Agenda packet, special meeting, first session — Hollister City Council, December 2, 2024 (part 2 of 2)

*3363218%ESCROWAGREEMENT%09.15.2024*
*3363218%ESCROW AGREEMENT%09.15.2024*

ESCROW AGREEMENT
THIS AGREEMENT, made and entered into as of September 15, 2024, by and among KS StateBank, (Hereinafter referred to as the Escrow Agent), Leasing 2, Inc., a corporation duly organized and existing under the laws of the State of Florida (Hereinafter referred to as the Obligee), and the City of Hollister, California, a political subdivision of the State of California (Hereinafter referred to as the Obligor):

WITNESSETH THAT, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows:

Section 1. Recitals.

1.01. Obligee and Obligor have entered into Government Obligation Contract dated as of September 15, 2024, (Hereinafter referred to as the Contract), a duplicate original of which has been furnished to the Escrow Agent, whereby Obligee has agreed to finance and sell certain personal property described therein (Hereinafter referred to as the Equipment) to Obligor, and Obligor has agreed to finance and purchase the Equipment from Obligee, in the manner and on the terms set forth in the Contract.

1.02. This Agreement is not intended to alter or change in any way the rights and obligations of Obligee and Obligor under the Contract, but is entirely supplemental thereto.

1.03. The terms capitalized in this Agreement but not defined herein shall have the meanings given to them in the Contract.

1.04. Under Section 2.02 of the Contract, Obligee is required to deposit or cause to be deposited with the Escrow Agent the principal amount listed in that section, which is required to be credited to the Equipment Acquisition Fund established in Section 2 hereof and used to pay the Equipment Cost of the items of Equipment, and, to the extent not needed for this purpose, is required to be repaid to Obligee. At Obligee’s sole discretion, Obligee shall either a) return the principal amount remaining to Obligor, or b) reduce the outstanding principal amount of the Contract.

1.05. Under the Contract, either Obligee or Obligor will cause each item of Equipment to be ordered by the Contractor therefor. The Equipment Cost to be paid to the Contractor supplying the item of Equipment shall be paid solely from the amount deposited with the Escrow Agent as described in Section 1.04 hereof, in accordance with this Agreement.

1.06. Subject to such control by Obligor as is provided for herein, Obligee and Obligor agree to employ the Escrow Agent to receive, hold, invest and disburse the money to be paid to the Escrow Agent by Obligee as described in Section 1.04, all as hereinafter provided; however, the Escrow Agent shall not be obligated to assume or perform any obligation of Obligor or Obligee or any Contractor with respect thereto or under the Contract by reason of anything contained in this Agreement.

1.07. Each of the parties has authority to enter into this Agreement, and has taken all actions necessary to authorize the execution of this Agreement by the officers whose signature are affixed hereto.

Section 2. Equipment Acquisition Fund.

2.01. The Escrow Agent shall establish a special escrow fund designated as the “Equipment Acquisition Fund” (the Equipment Acquisition Fund), shall keep such Fund separate and apart from all other funds and moneys held by it, and shall administer such Fund as provided in this Section 3 hereof.

2.02. All moneys paid to the Escrow Agent by Obligee pursuant to Section 1.04 of this Agreement shall be credited to the Equipment Acquisition Fund. The Escrow Agent shall use the moneys in the Equipment Acquisition Fund to pay the Equipment Cost of each item of Equipment subject to the Contract, upon receipt with respect thereto of a Payment Request and Equipment Acceptance Form attached hereto as Exhibit B, executed by Obligor, fully completed and with all supporting documents described therein attached hereto. Upon receipt of a Payment Request and Equipment Acceptance Form with respect to any item of Equipment, an amount equal to the Equipment Cost as shown therein shall be paid directly to the person or entity entitled to payment as specified therein. The Payment Request and Equipment Acceptance Form must be signed by an authorized individual acting on behalf of Obligor. The authorized individual or individuals designated by the Obligor must sign the Signature Card which will be kept in the possession of the Escrow Agent. Each Payment Request and Equipment Acceptance Form will be checked against this Signature Card by the Escrow Agent. The Obligee may elect to independently verify the representations of the Obligor on the Payment Request and Equipment Acceptance Form. If the Obligee does not make such election then the Escrow Agent is allowed to rely on such signatures and such statements as provided for herein.

2.03. Obligor shall furnish to the Escrow Agent as soon as available, a copy of the order for all Equipment ordered pursuant to the Contract, showing the Equipment Cost and the estimated delivery date. If funds remain in the Equipment Acquisition Fund, excluding the principal amount referred to in Section 1.04 above and the accrued interest earned in the Equipment Acquisition Fund up to the amount equal to the sum of the draws listed in Section 2.06 below, after the full delivery and acceptance of the Equipment, then the Escrow Agent shall return the accrued interest to the Obligor by applying the amount to the next payment.

2.04. The Escrow Agent shall only be responsible for the safekeeping and investment of the moneys held in the Equipment Acquisition Fund, and the disbursement thereof in accordance with this Section, and shall not be responsible for the authenticity or accuracy of such certifications or documents, the application of amounts paid pursuant to such certifications by the persons or entities to which they are paid, or the sufficiency of the moneys credited to the Equipment Acquisition Fund to make the payments herein required.

2.05. If Obligee delivers to the Escrow Agent written notice of the occurrence of an Event of Default under the Contract, then the Escrow Agent shall immediately remit to Obligee the remaining balance of the Equipment Acquisition Fund.

Obligee and Obligor hereby agree that the Escrow Agent is authorized to release funds from the Equipment Acquisition Fund as described in this section only after such funds have remained in the Equipment Acquisition Fund for the time periods and in the amounts as follows: Immediately $1,429,336.81

2.06. Prior to the disbursement of any funds from the Escrow Account, the Obligor must either (1) deposit all the down payment funds that the Obligor has committed towards the purchase of the Equipment into the Escrow Account or (2) Obligor must provide written verification to the satisfaction of both the Obligee and Escrow Agent that all the down payment funds Obligor has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request and Equipment Acceptance Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee.

Section 3. Moneys in Equipment Acquisition Fund: Investment.

3.01. The moneys and investments held by the Escrow Agent under this Agreement are irrevocably held in trust for the benefit of Obligor and Obligee, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to levy or attachment of lien by or for the benefit of any creditor of either Obligor or Obligee.

3.02. Moneys held by Escrow Agent hereunder shall be invested and reinvested by the Escrow Agent upon order of Obligor only in Qualified Investments, which Qualified Investments include any investment from time to time authorized by law for the investment of moneys. The Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Section. Such investments and reinvestments shall be made giving full consideration for the time at which funds are required to be available. No investment shall be made that would cause the Contract to be deemed an “arbitrage bond” within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended.

3.03. The Escrow Agent shall, without further direction from Obligor, sell such investments as and when required to make any payment from the Equipment Acquisition Fund. Any income received on such investments shall be credited to the Fund.

3.04. The Escrow Agent shall, upon written request, furnish to Obligor and Obligee, an accounting of all investments. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment moneys made by it in accordance with this Section.

Section 4. Escrow Agent's Authority: Indemnification.

4.01. The Escrow Agent may act in reliance upon any writing or instrument including, without limitation, the Payment Request and Equipment Acceptance Form or signature which is, in good faith, believed to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. The Escrow Agent shall not be liable in any manner for the sufficiency for correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall be limited to those specifically provided herein.

4.02. Unless the Escrow Agent is guilty of willful misconduct with regard to its duties hereunder, Obligor and Obligee jointly and severally hereby agree to indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. The Escrow Agent shall be vested with a lien on all property deposited hereunder, for indemnification, for reasonable attorneys' fees, court costs, for any suit, interpleader or otherwise, or any other expense, fees or charges of any character or nature, which may be incurred by the Escrow Agent by reason of disputes arising between Obligor and Obligee as to the correct interpretation of the Contract or this Agreement and instruction given to the Escrow Agent hereunder, or otherwise, with the right of the Escrow Agent, regardless of the instructions aforesaid, to hold the said property until and unless said additional expenses, fees and charges shall be fully paid.

4.03. If Obligor and Obligee shall be in disagreement about the interpretation of the Contract or this Agreement, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified for all

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costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Agreement until a final judgment in such action is received.

4.04. The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes or facts or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct.

Section 5. Escrow Agent's Compensation.

5.01. Obligor hereby agrees to pay the Escrow Agent $200.00 as compensation for the services to be rendered hereunder, and will pay and/or reimburse the Escrow Agent upon request for all expenses, disbursements and advances, including reasonable attorneys' fees, incurred or made by it in connection with carrying out its duties hereunder. The first twenty disbursements made from the Equipment Acquisition Fund shall be made without cost to the Obligor. There will be a $25 fee assessed to the Obligor debited from the Equipment Acquisition Fund for each additional disbursement made thereafter. The Escrow Agent's fee shall be payable upon execution of this Agreement.

Section 6. Change of Escrow Agent.

6.01. A national banking association located in the State of Kansas, or a state bank organized under the laws of the State of Kansas, qualified as a depository of public funds, may be substituted to act as Escrow Agent under this Agreement, upon agreement of the parties hereto. Such substitution shall not be deemed to affect the rights or obligations of the parties. Upon any such substitution, the Escrow Agent agrees to assign to such substitute Escrow Agent its rights under this Agreement.

6.02. The Escrow Agent or any successor may at any time resign by giving mailed notice to Obligor and Obligee of its intention to resign and of the proposed date of resignation, which shall be a date not less than thirty (30) days after such notice is deposited in the United States mail with postage fully prepaid, unless an earlier resignation date and appointment of a successor Escrow Agent shall have been or are approved by Obligor and Obligee.

6.03. The Escrow Agent may appoint an agent to exercise any of the powers, rights or remedies granted to the Escrow Agent under this Agreement, and to hold title to property or to take any other action which may be desirable or necessary.

Section 7. Administrative Provisions.

7.01. The Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Agreement, which shall be available for inspection by Obligor or Obligee, or the agent of either of them, at any time during regular business hours.

7.02. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at this address set forth in the attached Exhibit D or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received forty-eight (48) hours after deposit in the United States mail in registered form, with postage fully prepaid.

7.03. This Agreement shall be construed and governed in accordance with the laws of the State of Kansas.

7.04. Any provision of this Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Agreement.

7.05. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The term “Obligee” as used herein means any person or entity to whom Obligee has assigned its right to receive Contract Payments under the Contract and any payments due to Obligee hereunder from and after the date when a duplicate original of such assignment is filed with the Escrow Agent.

7.06. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Contract.

7.07. This Agreement shall terminate upon disbursement by the Escrow Agent of all moneys held by it hereunder.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.

KS StateBank , Escrow Agent Leasing 2, Inc.

Signature Signature
Curtis A. Loub, Vice President/General Counsel
Printed Name and Title Printed Name and Title

City of Hollister, California

Signature

Printed Name and Title

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EXHIBIT A

SIGNATURE CARD
RE: Escrow Agreement dated as of September 15, 2024, between KS StateBank (Escrow Agent), Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor)
The below signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund. By signing below, the undersigned represents and warrants that s/he has received all appropriate authority from City of Hollister, California.

City of Hollister, California

Signature

Printed Name and Title

Signature of additional authorized individual (optional) of Obligor

Signature

Printed Name and Title

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EXHIBIT B

PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM
RE: Escrow Agreement dated as of September 15, 2024, between KS StateBank (Escrow Agent), Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor)
In accordance with Section 2.02, by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. The Obligor hereby represents and warrants for all purposes that:

1. Pursuant to the invoice attached hereto, the amount to be disbursed is $ and this amount is consistent with the Contract between Obligor and vendor.

2. Payment is to be made to: Payee:

3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release of funds from the Equipment Acquisition Fund to pay for a portion, or all, of the Equipment: (1) Invoice from the vendor, (2) copy of the Contract between Obligor and vendor (if requested by the Obligee), (3) Insurance Certificate (if applicable), (4) front and back copy of the original MSO/Title listing KS StateBank and/or its assigns as the first lien holder (if applicable) . By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this portion of the Equipment for all purposes under the Contract, including, without limitation, the obligation of Obligor to make the Contract Payments with respect thereto in a proportionate amount of the total Contract Payment.

4. No amount listed in this exhibit was included in any such exhibit previously submitted.

5. Each disbursement hereby requested has been incurred and is a proper charge against the Equipment Acquisition Fund. No amount hereby requested to be disbursed will be paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of execution and delivery of the Contract.

6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor’s specifications and accepted for all purposes.

7. That Obligor is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim to such title that Obligor will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to such Equipment, or a portion thereof, and keep the Contract in full force and effect. Furthermore, Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State.

8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year.

9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.

I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Payment Request and Equipment Acceptance Form.

Please forward this document and any correspondence relating to vendor payment to:

Email: [email protected]
or
Fax: (813) 258-9333

Please call (800) 287-5155 if you have any questions.

City of Hollister, California

Signature

Printed Name and Title

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EXHIBIT C

OBLIGOR ACKNOWLEDGEMENT
RE: Escrow Agreement dated as of September 15, 2024, between KS StateBank (Escrow Agent), Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor)
Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above-mentioned Contract.

Please complete the below information, attach another page if necessary

Vendor Name:

Equipment:

Amount of Equipment:

Vendor Name:

Equipment:

Amount of Equipment:

Vendor Name:

Equipment:

Amount of Equipment:

Vendor Name:

Equipment:

Amount of Equipment:

Vendor Name:

Equipment:

Amount of Equipment:

Obligor will immediately notify Obligee if any of the information listed above is changed.

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EXHIBIT D

RE: Escrow Agreement dated as of September 15, 2024, between KS StateBank (Escrow Agent), Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor)

KS StateBank, Escrow Agent
1010 Westloop, P.O. Box 69
Manhattan, Kansas 66505-0069

Leasing 2, Inc., Obligee
1720 West Cass Street, Unit B
Tampa, Florida 33606

City of Hollister, California, Obligor
375 Fifth Street
Hollister, California 95023

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INSURANCE REQUIREMENTS
Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment.

A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered.

Insured: Certificate Holder:

City of Hollister, California KS StateBank AOIA (and/or Its Assigns) 375 Fifth Street 1010 Westloop, P.O. Box 69
Hollister, California 95023 Manhattan, Kansas 66505-0069

1. Equipment Description
 One (1) Rosenbauer Fire Truck
 Please include all applicable VIN’s, serial numbers, etc.

2. Deductible
 The deductible amounts on the insurance policy should not exceed $100,000.00.

3. Physical Damage
 All risk coverage to guarantee proceeds of at least $1,987,598.81.

4. Liability
 Minimum Combined Single Limit of $1,000,000.00 on bodily injury and property damage.

5. Additional Insured and Loss Payee
 KS StateBank AOIA (and/or Its Assigns) MUST be listed as additional insured and loss payee.

6. Rental Interruption / Abatement Insurance
 As set forth in Section 5.01(c) of the Contract.

Please forward certificate as soon as possible to: Email: [email protected] or
Fax: (813) 258-9333

Please complete the information below and return this form along with the Contract.

City of Hollister, California
Insurance Company:

Agent’s Name:

Telephone #:

Fax #:

Address:

City, State Zip:

Email:

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*3363218%ACHAUTHORIZATION%09.15.2024*
*3363218%ACHAUTHORIZATION%09.15.2024*
*PREFERRED*

*As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date.

DEBIT AUTHORIZATION

I hereby authorize KS StateBank Government Finance Department to initiate debit entries for the Payment Amount (including, but not limited to, any late fees, rate changes, escrow modifications, etc.). I acknowledge that KS StateBank Government Finance Department may reinitiate returned entries up to two additional times, to the account indicated below at the financial institution named below and to debit the same to such account for:

Contract Number Payment Amount Frequency of Payments
3363218 $202,959.96 Annual
Beginning Day of Month
Month Year Debits will be made according to Exhibit B of the Contract

I acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law.

Financial Institution Name Branch

Address City State Zip

Routing Number Account Number

Type of Account Checking Savings If the account does not have sufficient funds, KS StateBank Government Finance Department may attempt, but shall have no obligation to continue to attempt to deduct the payment from the account. If the account has insufficient funds when KS StateBank Government Finance Department attempts to deduct a payment, KS StateBank Government Finance Department may terminate the automatic deduction of payments upon notice to borrower and me. Until such time as payment is made, borrower shall be responsible to make such payments, and all other payments that may be due to KS StateBank Government Finance Department regarding the above-referenced loan.

This authority is to remain in full force and effect until KS StateBank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford KS StateBank a reasonable opportunity to act on it.

Obligor Name on Contract
City of Hollister, California
Signature Printed Name and Title

Tax ID Number Date
94-6000348

PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM!

USA Patriot Act
USA Patriot Act requires identity verification for all new accounts. This means that we may require information from you to allow us to make a proper identification.

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8038 REVIEW FORM

The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule.

1. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions.

2. If the information provided to you on this form is accurate, please sign where indicated and return with the document package.

3. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the 8038 form, we will make such changes and provide notification to you.

4. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury.

Important Note:

The IRS is now requesting information regarding tax-exempt issuers’ and borrowers’ written policies and procedures designed to monitor post- issuance compliance with the federal tax rules applicable to tax-exempt obligations (boxes 43 and 44). Do not check items 43 and 44 on the 8038 form unless you have established written procedures in accordance with the instructions referenced directly below. If you choose to “check” items 43 and/or 44, please be prepared to provide copies of such written procedures to the Paid Preparer or any representatives of the IRS upon request.

Written procedures should contain certain key characteristics, including making provisions for:

• Due diligence review at regular intervals;
• Identifying the official or employee responsible for review; • Training of the responsible official/employee;
• Retention of adequate records to substantiate compliance (e.g., records relating to expenditure of proceeds); • Procedures reasonably expected to timely identify noncompliance; and • Procedures ensuring that the issuer will take steps to timely correct noncompliance.

For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website:
http://www.irs.gov/app/picklist/list/formsInstructions.html , or contact your local IRS office.

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Form 8038-G
(Rev. October 2021)

Department of the Treasury
Internal Revenue Service
Information Return for Tax-Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e)
► See separate instructions.

Caution: If the issue price is under $100,000, use Form 8038-GC. ► Go to www.irs.gov/F8038G for instructions and the latest information.

OMB No. 1545-0047
Part I Reporting Authority Check box if Amended Return ►  1 Issuer’s name 2 Issuer’s employer identification number (EIN) City of Hollister, California 94-6000348
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a

4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 375 Fifth Street 3
6 City, town, or post office, state, and ZIP code 7 Date of issue Hollister, California 95023 09/15/2024
8 Name of issue 9 CUSIP number
Government Obligation Contract None
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information 10b Telephone number of officer or other employee shown on 10a
Ms. Casey Estorga, Administrative Services Director (831) 636-4301 Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 1,447,646 84 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 18 Other. Describe ► 18
19 If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . . . . . . . ►  If obligations are BANs, check only box 19b . . . . . . . . . . . . . . . . . . . . . . . . .►  20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . . . . . . . . ► 

Part III Description of Bonds. Complete for the entire issue for which this form is being filed. (a) Final maturity date (b) issue price (c) Stated redemption price at maturity
(d) Weighted
average maturity (e) Yield
21 01/15/2035 $ 1,447,646.84 $ 1,429,336.81 6.124 years 6.381 % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . . . . . . . . . . . 23 1,447,646 84 24 Proceeds used for bond issuance costs (including underwriters’ discount) . . . . 24 18,310 03

25 Proceeds used for credit enhancement . . . . . . . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . . . . . 26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V. . . . . . . . 27 28 Proceeds used to refund prior taxable bonds. Complete Part V. . . . . . . . . 28 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 18,310 03 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . . . . . . . . 30 1,429,336 81 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . . . . . . . . . ► years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . . . . . . . . . ► years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) . . . . . . . . . ► 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) . . . . . . . . . . . . . . . . .

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 10-2021)

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Form 8038-G (Rev. 10-2021) Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . . . . . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC► (MM/DD/YYYY) c Enter the name of the GIC provider ►
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ►  and enter the following information:
b Enter the date of the master pool bond ►(MM/DD/YYYY)
c Enter the EIN of the issuer of the master pool bond ► d Enter the name of the issuer of the master pool bond ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . . . . . . . . . ►  40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . . . . . . . . . . . ►  41a If the issuer has identified a hedge, check here ►  and enter the following information:
b Name of hedge provider ►
c Type of hedge ►
d Term of hedge ►
42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►  43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . . . . . . . . . ► 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . . . . . . . . ►  45a If some portion of the proceeds was used to reimburse expenditures, check here ►  and enter the amount of reimbursement. . . . . . . . . . . ► b Enter the date the official intent was adopted ► (MM/DD/YYYY)

Signature
and
Consent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.  
Signature of issuer’s authorized representative Date Type or print name and title Paid
Preparer
Use Only
Print/Type preparer’s name Preparer’s signature Date Check  if self-employed
PTIN
H. Evan Howe 08/27/2024 P01438994
Firm’s Name ► Baystone Financial LLC Firm’s EIN ► 48-1223987 Firm’s Address ► 10601 Mission Road, Suite 200, Leawood, KS 66206 Phone no. (800) 752-3562 Form 8038-G (Rev. 10-2021))

H. Evan Howe
KS StateBank
2024.08.28 10:37:06-05'00'

Page 320 of 416 ends

Proposal Date:

Equipment Description:

Commencement Date:

Equipment Cost:

Lessee Down Payment:

Amount Financed:

Lease Term:

First Payment Date:

Payment Frequency:

Interest Rate:

Payment Amount:

Qualifications:

Financing by:Leasing 2, Inc.

Contact:Rick Carney
Phone:813-258-9888 x16
Email:[email protected]
Web: www.leasing2.com

6.48%
1/15/2026

1. Pricing: This is a lease proposal for the payment stream(s) indicated above. If any of the information identified above are not correct, please advise us so that we can determine if a new proposal is required. Other important elements of this proposal are:

$199,750.55
Annual
10 Years
Option 1

LEASE FINANCING PROPOSAL
Burton's Fire, Inc.

Requested by
Presented To (As Lessee)
Representing
City of Hollister, CA
November 19, 2024
$558,262.00
$1,987,598.81
December 15, 2024
$1,429,336.81
1- Rosenbauer Tiller on a Custom Commander Chassis

5. Credit Approval and Documentation: This is a proposal only, and does not represent a commitment to lease. This financing is subject to credit review and approval and execution of mutually acceptable documentation, including the opinion of lessee's counsel opining that the agreement is legal, valid and binding, obligation of Lessee.

3. Financial Reporting: All city, county and tax districts (including fire districts) will be expected to provide GAAP audited financial reports. All non-for profit corporations (vfd's) will be expected to provide IRS 990 federal tax returns. If you do not maintain these types of financial reports, please contact us to discuss.
b) Closing Costs: There will be no up-front costs of any kind charged by Lessor including closing costs, points, administrative costs, etc.

Your attorney may charge you to review the lease documents and complete the opinion letter required with our lease documentation. a) Rate Expiration: 30 days of the Proposal Date.

2. Type of Lease: This is a lease-purchase type of financing. After all the lease payments are made, Lessee will own the equipment without further cost. c) Fixed Rates: Rates are fixed for the entire term.

4. Vendor Payable / Escrow Account (where applicable): Proceeds of this lease will be held in a vendor payable account until delivery/acceptance.

Escrow earnings will accrue to the benefit of the Lessee.

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REQUEST TO PROCEED:

Proposal date: Option Chosen: _________ (where applicable) Upcoming Governing Body meeting date for lease approval: ____________________________________

Name of Lessee
_____________________________________________________________________________________________ Authorized Signature Date Title
__________________________________________________________________ Printed Name Of Authorized Signature Last month of your budget year? _____________________________________________________________________________________________ Contact Name Contact Phone Contact Email
(If Different ThanAuthorized Signature)
_____________________________________________________________________________________________ Financial Contact Name Contact Phone Contact Email
(Can be Treasurer or Clerk)
** Important: A Resolution will be required with the lease contract ** In the event that you require board action to sign this proposal, please call us so that we may forward the preferred form for the meeting.

November 19, 2024
City of Hollister, CA
Please complete the above information and fax or email all pages of the proposal to 813-258-9333 / [email protected]
When you are ready to proceed with Leasing 2 towards finalizing this lease financing arrangement, please indicate so by signing below and completing the requested information. We will immediately email you our application. Thank you for your confidence and consideration.

Are you ready to move forward with Leasing 2?
Here is a quick overview of our process

1. Signed Proposal - When you are ready to move forward with Leasing 2, email a scan of the completed and signed proposal back to Leasing 2.

2. Credit Application - A credit application and request for current financial reports will be emailed to the designated contacts upon receipt of the signed proposal. The credit application should be completed and returned promptly to protect your quoted interest rates. Credit approval usually comes within a few days receipt of the completed credit application.

3. Financing Agreement - Once credit approval is accomplished, the financing agreement will be emailed for review and signature. Once the contracts are signed and returned, we are ready for closing.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Police-2024-15

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN

MOU AND ACCEPT A GRANT FROM THE COMMUNITY AND CORRECTIONS

PARTNERSHIP FOR THE PARTIAL FUNDING OF A POLICE OFFICER AND A

VEHICLE TO BE ASSIGNED TO THE SPECIAL INTELLIGENCE UNIT

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

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to sign a memorandum of understanding between the Hollister Police Department, the San Benito County District Attorney’s Office, San Benito County Probation and the San Benito County Sheriff to participate in the Special Intelligence Unit (SIU) and receive a grant to pay the majority of the compensation of a police officer and a vehic le funded by the Community Corrections Partnership.

DISCUSSION: The San Benito County Community and Corrections Partnership has approved funding for an enforcement team to operate in San Benito County and the City of Hollister. The MOU will establish an agreement between the San Benito County District Attorney’s Office, the San Benito County Sheriff’s Office, the San Benito County Probation Department, and the Hollister Police Department. The law enforcement entities from this county recognize the benefit to the community of having agents from the collaborating agencies to form the Special Intelligence Unit (SIU) to enhance response to common crime issues, to gather intelligence on organized crime, to support patrol functions within the County of San Benito and the City of Hollister and create a broader and more effective response to criminal justice issues in the community.

The SIU team will work both uniformed and undercover investigations, similar to detectives. They will work as a team to address common issues or recurring issues in our community, deal with issues related to early released prisoners under AB109 , and enhance patrol functions in our communities.

The SIU team has already demonstrated the benefit of the team by responding to high profile cases and solving several crimes. SIU members have obtained enhanced training that directly enhances investigative skills and maximizes the use of technology. The current members include agents from the Probation Department, the Sheriff’s Office, and the District Attorney’s Office.

This agreement will add a Hollister Police Officer to the SIU team and the MOU will reimburse the City of Hollister up to 75.16% of the Salary and benefits of the officer.

Additionally, the Community and Corrections Partnership will also fund the cost of an undercover vehicle for the Hollister Officer.

This agreement will stay in place until June 30, 2028, unless terminated earlier per the

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agreement.

Staff recommends the city council authorize the City Manager to sign the MOU and to accept the grant of an undercover vehicle funded through the San Benito County Community and Corrections Partnership.

FISCAL IMPACT: up to $218,000 in reimbursement to the general fund over multiple years and a one time undercover vehicle of over $60,000 funded through the San Benito County Community and Corrections Partnership.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. MOU

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Page 1 of 2 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING CITY MANAGER TO SIGN AN MOU AND ACCEPT A GRANT FROM

THE COMMUNITY AND CORRECTIONS PARTNERSHIP FOR THE PARTIAL

FUNDING OF A POLICE OFFICER AND A VEHICLE TO BE ASSIGNED TO THE

SPECIAL INTELLIGENCE UNIT

WHEREAS, the San Benito County Community and Corrections Partnership (CCP) has voted to create a fund for a Special Investigation Unit (SIU) to provide specialized law enforcement duties in our community such as gathering gang intelligence, special enforcement of early release individuals under AB109, special investigations and to target specific criminal activity in our community of Hollister and San Benito County; and

WHEREAS, the CCP has offered to partially fund a police officer to take part in the SIU team and use AB109 funds for this purpose; and

WHEREAS, the CCP will pay for up to 75.16% of the fully funded cost of an officer and provide a vehicle for the officer to use; and

WHEREAS, the Hollister Police Department sees a need for a team such as SIU to work along with the Sheriff’s Office, Probation Department, and the District Attorney’s Office to provide enhanced law enforcement in our community; and

WHEREAS, this agreement will be in place for approximately 3 years unless renewed or cancelled by either party; and

WHEREAS, Staff recommends the city council authorize the City Manager to sign the MOU and to accept the grant of an undercover vehicle funded through the San Benito County Community and Corrections Partnership.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorize the City Manager to execute an MOU and accept a grant from the Community and Corrections Partnership for the partial funding of a police officer and a vehicle to be assigned to the Special Intelligence UNIT.

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Page 2 of 2 ends

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX 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 special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

HOLLISTER POLICE DEPARTMENT,

SAN BENITO COUNTY DISTRICT ATTORNEY'S OFFICE,

SAN BENITO COUNTY PROBATION DEPARTMENT,

AND THE

SAN BENITO COUNTY SHERIFF'S OFFICE

Effective September 1, 2024
Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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2 TABLE OF CONTENTS

1. TERM 3

2. FISCAL PROVISIONS 4-5

3. PURPOSE 5

4. MISSION 5

5. BOARD OF DIRECTORS 5-6

6. SIU MANAGEMENT 6

7. TERM OF ASSIGNMENT 6-7

8. SIU MEMBERSHIP 7-8

9. SCHEDULE / WORK HOURS 8

10. REPORTS / INVESTIGATIONS 8-9

11. CITIZEN COMPLAINTS 9

12. VEHICLES 9-10

13. SIU HEADQUARTERS 10

14. EVIDENCE 10

15. ASSET FORFEITURE 11

16. MEDIA 11

17. USE OF FORCE 11

18. TRAINING 11-12

19. RESPECTIVE RESPONSIBILITIES 12

20. POLICY AND PROCEDURE 12

21. PERFORMANCE EVALUATION 12

22. NONDISCRIMINATION CLAUSE 12

23. LIABILITY 12-13

24. AUTHORIZATION 13

25. TERMINATION 13

26. DISPUTE RESOLUTION 13

27. ENTIRE AGREEMENT 14

28. SIGNATURES 15
Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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3 Memorandum of Understanding
This Memorandum of Understanding (MOU) is to establish the Special Intelligence Unit (SIU) for the following participating agencies:
 Hollister Police Department
 San Benito County District Attorney's Office
 San Benito County Probation Department
 San Benito County Sheriff's Office

THIS AGREEMENT is entered into, effective September 1, 2024 ("Effective Date") by and between the City of Hollister, California, a municipal corporation, through its Hollister Police Department, hereinafter referred to as "HPD”, the San Benito County District Attorney’s Office, hereinafter referred to as "DAO”, the San Benito County Probation Department, hereinafter referred to as "Probation”, the San Benito County Sheriff’s Office, hereinafter referred to as "SO”, and the Community Corrections Partnership of San Benito County, hereinafter referred to as "CCP".

WHEREAS, the purpose of this Memorandum of Understanding (MOU) is to set forth the agreement between the CCP and SIU agencies (identified above) for the continued funding of the salaries and benefits of a Hollister Police Officer, District Attorney Investigator, Deputy Probation Officer, and Sheriff ’s Deputy to participate in the Special Intelligence Unit, hereinafter referred to as “SIU”.

WHEREAS, the parties recognize the benefit to the community of having agents of the Hollister Police Department, San Benito County District Attorney’s Office, San Benito County Probation Department, and San Benito County Sheriff’s Office collaborating to form the SIU; to enhance response to common crime issues, to gather intelligence on organized crime, to support patrol functions within the County of San Benito; and create a broader and more effective response to criminal justice issues in the community; and

WHEREAS, the SIU has already demonstrated the benefit of the team by responding to high profile cases and solving several crimes; SIU members have obtained enhanced training that directly enhances investigative skills and maximizes the use of technology; and

NOW, THEREFORE, in consideration of the mutual covenants and conditions, the parties hereto agree to the following:

1. TERM

The term of this agreement shall begin on September 1, 2024, or thereafter, when respective councils and boards approve it, and end on June 30, 2028, unless earlier terminated by one or more of the parties.

Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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4 2. FISCAL PROVISIONS

The CCP shall fund the total costs of the salary and benefits of each SIU member. It is the responsibility of each respective agency to maintain financial records of all SIU related expenses during each fiscal year.

a. CCP will pay up to 75.16% of the salary and benefits for one (1) HPD Officer each fiscal year. The estimated cost of an officer for salary and benefits is currently $290,062. The maximum obligation of CCP shall not exceed 75.16% of the actual cost of salary and benefits for the HPD Officer per fiscal year.

b. CCP will pay up to $266,879.00 each fiscal year towards the salary of one (1) DAO Investigator. The maximum obligation of CCP shall not exceed $266,879.00 per fiscal year.

c. CCP will pay up to $105,492.00 dollars each fiscal year towards the salary of one (1) Deputy Probation Officer. The maximum obligation of CCP shall not exceed $105,492.00 per fiscal year.

d. CCP will pay up to $137,532.00 each fiscal year towards the salary of one (1) Sheriff’s Deputy. The maximum obligation of CCP shall not exceed $137,532.00 per fiscal year.

e. Overtime expenses for each SIU member will need to be covered by the parent agency, unless voted on and pre-approved by the CCP Executive Committee.

f. Invoicing:

1. HPD shall invoice CCP on a quarterly basis as detailed in the schedule below and CCP shall pay the invoice within 45 days of receipt.

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

2. HPD Invoices shall be submitted to the following:

San Benito County Community Corrections Partnership
Attention: Lorraine Carrasquillo
San Benito County Probation Dept.
400 Monterey Street
Hollister, CA 95023

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

City of Hollister
327 Fifth Street,
Hollister, CA 95023

4. The DAO, Probation, and SO shall journal entry total expenses incurred for the salary and benefits of each SIU member to the CCP for the fiscal year by August 1st each year.

3. PURPOSE

The purpose of the MOU is to establish guidelines for the SIU. Participating agencies recognize the importance of promoting a safe community through collaborative county-wide efforts. This MOU serves to formalize the collaboration between all participating agencies as a way of developing an efficient and cohesive unit, to gather intelligence, and investigate local and regional crimes, including but not limited to, those involving criminal street gangs.

4. MISSION

The mission of the SIU is to promote a collaborative multi-agency unit that will work collectively with local law enforcement agencies to gather intelligence, educate members of the community, investigate crime, provide pro-active enforcement, and provide other specialized services to law enforcement agencies.

Objectives:
 To collect and share intelligence about criminal activities within the county, including but not limited to criminal street gangs
 To work closely with law enforcement partners for intelligence gathering, investigation, and enforcement
 To educate the public on local trends and criminal street gang activity in the community
 To respond to all areas of San Benito County
 To facilitate asset forfeiture cases in San Benito County

5. BOARD OF DIRECTORS

The SIU will be governed by a Board of Directors. The Board of Directors should meet annually or as scheduled for the purpose of reviewing the activities of SIU.

The annual review should also include periodic review and evaluation of SIU objectives and goals. The Board of Directors shall have general responsibility for the oversight of SIU operations. They shall be responsible for SIU policies and operating procedures.

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6 The decision-making process for SIU matters is to be decided by majority vote of the Board of Directors. In the event that a majority vote is unattainable, the matter shall be brought before the Community Corrections Partnership (CCP) Executive Committee for further review, discussion, and subsequent voting.

The following departments shall have one seat , with one vote on the Board of Directors:

Hollister Police Department One (1)
San Benito County District Attorney’s Office One (1)
San Benito County Probation Department One (1)
San Benito County Sheriff's Office One (1)

The Chair shall be elected for a one (1) year term. The number of directors to establish a quorum is three (3) members, and each Director will be determined by their respective department.

6. SIU MANAGEMENT

The management and supervision of SIU’s resources will be the responsibility of the Task Force Commander. The Task Force Commander shall retain supervisory control of the personnel assigned to SIU. When the number of law enforcement personnel from participating agencies drops below two, the Chair of the Board of Directors will initiate a meeting to discuss the potential for termination of the MOU.

7. TERM OF ASSIGNMENT

Each participating agency has sole discretion to determine the length of time a staff member is assigned to the SIU.

1. The Hollister Police Department will provide a full-time Police Officer to SIU.

The officer will be assigned to SIU for a period of two (2) years. Based on the needs of the department and the approval of the Chief of Police, the SIU assignment may be extended.

2. The San Benito County District Attorney’s Office will provide a full-time District Attorney Investigator to SIU. The investigator will be assigned to SIU for a period of three (3) years. Based on the needs of the office and the approval of the District Attorney, the SIU assignment may be extended.

3. The San Benito County Probation Department will provide a full-time Deputy Probation Officer (DPO) to SIU. The DPO will be assigned to SIU for a period of three (3) years. Based on the needs of the department and the approval of the Chief Probation Officer, the SIU assignment may be extended.

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7 4. The San Benito County Sheriff's Office will provide a full-time Sheriff Deputy to SIU. The deputy will be assigned to SIU for a period of three (3) years.

Based on the needs of the office and the approval of the Sheriff, the SIU assignment may be extended.

Removal of SIU member:

The assignment may be terminated by notice in writing to the Board of Directors.

The termination shall take effect thirty (30) days following receipt of the written notice of the intent to terminate. These requests shall be made by the Department Head of the parent agency.

8. SIU MEMBERSHIP

The SIU Chain of Command Organizational Chart is referenced as Attachment A.

Each participating agency will assign one (1) officer, deputy, or investigator to SIU.

Personnel assigned to SIU will report to their designated supervisor for daily operations.

Hollister Police Department:
 One (1) Police Officer as designated under section 830.1(a) PC, including necessary safety equipment (i.e., department issued firearm, tactical vest, etc.).
 One (1) unmarked, undercover fully equipped police vehicle, non-exempt  One (1) body worn camera
 One (1) department issued cell phone
 Computer equipment (as needed)

San Benito County District Attorney's Office:
 One (1) Deputy District Attorney to be available for Search W arrant review and Asset Forfeiture authorization - 24 hours
 One (1) District Attorney Investigator as designated under section 830.1(a) PC, including necessary safety equipment (i.e., department issued firearm, tactical vest, etc.)
 One (1) unmarked, undercover fully equipped police vehicle – non-exempt  One (1) department issued cell phone
 Computer equipment (as needed)

San Benito County Probation Department:
 One (1) Deputy Probation Officer as designated under section 830.5(a) PC., including necessary safety equipment (i.e., department issued firearm, tactical vest, etc.)
 One (1) unmarked, undercover vehicle, non-exempt
 One (1) department issued cell phone
 Computer equipment (as needed)

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8 San Benito County Sheriff's Office:
 One (1) Deputy Sheriff as designated under section 830.1(a) PC, including necessary safety equipment (i.e., department issued firearm, tactical vest, etc.)
 One (1) unmarked, undercover fully equipped vehicle, non-exempt.  One (1) body worn camera
 One (1) department issued cell phone
 Computer equipment (as needed)

*Requests for additional equipment shall be made to the Task Force Commander.

The Task Force Commander will coordinate with the appropriate personnel to vet the request for approval. Additional equipment requests will be required to go before the Community Corrections Partnership (CCP) for budgetary approval.

9. SCHEDULE / WORK HOURS

The normal work hours of SIU members will consist of a 9/80 schedule or a 4/10 schedule. It is agreed that flexibility in work hours may vary as needed for operations. Care should be taken to avoid overtime for planned operations outside the 8:00 a.m. to 5:00 p.m. window by using flex time. The purpose of the general flexibility that SIU members have is to allow staff to maximize their personal and employment opportunities and minimize unnecessary overtime expenses.

Changes from a normal workweek and/or hours will be in compliance with Federal Labor and Standards Act (FLSA) regulations. The approved work hours/schedule will be made at the discretion of the SIU Task Force Commander in consultation with the respective department head or their designee for each agency.

To enhance personal wellness and given the nature of work SIU is tasked with, to include, criminal street gang activity and violent crime, it is necessary that SIU members be physically fit. As such it is within the performance of duties that SIU members may workout up to one (1) hour during work hours. SIU members shall sign the Waiver and Release of Liability form (Attachment E) prior to use of the training facilities provided by the County of San Benito.

10. REPORTS / INVESTIGATIONS

Crime Reports:

The SIU Task Force Commander will review and sign off o n all SIU related field operations and crime reports.

Crime reports and evidence will be processed by lead investigating SIU member.

All corresponding case numbers will be determined by the SIU member’s parent agency policy. The DAO Investigator and Probation Officer will utilize the SO crime Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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9 report and evidence numeration system.

*Quarterly Reports:

SIU will (collectively) complete quarterly reports as detailed below:

Quarter: Time Period Covered in each FY: Due Date:

Q1 July 1 – September 30th October 31st
Q2 October 1 – December 31st January 31st
Q3 January 1 – March 31st April 30th
Q4 April 1 – June 30th July 31st

Quarterly reports may detail any of the following information:
 Highlights of SIU related activities (i.e., assets seized, field contacts made, presentations held, press releases, media highlights, etc.)  Collaborative meetings facilitated
 Data/statistics on SIU related activities (i.e., arrests made, firearms seized, drugs seized, search warrants served, outside agency assists, etc.)  Trainings facilitated or attended
 Photographs of SIU related operations

*SIU quarterly reports shall be completed for the purpose of reporting outcomes and statistics to the Board of Directors. The Task Force Commander shall provide the report to the Chair of the Board of Directors. The Board of Directors will present the report to the Community Corrections Partnership.

11. CITIZEN COMPLAINTS

The process for accepting and handling complaints received is as follows; allegations and/or violation(s) of standards of conduct, pertaining to the ethical conduct of SIU members will be investigated by the internal affairs component of the members parent agency in conformance with their policy and procedure. SIU will utilize the respective agency's approved forms for accepting these complaints.

12. VEHICLES

1. Maintenance:
a. Each SIU member is responsible for maintaining their assigned vehicle and ensuring the vehicle is in a safe working condition.

b. Leased SIU vehicles will have maintenance services covered by the Enterprise Fleet Management Full Maintenance Program.
i. These services are detailed below:

1. All scheduled preventative maintenance, including all necessary fluids when a component is being serviced

2. All factory installed suspension components

3. All factory installed powertrain components

4. All factory installed electrical and electronic components Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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10 5. All factory installed AC/Heat components

6. All defective factory installed interior pieces

7. Roadside assistance for towing due to mechanical failure, spare swaps, and jump starts
c. Additional vehicle maintenance costs shall be covered by the respective agency.

2. Vehicle Damage:
a. When a SIU vehicle is involved in a traffic collision or otherwise incurs damage, the involved SIU member shall promptly notify the Task Force Commander and parent agency. The parent agency shall accept financial responsibility for any damage to the vehicle.

b. Traffic collision reports shall be filed with the agency having jurisdiction.

When a collision occurs within San Benito County, and the collision results in serious injury or death, the Task Force Commander should request that an outside law enforcement agency be summoned to investigate the collision. The SIU member involved in the collision shall complete their parent agency’s vehicle collision form. If the SIU member is unable to complete the form, the Task Force Commander shall complete the form on their behalf.

c. Any damage to a SIU vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format, and forwarded to the Task Force Commander and parent agency department head.

3. Traffic Violations:
a. Traffic violation fines are the responsibility of the parent agency for each SIU member. This includes FastTrack violations.

13. SIU HEADQUARTERS

Task force agents assigned to SIU will be housed at the San Benito County Sheriff's Office located at 2301 Technology Parkway, Hollister, CA 95023.

14. EVIDENCE

All evidence seized by an SO Deputy, DAO Investigator, or Probation Officer will be stored at the San Benito County Sheriff's Office.

All evidence seized by HPD Officer will be stored at either the Sheriff’s Office or Police Department.

All evidence seized will be photographed and processed at the direction of the Task Force Commander.

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11 15. ASSET FORFEITURE

Proceeds derived from an asset forfeiture, under state or federal law, initiated during investigations conducted by SIU, will be shared equitably among participating member agencies.

For asset forfeitures initiated by personnel apart from the SIU (e.g., a Narcotics investigation that was initiated within Hollister Police Department or Sheriff’s Office) that is referred to and subsequently facilitated by SIU, the finding agency shall be entitled to the first 50% of the Law Enforcement share (65%) of the asset forfeiture.

The remaining 50% of the Law Enforcement share (65%) shall go to SIU.

When the balance of completed forfeitures exceeds $100,000, the excess shall be distributed to the member agencies, each agency receiving a ¼ share, once a year.

In the event that the activities of the SIU are terminated, all balances shall be distributed equally to participating member agencies.

Forfeiture proceeds distributed to SIU shall be maintained in a separate fund or account with the SIU Board of Directors subject to appropriate accounting controls and financial audits of all deposits and expenditures at the request of CCP. SIU seeks to protect the interests of innocent property owners, to guarantee adequate notice and due process to property owners, and to ensure that forfeiture serves the remedial purpose of the forfeiture law.

16. MEDIA

All news releases pertaining to the unit intelligence, investigations, and/or arrests will be coordinated between all participating agencies of the MOU and must be approved by the Chair of the SIU Board and HPD. The Chair of the SIU Board will approve all media relations and news releases, after consultation with HPD. To share news releases unilaterally amongst all participating agencies, the same approved news release should be disseminated by all SIU participating agencies.

The Media Point of Contact for a respective investigation will be designated by the Chair of the SIU Board.

17. USE OF FORCE

All SIU members will strictly adhere to their respective agency's use of force policy and procedures. Any unreasonable use of force shall require immediate notification to the Task Force Commander and respective agency. The involved SIU member will follow procedures as outlined by their department policy.

18. TRAINING

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12 Training requests will be handled by participating agencies according to their individual budgets. CCP funded trainings will be documented on the training form provided by the San Benito County Probation Department. The training request form has been attached (Attachment C) for reference. Training records will be kept by each agent's respective agency. SIU members will be expected to attend all parent agency required training and qualifications as deemed necessary.

19. RESPECTIVE RESPONSIBILITIES

Each participating agency of SIU shall be responsible for the acts of its member and shall incur any liabilities arising out of the services and activities of those personnel while participating in SIU. Personnel assigned to SIU shall be deemed to be continuing under the employment of their jurisdictions and shall have the same powers, duties, privileges, responsibilities, and immunities as are conferred upon them as peace officers in their own jurisdictions.

20. POLICY AND PROCEDURE

Each participating SIU member shall adhere to their respective agency policy and procedures. SIU shall establish standard operating procedures for its assigned members. The purpose is not to overrule the policies of participating agencies but rather develop operational consistency among members. Any conflicts among SIU members will be brought to the attention of the Task Force Commander. The Task Force Commander will inform the Chair of the SIU Board as deemed necessary for follow up.

21. PERFORMANCE EVALUATION

If requested by the respective agency for the SIU member, the Task Force Commander shall provide input for the annual performance evaluation to be completed by the respective agency.

22. NONDISCRIMINATION CLAUSE

All participating agencies will comply with Title VI of the Civil Rights Act of 1964 and all requirements imposed or pursuant to the regulations of the U.S. Department of Justice (CFR, Part 42, Subparts C and D) issued pursuant to Title VI relating to discrimination on the grounds of race, color, creed, sex, age or national origin and equal employment opportunities.

All participants acknowledge that the SIU is a joint operation in which all agencies act as equal partners.

23. LIABILITY

Each participating agency shall retain liability for the acts of their officer, deputy, Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293BDocusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AADocusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8

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13 investigator, or agent. SIU is not a legal entity, therefore any legal issues, whether criminal or civil in nature, must be resolved by mutual cooperation and agreement of the participating agencies.

24. AUTHORIZATION

The participating agencies, by their duly authorized officials, have executed this MOU on the respective dates indicated below. All future amendments must be forwarded to the SIU Board of Directors for review and approval.

25. TERMINATION

1. Grounds for Termination:

Any party may terminate this MOU if another party fails to perform any of its obligations under this MOU and does not remedy the failure within thirty (30) days after receiving written notice of the breach.

2. Effect of Termination:

Termination of this MOU does not affect any rights or obligations that have accrued prior to the termination date.

26. DISPUTE RESOLUTION

1. Continuation of Services:

If a dispute arises concerning any aspect of this MOU, the involved parties shall continue to fulfill their respective duties under the MOU until the dispute is resolved.

2. Request for Meeting:

If the member agencies cannot resolve a dispute within thirty (30) days, any party may request a meeting of the Board of Directors to address the dispute.

The meeting must occur within ten (10) business days from the receipt of such request.

3. Resolution Process:

If the dispute remains unresolved after the Board of Directors meeting, the parties will submit the dispute to non-binding mediation in the City of Hollister.

If mediation does not resolve the dispute within thirty (3 0) days, any party may terminate this MOU with at least thirty (30) days’ written notice to the other parties.

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

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15 HOLLISTER CITY MANGER SAN BENITO COUNTY DISTRICT

ATTORNEY

David Mirrione,
City Manager
Joel Buckingham,
District Attorney

DATE DATE

SAN BENITO COUNTY

PROBATION DEPARTMENT

SAN BENITO COUNTY SHERIFF'S
OFFICE

Ashlyn A. Canez,
Chief Probation Officer
Eric S. Taylor,
Sheriff-Coroner

DATE DATE

APPROVED AS TO LEGAL FORM
San Benito County Counsel

APPROVED AS TO LEGAL FORM

BY: Margaret E. Long,
Deputy County Counsel
BY:

DATE DATE

APPROVED AS TO LEGAL FORM
San Benito County Counsel

BY: Rebekah Mojica,
Deputy County Counsel

DATE

Docusign Envelope ID: 648F77B7-80E3-4023-B645-B34FF5AC293B 11/14/2024
Docusign Envelope ID: 6DEE9AC7-CFDE-4E4A-B171-6DADCE8C83F7Docusign Envelope ID: 71D6781E-FB92-4518-AA8E-623CF0F0CDEDDocusign Envelope ID: 173DCE7A-2DFE-4B34-8C3F-A499AE6DEE41Docusign Envelope ID: 71AA0E06-D2CC-47E0-93C5-847E549E10AA 11/20/2024
Docusign Envelope ID: 86A4B7C5-9BAE-45B4-A9C7-5869B6BF0208 11/20/2024
Docusign Envelope ID: 61C7D8CA-DE10-4A6C-B657-CE409B0431F8 11/20/2024

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Police-2024-13

AGENDA ITEM: A RESOLUTION APPROVING AN AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL FOR A TOBACCO GRANT PROGRAM AWARD IN THE AMOUNT OF $50,840 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Rosie Betanio, Captain

RECOMMENDED ACTION: Adopt a resolution approving an agreement between the city and the California Department of Justice Office of the Attorney General for the tobacco grant program award in the amount of up to $50,840 and authorizing the City Manager to sign the agreement.

DISCUSSION: The Hollister Police Department is interested in participating in the Tobacco Grant Program, which is made available through The California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Prop. 56) and administered by the California Department of Justice (DOJ).

This grant would support local efforts to reduce the illegal sale of tobacco products to minors in the City of Hollister. The State of California offered to award the City of Hollister $50,840 for 3 fiscal years FY 2024-2025 in the amount of $21,420, FY 2025- 2026 in the amount of $21,220, and FY 2026-2027 in the amount of $8,200 for a total of $50,840.

Grant funds will be used for overtime costs related to tobacco enforcement operations, roll call training, and local retailer inspection operations. We recommend acceptance of the Tobacco Grant and approval of budget adjustments.

FISCAL IMPACT: Increase funding of $50,840 to reimburse overtime costs and costs associated with this grant.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA:

ATTACHMENTS:

1. Resolution

2. Hollister Police/DOJ MOU

3. Tobacco Grant Summary of Award

4. Appropriation Adjustment Form

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF HOLLISTER

AND THE CALIFORNIA DEPARTMENT OF JUSTICE OFFICE OF THE

ATTORNEY GENERAL FOR A TOBACCO GRANT PROGRAM AWARD
IN THE AMOUNT OF $50,840; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

WHEREAS, The Department of Justice has offered a $50,840 grant to support efforts to reduce the illegal sales of tobacco products to minors in the City of Hollister; and

WHEREAS, Grant funds will be used for overtime costs related to tobacco enforcement operations, roll call training, and local retailer inspection operations; and

WHEREAS, Grant funding will be FY 2024-2025 in the amount of $21,420, FY 2025- 2026 in the amount of $21,220, and FY 2026-2027 in the amount of $8,200 for a total of $50,840;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes an agreement between the City of Hollister and the California Department of Justice; and authorizes the City Manager to execute the same.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

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Resolution No. 2024-XXX

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Hollister Police Department DOJ-PROP56-2024-25-1-031

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MEMORANDUM OF UNDERSTANDING

PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Hollister Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.

Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:

Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.

The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.

COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summa ry of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.

BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.

In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.

If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.

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Hollister Police Department DOJ-PROP56-2024-25-1-031

Page 2 of 3 ends

PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.

MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.

Assignment – This MOU is not assignable by Grantee in whole or in part.

Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.

Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for th e same purpose.

TERMS
Grant Duration: 11/1/2024 – 6/30/2028

Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $21,420 $21,220 $8,200 $
Operating Expenses and
Equipment $0 $0 $0 $
Administrative Costs (Not to
Exceed 5%) $0 $0 $0 $
TOTAL AWARD AMOUNT $50,840

The time limit for reimbursements against this award ends 6/30/202 8. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.

GRANTEE CONTACT INFORMATION
Rosie Betanio, Captain
Hollister Police Department
395 Apollo Way, Hollister, CA 95023
831-636-4330
[email protected]

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Hollister Police Department DOJ-PROP56-2024-25-1-031

Page 3 of 3 ends

AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.

___________________________________ ___________________ NAME: Mia Casey Date
Mayor
City of Hollister

___________________________________ ___________________ NAME: Jennifer Woodworth Date
City Clerk
City of Hollister

Approved as to Form:

___________________________________ ___________________ NAME: Mary Lerner Date
City Attorney
City of Hollister

______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice

___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice

__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice

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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Revenue reserves 101 1000 430016 21,420 r
Police Overtime 101 2500 701003 21,420
Total 21,420 21,420

Explanation of Transaction:

Tobacco Grant from the state. If approved, it will be a total of $50,840 in overtime reimbursement to the city. The Breakdown is as follows: For fiscal year 2024/2025 it will be a total reimbursement for activities of $21,420. For fiscal year 2025/2026 it will be a total reimbursement of up to $2122. For fiscal year 2026/2027 it will be overtime reimbursement of up to $8200. Staff is asking for a total of $21,420 for this fiscal year.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

Docusign Envelope ID: 4B815427-7F84-48C4-9B70-41D1DED1B981 11/25/2024 | 9:16:54 AM PST

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Police-2024-14

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT RENEWAL WITH SNIP

BUS FOR LOW-COST VACCINATIONS AND SPAY AND NEUTER SERVICES FOR

FERAL CATS

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Rosie Betanio, Police Captain

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a professional services agreement renewal with SNIP Bus for low-cost vaccinations and spay and neuter services for feral cats until June 30, 2025.

DISCUSSION: This agreement between SNIP Bus and the City is a renewal of a service agreement that is due to expire on January 31, 2025. The agreement will be for five months starting February 1, 2025, and ending June 30, 2025, to coincide with the fiscal year and will be for a total of five clinics with one clinic being held each month.

FISCAL IMPACT: $20,000.00 General Fund (101-2025-730000). The funds were previously appropriated in the Fiscal Year 2024-25 budget.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the March 18, 2024 City Council meeting, the City Council approved an amendment to the agreement to provide funding for rabies and FVRCP vaccination treatment for feral cats.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Resolution

2. Professional Services Agreement - SNIP Bus

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Page 1 of 2 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT RENEWAL WITH SNIP BUS

FOR VACCINATIONS AND SPAY AND NEUTER SERVICES FOR

FERAL CATS

WHEREAS, it is the City’s desire to provide a spay and neuter program to assist with the feral cat population; and

WHEREAS, SNIP Bus has worked in good faith with the City in performing such services ; and

WHEREAS, Staff recommends the establishment of this Professional Services Agreement between SNIP Bus and the City of Hollister for five months from February 1 2025 through June 30, 2025; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to execute a Professional Service Agreement with SNIP Bus to provide low-cost vaccinations and spay and neuter services once a month for feral cats.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

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Page 2 of 2 ends

Resolution No. 2024-XXX

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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CITY OF HOLLISTER

PROFESSIONAL SERVICES AGREEMENT
FOR

SPAY AND NEUTER SERVICES FOR FERAL CATS

THIS AGREEMENT, made and entered into this 1st day of February 2025, by and between the City of Hollister, California, a municipal corporation, ("City,") and Spay Neuter Imperative Project, SNIP Bus, (“Contractor”).

1. Description of Project: City desires to retain a contractor to provide spay and neuter services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.

2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit E: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."

4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be

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evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.

Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.

6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.

6.1 Contractor shall provide City and the Animal Care and Services Supervisor with a statistics report as set forth in EXHIBIT “D” entitled “STATISTICS REPORT” at the conclusion of each month’s clinic, by email.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.

7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.

8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents

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from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.

9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:

9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.

9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.

9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.

9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:

(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)

(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.

(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.

(4) The coverage provided by this policy shall not be canceled, non-renewed,

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or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law. Upon termination of this Agreement, Contractor shall turn over to City all records related to the Services provided to this Agreement.

Contractor agrees to keep confidential the Services performed under this Agreement. Contractor agrees not to post on social media, the internet, or otherwise publish the Services performed under this Agreement without express written consent by the City.

Violation of this clause shall constitute sufficient cause for City to terminate this Agreement.

11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.

12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age.

Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.

13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor.

Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement. Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.

14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event,

City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.

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15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.

16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be 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.

17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.

18. Term; Termination: The term of this Agreement shall be for a period of five (5) months commencing upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate on June 30, 2025, upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.

20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.

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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing signed by both parties.

24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.

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ter Imperative P

27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

a. To City:

David Mirrione, City Manager
City of Hollister
375 Fifth Street
Hollister, California 95023

b. To Contractor:

Melanie Scherer
Spay Neuter Imperative Project, SNIP Bus
67 Front Street
Danville, California 94526

Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.

Melanie Scherer, CEO/Founder Date
CITY OF HOLLISTER:

David Mirrione, City Manager Date
ATTEST:

_________________________________ Date
Jennifer Woodworth, City Clerk

Spay Neu roject, SNIP Bus:

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EXHIBIT "A"

SCOPE OF SERVICES - BASIC, COMPLETION SCHEDULE

SCOPE OF SERVICES

SNIP Bus shall perform vaccinations and spay and neuter services for feral cats trapped within the County of San Benito. SNIP Bus shall ear notch each feral cat trapped within San Benito County to identify they have been spayed/neutered.

The clinics shall be hosted at a location designated by the City of Hollister and with the approval of the Animal Care and Services Supervisor. Notification shall be delivered to the Animal Care and Services Supervisor 2 weeks prior to the proposed clinic date of each calendar month throughout the duration of this agreement.

COMPLETION SCHEDULE

If approved by City Manager, such agreement shall be valid until June 30, 2025.

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EXHIBIT "B"

COMPENSATION

City shall pay Contractor a total amount not to exceed $18,750 comprised of the following:

Spay and neuter services for forty feral cats once a month,

$3,750 (Monthly service fee) x 5 months = $18,750

City shall pay Contractor an additional $1,250 for the rabies and FVRCP vaccination treatment towards the SNIP Bus Spay and Neuter Services for Feral Cats contract.

Rabies and FVRCP vaccination services Flat fee of $250 per clinic (40 cats) x 5 events = $1,250

5 completed clinics – February 1, 2025, on or before June 30, 2025.

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EXHIBIT "C"

PROJECT STAFF

Melanie Scherer, Project Manager, and Associates.

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EXHIBIT "D"

STATISTICS REPORT

Number of Cats Sterilized:

Number of female cats:

Number of male cats:

Pregnant:

Euthanized:

Already Sterilized:

Street name of location trapped, Zip Code, Number of cats from location

Example:

Cienega Road, 95

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Police-2024-16

AGENDA ITEM: A RESOLUTION ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $70,000.00 FOR OVERTIME

REIMBURSEMENT AND SPECIALIZED EQUIPMENT

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

RECOMMENDED ACTION: Adopt a resolution authorizing the acceptance of the grant from the Office of Traffic Safety for expenditure through October of 2025 and approve the Budget Appropriation form.

DISCUSSION: The Hollister Police Department has applied for traffic safety grants from the Office of Traffic Safety for the last 15 years. These Selective Traffic Enforcement Programs (STEP) grants routinely reimburse the city of Hollister for police officer overtime incurred while conducting extra patrol for traffic-related issues.

The types of extra patrol can include distracted driver enforcement when drivers are driving while using a cell phone for making calls or texting, seatbelt enforcement for drivers who drive without wearing a seatbelt, pedestrian safety patrols for vehicles who do not yield for pedestrians in the crosswalks or bicycle safety enforcement.

The grants also reimburse the city for the overtime cost of officers conducting DUI checkpoints in our community and the grants can pay for specialized equipment such as radar trailers or lighting for DUI Checkpoints or other equipment used during the Checkpoint operations.

This year the police department submitted a request for a grant that includes money for overtime reimbursement and miscellaneous equipment. The total request was for a combined total of $76,845.44. At the time of the Fiscal Year 2024-25 budget hearing, an appropriation of $80,000 of grant revenue and $77,000 for Police Overtime was approved as staff had indications that the grant would be approved at the requested level.

The Office of Traffic Safety has awarded a grant to the City of Hollister for the amount of $70,000.00. If accepted, the grant money will be made part of the upcoming 2024 -2025 fiscal year and 2025-2026 fiscal year budget for expenditure through October 2025.

Staff is asking for council authorization acceptance of the grant. A budget amendment form is attached to this report and reflects the necessary changes to align the budget with the final grant award.

FISCAL IMPACT: Reduction of $10,000 of budgeted grant revenue.

PREVIOUS COUNCIL OR COMMISSION ACTION: Council approved the application

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for this grant on the March 4, 2024, meeting (Resolution No. 2024-30).

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Grant Agreement

3. Budget Appropriation Form

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $70,000.00 FOR OVERTIME REIMBURSEMENT AND

SPECIALIZED EQUIPMENT

WHEREAS, the Hollister Police Department has applied for and received traffic safety grants from the Office of Traffic Safety for the last 15 years.; and

WHEREAS, these Selective Traffic Enforcement Programs (STEP) grants reimburse the city of Hollister for police officer overtime incurred while conducting extra patrol for traffic- related issues; and

WHEREAS, the types of extra patrol can include distracted driver enforcement when drivers are driving while using a cell phone for making calls or texting, seatbelt enforcement for drivers who drive without wearing a seatbelt, pedestrian safety patrols for vehicles who do not yield for pedestrians in the crosswalks or bicycle safety enforcement; and

WHEREAS, a new grant has been awarded to the city which will fund tho se mentioned activities as well as DUI checkpoints and DUI saturation patrols; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to accept a grant from the Office of Traffic Safety for the amount of $70,000 for overtime reimbursement and specialized equipment.

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Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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APPROPRIATION ADJUSTMENT

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Revenue (OTS)223 1000 430016 10,000
OTS Operating Supplies 223 2500 710015 4,500
OTS Training 223 2500 450070 3,000
OTS Overtime 223 2500 701003 15,500
Total 7,500 25,500

Explanation of Transaction:

OTS adjustments to match the grant

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

Docusign Envelope ID: 2CD0369F-4701-4006-B314-9919AC5F621D 11/25/2024 | 2:24:42 PM PST

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Public Works-2024-39

AGENDA ITEM: A RESOLUTION APPROVING THE SUPPLEMENTAL

APPROPRIATION FOR ELECTRICITY COSTS AT THE INDUSTRIAL

WASTEWATER TREATMENT PLANT

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

RECOMMENDED ACTION: Adopt a resolution approving the supplemental appropriation for electricity costs at the Industrial Wastewater Treatment Plant through the remainder of the current fiscal year.

DISCUSSION: The Industrial Wastewater Treatment Plant (IWTP) is operated during the canning season by San Benito Foods (SBF). During this operation the costs incurred by the City are paid from Fund 665 (Cannery Fund) and billed to SBF after the end of the season. The electric bill is the highest cost of these expenses.

This past season, which ended on October 1, 2024, SBF changed the treatment process in an effort to reduce odors. While the changes that were made did reduce the odors, they also increased the usage of electricity.

This request is to increase the budgeted amount in Fund 665 for the increased cost of electric use during the canning season and to provide enough funding for electric costs through the remainder of the current fiscal year. These costs will be recovered from SBF through the billing process.

FISCAL IMPACT: There is no fiscal impact because these costs are offset by charges to San Benito Foods.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

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. Budget Adjustment Form

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $60,000
FROM FUND 665 AND AN INCREASE IN REVENUE OF $60,000 IN
FUND 665

WHEREAS, The Industrial Wastwater Treatment Plant is operated during the tomato canning season by San Benito Foods; and

WHEREAS, treatment operations during the past season were altered to reduce odors; and

WHEREAS, these changes in the treatment process resulted in an increased usage of electricity; and

WHEREAS, the increased electricity usage was not considered during budget preparation; and

WHEREAS, a supplemental appropriation is needed to pay the current electricity invoice, and for the remainder of this fiscal year; and

WHEREAS, operational costs incurred by the City are recovered from San Benito Foods through the billing process.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize a supplemental appropriation of $60,000 from Fund 665 and an increase of $60,000 in revenue for Fund 665 for Fiscal Year 2024/2025.

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Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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BUDGET ADJUSTMENT REQUEST FORM
Fiscal Year: 24/25 Prepared By:Hydie McDonald Date:11/14/2024 DH Approval:William Via
Fund Cost Center Account Number Account Title Project Code Increase Decrease 665 4991 725001 GAS/ELECTRIC 60,000
665 1000 490005 REVENUE 60,000
Date: BA Entered By:

Date:Date:

Res. No.:Date Approved: Journal No.

1. Transfers between and within classifications of expenditures (i.e. between Salaries and Services and Supplies or between Professional Services and Office Supplies) must be approved by the City Manager.

2. Transfers between funds must be approved by the City Council.

3. Increase in budget needs to be offset by an additional revenue source or available fund balance.

FOR FINANCE USE ONLY:

Approvals
(Round up to the nearest dollar)
*Route to Finance, for review, prior to approvals.

Finance Review:

City Manager Approval:

City Council Approval:

Summary and Justification: Due to changes in operations to reduce odors at the IWTP during the tomato canning season, the budgeted amount for electricty has been exceeded. An increase in the budget is needed to cover electrical costs for the remainder of the fiscal year.

7.29.24Page 393 of 416

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RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING SANCTIONS OF COUNCILMEMBER ROLAN RESENDIZ

WHEREAS, the City Council of the City of Hollister (“City”) adopted rules of conduct for the City Council titled, “Code of Ethics and Conduct” (hereinafter referred to as “Code of Conduct”) codified in the Hollister Municipal Code, chapter 2.04. et seq.; and

WHEREAS, the Code of Conduct was adopted “to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Hollister’s City government;” and

WHEREAS, section 2.04.015.3 of the Code of Conduct requires Councilmembers to refrain from abusive conduct and personal charges or verbal attacks upon the character or motives of other members of City Council; and

WHEREAS, section 2.04.015.4 of the Code of Conduct requires Councilmembers to perform their duties in accordance with the processes and rules of order established by the City Council; and

WHEREAS, Councilmembers who intentionally fail to follow conduct standards may, among other things, lose their committee assignments (both within the City and with intergovernmental agencies) and lose the ability to be appointed as Vice Mayor (HMC, § 2.04.030); and

WHEREAS, Councilmembers who do not sign an acknowledgement that they have read, understood, and accept the Code of Conduct shall be ineligible to be appointed as Vice Mayor (HMC, § 2.04.030 A); and

WHEREAS, Councilmember Rolan Resendiz acknowledged that he read and understood the Code of Conduct for Elected and Appointed Officials on May 29, 2021; however, on January 16, 2024, the City Council amended the Code of Conduct, thus requiring City Councilmembers to acknowledge that they have read and understood the amended Code of Conduct; and

WHEREAS, to date, Councilmember Rolan Resendiz has not acknowledged that he has read and understood the amended Code of Conduct, making him ineligible to be appointed Vice Mayor; and

WHEREAS, during the November 12, 2024, Hollister City Council meeting, there was a discussion by the City Council regarding allegations that Councilmember Resendiz willfully disrupted proceedings, in violation of the Code of Conduct section

2.04.015.3, and failed to respect City Council meeting processes and rules, in violation of Code of Conduct section 2.04.015.4, at the September 17, 2024, City Council

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Resolution No. 2024-XX

meeting; and

WHEREAS, following the discussion, the City Council gave consensus to place a Sanction Resolution on a subsequent City Council meeting agenda, thereby affording Councilmember Resendiz the opportunity to respond to the resolution prior to its potential adoption; and

WHEREAS, the City Council finds that Councilmember Rolan Resendiz should be sanctioned for the following reasons:

1. Councilmember Resendiz engaged in conduct that willfully disrupted a City Council meeting; and

2. Councilmember Resendiz engaged in conduct which failed to respect City Council meeting processes and rules.

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

Section 1. The City Council hereby concludes that the facts concerning Councilmember Resendiz’s conduct, stated above, constitute violations of the Code of Conduct, specifically: “[m]embers shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the staff or public” (HMC, § 2.04.015.3) and “[m]embers shall comply with the laws of…the city of Hollister in the performance of their public duties.” (HMC, § 2.04.015.4.)

In accordance with the Code of Conduct section 2.04.030 (F), which states:
“[c]ouncilmembers who intentionally and repeatedly do not follow proper conduct may…lose seniority or committee assignments, lose the ability to be appointed as mayor pro tempore/vice mayor…”, the City Council of the City of Hollister hereby:

1. Removes Councilmember Resendiz from his position as Vice Mayor.

2. Removes Councilmember Resendiz from his assigned committees for one year.

3. Admonishes Councilmember Resendiz to cease engaging in such conduct or similar conduct in the future, and thus allowing the City Council to perform its duties in the best interest of the public.

Section 2. This resolution shall be effective immediately after its passage and approval.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 2024 by the following vote:

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Resolution No. 2024-XX

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 special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Attorney-2024-17

AGENDA ITEM: A RESOLUTION APPOINTING COUNCILMEMBER PEREZ AS

VICE MAYOR

DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Jennifer Thompson, Assistant City Attorney

RECOMMENDED ACTION: No staff recommendation. This is a City Council initiated item.

DISCUSSION: At the November 12, 2024, City of Hollister (“City”) Council meeting, the City Council directed staff to return to the City Council with a resolution to strip Councilmember Resendiz of the Vice Mayor title and appoint Councilmember Rick Perez as Vice Mayor. In a separate item at the December 2, 2024 City Council meeting, the City Council is considering a resolution to remove Councilmember Resendiz from his position as Vice Mayor.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: Discussed above.

CEQA: N/A

ATTACHMENTS:

1. Resolution

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RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPOINTING COUNCILMEMBER RICK PEREZ AS VICE MAYOR

WHEREAS, at the November 12, 2024, City of Hollister (“City”) Council meeting, the City Council directed staff to return to the City Council with a resolution appointing Councilmember Rick Perez as Vice Mayor; and

WHEREAS, at the December 2, 2024, City Council meeting, the City Council removed Councilmember Rolan Resendiz from his position as Vice Mayor.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby appoints Councilmember Rick Perez as Vice Mayor of the City of Hollister City Council, who shall hold the position until the end of his term.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

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Resolution No. 2024-XXX

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-58

AGENDA ITEM: INFORMATIONAL REPORT REGARDING BUDGET

STABILIZATION STRATEGIES

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

RECOMMENDED ACTION: Receive an informational report regarding budget stabilization strategies and provide direction and/or feedback to staff.

DISCUSSION: The City of Hollister adopts an annual operating budget covering a 12- month period. This period is referred to as a fiscal year. The City adopted a budget for Fiscal Year (FY) 2024-25 at their June 18, 2024 meeting. The City’s FY 2024-25 annual operating budget covers the 12-month period of July 1, 2024 - June 30, 2025.

The City has various fiscal and budget policies, which are referenced as an Appendix in the FY 2024-25 budget book, to help guide the administration of the annual budget process and to ensure the City Council and staff are good stewards of public funds. One of these policies requires staff to conduct ongoing budget monitoring to evaluate the various financial activities of the City.

This budget policy states the following: “The City will prepare and issue timely interim reports on the City’s financial status to the Council and staff. This includes: online access to the City’s financial management system b y City staff; monthly reports to program managers; more formal quarterly reports to the Council and department heads; mid-year budget reviews; and interim annual reports.” On November 12, 2024, staff presented to the City Council, a formal quarterly report to the City Council for Q1 of FY 2024-25. At this meeting, staff were directed to return to the following council meeting with a list of potential strategies and actions that the City Council can take to stabilize its budget, rebuild its reserves, and ensure that it can meet its short-term and long-term obligations across all City funds.

Staff also requested that Stephanie Beauchaine, of the Beauchaine Consulting Group, review the November 12, 2024, presentation to review and assess its findings, review staff budget strategy recommendations, and provide additional recommendations as needed. Ms. Beauchaine will be participating in the presentation and will be available for questions.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: City Council received the FY 2024- 25 Quarter 1 Budget Update on November 12, 2024.

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CEQA: Not a project.

ATTACHMENTS: N/A

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Attorney-2024-16

AGENDA ITEM: A RESOLUTION TO RECONSIDER AN AMENDMENT TO THE SAN

BENITO COUNTY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT

DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Jennifer Thompson, Assistant City Attorney

RECOMMENDED ACTION: There is no staff recommendation. This is a City Council initiated item.

DISCUSSION: On October 15, 2024, the City Council considered whether to adopt a resolution approving an amendment to the San Benito County Council of Governments (“SBCOG”) Joint Powers Agreement (“JPA”). The purpose of the proposed JPA amendment was to increase the SBCOG board of directors’ terms from two (2) years to four (4) years.

A motion was made by Councilmember Perez to approve the resolution and associated JPA amendment. The motion was seconded by Mayor Casey. Councilmember Perez and Mayor Casey voted in favor of the amendment, while Councilmember Burns and Vice Mayor Resendiz voted against the amendment. Councilmember Morales was absent from the meeting. The motion, therefore, failed due to a two-two (2-2) vote.

At the November 12, 2024, City Council meeting, Councilmember Burns submitted a written request to re-agendize this item for reconsideration.

The City of Hollister follows Rosenberg’s Rules of Order (“Rosenberg’s Rules”). (HMC, § 2.04.010.) Rosenberg’s Rules generally do not allow reconsideration of previous City Council decisions. Rosenberg’s Rules do, however, allow the City Council to temporarily suspend Rosenberg’s Rules, which would allow the City Council to reconsider an item. The process to suspend Rosenberg’s Rules is detailed below. The recommended motion is noted in italics.

1. Councilmember makes motion to suspend the rules and reconsider the SBCOG JPA amendment. “I move to adopt a resolution to suspend Rosenberg’s Rules and reconsider an amendment to the San Benito County Council of Governments Joint Powers Agreement to increase board of directors’ term lengths.”

2. Another Council member seconds the motion.

3. City Council votes to suspend the rules and reconsider the SBCOG JPA amendment.

4. If the vote passes with a two-thirds (2/3) vote (four (4) out of five (5) Councilmembers), the SBCOG JPA amendment may be reconsidered.

If this motion for reconsideration passes, the City Council will consider the next item on the agenda: A Resolution Approving an Amendment to the San Benito County Council

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of Governments Joint Powers Agreement. If this motion for reconsideration fails, t he next item on the agenda should be skipped.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: On October 15, 2024, the City Council voted two-two (2-2) not to adopt a resolution approving an amendment to the SBCOG JPA.

CEQA: N/A

ATTACHMENTS:

1. Resolution to Reconsider an Amendment to the SBCOG JPA.

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Page 1 of 2 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO SUSPEND ROSENBERG’S RULES OF ORDER AND RECONSIDER

AN AMENDMENT TO THE SAN BENITO COUNTY COUNCIL OF

GOVERNMENTS JOINT POWERS AGREEMENT

WHEREAS, on October 15, 2024, the City of Hollister (“City”) Council considered whether to adopt a resolution approving an amendment to the San Benito County Council of Governments (“SBCOG”) Joint Powers Agreement (“JPA”) to increase the SBCOG board of director term length from two (2) to four (4) years; and

WHEREAS, on October 15, 2024, a motion was made by Councilmember Perez to approve the resolution and associated JPA, the motion was seconded by Mayor Casey, Councilmember Perez and Mayor Casey voted in favor of the amendment while Councilmember Burns and Vice Mayor Resendiz were opposed to the motion, and Councilmember Morales was absent from the meeting, so the motion failed due to a two - two (2-2) vote; and

WHEREAS, at the November 12, 2024, City Council meeting, Councilmember Burns submitted a written request to re-agendize the resolution approving an amendment to the SBCOG JPA; and

WHEREAS, the City follows Rosenberg’s Rules of Order (“Rosenberg’s Rules”) (HMC, §

2.04.010) and Rosenberg’s Rules generally do not allow reconsideration of previous City Council decisions; and

WHEREAS, Rosenberg’s Rules do allow the City Council to suspend Rosenberg’s Rules by a two-thirds (2/3) (four (4) out of five (5) Councilmembers) vote.

NOW, THEREFORE, BE IT RESOLVED:

1. Councilmember [NAME] moved to suspend Rosenberg’s Rules to reconsider the amendment to the SBCOG JPA to increase board of director term lengths.

2. Councilmember [NAME] seconded the motion.

3. Councilmembers [LIST NAMES] voted in favor of the motion and Councilmember [NAME] opposed the motion.

4. Rosenberg’s Rules are hereby suspended to reconsider an amendment to the SBCOG JPA to increase board of director term lengths.

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Page 2 of 2 ends

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX 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 sp ecial meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-59

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDMENT TO SAN BENITO

COUNTY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT

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

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the San Benito County Council of Governments Joint Powers Agreement to increase terms for member agency appointments to the Board of Directors.

DISCUSSION: The County of San Benito, the City of Hollister, and the City of San Juan Bautista (collectively “Member Entities”) entered into the Joint Powers Agreement (“JPA”) on December 31, 1973, to form the San Benito County Council of Governments (“SBCOG”), and the agreement was subsequently amended on several occasions with the most recent amendment and restatement occurring on September 8, 2014.

Following discussions at the SBCOG March Board retreat and the July Board meeting, SBCOG legal counsel prepared a potential draft amendment for SBCOG Board review and consideration. The draft amendment would revise Article 3.2.3 of the JPA establishing the Council of San Benito County Governments. The draft amendment would result in member agency appointees to the SBCOG Board of Directors serving four-year terms until the appointment and qualification of a successor. Any vacancy that is created as a result of removal for cause or resignation from the appointing member body would be filled for the unexpired term by a replacement appointment by the appointing member agency.

The longer appointment would address SBCOG concerns that there is a significant learning curve with respect to learning and understanding the roles and responsibilities of SBCOG in project planning and development and understanding transportation policy within California, including the time it takes to plan and deliver projects. Additionally, annual turnover of membership makes it difficult for SBCOG Directors to maintain a consistent understanding of ongoing projects, State and Federal transportation policies/directives, and project funding programs and opportunities. Additionally, project related agreements and programs are long-term obligations that benefit from having a Board of Directors with long-term knowledge and project familiarity, which are essential to policy and decision-making concerning transportation planning, transportation services, and infrastructure improvement projects.

The SBCOG Board of Directors recommends the member entities approve the draft amendment to the JPA Agreement.

FISCAL IMPACT: N/A

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PREVIOUS COUNCIL OR COMMISSION ACTION: Currently, the Hollister Mayor annually appoints members of the City Council to serve on SBCOG.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. SBCOG Resolution 24-09

3. Draft Amendment to the Joint Powers Agreement

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Page 1 of 2 ends

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AMENDMENT TO THE SAN BENITO COUNTY

COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT

WHEREAS, the San Benito County Council of Governments (“SBCOG”) is comprised of the County of San Benito, City of Hollister, and City of San Jaun Bautista (“Member Entities”); and

WHEREAS, the Member Entities entered into the Joint Powers Agreement (“JPA”) on December 31, 1973, which has periodically been amended; and

WHEREAS, on September 19, 2024, the SBCOG Board of Directors adopted Resolution No. 2024-09 recommending the Member Entities amend the JPA to amend the term of office to four (4) years for appointees to the SBCOG Board of Directors.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the amendment to the JPA for the SBCOG, as recommended by the SBCOG Board of Directors.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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

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Page 2 of 2 ends

Resolution No. 2024-XXX

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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1 FIRST AMENDMENT TO

AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE COUNCIL OF SAN BENITO COUNTY GOVERNMENTS

This First Amendment to Amended Joint Exercise of Powers Agreement (“Amendment”) is effective _________ , 2024 (“Effective Date”), and is entered into by and between the County of San Benito, the City of Hollister and the City of San Juan Bautista (hereinafter collectively referred to as “Member Entities”).

RECITALS
WHEREAS, the Member Entities entered into Joint Powers Agreement on December 31, 1973; and
WHEREAS, the Member Entities amended the Agreement on May 6, 1974; and WHEREAS, the Member Entities further amended the Agreement on July 26, 2005; and WHEREAS, the Member Entities further amended the Agreement on September 8, 2014 (the “Agreement”); and
WHEREAS, the parties now desire to amend the Agreement as it relates Governing Board member term of office.

NOW, THEREFORE, in consideration of the mutual promises set out herein, the parties agree as follows:

1. Article 3.2.3, of the Agreement is hereby amended in its entirety to read as follows:

“3.2.3 Except for the term of office of the initial directors and alternates which shall expire June 30, 1975, the term of office of each director and alternate on the Board of Directors as of the effective date of this Amendment shall be four years until the appointment and qualification of a successor. Any vacancy that is created as a result of removal for cause or resignation from the appointing member body shall be filled for the unexpired term by appointment by the appointing body whose office has become vacant. Replacement directors shall serve until the scheduled expiration of the four-year term of the Board member that they replace.”

2. Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed and attested by their proper, duly authorized officers on the day and year set opposite the name of each of the parties.

[SIGNATURES ON NEXT PAGE]

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2 COUNTY OF SAN BENITO

STATE OF CALIFORNIA

By:
[Name]
Chair of the Board of Supervisors

ATTEST:

____________________________________
[NAME]

APPROVED AS TO FORM:

____________________________________

CITY OF HOLLISTER

By:
[Name]

ATTEST:

____________________________________
[NAME]

APPROVED AS TO FORM:

____________________________________

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3 CITY OF SAN JUAN BAUTISTA

By:
[Name]

ATTEST:

____________________________________
[NAME]

APPROVED AS TO FORM:

____________________________________

Page 322 of 407 ends

Page 323 of 407 ends

~SBCOG
Council of
San Benito
County Governments

BEFORE THE COUNICL OF SAN BENITO COUNTY

GOVERNMENTS

A RESOLUTION OF THE COUNCIL OF SAN BENITO )

COUNTY GOVERNMENTS RECOMMENDING )
AMENDMENT TO JPA AGREEMENT TO INCREASE >) Resolution No. COG 24-09

TERMS FOR MEMBER AGENCY APPOINTMENTS TO)

THE BOARD OF DIRECTORS )
)
WHEREAS, the Council of San Benito County Governments (“SBCOG”) is a California joint powers authority organized under California Government Code Section 6500 et seq.; and WHEREAS, on December 31, 1973, the County of San Benito, the City of Hollister, and the City of San Juan Bautista (collectively “Member Agencies”) entered into a Joint Powers Agreement establishing SBCOG; and
WHEREAS, the Joint Powers Agreement was subsequently amended on several occasions, with the most recent amendment on September 8, 2014 (the “JPA Agreement”); and WHEREAS, during a March 2024 SBCOG Board of Directors retreat, challenges facing SBCOG were discussed. During the retreat, the Board acknowledged the importance of Board Members understanding SBCOG’s role in planning transportation projects in the region, maintaining consistent understanding and knowledge of state and federal transportation policies and directives, and understanding project funding programs and opportunities; and WHEREAS, the SBCOG Board further recognizes the importance of maintaining the consistent administration of project phases and project-related agreements, which often span several years; and
WHEREAS, a recent State Audit Report of a transportation agency similarly recommended increasing board member terms to increase the overall experience and stability of board membership; and
WHEREAS, the SBCOG Board supports having representatives from Member Agencies who develop and maintain an understanding of state and federal transportation policies and develop long-term knowledge and familiarity with current and planned future projects, all of which are critical to ensuring consistent SBCOG policy and decision-making.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors for the Council of San Benito County Governments hereby recommends to its Member Agencies that the JPA Agreement be amended to establish four (4) year Director terms to the SBCOG Board of Directors.

Page 318 of 407 ends

SBCOG
Council of
San Benito
County Governments

PASSED AND ADOPTED BY THE COUNCIL OF SAN BENITO COUNTY GOVERNMENTS THIS 19™ DAY OF SEPTEMBER, 2024, BY THE FOLLOWING VOTE:

AYES: Chair Freels, Casey, Morales, Curro, Sotelo
NOES: 0
ABSTAINING: 0
ABSENT: 0
y Y
Scott Freels, Chair

APPROVED AS TO LEGAL FORM:

Dated: September 11, 2024 By: (arm 2 IES
Osman I. Mufti, SBCOG Counsel

ATTEST:

Dated: Bobrbornbos 23, 2024 By: Be, oka,
Bigu Abraham, Executive Director

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

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

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

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

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

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

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

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

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

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

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

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

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

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Hollister City CouncilDecember 2, 2024

Hollister City Council
December 2, 2024