RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED
DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $11,500
FOR SECOND HOLLISTER NATIVE GATHERING EVENTS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS
WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and
WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and
WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council at a public City Council meeting; and
WHEREAS, Councilmember Burns and Councilmember Perez request City Council approval to use budgeted discretionary funds in the amount of $11,500 in combined efforts in support of the Second Hollister Native Gathering events and in partnership with Youth Alliance of Hollister.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Burns and Councilmember Perez to use City Council budgeted discretionary funds in support of the Second Hollister Native Gathering events and authorize the City Manager to negotiate and execute the necessary agreements.
Amount not to exceed $11,500 - FY 24/25
101-1105-730007 - Discretionary Funds – District 1 ($5,750) 101-1105-730010 - Discretionary Funds - District 4 ($5,750)
Resolution No. 2024-__
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 co rrect copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024at 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Manager-2024-33
AGENDA ITEM: A RESOLUTION APPROVING COUNCILMEMBER MORALES TO
TRAVEL FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO, OCTOBER 16-18, 2024, IN LONG BEACH, CA.
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Adopt a resolution approving travel expenses for Councilmember Morales for the League of California Cities Annual Conference and Expo, Oct.16-18, 2024, in Long Beach, CA.
DISCUSSION: On August 20, 2024, the City Council adopted Resolution No. 2024-130, designating one voting delegate and one alternate voting delegate consistent with Cal Cities bylaws. Councilmember Dolores Morales was designated as the voting delegate and Councilmember Rick Perez was designated as an alternate voting delegate for the League of California Cities Annual Convention and Expo, Oct 16-18, 2024, in Long Beach, CA.
In accordance with the City Council Travel Policy (June 2023), Policy - 2.1C City Council approves travel requests before travel…an approval of the City Council means a majorit y vote of the City Council at a public City Council meeting.
FISCAL IMPACT: Conference, travel costs, and per diem not to exceed $1,600 (estimate); flight credit will be used in lieu of airline costs.
PREVIOUS COUNCIL OR COMMISSION ACTION: City Council designated Councilmember Morales as voting delegate and Councilmember Perez as an alternate voting delegate for the League of California Cities Annual Conference and Expo, Oct. 16 - 18, 2024, with Resolution No. 2024-130.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Resolution No. 2024-130
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING COUNCILMEMBER MORALES TO TRAVEL FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO, Oct. 16-18, 2024, IN LONG BEACH
WHEREAS, at the August 20, 2024, Regular City Council meeting with Resolution No. 2024-130; and
WHEREAS, City Council action was taken to designate one voting delegate and one alternate voting delegate consistent with Cal Cities bylaws; and
WHEREAS, Councilmember Dolores Morales was designated as the voting delegate and Councilmember Rick Perez was designated as an alternate voting delegate for the League of California Cities Annual Conference and Expo, Oct. 16 -18, 2024; and
WHEREAS, in accordance with the City Council Travel Policy (June 2023), 2.1C City Council approves travel requests before travel…an approval of the City Council means a majority vote of the City Council at a public City Council meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Morales to travel for the League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 in Long Beach.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 reg ular meeting held on September 3, 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
RESOLUTION NO.2024-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A DESIGNATION OF VOTING DELEGATES AND UP TO
TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES,OCT. 16-18,2024
WHEREAS, the League of California Cities Annual Conference and Expo is scheduled for October 16-18,2024 in Long Beach;and
WHEREAS, every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo;the General Assembly is an important opportunity where the city officials can directly participate in the development of Cal Cities policy;and
WHEREAS, taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The city appointed voting delegate plays an important role during the General Assembly by representing the city and voting on resolutions;and
WHEREAS,to cast a vote during the General Assembly,the city must designate a voting delegate and up to two (2) alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be elected or appointed officials;and
WHEREAS,action is required by the Council. Consistent with Cal Cities bylaws,a city's voting delegate and up to two(2)alternates must be designated by the city council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister designates Council Member Morales as voting delegate and Council Member Rick Perez as an alternate voting delegate for the League of California Cities Annual Conference and Expo,Oct. 16-18,2024.
Resolution No.2024-130
PASSED AND ADOPTED,by the City Council of the City of Hollister at a regular meeting held on August 20,2024,by the following vote:
AYES: Council Members Perez, Resendiz, Burns,and Mayor Casey NOES: None
ABSTAINED: None
ABSENT:Council Member Morales
Casey, Mayo
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
1,(
J 'e oodworth,MMC,City Clerk MFV ernere-ftAttorney
I,Jennifer Woodworth, MMC, City Clerk of the City of Hollister,do hereby certify that the attached Resolution No. 2024-130 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 August 20,2024 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 August 20,2024.
e fek Woodworth,MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Public Works-2024-31
AGENDA ITEM: A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH THE ADAMS ASHBY GROUP FOR GRANT MANAGEMENT
CONSULTING SERVICES AND AUTHORIZE THE CITY MANGER TO EXECUTE
THE AGREEMENT
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Renee Perales, CIP Manager
RECOMMENDED ACTION: Adopt a resolution approving, and authorizing the City Manager to execute, an Agreement to provide Consulting Services related to the West Gateway Improvement Project and any future Grant applications and awards from the Department of Housing & Community Development (HCD) for Community Development Block Grants (CDBG).
DISCUSSION: In November 2022, the City of Hollister was awarded a $3 Million-dollar CDBG Grant from HCD for the completion of the West Gateway Improvement Project.
At that time, the City had a contract with a Consultant to provide Grant Management Services. That contract has since expired. The City is now ready to go to bid for the West Gateway Improvement Project. However, the City does not have a consultant under contract to provide grant management or labor compliance services.
There are a substantial number of complex and ever-changing requirements to administer the CDBG Grant. Such requirements include the federal overlays for procurement, labor standards, contracts, and supervision to ensure that the City is adhering to the reporting requirements.
Staff recommends retaining a qualified professional to assist with grant administration and provide training to ensure the City stays in compliance with HCD’s rules and regulations. Staff released a Request For Proposals (RFP) in July 2024 for Grant Administration Consulting and Support. The RFP was issued via the City’s website, through Bidnet Direct. On August 12, 2024, the City received five (5) proposal(s). After reviewing the proposals, staff recommends the City execute a contract with the Adams Ashby Group.
FISCAL IMPACT: There is no impact on the General Fund (Fund 101). Services to be funded by Community Development Block Grant.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: This activity is not a project pursuant to California Environmental Quality Act Statute Section 21065 and Guidelines Section 15378(b)(5), as it is an administrative activity of government that will not result in direct or a reasonably foreseeable indirect
physical change in the environment.
ATTACHMENTS:
1. Resolution
2. Request for Proposals
3. Copy of Proposal
4. Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE ADAMS ASHBY GROUP FOR
GRANT ADMINISTRATION RELATED TO THE WEST GATEWAY
PROJECT AND FUTURE COMMUNITY DEVELOPMENT BLOCK
GRANTS.
WHEREAS, the City of Hollister applied for a Community Development Block Grant (CDBG) for the West Gateway Improvement Project; and
WHEREAS, in July 2022, the City was awarded $3,000,000.00 from the Department of Housing and Community Development (HCD) for the completion of that project; and
WHEREAS, the City’s Consulting Contract to provide Grant Management services expired; and
WHEREAS, the City of Hollister wishes to stay in compliance with HCD’s rules and regulations; and
WHEREAS, the CDBG Grant award includes funds for General Administration and Activity Delivery; and
WHEREAS, in July 2024, staff released a Request for Proposals for Consu lting Services to provide Grant Administration for the CDBG Grant; and
WHEREAS, on August 12, 2024, FIVE (5) proposals were received.
WHEREAS, the Adams Ashby Group has substantial experience with CDBG Grants and the Department of Housing & Community Development (HCD).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
1. Accepts the proposals received and authorizes the execution of a Professional Services Agreement with the Adams Ashby Group to provide consulting services for Grant Administration for the West Gateway Improvement project and any future awards and CDBG Grant applications.
Resolution No. 2024-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 September 3, 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
County of San Benito
State of California
REQUEST FOR PROPOSAL
for
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANT ADMINISTRATION
July 2024
Proposals Due by: August 12, 2024 @ 5:00 p.m.
ii
TABLE OF CONTENTS
Introduction ................................................................................................................................... 1 Request for Proposals .................................................................................................................. 1 Scope of Work ............................................................................................................................... 2 Submittal of Proposals ................................................................................................................. 3 Method and Criteria for Selection ................................................................................................ 4 Disputes Relating to Proposal Process ....................................................................................... 5 Contract Termination/Debarment ................................................................................................. 5 Insurance Requirements ............................................................................................................... 5 Federal Terms and Conditions ..................................................................................................... 5 Exhibit A: Consulting Services Agreement for Professional Services ..................................... 6 Exhibit B: Federal Terms and Conditions…………………………………………….………………11
1 COMMUNITY DEVELOPMENT BLOCK GRANT
CONSULTANT FIRMS TO PROVIDE
Contract/Grant Administrator
Introduction
The City of Hollister is requesting proposals from qualified consultant firms to provide contract grant administration services for a State of California Community Development Block Grant (CDBG) Program. Qualified consultants must have extensive experience working with the federal CDBG Program Grant Manual. The City of Hollister has been awarded funding from CDBG for the West Gateway Improvement Project described below:
Activity Title Description
Public Facilities &
Improvements
West Gateway Improvement Project $3,000,000.00 and any future awarded grants
Activity Delivery – Public Facilities & Improvements
Labor Compliance Provide Labor Compliance for the West Gateway Project Grant Application Preparation Prepare and submit future Grant Applications General Program Administration for current and future Grant awards Request for Proposals
The City of Hollister is seeking a Contract Grant Administrator to provide services to the City for the administration and implementation of the identified projects listed above. The response to the “Request for Proposals” must be made according to the requirements set forth in this RFP. Failure to adhere to these requirements or to include conditions, limitations or misrepresentations may be cause for rejection of the submittal.
Consultant’s proposal shall include all oversight, documentation, coordination, consultation, meetings, reviews, etc. as necessary to comply with federal CDBG requirements for construction of project and public services identified above. This shall include, but is not limited to the following:
A.A brief history and detailed summary of your firm’s qualifications and specific experience;
B.A statement of your firm’s policy regarding affirmative action, and indication if your firm is a small business and/or minority or woman owned business.
C.Experience of firm and individual team members as it pertains to CDBG grant funded project contract and grant administration and implementation, including CDBG funding procedures and procurement. (include resumes and references); D.Experience training staff with grant administration.
Request for Proposals - CDBG Grant Administration Services 2 E.List of similar work performed by the firm, including location and type of project. The City may contact past clients for references. Provide the name and telephone number of a reference for each project listed;
1.A description of the proposed scope of work and methodology.
F.A proposed schedule;
G.For each activity (i.e. do not provide a lump sum for all activities), provide a description of proposed costs including:
1.Provide the hourly rate for each project team member who would be assigned to this project and the estimated number of hours required for each task.
2.Indicate other expenses that are requested to be reimbursed.
3.Consultant shall identify any personnel and overhead costs associated with periods of project inactivity or delay.
H.Organizational chart applicable to this project identifying the project manager, key personnel, and supporting staff. Specific responsibilities of each person should be detailed;
I.Knowledge of the City of Hollister (list any previous experience with the City); J. Acknowledgement that the standard contract for the City of Hollister (see Exhibit A for the sample) is acceptable as presented or as amended (include the proposed amendments).
Scope of Work
The Scope of Work to be performed by the consultant shall include the following activities:
A.CONSULTANT shall provide training to staff to insure proper completion of tasks B through J.
B.CONSULTANT shall insure proper completion and submission of all financial and performance reports required by the program (i.e. monthly, quarterly, annual, close-out, etc.)
C.CONSULTANT shall be present at all appropriate public meetings if requested.
D.CONSULTANT shall insure that the proper administrative files are maintained and assist staff in developing procedures for monitoring of administrative files.
E.CONSULTANT shall establish and maintain administrative files. This includes maintaining the required Public Information Binder.
F.CONSULTANT will, as requested, directly participate in any monitoring by the State or other agencies and provide the necessary documents and files for such monitoring visits. CONSULTANT will advocate on City’s behalf, to the maximum extent appropriate, and respond to and correct any monitoring findings under control of the CONSULTANT.
Request for Proposals - CDBG Grant Administration Services 3 G.CONSULTANT shall prepare a close-out manual to guide the City after the project has been completed. Such guide will outline the City’s ongoing program responsibilities.
City has agreed that this manual can be structured to contain pertinent sections of information previously developed by the State-CDBG.
H.CONSULTANT shall monitor program milestones, prepare a timeline to supervise staff and recommend amendments as necessary.
I.CONSULTANT shall facilitate communications between all State-CDBG personnel and the City.
J. CONSULTANT shall appraise the City of all applicable federal and State requirements related to the funds and facilitate the meeting of such requirements.
K.CONSULTANT shall verify contractor and subcontractor(s) eligibility through the State Contractor’s Licensing Board and Federal debarred list. Consultant is to keep all information neat and orderly in each individual contractor/subcontractor files.
L.CONSULTANT shall provide contractors and subcontractors with required certification statements and contract language requirements.
M.CONSULTANT shall assist in processing contractor/consultant invoices and change orders.
N.CONSULTANT shall insure that required documents are submitted in a timely manner.
Submittal of Proposals
Proposals shall be submitted by Monday, August 12, 2024 at 5:00 p.m. electronically via the City's website at http://hollister.ca.gov/services/open-bids-and-rfps/ .
The RFP can be found on our website at: http://hollister.ca.gov/services/open-bids-and-rfps/ click the red tab “BidNet Diret Current Bids and RFP's”. It is the responsibility of the proposer to check the website for any addenda.
For questions regarding the RFP, please submit the questions electronically via the Question & Answer feature provided by Bidnet. If you need further assistance, please contract Renee Perales, CIP Projects Manager via email at [email protected]. The last day for questions to be answered is August 6, 2024 at 5:00 p.m.
Late or incomplete proposals will not be considered. The City shall have the sole discretion in determining the completeness of each proposal. This solicitation of proposals is not construed as a contract of any kind. The City is not responsible for any pre-contractual expenses incurred by firms responding to this RFP. All proposals shall become the property of the City and will not be returned. All proposals received may become public records under the laws of the State of California and the public may be given access to them after the formal selection process has been completed.
It is understood and agreed that the Proposer claims no proprietary rights to the ideas and written materials contained in or attached to its proposal. Proposals will be maintained as confidential until recommendation is submitted to the City Council at which time all proposals will be public record.
Proposers warrant and covenant that no official or employee of the City, or any business entity in which an official of the City has an interest, has been employed or retained to solicit or aid in the procuring of the contract of this project.
Request for Proposals - CDBG Grant Administration Services 4 The successful proposer will have the status of an independent contractor and will not be either an officer or an employee of the City.
Consultant shall not employ discriminatory practices in the treatment of persons in relation to the circumstances provided for herein, including assignment of accommodations, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.
Method and Criteria for Selection
The initial review of all proposals will be to evaluate to insure they meet the following minimum requirements:
A.The proposal is complete and is in compliance with the RFP.
B.Prospective firm agrees to meet, by inclusion of such statement in submittal letter, all State and Federal requirements included in this RFP.
Failure to meet these requirements may result in the proposal being rejected. No proposal shall be rejected if it contains minor irregularities, defect, or variation of the irregularity; defect or variation is considered by the City to be immaterial or inconsequential. In such case, the Proposer will be notified of the deficiency in the proposal and given the opportunity to correct. The City may elect to waive the deficiency and accept the proposal as submitted.
The City reserves the right to reject any and all proposals submitted, to request clarification of information submitted, to request additional information from any and/or all applicants, and to waive any irregularity in the proposal and review as long as City procedures remain consistent with the State Department of Housing and Community Development procurement requirements. Cost, while an important factor, will not be the sole determining factor. The contract will be awarded to the proposer who submits the most favorable overall proposal, as determined by the City in its sole discretion, and may be awarded to other than the lowest proposer. Proposals will be evaluated based on the following criteria:
Evaluation Score Methodology: Points Available
Background, experience and qualifications of the firm in CDBG program administration and implementation as it
relates to the projects identified in the RFP
30 Experience and qualifications of individuals identified in the consultant’s project team 20
Thoroughness of the Scope of Work, milestones, schedule, cost analysis, and approach to completing the project 20 Quality of feedback provided by references 15
Demonstrated ability to perform tasks/projects in a timely and efficient manner 15
Total 100
Request for Proposals - CDBG Grant Administration Services 5 The City may elect to interview the most qualified firms as evidenced by the submitted proposals to negotiate final costs/anticipated effort for each milestone. Selected consultants will be required to submit a final cost proposal for City review and determination of award.
The terms and scope of the contract will be determined based on negotiations between the City and the prospective consultant. If the City and the prospective consultant fail to reach a contractual agreement, the City may negotiate with any other top-selected consultant.
After selection of the consultant, all applicants will be notified of the City’s decision.
Disputes Relating to Proposal Process
In the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager within ten calendar days of the date of the recommendation award or denial letter.
Grounds for an appeal is that the City failed to follow the selection procedures and adhere to requirements specified in this RFP or an addenda or amendments thereto; there has been a violation of conflict of interest as provided by California Government Code section 87100 et seq; or violation of Federal or State law. The City will consider only those specific issues addressed in the written appeal.
The City Manager shall consider any matter appealed during a scheduled hearing, within thirty days of receipt. The decision of the City Manager shall be final with respect to the matters of fact.
All disputes and/or appeals must be submitted to:
City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Contract Termination/Debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
The RFP/contract may be voided at any time for cause, by giving at least 14 days written notice, due to violations of any terms and/or special conditions of the RFP/contract, upon request of HUD/City, or withdrawal of the expenditure authority.
It is a mutually understood between the parties that this RFP may have been written before ascertaining the availability of appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the RFP were executed after the determination was made.
The RFP is valid and enforceable only if sufficient current funds are made available to the Department by the United States Government for the Federal fiscal year. In addition, this RFP is subject to any additional restrictions, limitations, conditions or statue enacted by the Congress or State Legislature, which may affect the provisions, terms or funding of this RFP.
Insurance Requirements- See Exhibit A, Consulting Services Agreement for Professional Services.
Federal Terms and Conditions -See Exhibit: B
Request for Proposals - CDBG Grant Administration Services 6 Exhibit A: Consulting Services Agreement for Professional Services
CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES
TO PROVIDE GRANT ADMINISTRATION SERVICES FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
This Consulting Services Agreement (the "Agreement") is made and entered into as of this ___th day of _______________ 2024, ("Effective Date"), by and between CITY OF HOLLISTER, with a place of business at 375 Fifth Street, Hollister, CA 95023 (“CITY”), and _______________________, with a place of business at ____________________________ (“CONSULTANT").
Upon the following terms and conditions of this Agreement, the CITY desires to retain CONSULTANT to perform the following:
1.Professional Services.
CONSULTANT will provide grant administration services as authorized and required by the CITY under the terms and conditions of this Agreement as described in the attached “Scope of Services” dated _____________ from CONSULTANT (Exhibit B). Such services will commence on the start date and will terminate pursuant to the terms of this Agreement.
2.Invoicing and Payment.
As sole compensation for the performance of the services, the CITY will pay CONSULTANT for the tasks stated in the Scope of Services payable on a net thirty (30) days from invoice. CONSULTANT will invoice the CITY on a monthly basis for the percent of tasks completed in performing the services. The CITY will pay each such invoice no later than thirty (30) days after its receipt. Extra Services and Reimbursable Costs are incorporated into this Agreement as provided in the Scope of Services. CONSULTANT will receive no royalty or other remuneration for the production or distribution of any products developed by the CITY or by CONSULTANT in connection with or based upon the services. CONSULTANT will not be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, or distributions by CITY pertaining to any insurance or similar benefits that CITY makes or may make available to CITY's employees.
3.Ownership of Work Product.
CONSULTANT agrees that any and all ideas, designs, drawings, notes, computer programs, algorithms, documents, information, materials, improvements and inventions made, conceived, developed, created or first reduced to practice in the performance of the services under this Agreement shall be the sole and exclusive property of the CITY (the "Work Product").
CONSULTANT further agrees that the CITY is and shall be vested with all right, title and interest in the Work Product (including any patent, copyright, trade secret or trademark rights) under this Agreement. CONSULTANT shall have a perpetual irrevocable license to use and reuse detail elements and design elements incorporated into any Work Product without compensation or payment to CITY.
Request for Proposals - CDBG Grant Administration Services 7
4.Term
Either party may terminate this Agreement upon 30-day written notice to the other party for any reason or no reason. In the event the CITY terminates this Agreement, CONSULTANT shall cease all work immediately after receiving notice from the CITY unless otherwise advised by the CITY and shall notify the CITY of all costs incurred up to such termination date.
5.Independent Contractor
CONSULTANT is an independent contractor and is not an agent or employee of, and has no authority to bind, CITY by contract or otherwise. CONSULTANT will perform the professional services under the general direction of CITY, but CONSULTANT will determine, in CONSULTANT's sole discretion, the manner and means by which such services are accomplished, subject to the requirement that CONSULTANT shall at all times comply with applicable law. CITY has no right or authority to control the manner or means by which such services are accomplished.
6.Warranty.
CONSULTANT warrants that its services hereunder will be of a professional quality conforming to generally accepted industry standards and practices.
7.Indemnification by Consultant.
CONSULTANT will indemnify CITY against liability for:
(a)any action by a third party against CITY that is based on any claim that any Services performed under this Agreement, or their results caused damages to the third party, to the extent caused by the negligence, recklessness or willful misconduct of CONSULTANT; and (b) any action by a third party that is based on any negligent act or omission or willful conduct of CONSULTANT which results in: (i) any bodily injury, sickness, disease or death; (ii) any injury or destruction to tangible or intangible property (including computer programs and data) or any loss of use resulting there from; or (iii) any violation of any statute, ordinance, or regulation.
When the law establishes a professional standard of care for CONSULTANT’s Services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend and hold harmless CITY and any and all of its officials, employees and agents (“INDEMNIFIED PARTIES”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act of CONSULTANT, its officers, agents, employees or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this Agreement. The CITY agrees to hold harmless and indemnify CONSULTANT from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney’s fees, arising out of or in any way connected with the modification, misinterpretation, misuse or reuse by others of the Work Product provided by CONSULTANT which is the result of City’s action or negligence under this Agreement. The foregoing indemnification applies, without limitation, to any use of the project documents on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by CONSULTANT.
Request for Proposals - CDBG Grant Administration Services 8
8.Insurance Requirement.
(a) CONSULTANT shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the City Clerk, unless the Administrative Services Director, Gayla R. Chapman, 805-473-4550, waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverage.
1)Commercial general liability insurance including a contractual liability endorsement in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability, including a non-owned automobile endorsement;
2)Errors and omissions insurance to a minimum coverage of $500,000, with neither CONTRACTOR nor listed sub-consultants having less than $500,000 individually; 3)Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $2,000,000 per claimant. (b) CONSULTANT shall, prior to performance of any services, file with the City Clerk a certificate of insurance, on a City-approved form, certifying that the above insurance coverages shall remain in effect at all time during the term of this Agreement, or any extension thereof.
(c) CONSULTANT agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A-7 or better and shall bear endorsements providing that the policies may not be canceled or modified without thirty (30) days’ prior written notice to the City Clerk. CITY shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
(d) CONSULTANT agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name CITY, its City Council, officers and employees as additional insured and to provide that the coverages provided to CITY shall be primary and not contributing to or in excess of any existing CITY insurance coverages. (e) All insurance standards applicable to CONSULTANT shall also be applicable to CONSULTANT’s subcontractors. CONSULTANT agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the City Clerk.
9.Nondisclosure.
CONSULTANT acknowledges that CONSULTANT will acquire information and materials from CITY and knowledge regarding, without limitation, the business, products, finances, future plans, customers, clients, employees, and consultants of CITY and that all such knowledge, information and materials acquired, the existence, terms and conditions of this Agreement, and the Work Product, are and will be the trade secrets and confidential and proprietary information of CITY (collectively, the "Confidential Information"). Confidential Information will not include, however, any information which is or becomes part of the public domain through no fault of CONSULTANT, by operation of law, or that CITY regularly gives to third parties without restriction on use or disclosure. CONSULTANT agrees to hold all such Confidential Information in strict confidence, not to disclose it to others or use it in any way, commercially or otherwise, except in performing the services, and not to allow any unauthorized person access to it, either before or after expiration or termination of this Agreement. CONSULTANT further agrees to take all action
Request for Proposals - CDBG Grant Administration Services 9 necessary to protect the confidentiality of the Confidential Information including, without limitation, implementing and enforcing operating procedures to minimize the possibility of unauthorized use or copying of the Confidential Information.
10.Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.
11.Notice.
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
(a)City of Hollister: City Manager, 375 Fifth Street, Hollister, CA 95023. (b) Consultant: ________________________________________________________
12.Severability.
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
13.Assignment.
CONSULTANT may not assign CONSULTANT's rights or delegate CONSULTANT's duties under this Agreement without the prior written consent of the CITY. Any attempted assignment or delegation without such consent will be void.
14.Waiver.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
15.Equitable Remedies.
Because the services are personal and unique and because CONSULTANT will have access to Confidential Information of CITY, CITY will have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that CITY may have for a breach of this Agreement.
16.Entire Agreement.
This Agreement, together with its attached exhibits, constitutes the complete agreement between the parties and supersedes all previous agreements or representations, whether written or oral, with respect to the subject matter described herein. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. It is expressly agreed that any terms and conditions of CONSULTANT's invoices shall be superseded by the terms and conditions of this Agreement.
Request for Proposals - CDBG Grant Administration Services 10 In Witness Whereof, the parties hereto have executed the Consulting Services Agreement for CONSULTANT as of the date set forth in the first paragraph hereof.
CITY OF HOLLISTER CONSULTANT
_____________________________
Name
__________________________
David Mirrione
City Manager Title
Approved as to Form and Content:
___________________________
Mary F. Lerner, Attorney at Law
Request for Proposals - CDBG Grant Administration Services 11 Exhibit B
Federal Terms and Conditions
FEDERAL TERMS AND CONDITIONS:
During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply.
SECTION 3:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications.
NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
Request for Proposals - CDBG Grant Administration Services 12 EQUAL OPPORTUNITY:
During the performance of this Contract, the Contractor agrees as follows:
1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports
Request for Proposals - CDBG Grant Administration Services 13 shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS:
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
Request for Proposals - CDBG Grant Administration Services 14 INSURANCE: Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.
DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e): The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
1. Affirmative steps shall include:
i.Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii.Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v.Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):
Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safet y Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
Request for Proposals - CDBG Grant Administration Services 15 REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:
Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
1.Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).
2.Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):
The Contractor shall 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 (Pub. L. 94-163,89 Stat. 871).
D/MBE/WBE IMPLEMENTATION GUIDELINES:
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
1.The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
2.The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
3.The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
4.The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
Request for Proposals - CDBG Grant Administration Services 16
5.Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
6.To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep , or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.
AUDIT, RETENTION AND INSPECTION OF RECORDS:
The Contractor agrees that the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
Request for Proposals - CDBG Grant Administration Services 17 Exhibit C
Scope of Services
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August 12, 2024
City of Hollister
Attn: Renee Perales
375 Fifth Street
Hollister, CA 95023
Re: RFP-CDBG 2024-1: Consulting Services for Community Development Block Grant (CDBG) Management
Dear City Team,
Thank you for considering the Adams Ashby Group, Inc. in your Request for Proposal process. We appreciate the opportunity to support your upcoming projects and programs within the city. Enclosed, please find our proposal for your review and consideration.
In reviewing the Scope of Work provided, Adams Ashby Group, Inc. is well-prepared to deliver the services outlined. Our collective experience spans over 30 years in community development and management across various State and Federal Programs and 15 years of that has been working with the City of Hollister. Additionally, we stay abreast of the most recent changes in CDBG and look forward to guiding your next potential application(s).
As per the Request for Proposal, we have included all requested information and qualifications. Our enclosed proposal reflects accurate and truthful statements to the best of our knowledge. We commit to complying with all applicable State and Federal requirements to the best of our ability.
We look forward to the opportunity to collaborate with the City to train, implement and create new opportunities. Our commitment to excellence remains unwavering, and we look forward to contributing to the success of the City’s initiatives.
Warmest Regards,
Lorie Adams
Principal
[email protected]
Submitted via BidNet Direct
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B. A. Detailed History, Summary of Services & Experience
Adams Ashby Group: Your Trusted Community Development Partner
At Adams Ashby Group, our mission is to meet the unique needs of our clients. With a dedicated team and over 30 years of experience in community development services, we specialize in managing State and Federal funding including but not limited to Community Development Block Grant (CDBG) Programs and Projects , American Rescue Plan Act (ARPA) and Community project Funding (RPF). Our commitment extends beyond mere administration; we create an environment that allows us to proactively address both departmental and community concerns. Our Services Include:
• Identifying funding resources for municipalities
• Navigating state and federal requirements
• Efficiently delivering funds to accomplish vital programs and projects
We take pride in our expertise and look forward to continuing to put our experience to work for you. Thank you for considering Adams Ashby Group as your community development partner.
Mission Statement To collaboratively empower and uplift communities by fostering sustainable growth, enhancing economic opportunities, and strengthening municipal partnerships. Our commitment lies in creating vibrant neighborhoods, promoting self-sufficiency, and ensuring equitable development all while balancing
compliance with the Federal and State regulations.
Centrally located within the State, Adams Ashby Group is uniquely positioned to serve clients throughout the project lifecycle. From project inception to planning, design, funding access, and seamless project coordination, our team is committed to ensuring your program or project’s success while adhering to all necessary requirements and regulations.
Our Strengths:
• Experienced Leadership: Lorie Ann Adams and Paul Ashby have worked together for over 20 years, bringing over 30 years of community development experience and knowledge to the table.
• Proven Track Record: The projects and program experiences outlined in this document were successfully completed during our careers, and we have brought this wealth of experience to expand the Adams Ashby Group, Inc. • Full-Service Approach: As a comprehensive firm, we offer a broad knowledge base. Our firm is available to provide full services to the agency or can provide bridge services based on the current resources available at your community.
We eagerly look forward to the future and warmly welcome you as a valued part of it!
Adams Ashby Group
1000 Lincoln Road H212- Yuba City, CA 95991
916.449.3944 t
www.adamsashbygroup.com
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As the market evolves and government responses shift, municipalities face the challenge o f navigating funding sources for projects and program implementation. The Adams Ashby Group, Inc. specializes in community development services across the State of California. Our firm stands out due to our comprehensive understanding of the diverse needs within the communities we serve and the variety of funding sources we implement.
We offer a range of services to organizations, designed to facilitate the achievement of their goals:
1. Funding Assistance: We assist municipalities in identifying funding resources, ensuring that state and federal funds are accessible for various programs and projects.
2. Planning and Studies: Our team assists in accessing funding to complete essential planning and housing studies, providing valuable insights for community development. Additionally, our team can provide income surveys to support applications and need evidence requirements in applications.
3. Housing Program/Project Administration: We support the implementation and administration of housing projects, ensuring efficient and effective delivery of units including overlay implementation. Our team can also provide capacity building and training to staff for housing program implementation.
4. Federal and State Overlay Compliance: We navigate the complex overlay requirements, including labor compliance and HUD Section 3 for public works projects, to ensure seamless execution.
5. Environmental Studies: Our expertise and partnerships extend to environmental studies, addressing sustainability and community well-being.
Our experience as Adams Ashby Group, Inc. spans over 16 years of service in the field, during which we have built strong relationships and accessed vital resources. Let us guide your municipality in both short-term and long-term project planning and implementation. Below we have outlined the variety of funding we have assisted communities in obtaining and managing over our time in service.
Specialties for this Proposal:
For the City of Hollister proposal, Adams Ashby Group, Inc. would elect to provide services for the following programs:
1. CDBG – West Gateway Improvement Project Implementation and contract management. Including Labor Compliance, Section 3 Compliance, Contract Management, Program Income Support, and other components attached to the CDBG program requirements.
2. Grant Application Preparation – assist the City of Hollister in the review, public meeting requirements, strategy meetings, and other support for future applications.
3. Grant Management – provide full service or support as assigned for the management of future grant awards including support with environmental review, labor compliance, contract management, procurement, and other federal and state overlays depending on the funding source.
The table below outlines the state and federal agencies that we have grant writing experience in and continuously monitor to ensure critical dates and funding announcements are distributed to our clients. The Adams Ashby Group is your one stop resource for identifying an d securing state and federal funds.
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Grant /Program Management Services
Program Income management
Portfolio management
Project management
Funding management
Long Term Monitoring - HOME
Program and
Project Implementation Services
Housing rehabilitation programs
Home buyer programs
RDA 20 percent set-aside programs
TBRA Programs
NSP Programs and Projects
Planning and Community Studies
Program design and development
Economic development studies
Housing condition surveys
Special needs assessments
Income surveys
Public and community facilities
Compliance/Overlay Requirement Services
Federal and state
Labor
Environmental Services
CEQA
NEPA
Combination CEQA/NEPA
Phase I /Phase II
Grant /Funding Services
CDBG
HOME
EHAP
CalHOME
State bond programs
Small Community Grants Program
USDA – Rural Development
Caltrans
Safe Routes to Schools (State and
Federal)
STIP and RTIP
Department of Parks and Recreation
Roberti Z’Berg Harris Program
Land and water conservation fund
Recreational trail program
I Bank
Department of Water Resources
State Water Resources Control Board
CalRecycle
Department of Transportation
Environmental Protection Agency
Department of Homeland Security
Department of Justice
Environmental Protection Agency
Project Development
Recreational Trail
Park Development
Infrastructure Project Development
Water, Sewer, Storm Drainage, etc.
Lighting
Public Safety Facilities
Multi-Family Housing
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Grant Programs
The Adams Ashby Group recognizes the importance of securing financial assistance for municipalities and can provide your community with the necessary resources and expertise to secure both private and public funding. As with any program or project, locating and securing funding is the key component to its success. Now more than ever, organizations must put priority projects and programs on the shelf due to the lack of available monies in budgets. Our team monitors funding agencies and resources to ensure available grant and loan program s are examined to provide our clients with as many opportunities as possible. Our goal is to leverage funding to the highest extent possible at the least cost to the community.
Grant / Program Management Services
Managing grant programs and funding is essential to the success of a grant awarded to a community, as performance can determine future awards and grant management must be a priority. Once a program has been completed, residual management of Program Income, Portfolio’s and Long-Term Monitoring are required and must continue. The Adams Ashby Group is trained and maintains certifications by HUD and other agencies to effectively provide these services to your agency and ensure compliance.
Program and Project Implementation Services
There are a variety of programs and projects that can be implemented with grants funds depending on your community needs whether a housing program or public works project. Our goal is to assist in the development, visioning and implementation or your programs and projects.
Adams Ashby Group is prepared to implement your programs and projects and assist you in accessing the required funding to meet the needs of your community.
Planning and Community Studies:
Planning is always the first step in any project and understanding the va riety of factors are critical to accessing funding. The New CDBG Over the Counter Process requires applicants to be “Shovel Ready” at applications which request the following:
• Plans & Specs completed and ready to bid within 90 days of the State Contract being awarded
• Environmentals complete, published and ready to submit the Authority to Use Grant Funds • All permits obtained or in process and ready to be issued prior to contract award • Complete cost estimate
• Site control
The Adams Ashby Group will provide focus and assist your community managing the PTA process to provide the above compliance to access funding to complete project. At the Adams Ashby Group, we have been successful throughout our careers in accessing planning dollars, with more than $800,000 secured for communities, which has resulted in a variety of community planning studies and reports that have led to CDBG Projects.
Compliance/Overlay Requirement Services
Each granting agency has specific compliance and overlay requirements; for example, environmental, equal opportunity, Buy American, State prevailing wage, Davis - Bacon labor standards and relocation requirements. Managing and having complete records of compliance is critical to ensure your project or program will not fail to meet these requirements. In some
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instances, failure to meet the requirements could result in a loss of funding or repayment of funds to the granting agency. The Adams Ashby Group meets these requirements for our clients to ensure compliance.
Environmental Services
Throughout their professional years, Ms. Adams and Mr. Ashby have completed the necessary environmental clearances for a variety of housing projects, programs, and public works projects.
Depending on your project needs, the following demonstrates the level of environmental services that the Adams Ashby Group can provide: CEQA Initial Study, NEPA Statutory Worksheet, Environmental Assessment, 8-Step Flood Impact Analysis, Environmental Findings Form, and HUD required environmental documents, and all public processes triggered by each. For high level CEQA and NEPA services Adams Ashby Group has developed relationships with firms to provide services based on the project needs.
Project Development
Throughout our careers we have been instrumental in guiding municipal agencies in the development and implementation of various projects and programs. We understand the steps necessary to produce an idea from an initial thought to the actions needed to develop, fund, and construct. The Adams Ashby Group can assist you in developing ideas and visions into completed projects.
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Successful Funding Experience
Funding Agency/Program Funding Managed
CalTrans Transportation Enhancement Program $294,000
CalTrans Safe Routes to School - State and Federal $1,715,000 CalTrans Bridge Replacement Program $428,000
CDBG - Project and Program Funds $42,000,000
CDBG - Planning Technical Assistance $1,200,000
CDBG - Planning Technical Assistance - ED $135,000
CalHOME - First Time Homebuyer Program $900,000
HOME - OOR, FTHB, and TBRA Programs $18,676,000
HOME - First Time Homebuyer Project $500,000
EHAP - Capital Development Project $1,000,000
California Integrated Waste Management Board - Tire Derived Grant Program $292,000
DWR - Prop 13 Water Project $2,300,000
DWR - Proposition 50 Funds $7,000,000
Department of Park and Recreation - Park/Trail Funding $973,000 USDA - Water and Sewer Infrastructure Program $7,700,000 Stewardship Council - Park Funds $300,000
First 5 - Fresno County - Park Funds $1,500,000
Board of Reclamation - Water Project $80,000
Joe Serna, Jr. Farmworker Housing Grant Program $2,000,000
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Program and Project Implementation and Awards
City of Anderson:
09-STBG-6409
09-STAR-6382
10-STBG-6698
CDBG-R
20-CDBG-CV1 & CV2/3
City of Capitola:
14-CDBG-9877
20-CDBG-CV1 & CV2/3
HOME LTM (1)
City of Clearlake:
14-CDBG-Contract
17-CDBG-Contract
17-CDBG-DR-MHP
CDBG-DR-INF/MIT
HOME LTM (2)
City of Colfax:
10-STBG-6708
17-CDBG
20-CDBG-CV1
City of Crescent City:
10-STBG-6708
10-EDEF-7253
12-CDBG-8380
14-CDBG-9880
16-CDBG-11136
17-CDBG-12092
20-CDBG-CV1
22-CDBG-OTC
City of Gilroy:
CAPER/Annual Plan
CDBG Allocation
HOME Allocation
CDBG CV 1/2/3
City of Grover Beach:
13-CDBG-8961
17-CDBG-12027
20-CDBG-12013/14
20-CDBG-12061
20-CDBG CV1 & CV2/3
13-HOME-Contract
City of Gustine:
USDA Public Infrastructure (2)
USDA Community Facilities (2)
City of Hollister:
13-CDBG-8956
17-CDBG-12098
20-CDBG-12015
98-HOME-0308
14-HOME-10035
HOME LTM (2)
City of Jackson:
USDA Allocation
20-CDBG-CV1 & CV 2/3
CDBG PI Lateral Program
City of King:
17-CDBG-12024
21-CDBG-PL-30009
City of Red Bluff:
13-CDBG-8936
20-CDBG-12035
20-CDBG-CV 2/3
CDBG PI
14-HOME-Contract
12-HOME-8567
HOME LTM (3)
City of San Joaquin:
14-CDBG-9886
17-CDBG-12026
21-CDBG-NH-20001
USDA Public Infrastructure (2)
City of Susanville:
16-CDBG-11145
County of Calaveras:
16-CDBG-11148
20-CDBG-12008/009
20-CDBG-12076/77
CDBG PI
HOME PI
County of Nevada:
2017-CDBG-
2018-CalHOME
2018-HOME-Contract
County of Tehama:
10-STBG-6740
13-CDBG-Contract
18-CDBG-12935
City of Dinuba:
15-CDBG-10560
18-CDBG-12906
20-CDBG-12005/06
CDBG-CV1 & 2/3
City of Firebaugh:
09-STAR-6389
10-STBG-6714
14-CDBG-Contract
12-CDBG-8387
15-CDBG-10568
17-CDBG-12016
18-CDBG-12911
20-CDBG-1200
20-CDBG-CV1 & CV 2/3
06-HOME-2485
07-HOME-3499
08-HOME-6993
11-HOME-7668
18-HOME-Contract
USDA Public Infrastructure
USDA Community Facilities
Safe Routes to School
Roberti Z’Berg Harris
ARRA
CalHOME
Caltrans Planning Grants
20-CDBG-12002
20-CDBG-CV1 & CV2/3
HOME LTM (1)
City of Lakeport:
14-CDBG-Contract
17-CDBG-12018
09-HOME-6212
12-HOME-8576
21-CDBG-ED-10009
17/18 CDBG-DR-MHP
USDA Public Infrastructure (2)
USDA Community Facilities (2)
City of Lincoln:
13-CDBG-8950
11-CalHOME-8202
City of Livingston:
13-CDBG-8960
16-CDBG-11142
20-CDBG-12003
20-CDBG – CV1 & CV 2/3
13-HOME-9014
City of Marysville:
20-CDBG-12085
20-CDBG-CV1 & CV 2/3
City of Orange Cover
12-CDBG-8403
13-CDBG-8961
20-CDBG-CV & CV 2/3
08-HOME-4709
County of Tuolumne
2013 NSP/NDR
County of Yolo:
12-CDBG 13-CDBG
10-HOME-6838
Entitlement Programs:
City of Gilroy City of Watsonville
County of San Joaquin
HOME LTM Only:
City of Avenal
City of Chowchilla
City of Gardena
City of Grass Valley
Town of Mammoth Lakes
City of Newman
City of Oroville
City of Scotts Valley
City of Soledad
City of Tulare
City of Wasco
City of Willows
City of Woodlake
County of Del Norte
County of Lake
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B. Policy on Affirmative Action/Conflict of Interest Statement/Drug Free Workplace
Adams Ashby Group, Inc. is an equal opportunity employer. Our policy is to recruit, hire, and promote based on qualifications and merit without regard to race, color, ethnicity, nation al origin, religion, gender, sexual orientation, disability, or marital status.
Adams Ashby Group is incompliance with Executive Order 11246.
We are Drug-Free Workplace and maintain the requirement in force that meets required state and federal overlay regulations.
UEI Number Verification
General Insurance / Professional Insurance / Workers Compensation
Adams Ashby Group Insurance Coverage is provided by USAA Insurance Agency – Hartford Casualty Insurance Company. The policy information is as follows:
General Liability: 65 SBA NW 6130 6/01/24 – 6/01/25 Each Occurrence $1,000,000 Fire Damage $300,000
Med Exp $10,000
P & ADV $1,000,000
General Agg. $2,000,000
Products –Comp $2,000,000
Automobile Liability: 65 SBA NW6130 06/01/23 – 6/01/24 Combined Single $1,000,000 Errors & Omissions Insurance: 596466820 5/19/23 -5/19/24 Single Limit $1,000,000 State Farm Workers Compensation Policy: 90-CL-E629-8 Each Occurrence $1,000,000
Small Business Certifications
The Adams Ashby Group has received a Small Business Designation from the State of California.
Certification #1059345 Effective from July 22, 2009 – Present
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C. Experience of Firm and Team
Since our establishment in June 2009, the Adams Ashby Group has been a cornerstone in community development. During this time, we have cultivated strong relationships with our clientele, many of whom consistently renew contracts with us.
Allow us to introduce our key team members:
Lorie Adams: A seasoned professional, Lorie has been immersed in funding under State and Federal programs since 1991, during her tenure as a City Clerk and city employee. Her expertise extends to program implementation and management. Before co-founding Adams Ashby Group with Paul Ashby, Lorie served as Director for two consultant firms. Her commitment to community development is evident through her active involvement with the CDBG Advisory Committee, the Design Review Team, and her role as a Planning Commissioner in her local community. Lorie has also conducted training sessions during CDBG Conferences, and is always generously sharing her knowledge with colleagues. Her diverse experience includes constructing Head Start Centers, Community Resource Centers, Fire Stations, upgrading Water and Sewer Treatment Facilities, managing public services, and providing staff training.
Paul Ashby: As the co-founder of Adams Ashby Group, Inc., Paul brings an unparalleled level of service to our clients. His diverse experience encompasses not only constructing Community Centers, upgrading Water and Sewer Treatment Facilities, assisting communities with the development of public services, and coordinating teams to meet the capital improvement goals of the community but also supports direct HUD funding communities (entitlements) in navigating the complexities of the Con/Annual Plan and IDIS requirements. Together, Lorie and Paul offer a wealth of expertise to support your team’s needs.
Beth Dodd: Community Development Analyst with over 3 years at our firm, Beth specializes in grant applications, management, and federal regulation compliance. Her expertise ensures that our projects align seamlessly with funding requirements and fiscal responsibilities are met at the highest level.
Supportive Team:
Dawn McGee: Dawn provides essential administrative support and plays a crucial role in project monitoring. Her attention to detail keeps our operations running smoothly.
Brenda Bray (Labor Compliance Analyst): Brenda has been with us for over 3 years, diligently assisting our projects with compliance. Her dedication ensures that labor regulations are met, contributing to successful outcomes.
Our team understands the intricacies of managing both Federal and State Regulations, critical for successful project implementation. We are committed to ensuring that you never have to worry about “paying money back” due to minor oversights or errors. Our systematic approach ensures that steps are taken in the right order, communication is clear, and the necessary information is captured. Our efficient file management system will also ease your moni toring requirements.
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Education
Certifications
Professional
Affiliations
Project Experience
Lorie Ann Adams
Principal
AA, Business Administration, Axia College/Yuba College
BS, Business - Public Administration, University of Phoenix HUD HOME Expert Certification (2006)
School of Real Estate Graduate (2001)
CDBG/HOME Annual Workshop/Training Programs (1992-Present) HUD Environmental Training Program (2001 - 2009)
HUD Relocation Training (2002- 2009)
Environmental Training Courses, University of Davis (2005,2006) AJI Network, Santa Clara CA (2005-2006)
Labor Compliance Workshops HUD/DIR (2004-2013)
Landmark Education (2006,2007,2009)
League of California Cities Annual Conference (2006-2013) CalTrans Local Assistance Training (2006-2009)
National Grants Management Association Member (2005-2009) CDBG Advisory Task Force (1992-1995, Current)
Live Oak Chamber of Commerce Board Member (1992-1995)
Yuba Sutter Chamber of Commerce (2006-2008)
HOME Advisory Task Force (Current)
Yuba City Planning Commissioner (Current)
Maldonado Regional Park, City of Firebaugh
7-acre regional park project totaling $5.2 million dollars in funding from federal and state sources. Provided the city with funding from 8 sources to complete the project. All aspects of implementation were managed by to ensure compliance for each funding source including reporting, funding draws, environmental compliance, labor compliance, procurement and other Federal and State regulations.
The facility now provides a skate park, splash park, three ball fields, regional soccer facilities, park and ride lot, basketball counts, community garden, and a quality of life to the residents.
Department of Water Resources, City of Firebaugh
Assisted the community in updating an application previously submitted to obtain funds for the replacement of water infrastructure lines within the downtown. The project total was $2.2 million in funding and has resulted in additional funds being awarded to the agency to expand the project. Provided the city with management of the project overlay requirements, procurement process, administration, labor compliance and environmental compliance for the project.
USDA Rural Utilities Services Program, City of Biggs
Completed pre-application and application for a project totaling $5.2 million in funding for the replacement and rehabilitation of the entire community’s water infrastructure. The project installed 42,000 lf of water line, updated water meter network including billing program, developed a new well, and increased fire flows from 20 to 60.
Managed federal overlay requirements for the project including procurement, fund requests, reporting, environmental clearance, labor compliance, and contract amendments. Application received the only grant award in the tri-county area. The project additionally was combined with other state and federal funds to complete all street paving, pedestrian pathways, bike lanes and storm drainage improvements.
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Dee Ree-Richards Road Water/Sewer Infrastructure Project, City of Live Oak
Funded through the CDBG program, obtained funds and managed the project with the City Engineer. The project provided city water and sewer connection to an area recently annexed. The project provided a looped system as well as requiring the abandonment of septic and well systems. Provided administration of the funding program, requirements under Davis Bacon and other federal overlays as required, obtained and managed all right-of-way easements, and conducted income analysis for participants receiving grant funding for lateral connections.
Head Start Center, City of Live Oak
Approached by Head Start Director, Joann Aiello for needed space in the City for the program after losing their lease; I provided the vision, secured funding, and supervised the development team and project construction, which used $500,000 from CDBG and $100,000 of local leverage to build a new facility. This was the second project in the State of California awarded funds under the CDBG program for Head Start Centers.
Community Development Block Grant Program
Have completed 45 applications under the General Allocation Programs and 35 applications under the Planning Technical Assistance Program, each receiving award, totaling $33 million in funding.
Applications include Housing Rehabilitation, First-Time Homebuyer with or without Rehabilitation, Community Facilities, New Housing Construction, Public Works and various planning grants as outlined above. Also completed program administration and implementation of all environmental and other overlay requirements.
HOME Investment Partnership Program
Completed 22 applications under the HOME Program, each receiving award, totaling $7.9 million in funding. Applications included Owner- Occupied Rehabilitation, First-Time Homebuyer, Tenant-Based Rental Assistance, and Renter-Occupied Rehabilitation. Completed program administration and implementation of all program requirements including environmental and other overlay requirements as outlined in the Federal Regulations.
CDBG-DR- MHP Housing Projects
As a vital member of the Adams Ashby Group (AAG), I successfully managed the implementation of the Town of Paradise’s Community Development Block Grant Disaster Recovery (CDBG-DR) Multifamily Housing Program (MHP). Our responsibilities included preparation of the Request for Projects, holding community meetings, meticulously reviewing seven project applications, completing the underwriting process, making informed funding recommendations, and providing unwavering support to the Town throughout the execution of all seven projects (4 underway). The CDBG-DR-MHP funding for the Town exceeded $60 million, and we are working to ensure strict compliance with State and Federal requirements at every stage of the process.
CDBG-DR- MHP Housing Projects
As part of our commitment to community safety, I successfully oversaw the construction and completion of the Willits Fire Station on behalf of the district. This state-of-the-art facility now stands as a vital hub for emergency response, serving the residents of Willits and surrounding areas. The project involved meticulous planning, collaboration with stakeholders, and adherence to strict standards. The Willits Fire Station represents our unwavering dedication to enhancing public safety infrastructure.
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Education
Certifications
Experience
Project Experience
Paul Ashby
Principal
BS, Community and Regional Development with an emphasis in Policy and Planning, University of California Davis (2006)
CALED – Keys to Successful Economic Development Certification (2009) Redeveloping California’s Brownfields Workshop (2007,2008) CDBG/HOME Annual Workshop/Training Programs (2006-Present) HUD Environmental Training Program (2006 - Present)
Department of Labor Davis Bacon (2010-Present)
Section 3 Training (2015 – Current)
Community Development Manager
California Engineering Company
April 2006 – May 2009
As community development manager, oversaw a staff of five and ensured project/program efficiency and completeness. Performed as the primary grant writer at the firm and successfully retained more than $15 million for various clients throughout the state. Provided expertise to clients for grant funding from various state and federal agencies, including but not limited to: HCD, HUD, USDA, DWR, Caltrans, Parks and Recreation Department, and more. Additionally, oversaw the majority of proposals in response to Request for Proposals and Request for Qualifications for community development services.
New Fire Station, City of Firebaugh
Worked with city officials to apply for and receive over $5 million in CDBG funding for the construction of a new fire station. Duties includes: Application development, project management, procurement of architect, assist with bidding process, NEPA clearance, prevailing wage compliance, financial management and all reporting to the State.
Waterline Replacement Projects, City of Grover Beach
Assisted the City with applying for and successfully obtaining grant funding in 2013, 2017 and 2020 to complete waterline replacement projects to eliminate aging infrastructure in the City’s distribution system. All projects involved project management, NEPA clearance, federal procurement, Davis Bacon compliance, Section 3 compliance, financial management and federal/state reporting overlays.
Community Development Block Grant Program – Non-Entitlement Completed well over 50 applications to the non-entitlement CDBG program which have included Housing Rehabilitation, First-Time Homebuyer with or without Rehabilitation, Community Facilities, New Housing Construction, Public Works and various planning grants as outlined above. Also completed program administration and implementation of all environmental and other overlay requirements for the majority of grants that have been funded.
Community Development Block Grant Program – Entitlement Acted as the program administrator for multiple jurisdictions that participate in the HUD CDBG entitlement program. Well versed and experienced in the follow components of the entitlement program: IDIS management, vouchers, project/activity setups, Annual Action Plan, Consolidated Plan, CAPER, HEROS (NEPA compliance in HUD’s portal) and much more.
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Education
Knowledge
Professional
History
Elizabeth Dodd
Community Development Analyst
San Diego State University
Bachelor of Science in Applied Arts and Sciences, With Distinction Criminal Justice, Magna Cum Laude
Yuba Community College
Associates of Social Science, Political Science and Government Associates of Social Science, Sociology
Federal regulations related to CDBG, ESG, and other federal grant programs using 2 CFR Part 200
Strong analytical skills for program evaluation and compliance.
Excellent communication and interpersonal abilities.
Experience with financial and programmatic record-keeping.
Familiarity with HUD reporting requirements.
Adams Ashby Group
2020-Present
Analyst
As a dedicated Community Development Analyst, specialize in administering federal and state grant programs related to community development. My focus areas include the Community Development Block Grant (CDBG) program, Emergency Solutions Grant (ESG), and other relevant grants. I ensure that these programs are effectively executed while adhering to federal and state regulations and City requirements.
Key Responsibilities:
• CDBG Program Administration
• Distribute and assist with the reimbursement of CDBG funds across various activities.
• Ensure compliance with the requirement that the majority of beneficiaries from CDBG projects are low- to moderate-income individuals.
• Plan, manage, monitor, and evaluate program activities. • Conduct surveys to assess program compliance.
• Oversee sub-recipients’ budgets, expenditures, and performance. • Ensure City departments comply with federal regulations.
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ESG Program Oversight:
• Distribute ESG funds to nonprofit service providers for eligible activities. • Coordinate nonprofits’ application process, contract setup, and scope of work.
• Monitor grant budgets, approve payments, and review performance reports.
• Maintain accurate records in the HUD Integrated Disbursement and Information System (IDIS).
• Score applications for jurisdiction
• Additional Responsibilities:
• Administer other relevant grants (e.g., Homeless Housing, Assistance and Prevention Program, Permanent Local Housing Allocation). • Assist in developing reports (Consolidated Plan, Annual Action Plans, Consolidated Annual Performance Report) for HUD.
• Conduct environmental reviews for small projects.
• Respond to requests for information and engage with the public. • Facilitate community meetings to assist groups in accessing CDBG funding.
• Supervision and Collaboration:
• Supervise staff within the Housing and Community Development workgroup.
• Collaborate with various City Departments to achieve program goals.
Home-ARP
• Complete Application, including gathering required documentation and data and well as writing narratives.
• Develop application process for subrecipients.
• Score applications.
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Education
Professional History
Brenda Bray
Adams Ashby Group, Inc. - Labor Compliance Analyst
Yuba College-Early Childhood Education
San Diego Job Corps Vocations Trade School
Adams Ashby Group
2021-Present
Labor Compliance Analyst
Supports clients when implementing DOL and DIR Prevailing Wage requirements for a variety of public infrastructure and facility projects.
Oversees and implements the required regulations under HUD, DOL, DIR, and local requirements related to Labor Compliance. Attends pre-bid and pre-construction meetings to ensure that all expectations are made clear at the beginning of each project. Communicates with each General Contractor and subsequent Sub-Contractors to obtain the required documentation, payrolls, training funds, and apprenticeship certifications. Reviewed good faith efforts to ensure MBE/DBE and Section 3 compliance. Audits each payroll submitted for accuracy and to confirm the proper wages are being paid. Produce monthly reports outlining findings & required corrections to maintain compliance with the funding agency. Provide information to the general and subs when wage discrepancies are found and ensured restitution is paid accordingly. Should an audit occur I aid in gathering and organizing the requested information to expedite the audit process with minimal impact to ensure our clients remain in compliance and in good standing with the funding agency.
North Star Construction & Engineering
2017-2021
Payroll/Accounts Payable Clerk:
Reviewed employee time and attendance records to ensure compliance with state regulations. Processed weekly payroll using QuickBooks and prepared certified payroll reports. Maintained employee/vendor information for accurate distribution. Monitored the status of accounts payable to facilitate efficient processing . Analyzed, audited, and resolved any AP/Payrolls discrepancy to ensure accurate and timely payment. Responsible for performing routine clerical work and preparation of payroll reports and account reconciliation reports.
Continually screened for changes or updates to Federal and State prevailing wage standards and wage rates.
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Marysville Joint Unified School District
2014-2017
Classroom Paraprofessional & School Librarian:
Discussed and assigned duties daily with the classroom teacher to coordinate instructional efforts. Presented subject matter to students using lectures, discussions, and role-playing methods. Instructed in small groups to exercise letter sounds, words, colors, and basic social skills boosting their confidence and performance scores. Administer and assist students in classrooms, halls, cafeterias, school yards, gymnasiums, and on field trips. Utilized a variety of behavior management techniques and strategies to develop and promote desired behaviors. Processed the returning and checking out of books including sorting and shelving books as they came in and out of the library. Planned and organized regular Book Fairs. Instructed and monitored students in the use and care of equipment and materials in order to prevent damage and frustration.
Bank of the West
2006-2011
Assistant Customer Service Manager:
Grew and nurtured customer relationships upon contact resulting in measurable customer value. Monitored the daily activities and effectively communicated with team members to maintain clearly defined expectations. Received, recorded, and banked cash, checks, and vouchers as well as reconciled records of the bank. Assist the Customer Service Manager with branch personnel issues such as employee counseling, balancing cash drawers and the bank vault, and resolving any scheduling conflicts. Supported the Branch Manager in supervising branch personnel with sales and marketing and customer disputes.
American Equipment Rentals & Sales
2002-2006
Credit and Collection Manager:
Established and implemented an accounts receivable process.
Created a working policy for employees to follow to enable the protection of company assets. Organized and maintained all collection and court case files. Appeared in small claims court on behalf of the company, following through on the settlement of cases. Collaborated with attorneys as needed when larger court claims were needed. Filed and maintained all preliminary notices and lien releases and bankruptcy files. Prepared monthly debt and aging reports, conducted monthly meetings and audits, and modified contracts as needed.
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D. Training and Staff Development
Over the past 20 years, we have amassed extensive experience in training staff on the implementation of Federal funding through the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs.
Our work with the City of Crescent City exemplifies this expertise. We have meticulously developed their policies and procedures, dedicating numerous hours to training and developing their staff. This comprehensive training has enabled them to independently manage their programs, with our role now limited to providing backup support. The staff is now proficient in implementing contracts upon award and developing grant applications, showcasing their capability to operate their programs autonomously. The City elects to retain our services for Labor Compliance, Section 3 Compliance and developing strategies for application submittals and Grant Application support as their resources are better spent in other areas.
Contact:
Bridget Lacey, Grants & Economic Development Coordinator City of Crescent City
(707)458-4814
[email protected]
Additionally, we have collaborated with the County of San Joaquin Housing Department to enhance their Housing Rehabilitation and Homebuyer Program. The training focused on critical aspects such as income verification, inspection, work write -up, and project management for the direct Federal allocation of CDBG and HOME funding. Through extensive hands-on training, the staff has successfully developed the skills necessary to manage and implement these programs. They now process over 10 projects annually under each program, demonstrating their operational efficiency and effectiveness. My experience in training and developing staff in these areas underscores our ability to build competent teams capable of managing Federal funding programs independently . The County of San Joaquin receives funding directly from HUD as an entitlement community and has passed all monitoring with no findings.
Contact:
Chris Becerra
County of San Joaquin, Retired Management Analyst III
Neighborhood Preservation
(209)242-1590
[email protected]
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E. Reference and Project Listing
Below we have included a list of references and a brief overview of projects completed by Adams Ashby Group.
City of Firebaugh
Ben Gallegos, City Manger
Rita Lozano, City Clerk
1133 P Street
Firebaugh, CA 93622
Phone: (559) 659-2043
We have worked with the City for over a period
of 10 years assisting with the implementation of
the various housing programs and a variety of
infrastructure projects in the City including
Planning Studies. Administration and
implementation of more than $15 million in
infrastructure projects including labor
compliance. We have prepared numerous
applications for funding under DWR,
Stewardship Council, RZH and Park Funds,
HOME, CDBG, and Caltrans. We provide data
and support information to ensure the housing
element recommendations are implemented
as well as development of strategies based on
the current needs of the community.
09-STAR-6389: CDBG-R
Public Infrastructure Project
10-STBG-6714: Public Infrastructure Project
11-PTEC-7623: Planning Technical Assistance
12-CDBG-8389: Public Infrastructure Project
15-CDBG-10568: Public Infrastructure Project
17-CDBG-12016 – Public Infrastructure Project
18-CDBG-12995 – Public Infrastructure Project
20-CDBG-12000 – Public Facility Project
22-CDBG-NH-00014 – Public Service Program
City of Lakeport
Kevin Ingram, City Manager
225 Park Street
Lakeport, CA 95453
Phone: (707) 263-8841
The Adams Ashby Group provides the City of
Lakeport with support in administering and
delivering the city’s housing programs and
public infrastructure projects using CDBG,
HOME, and USDA funding for a total of $10
million dollars. In the most recent CDBG award,
we procured funding to complete a Planning
Technical Assistance Project to complete the
Forbes Street Neighborhood Study that is
currently underway. Throughout our work with
the City, we have provided the following: on-site
training for staff, update and submission of
program guidelines, complete environmental
documents, Section 3 implementation, project
reporting, and administration through closeout
and program audit with no Findings.
2010- CDBG: Neighborhood Improvement Study
2014- CDBG: Business Assistance Funds
2017- CDBG: Business Assistance
2018 – CDBG: Infrastructure Improvements
20-CDBG-CV 1 and 2/3: Community Center
2021 – CDBG: Economic Development
2022 – CDBG: Housing Planning Grant
CDBG Pi: Carnegie Hall and City Hall ADA Projects
CDBG-DR-MHP: Project Development – 2 Projects
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County of Tehama
Tom Provine
Administrative Analyst
Direct: (530) 527-4655 x 3027
The County of Tehama is implementing multiple
CDBG contracts to support the construction of
the PATH Resource Center in the City of Red Bluff.
The project has used various CDBG awards from
the general cycle as well as the CDBG-CV
funding sources to complete the complex
project. The project has span the years from 2018-
2024 and is nearing completion. Adams Ashby
Group is has assisted the County in accessing
funding, navigating the complexities of sub-
recipient contracts, federal overlay requirements
related to environmentals, labor compliance,
HUD Section 3, budget shortfalls, and project
changes.
Additionally, our team has assisted the County
with a planning grant and upcoming application
to support the Sky View Water District multi-million
dollar improvement project. The project has
been in the planning stages since 2014 and is
nearing the construction phase. The County is
committed to supporting the project and we are
looking forward to assisting the team in
implementation.
08-HOME-4709: FTHB/OOR Program
09-PTAG-6507: Planning Grant
10-STBG-6740: Housing Rehabilitation
18-CDBG-12935: PATH Resource Center
20-CDBG-CV1-00033: Economic Development
20-CDBG-CV2-3-00116: PATH Resource Center
City of King
Steve Adams
City Manager
Main Office: (209) 468-3175
Direct: (209) 468-3152
Fax: (209) 468-9575
We have worked with the City for over a period
of 7 years assisting with the implementation of
the various federal and state funding programs
to include a variety of infrastructure projects
and a Planning Study. Administration and
implementation of more than $5 million in
infrastructure projects including labor
compliance and other Federal overlay
requirements. We have prepared numerous
applications for funding under the CDBG
programs. We are currently assisting the city in
implementing the following funding:
20-CDBG-12002: Sidewalk Improvements
21-CDBG-PL-30009 Sewer Project Planning
2018 Park Bond Act Downtown Park Plaza
Community Project
Funding 2022 Downtown Street Scape
20-PLHA Funding Housing program/project
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E1. SCOPE OF WORK
Our team is ready to provide the City of Hollister with a full service plan and we are experienced to perform the following activities, ensuring full compliance with Federal Regulations for this grant contract - 2 CFR Part 200:
A. Staff Training
(2 CFR §200.303, §200.331 and §200.430, Subpart E and F) We will provide comprehensive training to your staff, ensuring they are fully equipped to complete the tasks outlined in this scope of work. This training will focus on the specific requirements of the program and will include detailed guidance on financia l management, report preparation, and administrative procedures. We will also assist in the required elements of the bid, construction and prevailing wage compliance processes are trained to the appropriate staff to understand the integration necessary for compliance.
B. Financial and Performance Reporting
(2 CFR §200.327, §200.328, and §200.329 and Subpart F)
We will ensure the accurate completion and timely submission of all required financial and performance reports, including monthly, quarterly, annual, and close-out reports. These reports will be prepared in accordance with all federal and state regulations, ensuring full compliance with the relevant standards. We will work with each department to ensure proper accounting, documentation and draws are provided to the State for reimbursement. We are also prepared to provide Program Income reporting support as needed.
C. Public Meetings
(2 CFR §200.342 and State Citizen Participation Requirements) Upon request, our team will attend all relevant public meetings to provide support and representation for your organization. Our presence will ensure that all necessary information is communicated effectively, and that any public concerns are addressed in compliance with applicable regulations and State requirements. We will prepare required presentations, handouts, and Council Memorandums. We additionally provide all publication documents in English and Spanish.
D. Administrative File Management
(2 CFR §200.333 and §200.337 and Monitoring/Audit Requirements) We will ensure that all administrative files are properly maintained and assist your staff in developing procedures for ongoing monitoring and management of these files. This will include the establishment of a system for tracking key documents and ensuring they are readily accessible for review. We have moved our document storage process to electronic and keep mirrored files in our system to ensure a complete set is provided to the City at closeout.
E. Establishment and Maintenance of Administrative Files (2 CFR §200.333 and §200.336 and Monitoring/Audit Requirements) Our team will establish and maintain all required administrative files, including the Public Information Binder. This will ensure that all necessary documentation is properly organized
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and maintained in accordance with federal and state requirements. This can be a hard file or electronic and provided on the City website, if possible.
F. Monitoring Participation and Advocacy
(2 CFR §200.332(d) and §200.338)
Our consultants will participate in any required monitoring by the State or other agencies, providing all necessary documents and files for review. We will advocate on behalf of your organization to the maximum extent appropriate, working to resolve any monitoring findings that are within our control.
G. Close-Out Manual Preparation
(2 CFR §200.343 and §200.344)
We will prepare a detailed close-out documents that will guide your organization after the project has been completed. We will provide all documents needed for archive and will outline your ongoing program responsibilities and will include pertinent information developed by the State-CDBG program.
H. Program Milestone Monitoring
(2 CFR §200.328)
We will monitor program milestones, prepare a timeline to supervise staff, and recommend any necessary amendments to ensure the program remains on track and in compliance with all requirements.
I. Communication Facilitation
(2 CFR §200.331 and §200.338)
Our consultants will facilitate effective communication between your organization and all relevant State-CDBG personnel. We will ensure that all communications are clear, timely, and in compliance with all applicable regulations. We do require participation from the City as we are not able to perform without the City being included per State requirements.
J. Compliance with Federal and State Requirements
(2 CFR §200.300 and §200.301)
We will keep your organization informed of all applicable federal and state requirements related to the program funds, and facilitate the meeting of these requirements to ensure full compliance.
K. Contractor/Subcontractor Eligibility Verification
(2 CFR §200.318(h) and §200.319)
We will verify the eligibility of all contractors and subcontractors through the State Contractor’s Licensing Board and the Federal debarred list. We will ensure that all information is kept neat and orderly in individual contractor/subcontractor files.
L. Certification Statements and Contract Language Requirements (2 CFR §200.326 and §200.317-§200.327)
Our team will provide contractors and subcontractors with the required certification statements and contract language requirements, ensuring compliance with all applicable federal and state regulations. This includes Federal and State prevailing wage information and HUD Section 3 requirements as applicable.
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M. Invoice and Change Order Processing
(2 CFR §200.302 and §200.305)
We will assist in processing contractor/consultant invoices and change orders, ensuring that all financial transactions are handled in a timely and compliant manner. We will provide support to the engineering team related to cost reasonableness analysis and documentation.
N. Timely Document Submission
(2 CFR §200.343 and §200.328)
We will ensure that all required documents are submitted in a timely manner, in full compliance with the deadlines and standards set by the relevant authorities. We will require support and assistance from the City team to ensure this can be attained accordingly.
Methodology
To ensure the successful completion of this scope of work, we will implement the following methodology:
1. Initial Assessment and Planning: We will begin with a thorough assessment of your organization’s current practices and needs. Based on this assessment, we will develop a detailed work plan and timeline to guide our activities. We will set a task listing and allocate our team as needed and identify who we will need to coordinate with at the City.
2. Staff Training and Support: Our team will provide ongoing training and support to your staff, ensuring they have the knowledge and resources needed to manage the program effectively. At the initial assessment meeting we will determine where we need to focus this training and support and integrate as we move the project forward.
3. Document Preparation and Review: We will prepare all necessary reports, files, and manuals, ensuring that they meet all federal and state requirements. This will include a rigorous review process to ensure accuracy and compliance.
4. Monitoring and Advocacy: We will actively participate in all required monitoring activities, advocating on your behalf and working to resolve any issues that arise. Our goal is to ensure that your organization remains in full compliance with all regulations.
5. Communication and Coordination: We will facilitate clear and effective communication between your organization and all relevant stakeholders, ensuring that everyone is informed and aligned with the program’s goals and requirements. City support will be needed to ensure this can be achieved.
6. Ongoing Compliance Support: Throughout the duration of the project, we will provide ongoing support to ensure that your organization remains in compliance with all applicable regulations. This will include regular updates and guidance on any changes to federal or state requirements. We will also work with the City to strategize and develop the next steps to new applications for projects and programs.
We are confident that our expertise and commitment to excellence will enable us to deliver the high-quality services you require. We look forward to the opportunity to work with you and to contribute to the success of your program.
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F. Project Schedule
The City of Hollister is in a performance status with the State that needs to be addressed sooner than later. Our schedule provided below assumes the project will be ready for bid within the next 90 days.
1. Consultant Contract Execution: September 2, 2024
2. Meet with Engineering Staff: September 4, 2024
3. Work with Staff on Final Bid Documents: September 5 - October 31, 2024
4. Project Issued for Bid: November 1, 2024
5. Attend Pre-Bid Meeting: November 13, 2024
6. Announce Apparent Low Bidder: December 3, 2024
7. Review Project Bid Results for CDBG Compliance: December 5, 2024
8. Submit Analysis to Project Team: December 6, 2024
9. City to Announce Bid Selection: December 11, 2024
10. Contractor to Provide Required Submittals: December 11-January 15, 2025
11. City to Hold Pre-Construction Meeting: January 29, 2025
12. City Issue Notice to Proceed: January 29, 2025
13. Construction to Begin Based on Weather Conditions: February 3, 2025
14. Compliance Implementation Through Construction: January 29 - October 2025
15. Project Completion and Closeout: October 2025
16. Final Expenditure Date: December 2, 2025
Variations to the schedule above can impact the final expenditure date of the project which is set forth in the City contract with HCD. We are prepared to assist the City in meeting the target dates and to review the next steps of the project with the project team and effectuate the best plan possible for the project.
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Hourly Rate for project team:
G. Cost Proposal
For Grant contracts awarded:
We provide project/program contracts on a flat rate monthly billing for the period of the project schedule. If additional work is requested, it would be billed on a Time and Materials basis using the above hourly rate schedule. No travel or additional charges are being proposed. All costs are included in the amounts provided in the cost proposal and hourly rate. Should there be a delay in the construction of the project the Labor Compliance/Section 3 item would not be billed until the project was ready to move forward. General Administration would be billed for the full term of the contract with no delays or pausing. The final closeout billing would occur at the time of closeout for the contract or at the final expenditure date. This cost covers all costs for closeout processes and audits. Training during the term of the contract would be included as part of the contract terms. Training outside of an open grant contract would be billed at an hourly rate based on the amounts provided above. No escalation is included and the rates remain the same during the term of the contract.
All projects, programs, and awards will be proposed on project-by-project basis. For the current project under award, we would propose the following:
CDBG Contract (typical cost)
Project Implementation:
General Administration: $2,500 per month (flat rate for the term of the project) Labor Compliance/Section 3: $3,000 per month (90 days after contract executions with the State) Closeout Billing: $10,000 at the end of the project term
Billing will not exceed the allowable funding provided by the Grant Program.
Grant Application(s)
Grant applications will be negotiated prior to application preparation should the City wish to seek funding for future project(s)/Program(s). Application development and coordination vary depending on the funding source. Special reports, environmentals and other supportive analysis are excluded from the cost estimates provided below.
A list of standard applications is provided below for reference:
CDBG OTC Application: $7,500
CDBG Competitive Grant Application: $6,000
USDA Project Applications: $15,000
HOME Program Applications: $6,500
HOME Project Applications: $25,000
Other Applications: $based on funding usual range $5000-$15,000
Other Services provided at additional costs:
Income Survey, Environmentals, other reports and assessments not included in the standard process of 2024 Cost Schedule Hourly Rate
Principal $125.00
Support Staff $85.00
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H. Organizational Chart
Lorie Adams will be the primary contact for the City for providing grant management and project coordination services. Lorie will be managing the process with support from Beth in ensuring regulatory fiscal compliance as well as the nuances outlined in each funding contract. Paul will assist on an as needed basis.
Ms. Adams and Mr. Ashby have over 30 years of combined experience working for and with local government agencies in the administration and implementation of grant funds. Both provide expertise of all intricacies related to grant programs and have managed and implemented these programs from application through close out with CDBG, HOME, USDA, and others. Ms. Adams and Mr. Ashby have been highly successful throughout their career in securing funding for communities across California and offer grant writing experience for over 15 state and federal agencies. Additionally, Mr. Ashby brings vast experience in environmental processes and procedures, ensuring that all federal and stay regulations are followed and met for your projects.
In addition to the primary team of Lorie and Beth, Brenda Bray will provide support services related to Labor Compliance as needed and Misti Wiggins and Dawn McGee will provide additional administrative support.
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I. Knowledge of the City of Hollister
Adams Ashby Group, Inc. has proudly partnered with the City of Hollister in various capacities since 2009. Over the past 15 years, we have provided a wide range of supportive services, including grant administrative services, program review, staff training, labor compliance, portfolio management monitoring, state reporting, grant applications, project development, homebuyer program training, environmental review training, and more. Our longstanding relationship with the City underscores our commitment and adaptability to meet the evolving needs of the City team.
Our role has consistently been to support the City in achieving its goals. We have collaborated closely with engineering, administrative and fiscal staff on accounting requirements for grant management and provided essential support for single audits. Our expertise and dedication have been instrumental in securing and managing numerous contract awards for the City of Hollister, including:
• 13-CDBG-8956:
o Food Bank Operations and Construction
o Youth Alliance Funding
o Sidewalk Repair and Replacement Project with PI
• 17-CDBG-12098:
o River Park Trail Project Application, Implementation and Administration o Meals on Wheels Operations
• 20-CDBG-12015:
o Meals on Wheels Operations
• 21-CDBG-NH-20001:
o West Gateway Project Grant Application
o Grant Administration (Contract expired)
• 14-HOME-10035:
o Application and Staff Support for Housing Program Implementation • 98-HOME-0308:
o HOME Monitoring Clearance and Long-Term Monitoring Support • McCarthy Park:
o Labor Compliance
• 16-HRPP-11450:
o Housing Related Park Program
o Fiscal Support and Closeout
Our extensive experience and proven track record with the City of Hollister demonstrate our capability to deliver high-quality, compliant, and effective project management and support services. We look forward to continuing our partnership, getting to know new staff and contributing to the City’s future successes. We understand our role will need to be hands on in training and developing the team and we look forward to assisting in
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J. Acknowledgement
Adams Ashby Group, Inc. acknowledges the requirement of entering into a contract with the City of Hollister to include the required Federal Terms and Conditions as provided in the RFP and in accordance to 2CFR Part 200. We do request the following statement be included in the contract related to the term of the agreement as follows:
This agreement shall commence on the date of signing and shall terminate in five (5) years unless terminated in accordance with Section [4] as provided herein.
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General Services Agreement
CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into effective September 3, 2024 (the “Effective Date”), by and between the City of Hollister (“City”) and the Adams Ashby Group (“Contractor” and together with City, the “Parties”).
1. Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): provide consulting services for Community Development Block Grant (CDBG) Management and Labor Compliance (“Project”), as further described in Exhibit A to this Agreement.
Contractor shall provide services related to the Project 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 and the Project. All Services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of professional skill and qualifications ordinarily exercised by consulting professional specially qualified to provide the Services required by City.
2. Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents and 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.
3. Term. The term for performance of the Services shall be the duration of the Project (“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 City’s governing board. Written notice by 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 up 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. The term for performance of the Services shall begin on September 3, 2024, and shall end on September 2, 2029 (“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 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.
4. Termination. Either Party may terminate this Agreement at any time by giving at least thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this
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General Services Agreement-Adams Ashby Group
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 incre ase 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 the hourly rates listed in Exhibit B for 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 allowable funding provided by the Grant Program. City agrees to make payment 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. Contractor will not be compensated for any Basic or Additional Services required as a result of wrongful acts or omissions.
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 City owned or operated sites, 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, or for injury to or death of persons or 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
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General Services Agreement-Adams Ashby Group
Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.
8. 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 One Million Dollars ($1,000,000) each occurrence and One Million Dollars ($1,000,000) in the aggregate; (ii) commercial automobile liability insurance with limits not less than Twenty-Five Thousand Dollars ($25,000) each occurrence and One Million Dollars ($1,000,000) 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.
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 ventures 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.
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 except 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.
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General Services Agreement-Adams Ashby Group
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 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.
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 constitut e material breach.
21. Non-Discrimination. There shall be no discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, physical disability, mental
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General Services Agreement-Adams Ashby Group
disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status of such persons.
22. 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.
23. 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.
24. Time. Time is of the essence for performance of the Services under this Agreement.
25. 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.
26. 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 (5) years from the date of final payment under this Agreement.
27. 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.
28. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents (“Intellectual Property”) not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and subconsultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or subconsultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re -use of the Intellectual Property by the City in relation to other projects. Contractor represents and warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.
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General Services Agreement-Adams Ashby Group
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. Mediation. The Parties 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 attorneys’ 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.
* * * * * * * * * * * * * * * * * * * *
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General Services Agreement-Adams Ashby Group
CITY OF HOLLISTER CONTRACTOR:
Adams Ashby Group
By:
Name:
Title:
By:
Name: Lorie Adams
Title: Principal
Address for City Notices: Address for Contractor Notices:
375 Fifth Street 1000 Lincoln Road H212
Hollister, CA 95023 Yuba City, CA 95991
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General Services Agreement-Adams Ashby Group
Exhibit A
Scope of Services
At a minimum, the Contractor shall provide the following deliverables:
A. Staff Training
(2 CFR §200.303, §200.331 and §200.430, Subpart E and F) We will provide comprehensive training to your staff, ensuring they are fully equipped to complete the tasks outlined in this scope of work. This training will focus on the specific requirements of the program and will include detailed guidance on financial management, report preparation, and administrative procedures. We will also assist in the required elements of the bid, construction and prevailing wage compliance processes are trained to the appropriate staff to understand the integration necessary for compliance.
B. Financial and Performance Reporting
(2 CFR §200.327, §200.328, and §200.329 and Subpart F)
We will ensure the accurate completion and timely submission of all required financial and performance reports, including monthly, quarterly, annual, and close-out reports. These reports will be prepared in accordance with all federal and state regulations, ensuring full compliance with the relevant standards. We will work with each department to ensure proper accounting, documentation and draws are provided to the State for reimbursement. We are also prepared to provide Program Income reporting support as needed.
C. Public Meetings
(2 CFR §200.342 and State Citizen Participation Requirements) Upon request, our team will attend all relevant public meetings to provide support and representation for your organization. Our presence will ensure that all necessary information is communicated effectively, and that any public concerns are addressed in compliance with applicable regulations and State requirements. We will prepare required presentations, handouts, and Council Memorandums. We additionally provide all publication documents in English and Spanish.
D. Administrative File Management
(2 CFR §200.333 and §200.337 and Monitoring/Audit Requirements) We will ensure that all administrative files are properly maintained and assist your staff in developing procedures for ongoing monitoring and management of these files. This will include the establishment of a system for tracking key documents and ensuring they are readily accessible for review. We have moved our document storage process to electronic and keep mirrored files in our system to ensure a complete set is provided to the City at closeout.
E. Establishment and Maintenance of Administrative Files (2 CFR §200.333 and §200.336 and Monitoring/Audit Requirements) Our team will establish and maintain all required administrative files, including the Public Information Binder. This will ensure that all necessary documentation is properly organized and maintained in accordance with federal and state requirements. This can be a hard file or electronic and provided on the City website, if possible.
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General Services Agreement-Adams Ashby Group
Exhibit A - Page 2 of 3
F. Monitoring Participation and Advocacy
(2 CFR §200.332(d) and §200.338)
Our consultants will participate in any required monitoring by the State or other agencies, providing all necessary documents and files for review. We will advocate on behalf of your organization to the maximum extent appropriate, working to resolve any monitoring findings that are within our control.
G. Close-Out Manual Preparation
(2 CFR §200.343 and §200.344)
We will prepare a detailed close-out documents that will guide your organization after the project has been completed. We will provide all documents needed for archive and will outline your ongoing program responsibilities and will include pertinent information developed by the State-CDBG program.
H. Program Milestone Monitoring
(2 CFR §200.328)
We will monitor program milestones, prepare a timeline to supervise staff, and recommend any necessary amendments to ensure the program remains on track and in compliance with all requirements.
I. Communication Facilitation
(2 CFR §200.331 and §200.338)
Our consultants will facilitate effective communication between your organization and all relevant State-CDBG personnel. We will ensure that all communications are clear, timely, and in compliance with all applicable regulations. We do require participation from the City as we are not able to perform without the City being included per State requirements.
J. Compliance with Federal and State Requirements
(2 CFR §200.300 and §200.301)
We will keep your organization informed of all applicable federal and state requirements related to the program funds, and facilitate the meeting of these requirements to ensure full compliance.
K. Contractor/Subcontractor Eligibility Verification
(2 CFR §200.318(h) and §200.319)
We will verify the eligibility of all contractors and subcontractors through the State Contractor’s Licensing Board and the Federal debarred list. We will ensure that all information is kept neat and orderly in individual contractor/subcontractor files.
L. Certification Statements and Contract Language Requirements (2 CFR §200.326 and §200.317-§200.327)
Our team will provide contractors and subcontractors with the required certification statements and contract language requirements, ensuring compliance with all applicable federal and state regulations.
This includes Federal and State prevailing wage information and HUD Section 3 requirements as applicable.
M. Invoice and Change Order Processing
(2 CFR §200.302 and §200.305)
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General Services Agreement-Adams Ashby Group
Exhibit A – Page 3 of 3
We will assist in processing contractor/consultant invoices and change orders, ensuring that all financial transactions are handled in a timely and compliant manner. We will provide support to the engineering team related to cost reasonableness analysis and documentation.
N. Timely Document Submission
(2 CFR §200.343 and §200.328)
We will ensure that all required documents are submitted in a timely manner, in full compliance with the deadlines and standards set by the relevant authorities. We will require support and assistance from the City team to ensure this can be attained accordingly.
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General Services Agreement-Adams Ashby Group
EXHIBIT B
Fees for Service
Hourly Rate for project team:
2024 Cost Schedule Hourly Rate
Principal $125.00
Support Staff $85.00
For Grant contracts awarded:
Work will be billed on a flat rate monthly billing for the period of the project schedule. If additional work is requested, it would be billed on a Time and Materials basis using the above hourly rate schedule.
No travel or additional charges are being proposed. All costs are included in the amounts provided in the cost proposal and hourly rate. Should there be a delay in the construction of the project the Labor Compliance/Section 3 item would not be billed until the project was ready to move forward. General Administration would be billed for the full term of the contract with no delays or pausing. The final closeout billing would occur at the time of closeout for the contract or at the final expenditure date. This cost covers all costs for closeout processes and audits. Training during the term of the contract would be included as part of the contract terms. Training outside of an open grant contract would be billed at an hourly rate based on the amounts provided above. No escalation is included and the rates remain the same during the term of the contract.
Project Implementation:
General Administration: $2,500.00 per month (flat rate for the term of the project) Labor Compliance/Section 3: $3,000.00 per month (90 days after contract execution with the state) Closeout Billing: $10,000.00 at the end of the project term.
Billing will not exceed the allowable funding provided by the Grant Program.
Grant Application(s)
Grant applications will be negotiated prior to application preparation should the City wish to seek funding for future project(s)/Program(s). Application development and coordination vary depending on the funding source. Special reports, environmental and other supportive analysis are excluded from the cost estimates provided below.
A list of standard applications is provided below for reference:
CDBG OTC Application: $7,500.00
CDBG Competitive Grant Application: $6,000.00
USDA Project Applications: $15,000.00
HOME Program Applications: $6,500.00
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General Services Agreement-Adams Ashby Group
EXHIBIT C
PROJECT STAFF
NAME TITLE HOURLY RATE
Lorie Adams Principal $125.00
Paul Ashby Principal $125.00
Beth Dodd Community Development $85.00
Analyst
Brenda Bray Labor Compliance Analyst $85.00
Dawn McGee Administrative Support $85.00
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General Services Agreement-Adams Ashby Group
Exhibit D
Federal Terms and Conditions
FEDERAL TERMS AND CONDITIONS:
During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following:
AFFIRMATIVE ACTION:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply.
SECTION 3:
The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications.
NON-DISCRIMINATION CLAUSE:
During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractor s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
EQUAL OPPORTUNITY:
During the performance of this Contract, the Contractor agrees as follows:
1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
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General Services Agreement-Adams Ashby Group
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause.
3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe.
9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
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General Services Agreement-Adams Ashby Group
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Comp liance Report and shall set forth what efforts he has made to obtain such information.
11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require.
12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS:
Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section.
INSURANCE: Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it.
DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e): The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
1. Affirmative steps shall include:
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
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General Services Agreement-Adams Ashby Group
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874):
Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).
COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS:
Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions.
COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330):
Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5).
Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers)
REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:
All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City.
REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING:
The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract.
COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:
Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).
1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).
2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).
COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):
The Contractor shall 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 (Pub. L. 94-163,89 Stat. 871).
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General Services Agreement-Adams Ashby Group
D/MBE/WBE IMPLEMENTATION GUIDELINES:
The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements.
1. The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder.
2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested.
3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on.
4. The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier.
5. Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids.
6. To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to:
http://www.dot.ca.eov/hq/bep , or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800.
AUDIT, RETENTION AND INSPECTION OF RECORDS:
The Contractor agrees that the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement.
The Contractor agrees to provide any relevant information requested and shall permit the (City/County), the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq.
The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Fire-2024-10
AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR CPR CLASSES FOR SAN BENITO COUNTY
BEHAVIORAL HEALTH EMPLOYEES
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt a resolution for the City Manager to execute a contract for CPR Classes for San Benito County Behavioral Health Employees.
DISCUSSION: San Benito County requests the execution of a contract with the City of Hollister where Fire Department Personnel will provide CPR Classes to Behavioral Health Employees. CPR classes will be held at the Hollister Fire Department Training Room. San Benito County Behavioral Health has 60 employees in need of CPR Certification. San Benito County agrees to pay $35.00 per participant.
FISCAL IMPACT: This contract is cost-neutral as the City will recoup all costs of providing the classes.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. San Benito County Behavioral Health CPR Contract
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT FOR CPR CLASSES FOR SAN BENITO COUNTY
BEHAVIORAL HEALTH EMPLOYEES
WHEREAS, San Benito County requested the Hollister Fire Department to provide CPR Classes for 60 Behavioral Health Employees; and
WHEREAS, San Benito County agrees to pay up to $2,100.00 to the City of Hollister.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute a contract for CPR Classes for San Benito County Behavioral Health Employees.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 September 3, 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Revised 7/08 Page 1 of 2
CONTRACT
The COUNTY OF SAN BENITO ("COUNTY") and City of Hollister Fire Department ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph
1. 1. Duration of Contract.
This contract shall commence on May 1, 2024, and end on December 31, 2024, unless sooner terminated as specified herein.
2. Scope of Services.
CONTRACTOR, for COUNTY's benefit shall perform the services specified on Attachment A to this contract. Attachment A is made a part of this contract.
3. Compensation for Services.
In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.
4. General Terms and Conditions.
The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.
5. Insurance Limits.
CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. (a) Comprehensive general liability insurance: _____waived_______________ (b) Professional liability insurance: __waived_____________________________ (c) Comprehensive motor vehicle liability insurance: _waived_____________
6. Termination.
The number of days of advance written notice required for termination of this contract is 30 days .
7. Specific Terms and Conditions (check one)
[X] There are no additional provisions to this contract. [ ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.
Attachment D is made a part of this contract.
Revised 7/08 Page 2 of 2
[ ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment E.
Attachment E is made a part of this contract.
8. Information about Contract Administrators.
The following names, titles, addresses, and telephone numbers are the pertinent information for the respective contract administrators for the parties.
Contract Administrator for COUNTY: Contract Administrator for CONTRACTOR:
Name: Dana Edgull, LCSW Name: Jonathan Goulding
Title: Director, Behavioral Health Title: Fire Chief
Address: 1131 Community Parkway Address: 110 Fifth Street Hollister, California 95023 Hollister, CA 95023
Telephone No.: 831-636-4020 Telephone No.: 831-636-4325 Fax No.: 831-636-4025 Fax No.: N/A
SIGNATURES
APPROVED BY COUNTY: APPROVED BY CONTRACTOR:
Name: Name:
Title: __________________________________ Title:
Date: ______ Date:
APPROVED AS TO LEGAL FORM:
Irma Valencia, San Benito County Counsel
By:
Date:
Revised 7/08 Page 3 of 2
ATTACHMENT A
Scope of Services
Contractor shall provide CPR training to approximately 60 staff members of San Benito County Behavioral Health:
1. Contractor will provide three 2-hour training classes with a maximum of 20 employees for each class. The maximum capacity is required by the Contractor. a. The dates offered to staff are:
i. May 1st at 1pm-3pm
ii. June 5th at 2pm-4pm
iii. October 2nd at 1pm-3pm
2. Cost includes training materials and a CPR card that will be issued upon completion of each class.
3. Training will cover adult, child & infant Basic Heartsaver CPR and AED. Participants will learn how to perform quality CPR given an emergency event with real life examples in the local community.
4. Contractor can provide Continuing Education (CEs) credits for the classes. County will need to provide a roster of each class with their full name, emails, and EMT or medical license number.
5. The classes will be held at Hollister Fire Department – Fire Station 1 Training Room located at 110 Fifth Street, Hollister, CA 95023.
END OF ATTACHMENT A.
Revised 7/08 Page 4 of 2
ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
[X] One month in arrears.
[ ] Upon the complete performance of the services specified in Attachment A.
[ ] The basis specified in paragraph B-4.
B-2. PAYMENT
Payment shall be made by COUNTY to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.
B-3. COMPENSATION
COUNTY shall pay to CONTRACTOR: (check one)
[ ] a total lump sum payment of $___________________________________, or [X] a total sum not to exceed TWO THOUSAND ONE HUNDRED DOLLARS $ 2,100 , for services rendered pursuant to the terms and conditions of this contract and pursuant to any special compensation terms specified in this attachment, Attachment B. 60 participants x $35 (CPR Rate: CPR Card & Books)
B-4. SPECIAL COMPENSATION TERMS: (check one)
[X] There are no additional terms of compensation.
[] The following specific terms of compensation shall apply: (Specify)
END OF ATTACHMENT B
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ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.
CONTRACTOR and COUNTY 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 performance 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 or inaction of that party’s officers and employees.
C-2. GENERAL INSURANCE REQUIREMENTS.
Without limiting CONTRACTOR’s duty to indemnify COUNTY, CONTRACTOR shall comply with the insurance coverage requirements set forth in the contract and in this attachment. Those insurance policies mandated by Pa ragraph C-3 shall satisfy the following requirements:
(a) Each policy shall be issued by a company authorized by law to transact business in the State of California.
(b) Each policy shall provide that COUNTY shall be given notice in writing at least thirty (30) days in advance of any change, cancellation, or nonrenewal thereof.
(c) The comprehensive motor vehicle and comprehensive general liability policies shall each provide an endorsement naming the County of San Benito and its officers, agents and employees as additional insureds.
(d) The required coverage shall be maintained in effect throughout the term of this contract.
CONTRACTOR shall require all subcontractors performing work under this contract to obtain substantially the identical insurance coverage required of CONTRACTOR pursuant to this agreement.
C-3. INSURANCE COVERAGE REQUIREMENTS.
If required by paragraph 5 of the contract, CONTRACTOR shall maintain the following insurance policies in full force and effect during the term of this contract:
(a) Comprehensive general liability insurance. CONTRACTOR shall maintain comprehensive general liability insurance, covering all of CONTRACTOR’s operations with a combined single limit of not less than the amount set out in paragraph 5 of this contract.
(b) Professional liability insurance. CONTRACTOR shall maintain professional liability insurance with liability limits of not less than the amount set out in paragraph 5 of this contract.
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(c) Comprehensive motor vehicle liability insurance. CONTRACTOR shall maintain comprehensive motor vehicle insurance covering all motor vehicles (including owned, non -owned and hired) used in providing services under this contract, with a c ombined single limit of not less than the amount set out in Paragraph 5 of this contract.
(d) Workers’ compensation insurance. CONTRACTOR shall maintain a workers’ compensation plan covering all of its employees as required by California Labor Code Section 37 00, either through workers’ compensation insurance issued by an insurance company or through a plan of self-insurance certified by the State Director of Industrial Relations. If CONTRACTOR elects to be self -insured, the certificate of insurance otherwise required by this contract shall be replaced with a consent to self-insure issued by the State Director of Industrial Relations.
C-4. CERTIFICATE OF INSURANCE.
Prior to the commencement of performance of services by CONTRACTOR and prior to any obligations of COUNTY, CONTRACTOR shall file certificates of insurance with COUNTY, showing that CONTRACTOR has in effect the insurance required by this contract.
CONTRACTOR shall file a new or amended certificate promptly after any change is made in any insurance policy which would alter the information on the certificate then on file. In lieu of providing proof of insurance, CONTRACTOR may provide proof of self -insurance meeting requirements equivalent to those imposed herein. CONTRACTOR warrants that CONTRACTOR’s self-insurance provides substantially the same protection to COUNTY as the insurance required herein. CONTRACTOR further agrees to notify COUNTY in the event any change in self-insurance occurs that would alter the obligations undertaken in this contract within thirty (30) days of such change.
C-5. RECORDS TO BE MAINTAINED.
CONTRACTOR shall keep and maintain accurate records of all costs incurred and all time expended for work under this contract. CONTRACTOR shall contractually require that all of CONTRACTOR’s subcontractors performing work called for under this contract also keep and maintain such records. All such records, whether kept by CONTRACTOR or any subcontractor, shall be made available to COUNTY or its authorized representative, or officials of the State of California for review or audit during normal business hours, upon reasonable advance notice given by COUNTY, its authorized representative, or officials of the State of California.
C-6. RETENTION OF RECORDS.
CONTRACTOR shall maintain and preserve all records related to this contract for a period of three years from the close of the fiscal year in which final payment under this contract is made.
CONTRACTOR shall also contractually require the maintenance of such records in the possession of any third party performing work related to this contract for the same period of time. Such records shall be retained beyond the three-year period, if any audit involving such records is then pending, until the audit findings a re resolved. The obligation to insure the maintenance of the records beyond the initial three year period shall arise only if the COUNTY notifies CONTRACTOR of the commencement of an audit prior to the expiration of the three year period.
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C-7. TITLE TO DOCUMENTS; COPYRIGHT.
All reports and other materials collected or produced by the CONTRACTOR or any subcontractor of CONTRACTOR shall, after completion and acceptance of the contract, become the property of COUNTY, and shall not be sub ject to any copyright claimed by the CONTRACTOR, subcontractor, or their agents or employees. CONTRACTOR may retain copies of all such materials exclusively for administrative purposes. Any use of completed or uncompleted documents for other projects by CONTRACTOR, any subcontractor, or any of their agents or employees, without the prior written consent of COUNTY is prohibited.
C-8. INDEPENDENT CONTRACTOR.
CONTRACTOR and its officers and employees, in the performance of this contract, are independent contractors in relation to COUNTY and not officers or employees of COUNTY.
Nothing in this contract shall create any of the rights, powers, privileges or immunities of any officer or employee of COUNTY. CONTRACTOR shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of this contract.
CONTRACTOR further represents to COUNTY that CONTRACTOR has no expectation of receiving any benefits incidental to employment.
C-9. CONFLICT OF INTEREST.
CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which woul d conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed. CONTRACTOR certifies that no one who has or will have any financial interest under this contract is an officer or employee of COUNTY.
C-10. COMPLIANCE WITH APPLICABLE LAWS.
CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessa ry to perform the duties imposed expressly or impliedly under this contract.
C-1 1. NONDISCRIMINATION.
CONTRACTOR shall not discriminate in the employment of persons necessary to perform this contract on any legally impermissible basis, including on the basis of the race, color, national origin, ancestry, religion, age, sex, or disability of such person.
C-12. BANKRUPTCY.
CONTRACTOR shall immediately notify COUNTY in the event that CONTRACTOR ceases conducting business in the normal manner, becomes ins olvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or protection of the rights of creditors.
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C-13. PROHIBITION AGAINST ASSIGNMENT AND DELEGATION OF DUTIES.
Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of COUNTY, and any attempted assignment or delegation without such consent shall be void.
C-14. NEGOTIATED CONTRACT.
This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.
C-1 5. SEVERABILITY.
Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end, the provisions of this contract are declared to be severable.
C-16. ENTIRE CONTRACT.
This contract is the entire agreement of the parties. There are no understandings or agreements pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.
C-17. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this contract.
C-18. TERMINATION.
Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of days specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C -19, below. In the event of termination, COUNTY shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.
C-19. NOTICES.
Notices to the parties in connection with the administration of this contract shall be given to the parties’ contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
(a) The day the notice is personally delivered to the contract admini strator or the office of the party’s contract administrator; or
(b) Five days after the date the notice is deposited in the United States mail, addressed to a party’s contract administrator as indicated in this contract, with first-class postage fully prepaid; or
(c) On the day that the notice is transmitted by facsimile to a party’s facsimile number specified in paragraph 8 of this contract, provided that an original of
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such notice is deposited in the United States mail, addressed to a party’s contract administrator as indicated in this contact, on the same day as the facsimile transmission is made.
C-20. RESPONSIBILITY OF CONTRACT ADMINISTRATORS.
All matters concerning this contract which are within the responsibility of the parti es shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party’s employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contrac t administrator and shall promptly give written notice to the other party of any such change.
C-21. MATERIALITY.
The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.
C-22. WAIVER.
Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNTY’s receipt of consideration with knowledge of CONTRACTOR’s violation of a covenant does not waive its right to enforc e any covenant of this contract. The parties shall not waive any provisions of this contract unless the waiver is in writing and signed by all parties.
C-23. AUTHORITY AND CAPACITY.
CONTRACTOR and CONTRACTOR’s signatory each warrant and represent that each has full authority and capacity to enter into this contract.
C-24. BINDING ON SUCCESSORS.
All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators and assigns of CONTRACTOR. CONTRACTOR and all of CONTRACTOR’s heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.
C-25. CUMULATION OF REMEDIES.
All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations i mposed shall have been fully performed.
C-26. INDEPENDENT ADVICE.
Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with
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respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultation.
C-27. NO RELIANCE ON REPRESENTATIONS.
Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.
C-28. REDUCTION OF CONSIDERATION.
CONTRACTOR agrees that COUNTY shall have the right to deduct from any payments specified in Attachment B any amount owed to COUNTY by CONTRACTOR as a result of any obligation arising prior to the execution of this contract. For purposes of thi s paragraph, obligations arising prior to the execution of this contract may include, without limitation, any property tax, secured or unsecured, which tax is in arrears. If COUNTY exercises the right to reduce the consideration specified in Attachment B, COUNTY shall give CONTRACTOR notice of the amount of any off- set and the reason for the deduction.
C-29. COUNTERPARTS.
This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
C-30. FACSIMILE AND ELECTRONIC DIGITAL SIGNATURES
The Parties hereby acknowledge and agree that facsimile or scanned signatures or signatures transmitted by electronic mail in so-called “PDF” format shall be legal and binding and shall have the same full force and effect as if an original of this Agreement had been delivered. The Parties (a) intend to be bound by the signatures on any document sent by facsimile or electronic mail, (b) are aware that the other Party will rely on such signatures, and (c) hereby waive any defenses to the enforcement of the terms of this Agreement based on the forgoing forms of signature
The parties further agree that this agreement may be electronically signed. The parties agree that the electronic signatures appearing on this agreement (if electronic signatures are used) are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility .
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C-31. COMPLIANCE WITH FEDERAL AND STATE DIRECTIVES REGARDING
ECONOMIC SANCTIONS AGAINST RUSSIA
Contractor shall comply with California Governor Newson’s Executive Order N -6 -22, (available online at: https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine- Executive-Order.pdf) regarding economic sanctions against Russia. Contractor shall comply with existing and any newly issued economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The “economic sanctions” imposed in response to Russia's actions in Ukraine includes, but is not limited to, the federal executive orders identified in Executive Order N -6 -22, and the sanctions specified on the U.S. Department of the Treasury website ( https://home.treasury.gov/policy-issues/financial- sanctions/sanctions -programs-and-country-information/ukraine-russia-related-sanctions ). Failure to comply shall result in the termination of contracts or grants, as applicable. Contractor must further ensure that this contract provision is included any applied to any agents, suppliers, subcontractors, or independent contractors Contractor retains in completing its work for the County of San Benito under this Agreement.
END OF ATTACHMENT C.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Fire-2024-11
AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2024 SAN BENITO
COUNTY FAIR
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 33 rd Agricultural Association for the San Benito County Fair.
DISCUSSION: The 33rd District Agricultural Association has requested standby for emergency medical services (EMS) for the 2024 San Benito County Fair at the San Benito County Fairgrounds located at 9000 Airline Highway, Tres Pinos, CA 95075 from October 4, 2024 through October 6, 2024. The 33rd District Agricultural Association also requested stand-by for EMS for their Truck Pull Event on October 6, 2024.
The 33rd District Agricultural Association agrees to pay fees for service to the City of Hollister Fire Department for EMS standby for the duration of the San Benito County Fair in the amount of $4,473.75. The 33rd District Agricultural Association also agrees to pay fees for service to the City of Hollister for the Truck Pull Event in the amount of $1,156.00.
FISCAL IMPACT: This contract is cost neutral as the City will recoup all costs of providing the services.
PREVIOUS COUNCIL OR COMMISSION ACTION: Contracts for 2023 San Benito County Fair were approved by Hollister City Council.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. San Benito County Fair Contract
3. San Benito County Truck Pulls Contract
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR
EMERGENCY MEDICAL SERVICES WITH THE 33RD DISTRICT
AGRICULTURAL ASSOCIATION FOR THE 2024 SAN BENITO COUNTY FAIR
WHEREAS, the 33rd District Agricultural Association requested standby for Emergency Medical Services for the 2024 San Benito County Fair; and
WHEREAS, the Hollister Fire Department will provide two Emergency Medical Technicians for First Aid only from October 4, 2024 through October 6, 2024; and
WHEREAS, the Hollister Fire Department will provide a stand-by fire engine and personnel for the Truck Pulls on October 6, 2024; and
WHEREAS, the 33rd District Agricultural Association agrees to pay fees for service to the City of Hollister in the amount of $4,473.75 for EMS Standy; and
WHEREAS, the 33rd District Agricultural Association agrees to pay fees for service to the City of Hollister in the amount of $1,156.00 for Fire Engine Standby at the Truck Pull Event.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
authorizes the City Manager to execute a contract between the City of Hollister and the 33rd District Agricultural Association.
Resolution No. 2024-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 September 3, 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Human Resources-2024-02
AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).
DEPARTMENT: Human Resources
DEPARTMENT HEAD: Casey Estorga, Administrative Services Director STAFF CONTACT: Casey Estorga, Administrative Services Director
RECOMMENDED ACTION: Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HPOA.
DISCUSSION: The MOU between the City of Hollister and HPOA expired on June 30, 2024. The City and HPOA have met and conferred in good faith over the past several months to discuss proposed changes to the MOU.
As a result, the City and HPOA have agreed to amend the MOU, including an amendment to the term of the MOU, now covering the period of July 1, 2024 – June 30, 2025. A copy of the updated MOU, including strike-through formatting to identify the changes, has been included as an attachment as part of this staff report.
FISCAL IMPACT: Funding for this item has been included in the FY 2024-25 Adopted Budget.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: Not a project.
ATTACHMENTS:
1. Resolution
2. Draft HPOA MOU
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER
AND THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).
WHEREAS, representatives of the City of Hollister and the Hollister Police Officers Association (HPOA), an organization representing City of Hollister employees, have met and conferred in good faith concerning subjects of bargaining; and
WHEREAS, understandings and agreements have been reached between the bargaining representatives; and
WHEREAS, the agreement was ratified by HPOA members; and
WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2024 – June 30, 2025.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and the Hollister Police Officers Association (HPOA) for the term of July 1, 2024 – June 30, 2025, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 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 September 3, 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 September 3, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HOLLISTER
AND
THE HOLLISTER PEACE OFFICERS ASSOCIATION (H.P.O.A.)
JULY 1, 2024– JUNE 30, 2025
1 Table of Contents
SECTIONS
PAGE
Table of Contents ................................................................................................................... 1 ARTICLE 1. PREAMBLE .......................................................................................................... 4 ARTICLE 2. NO DISCRIMINATION ........................................................................................... 4 ARTICLE 3. RECOGNITION ..................................................................................................... 4 ARTICLE 4. MAINTENANCE OF BENEFITS ............................................................................ 4 ARTICLE 5. SALARY AND SPECIAL COMPENSATION .......................................................... 4 A. Salary Adjustments ...................................................................................................... 5 B. Deferred Compensation Plan....................................................................................... 5 C. Longevity Bonus .......................................................................................................... 5 D. Retirement .................................................................................................................... 6 E. Overtime ........................................................................................................................ 9 F. Call Back Pay ...............................................................................................................10 G. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing ..........10 H. Bilingual Allowance .....................................................................................................10 I. Field Training Officer Assignment .............................................................................. 11 J. Senior Police Officer ................................................................................................... 11 K. Detective Assignment .................................................................................................12 L. Motorcycle Pay ............................................................................................................13 M. Gang Enforcement Training Officer ...........................................................................13 N. Shift Differential ...........................................................................................................14 O. Retention Bonus Program ..........................................................................................14 P. Recruitment and Retention Measures ........................................................................14 ARTICLE 6. INSURANCE ........................................................................................................15 A. CalPERS Medical .........................................................................................................15 B. Health Insurance Options ...........................................................................................16 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan ............................................16 D. Terms for Health Care Participation ...........................................................................17 E. Health Care Contributions ..........................................................................................17 F. Vision Insurance ..........................................................................................................17 G. Dental Insurance .........................................................................................................17 H. Life Insurance ..............................................................................................................18
2 I. Long Term Disability Insurance ..................................................................................18 J. Health Insurance Waiver Option .................................................................................18 K. Optional Health Benefits .............................................................................................18 L. Flexible Spending Accounts (FSA's) ..........................................................................19 M. Voluntary Life Insurance .............................................................................................19 N. Miscellaneous ..............................................................................................................19 ARTICLE 7. EDUCATIONAL INCENTIVE/ PROFESSIONAL DEVELOPMENT INCENTIVES 19 A. Amount of Payments – Sworn ....................................................................................19 B. Professional Development Incentives - Non-Sworn .................................................20 ARTICLE 8. JOB RELATED DISABILTIES AND THE AMERICANS WITH DISABILITIES ACT .................................................................................................................................................21 A. Job Related Disabilities ..............................................................................................21 B. Americans With Disabilities Act .................................................................................22 ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT ........................................22 A. Uniform Allowance ......................................................................................................22 B. Boot Allowance ............................................................................................................22 C. Safety Equipment ........................................................................................................22 ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL ......................................23 A. Definition ......................................................................................................................23 B. Stale Grievance ...........................................................................................................23 C. Informal Discussion with Employee's Supervisor ....................................................23 D. Formal Written Grievance to Employee's Supervisor ...............................................23 E. Grievance to Department Head/City Manager ...........................................................24 F. Waiver of Appeal Steps ...............................................................................................24 G. Advisory Fact Finding of Grievances .........................................................................24 H. Selection of a Fact Finder ...........................................................................................24 I. Duty of a Fact Finder ...................................................................................................24 J. Payment of Costs ........................................................................................................24 K. Effect of Failure of Timely Action ...............................................................................25 ARTICLE 12. LEAVES .............................................................................................................25 A. Bereavement Leave .....................................................................................................25 B. Family Sick Leave - Within Existing Benefit ..............................................................25 ARTICLE 13. LAYOFF..............................................................................................................26 A. Order Of Layoff ............................................................................................................26
3 B. Seniority Determination ..............................................................................................27 C. Re-employment ...........................................................................................................27 ARTICLE 14. MISCELLANEOUS .............................................................................................27 A. Personnel Notices .......................................................................................................27 B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program .28 C. Vacation Accrual And Vacation Allowance ................................................................29 D. CalPERS Credit For Unused Sick Leave ....................................................................29 E. Sick Leave Conversion To Cash .................................................................................30 F. Probationary Period ....................................................................................................30 G. Separation in Good-Standing .....................................................................................31 H. Recruitment Incentives for Sworn Personnel ............................................................31 I. Work Schedules...........................................................................................................31 J. Police Funeral Attendance ..........................................................................................32 K. New Employee Orientation .........................................................................................32 L. Automatic Payroll Deposit ..........................................................................................32 ARTICLE 15. MAINTENANCE OF OPERATIONS ...................................................................32 ARTICLE 16. PREVAILING M.O.U. ..........................................................................................32 ARTICLE 17. HOLIDAYS AND HOLIDAY PAY .........................................................................33 ARTICLE 18. DRUG FREE WORKPLACE POLICY ................................................................33 ARTICLE 19. SAVINGS CLAUSE ............................................................................................33 ARTICLE 20. UNION BUSINESS .............................................................................................34 ARTICLE 21. TERM .................................................................................................................34
4 EXHIBITS
Exhibit A Revised Police Department Performance Evaluations Attachment
ARTICLE 1. PREAMBLE
This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as City, and the Hollister Peace Officers Association, hereinafter referred to as Association.
This Memorandum of Understanding hereinafter referred to as M.O.U., is subject to Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers- Milias-Brown Act, and the Employer-Employee Relations Resolution of the City of Hollister.
ARTICLE 2. NO DISCRIMINATION
The City and the Association will cooperate in pursuing a policy of no discrimination of affirmative action. Any management established City advisory employee committee relating to affirmative action shall provide for Association representation on said committee. The City and Association further agree that no person employed by, or applying for employment, shall be discriminated against because of race, religion, creed, political affiliations, color, national origin, ancestry, age, or sex, unless defined as a bona-fide occupation qualification as defined by Federal or State law. The employer also agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Association. Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.
ARTICLE 3. RECOGNITION
Pursuant to Section 3500-3510 of the Government Code, the City certifies the Association as the recognized employee organization for a unit including the sworn classifications of Police Officer, , Police Sergeant, Police Lieutenant, and the non-sworn classifications of Animal Control Officer, Animal Control Officer Assistant, Animal Control Supervisor, Police Officer Trainee, Community Services Officer, Police Services Officer, Multi-Services Officer, and Police Services Supervisor.
ARTICLE 4. MAINTENANCE OF BENEFITS
The articles included in this agreement constitute a full and complete agreement with the City and Association on all matters within the scope of representation for the period stated in Article
20. Term. All present resolutions, ordinances, rules and regulations, practices and policies covering matters within the scope of representation will continue in force and effect during said period without change, except to conform to the terms of this M.O.U., subject to meet and confer. Notice of any matter proposed to be changed will be provided to the Association in a timely fashion.
ARTICLE 5. SALARY AND SPECIAL COMPENSATION
5 A. Salary Adjustments
1. Compensation Adjustments Sworn Unit Classifications
Effective the first full pay period after signing of this agreement, all unit members shall receive a three percent (3.00%) increase to their base salary.
2. Supervisor Salary Separation
a. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Sergeant and Police Officer during the term of this M.O.U.
b. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Services Supervisor and Police Services Officer during the term of this M.O.U.
3. Compensation Study
City agrees to hire a third-party consultant to conduct a compensation survey for the Animal Control Officer and Animal Control Officer Supervisor job classifications. City agrees to share the final draft of the compensation study with HPOA and to engage in the meet and confer process to discuss the findings of the report. City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than November 2024.
City and HPOA agree to meet and confer regarding the Compensation Study before the work is initiated, including a discussion about comparable agencies and the data to be studied. The City and HPOA agree that the placement of Animal Control Officers on standby shall be studied and discussed as part of this process. Any changes to compensation, standby status, or other terms and conditions of employment as a result of this study and discussion will occur only by mutual agreement.
B. Deferred Compensation Plan
The City shall continue, during the term of this M.O.U., to provide a voluntary Deferred Compensation Plan for all employees of this unit.
C. Longevity Bonus
1. Non-Sworn Employees
Non-sworn members in this bargaining unit, who complete the following specified consecutive years of service prior to or after the effective date of this MOU, shall be paid the following:
Number of Consecutive Years Longevity Bonus
5-9 years Three percent (3%) of base salary
10-14 years Six percent (6%) of base salary
6 15-19 years Nine percent (9%) of base salary
20 or more years Twelve percent (12%) of base salary
2. Sworn Employees
Sworn employees may contribute to the PORAC Retiree Medical Trust by contributing on their own behalf.
Sworn members in this bargaining unit, who complete the following specified consecutive years of service, shall be paid the following:
Number of Consecutive Years Longevity Bonus
5-9 years Three percent (3%) of base salary
10-14 years Six percent (6%) of base salary
15-19 years Nine percent (9%) of base salary
20 or more years Twelve percent (12%) of base salary
D. Standby Assignment
The City reserves the right to assign employees in sworn classifications to standby (on-call) status during non-work hours, including weeknights, weekends, and holidays. Employees assigned to standby are required to be available for immediate return to work upon notification by a supervisor or a Police Department Communications Dispatcher.
When assigned to standby, the following conditions will apply:
a. The employee shall be available at all hours by telephone or pager. b. The employee shall be able to respond to work in a reasonable amount of time. c. The employee shall refrain from activities which would impair the ability to respond to emergency situations. Impairment shall be defined by Police Department administrative policies, including pertinent Lexipol policies Standby assignments shall be scheduled as far in advance as possible and the City will attempt to evenly distribute the standby assignments to the extent possible. The parties understand, however, that adjustments to standby assignments may be necessary due to illness, staffing levels, or other needs of the department. The meet and confer process shall be utilized prior to any changes to the standby procedures or policies.
Employees assigned to standby assignment shall receive one hour of compensation, paid at one and one half (1 ½) their regular rate of pay, for each day so assigned.
Any employee in a sworn classification who is assigned to standby (on-call) duty and that fails to report when called to respond shall not be eligible for the Standby Assignment pay
7 differential and shall also be subject to the progressive discipline process as outlined in the HPOA MOU and/or City policy.
The City will make reasonable efforts to accommodate unpredictable events outside of the employee’s control in the event an employee fails to fully perform standby and/or call-back duties.
E. Retirement
1. Sworn Unit Contributions
Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS “3% @ age 50” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.
Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS “3% @ age 55” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.
Tier 3
c. Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a “new member” under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.
2. Non-Sworn Unit Contributions
Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2.5% @ age 55” Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees’ contribution.
Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee
8 Contribution Rate, all unit employees under the Miscellaneous CalPERS “2% @ age 60” Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees’ contribution.
Tier 3
c. Effective on or after January1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a “new member” under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.
3. 1959 Survivor's Death Benefit
The City agrees to continue the Fourth Level of the CalPERS 1959 Survivor's Death Benefit for all eligible unit members represented by the Association. The City further agrees to continue to pay the employer rate contribution with the employees represented by the Association continuing to pay the member rate contribution.
4. One Year Final Compensation Benefit
a. The City agrees to continue the CalPERS Section 20042 "One Year Final Compensation" benefit for eligible Non-Sworn (Local Miscellaneous Members as defined by CalPERS) and Sworn Association Members.
b. The City shall pay all of the employer contributions to CalPERS for each eligible member of the Association for this benefit.
5. Modifications
The City agrees not to make any other modifications in the current CalPERS contract without a vote of all affected employees.
6. Participation in the PORAC Retiree Medical Trust-Sworn Employees
a. Mandatory Employee Contributions. The City of Hollister (the "City") and the Association agree that the City shall withhold mandatory contributions of $100 per month on a pre-tax basis from the pay of every sworn employee covered by this MOU and remit such contributions to the PORAC Retiree Medical Trust (the "Trust") or another employee retiree health benefits trust designated by the Association. The amount of contributions shall be included as salary for the purpose of calculating pension benefits, and there shall be no employee election to take the amount in cash
The purpose of the Trust is to provide retiree health expense reimbursement benefits. The Trust shall be and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this MOU. Further, the City hereby acknowledges receipt of the Trust Agreement governing the PORAC Retiree Medical Trust.
9 b. Reporting and Remittance of Contributions. The City shall comply with the rules set by the Trust Office regarding the reporting and remittance of the above mandatory contributions, and agrees to:
(i) Remit the contributions to the Trust on a monthly basis for the duration of the Memorandum of Understanding, or until a successor agreement has been agreed upon, in one aggregate payment via ACH or wire transfer to the custodian of the PORAC Retiree Medical Trust; and
(ii) Electronically submit a monthly contribution report to the Trust, including a list of contributing employees. The monthly contribution report shall conform to the format request by the Trust and shall include name, social security number, contact information, and amount contributed for each employee.
(iii) Notify the Trust of when a new employee begins participation in the Trust and when a participating employee separates employment.
c. Modification of Contribution Amount. The City and the Association agree that the Association has the right, subject to approval of its members and according to the Association’s internal rules, to prospectively modify the amount of the mandatory sworn employee monthly contribution, so long as the modification is made for all sworn employees covered by this MOU, and the total amount of contributions per employee equals a minimum of $100 up to a maximum of $400, in any increment of $50.
F. Overtime
1. An employee authorized or required to work overtime in excess of the assigned scheduled shift shall be compensated for either compensatory time or overtime compensation at the additional rate of time and one-half.
2. At the time overtime is worked, the employee has the option to request either overtime compensation or compensatory time.
3. Unit members may accrue up to a maximum of two hundred eighty (280) hours of compensatory time. Unit members may not take more than sixty (60) hours of accrued compensatory time in conjunction with any other accrued leave balances. An employee in this unit shall be allowed to cash out any portion or all of their compensatory time balances at any time.
4. Whether or not the requested compensatory time is granted, in lieu of overtime pay, shall be at the sole discretion of Management.
5. Requests for compensatory time off should be made to an employee's immediate supervisor a minimum of five (5) work days prior to the beginning of the first work day requested off.
6. Management shall approve or reject a request for compensatory time off within two (2) management working days of the request.
10 7. The City agrees that additional hours devoted to training, the employee has the option to request either overtime compensation or compensatory time at the rate of time and one- half.
G. Call Back Pay
Any member of this unit who is called back to work after he/she has worked their scheduled shift and has departed from the place of employment shall be compensated with overtime for the time worked at the rate of time and one-half with a minimum of three (3) hours.
H. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing
1. An employee of this unit who is required to attend/standby court/hearing shall be compensated a minimum of four (4) hours callback time at time and one-half, and for each hour thereafter at the employee’s regular hourly rate of pay.
2. An employee of this unit who is required to be available by telephone for Court/DMV Hearing/Parole Hearing, shall be compensated a minimum of two (2) hours overtime at time and one-half, or one-half hour overtime at time and one-half for every hour on standby, whichever is greater.
I. Bilingual Allowance
Employees who perform technical bilingual skills (reading, writing and oral translation) for the benefit of the City on a regular and ongoing basis and who successfully pass a City- administered proficiency test shall receive an allowance based on the level(s) of bilingual competency listed below.
Level I – Oral Translation
For employees who demonstrate the ability to communicate effectively by way of successfully passing the oral proficiency test, shall receive an allowance of two hundred twenty-five dollars ($225.00) per month. Employees who become eligible for Level 1 will be required to serve as an oral translator on a regular and on-going basis, per the City’s needs.
Level II – Written translation
For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred seventy-five dollars ($175.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department’s need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Manager’s approval.
Employees who become eligible for Level II will be required to serve s an oral translator and/or provide written translation in the course of the employee’s duties on a regular and on- going basis, per the City’s needs. These employees may be called upon by other departments on an as need basis.
Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, information brochures, inserts in City utility
11 billings, social media, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.
J. Field Training Officer Assignment
Any personnel in a Sworn Police Officer classification, who is assigned as Field Training Officer for a Police Officer in training shall receive premium pay of two and half percent (2.5%) of base salary per year minimum assign.
K. Senior Police Officer
tThe Chief of Police, at his/her own discretion, shall designate police officers/detectives as Senior Police Officer. To be eligible, officers/detectives must:
1. Not be on Probation or Special Evaluation, and;
2. Have a minimum of five (5) years total experience as a police officer, and;
3. Be recommended by Supervisors and Command Staff.
Qualification for designation of Senior Police Officer shall be based upon performance as reflected in the officer's/detective’s previous performance evaluation, and is renewable on an annual basis. The minimum qualifying performance shall be based on the previous evaluation as follows:
OFFICERS
1. No "Below Standards" ratings, and;
2. At least fifty percent (50%) ratings as “Above Standards” or above in the following specific categories:
a. Section I "Enforcement and Service Delivery," with at least one (1) “Above Standards” or above in either Subsection E (problem solving) or Subsection F (activity and service level);
b. Section II "Report Writing";
c. Section VI "Public Relations and Customer Service"; and
d. Section VII "Work Habits".
DETECTIVES
1. No “Below Standards” ratings, and;
2. At least fifty percent (50%) ratings as “Above Standards” or above in the following specific categories:
12 a. Section I “Investigations”, with at least one (1) “Above Standards” or above in either Subsection D (accomplish your share of the work) or Subsection G (assist in handling the workload of the unit);
b. Section II “Case Reports/Written Work”;
c. Section VI “Public Relations and Customer Service”; and
d. Section VII “Work Habits”.
May result in the suspension of the Senior Police Officer designation. Such suspension of the Senior Police Officer designation shall not constitute disciplinary action and shall not be appealable.
Senior Police Officers shall be eligible to serve as acting supervisors in the event no Police Sergeants are on duty or available. Unless designated as an acting supervisor, Senior Police Officers shall not exercise supervisory duties or authority.
Employees assigned in the capacity of Senior Police Officer shall receive premium pay in the amount of five percent (5.00%) of base salary per month.
Employees currently assigned to Detective Duty shall not be eligible for this Senior Police Officer premium pay.
Employees with a Master Police Officer designation, as described in the section below, may be assigned to serve as a Senior Police Officer. However, employees shall only receive one pay differential – either as a Master Police Officer or as a Senior Police Officer, not both.
Attached hereto is the revised Hollister Police Department Performance Evaluations (Exhibit B).
L. Master Police Officer
Effective the first full pay period after ratification of this MOU, the Master Officer Program shall be introduced.
To be eligible for initial designation as Master Police Officer, Police Officers must:
a. Not be on probation or Special Evaluation
b. Have a minimum of five (5) years’ experience as a full-time Police Officer with the Hollister Police Department.
c. Have no “Below Standards” rating n their most recent evaluation. d. Have successfully completed one special assignment.
i. Special assignments that qualify for Master Police Officer designation include:
1. Detective
2. Mental Health Officer
3. Motor Officer
4. Canine Officer
5. School Resource Officer
13 6. Any other regularly assigned specialty assignment as determined by the Chief of Police.
ii. A special assignment will be considered successfully completed after service in that assignment for at least two 12-month periods with no “Below Standards” evaluation ratings. The 12-month periods need not be consecutive.
e. Have obtained POST certification as a Field Training Officer and served in that capacity with a trainee for at least 20 weeks.
i. If an employee is unable to serve as a Filed Training Officer solely due to a lack of hiring or other staffing reasons, the Chief of Police may assign other training-related duties (i.e. briefing trainings, in-service training) or other projects to satisfy the requirement to actually work as a Field Training Officer.
Master Police Officers will be expected to provide mentoring to new and current employees, serve as Field Training Officers.
Master Police Officers assigned as Detectives shall receive special compensation in the amount of two percent (2.00%) of base salary. Master Police Officers not currently assigned as Detectives shall receive special compensation in the amount of five percent (5.00%) of base salary.
M. Detective Assignment
The Chief of Police may appoint Police Officers and Sergeants to assignment as Detective.
Those so appointed shall serve at the pleasure of the Chief of Police and shall not gain any property interest in the assignment. Those assigned as Detective shall be paid a premium pay of five percent (5%) of base salary per month.
N. Motorcycle Pay
Upon Management's assignment, an employee may be assigned to motorcycle duty. Those assigned shall be compensated a premium pay at three percent (3%) of base salary per month.
Employees assigned to motorcycle duty shall receive an annual stipend of $2,500 to cover all compensation associated with the time spent in an off-duty capacity for the routine daily storage and cleaning needs of their assigned vehicle and related equipment. The City shall remain responsible for the routine service (i.e. oil changes, etc.) and necessary repairs needed for all assigned vehicles. This payment shall be made the first full pay period after a member is assigned to motorcycle duty and annually thereafter.
Employees currently assigned to motorcycle duty shall receive a $2,500 stipend upon ratification of this MOU and annually thereafter.
The $2,500 stipend shall be considered full compensation for all overtime associated with the routine daily storage and cleaning needs of the City assigned vehicle.
O. Gang Enforcement Training Officer
14 The Chief of Police may appoint an officer to the assignment of Gang Enforcement Training Officer. An individual assigned by the Chief of Police shall serve in the assignment at the pleasure of the Chief of Police and shall not gain any property interest in the assignment.
Those assigned as a Gang Enforcement Training Officer shall be paid a premium pay of one point forty-four percent (1.44%) of base salary per month while so assigned.
P. Shift Differential
The City agrees to pay a premium pay shift differential of five percent (5.00%) of base salary per month for sworn personnel who work from 1800 hours to 0600 hours (one complete shift). This differential pay shall only be received when the primary shift assignment is from 1800 hours to 0600 hours. The City agrees to pay a premium pay shift differential of five percent (5.00%) of base salary per month for sworn personnel who work a “cover” or “relief” shift. If during the term of this M.O.U. the patrol work week/shift schedule is different than the current twelve (12) hour shift schedule, this Section will be reopened and a “Meet and Confer” will occur to discuss which hours of any new work week/shift will receive the shift differential pay.
The Chief of Police shall maintain complete and unilateral control to assign and move personnel assigned to these shifts, such that no personnel under these assignments shall retain the five percent (5.00%) shift differential pay if reassigned.
Any such reassignments shall not constitute disciplinary action, and shall not be appealable.
Q. Retention Bonus Program
The City agrees to implement a retention bonus program that will prepay a five percent (5%) annual bonus to the Sworn members of the Association on the last pay period of December.
If an Association Member leaves within the year after receiving the bonus, that Member must reimburse the City a prorated share of that annual bonus.
R. Recruitment and Retention Measures
1. Recruitment Bonus
Entry Level/Academy Grad Action Bonus Amount Paid
Upon Hiring $3,000.00
Upon Completion of Probation (18 months) $4,000.00
Upon Completion of 1 Year After Probation Status Ends $5,000.00 Upon Completion of 2 Years After Probation Status Ends $6,000.00 Upon Completion of 3 Years After Probation Status Ends $7,000.00 Lateral Police Officer Action Bonus Amount Paid
Upon Hiring $5,000.00
15 Upon Completion of Probation (18 months) $5,000.00
Upon Completion of 1 Year After Probation Status Ends $10,000.00 Upon Completion of 2 Years After Probation Status Ends $10,000.00
Recruiter Bonus: $2,000.00 ($1,000.00 at hire and $1,000.00 at completion of probation). A recruiter is defined as a person whom referred, recruited and mentored the candidate through hiring process and probation.
*Referral Bonus: should be considered for any City of Hollister employee that refers a candidate that gets hired by the Hollister Police Department. I recommend a referral bonus of $100-$200 for the City of Hollister employee.
*** Any employee in the chain of hiring employees (HR employees, City Administration and Hollister Police Department Administration) would be exempt from collecting any bonus related to hiring of personnel.
2. Credit of up to 100 hours of Paid Time off (PTO) (sick leave or vacation employee's choice) determined by prior job position credit accrued, for any officer that possesses a Peace Officers Standard and Training (POST) basic certificate at the time of hire.
3. These measures would not be retroactive.
ARTICLE 6. INSURANCE
A. CalPERS Medical
1. Retiree Insurance Benefit
The City shall pay Two Hundred Dollars ($200.00) per month towards medical insurance for Sworn Unit Retirees who have earned a regular CalPERS Service Retirement after fifteen (15) or more years of service to the City of Hollister as a Sworn Officer. This benefit will be paid until the Retiree is Medicare eligible, at which time the benefit will cease. It is the Retiree’s option as to which medical provider plan they use; either CalPERS or Blue Cross HMO. Retirees may choose to remain on the City’s plan or seek their own medical insurance, in which case the Two Hundred Dollars ($200.00) will be paid directly to the Retiree. This article will not apply to any new hires after November 1, 2017.
2. Description
The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter “Plan") is available to full-time employees (hereinafter “Employees").
There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.
16 B. Health Insurance Options
The City shall provide employees with the choice of participating in the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CalPERS.
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan
1. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.
2. The City shall contribute towards the PEMHCA medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.
3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:
A. Beginning August 2024, the City will contribute the amount shown below for the months remaining in Plan Year 2024:
COVERAGE CITY CONTRIBUTION
Employee Only $1,220.85
Employee Plus One $2,441.69
Employee Plus Family $3,174.21
B. For Plan Year 2025 the City will increase its monthly contribution by the actual increase in the PERS Platinum plan up to a maximum of 10%.
C. An amount equivalent to the City’s contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.
D. An amount equivalent to the City’s contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.
4. In the event that surplus Flex Credits are available, all Association Employees shall have the option to allocate such Flex Credits to one or more of the following:
a. Union Employees’ Flexible Spending Account.
b. Roth Individual Retirement Account (IRA).
c. ICMA or City-authorized 457 Deferred Compensation Plan.
17 If an Association Employee’s residual “Flex Credits” are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.
5. Employees who waive either dental and/or vision coverage shall have the option to apply available flex credits towards the cost of any optional premium listed in the respective sections below. The cost of the optional premium not covered by available flex credits shall remain the employee’s responsibility.
6. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section [J] below.
D. Terms for Health Care Participation
Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.
E. Health Care Contributions
1. Employee-only Premium
The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this M.O.U. for each member of the unit for Calendar Year 2022. The employee-only premium for medical insurance shall be in accordance with Section [C] above.
2. Employee Option for Dependent Coverage
Starting Calendar Year 2022, for those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage in accordance with Section [C] above. This section does not affect the current coverage for Calendar year 2021.
F. Vision Insurance
The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this M.O.U.
The City shall offer vision care insurance for employees and qualified dependents as a pre- tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.
G. Dental Insurance
The City shall offer dental care insurance for employees and qualified dependents as a pre- tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.
18 H. Life Insurance
The City shall provide term life insurance in the amount equal to $50,000 for each member of the unit for the term of this M.O.U. Additional term life insurance may be purchased by the employee in increments of $10,000 up to a total of $250,000.
I. Long Term Disability Insurance
The City agrees to provide to all employees within this unit at City cost a Supplemental Long Term Disability Plan, coordinated with other existing benefits to provide no more than a thirty (30) day exclusion or elimination period; no less than a one-year benefit for accident or illness; and a minimum scheduled benefit of sixty-six percent (66%) or two-thirds (2/3) of gross salary to a maximum of $3,500.00 per month for the term of this M.O.U. The City in its sole discretion shall select the Supplemental Long Term Disability Plan carrier that meets these requirements.
J. Health Insurance Waiver Option
1. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:
$535 Employee Only
$1,075 Employee plus one
$1,380 Employee plus family
The compensation will be based on the employer’s contribution towards the premiums for the City's health plan at the level in which the employee was participating (employee only, employee plus one dependent, employee plus two or more dependents) at the time of waiving City insurance coverage in accordance with Section [3] below. This cash amount will be paid as part of the employee's bi-weekly payroll.
2. Employees within this bargaining unit shall be eligible to elect not to participate in the City’s health care program only after participating under the same level of the City’s health care insurance plan for a minimum period of one year immediately preceding the election.
3. Employees within this bargaining unit electing not to participate in the City's health care insurance program must annually provide proof of medical insurance coverage in order to maintain payment under this waiver option.
4. In addition to the coverage options specified under Article 6. Insurance of the Memorandum of Understanding between the City of Hollister and Hollister Police Officers Association, the following optional health benefits shall be available to the employees of this bargaining unit.
K. Optional Health Benefits
Employees that have elected to participate in a City offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making
19 all elections required to participate in the medical insurance, the employee can use that surplus toward optional qualified insurance benefits or one or both of the pre-tax spending accounts. Employees that wish to participate in the optional benefits plan, but do not have any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections.
Employees may pay the premiums for the following benefits on a voluntary basis:
- Medical Insurance
- Dental Insurance
- Vision Insurance
- Group Term Insurance up to $50,000 for Employees only - Accidental Death and Dismemberment Insurance
- Short Term Disability
- Cancer Insurance
- Supplemental Health Insurance
- Vision or Dental Insurance
- Accidental Only Insurance
- Intensive Care Insurance
L. Flexible Spending Accounts (FSA's)
The City agrees to establish a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law.
The City agrees to establish a pre-tax medical reimbursement account, up to the maximum reimbursement allowed by law.
M. Voluntary Life Insurance
The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.
N. Miscellaneous
The City of Hollister does not allow the employee to take the surplus credits in taxable cash.
For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage for the employee and his/her dependents at no cost to the employee.
ARTICLE 7. POST CERTIFICATES / EDUCATIONAL INCENTIVE/
PROFESSIONAL DEVELOPMENT INCENTIVES
A. POST Certificates – Sworn
20 1. Acknowledging the merits of POST Certifications, the City agrees to pay the following amounts in addition to base pay for unit members permanently filling the classification of Police Officer:
a. Intermediate P.O.S.T. Certificate - Three percent (3%) of base salary per month, or
b. Advanced P.O.S.T. Certificate - Six percent (6%) of base salary per month.
2. The City agrees to pay the following amounts in the addition to base pay for unit members permanently filling the classifications of Police Sergeant and Police Lieutenant:
a. Advanced P.O.S.T. Certificate – Six percent (6%) of base salary per month, or
b. Supervisory P.O.S.T. Certificate – Seven percent (7%) of base salary per month.
3. Commencement of Payments
POST Certificate payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee's responsibility to provide these documents to Human Resources in a timely manner.
4. Eligibility
Employees can only receive POST Certificate pay when the minimum requirements of their job does not include they posses a certain POST Certificate. (Example: If a minimum requirement of a job includes possession of a POST Intermediate Certificate, that employee would not be eligible to receive a pay differential for meeting minimum qualifications of the job.)
B. Education Pay – All Unit Employees
1. Acknowledging the merits of continued education, the City agrees to pay the following amounts in addition to base pay:
a. BA or BS Degree – Two and one-half percent (2.5%) of base pay.
2. Commencement of Payments
Educational incentive payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee’s responsibility to provide these documents to Human Resources in a timely manner.
C. Professional Development Incentives - Non-Sworn
1. Non-sworn employees shall be eligible to receive a one-time incentive for obtaining certificates provided the employee has completed his/her probationary period. A
21 Professional Development Incentive shall not be awarded if the certifications are a minimum requirement for the position.
Certificates must relate to the employee's current position or future lateral or promotional opportunities within the City.
Vocational Training, for purposes of this Section, is defined as a minimum of eight (8) hours of specific training in a career field which results in a certificate of completion. The minimum eight (8) hours shall be documented classroom time, or in the case of a correspondence program will be identified as the average length of time required to complete the program certification as documented by the certifying agency or institution.
A maximum of two (2) incentives per calendar year can be received by an employee.
a. Professional Certificates - $2,500 Lump Sum:
Certified Public Accountant
Paralegal Certificate
b. Technical Certificates* - $2,000 Lump Sum:
Microsoft Office User Specialist (MOUS)
Evidence Technician Certification
Certified Code Enforcement Officer
c. Vocational Certificates* - $20.00 per hour, Lump Sum:
{Paid by average length of time required to complete course. Lump sum payment to be a minimum of $160.00 [eight (8) hours].}
Spreadsheet - Microsoft Excel
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Database - Microsoft Access
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* Additional courses/classes may be approved by the Chief of Police.
2. Professional Development Incentive payments shall commence on the next pay period following the issuance of the Degree and/or certification after submission to the Chief of Police.
ARTICLE 8. JOB RELATED DISABILTIES AND THE AMERICANS WITH
DISABILITIES ACT
A. Job Related Disabilities
City agrees to comply with the Labor Code of the State of California for employees within this unit deemed disabled or temporarily disabled as a result and because of such job related injury which requires them to be absent from active City service.
22 B. Americans With Disabilities Act
The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Association of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.
ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT
A. Uniform Allowance
The City agrees to provide new hires attending the Academy all necessary uniforms. For all other new hires, the City agrees to provide two sets of uniforms upon hiring. If a unit member chooses to acquire any uniform items above this amount, that unit member shall pay out-of-pocket for those costs at no expense to the City.
The City also agrees to contribute forty-five dollars ($45.00) per pay period, for each unit member, to cover all ongoing uniform costs.
Unit members shall use this uniform allowance to regularly maintain and/or replace their uniforms as needed. Unit members are responsible for maintaining and replacing uniforms to meet the standards of the Police Chief.
B. Boot Allowance
The City agrees to provide each employee in the unit with an annual reimbursement up to three hundred dollars ($300.00) per year upon presentation of satisfactory proof-of- purchase. Reimbursement will be made upon presentation of satisfactory proof-of-purchase for boots or over-the-counter or prescription orthotics which are approved and authorized by City management. Used boots that were purchased in the prior four years are the property of the City and shall be returned to the City. Used boots that were purchased four or more years prior may be retained by the employee upon replacement.
Employees may use all or a portion of the boot allowance for necessary repairs of existing boots, including insole or outsole replacement, recrafting, or other repair services. In no case shall the boot allowance for repairs and / or purchases exceed three hundred dollars ($300.00) per year.
C. Safety Equipment
23 The City agrees to continue to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.
ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL
This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by sworn employees covered by this M.O.U.
A. Definition
A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement which adversely affects the grievant.
B. Stale Grievance
A grievance shall be void unless filed in writing within fifteen (15) calendar days from the date upon which the City is alleged to have misinterpreted or misapplied this agreement, or with fifteen
(15) calendar days from the time an employee might reasonably have been expected to have learned of the alleged misinterpretation or misapplication. Such discovery period shall not exceed one hundred eighty (180) days regardless of the date of discovery. In no event shall a grievance include a claim for money relief for more than the fifteen (15) day period plus such reasonable discovery period.
C. Informal Discussion with Employee's Supervisor
Before proceeding to the formal grievance procedure, an employee shall discuss his/her grievance with his/her immediate supervisor in private and attempt to work out a satisfactory solution. Any solution reached at this level must be confirmed in writing by the Human Resources Officer to assure compliance with this agreement before it has any binding effect.
D. Formal Written Grievance to Employee's Supervisor
If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.
24 E. Grievance to Department Head/City Manager
The Department Head or the City Manager, if the Department Head was the grievant's immediate supervisor, shall have seven (7) working days in which to review and answer the grievance in writing. Unless waived by mutual agreement of the employee or his/her representative and the Department Head or City Manager, a meeting is required at this level and the employee and his/her representative shall have the right to be present and participate in such a meeting. The time limits at this level may be extended by mutual agreement between the Department Head or City Manager and the employee or his/her representative.
F. Waiver of Appeal Steps
If the grievance is not resolved after the immediate supervisor has answered it in writing, the grievant(s) and the Department Head may, by mutual agreement, waive review of the grievance at Step E and proceed to present the grievance to the City Manager.
G. Advisory Fact Finding of Grievances
In the event the grievance is not resolved by the City Manager, the recognized employee organization may within fifteen (15) calendar days after receipt of the decision of the City Manager, request that the grievance be heard by a Fact Finder.
H. Selection of a Fact Finder
The Fact Finder shall be selected by mutual agreement between the City and the Association. If the parties are unable to agree on the selection of a Fact Finder, they shall jointly request the State Mediation and Conciliation Service to submit a list of five (5) qualified Fact Finders. The City and the grievant, or his/her representative, shall then alternately strike names from the list until only one name remains, and that person shall serve as Fact Finder.
I. Duty of a Fact Finder
1. Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the Fact Finder to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be advisory in nature.
2. The proposed disposition shall be based solely on the interpretation of the applicable provisions of the M.O.U. and other Personnel Rules if applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the M.O.U. or such Rules.
J. Payment of Costs
Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith. All fees and expenses of the Fact Finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the
25 grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.
K. Effect of Failure of Timely Action
Failure of the employee(s) to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.
L. Continued Discussions
The Parties agree to continue discussions regarding the Grievance Procedure. Any changes to the current procedure will occur by mutual agreement only.
ARTICLE 12. LEAVES
The City shall continue the current sick leave and bereavement leave rules as defined in this Article for the term of this M.O.U.
A. Bereavement Leave
Bereavement leave is a separate paid leave which is available to all employees at the time of death or funeral of a member of the employee's immediate family as defined below:
Wives/Husbands Grandparent(s)
Grandparent(s)-in-law Children
Grandchildren Legal guardians
Fathers Mothers-in-law
Aunts Mothers
Fathers-in-law Uncles
Brothers Sisters-in-law
Nieces Sisters
Brothers-in-law Nephews
B. Family Sick Leave - Within Existing Benefit
An employee may be granted up to a total of forty (40) hours of sick leave in a twelve (12) month period for the purpose of caring for a spouse, parent, or children as defined below.
The City Manager can make exceptions to the below upon request of an individual. This exception by the City Manager can include domestic partners.
1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.
26 2. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (3.) below. This term does not include parents "in law".
3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “Incapable of Self-Care because of a Mental or Physical Disability.”
a. “Incapable of Self-Care” means that the individual requires active assistance or supervision to provide daily self-care in three (3) or more of the "activities of daily living"' (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
b. “Physical or Mental Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.
c. Persons who are "In Loco Parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
d. For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.
ARTICLE 13. LAYOFF
The City shall have the sole right to determine which class(es) shall be subject to layoff.
A. Order Of Layoff
1. The order of layoff of employees within a class or classes subject to layoff, shall be:
a. Provisional or Temporary Employees
b. Part-time Employees
c. Probationary Employees
27 d. Permanent Employees
2. Within each of the first three (3) categories, the order of lay-off shall be at the discretion of the Appointing Authority. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first. Among employees with equal seniority, the order of layoff shall be determined by the Appointing Authority.
B. Seniority Determination
1. Each employee shall receive one (1) point per full month of service in the classification the employee is working at the time a layoff is being imposed. In addition, the employee shall receive one-half (1/2) of a point per full month of service in any other unit classification, which the employee has worked and one-quarter (1/4) of a point per full month of current services in any non-bargaining unit classification. The total of such points shall determine the employee's seniority.
2. Employees subject to layoff may first displace employees of lower seniority in any comparable classification, as determined by the City Manager. As a second alternative to layoff, employees subject to layoff may take a voluntary demotion to any lower classification within the same division of the unit in which the employee had prior permanent status, provided a vacancy exists, or the demoted employee has higher seniority than an employee working in that classification. As a third alternative to layoff, an employee subject to layoff may take voluntary demotion to a vacant position in a lower classification provided the employee can, through a non-competitive examination, establish proof to the satisfaction of the appointing authority that he/she is capable of performing the job.
3. In the event the demoted employee in all the above alternatives has equal seniority with the least senior employee working in the lower classification, the employee to be laid off shall be determined by total seniority with the unit. If such unit seniority is also equal, the employee to be laid off shall be determined by the appointing authority.
C. Re-employment
Employees laid off or demoted in lieu of layoff shall have a priority right of return to their prior class or to any lower class in the same or comparable classification series. This right shall remain effective for two (2) years from the date of demotion or separation from the service.
The only exception being that any individuals that have been separated from the City will have to meet the current medical and background requirements.
ARTICLE 14. MISCELLANEOUS
A. Personnel Notices
Police Department management shall notice all officers of any intra departmental promotional possibilities and exams thereto at least thirty (30) days in advance of any exam or record review leading to such promotion.
28 B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program
“Tuition Aid” is defined as a full or partial payment or reimbursement of registration fees and the minimum requirement of tests for specialized individual academic training which is related to the employee's current job or which prepares an employee for a promotional opportunity within City service. Texts purchased for training by the City will become the City's property upon completion of the training. The individual will have the option of purchasing the texts from the City.
1. Tuition aid for specialized training shall be made to the employee only upon evidence of completion of the training. In those instances, where it is desirable because of the nature of the training to advance tuition aid, a Department Head may request payment of tuition aid prior to the training.
2. Tuition aid for academic training shall be made to the employee only upon evidence of satisfactory completion of the training. Satisfactory completion will be considered a grade of “C” or better, or a grade of pass in a pass/fail grading system.
3. The following procedure shall apply for obtaining tuition aid.
a. Employees who desire tuition aid for specialized individual training or academic training shall submit their requests to their department head.
b. Requests will be reviewed by the Department Head and forwarded with recommendation to the Human Resources Officer for authorization. Requests for aid and costs shall be processed within the administrative section of the department's budget. Prior authorization of the Human Resources Officer must be obtained before the training starts in order for the employee to qualify for the tuition aid. Employees will be required to pay the tuition costs themselves, prior to the course, but will be reimbursed if the course is authorized and successfully completed as provided for herein. When the training is completed, evidence of satisfactory completion of the training must be submitted to the Human Resources Officer for the purpose of obtaining reimbursement.
c. An employee being subsidized by another agency, either governmental or private, shall receive tuition aid only to the extent not reimbursed by such other agency.
4. The City will pay a maximum of Three Thousand Five Hundred Dollars ($3,500.00) per fiscal year to any eligible unit member that meets the above listed criteria for tuition aid.
5. A Tuition Reimbursement Advancement Program would allow police personnel who are in good standing, have completed their probationary period and has received approval form their supervisor to have amounts in excess of the Three Thousand Five Hundred Dollars $3,500 in one year.
The program would require the employee to enter into an employment contract with the city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.
29 Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 to finish his/her Bachelor’s degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.
C. Vacation Accrual And Vacation Allowance
1. The City agrees to provide vacation leave accrual for each represented unit member as follows:
Years of Service Annual Vacation
Accrual
1st through completion of 3rd 12 Days
4th through completion of 7th 17 Days
8th through completion of 15th 22 Days
16th through completion of 20th 24 Days
beginning of 21st Year 27 Days
2. Upon prior written approval by the City Manager, vacation accrual beyond two hundred eighty (280) hours may occur.
3. Unit Members may cash out vacation leave hours in increments of ten (10) hours as long as it has been budgeted and must have the City Manager’s Approval. Compensation for vacation leave cashed out will be made at the employee’s rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance.
Payments of cashed-out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.
4. Effective upon the signing of this Agreement, for recruiting purposes only, based upon a new employee’s previous years of service as a Peace Officer with the Agency they just left, the new employee may receive, at the time of hire, a vacation accrual rate higher than the City’s beginning accrual rate of six point six-seven (6.67) hours per month, or three point zero eight (3.08) hours per pay period. The higher accrual rate will be in accordance with the City’s current Annual Vacation Accrual Schedule.
D. CalPERS Credit For Unused Sick Leave
The City shall continue to provide the CalPERS Section 20965 “Credit For Unused Sick Leave” benefit for Police - Safety members as recognized by PERS, for the term of this agreement.
30 E. Sick Leave Conversion To Cash
Eligible unit employees may convert a percentage of accrued, unused sick leave to cash at death or retirement from City employment. The provisions for this policy are as follows:
1. Employees of this unit may not "cash out" or be compensated for any of the first two hundred forty (240) hours of sick leave accrued.
2. Any current employee of this unit having completed ten (10) years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of retirement from City service.
The surviving spouse, beneficiary(s), dependent(s) or estate of any current employee of this unit who has completed ten (10) years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of death.
Any current employee of this unit having completed ten (10) years of continuous service with the City and having an unused sick leave accrual balance exceeding five hundred (500) hours may, at their option, "cash out" up to a maximum of ninety-six (96) hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than five hundred (500) hours.
Compensation for unused, accrued sick leave will be made at the employee's rate of pay at the time of "cash out". Requests for payment of unused sick leave as described herein, shall be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year.
Payments of "cashed out" unused sick leave will be made on the first pay day which follows June 1st and December 1st of each year.
F. Probationary Period
1. All new sworn-unit members that are hired after the adoption of this M.O.U. will serve an eighteen (18) month probationary period, which will include the time spent at the Police Academy.
2. All members who leave the City's employment and return to the City within one (1) year (364 calendar days) will be placed on a three (3) month probationary period as long as the employee:
a. Left the City of Hollister in good standing; and
b. Achieved at least “satisfactory” on their last evaluation with the City of Hollister.