Documents”) shall be and shall remain the property of the City for all purposes, not only as they relate or may relate to the Services but as they relate or may relate to any other project.

Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals, or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years. Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.

32. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

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33 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

34. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

35. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

36. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.

37. Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other Party, demand mediation of any dispute. The Parties shall endeavor to include any third-party claimant in the mediation. The Parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the Parties to this Agreement, shall pay equal shares of the mediator’s fees. Each party shall bear its own attorney’s fees related to the mediation.

35. Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code, § 2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request.

* * * * * * * * * * * * * * * * * * * *

CITY OF HOLLISTER CONTRACTOR:

_____________________________

By:

Name:

Title:

By:

Name:

Title:

Address for City Notices: Address for Contractor Notices:

Robert Long
Operations Manager
Long's Custom Discing Inc.
14320 Clayton Rd
San Jose, CA 95127
Long's Custom Discing, Inc.

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EXHIBIT A

Scope of Services

Scope of Work
To supply all labor, materials, and equipment necessary to remove weeds, brush and other debris as designated by the City of Hollister Fire Department. The parcels of land will be specified by the Fire Department.

The abatement of weeds will be done by discing or most efficient means for specified parcel. All parcels shall be evaluated prior to abatement services for obstacles and obstructions such as pipes, abandoned septic tanks, etc.

Work will be started on specific parcels and in order of priority and public nuisance according to fire and health hazards as determined by the City of Hollister fire Department.

This contract shall be non-exclusive, and the City of Hollister expressly reserves the right to contract with other contracts to remove weeds and/or refuse under special assignment proceedings or otherwise if required.

Location
The property upon which abatement work shall be done consists of streets, parkways, sidewalks, parks, commercial or private property, vacant or otherwise, upon which weeds or refuse have become a nuisance. Contractors shall coordinate with the City of Hollister Fire Department on location(s) and date(s) of requested abatement. Maps and locations will be furnished at the time of assignment. It will be the intent of the Fire Department to combine, whenever possible, work locations which are in close proximity to each other.

Notification Procedure
Property owners will be notified by the City that they will have to abate their property. The contractor will be notified as well in preparation for abatement procedures if property owners fail to do so.

The City of Hollister Fire Department will inspect all parcels in a specified area and give the contractor a written list of parcels in that area which the contract is to abate and the approved date to stat work. No work shall be done on any parcel unless this notice is given. The approval to start work on specified parcel is automatically canceled if work is not started within five (5) days of the approved start date. No payment will be made for abatement work on any parcel unless the above conditions are met.

Discing
Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each discing shall destroy and bury the growth of weeds existing at that time.

Discing equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment shall be suitable to accomplish the discing as specified. Each discing shall leave the party clean and reasonably smooth.

In some cases, lots may require two (2) discings. Unless otherwise specified, the second discing shall not occur before thirty (30) days have elapsed from the date of the first discing and shall be approved by the city of Hollister fire Department prior to work.

Mowing
Mowing of lots may be allowed as an alternate method of abatement of weeds on certain lots, however, mowing will not be allowed where firebreaks are required. All mowing methods must be approved by the City of Hollister fire Department prior to abatement.

Note: The City of Hollister Fire Department shall reserve the right to determine acceptable

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methods of abatement to comply with City Ordinances and other methods as defined herin.

The contract shall also be required to cut fire breaks where required.

Equipment
The contractor shall provide adequate equipment suitable to meet the requirements of this contract and shall be approved by the City of Hollister Fire Department.

Debris Removal
The Contractor shall be responsible for the removal and disposal of all debris/refuse that will prevent discing and/or mowing each lot designated for abatement services. Large amounts of debris/refuse and /or unknown materials will be immediately brought to the attention of the city Fire Department prior to removal.

If locations require trimming of tree branches, all debris may be chipped and left on site upon approval of the City of Hollister Fire Department.

If locations require trimming of tree branches, all debris may be chipped and left on site upon approval of the Hollister Fire Department.

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EXHIBIT B

Hourly Rates
Discing Rates:

1 acre $205/acre

Handwork Rates:

$85/hour per person

Page - 12 - City of Hollister – Fire Department

EXHIBIT C

PROJECT STAFF

NAME TITLE

Robert Long Tractor Operator

Austin Long Tractor Operator

Jaime Topete Hand Worker

Eduardo Betancourt Hand Worker

Fernando Betancourt Hand Worker

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # Parks & Recreation-2024-01

AGENDA ITEM: ADOPT A RESOLUTION APPROVING AMENDMENT 1 TO THE WEST COAST ARBORISTS, INC. PROFESSIONAL SERVICES AGREEMENT

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Tina Garza, Interim Parks & Recreation Director STAFF CONTACT: Tina Garza, Interim Parks & Recreation Director

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to sign Amendment No. 1 to the Professional Services Agreement with West Coast Arborists, Inc. for tree trimming and related services.

DISCUSSION: On May 17, 2021, the City Council adopted Resolution 2021 -90, approving a Professional Services Agreement with West Coast Arborists, Inc. of Santa Clara, California, for tree trimming and related services. The city’s tree inventory has grown by 1,281 since 2021, bringing the total to 8,926 trees. Professional arborists h ave specialized training and extensive experience in tree care, ensuring high-quality maintenance and regulatory compliance. Staff recommends that the City Council approve the attached resolution authorizing the City Manager to sign Amendment No. 1 to the Professional Services Agreement with West Coast Arborists, Inc. for continued tree trimming and related services.

FISCAL IMPACT: The proposed fiscal year 2024-2025 budget includes a request for $336,375.00 in Fund 101-8050-730000. When trees are pruned in these districts, the expense will be transferred to Funds 660, 709, and 712.

PREVIOUS COUNCIL OR COMMISSION ACTION: On May 17, 2021, the City Council adopted Resolution 2021-90, approving a Professional Services Agreement with West Coast Arborists, Inc. of Santa Clara, California, for tree trimming and related services.

CEQA: Exempt

ATTACHMENTS:

1. Resolution

2. Amendment 1 Agreement

3. Exhibit B

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO

THE PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST
ARBORISTS, INC. FOR TREE TRIMMING AND RELATED SERVICES.

WHEREAS, City and Contractor have previously entered into an Agreement for professional arborist services (“Agreement”) dated May 17, 2021; and

WHEREAS, the term of the Agreement is July 1, 2021, through June 30, 2024, with the option to extend the contract for three (3) years in one-year increments; and

WHEREAS, the Cost Adjustment Formula for contract extensions will be calculated using the Consumer Price Index for April for All Urban Consumers not seasonally adjusted in the San Francisco-Oakland-San Jose area published by the Department of Labor’s Bureau of Labor Statistics (“CPI”); and

WHEREAS, the maximum increase in any contract year may not exceed 3.5%; and

WHEREAS, the City and Contractor desire to amend said Agreement to extend the term one year and to increase the contract prices according to the Agreement Cost Adjustment Formula.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This First Amendment is added to the Agreement.

2. Except as herein amended, the Agreement dated May 17, 2017, shall remain in full force and effect.

3. The term of the Agreement shall expire on June 30, 2025.

4. The Agreement Exhibit B unit prices shall increase by three point five percent (3.5%) beginning July 1, 2024.

PASSED AND ADOPTED by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Resolution No. 2024-XX

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.

THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2024, by and between the City of Hollister, California, a municipal corporation (“City”), and West Coast Arborists, Inc., (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for professional arborist services (“Agreement”) dated May 17, 2021; and

WHEREAS, the term of the Agreement is July 1, 2021, through June 30, 2024, with the option to extend the contract for three (3) years in one-year increments; and

WHEREAS, the Cost Adjustment Formula for contract extensions will be calculated using the Consumer Price Index for April for All Urban Consumers not seasonally adjusted in the San Francisco-Oakland-San Jose area published by the Department of Labor’s Bureau of Labor Statistics (“CPI”). If the CPI is greater than the last published CPI of the previous year, the contract prices will be increased by the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same; and

WHEREAS, the maximum increase in any contract year may not exceed 3.5%; and

WHEREAS, the CPI increase from April 2023 to April 2024 was [WRITTEN NUMBER] percent ([NUMBER]%); and

WHEREAS, City and Contractor desire to amend said Agreement to extend the term one year and to increase the contract prices according to the Agreement Cost Adjustment Formula.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This First Amendment is added to the Agreement.

2. Except as herein amended, the Agreement dated May 17, 2017, shall remain in full force and effect.

3. The term of the Agreement shall expire on June 30, 2025.

4. The Agreement Exhibit B unit prices shall increase by [WRITTEN NUMBER] percent ([NUMBER]%) beginning July 1, 2024.

2 IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER
BY:

City Manager
APPROVED AS TO FORM:

BY:

City Attorney

CONTRACTOR, WEST COAST
ARBORISTS, INC.

BY:
(Signature)
(Typed Name)
Patrick Mahoney, President

1 Tree Prune 10-20' Tall Each $112.80
2 Tree Prune 21-40' Tall Each $164.55
3 Tree Prune >40' Tall Each $268.05
4 Tree & Stump Removal 10-20 DBH Each $574.40
5 Tree & Stump Removal 21-40 DBH Each $1,961.30
6 Tree & Stump Removal >40 DBH Each $2,996.30
7 Stump Only Removal 6-18 DBH Each $201.80
8 Stump Only Removal 19-30 DBH Each $305.30
9 Stump Only Removal 31-42 DBH Each $408.80
10 Stump Only Removal >42 DBH Each $512.30
11 ER Tree & Stump Removal 10-20 DBH Each $931.50
12 ER Tree & Stump Removal 21-40 DBH Each $2,587.50
13 ER Tree & Stump Removal >40 DBH Each $3,622.50
14 Palm Tree & Stump Removal 15-30 DBH Each $615.80
15 Palm Tree & Stump Removal 31-60 DBH Each $1,029.80
16 Palm Tree & Stump Removal >60 DBH Each $1,443.80
17 Plant 15 Gallon Tree Each $248.40
18 GPS Tree Inventory Updates Each $5.15
19 Arborist Services Man Hour $144.90
20 Crew Rental - per man w/eqpt Man Hour $72.45
21 Emergency Response - per man Man Hour $103.50
22 Specialty Equipment Rental Hour $248.40
The suggested rates have been adjusted by 3.5%, which is the maximum allowable under the terms of this Agreement. The Consumer Price Index for the San Francisco-Hayward-Oakland region from April to April stands at 3.8%..

CITY OF HOLLISTER
Item
Schedule of Compensation for Year 2024 - 2025
Tree Maintenance Services performed by WCA, Inc.

Description Unit Proposed Prices
Printed on: 5/22/2024 3:50:25 PM Page 1 of 1

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # Parks & Recreation-2024-02

AGENDA ITEM: ADOPT A RESOLUTION APPROVING AN MOU WITH THE CITY

OF SAN JUAN BAUTISTA FOR THE USE OF ABBE PARK FIELD

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Tina Garza, Interim Parks & Recreation Director STAFF CONTACT: Tina Garza, Interim Parks & Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving a Memorandum of Understanding (MOU) between the City of Hollister and the City of San Juan Bautista for the use of Abbe Park Ball field located at 40 Polk Street in San Juan Bautista.

DISCUSSION: The Parks and Recreation Department is beginning the eighth season of the Junior Giants baseball/softball program. This free program is offered to youth 5-14 in San Benito County. City staff collaborates with the City of San Juan Bautista to use the Abbe Park Ball Field at 40 Polk Street. This allows San Juan Bautista and Aromas residents to participate, enabling them to practice and play games locally. The City of San Juan Bautista has agreed to maintain the park for the duration of the agreement.

FISCAL IMPACT: The financial impact involves staff time to organize and implement the eight-week program.

PREVIOUS COUNCIL OR COMMISSION ACTION: On June 5, 2023, the City Council adopted Resolution 2023-16 approving the MOU with the City of San Juan Bautista to use Abbe Park Ball Field to host the annual Junior Giants baseball/softball League.

CEQA: Exempt

ATTACHMENTS:

1. Resolution

2. MOU City of SJB

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND THE CITY OF SAN JUAN

BAUTISTA FOR THE USE OF ABBE PARK BALL FIELD IN SAN JUAN

BAUTISTA

WHEREAS, the Parks and Recreation Department is beginning the eighth season of the Junior Giants baseball/softball program; and

WHEREAS, City staff collaborates with the City of San Juan Bautista to use the Abbe Park Ball Field at 40 Polk Street.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the MOU with the City of San Juan Bautista for using Abbe Park Ball Field to host the annual Junior Giants baseball/softball League.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Page | 1

CITY OF HOLLISTER
2024 MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (“Agreement”) is entered into on the 4 day of June 2024 (“Effective Date”) by and between the City of San Juan Bautista (hereinafter “City”) and the City of Hollister (hereinafter called “Licensees”), together referred to as the “Parties.”

RECITALS

A. The City owns park facilities comprised of ball fields, bleachers, stands, backstops, water systems and other appurtenances, which provide suitable areas and amenities for playing baseball, otherwise known as the Abbe Park Ball Field (40 Polk Street, San Juan Bautista).

B. Licensee is an organization which sponsors a program of Junior Giants youth softball and baseball. Residents of the City directly benefit from this recreational activity.

C. The City wishes to make certain facilities available for the use of Licensees for youth softball and baseball purposes.

AGREEMENT

1. Grant of License
City hereby grants to Licensee a non-exclusive license to use the Park during the term of this license for Licensee’s Purposes, which shall include practice, workouts and organized games, provisions for spectators, and other uses clearly and directly incidental to the foregoing.

2. Scope of License

2.1 During the term of the license, Licensee shall have use of the Park during the days and times scheduled by the City (“Licensees’ Schedule”) in Exhibit A attached hereto. The Licensees’ Schedule shall be reviewed by the City and the Licensee and amended as necessary.

2.2 In the event the City should need any of the Park to perform maintenance or repairs, Licensees agrees to cancel the day or days in conflict. City shall strive to provide Licensee with as much advance notice as possible.

2.3 The Licensees agree that the City may close the Park in the event of inclement weather or unsafe conditions.

3. Term of License
This license is granted from June 10, 2024, through July 27, 2024. The City and the Licensees may agree in writing to extend the license term as necessary to accommodate the Licensees' needs.

4. Maintenance

4.1 Licensees shall clean the Park restrooms during the scheduled event. Licensees shall unlock the restroom facility before each scheduled event and lock it afterward. Licensees shall pick up any trash left in the restrooms after each scheduled event and report any damage or unsanitary conditions to the City.

Page | 2

4.2 Licensees shall maintain the Park infield area during the course of its use as necessary to provide its users with a safe and playable surface. This includes, but is not limited to, dragging, raking or otherwise preparing the infield surface for play, watering down for safe play and dust control.

4.3 The licensee must inspect the Park daily for damage and unsafe conditions during their scheduled use. Any unsafe conditions or equipment must be reported to the City immediately. If any condition poses an immediate danger to the licensee, City, or the public, the licensee must stop using the facility until the issue is resolved.

4.4 The Licensee shall not be responsible for damage outside of the scheduled use or by those not involved with the Junior Giants youth softball and baseball program.

4.5 City shall maintain park areas not used by Licensee under this Agreement.

5. No Fees
Licensees shall not pay any fees but agree to maintain the field as provided in Section 4.

6. End of Term Inspection
Upon execution of this Agreement and again at the end of the license term, the Licensee shall contact City, and the Licensee and City shall conduct a joint inspection of the field to determine the condition of the field, bleachers stand, backstops, fences, and restroom facility.

7. Repairs

7.1 Upon expiration or termination of the license before its natural expiration, the field, bleachers, stands, backstops, fences, and restroom facility shall be as good a condition as at the beginning of the license term.

7.2 City and Licensees shall inspect the fields, and all damage, other than ordinary wear and tear, caused by Licensees and/or its officers, agents, employees, or program participants shall be repaired by City following its policies and standards at the sole cost of Licensees.

Such repairs shall include but are not limited to, all damage to the field, bleachers, backstops, fences, and restroom facilities used by Licensees during the license term. The licensee shall be invoiced for all repairs and remit payment in full within ten (10) days from the invoice date. Should the Licensees fail to remit payment, the City may proceed with legal action and enforce the provisions of this Agreement. The prevailing party shall be entitled to recover its reasonable costs and attorney fees.

8. Indemnity and Insurance

8.1 Licensees and the City agree to defend, indemnify, and hold harmless its elected officials, officers, agents, volunteers, and employees from any liability for property damage or personal injury, including death, arising from the use of Abbey Field and its facilities or in connection with this Agreement. This indemnity will remain in effect after the Agreement ends or is terminated early.

8.2 Before or upon execution of this License Agreement, the Licensee shall provide the City with a Certificate of Insurance evidencing general liability insurance of not less than One

Page | 3

Million Dollars ($1,000,000) aggregate. The city shall be named as an additional insured in an endorsement providing the City with not less than thirty (30) days prior written notice of policy cancellation.

9. Administration
The City Manager is hereby appointed to administer this Agreement and the license granted hereunder on behalf of the City. He is authorized to act on behalf of the City wherever and whenever this Agreement calls for action by the City.

10. Notices
Any written notices which either party may desire to give to the other party under this Agreement may be given either by (i) personal service, (ii) delivery by a reputable document delivery service that provides a receipt showing date and time of delivery such as, but not limited to, Federal Express, or (iii) United States Mail, sent certified mail, postage prepaid, return receipt requested, to the address of the Party as set forth below or to any other address as that part may later designate by written notice:

To City: City of San Juan Bautista
311 Second Street/P.O. Box 1420
San Juan Bautista, CA 95045
Attn: City Manager
(831) 623-4661, ext. 14

To Licensees:

City of Hollister
300 West Street
Hollister, CA 95023
Attn: Tina Garza, Interim Parks and Recreation Director

11. Assignment
Neither party shall assign its performance or rights under this Agreement without prior written consent of the other Party.

12. Cooperation
Licensee shall cooperate with City and other field users at all times. If the Licensee fails to cooperate with City staff or other field users, the City may, after written notice and a hearing (if requested) before the City Manager suspend or conditionally suspend the Licensee’s license to use the fields.

13. Amendment
This agreement may be amended or modified only by a written agreement signed by both Parties.

14. No Third-Party Beneficiaries
Nothing in this Agreement is intended to or shall be deemed to confer upon any person other than the Parties any rights or remedies hereunder.

Page | 4

WHEREFORE, the parties hereto have executed this Agreement on the Effective Date first above written above.

CITY OF SAN JUAN BAUTISTA

By: _____________________ Date: _____________________
Name: Don Reynolds
Title: City Manager

CITY OF HOLLISTER

By: _____________________ Date: _____________________
Name: Mia Casey
Title: Mayor

CITY OF HOLLISTER

By: _____________________ Date: _____________________

Name: __________________
Title: City Attorney

Page | 5

EXHIBIT A

SCHEDULE

June 10, 2024, through July 26, 2024, Monday through Friday. 5:00 p.m. until 8:00 p.m.

Saturday’s beginning June 22, 2024, through July 27, 2024, 8:00 a.m. until 3:00 p.m.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # Police-2024-03

AGENDA ITEM: ADOPT A RESOLUTION APPROVING THE RENEWAL OF THE

SAFE PROGRAM MOU

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Carlos Reynoso, Police Chief

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to sign the proposed Support, Awareness, Follow-Up, and Engagement (S.A.F.E.) Program Memorandum of Understanding (MOU) for continued partnership between the Hollister Police Department and San Benito County Behavioral Health Department.

DISCUSSION: This agreement would continue the services already provided through the existing partnership between the Hollister Police Department and the San Benito County Behavioral Health Department. The Behavioral Health Crisis Response Team, referred to also as the Support, Awareness, Follow-Up, and Engagement (S.A.F.E.) Program is a team of Behavioral Health staff members and a police officer response team.

This program has been in place for over three years and has successfully deescalated calls for service when members of our community are experiencing a mental crisis.

When the team is working, they routinely respond to calls referred to as “5150” which are people experiencing a mental health crisis and there is a need for police interaction.

The SAFE program can provide linkage to resources and services to individuals in need of substance abuse treatment and mental health treatment and thereby prevent the need for involuntary 5150 detentions, psychiatric hospitalizations and incarcerations.

When not responding for calls for service, the team dedicate their time to for follow up care for those they have previously served, training for the SAFE team members and conducting training for law enforcement on how to best handle individuals suffering a mental health crisis.

This MOU stipulates the grant will pay for the fully funded cost of the officer who will participate as the team member. It is retroactive to July of 2023, and the amounts have been adjusted to reflect the current fully funded salary cost of an officer. The term of the proposed agreement is July 1, 2023 – June 30, 2025.

This has been a valuable program from our community and the police department would like to continue to provide the services to our community.

FISCAL IMPACT: Reimbursement of up to $218,000 a year from San Benito Behavioral Health Department in Fiscal Year 2023-24 and 2024-25.

PREVIOUS COUNCIL OR COMMISSION ACTION: This council previously approved a similar MOU in 2020.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. MOU Agreement.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING CITY MANAGER TO SIGN A MOU WITH SAN BENITO

COUNTY BEHAVIORAL HEALTH DEPARTMENT FOR CONTINUED

SAFE PROGRAM OPERATION

WHEREAS, the Hollister Police Department and San Benito Behavioral Health Department have had an agreement in place since 2020 to provide special services to our community; and

WHEREAS, the Support, Awareness, Follow-up and Engagement (S.A.F.E.) Team has consisted of a Behavioral Health staff member and a police officer working together as a team; and

WHEREAS, the SAFE team benefits our community by increasing the ability to directly respond to community members in mental health crisis, enhancing response time for those in need of mental health services, and creating a more effective continuum of care; and

WHEREAS, this agreement will renew the previous MOU and provide the services through June 30th of 2025; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the city manager to sign a MOU with San Benito County Behavioral Health Department for continued SAFE program operation.

PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 meet ing held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

MEMORANDUM OF UNDERSTANDING BETWEEN

SAN BENITO COUNTY BEHAVIORAL HEALTH DEPARTMENT
AND

CITY OF HOLLISTER POLICE DEPARTMENT

THIS AGREEMENT is entered into effective July 1, 2023 ("Effective Date") by and between the City of Hollister, California, a municipal corporation, through its Hollister Police Department , hereinafter referred to as "HPD” and County of San Benito, a political subdivision of the State of California, through its Behavioral Health Department, hereinafter referred to as "SBCBH".

WHEREAS, the purpose of this Memorandum of Understanding (MOU) is to set forth the agreement between the SBCBH and HPD for the continued implementation of the Behavioral Health Crisis Response team hereinafter referred to as “S.A.F.E. Program”.

WHEREAS, the parties recognize the benefit to the community of increasing the ability to directly respond to community members in mental health crisis; enhancing response time for those in need of mental health services and resources; and creating a broader and more effective continuum of care that results in a decrease in justice system contacts.

WHEREAS, the goal of the S.A.F.E. program is to help de-escalate situations in the community involving individuals experiencing a mental health crisis where there is a need for police interaction and also mental health crisis intervention in an effort to avoid involuntary 5150 mental health detentions .

WHEREAS, the S.A.F.E. program can provide linkages to resources and services to individuals in need of substance abuse treatment and mental health treatment and thereby prevent the need for involuntary 5150 detentions, psychiatric hospitalizations and incarcerations.

NOW , THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree as follows:

1. TERM : The term of this agreement shall begin on July 1, 2023 and end on June 30, 202 5, unless earlier terminated by one of the parties.

2. FISCAL PROVISION:

a) SBCBH County shall fund the HPD Community Liaison Officer position assigned to the S.A.F.E Program designated to work with the team and respond to potential 5150 related situations when on duty.

b) SBCBH will pay up to $218,000 (Two Hundred Eighteen Thousand) dollars each fiscal year towards the salary of one HPD Community Liaison officer. The maximum obligation of SBCBH shall not exceed $218,000 per fiscal year.

c) HPD shall invoice SBCBH on a quarterly basis and SBCBH shall pay invoice within 45 days of receipt. Invoices shall be billed as follows:

October 15th – First Quarter
January 15th - Second Quarter
April 15th - Third Quarter
June 30th - Fourth Quarter

d) Invoices shall be submitted to the following :

San Benito County Behavioral Health
Fiscal Office
1131 Community Parkway
Hollister, CA 95023

County shall make checks payable to “City of Hollister”, and mail the payment to the following address:

City of Hollister
327 Fifth Street
Hollister, CA 95023

3. HPD RESPONSIBLITIES:

a) HPD shall designate a Community Service Liaison officer to respond to potential Welfare & Institutions Code 5150 situations.
b) The officer shall be available to respond to all areas of San Benito County. c) Officer to participate in crisis training as well as training required by Hollister Police Department. HPD to participate in 5150 trainings and can participate in all relevant crisis trainings offered at SBCBH.

4. SBCBH RESPONSIBILITIES:
a) Designate three case managers and one Behavioral Health Manager to the S.A.F.E. Program.
b) S.A.F.E. Program staff shall be available to respond to all areas within the City of Hollister when requested by HPD. Responses to areas outside Hollister city limits can be requested by San Benito County Sheriff and is outside the scope of this MOU .
c) All calls will be responded to within 1 hour within the City of Hollister city limits.

5. ALTERATION, AMENDMENT : Except as specifically allowed herein, no addition to or alteration of the terms of this agreement shall be valid unless made in the form of a written amendment, which amendment has been signed by the Court Executive Officer and the County Behavioral Health Director.

6. AUDIT : This agreement is subject to examinations and audit by the State Auditor for a period of three (3) years after final payment. Each Party will reply to and comply with any audit by the other Party or an appropriate state audit agency that directly relates to this MOU. If an audit determines that the audited Party is not in compliance with this MOU, that Party will promptly take actions as directed by the auditor to correct any non-compliance. Upon request by a Party for additional back -up information regarding any Service being billed or the amount charged, the billing Party shall provide such backup within fifteen days of such request.

7. WAIVER: Any waiver by either Party of a breach of any of the terms of this MOU shall not be construed as a waiver of any succeeding breach of the same or other term of this MOU.

8. BINDING EFFECT . This MOU shall be binding upon the permitted successors and assigns of HPD and SBCBH.

9. COUNTERPARTS. This MOU may be executed in one or more counterparts, all of which together shall constitute one and the same agreement.

10. SEVERABILITY. In the event any provision of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way, and the Parties wish for this MOU to be reformed to the greatest extent possible to reflect their original intent.

11. GOVERNING LAW. This MOU shall be construed under the laws of the State of California, without regard to its conflict of law provisions.

12. LIABILITY TO THIRD PARTIES; INDEMNIFICATION: HPD and SBCBH each agree to indemnify, defend and save harmless the other party and the other party' s officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performances under this contract, including, but not limited to, claims for property damage, personal injury, death and any legal expenses (such as attorneys' fees, court costs, investigation costs and experts ' fees) incurred by the indemnitee in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action of that party's officers and employees, except that neither party shall be responsible for the willful misconduct of the other party.

13. INDEPENDENT CONTRACTOR: No employee (or other personnel) of one party (i) is an employee of the other party, or (ii) is covered by any employee benefit plans provided to an employee of the other party. Each party is liable for the acts and omissions of itself, its employees, its subcontractors and its agents. Each party will determine the method, details, and means of performing its obligations under this agreement, including, without limitation, exercising full control over the employment, direction, compensation and discharge of all persons assisting the respective party. Each party will be solely responsible for all matters relating to the payment of its employees, including compliance with social security withholding, any and all employee benefits, and all regulations governing such matters.

14. TERMINATION: Either party may terminate this agreement effective on the first day of the ensuing fiscal year, by giving written notice to the other party at least sixty (60) days prior to the end of the current fiscal year.

15. NOTICE. All notices concerning this Agreement shall be effective only if made in writing, personally delivered or deposited in the United States mail, postage prepaid and addressed as follows:

TO: HPD TO: SBCBH
Carlos, Reynoso, Chief of Police Dana Edgull, Director Hollister Police Department San Benito County Behavioral Health 395 Apollo Way 1131 San Felipe Road

Hollister, CA 95023 Hollister, CA 95023

16. ENTIRE AGREEMENT : This agreement contains the complete understanding of the parties and supersedes any and all other previous or contemporaneous agreements, whether oral or written.

SIGNATURES

APPROVED BY COUNTY: APPROVED BY CITY OF HOLLISTER:

_______________________________ ________________________________ Angela Curro, Chair David Mirrione, City Manager
San Benito County Board of Supervisors City of Hollister

Date: ___________________________ Date: ___________________________

APPROVED AS TO LEGAL FORM:

San Benito County Counsel

_______________________________
Irma Valencia, Deputy County Counsel

Date: __________________________

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 4, 2024
REPORT # Public Works-2024-25

AGENDA ITEM: ADOPT A RESOLUTION APPROVING THE BRIGGS BUILDING

AUTONOMOUS ROBOT SECURITY AGREEMENT

DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director

RECOMMENDED ACTION: Adopt a resolution approving the use of Omnia Partners Cooperative Purchasing and authorize the City Manager to sign the agreement with Knightscope Inc. for Autonomous Robot Security for the Briggs Parking Structure.

DISCUSSION: Staff have been looking for innovative solutions for security at the Briggs Parking Structure, especially since the recent construction of condominiums in proximity to the Briggs Building will be using the structure for residential parking. One of the most innovative solutions that staff discovered was the use of a robot to provide these security services.

A presentation will describe how the robot is abl e to provide security, how it can interact with the public, and the ability for the robot to interact directly with the Police Department and Dispatch.

Knightscope Inc. has been awarded a national contract through Omnia Partners (formerly known as National Cooperative Purchasing Alliance) and Hollister is a member of Omnia, allowing the City to use the competitively bid contract for this agreement. Omnia is a cooperative purchasing agency that was created to assist government entities and special districts with the procurement of vehicles, equipment, supplies, construction, etc.; similar to Sourcewell. Omnia requests bids/proposals nationwide for all products and services that are available through their agency, reviews the bids, and awards a contract to t he lowest responsible bidder. Therefore, the bidding requirement is met. The contracts that are awarded through this process are available to all members.

Using Omnia simplifies the purchase of needed services, saves staff time, and reduces the chance that purchases will need to be carried over into the next fiscal year, which could cause price increases and reduce productivity of staff.

With the above details in mind, Public Works is requesting authorization to use Omnia to purchase Autonomous Robot Security for the Briggs Parking Structure.

The agreement will be for an initial term of two (2) years and consists of twelve (12) hours of “run” time within the parking garage, seven (7) days per week (84 hours total per week), 365 days per year.

FISCAL IMPACT: Total cost of the two-year agreement and deployment fees is

$116,100 from Fund 680 (Briggs Building Enterprise Fund).

PREVIOUS COUNCIL OR COMMISSION ACTION: No previous action.

CEQA: This is not considered a project.

ATTACHMENTS:

1. Knightscope ASR Overview 20240214 MAD

2. Knightscope K5V5

3. Knightscope City of Hollister Annual KI Order Form Agreement

4. Resolution

5. Omnia Award Letter

6. Omnia Proof of Publication

7. Omnia Request for Proposals

8. Omnia Knightscope Contract

9. Omnia Knightscope Renewal Letter

Knightscope is innovating public safety utilizing robots and proactive monitoring to deter, detect and report security risks.

We help you protect the places people live, work, study and visit.

You need superhuman capabilities to fight crime
NASDAQ: KSCP

BACKGROUND
• Established in 2013 in Mountain View, California in the heart of Silicon Valley • Over 2.5 million hours of operation in the field 24/7/365 nationwide • Publicly traded on NASDAQ under ticker symbol KSCP
• Industry leader in Autonomous Security Robots (ASR)

TOP USE CASES
• Disrupt criminal behavior
• Deter vagrancy, trespassing &
unauthorized visitors
• Secure parking lots & structures
• Enhance employee and public
experience & safety
• Mitigate workplace violence
• Patrol hard to reach and previously
neglected spaces
• Reduce security spend

PHYSICAL

DETERRENCE
• Deter drug related activity, vehicle
break-ins, vagrancy, homeless
encampments, loitering, vandalism,
theft and assault
• A persistent physical presence
• Large security robot with clear
security markings that patrols 24/7
using automated broadcast
announcements, patrol sounds and
bright strobe lights
• Proven deterrent for negative
behavior

• 360º Eye-level Ultra HD 4k Recording
• 30 Days Video Storage
• 16 Microphones w/ Amplified Speaker
• Intercom Button
• 4 Strobe Lights
• 4G LTE Cellular Communication
• Requires 120v AC Outlet with a lockable cover
or can be hardwired
• Patrols on ADA Compliant, 7’ wide paths
• Vehicle and parking inclines/declines:

Up to 20% slope “grade”
Autonomous Recharging
• Patrol time: 2.5 to 3 hours
• Autonomous charging: 20 to 30 minutes

AUTONOMOUS SECURITY ROBOTS
K5v5* Outdoor / IndoorK5v3.9 Outdoor / Indoor K5v5 SPECIFICATIONS Autonomous Self Charging
*Released in Q4 2023
User Interface

K1H SPECIFICATIONS
Features
• 210º Eye-level Ultra HD 4k Recording
• 30 Days Video Storage
• 1 Microphone
• 2 Speakers
• Intercom Button
• 1 Strobe Light
• 4G LTE Cellular Communication, Ethernet, or WiFi
• Mounting: Concrete, brick, stucco, wood, metal plate, pole, or sheetrock
• Requires 120v AC Outlet with a lockable cover or hardwired

Data generated by Knightscope ASRs is accessible through the Knightscope Security Operations Center (KSOC), a highly intuitive, browser-based user interface. Clients can recall, review, and save data for forensic or documenting purposes.

KSOC USER INTERFACE

ADVANCED CAPABILITIES
Standard Features – K5v5 & K1H
• People Detection
• Automatic License Plate Recognition
• Automated Broadcast Messaging
• Preprogrammed, Multi-language
• Text to Speech on Demand
• Call Button for Human Assistance
• Live Audio and Two-way Intercom
K5v5 Only
• Thermal Detection
• Signal Detection
K1H Only
• Facial Recognition (no cost option)

SAMPLE

DEPLOYMENT

STANDARD AND

PREMIUM

BRANDING
• Enhance your brand image by
deploying the latest in security
technology to keep people, their
belongings, and your property
safe.

WHAT OUR CLIENTS PAY FOR - RESULTS

AFTERBEFORE
Los Angeles County Police Department
26 Reports of Crime (46% reduction)48 Reports of Crime
38 Citations (68% reduction)120 Citations
Downtown San Francisco Parking Structure
2 Crimes in 12 Months (99% reduction)Averaged 20 Crimes per Month Major Hospital Network
Zero Crimes in the First Year (100% reduction)Average 2 Crimes per Week in Parking Lots Santa Clara Towers, Class A Commercial Property
Reduced 90%Averaged 10 Vehicle Break-ins/Vandalism per Month Aloft Hotel
Zero Incidents (100% reduction)Frequent Vandalism form Nearby Homeless Encampment
Your Property
Significant ReductionCurrent Issues

WE’VE GOT YOU COVERED.
2 4 | 7 | 3 6 5
Mark A. Dallesandro
Dir. Client Development
(301) 254. 7260 mobile
[email protected]
Knightscope, Inc.
1070 Terra Bella Avenue
Mountain View, CA 94043
www.knightscope.com

Securing the places people live, work, study and visit.

Corporate Campuses
Shopping Malls
Hospitals
Casinos
Retailers
Parking Lots and Structures
Apartment Complexes
Warehouses
Logistics Facilities
College Campuses
Airports, Bus &
Train Stations
Force multiplying mobile physical deterrence
Workplace violence protection
Person of Interest or BOLO Alerts
Crime reduction and/or elimination
Real-time situational awareness
Actionable intelligence
Cost effective Subscription Service

UNIQUE BENEFITS
360° Eye-level Ultra HD Recording
Security Call Button
Live Audio and Two-way Intercom
Broadcast Messages
People Detection
Automatic License Plate Recognition
Thermal Detection
Signal Detection

KEY FEATURES
Don’t have your own monitoring? Ask about Knightscope+

OUTDOOR / INDOOR USE
K5

See the K5 in action at:
https://www.youtube.com/watch?v=DfNUex1SFS8
Chrome browser interface;
no software to install
Live streaming to PC, Mac,
tablet, cell phone
30-days raw video storage included
Operating systems: MacOS, iOS, Android,
Windows, Linux

USER INTERFACE
ADA compliant surfaces
Able to patrol around speed bumps
Can navigate on ADA compliant ramps
Parking garage ramp inclines/declines: Up to 20%
slope “grade”
Operating temperature: 0° - 115° outside ambient
temperature
Patrol time: 2.5 – 3 hours between charges on
average
Autonomous charging: 20-30 minutes on average

NAVIGATION
He
i
g
h
t
:

6 4
.
6 ”

Width: 34.9”Length:
4 4
.
6 ”
(4) HD cameras w/ wide angle lenses
(1) Infrared thermal camera
(4) Microphones
(1) Amplified P.A. speaker/horn
(4) Strobe lights
Navigation
(6) Lidar sensors
(13) Sonar sensors
Cellular Connectivity
4G LTE Cellular connection
Intercom Button
Directed to client-specified phone
number
Docking Station
Electrical: 120v 20A outlet.

Mounting: The docking station can
be installed outdoors and secured to
a wall or the ground.

Speed: Up to 3 mph. Weight: 420 lbs.

OUTDOOR / INDOOR USEK5
5’ or wider

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE

MACHINE-AS-A-SERVICE (MAAS) ORDER FORM
Preparation Date: 02 / 15 / 2024 Valid through: 02/29/24 Estimated Delivery Date:Estimated 180 days from the date of execution of this Order Form

CLIENT INFORMATION
Client Name: City of Hollister
Client Address: 375 Fifth St., Hollister, CA 95023
Client Contact: William Via, Public Works Director, [email protected], 831.636.4370 Deployment Site Address: 365 Fourth St., Hollister, CA 95023 Deployment Site Contact: William Via, Public Works Director, [email protected], 831.636.4370 Billing Contact: David Mirrione, City Manager, [email protected], 831.636.4300

KEY TERMS
Initial Subscription Term Two (2) year ("Initial Term") from machine delivery date to the deployment site ("Subscription Start Date").

Initial and Standard Renewal
Terms
The Initial Term is non-cancellable. This Order Form and the MaaS Subscription Agreement shall be effective as of the date of execution by both parties and cannot be cancelled or terminated, except as pursuant to the MaaS Agreement. Should Client terminate the MaaS Subscription Agreement prior to the expiration of the Subscription Term, all fees due under this Order shall be due and payable. At the expiration of the initial two-year (2) term, the Subscription term will automatically renew for successive additional one-year (1) periods (“Renewal Term”).

Payment Terms Annual upfront billing.

Deployment Fee The Deployment Fee is non-refundable.

ASR ANNUAL SUBSCRIPTION PRICING

LIST PRICE PART-TIME SHIFT QTY SUBTOTAL Part-time K5 Indoor/Outdoor ASR - Per
84 hours per week*
$42,000 1 1 $42,000
Part Time Subtotal Subscription $42,000

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE

ASR ANNUAL SUBSCRIPTION PRICING

LIST PRICE QTY SUBTOTAL K5 Indoor/Outdoor ASR $69,600 0 $0
K1 Hemisphere Stationary ASR $6,540 0 $0
KNIGHTSCOPE+ ACTIVE REMOTE MONITORING
Knightscope+ 24/7 - 1 ASR $24,000 0 $0
Knightscope+ 24/7 - Additional ASRs $12,000 0 $0
Knightscope+ After-Hours and Weekends - 1 ASR $14,400 0 $0 Knightscope+ After-Hours and Weekends -
Additional ASRs
$7,200 0 $0

OPTIONS
4G LTE - K5 ASR $7,800 1 $7,800
4G LTE - K1 Hemisphere $5,400 0 $0
Private LTE Service $0 0 $0
Autonomous Charging Docking Station $4,800 1 $4,800
Additional KSOC Licenses - Unlimited $4,800 0 $0
Fee for Complex and/or Large Deployments $4,800 0 $0
Premium Branding, Color and Decals $3,900 0 $0
Annual Subtotal Subscription $12,600
Annual Subscription $54,600

DEPLOYMENT FEES

LIST PRICE QTY SUBTOTAL K5 ASR Deployment Fee $4,950 1 $4,950
K1 Hemisphere ASR Deployment Fee $950 0 $0
K5 ASR Shipping Fee $1,950 1 $1,950
K1 Hemisphere ASR Shipping Fee $250 0 $0
Private LTE Deployment Fee $1,950 0 $0
One-Time Deployment Fee (Invoiced Upon Site Survey Approval)$6,900

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE
Total Initial Two-Year Term (Annual Subscription + One-Time Deployment Fees) $116,100

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE
NOTES

1. The Renewal rate will be: $56,238 /per year.

AGREEMENT
This Machine-as-a-Service (MaaS) Order Form incorporates, and all equipment and services are provided exclusively subject to, the terms and conditions of Knightscope’s Machine-as-a-Service Subscription Agreement, attached hereto. By executing this Order Form, Client agrees to the terms of such Machine-as-a-Service Subscription Agreement.

AGREED BY: City of Hollister
Signature: ________________________________
Printed Name: _____________________________
Title: ______________________________________
Date:______________________________________
AGREED BY: KNIGHTSCOPE, INC.

Signature: ________________________________

Printed Name: _____________________________

Title: ______________________________________

Date:______________________________________
Machine-as-a-ServiceSubscription Agreement – Standard Short Form – TPBA - rev. 16March2023

1. Delivery and Grant of Rights. The subscription Term as defined on the Order Form commences upon delivery of the Equipment to the deployment site. Client shall have a non-exclusive, nontransferable, right during the Term to use the Equipment and Interface for Client’s internal business purposes only. Client shall not, and shall not permit any third party to modify, reverse engineer, sublicense, add or obscure any logos on, or grant any rights in the Equipment or Interface. The Equipment is loaned, and the Interface is licensed to Client, and neither the Equipment nor the Interface are sold. The Equipment and Interface are and shall at all times remain the exclusive property of Knightscope, even if installed or attached to real property by Client. Client shall keep the Equipment free and clear of any liens or other encumbrances. Client will comply with all applicable laws; use and keep the Equipment in a careful and proper manner and will comply with all Knightscope instructions regarding the use, maintenance, and storage thereof.

2. Termination: By either Party: This Agreement may only be terminated by a Party (a) upon providing sixty (60) days’ advance written notice describing a breach by the other Party of any material term or condition of this Agreement and the other Party failing to fully cure such breach within such sixty (60) days’ period; or (b) immediately upon written notice if the other Party becomes insolvent or unable to pay its debts as they mature in the ordinary course of business or makes an assignment for the benefit of its creditors, or proceedings (whether voluntary or involuntary) are commenced against the other Party under any bankruptcy, insolvency or debtor ’s relief law and such proceedings are not vacated or set aside within sixty (60) days from the date of commencement thereof. By Knightscope: This Agreement may be terminated by Knightscope in its sole discretion within thirty (30) days after completion of the site survey if such survey determines that Client’s site is not suitable for Knightscope Services, or after receipt of Client’s requirements for the site that cannot be met by Knightscope. In the event this Agreement is terminated by Knightscope for Client’s breach, or by Client without cause, Client shall remain liable for all payments that would have been due during the then-current Term under this Agreement had it not been terminated. By Client:

In the event this Agreement is terminated by Client (a) for Knightscope’s breach, Knightscope shall refund to Client a pro-rated portion of any Subscription Fee prepaid by Client to Knightscope for the remainder of the Term; (b) without cause, Client shall remain liable for all payments that would have been due during the then-current Term under this Agreement had it not been terminated. Upon any termination of the Agreement all rights and licenses granted by Knightscope to Client shall immediately terminate and Client shall immediately stop using all Services.

3. Payment: Subject to satisfactory credit review, monthly billing will be administered by Knightscope or its TPBA and payments shall be made as per the separate installment billing schedule. Otherwise, payments shall be required annually in advance and due on delivery of the Equipment. Subscription Fee invoices will be due net 30 from date of invoice. In the event any payment hereunder is more than ten (10) days late, Knightscope may impose and collect interest of 1.50% per month, compounded monthly (18% per annum) or the highest amount allowed under law, whichever is less.Undisputed invoices

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE
exceeding 60 days past due may result in the suspension of service. Utilization by Client in excess of the allotted data plan (100 GB per month) will be billed directly to Client as incurred at a minimum rate of $10 per GB.

4. Interface Hosting And Support: Knightscope will host the Interface and provide Client with information sufficient to allow Client to access the Interface through a Web browser and/or mobile application. Client will provide at its own expense, all necessary telephone lines, Internet connections, equipment, software (including a compatible Web browser), and services for Client to effectively access the Interface.

5. Equipment: Client shall keep the Equipment in good condition and working order (ordinary wear and tear excepted), except for the maintenance and repair that is Knightscope’s responsibility. Knightscope will, at its sole expense, provide ongoing maintenance for the Equipment during the Term except with respect to loss or damage to the Equipment caused by Client’s negligence. In the case of Equipment Damage, Knightscope will, at its sole expense, repair Equipment to a fully functional state to meet the conditions set forth herein. If the Parties are unable to reach a mutually agreeable resolution to minimize Equipment Damage, Knightscope may terminate the Agreement. Cosmetic repairs, including, but not limited to, chips, scratches, paint and graphics will only be made upon recovery of financial losses from the responsible party unless otherwise stipulated in the Order Form. If immediate cosmetic repairs are required by Client, Knightscope will submit a cosmetic repair quote to Client for review and approval prior to beginning any repairs.

6. Return Of Equipment: Replacement Cost: Upon termination, Client shall surrender the Equipment to Knightscope in good condition and working order, ordinary wear and tear excepted, substantially as it was at the commencement of the Agreement.

If the Equipment is lost or damaged beyond repair due to Client’s negligence or intentional misconduct, then: In additionto the Subscription Fee, Client shall immediately pay a lump sum to Knightscope equal to two (2) years of Subscription Fees; and Knightscope shall replace the Equipment and the obligations of the Parties under this Agreement shall continue in full force and effect through the remainder of the Term. For the avoidance of doubt, Client is only responsible for such replacement costs if the loss or damage results from Client’s negligence or intentional misconduct.

7. Warranty Disclaimer: Knightscope makes no warranties, express, implied, statutory or otherwise, and specifically disclaims, on its own behalf on and behalf of its suppliers and licensors, any implied warranties of merchantability and fitness for a particular purpose. Knightscope does not warrant that the Services will meet Client’s requirements or that the use thereof will be uninterrupted or error free.

8. Limitation Of Liability: In no event shall either Party be liable hereunder to the other Party for indirect, incidental, special or other consequential damages, including without limitation damages for loss of profits or use or loss of data incurred by the other Party or any third party, arising out of or related to this agreement, whether in an action in contract, tort, or otherwise, even if the other Party has been advised of the possibility of such damages. In no event shall either Party’s aggregate liability arising out of or related to thisAgreement, regardless of whether any action is based on contract, tort or otherwise, exceed the aggregate amounts paid or payable by either Party hereunder. The parties agree that the foregoing limitations represent a reasonable allocation of risk under this agreement. Notwithstanding the foregoing, the limitations of damages provided for in this Section shall not apply with respect to the Parties’ obligations under Sections 1, 5, 6, and 9-11.

9. Confidentiality: As Knightscope continuously upgrades its technology, the parties may exchange information which will be deemed confidential if disclosed in any form or manner, marked or reasonably considered confidential, including information on their research, activities, products, software, services, data, techniques, strategies, personnel information, processes, etc.

10. Data: (a) Content Data: Client shall solely own all rights, title and interest in or to the Content Data. Knightscope may use the Content Data solely to provide the Services to Client and to debug, improve and enhance the Services or to assist the Client in forensics analysis if requested to do so by the Client. (b) Machine Data: Knightscope shall solely own all rights, title and interest in or to all Machine Data. No such Machine Data will be accessible or provided to Client.

11. Mutual Indemnification: Each Party shall defend, indemnify and hold the other Party and its officers, directors, employees, and agents, harmless from any loss, damages, fines, penalties and costs (including, but not limited to, attorneys fees) arising out of any third-party claims, actions or suits to the extent arising out of or resulting from: personal injury and property damage directly caused by the indemnifying Party or its personnel; gross negligence or willful misconduct of the indemnifying Party or its personnel; failure of the indemnifying Party to comply with any applicable law or regulation.

12. Third Party Beneficiary: Notwithstanding anything to the contrary contained herein, the TPBA shall be a third party beneficiary to this Agreement and shall have the right to enforce such Agreement directly to the extent it deems such enforcement necessary or advisable to protect its rights hereunder.

13. Assignment:Neither this Agreement nor any rights hereunder may be assigned by either Party to a third party, except with the other Party’s prior, written consent.

Proposal ID: LGS8Z-Q5GJV-ZRXY9-6WFUE

14. Force Majeure: In no event shall either party be responsible for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, a Force Majeure event.

15. Entire Agreement: This Agreement, together with the Order Form constitutes the entire agreement between the Parties.

Definitions.
• Client: the entity executing the MaaS Order Form referencing this Agreement. • Content Data: the audio, video, and other incident reporting data captured by the Equipment during deployment at the Client’s premises.
• Equipment: Knightscope proprietary autonomous security robots (ASR) specified in the Order Form. • Equipment Damage: third-party damage or vandalism that results in the Equipment being less than fully functional. • Force Majeure: forces beyond a party’s reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, malfunction of or lack of access to utilities or communications networks not directly under its control. • Interface: a fully functional, browser-based user interface hosted by Knightscope included with every subscription that allows Clients to stay connected to their ASR fleet via the Knightscope Security Operations Center (KSOC). • Interface Terms of Service (TOS): terms and conditions available here: www.knightscope.com/terms/ • MachineData: all data, other than Content Data, collected or generated by the Equipment and Interface. • Monthly Billing Agreement: the agreement between Client and the TPBA. • Order Form: the ordering document executed by the Parties setting forth the Equipment, number of seats for access to the Interface and Subscription Fee.
• Services: the provision of Equipment and the Interface collectively. • Subscription Fee: the amount Client will either pre-pay for the Initial Term and each Renewal Term as defined on the Order Form with payment due thirty days after the invoice date, or alternatively, finance monthly through the TPBA as set forth in the Order Form. Monthly billing is administered by the TPBA and is subject to a satisfactory credit review and an additional agreement to be signed directly with the TPBA.
• TPBA: Knightscope’s third-party billing administrator that enables Client to pay for Equipment and Services monthly instead of annually in advance.

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT WITH KNIGHTSCOPE INC. TO PROVIDE

AUTONOMOUS ROBOT SECURITY FOR BRIGGS PARKING STRUCTURE AND

AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT

WHEREAS, the City of Hollister Public Works Department oversees the security for the Briggs Building Parking Garage; and

WHEREAS, a recent agreement was approved to allow residential parkin g within the garage for a newly developed residential building in proximity to the Briggs Building; and

WHEREAS, staff has been researching innovative solutions for security within the parking structure; and

WHEREAS, Knightscope Inc. builds and programs autonomous robots that provide security services; and

WHEREAS, an autonomous robot would allow for continuous security for twelve (12) hours every night at a cost comparable to the current three nightly visits by security personnel; and

WHEREAS, the City of Hollister desires to provide a safe and secure parking garage to all residents; and

WHEREAS, Knightscope was awarded a contract to provide autonomous robot security by Omnia Partners, formerly National Cooperative Purchasing Alliance, who advertised nationally for Autonomous Security Systems; and

WHEREAS, the City of Hollister is a member of Omnia Partners; and

WHEREAS, Omnia Partners has met all of the requirements for competitive bids; and

WHEREAS, Public Works desires to enter into a Machine as a Service Agreement with Knightscope Inc. using the Omnia Partners competitively bid and awarded contract.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister that the City Manager is hereby authorized and directed, fo r and on behalf of the City of Hollister and as its act and deed, to execute a Machine as a Service Agreement , and any future amendments to the agreement, with Knightscope Inc. to provide Autonomous Robot Security at the Briggs Building Parking Garage.

Resolution No. 2024-XX

PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 4, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on June 4, 2024 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 on June 4, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Region XIV Education Service Center
Wednesday, July l5t, 2020
Knightscope, Inc.

ATTN: Stacy Stephens
1070 Terra Bella Ave
Mountain View, CA 94043
Dear Stacy:
1850 Highway 351
Abi lene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Knightscope, Inc. has been awarded an annual contract for Autonomous Security Systems and Services based on the proposal submitted to Region XIV ESC.

The contract is effective immediately and will expire on July 3l5t, 2023. The contract can then be renewed annually for an additional two years, if mutually agreed on by Region XIV ESC and Knightscope, Inc.

We look forward to a long and successful partnership underneath this contract.

If you have any questions or concerns, feel free to contact me at 325-675-8600.

Sincerely,
~
Shane Fields
Region XIV, Executive Director

SPORTS U SA TODAY ❚THURSDAY, MAY 21, 2020 ❚5C
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PUBLIC NOTICE SOUTHWEST FOODSERVICE EXCELLENCE (SFE),

ON BEHALF OF CONTRACTED DISTRICTS,

IS SOLICITING REQUESTS FOR PROPOSALS FOR
LOCAL FULL SERVICE DELIVERY, SFE 03-20-12 (MILK),
SFE 04-20-12 (FRESH BREAD), SFE 05-20-12 (ICE CREAM/
NOVELTIES/FROZEN BEVERAGES).

CONTRACTED DISTRICTS IN ARIZONA, GEORGIA,

MICHIGAN, MINNESOTA, MISSOURI, NEW MEXICO,

OKLAHOMA, PENNSYLVANIA, SOUTH CAROLINA,

TENNESSEE, TEXAS, AND WISCONSIN ARE INCLUDED

IN THIS RFP WITH CONTRACT TERM
JULY 1, 2020 THROUGH JUNE 30, 2021.

SEALED PROPOSALS WILL BE OPENED AT
3:00 PM CDT JUNE 9, 2020.

RFP INFORMATION, INCLUDING BUT NOT LIMITED TO,

TERMS AND CONDITIONS, DETAILED SPECIFICATIONS,

TECHNICAL REQUIREMENTS, EVALUATION METHOD/

CRITERIA, AWARD PROCESS, METHOD OF PAYMENT,

AND CONTRACTED DISTRICTS MAY BE OBTAINED AT
[email protected] OR 806-701-4985.

SFE RESERVES THE RIGHT TO ACCEPT OR REJECT ANY
AND/OR ALL PROPOSALS.

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Notice to Bidders
Region 14 ESC (the “Lead Agency”), on behalf of
National Cooperative Purchasing Alliance (NCPA) and public agencies in all 50 states, that elect to access the Master Agreement is soliciting proposals to enter into Master Agreements for:
• Autonomous Security Systems and Services #10-20
• Facilities, Janitorial, Groundskeeping, Management Related Products and Services #02-20
• General, Recyclable, and Food Waste Collection,
Compaction, Containment and Onsite Processing Systems
and Components #11-20
• Job Order Contracting in Virginia #03-20
• Landscaping Equipment, Installation, Services & Related Products #08-20
• Laundry, and Ware Wash Chemicals, and Related Products, and Services #06-20
• Photography and Yearbook Services #01-20
• Reconditioned Janitorial Equipment, and Janitorial Equipment Parts #07-20
• Risk/Insurance Management Services #05-20
• Software Products, Services and Training #04-20
• Source to Pay E-commerce Solutions for Public Sector
Organizations #13-20
• Sports Lighting Products, Controls & Services #14-20
• Staffing Services and Related Solutions #12-20
Due Tuesday, June 16, 2020 at 2:00 pm CST
Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com.

To request a copy of specifications, please visit
NCPA’s website www.ncpa.us .

PUBLIC NOTICE OF BID
The Education Service Center, Region 2 is soliciting
bids for Texas Migrant Education Program 3rdYear
Re-interview Process through our e-procurement software.

Vendors must first register online and then obtain
the digital version of this RFP via their account at
https://goodbuy.esc2.net and then following the
instructions for submitting your response electronically.

All bids will be opened
Monday, June 8, 2020 at 10:00 a.m. CT via Zoom
(Join Zoom Meeting https://zoom.us/j/95689858834)
at ESC2, 209 NWater St., Corpus Christi,TX.

We reserve the right to accept or reject any or all bids and to award each bid in the best interest of all
participating members.

PUBLIC NOTICE
PHOENIX – Stop it.

Enough already.

We want to watch Yankees ace Gerrit
Cole face Red Sox slugger J.D. Martinez
at Yankee Stadium, not MLB Commis-
sioner Rob Manfred and players’ union
chief Tony Clark arguing behind closed
doors.

We’d rather listen to the banging of
trash cans at Minute Maid Park in Hous-
ton than the eerie silence of major
league ballparks across America.

There are 36 million Americans who
filed for unemployment the past two
months during the coronavirus pan-
demic.

Do you think they really care who is
right or who is wrong as owners and
players debate the economics of playing
baseball without fans?
The last thing anyone can stomach is
listening to billionaires and millionaires
arguing over money before they can
start the 2020 baseball season.

If the season was unable to start be-
cause of COVID-19, with too many play-
ers and employees fearful of their safe-
ty, it’d be perfectly understandable.

If the season couldn’t start because
governmental and health officials re-
fused to open their municipalities,
that’s their prerogative.

But when MLB and the union are ac-
tively discussing an exhaustive safety
and health plan that might be restrictive
but perhaps necessary with states re-
opening and governors are welcoming
professional sports back, baseball can-
not be shut down simply because of in-
fighting over money.

If there is no Major League Baseball
played this year because the owners and
players can’t agree on salaries, it would
make the cancellation of the 1994 World
Series feel like a doubleheader rainout
in June.

It would destroy the sport.

Look, everyone in the game is going
to lose money this year.

Teams are projecting losses between
$84 million to $312 million.

Players will lose nearly half of their
income, with their up-front payments –
paying players with guaranteed con-
tracts $4,750 a day – ending May 24.

Team employees, from club presi-
dents to their amateur scouts, are hav-
ing their salaries slashed, with others
being furloughed until the winter and
many fearing they’ll be terminated
when their contacts expire in October.

It is ugly. It is terrifying. It is heart-
breaking.

So please, now is not the time to try
to win a public relations battle with
the fans, leaking internal documents to
the news media or waging a war of
words to legal teams.

No one wants to hear it.

Not now.

The owners want to start the season
by the first week of July, playing at least
82 regular-season games, but insist it’s
economically impossible to play with-
out fans unless the players agree to fur-
ther salary reductions.

The players want to play tomorrow, if
they could, with at least a 100-game
season, but have difficulty believing the
owners will lose $4 billion this season if
their salaries remain the same. They
simply can’t buy the notion that teams
will lose more money by playing than
having no season, even without fans.

Yet with hopes of teams gathering for
spring training by June 15 and playing
games by July 4, the two sides still have
not had a single exchange of a proposed
economic plan.

MLB owners agreed to present a 50-
50 revenue-sharing plan 10 days ago,
but once Clark and agent Scott Boras
publicly decried the proposal, saying it
would be immediately rejected, the
union hasn’t received a proposal.

The union might still scoff at any idea
of a revenue-sharing plan but will tell
you they are open to listening to any
proposal MLB wants to offer.

MLB will tell you that if the union
flatly refuses any revenue-sharing plan,
then the union should propose an eco-
nomic plan.

It’s possible this will come to an end
this week. Let’s hope.

Manfred and MLB attorneys plan to
present an economic plan to the union
by Friday, two people with direct knowl-
edge of the negotiations told USA
TODAY Sports, perhaps outlining with
greater detail their projected losses in
2020. The officials spoke on the condi-
tion of anonymity because they were
unauthorized to publicly discuss the ne-
gotiations.

The union is eagerly awaiting the
proposal and then can spend the Me-
morial Day weekend poring over it, for-
mulating a counterproposal.

The players want the owners to at
least prove their economic duress,
which they formally requested a week
ago. If the owners demonstrate their
projected financial losses, the players
might be amenable to softening their
stance on restructuring salaries, which
already is costing them about $2 billion.

Perhaps there can be a compromise if
the two sides can agree to defer a por-
tion of the salaries this season only to
provide economic relief.

Maybe the players will be willing to
assume part of the risk if a second wave
of the coronavirus prematurely ends the
season, wiping out about $1 billion in
anticipated postseason revenue with
the expanded playoffs.

Maybe it’s as simple as the owners
guaranteeing more regular-season
games to the players, or even giving the
union a cut of the postseason money.

There is no drop-dead deadline for
negotiations, the two sides say, but the
longer it drags out, fewer games will be
played, and more money will be lost.

They each are hoping an agreement
can be reached by June 3. The players
report to spring training on June 10. The
regular season starts July 1. And the en-
tire postseason is completed by Hallow-
een.

It’s still unfathomable, no matter
how much the rhetoric is put on public
display, to believe that baseball won’t be
played this summer.

It will happen.

Really, there is no choice.

But the clock is ticking.

It’s time for baseball to save itself be-
fore it’s too late.

MLB, players must play ball, make deal
Bob Nightengale
Columnist

USA TODAY
MLB is hoping for a 2020 season that could see sights such as the Braves and Freddie Freeman celebrating a run.

ADAM HAGY/USA TODAY SPORTS

SPORTS U SA TODAY ❚THURSDAY, MAY 28, 2020 ❚5C
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NOTICES

INVESTMENTS

BUSINESS CAPITAL
Venture
Capital
Available
Seeking viable projects
for investment
$10 Million
and above.

Call 212-634-4246

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INVESTORSNEEDED
InternalMedicineOfficecompleted
ClinicalTrialof CompoundedPharmacy
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NEW CLASS OF GRADED ASSETS
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Outperforming S&P 500 10 years
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Turn-key Opp. Call 800-896-4650
Notice to Bidders
Region 14 ESC (the “Lead Agency”), on behalf of
National Cooperative Purchasing Alliance (NCPA) and public agencies in all 50 states, that elect to access the Master Agreement is soliciting proposals to enter into Master Agreements for:
• Autonomous Security Systems and Services #10-20
• Facilities, Janitorial, Groundskeeping, Management Related Products and Services #02-20
• General, Recyclable, and Food Waste Collection,
Compaction, Containment and Onsite Processing Systems
and Components #11-20
• Job Order Contracting in Virginia #03-20
• Landscaping Equipment, Installation, Services & Related Products #08-20
• Laundry, and Ware Wash Chemicals, and Related Products, and Services #06-20
• Photography and Yearbook Services #01-20
• Reconditioned Janitorial Equipment, and Janitorial Equipment Parts #07-20
• Risk/Insurance Management Services #05-20
• Software Products, Services and Training #04-20
• Source to Pay E-commerce Solutions for Public Sector
Organizations #13-20
• Sports Lighting Products, Controls & Services #14-20
• Staffing Services and Related Solutions #12-20
Due Tuesday, June 16, 2020 at 2:00 pm CST
Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com.

To request a copy of specifications, please visit
NCPA’s website www.ncpa.us .

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800-478-7176800-478-7176

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you may be entitled to

COMPLICATIONS

SIGNIFICANT CASH
COMPENSATION.

Ifyouoralovedonehas
beendiagnosedwith
ovariancancerafterusing
talcumbasedproducts
youmaybeentitledto
significantcompensation
800-208-3526
TALCUM
POWDER

SETTLEMENT

NOTICES

LEGAL NOTICE

INTHEUNITEDSTATESBANKRUPTCYCOURTFORTHEWESTERNDISTRICTOFWASHINGTON InreFraser’sBoilerService,Inc.,Debtor. CaseNo.18-41245-BDL NOTICEOFMOTIONANDHEARINGONDEBTOR’SMOTIONTOAPPROVESETTLEMENTAGREEMENT

ANDPOLICYBUY-BACKWITHCERTAININSURERS
PLEASE TAKE NOTICE THAT at 10:00 a.m. Pacific Daylight Time on June 19, 2020, the United States BankruptcyCourtfortheWesternDistrictofWashingtonwillconductahearingintheabove-captionedcase on a motion by the debtor Fraser’s Boiler Service, Inc. (the“Motion,”Dkt. No. 756) for an order approving (i)aSettlementAgreement1 amongDebtor,DJOServices,LLC(“DJO”),ResourceTransitionConsultants,Inc. ascourt-appointedReceiverofFraser’sBoilerService,Inc.(“RTC”),AllianzUnderwritersInsuranceCompany andChicagoInsuranceCompany(collectively,“Allianz”),CenturyIndemnityCompanyandPacificEmployers Insurance Company (collectively, “Century”), Lloyd’s Underwriters and London Market Companies as identifiedonExhibitBtotheSettlementAgreement(collectively,“LMI”),HartfordAccidentandIndemnity Company (“Hartford”), National Union Insurance Co. of Pittsburgh, PA (“National Union”), The Travelers IndemnityCompany(“Travelers”),andZurichAmericanInsuranceCompanyassuccessor-in-interesttoMaine BondingandCasualtyCompany(“Zurich”)regardingcertainliabilityinsurancepoliciesissuedorsubscribed or allegedly issued or subscribed by Allianz, Century, LMI, Hartford, National Union, Travelers, and Zurich (collectively,the“Insurers”)(asmoreparticularlydefinedintheSettlementAgreement,the“Policies”)and (ii)anAmendmenttoaprevioussettlementagreementamongDebtor,DJO,RTC,andProvidenceWashington InsuranceCompany(“PW”andcollectivelywiththeInsurers,the“SettlingInsurers”).UndertheAgreements, (i)theSettlingInsurerswillpayanaggregateamountofmorethan$20million(subjecttocertaincreditsas setforthintheSettlementAgreement),(ii)the“InsurerParties”andthe“PWReleasees”(asdefinedinthe Settlement Agreement) will receive a release of all past, present, and future claims, known and unknown, withrespectto,relatingto,orinanywayarisingoutofthePolicies,and(iii)anyandallrightsandInterestsin thePolicieswillbedeemedtohavebeensoldtotherespectiveSettlingInsurersfreeandclearofanyclaims, liens,andintereststotheextentoftheBankruptcyCourt’spowertosellfreeandclear,thuspermanentlyand irrevocablyextinguishingallrights,duties,andcoverageunderthePolicies.

CopiesoftheMotionandtheAgreementscanbeobtainedontheBankruptcyCourt’swebsiteatwww. wawb.uscourts.govorbycontactingcounselforDebtorattheaddresssetforthbelow.

YOUR RIGHTS MAY BE AFFECTED BY THE MOTION, THE SETTLEMENT AGREEMENT, THE AMENDMENT, ANDANYORDERENTEREDBYTHECOURTAPPROVINGTHESETTLEMENTAGREEMENTANDTHEAMENDMENT.

ObjectionstotheMotionmustbefiledandservednolaterthanJune12,2020.Ifyouwishtofileanobjection totheMotion,youmustfileyourobjectionwiththeBankruptcyCourtattheUnitedStatesBankruptcyCourt fortheWesternDistrictofWashington, www.wawb.uscourts.gov,andserveyourobjectiononthefollowing:
(i)counselforDebtors,DarrenR.Krattli,EisenhowerCarlsonPLLC,1201PacificAvenue,Suite1200,Tacoma, WA 98402, [email protected]; (ii) the Office of the United States Trustee, Union Station, 1717 PacificAvenue,Tacoma,WA98402(Attn:HilaryMohr),[email protected];(iii)counselfortheSettling Insurers,JoshuaWeinberg,Shipman&Goodwin,LLP,1875KStreet,N.W.,Suite600,Washington,DC 20006, [email protected]; Mark D. Plevin, Crowell & Moring LLP, Three Embarcadero Center, Suite 2600, San Francisco, CA 94111, [email protected]; Jacob C. Cohn, Gordon & Rees, 1717 Arch St., Suite 610, Philadelphia,PA19103,[email protected];StevenSoha,Soha&Lang,PS,1325FourthAvenue,Suite 2000,Seattle,Washington98101-2570,[email protected];RussellW.Roten,DuaneMorrisLLP,865South FigueroaStreet,Suite3100,LosAngeles,CA90017-5450,[email protected];DavidSchoeggl,Lane Powell P.C., 1420 Fifth Avenue, Suite 4200, Seattle, Washington 98101-2375, [email protected]; RobertHoegle,NelsonMullinsRiley&ScarboroughLLP,101ConstitutionAvenue,NW,9thFloor,Washington, DC 20001, [email protected]; and Nancy A. Brownstein, Davis Wright Tremaine LLP, 920 Fifth Avenue,Suite3300,Seattle,Washington98104-1610,[email protected];and(iv)allotherparties entitledtonoticepursuanttotheFed.R.Bankr.P.2002servicelistinDebtors’bankruptcycase. 1The description of the terms of the settlements contained herein is subject to the provisions of the Settlement Agreement and the Amendment (collectively, the “Agreements”). To the extent there is any inconsistencybetweenthedescriptionofthetermsofthesettlementcontainedhereinandtheprovisions of the Agreements,theprovisionsoftheAgreementsshallcontrol.Anycapitalizedtermsnotdefinedherehave themeaningsascribedtothemintheAgreements.

Cowboys coach Mike Mc-
Carthy explained the adrena-
line rush from the head of a din-
ing room table at Harry & Izzy’s
steakhouse in Indianapolis.
“I missed the energy of get-
ting up in the morning,” McCar-
thy told a handful of Dallas re-
porters Feb. 26 during the NFL
scouting combine. “Where you
wake up and your mind is flying
100 miles an hour. And you just
want to get going on the next
project.
“That’s what excites me ev-
ery day.”
McCarthy’s first six months
as Cowboys coach have already
thrown him curveballs — chief-
ly, a global pandemic — that
nearly 13 years in Green Bay
didn’t. But he’s waded through
free agency and a seemingly
strong NFL draft to arrive at
virtual offseason activities.

The Cowboys’ stockpile of
weapons, especially on of-
fense, only augment the sky-
high expectations to which Mc-
Carthy arrived. Dallas hasn’t
made it to an NFC champion-
ship game, much less a Super
Bowl, in 24 years. Will that
change in the McCarthy era?
Here are five questions for
the Cowboys to answer in his
first season:

1. Can Dallas step up in big
games?
McCarthy didn’t waste time
reminding Cowboys rookies
what they are playing for.
“Everything we do will be
tied into winning those key
games,” he told them during
their virtual orientation. “We’ll
prepare for a 20-game season.”
Winning key games is an
area in which the Cowboys fell
short last year. The team
flopped at New Orleans, New
England and Philadelphia in
2019, unable to score more than
10 points despite averaging 27.1
through the season. Eight
times they trailed at halftime —
and all eight times they lost.
“At critical times, critical
games we didn’t meet the
mark,” Cowboys owner Jerry
Jones said. “Across the board,
we had top players that didn’t
step up.”
It will be McCarthy’s job to
improve a team that’s made the
playoffs every other season in
recent years to one that can
contend perennially — and ad-
vance past the divisional
round. McCarthy already antic-
ipates shootouts will be neces-
sary to achieve that goal, a real-
ity that further materialized
when the Cowboys drafted
Oklahoma receiver CeeDee
Lamb with the 17th overall se-
lection rather than shoring up a
secondary with the playmaker
it’s long lacked. The talent is on
the roster. Now it’s time for Mc-
Carthy’s staff to scheme and
prepare players to maximize
their potential.

2. What does CeeDee Lamb
mean for the Cowboys’ run
game?
Three-time Pro Bowl run-
ning back Ezekiel Elliott is un-
der contract through 2027 with
an extension averaging $15 mil-
lion a year. Even so, the Cow-
boys added Lamb to a receiver
room that already featured a
pair of 1,000-yard pass-catch-
ers in Amari Cooper and Mi-
chael Gallup. McCarthy said his
staff is thrilled at the surplus of
playmakers.
“It’s really just which way
you emphasize,” McCarthy
said. “(Offensive coordinator)
Kellen Moore has had a lot of
fun … on a few new wrinkles
we’re looking to work.”
The receiver boon may come
at the right time for the Cow-
boys offensive line, which has
been Dallas’ strongest position
group most of the last half-dec-
ade. Its dominance was impor-
tant, CBS color analyst and for-
mer Cowboys quarterback To-
ny Romo once said. “You need
to figure out what your strength
is, how you’re going to win foot-
ball games and what’s the for-
mula,” Romo said.

With five-time Pro Bowl
center Travis Frederick’s retire-
ment and seven-time Pro Bowl
left tackle Tyron Smith’s inju-
ries piling up in recent years,
the Cowboys line should still be
very good but perhaps not as
elite as it has been. Dallas’ re-
ceivers, then, might be the
team’s most imposing group.

Cooper, Gallup and Lamb all
have demonstrated the ability
to threaten as individuals.

Now, it will be time to scheme
that effectively together to play
off each other—while still mak-
ing use of Elliott.

3. Will Dak Prescott take
the next step in 2020?
The Cowboys pinpoint Mc-
Carthy’s history with quarter-
back development, most re-
cently with Aaron Rodgers in
Green Bay, as one of the top
reasons they gave him the job.
“He’s a quarterback guru,”
Prescott said. “He’s an offen-
sive guru.”
Dallas hopes McCarthy will
build upon what Prescott, who
will turn 27 in July, has already
accomplished in four seasons.

Contract negotiations for a
long-term extension will con-
tinue in the lead-up to the July
15 deadline, but the Cowboys
say they aren’t worried about
his availability either way.
“When we’re ready to play,”
Jones said, “he’ll be there.”
Prescott hasn’t missed a
start since Dallas drafted him
in the 2016, posting a 40-24 ca-
reer record so far. In 2019, Pres-
cott delivered his best statisti-
cal season yet: 65.1% comple-
tion rate, 4,902 passing yards,
30 touchdowns and 11 intercep-
tions. The numbers reflect a
Cowboys offense favoring the
passing game more than it had
in Prescott’s first three years, in
part because Dallas trailed of-
ten. Even so, the throws and
chemistry Prescott showcased
should give Moore and McCar-
thy confidence to be creative in
the passing game. They should
also capitalize on the receiving
threats to give Prescott better
latitude with the run-pass op-
tion and quarterback keepers.

4. Will this defense finally
create turnovers?
The Cowboys tied for the
league low with seven inter-
ceptions last season. Scheme
and talent will need to revamp
to find better results in 2020.

Dallas hopes to find more
scheme flexibility under defen-
sive coordinator Mike Nolan
and more positional flexibility
from players, including rookies
Trevon Diggs and Reggie Rob-
inson II. Each is listed as a cor-
ner and created turnovers in
college. Diggs, the brother of
Bills receiver Stefon Diggs, be-
lieves his own past at receiver
gives him a leg up in creating
turnovers.
“I feel like that’s one of my
strengths,” he said after the
Cowboys selected him in the
second round out of Alabama.
“I don’t want pass breakups. I
want interceptions.”
McCarthy believes Diggs
and Robinson will be assets on
defense and special teams. He
also thinks the collection of
cornerback options, alongside
returning starter Xavier Woods
and veteran free-agent acquisi-
tion Ha Ha Clinton-Dix could
improve the Cowboys at safety.
“I’m very comfortable with
the flexibility we have through-
out our secondary players,”
McCarthy said. “We have great
competition and excellent flex-
ibility.”
A revamped defensive line,
which adds defensive tackles
Gerald McCoy and Dontari Poe
as well as reinstated defensive
end Aldon Smith, also could
help ramp up pressure and in-
crease opportunities for takea-
ways.

5. Will McCarthy instill his
culture?
Jones said he “heard the
bells” when he hired McCarthy.

A Super Bowl-winning coach,
with 13 years’ head coaching
experience and a 61.8% career
win percentage available to
help the Cowboys “win now”?
Jones compared the fortuitous
timing to catching lightning in a
bottle.

The kudos continued into
draft weekend, when the Jones
family lauded McCarthy’s wis-
dom and input throughout the
evaluation and selection proc-
ess.

But McCarthy must get the
buy-in of the Cowboys locker
room to truly instill a new cul-
ture after a decade of Jason
Garrett weaving his principles
into the fabric of the organiza-
tion.

He’ll need to communicate
new systems without on-field
installation for the time being
and to connect with players
he’s never met in person, with-
out his starting quarterback’s
contract settled.

Dynamics are tricky. Jones
believes that’s where McCar-
thy’s experience — his success-
es and his failures in the NFL —
will come to help.
“Mike has done an unbeliev-
able job of leading the charge,”
Jones said. “I’ve been very im-
pressed.”
DALLAS COWBOYS 5 QUESTIONSMcCarthy already at ‘100 miles an hour’ Jori Epstein

USA TODAY
The Cowboys’ Dak Prescott says he’s excited to work with “quarterback guru” Mike McCarthy. BILL STREICHER/USA TODAY SPORTS

Request for Proposal (RFP) for Autonomous Security Systems and Services
Solicitation Number: 10-20
Publication Date: Thursday, May 14th, 2020
Notice to Respondent:

Submittal Deadline: Tuesday, June 16th, 2020 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Tuesday, June 9th, 2020. All questions and answers will be posted to http://www.ncpa.us/solicitations .

It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for Autonomous Security Systems and Services for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.

This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Autonomous Security Systems and Services, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.

Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded.

Any response received later than the specified deadline will be disqualified.

Responses will remain sealed by our online Bonfire portal until the bid opening time specified.

Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation.

Competitive Solicitation by
Region 14 Education Service Center
For
Autonomous Security Systems and Services
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 10-20

Introduction / Scope
¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Autonomous Security Systems and Services.

¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal.

¨ Awarded vendor(s) shall perform covered services under the terms of this agreement.

Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included.

¨ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories.

¨ National Cooperative Purchasing Alliance (NCPA)
Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations.

¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.

Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.

Instructions to Respondents
¨ Submission of Response
Ø Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted.

Ø Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response.

Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response.

Ø Withdrawal of response will not be allowed for a period of 120 days following the opening.

Pricing will remain firm for 120 days from submittal.

¨ Required Proposal Format
Ø Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated.

It’s recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).

¨ Tabs
Ø Tab 1 – Master Agreement / Signature Form
Ø Tab 2 – NCPA Administration Agreement
Ø Tab 3 – Vendor Questionnaire
Ø Tab 4 – Vendor Profile
Ø Tab 5 – Products and Services / Scope
Ø Tab 6 - References
Ø Tab 7 - Pricing
Ø Tab 8 – Value Added Products and Services
Ø Tab 9 – Required Documents

Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

¨ Pricing
Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment ¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being considered.

¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the

United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation

¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

Evaluation Criteria

¨ Pricing (40 points)
Ø Electronic Price Lists
§ Products, Services, Warranties, etc. price list
§ Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.

Ø Vendor’s ability to perform towards above requirements and desired specifications.

Ø Past Cooperative Program Performance
Ø Quantity of line items available that are commonly purchased by the entity.

Ø Quality of line items available compared to normal participating entity standards.

¨ References (15 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years

¨ Technology for Supporting the Program (10 points)
Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members.

Ø Specifications and features offered by respondent’s products and/or services

¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training
Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service

Signature Form

The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature

Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Autonomous Security Systems and Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region

14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].

Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.

It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount

Total ________________

Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.

From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis.

Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%

Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.

Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.

Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.

National Cooperative Purchasing Alliance:

Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________

Date: ________________________________________

Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.

Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below)

Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island

All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)

¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________

American Somoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands

§ Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________

¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No

¨ Cooperatives
Ø List any other cooperative or state contracts currently held or in the process of securing.

Cooperative/State Agency Discount
Offered
Expires Annual Sales
Volume

Tab 4 – Vendor Profile
Please provide the following information about your company:
¨ Company’s official registered name.

¨ Brief history of your company, including the year it was established.

¨ Company’s Dun & Bradstreet (D&B) number.

¨ Company’s organizational chart of those individuals that would be involved in the contract.

¨ Corporate office location.

Ø List the number of sales and services offices for states being bid in solicitation.

Ø List the names of key contacts at each with title, address, phone and e-mail address.

¨ Define your standard terms of payment.

¨ Who is your competition in the marketplace?

¨ Provide Annual Sales for last 3 years broken out into the following categories:

Ø Cities / Counties
Ø K-12
Ø Higher Education
Ø Other government agencies or nonprofit organizations

¨ What differentiates your company from competitors?

¨ Describe how your company will market this contract if awarded.

¨ Describe how you intend to introduce NCPA to your company.

¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)

¨ Green Initiatives
Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste,

energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

¨ Vendor Certifications (if applicable)
Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

Tab 5 – Products and Services
¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.

¨ Contractor must provide products FOB destination or clearly explain their freight program.

¨ This solicitation is for the provision of autonomous security systems for purchase, lease, or on a Machine as a Service basis. All systems must include the following minimum basic capabilities.

Respondents are expected to fully describe their systems, their maintenance programs and capabilities, and provide projections for providing continuous services to a single area for a full year. Respondents must also clearly describe the process of monitoring the system, either provided by the respondent or the agency. All aspects of the monitoring system including the ability to scale the number of units under control must be cleat=rly described.

¨ Minimum Technical Requirements.

1. Indoor and Outdoor systems required.

2. Central control system for multiple units

3. Camera and live video recording and streaming

4. Live two-way audio and recorded message delivery

¨ Desired optional capabilities:

1. Facial Recognition

2. People Detection During Certain Restricted Hours

3. Automatic License Plate Recognition (whitelist, blacklist, excluded and unknown plates)

4. Thermal Anomaly Detection

5. Automatic Signal Detection (whitelist, blacklist, excluded and unknown MAC addresses)

6. Live Audio Broadcast (similar to public address system)

7. Two-Way Intercom (human-to-human voice interaction)

8. Pre-Recorded Messages (may be played manually, randomly, by time or by detection)

¨ Autonomous Security Systems are the primary requirement of this RFP. All respondents are urged to include their entire offering of security systems including access control, camera and camera control systems, scanning systems and other security related products and services.

¨ Pricing: Prices may be offered on a purchase, lease, or MAAS (Machine As A Service) basis.

Contract product prices must be clearly defined and compared to MSRP for each individual item.

Additional discounts for multiple unit purchases and integration of multiple systems are

encouraged.

¨ Contractor should supply dispenser maintenance programs as part of the cost of products purchased or provide a clear pricing program for maintenance services.

Tab 6 – References
¨ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.

¨ All references should include the following information from the entity:

Ø Entity Name
Ø Contact Name and Title
Ø City and State
Ø Phone
Ø Years Serviced
Ø Description of Services
Ø Annual Volume

Tab 7 – Pricing
¨ Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.

¨ Price lists must contain the following:

Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).

Ø Description
Ø Vendor’s List Price
Ø Percent Discount to NCPA participating entities

¨ Not To Exceed Pricing
Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.

Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.

Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Tab 8 – Value Added Products and Services
¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

Tab 9 – Required Documents
¨ Clean Air and Water Act / Debarment Notice

¨ Contractors Requirements

¨ Antitrust Certification Statements

¨ Required Clauses for Federal Funds Certifications

¨ Required Clauses for Federal Assistance by FTA

¨ State Notice Addendum

Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations

Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date

Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.

Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Authorized signature
Date

Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature

Required Clauses for Federal Funds Certifications

Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision

for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee

of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project.

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective

employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.

Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.

Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/
https://harvester.census.gov/imls/search/index.asp
http://nccsweb.urban.org/PubApps/search.php
http://www.usa.gov/Government/Tribal-Sites/index.shtml
http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ https://sos.oregon.gov/blue-book/Pages/state.aspx
https://portal.ehawaii.gov/government/
https://access.wa.gov/governmentagencies.html

Request for Proposal (RFP) for Autonomous Security Systems and Services
Solicitation Number: 10-20
Publication Date: Thursday, May 14th, 2020
Notice to Respondent:

Submittal Deadline: Tuesday, June 16th, 2020 2:00 pm CST Questions regarding this solicitation must be submitted to [email protected] no later than Tuesday, June 9th, 2020. All questions and answers will be posted to http://www.ncpa.us/solicitations .

It is the intention of Region 14 Education SerYice Center (herein ³Region 14 ESC´) to establish a Master Agreement for Autonomous Security Systems and Services for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.

This contract will allow agencies to purchase on an ³as needed´ basis from a competitiYel\ aZarded contract. Respondents are requested to submit their total line of available products and services.

While this solicitation specifically covers Autonomous Security Systems and Services, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.

Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa bonfirehub com
Immediately following the deadline, all responses will be publicly opened and the respondents recorded. Any response received later than the specified deadline will be disqualified.

Responses will remain sealed by our online Bonfire portal until the bid opening time specified.

Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation.

Competitive Solicitation by
Region 14 Education Service Center

For
Autonomous Security Systems and Services
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 10-20

Introduction / Scope
i Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non-profit organi]ations (herein ³Public Agenc\´ or collectiYel\ ³Public Agencies´) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Autonomous Security Systems and Services.

i Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administratiYe support for the aZarded Yendor that promotes the successful Yendor¶s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal.

i Awarded vendor(s) shall perform covered services under the terms of this agreement.

Respondents shall provide pricing based on a discoun t from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included.

i Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories.

i National Cooperative Purchasing Alliance (NCPA)
¾ The National CooperatiYe Purchasing Alliance (herein ³NCPA´) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services.

This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations.

i It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP.
¾ Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
¾ Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ¾ Combine the purchasing power of Public Agencies to achieve cost effective pricing; ¾ Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.

Instructions to Respondents
i Submission of Response
¾ Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted.
¾ Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. ¾ Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. ¾ Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal.

i Required Proposal Format
¾ Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non-responsive and may not be evaluated. It¶s recommended that all tabs, Zith the e[ception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv).

i Tabs
¾ Tab 1 ± Master Agreement / Signature Form
¾ Tab 2 ± NCPA Administration Agreement
¾ Tab 3 ± Vendor Questionnaire
¾ Tab 4 ± Vendor Profile
¾ Tab 5 ± Products and Services / Scope
¾ Tab 6 - References
¾ Tab 7 - Pricing
¾ Tab 8 ± Value Added Products and Services
¾ Tab 9 ± Required Documents

Tab 1 ± Master Agreement
General Terms and Conditions
i Customer Support
¾ The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

i Disclosures
¾ Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with th is contract. ¾ The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition o r give an unfair advantage over other vendors in the award of this contract.

i Renewal of Contract
¾ Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

i Funding Out Clause
¾ An\/all contracts e[ceeding one (1) \ear shall include a standard ³funding out´ cla use.

A contract for the acquisition, including lease, of real or personal property is a commitment of the entit\¶s current reYenue onl\, proYided the contract contains either or both of the following provisions:
¾ Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

i Shipments (if applicable)
¾ The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, th e awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Knightscope's products are built-to-order. Once a contract is fully executed, the order is entered into the production queue for assembly, graphics, QA and testing. Order to delivery time is currently between twelve (12) and sixteen (16) weeks. Upon delivery, there is a minimum of two (2) weeks of additional deployment setup time.

i Tax Exempt Status
¾ Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

i Payments
¾ The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.
i Adding authorized distributors/dealers
¾ Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. ¾ Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA. ¾ Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. ¾ All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

i Pricing
¾ All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the aZarded Yendor¶s responsibilit\ to keep all pricing up to date and on file with NCPA.
¾ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing i Warranty
¾ Proposals should address each of the following:
ƒ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
ƒ Availability of replacement parts
ƒ Life expectancy of equipment under normal use
ƒ Detailed information as to proposed return policy on all equipment i Indemnity
¾ The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

i Franchise Tax
¾ The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

i Supplemental Agreements
¾ The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a

result of this contract is exclusively between the participating entity and awarded vendor.

i Certificates of Insurance
¾ Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.
i Legal Obligations
¾ It is the Respondent¶s responsibilit\ to be aZare of and compl\ Zith all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. i Protest
¾ A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST.

Protests shall be filed with Region 14 ESC and shall include the following:
ƒ Name, address and telephone number of protester
ƒ Original signature of protester or its representative ƒ Identification of the solicitation by RFP number
ƒ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
¾ Any protest review and action shall be considered final with no further formalities being considered.

i Force Majeure
¾ If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overc ome such inability with all reasonable dispatch.
¾ The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party

having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. i Prevailing Wage
¾ It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
i Miscellaneous
¾ Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
i Open Records Policy
¾ Because Region 14 ESC is a governmental entity, responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exce ption(s). ¾ The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes , ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose r esponse is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies.

To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

i Contract Administration
¾ The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
i Contract Term
¾ The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.
¾ It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. i Contract Waiver
¾ Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. i Products and Services additions
¾ Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are withi n the scope of this RFP.
i Competitive Range
¾ It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.
i Deviations and Exceptions
¾ Deviations or exceptions stipulated in response may result in disqualification. It is t he intent of Region 14 ESC to award a vendor¶s complete line of products and/or services, when possible.
i Estimated Quantities
¾ The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $5 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.

There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation

i Evaluation
¾ Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals.

Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
i Formation of Contract
¾ A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
i NCPA Administrative Agreement
¾ The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
i Clarifications / Discussions
¾ Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision.

After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions Zith those respondent¶s Zhose proposals are determined to be reasonabl\ susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondents are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal.

Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents¶ proposals or prices. i Multiple Awards
¾ Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
i Past Performance
¾ Past performance is releYant information regarding a Yendor¶s actions under preYiousl\ aZarded contracts; including the administratiYe aspects of performance; the Yendor¶s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generall\, the Yendor¶s businesslike concern for the interests of the customer. Page 201 of 714

EYaluation Criteria

i Pricing (40 points)
¾ Electronic Price Lists
ƒ Products, Services, Warranties, etc. price list
ƒ Prices listed will be used to establish both the extent of a vendor¶s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

i Ability to Provide and Perform the Required Services for the Contract (25 points) ¾ Product Delivery within participating entities specified parameters ¾ Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
¾ Vendor¶s ability to perform towards above requirements and desired specifications. ¾ Past Cooperative Program Performance
¾ Quantity of line items available that are commonly purchased by the entity. ¾ Quality of line items available compared to normal participating entity standards.

i References (15 points)
¾ A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years

i Technology for Supporting the Program (10 points)
¾ Electronic on-line catalog, order entr\ use b\ and suitabilit\ for the entit\¶s needs ¾ Qualit\ of Yendor¶s on-line resources for NCPA members. ¾ Specifications and features offered b\ respondent¶s products and/or serYices

i Value Added Services Description, Products and/or Services (10 points) ¾ Marketing and Training
¾ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ¾ Customer Service