Agenda packet — Hollister City Council, February 4, 2025 (part 1 of 9)

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, February 4, 2025, 4:00 p.m.

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

Roxanne Stephens, Mayor David Mirrione, City Manager Rudy Picha, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Priscilla de Anda, Council Member, District 4

Gordon Machado, City Treasurer

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

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

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

The public may watch the meeting via live stream at:

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

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

City of Hollister YouTube Channel:

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

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

Public Participation:

The public may attend meetings.

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

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

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

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

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

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

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

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1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION - REPORT OUT

5.SPECIAL ORDERS OF THE DAY

5.1 UPDATE ON HIGHWAY 25 PROJECT BY COUNCIL OF SAN BENITO COUNTY

GOVERNMENTS
Receive an update on Highway 25 Project by Council of San Benito County Governments Executive Director Binu Abraham.

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

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

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

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

7.1 APPROVE JANUARY 21, 2025 REGULAR MEETING MINUTES

7.2 APPROVE JANUARY 21, 2025 SPECIAL MEETING MINUTES

7.3 CLAIM AGAINST THE CITY FILED BY CATHY VILLAREAL
RECOMMENDED ACTION:

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

7.4 CLAIM AGAINST THE CITY FILED BY JAZMINE SANCHEZ
RECOMMENDED ACTION:

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

7.5 A RESOLUTION APPROVING FISCAL YEAR 2024/2025 APPROPRIATIONS FOR COMPLETION OF THE FISCAL ACTIVITY FOR THE RUNWAY 6 SAFETY

IMPROVEMENTS AIRPORT IMPROVEMENT PROJECT
RECOMMENDED ACTION:

Adopt a resolution approving Fiscal Year 2024/2025 appropriations for completion of the fiscal activity for the Runway 6 Safety Improvements Airport Improvement Project.

City of Hollister City Council Meeting

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7.6 A RESOLUTION AUTHORIZING COUNCILMEMBER RESENDIZ TO USE CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR FINANCIAL

SUPPORT OF THE LATINO COALITION OF SAN BENITO COUNTY AND

RELATED ADMINISTRATIVE COSTS
RECOMMENDED ACTION:

Adopt a resolution authorizing Councilmember Resendiz to use up to $1,500 of FY 24/25 City Council budgeted discretionary funds in support of the Latino Coalition of San Benito County and $450 of City administrative costs, and authorizing the city manager to execute the necessary agreements.

7.7 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICES AGREEMENT

WITH BRIGHTVIEW LANDSCAPE SERVICES FOR PARKS, LANDSCAPES, AND

SOUND WALL MAINTENANCE SERVICES
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the professional services agreement with BrightView Landscape Services for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

7.8 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH SMITH & ENRIGHT LANDSCAPING INC. FOR PARKS, LANDSCAPES, AND

SOUND WALL MAINTENANCE SERVICES
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the professional services agreement with Smith & Enright Landscaping Inc., for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

7.9 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH N. RAMIREZ LANDSCAPE AND CONSTRUCTION FOR PARKS,

LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the professional services agreement with N. Ramirez Landscape and Construction, for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

7.10 A RESOLUTION AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH DR. JEFFREY S. FANKHAUSER BETWEEN HOLLISTER POLICE ANIMAL CARE & SERVICES AND DR. JEFFREY S. FANKHAUSER RECOMMENDED ACTION:

Adopt a resolution authorizing the Mayor to sign an amended agreement between Hollister Police Animal Care Services and Dr. Jeffrey S. Fankhauser, DVM for premises permit.

7.11 A RESOLUTION ACCEPTING A GRANT FROM THE SAN BENITO COUNTY

COMMUNITY AND CORRECTIONS PARTNERSHIP (SBCCCP) IN WHICH THE SBCCCP WILL DIRECTLY UP TO $500,000 FOR THE PURCHASE OF SUN RIDGE

RIMS RECORDS SOFTWARE AND RELATED EQUIPMENT FOR THE POLICE

DEPARTMENT
RECOMMENDED ACTION:

Adopt a resolution accepting a grant from the San Benito County Community and Corrections Partnership (SBCCCP) in which the SBCCCP will directly pay up to $500,000 to Sun Ridge RIMS Records Software and pay for the equipment needed City of Hollister City Council Meeting

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for its operations at the Police Department and authorize City Manager to sign contract with Sun Ridge Systems.

7.12 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $8,441,982 TO

MARINSHIP DEVELOPMENT INTEREST LLC FOR THE INDUSTRIAL

WASTEWATER TREATMENT PLANT AND BRIDGE RD STORMWATER

IMPROVEMENT PROJECT
RECOMMENDED ACTION:

Adopt a resolution accepting bids and awarding a contract to Marinship Development Interest LLC for the Industrial Wastewater Treatment Plant and Bridge Road Stormwater Improvements Project, (CIP 2503) and authorizing the City Manager to execute the agreement and any related documents.

8.COUNCIL BUSINESS

8.1 A PRESENTATION REGARDING THE COMMUNITY WORKFORCE AGREEMENT

BETWEEN THE CITY OF HOLLISTER AND THE SANTA CLARA AND SAN

BENITO COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL RECOMMENDED ACTION:

Receive a presentation regarding the Community Workforce Agreement between the City of Hollister and the Santa Clara and San Benito Counties Building and Construction Trades Council and provide possible direction to staff.

8.2 SAN BENITO STREET TRAFFIC CALMING STUDY ALTERNATIVES

PRESENTATION
RECOMMENDED ACTION:

Receive the staff report and presentation and provide direction to staff.

8.3 A RESOLUTION ACCEPTING THE PROPOSAL RECEIVED FROM BAKER TILLY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $44,550 WITH THE CITY OF SAN JUAN

BAUTISTA FOR THE FIRE PROTECTION DISTRICT FEASIBILITY STUDY RECOMMENDED ACTION:

Adopt a resolution accepting the proposal received from Baker Tiller and authorize the City Manager to execute a reimbursement agreement in the amount of $44,550 with the City of San Juan Bautista for the Fire Protection District Feasibility Study.

8.4 FISCAL YEAR 2024-25 MID-YEAR BUDGET UPDATE AND DISCUSS OVERALL

BUDGET STABILZATION STRATEGIES
RECOMMENDED ACTION:

Receive an informational report regarding Fiscal Year 2024-25 Q2 (mid-year) budget update, discuss budget stabilization strategies, and provide direction and/or feedback to staff.

9.PUBLIC HEARINGS

9.1 A RESOLUTION AMENDING PORTIONS OF THE CITY’S FISCAL YEAR 2024-25

MASTER USER FEE SCHEDULE
RECOMMENDED ACTION:

Hold a public hearing, receive the results of a comprehensive user fee study, and adopt a resolution making changes to some user fees in the Fiscal Year 2024-25 Master User Fee Schedule.

City of Hollister City Council Meeting

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

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

10.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Immigration - Councilmember Morales

2. Designate Hollister's Downtown as an Entertainment District - Councilmember Resendiz

3. Presentation by Jovenes de Antaño- Councilmember de Anda

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

11.CLOSED SESSION

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

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

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of February 4, 2025 was posted on the bulletin board at City Hall on January 31, 2025 per Government Code Section 54954.2.

City of Hollister City Council Meeting

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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

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].

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

January 21, 2025, 4:00 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 4:19 p.m.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember de Anda led the Pledge of Allegiance.

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

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Joe commented on projected rainfall deficiency for the area and potential drought and wildfire in the County.

Geoffrey Morgan, President and CEO of CHISPA housing, invited the City Council to attend their 45th celebration.

Sandy Patterson thanked the Hollister Fire Department's personnel for saving her animals from a structure fire.

Anne Hall spoke regarding local community theater organization, San Benito Stage Company, and shared information regarding a proposed performing space in downtown Hollister.

Carl DiLeonardo expressed concern regarding the City's future and cautioned against the City becoming a part of the County.

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2 John Wrobel spoke regarding the upcoming 250th anniversary of the signing of the Declaration of Independence and encouraged the City to participate in celebratory events and create an ad hoc committee.

Gretchen Lester spoke on behalf of the Little Tree Community and stated the school has not been able to open their location on Powell Street for the last year.

Ms. Lester urged the City to allow the school to open as soon as possible.

6. CONSENT ITEMS
City Attorney Mary Lerner pulled item 6.9 for discussion.

Councilmember Resendiz pulled item 6.4 for discussion.

Moved by: Council Member Morales
Seconded by: Mayor Stephens

The consent calendar items are approved, except items 6.4 and 6.9.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

6.1 APPROVE DECEMBER 17, 2024 MEETING MINUTES

6.2 APPROVE JANUARY 7, 2025 MEETING MINUTES

6.3 WARRANT REGISTER JANUARY 21, 2025
Moved by: Council Member Morales
Seconded by: Mayor Stephens

Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessment Funds attached.

Carried

6.5 CLAIM AGAINST THE CITY FILED BY SUZANNE PETR AY
Moved by: Council Member Morales
Seconded by: Mayor Stephens

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

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3 Carried

6.6 CLAIM AGAINST THE CITY FILED BY SERGIO GARCIA
Moved by: Council Member Morales
Seconded by: Mayor Stephens

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

Carried

6.7 CLAIM AGAINST THE CITY FILED BY VERONICA VELASQUEZ
Moved by: Council Member Morales
Seconded by: Mayor Stephens

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

Carried

6.8 RATIFY APPOINTMENT TO FILL A VACANCY ON THE AIRPORT

ADVISORY COMMISSION AND PLANNING COMMISSION
Moved by: Council Member Morales
Seconded by: Mayor Stephens

Ratify appointments to the Airport Advisory Commission and the Planning Commission.

Carried

6.10 A RESOLUTION APPROVING A FIRST AMENDMENT TO AN

EXISTING AGREEMENT FOR VETERINARY SERVICES BETWEEN

THE CITY OF HOLLISTER AND SAN BENITO VETERINARY CENTER
Moved by: Council Member Morales
Seconded by: Mayor Stephens

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4 Adopt a resolution authorizing the City Manager to sign a first amendment to an agreement between the City of Hollister and San Benito Veterinary Center for veterinary services.

Carried

6.11 A RESOLUTION APPROVING THE ANNEXATION OF 2101 BERT DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4
ANNEXATION NO. 59 (PUBLIC FACILITIES SERVICES)
Moved by: Council Member Morales
Seconded by: Mayor Stephens

Adopt a resolution approving the annexation of 210 1 Bert Drive Project into CFD #4.

Carried

6.12 A RESOLUTION APPROVING A SECOND AMENDMENT TO CITY OF

HOLLISTER PROFESSIONAL SERVICES AGREEMENT WITH
RAFTELIS FINANCIAL CONSULTANTS, INC.

Moved by: Council Member Morales
Seconded by: Mayor Stephens

Adopt a resolution:

1. Authorizing the City Manager to execute a Second Amendment to the City of Hollister Professional Services Agreement for Water Rate and Capacity Fees Study with Raftelis Financial Consultants, Inc.; and

2. Approving a supplemental Budget Adjustment Request form.

Carried

6.4 ORDINANCE 1256 APPROVING A ZONING ORDINANCE
AMENDMENT TO ADOPT CHAPTER 17.28 AGRICULTURAL LANDS

PRESERVATION PROGRAM
City Manager David Mirrione provided the staff report.

Councilmember Resendiz suggested amending the ordinance to require two acres of agricultural land to be preserved for every one acre developed.

Councilmember Picha recommended amending the ordinance to require

2.5 acres of agricultural land to be preserved for every one acre developed.

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5 Mayor Stephens opened public comment at 4:50 p.m.

John Wrobel supported preserving as much agricultural land as possible and stated prime farmland should not be developed.

Mayor Stephens closed public comment at 4:51 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Rudy Picha

Direct staff to bring Ordinance 1256 for a third reading approving a zoning ordinance amendment to adopt Chapter 17.28 Agricultural Lands Preservation Program with a preservation of 2.5:1 acres ratio for preservation of agricultural land to the next regular Council meeting.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

6.9 A RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 2024-170
City Attorney Mary Lerner provided the staff report.

Mayor Stephens opened public comment at 4:58 p.m.

Josh Buzzetta opposed rescinding Resolution No. 2024 -170.

Courtney Parrinello opposed rescinding Resolution No. 2024 -170.

Mia Casey opposed rescinding Resolution No. 2024-170.

Carol Lenoir opposed rescinding Resolution No. 2024-170.

Amy Bird opposed rescinding Resolution No. 2024-170.

Terry Clark opposed rescinding Resolution No. 2024-170.

Jeff Granucci opposed rescinding Resolution No. 2024-170.

Amanda Baum opposed rescinding Resolution No. 2024-170.

Mayor Stephens closed public comment at 5:17 p.m.

Moved by: Council Member Resendiz
Seconded by: Mayor Stephens

Adopt the proposed resolution rescinding Resolution 2024 -170 dated October 15, 2024, and reaffirming the City’s commitment to sustainable public safety services and fiscal responsibility.

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6 Ayes (4): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Carried (4 to 1)

7. PUBLIC HEARINGS

7.1 AN ORDINANCE AMENDING HOLLISTER MUNICIPAL CODE
SECTION 02.04.050 (MEETINGS- TIME AND PLACE) OF CHAPTER

02.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND

PERSONNEL)
City Attorney Mary Lerner provided the staff presentation.

Mayor Stephens opened the public hearing at 5:40 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 5:40 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Rudy Picha

Adopt an ordinance amending Section 02.04.050 (“Meetings – Time and place – Held in conformity with state law”) of chapter 02.04 (“City Council”) of title 2 (“Administration and Personnel”) of the City of Hollister (“City”) Municipal Code.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

8. COUNCIL BUSINESS

8.1 THE CITY OF HOLLISTER AND THE COUNCIL OF SAN BENITO

COUNTY GOVERNMENTS (SBCOG) PARTNERING ON TWO GRANT

APPLICATIONS FOR CALTRANS FUNDING
City Manager David Mirrione provided the staff report.

Mayor Stephens opened public comment at 5:44 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 5:44 p.m.

Moved by: Council Member Morales
Seconded by: Mayor Stephens

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7 Authorize the City of Hollister to be a co-sponsor with the Council of San Benito County Governments (SBCOG) on two Caltrans grant applications that offer community benefits and budget savings.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

8.2 LEGISLATIVE UPDATE
Assistant City Attorney Rob Lomeli provided the staff report.

Mayor Stephens opened public comment at 5:59 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 5:59 p.m.

8.3 CITY COUNCIL, ACTING IN ITS CAPACITY AS THE SUCCESSOR

AGENCY TO THE CITY OF HOLLISTER REDEVELOPMENT AGENCY
(RDA), TO REVIEW AND CONSIDER APPROVING THE FISCAL YEAR (FY) 2025-26 RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(ROPS)
Admnistrative Services Director Casey Estorga provided the staff report.

Mayor Stephens opened public comment at 6:02 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 6:02 p.m.

Moved by: Council Member Morales
Seconded by: Council Member Rudy Picha

Staff recommends the City Council, in their capacity as the Successor Agency to the City of Hollister RDA, approve the FY 2025-26 ROPS.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

9. INFORMATIONAL REPORTS

9.1 COMMITTEE ASSIGNMENTS

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8 Councilmember Resendiz reported the Fire Services Negotiations ad hoc committee met and reported he attended the San Benito Council of Governments meeting.

Mayor Stephens reported she attended the LAFCO meeting and was selected as Vice Chair of LAFCO.

9.2 COUNCIL REPORTS
Councilmember Morales thanked staff for their work with the Little Tree Community school.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Restricting city services to only within city limits - Councilmember Resendiz
By consensus, the City Council directed staff to bring a future agenda item to discuss restricting city services to only within city limits.

9.3 CITY MANAGER REPORT

1. CITY COUNCIL AGENDA ITEM REQUESTS LIST

10. CLOSED SESSION
City Attorney Mary Lerner read the closed session item titles.

Mayor Stephens opened public comment at 6:13 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 6:13 p.m.

Mayor Stephens adjourned the meeting into closed session at 6:14 p.m.

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

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

11. ADJOURNMENT

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9 Mayor Stephens adjourned the meeting at 7:26 p.m.

Jennifer Woodworth, City Clerk

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

January 21, 2025, 3:30 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the special meeting of the City Council of the City of Hollister to order at 3:31 p.m.

2. ROLL CALL

3. COUNCIL BUSINESS

3.1 DISCUSSION AND/OR DIRECTION AND/OR ACTION REGARDING THE 270-DAY FIRE SERVICES TERMINATION NOTICE THAT WAS
APPROVED BY THE PREVIOUS CITY COUNCIL ON JUNE 18, 2024, TO SAN BENITO COUNTY AND THE CITY OF SAN JUAN BAUTISTA.

Councilmember Picha arrived at 3:32 p.m.

Mayor Stephens opened public comment at 3:33 p.m.

Stephen Hanson stated the firefighters will continue to do what they can to protect the community.

Carol Lenoir supported the City maintaining the 270-termination notice, but would support extending it if productive negotiat ions are ongoing.

Mia Casey supported the City maintaining the 270-termination notice and questioned the timing of calling the special meeting.

Terry Clark supported the Hollister Fire Department and stated no cuts should be made to the personnel.

Rick supported the City receiving fair compensation for providing fire services to the County of San Benito.

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2 Joe expressed concern regarding the timing of the special meeting and the high potential for wildfire in the upcoming summer fire season.

Alice Thomas expressed support for the Hollister Fire Department personnel and encouraged the City to negotiate with the County of San Benito.

Layla Borges, former member of the Fire Explorers program, supported funding for the Hollister Fire Department and its personnel.

Mayor Stephens closed public comment at 3:49 p.m.

Councilmember Resendiz requested the City Council rescind the 270 -Day Fire Services Termination Notices.

Councilmember Morales spoke regarding the cost to Hollister to subsidize fire services for San Benito County.

Councilmember Picha supported extending the 270-Day Fire Services Termination Notices to allow more time to talk with stakeholders, explore other options, and negotiate a fair contract.

Mayor Stephens supported collaborative, open negotiations , building strong partnerships, and rescinding 270-Day Fire Services Termination Notices.

City Treasurer Gordon Machado spoke regarding the City's taxpayers subsidizing the County and supported correcting this imbalance.

Councilmember Morales suggested the County provide funds in a trust to limit the City's continuing to subsidize County fire services.

Councilmember Morales expressed concern for layoffs due to a lack of a contingency fund or a clear deadlines for contract negotiations.

Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
Rescind the 270-Day Fire Services Termination Notices that were approved by the previous City Council on June 18, 2024, to the County of San Benito and the City of San Juan Bautista.

Ayes (4): Mayor Stephens, Council Member Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Carried (4 to 1)

Amendment:

Moved by: Council Member Morales

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3 1. Rescind the 270-Day Fire Services Termination Notices to the County of San Benito and the City of San Juan Bautista.

2. Create a trust fund and request the San Benito County deposit $1 million per year during the negotiation process.

3. Conclude negotiations within a year prior or provide 270-day termination notices to the County of San Benito and City of San Juan Bautista.

Motion fails for lack of a second

4. ADJOURNMENT
Mayor Stephens adjourned the special meeting at 4:17 p.m.

Jennifer Woodworth, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # City Clerk-2025-09

AGENDA ITEM: CLAIM AGAINST THE CITY FILED BY CATHY VILLAREAL

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Angie Gonzalez, Deputy City Clerk

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

DISCUSSION: Cathy Villareal filed a claim against the City on December 5, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended the denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Claim

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # City Clerk-2025-11

AGENDA ITEM: CLAIM AGAINST THE CITY FILED BY JAZMINE SANCHEZ

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Angie Gonzalez, Deputy City Clerk

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

DISCUSSION: Jasmine Sanchez filed a claim against the City on January 22, 2025.

Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended the denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Claim

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Addres

CITY OF HOLLISTER

CLAIM FORM
(To be completed by claimant)
Address to which response should be sent
H:u 1, I ~Kr' / Ct=\ °l.S-0 2.3
Received
JAN 2.2 2025
By:p
Description of o cc urrence M y SDr"l VV l11/ -Pol hS .e.,J y q e+-ot I n~ by H-o ll itr+ n Y'"v\.. v Y\..t v--ex c,c tn ,., ..... H K9' q, c n~ • Location of occurrence :1:±:9 \ \ l ..r +u--1 GA
Date and time of occurrence __,;;.~_;:;;...;~::;..__-_0-0 __ ?-j~~--------- W itness or occurrence (Name and Address) ____________ _ Amount of claim ~ DO ( D O O -C5D ( ~ n r \...0\. vu Su 1 t-...r ~ \ ~ J (Attach supporting ir¼oices, etc.)
City employees involved (if any) ~-s-te--,r Pb •
I declare under penalty of perjury under the laws of th e State of California that th e foregoin Is true and correct.

Date I \crO \crD * Signatu
Se nd comp leted form to
City of Holl ister
375 Fifth Street
Hollister, CA 95023
831-636-4300 , option 5
coh [email protected] .gov

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Amended on 1/20/2025
10/14/2024
Attn: City of Hollister, San Benito County District Attorney, Hon. Omar J. Rodriguez, Comm issioner Page B. Galloway, Hon. Patrick K. Palacios
Description of Events
My Name is Jazmine Sa nchez. I am the Mother of 16. My son was assaulted by four Ho lli ster Police Department Offi cers Friday evening, October, 11th, 2024.

Myso as walking home before curfew from a friend's house when he ran into other friends that decided to walk him home. As they were walking near Hazel and Prospect (across train tracks), they were stopped by Offi cer Provost for no appa ren t reason. Provost flashed bright lights in the children's faces and directed the children to stop walking . The chi ld ren followed Provost's instructions. Provost then directed the chi ldren to sit on the cu rb but told my son to stand to the side as the incident didn't concern him. Th e chi ldren then began to ask Provost why they were being stopped. Provost proceeded to tell the children that they were j aywa lking, then called "for backup". My son 's intuition felt that Provost was harassing his friends as the boys are o ften harassed/stopped by Hollister PD officers for no re ason. My son began to video re co rd the situation w ith hi s phone. Th i s angered Sargent Wells who then directed my son to move all while pulling my son by th e hood of his sweater. As-son began to move, Sargent WeUs slam med my son to the ground. As my son fell he yelled out to his frien nd asked him to "record t hi s". My son did not resist however screamed in pain as his body and head fell to the floor. Sarge nt Wells and three other officers then jumped on my son's body and neck to restra in him, when his hands and arms had already pulled behind h is back when he was standing. Sargent Wells th en placed his knee and ent ire body weight on my son's neck which has since resu lted in a neck injury (I took my son to Hazel Hawkins Hospital for a CT scan). Wells obstructed my son's breathing and could have killed my son. My son el so susta ined a concussion, swelling to the back of his head, and injuries to hi s knees, hands, and wri st s. Almost the entire stop was video recorded by my son ~nd his friend -My son's friend- an d his Father came to my home to let me know what had occurred and se nt me t he video evidence of my son being as sau lted by four officers three times his weight and size. I do not understand why an unarmed chi ld would have hi s right to v ideo record violated and be assaulted by the very people that are supposed to protect him and our community. My son was not a threat or a danger to these officers. My was not resisting arrest, nor aware that h e was being arrested, as he did not commit a crime and was not noti fied by the officers that such would occur. It also does not take the weight of four adu lts to arrest a child. My so n's rights and safety were violated. It i s not a crime for my son to walk home with nothing but a rosary In his pocket. I know my son was racially profil ed because this incident is not unique, similar has happened previously, as I will la ter describe in this letter.

As soon as I was notified of the matter, I immediately bega n to ca ll my son. Officer provost continually answered and hang up my phone calls. I then proceeded to the juvenile hall on Flint Road. Howeve r, I arrived before my son did so went to the Hollister PD where I called 911 to press charges on the officers that assaulted my son . The 911 o perator told me t hat Sargent Wells would come out of the building to talk to me. As he approached me I asked hi m if he was the officer that placed his knee on my son's n eck and he repl ied "no". He li ed, as I have video evidence of him doing so. I then began to record t he conversation between Wells and I. Wells told me that my son admitted t o drinking alcohol and was stopped for public intoxicat ion, a completely different reason than

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officer Provost had shared (jaywalking), which later I found to be a l ie as Hazel Hawkins and the Juvenile Hal l cleared the boys of drinking alcoho l. My son was la ter booked and immediately released by the San Benito Youth Center.

The knee to neck restraint is strong ly prohibited in many police departments across this country as it has resulted in t he death of many civf lia ns. I would like full disclosure of Hollister PD policies in regard to this method.

I want to file individual complaints for all officers involved as well as the Ho ll is ter Pol ice Department, for violating my son's civil rights, false imprisonment, negligence, co nstitutional right violations, misconduct, excessive force, physical inju ry/ battery/ assau lt (penal code 243.4(6), un la wful assault by public officers (penal code 149PC) and emotional distress. My son is traumatized .• as two medical diagnoses (schoo l IEP in place for) that cou ld have resulted in my son expe riencing se izures due to the stress of this incident. I al so demand that the mugshot of my son i s dissolved.

My son has been illegally detained by Hollister PD on three occasions. Two incidents involving officer provost:
1st incident-My son was illegally detained at his schoo l 's front office at gunpoint, while he was transporting a form for a teacher to the front office. Apparently a kid took a gun to school and my son just happened to walk into the office when this occurred. My son was searched, unarmed, uninvolved, however, still illega lly detained, questioned without a parent present, and taken to the Hollister PD where I later picked him up. My son also had his video and photos taken by multiple parties who sp read false i nformation to t he media and on social media, including Hollister PD's social media accounts. A defamation of my son and our family. How is it possible that a good student could be detained while running an errand for a teacher? I met with the chief of police and asked h i m how he would feel if his children w ere arrested, handcuffed, blasted on Hollister PD's socia l media accounts, all for running an errand for a teacher. I told him this department needed to do a better job, unfortun ate ly that ha s not happened as this department continues to harass Hispanic children. 2nd incident-Officer provost illegally detained my son at the corner of Sunnyslope. I received a call from my son w here he told me he was being harassed by provost who often stops him when he sees my son walking or r iding his bike home. I immediate ly went to t he location of where my son was being deta ined and began to v i deo record the conversat ion with provost. Provost told me t here wa s a robbery in the area and that my son fit the description, which is a complete lie. I told him to release my son, and he did, as he was unabl e to continue to i llegally detain him.
3rd incident-as mentioned above.

Thi s department has p roven to be a d anger to my son and our community. I have met other parents who unfortunately are victims to similar situations where their children are racially p ro filed and harassed by Hollister PD. Systemic Racism.

My son and I lived in Hollister from 2017-2020. Then returned from the Bay Area In 2023. I thought it was safe for my son to go to sc ho ol, or walk hom e here. I don't fear the civilians, gang m embers, or even the homeless population of Hollister that are roaming the street s h arming my son, however, I fear t hat the monsters that we ca ll Holl is ter police officers will. I demand that this behavlor by this department's officers is corrected. Hollister 2

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PD ha s created a culture of f ear and hatred with its community, whe n instead officer s should be uplifting and supporting the majority, Hispanic youth in our community.

Civil Lawsuits pending: Hollister PD, individual officers involved, Hollister High School, City of Hollister. 3

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Airport-2025-01

AGENDA ITEM: A RESOLUTION APPROVING FISCAL YEAR 2024/2025

APPROPRIATIONS FOR COMPLETION OF THE FISCAL ACTIVITY FOR THE RUNWAY 6 SAFETY IMPROVEMENTS AIRPORT IMPROVEMENT PROJECT

DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director
STAFF CONTACT: Jeff Crechriou, Airport Director

RECOMMENDED ACTION: Adopt a resolution approving Fiscal Year 2024/2025 appropriations for completion of the fiscal activity for the Runway 6 Safety Improvements Airport Improvement Project.

DISCUSSION: At the special meeting of June 26, 2023, the City Council adopted Resolution No. 2023-140, authorizing the Interim City Manager to accept FAA Grant Funding for the Hollister Municipal Airport Runway 6 Safety Improvements Project.

In July of 2023, the Airport/City received a Federal Aviation Administration (FA A) Grant, no. 3-06-0105-027-2023, for the Runway 6 Safety Improvements Airport Improvement Project. Runway 6 is the crosswind/east to west aligned runway. The project removed the unsafe Runway 6 and Taxiway C pavement, constructed and striped a new section of pavement connecting Taxiway C to the Runway 6 threshold, constructed drainage improvements, included electrical improvements and installed new LED Runway Edge Lights and installed several Taxiway C LED Edge Lights in the area of new construction.

The project construction was completed in May of 2024, and it was anticipated that the project fiscal activity would be completed in Fiscal Year (FY) 2023/2024, however, this did not happen.

This proposed Budget Adjustment Request has been reviewed and coordinated with the City Finance Department and establishes the FY 2024/2025 Budget for completion of the fiscal activity for the project and identifies the necessary appropriations in the Airport Enterprise Fund 601 and the Federal Aviation Administration Grant Fund 212.

FISCAL IMPACT: The Runways 6 Safety Improvements Airport Improvement Project total cost is $3,805,000. The funding for this project is 90% FAA Grant, 5% State/Caltrans Match Grant (5% of FAA/Federal Amount) and the remaining amount, approximately 5% Airport/City.

The proposed Budget Adjustment Request identifies the necessary FY 2024/2025 appropriations for completion of the project fiscal activity (revenue s and expenditures) in the Airport Enterprise Fund 601 and the Federal Aviation Administration Grant Fund 212.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the special meeting of June 26, 2023, the City Council adopted Resolution No. 2023-140, authorizing the Interim City

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Manager to accept FAA Grant Funding for the Hollister Municipal Airport Runway 6 Safety Improvements Project.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Runway 6 Safety Improvements Project FY 2024/2025 Budget Adjustment Request Form

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Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING FISCAL YEAR 2024/2025 APPROPRIATIONS FOR THE
COMPLETION OF THE FISCAL ACTIVITY FOR THE RUNWAY 6

SAFETY IMPROVEMENTS AIRPORT IMPROVEMENT PROJECT

WHEREAS, at the special meeting of June 26, 2023, the City Council adopted Resolution No. 2023-140, authorizing the Interim City Manager to accept FAA Grant Funding for the Hollister Municipal Airport Runway 6 Safety Improvements Project.

WHEREAS, in July of 2023, the Airport/City received a Federal Aviation Administration (FAA) Grant, no. 3-06-0105-027-2023, for the Runway 6 Safety Improvements Airport Improvement Project; and

WHEREAS, the project construction was completed in May of 2024, and it was anticipated that the project fiscal activity would be completed in Fiscal Year (FY) 2023/2024, however, this did not happen; and

WHEREAS, Runway 6 is the crosswind/east to west aligned runway. The project removed the unsafe Runway 6 and Taxiway C pavement, constructed and striped a new section of pavement connecting Taxiway C to the Runway 6 threshold, constructed drainage improvements, included electrical improvements and installed new LED Runway Edge Lights and installed several Taxiway C LED Edge Lights in the area of new construction; and

WHEREAS, this Budget Adjustment Request establishes the FY 2024/2025 Budget for completion of the fiscal activity for the project and identifies the necessary appropriations in the Airport Enterprise Fund 601 and the Federal Aviation Administration Grant Fund 212. This Budget Adjustment Request has been reviewed by the City’s Finance Department; and

WHEREAS, the Runways 6 Safety Improvements Airport Improvement Project total estimated cost is $3,805,000. The funding for this project is 90% FAA Grant, 5% State/Caltrans Match Grant (5% of FAA/Federal Amount) and the remaining amount, approximately 5% Airport/City; and

WHEREAS, the Budget Adjustment Request identifies the necessary FY 2024/2025 appropriations for completion of the project fiscal activity (revenues and expenditures) in the Airport Enterprise Fund 601 and the Federal Aviation Administration Grant Fund 212; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve FY2024/2025 appropriations for completion of the fiscal activity for the Runway 6 Safety Improvements Airport Improvement Project.

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Page 2 of 2 ends

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, 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. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a reg ular meeting held on February 4, 2025, 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 February 4, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Docusign Envelope ID: 23B0C0EE-E622-431F-9024-4E932C8638DD 1/27/2025 | 4:41:04 PM PST
1/28/2025 | 9:32:10 AM PST

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # City Manager-2025-06

AGENDA ITEM: A RESOLUTION AUTHORIZING COUNCILMEMBER RESENDIZ TO USE UP TO $1,500 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY

FUNDS FOR FINANCIAL SUPPORT OF THE LATINO COALITION OF SAN BENITO COUNTY AND $450 OF CITY ADMINISTRATIVE COSTS, AND AUTHORIZING THE

CITY MA

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

RECOMMENDED ACTION: Adopt a resolution authorizing Councilmember Resendiz to use up to $1,500 of FY 24/25 City Council budgeted discretionary funds in support of the Latino Coalition of San Benito County and $450 of City administrative costs, and authorizing the city manager to execute the necessary agreements.

DISCUSSION: In June 2023, The City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Councilmember Resendiz requests City Council approval to use budgeted discretionary funds in the amount of $1,500 for the Latino Coalition of San Benito County. Items include informational constitutional cards and a toll-free information phone line. These tools provide members of the community resources, information, and answers to questions they may have concerning their rights as immigrants.

The discretionary funds represent financial support not to exceed $1,500 and $450 in City of Hollister administrative costs for staff time and resources.

The City Manager will negotiate and execute the necessary agreements . As with all discretionary fund contracts issued to non-profit organizations, staff will not execute the contract until the organization is in good standing with the State of California’s Registry of Charities and Fundraisers.

FISCAL IMPACT: Amount not to exceed $1,950
FY 24/25 – 101-1105-730008 – Discretionary Funds – District 2

PREVIOUS COUNCIL OR COMMISSION ACTION: No previous action taken.

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CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application - Signed

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Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING COUNCILMEMBER RESENDIZ THE USE OF CITY
COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE
AMOUNT NOT TO EXCEED $1,500 IN FINANCIAL SUPPORT OF THE LATINO COALITION OF SAN BENITO COUNTY AND $450 IN

ADMINISTRATIVE COSTS FOR STAFF TIME AND RESOURCES

WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and

WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and

WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council at a public City Council meeting; and

WHEREAS, Councilmember Resendiz requests City Council approval in financial support to the Latino Coalition of San Benito County for community informational resources, constitutional cards and a toll-free phone line – not to exceed $1,500 of FY 24/25 budgeted discretionary funds for financial support and $450 in administrative costs for staff time and resources.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Resendiz to use City Council budgeted discretionary funds of $1,500 for financial support of the Latino Coalition of San Benito County for informational resources to the community and authorize the City Manager to negotiate and execute the necessary agreements.

Not to exceed $1,950 - FY 24/25 – 101-1105-730008 - Discretionary Funds – District 2

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Page 2 of 2 ends

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, 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. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on February 4, 2025, 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 February 4, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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CITY COUNCIL DISCRETIONARY FUND REQUEST

Councilmember requesting: _________________________________________________________________ Funds will be used for: _____________________________________________________________________ Benefit to community: ______________________________________________________________________ Discretionary Funds requested: $___________________________________

ORGANIZATION NAME: _______________________________________________________________________________ CONTACT PERSON(S): ______________________________________ PHONE NUMBER: _________________________ ADDRESS: _________________________________________________________________________________________ CITY: _____________________________________ STATE: ____________ ZIP: _________________

I, _______________________________________, acknowledge that City Council Discretionary Funds and the goods or services purchased with them are public resources that may not be used for political activities or campaign-related purposes. ¹

__________________________________________ ______________________________ Council member signature Date

¹Government Code, § 54964; Vargas v. Salinas, (2009) 46 Cal.4th 1, 24-25; Stanson v. Mott, (1976) 17 Cal.3d 206, 209-210 ----------------------------------------------------------------------------------------------------------------------------------------------------------------- For office use only:

Request Approved by City Council: □ Yes □ No City Council approval date: ______________________

DIRECT COSTS
Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $ _____________ Subtotal (A): $ _______________

OVERHEAD
Staff ____City Manager Office______ Hrs. ________ Rate: ___$72_______ Total: $___________ Staff ____City Clerk’s Office___ ____ Hrs. ________ Rate: ___$94______ Total: $___________ Staff ____City Attorney____________ Hrs. ________ Rate: ___$250_____ Total: $___________ Staff ____ ________________________ Hrs. ________ Rate: ______________ Total: $___________ Subtotal (B): $ ______________

Subtotal (A & B): $______________
Administrative Cost - 10%: $______________

Grand Total: $_____________

City Council Meeting Date: __________________________ Resolution No.: ____________________________ Not to exceed: $____________________________________
G/L Account No: 101-1105-__________________________
Services Agreement: □ Yes □ No
City Vendor Number: _______________________________
City of Hollister Business License Number: ________________ Federal Tax ID (applicable to businesses paid more than $600) □ Yes □ No

Councilmember Resendiz
01/28/2025
1 1,500
1,500
2 144
.25 23.50
.25 62.50
230.00
1,730
173
1,903
Constitution Cards/Toll Free Phone Line
02/04/2025
730008
1,950
Toll Free Information Line and Constitutional Cards
Provide community resources and outreach
1,950
Latino Coalition of San Benito County
Rolan Resendiz
831-673-2009Mickie Luna
Hollister CA 95024
PO Box 504
Docusign Envelope ID: 72C636FB-97D4-48D6-AEEF-0739B8FFA8E3

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Parks & Recreation-2025-01

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDED GENERAL

SERVICES AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES FOR

PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the professional services agreement with BrightView Landscape Services for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

DISCUSSION: On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with BrightView Landscape Services, the lowest responsible bidder, focusing on Parks, Landscape, and Sound Wall Maintenance Services. Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, the staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific grouped areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B. Additionally, in response to guidance from our City attorneys, specific amendments have been integrated to enhance clarity and modify certain terms of the original agreement.

Amendments:

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

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City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

These actions are proposed to ensure the continued provision of landscaping services and maintenance under the terms of the agreement.

FISCAL IMPACT: Monthly expenditure of $4,454.00. Annual maintenance is $59,851.68. Funds budgeted from the following accounts:

Parks:
101-8050, 709-8050, 660-8050, 712-8050-CFD
Sound Wall Zones:
101-8050, 709-8050, 712-8050-CFD
City Buildings
101-8050
Ponds/Basins
101-5015, 709-5015, 712-5015-CFD

PREVIOUS COUNCIL OR COMMISSION ACTION: On January 31, 2022, the City Council adopted Resolution 2022-15, authorizing a professional service agreement with BrightView Landscape Services, focusing on Parks, Landscape, and Sound Wall Maintenance Services. This agreement was amended by Resolution No. 2024-10 to extend the agreement to February 28, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution Approving Amendment to Brightview Landscape Agreement

2. Second Amendment to Brightview Landscape Agreement

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3. Amended Exhibit B – Service Areas and Compensation Brightview

4. Brightview Agreement and 2024 Amendment

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Page 1 of 3 ends

RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE AMENDED GENERAL SERVICES AGREEMENT WITH

BRIGHTVIEW LANDSCAPE SERVICES FOR PARKS, LANDSCAPES, AND

SOUND WALL MAINTENANCE SERVICES

WHEREAS, on November 15, 2021, the City Council of the City of Hollister (“City”) authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement (“Agreement”); and

WHEREAS, on January 31, 2022, the City Council, through Resolution 2022-15, authorized a professional service agreement with Brightview Landscape Services, the lowest responsible bidder, focusing on parks, landscape, and sound wall maintenance services; and
WHEREAS, the Agreement expires on February 28, 2025; and

WHEREAS, City staff recommends amending said Agreement to extend the term one year and update the scope of services and payment of fees.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize implementation of the following changes to the Second Amendment of the Agreement as follows:

1. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

2. Section 3, “Term” – The term of the Agreement is extended to February 23, 2026.

3. Section 5, “Section 5, “Payment of Fees for Services” is replaced with the following language:

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Resolution No. 2025-XX
2 sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

4. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

5. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service and Areas Compensation,” which as updated, removes and adds previously listed Service Areas and sets forth that the City may add or remove Service Areas upon thirty (30) days’ written notice to Contractor with City Manager approval.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, 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. 2025-XX
3 I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on February 4, 2025 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 February 4, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

BRIGHTVIEW LANDSCAPE SERVICES

THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________ 2025, by and between the City of Hollister, California, a municipal corporation (“City”), and Brightview Landscape Services (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for landscaping services (“Agreement”) dated January 31, 2022; and

WHEREAS, the term of the First Agreement Amendment is February 29, 2024, through February 28, 2025; and

WHEREAS, City and Contractor desire to amend said Agreement to extend the term one year and update the scope of services and payment of fees.

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

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed fifty-nine thousand eight hundred fifty-one dollars and sixty- eight cents ($59,851.68) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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2 5.1 Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.

5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER

BY:

City Manager

APPROVED AS TO FORM:

BY:

Mary F. Lerner, City Attorney

BRIGHTVIEW LANDSCAPE SERVICES

BY:
(Signature)

(Typed Name)

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EXHIBIT B
Service Areas and Compensation

City shall pay Contractor for each Service Area listed below an amount comprised of the flat rates set forth herein. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor.

Soundwalls-Monthly Maintenance
4 Buena Vista $ 135.00
13 San Benito Street $ 55.00
18 Sunset Dr/Southside Rd $ 990.00
25 Royal Court-Nash Rd $ 45.00
28 Roberts Ranch $ 1,240.00
Total $ 2,465.00

Fire Abatement (Two treatments: late spring, and before July 4th) Allendale open space/hill mowing $ 3,201.84
Annual Total $ 6,403.68

Parks-Weekly Maintenance
A.9 Las Brisas Park $ 577.00
A.12 Nora Drive Park $ 257.00
Total $ 834.00

Ponds/Basins-Monthly Maintenance
4 Rustic St Pond $ 472.50
11 Walnut Park Pond-Panorama $ 487.50
15 Hillcrest Pond $ 195.00
Total $ 1,155.00

Monthly Expenditure $ 4,454.00
Annual Expenditure $ 59,851.68

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A.10

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 22, 2024
DEPARTMENT: Recreation
DEPARTMENT HEAD: Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2024-10, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE AMENDED GENERAL

SERVICES AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES FOR

PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES
BRIEF DESCRIPTION: This resolution will accept the amended general service agreement with BrightView Landscape Services for parks, landscapes, basins, ponds, and sound wall maintenance services.

RECOMMENDATION: Adopt a resolution accepting the amended general services agreement with BrightView Landscape Services for parks, landscapes, basins, ponds, and sound wall maintenance services.

DEPARTMENT SUMMARY: On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with BrightView Landscape Services, focusing on Parks, Landscape, and Sound Wall Maintenance Services. Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, the staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific grouped areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B. Additionally, in response to guidance from our City attorneys, specific amendments have been integrated to enhance clarity and modify certain terms of the original agreement.

Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

3. Term. The term for performance of the Services shall be the duration of the Project ("Term'), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board.

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29, 2024, and shall end on February 28, 2025 ("Term'), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

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

Additional Terms:

A new term is introduced as part of this Amendment.

5. Payment of Fees for Services. The city agrees to pay the Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit C for any Additional Services satisfactorily performed. The contractor shall not increase these hourly rates over the course of this Agreement.

Total fees paid by City to Contractor for Services under the Agreement shall not exceed ninety-nine thousand, none hundred twenty-two Dollars ($99,922.00), which consists of a lump sum of seventy-four thousand nine hundred twenty-two Dollars ($74,922.00) for the performance of the Basic Services, and a not -to -exceed amount of twenty-five thousand Dollars ($25,000.00) for the performance of any Additional Services. The city agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from the Contractor based on a percentage of work completed, including any additional supporting documentation that the City reasonably requests. City agrees to pay Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractors shall not submit their invoices to the City more frequently than monthly.

City staff is making the following requests to the City Council of the City of Hollister:

Extend the professional services agreement, concluding on February 28, 2025.

Acknowledge and accept the bids that have been received for new landscaping services.

Award the amended agreement to the most qualified, responsive, and responsible bidder.

Authorize the Mayor of the City of Hollister to execute the contract with BrightView Landscape Services.

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These actions are proposed to ensure the continued provision of landscaping services and maintenance under the terms of the agreement.

FINANCIAL IMPACT: Monthly expenditure of $6,243.50. Annual maintenance is 74,922.00. Funds budgeted from the following accounts:

Parks:
101-8050, 709-8050, 660-8050, 712-8050-CFD
Sound Wall Zones:
101-8050, 709-8050, 712-8050-CFD
City Buildings
101-8050
Ponds/Basins
101-5015, 709-5015, 712-5015-CFD
CEQA: Not Required
ATTACHMENTS:

1. 2024-02-05 BrightView AMENDED general agreement

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

ACCEPT THE AMENDED GENERAL SERVICES AGREEMENT WITH BRIGHTVIEW

LANDSCAPE SERVICES FOR PARKS, LANDSCAPES, AND SOUND WALL

MAINTENANCE SERVICES
WHEREAS, on November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and WHEREAS, On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with BrightView Landscape Services, focusing on Parks, Landscape, and Sound Wall Maintenance Services; and
WHEREAS, the existing agreement, originally approved to expire on February 29, 2024, is now being recommended for an extension; and
WHEREAS, staff recommends the City Council of the City of Hollister amend the general maintenance agreement with BrightView Landscape Services with the following amendments; and
Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. The term for performance of the Services shall begin on February 29, 2024, and shall end on February 28, 2025 ("Term'), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if 1) Contractor materially breaches any of the terms of this Agreement, (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City's insurance premiums, (3) Contractor is adjudged a bankrupt, - Packet Pg. 259

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4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the notice.

Additional Terms:

A new term is introduced as part of this Amendment.

WHEREAS, staff recommends the City Council of the City of Hollister amend the general maintenance agreement with BrightView Landscape Services to include the following areas;
Compensation
City shall pay Contractor an amount comprised of the following:

PARK Monthly Cost
A.9 Las Brisas Park 577.00
A.12 Nora Drive Park 257.00
TOTAL 834.00
CITY FACILITIES Monthly Cost
City Hall-375 Fifth Street 257.00
TOTAL 257.00
Pond Retention Pond Monthly Cost
1 Airway Pond 202.50
4 Rustic St Pond 472.50
11 Walnut Park Pond-
Panorama 487.50
15 Hillcrest Pond 195.00
TOTAL 1,357.50
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ZONE SOUNDWALL ZONES Monthly Cost
4 Buena Vista 135.00
13 San Benito Street 55. 00
18 Sunset Dr/Southside Rd 990.00
25 Royal Court -Nash Rd 45.00
28 Roberts Ranch 1,240.00
Clean CA Project HWY 25 1,330.00
TOTAL 3,795.00
MONTHLY TOTAL $ 6,243.50
ANNUAL TOTAL $ 74,922.00
WHEREAS, services will begin on March 1, 2024, and expire on February 28, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accept the contract with N. Ramirez Landscaping and Construction of Hollister, CA, to include the monthly expenditure of $6,243.50 for an annual cost of $74,922.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
1110*1 1
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-10, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of February, 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 this City Council day of February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CITY OF HOLLISTER

GENERAL SERVICES AGREEMENT
This services agreement ("Agreement") is made and entered into effective February 25, 2023 (the Effective Date"), by and between the City of Hollister ("City") and BrightView Lanscape Services.

Contractor" and together with City, the "Parties").

1. Contractor Services. The contractor agrees to provide the following services to the City collectively, the "Basic Services"): Parks, Landscaping, Sound Wall, and Basin Maintenance Services project ("Project"), (as further described in ExhibitA to this Agreement). The contractor shall provide services related to the Project other than Basic Services (i.e., "Additional Services") if directed in writing by the City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). "Services" shall mean Basic and Additional Services. The contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services and the Project.

All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by BrightView Lanscape Services professionals specially qualified to provide the services required by the City.

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

3. Term. The term for performance of the Services shall be the duration of the Project ("Term"), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. The term for performance of the Services shall begin on February 24, 2023, and shall end on February 24, 2025 ("Term"), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

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City to potential liability or may cause an increase in City's insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit C for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed ninety-nine thousand, nine hundred twenty-two Dollars ($99,922.00), which consists of a lump sum of seventy-four thousand nine hundred twenty-two Dollars ($74,922.00) for performance of the Basic Services, and a not -to -exceed amount of twenty-five thousand Dollars ($25,000.00) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty 60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

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

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

7. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, Equipment") which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is Page - 2 - BrightView Landscape Services
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furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City's reasonable satisfaction.

8. Insurance. Without in any way limiting Contractor's liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than 2,000,000.00 each occurrence and $4,000,000.00 in the aggregate; (ii) commercial automobile liability insurance with limits not less than $2,000,000.00 each occurrence and $$4,000,000.00 in the aggregate; iii) worker's compensation insurance as required by Labor Code section 3200, et seq.; and (iv) professional liability insurance covering errors and omissions. Neither the Contractor nor any Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City.

All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties. A copy of the declarations page of Contractor's insurance policies shall be attached to this Agreement as proof of insurance.

9. Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor's performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City's business.

Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint ventures of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City's employees are normally entitled.

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

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

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other Page - 3 - BrightView Landscape Services
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individuals may provide services for the contractor on this project without first obtaining the written approval of the City Manager.

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

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

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval by the City Council, City shall give Contractor written notice to proceed with the Services.

Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.

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

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

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

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

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

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

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

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

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

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

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

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

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

28. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents ("Intellectual Property") not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and sub -consultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or consultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re -use of the Intellectual Property by the City in relation to other projects. Contractor represents and Page - 5 - BrightView Landscape Services
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warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.

29. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 30 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

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

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

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

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

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

36. Sanctions in Response to Russian Aggression. The City requires Contractor to comply with the Governor's March 4, 2022, Executive Order N-6-22 ("Order") relating to any existing sanctions imposed by the United States government and the State of California in response to Russia's actions in Ukraine, including additional requirements for contracts of $5 million or more. Failure to comply may result in the termination of the Contract.

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CITY OF HOLLISTER: CONTRACTOR:

BrightView Landscape Services
By: By: /t%y
Name: Name: Mike Ney
Title: Title: General Manager
Address for City Notices: Address for Contractor Notices:
825 Mabury Road
San Jose, CA 95133
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F, XHTRTT A
Scope of Services
The Scope of Services outlined in Exhibit A represents an outline of the services, which the City and Contractor agree upon.

Project Objectives: The city's primary objective for this Agreement is to obtain weekly maintenance services for park space, including sports courts, turf, shrubs, and groundcover with specialized maintenance of streetscapes, medians, and specially funded parks; maintain monthly maintenance of sound wall services and retain ponds; and obtain bi-weekly landscape services of City buildings. The level of maintenance will present attractive, safe, and desirable landscapes, sound walls, retention ponds, and parks at all times, as interpreted by the City.

1. Project Restrictions:
a. Timing. Timing is of the essence to ensure a well -maintained landscape. It is expected that the Contractor will make recommendations to performance timing for the betterment of the landscape health and aesthetics which the City must approve before implementation.
b. Separate Costs for Each Area. The areas to be maintained are located within the City of Hollister city limits, each with its own separate funding levels. Invoices must differentiate the name and costs for each area as scheduled in Exhibit B.

Section 1— Definitions

1. Area —The city's scope of services will include parks, five (5) softball fields, a skate park, dog park, and three (3) parks awaiting construction, sound wall maintenance and two (2) building facilities with the associated landscape.

2. City — City's authorized representative

3. Cobble — Permanent hardscape appearing as deliberately placed river rock or stone

4. Community Facility Districts — specially funded area referred to as "CFD"

5. Extra Services — Requested services beyond the current Scope of Services contained within the Agreement (separate from "New Area"). Cost to be determined based upon contracted labor rate plus materials

6. General Cleanup — Removal of debris, litter, refuse, trimmings, clippings, branches, cores, tools and equipment, or any obstruction not part of the designed landscape plan

7. Hardscape - Non -living landscape in the public right-of-way that provides aesthetic and functional benefits to the public such as pedestrian/bike paths, stamped concrete, and cobble

8. IPM — Integrated Pest Management techniques for weed and pest control. Includes the use of cultural techniques, biological controls and pesticides to manage/prevent infestations and reduce pesticide usage
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9. Median — The dividing area, either hardscaped (such as cobble or concrete) or landscaped, between opposing lanes of traffic and include turning lanes

10. Mow Strip — Grass area between curb and pedestrian/bike path

11. New Area — Existing area not included in Request for Bids, either by error or new development resulting in additional landscape and improvements added to the agreement (not renovations of existing area)

12. Pest Control — Includes the control of vertebrate pests, insects, diseases and fungi. IPM guidelines and practices are to be utilized

13. PSA — Professional Services Agreement

14. Planter Strip — Non -grass area between curb and pedestrian/bike path

15. Public Right -of -Way Area (RoW) - not considered private property which City owns and is accessible to the public for travel either by walking, bicycling, or driving

16. Shrubs/Groundcover — Area consisting of shrubs and/or other living groundcover, other than lawn or trees

17. Streetscape — Any combination of turf, trees, shrubs, and groundcover, along or within, a public right-of-way street

18. Safety Cleanup — Trimming of shrubs, groundcovers or trees that are obstructing path of travel; vehicular/pedestrian lines of vision to safety traffic signs and control signals; removal of hazards such as glass or other harmful debris within children's play areas and parks; keeping sidewalks free from slime/algae

19. Turf or Lawn — Irregular or regular -shaped grass area

20. Sound Wall maintenance- planting, irrigation, or other types of roadside development lying outside of the right-of-way area reserved for exclusive bike/pedestrian use.

Section 2 — Summary Description of Work
A. General Scope Summary
The work required to provide consistent landscape and parks landscape maintenance at City parks, buildings, softball fields, courts, planter strips, retention ponds and sound walls. The contractor will furnish all labor, appropriate equipment, materials, disposal, and supervision to perform landscape maintenance as described herein.

B. Maintenance Standard Summary This agreement intends to establish a level of maintenance that will present an attractive and desirable landscape appearance at all times. This will be accomplished by keeping plants, lawn, and other vegetation in a healthy, well -kept, safe state at all times.

The work required for this agreement consists of the right of ways, parks landscape, and sound wall maintenance. To accomplish City's objective, services will include, but are not limited to, the following:

1. Fertilizing and aerating

2. Trimming, pruning, and training of shrubs

3. Pest and disease control
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4. Mowing, edging, aerating,

5. Weed control including herbicide applications

6. Debris and litter removal include debris in the park, playground, city building, and sound wall areas. The landscaper will report hazardous items in the park, playground, city building, and sound wall areas.

7. Leaf pick-up maintenance

8. Climbing vine and groundcover maintenance

9. Ensure proper pedestrian and vehicle clearance

10. Keeping all gutters, curbs, turn lane noses, parking lots, and pedestrianibike paths adjacent to Agreement areas free of weeds, trash, leaves, and other debris

11. Removing fallen tree limbs, dead plant material, and any other debris from landscaped and sound wall areas

12. Providing weekly written reports from the Contractor's Landscape Supervisor describing the deficiencies of work not performed

13. Providing updates within two business days of notification on work orders assigned to the Contractor by the City.

14. In sound wall areas keep any wall structure or column free of debris, falling leaves, and vines to avoid the overgrowth on the walls.

C. Pest Control

1. Weed Control Plan- Develop an annual weed control plan that Contractor feels will produce a cost-effective approach that provides high -quality results for turf, shrubs and ground cover, annual flowers, bike/walking trails, open space edges/ post and cable/fence lines, and hardscape (cracks and crevices) including sidewalk, curb and gutter frontages. Control weeds with pre -emergent herbicides and selective systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed whipping.

2. Written Pest Control Recommendations - A written pest control recommendation from a licensed pest control advisor will be required for all pesticide applications. Contractor shall provide copies of all recommendations to City at least five working days prior to application.

Recommendation shall take into consideration drainage to water ways, drain inlets, and adjacency to schools. Recommendation shall evaluate pesticides used and application activities performed and identify pollution prevention and source control opportunities.

3. Prohibit application of pesticides, herbicides and fertilizers as required by the regulations DPR 11-004 Prevention of Surface Water Contamination by Pesticides enacted by the Department of Pesticide Regulation.

4. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration (NOAA).

5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.

6. Notice prior to application — Contractor shall provide written or e-mail notice 5days prior to any pesticide application. The notice shall include the pesticide to be used and proposed application schedule.

7. Do not spray weeds in playground areas. Weeds are to be removed manually.

8. Reoccurring unwanted plants are to be sprayed to kill plant roots or removed by digging up root system.

9. Trees in turf - maintain a minimum 3 foot radius weed free.

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10. Product Use Summery - Prior to the 15th of the month, Contractor shall provide to City a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used.

11. Posting — post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area. Remove facility spray notices when spraying is complete unless product label provides for different posting requirements.

12. Spray marker — routinely using spray marker dyes is discouraged.

13. Weed control can be done with chemicals or with mechanical means (e.g., hoeing or mowing), or other cultural practices. Contractor shall be vigorous responsibility for controlling weeds growing in cracks, or expansion joints, along fences/sound walls and areas contiguous to all active City landscape areas (including sidewalks, curbs, and gutters). This includes all landscaped medians that are attached or directly adjacent landscaped roadway areas.

14. Moluskacides should be iron phosphate based or other City approved control

15. Rodenticides applied for gopher control must be applied into underground burrow.

Rodenticides applied for ground squirrel control must be placed into secure bait stations. City must approve bait station design and location. Applicators applying restricted use rodenticides must hold appropriate licensing

16. Trails — keep trail shoulders free of weeds 24 inches from any trail hardscape edges. Post signs when spraying trails.

17. Pre -emergent shall not be used for spot spraying.

18. Minimal insect control is practiced and is to be handled on a case -by -case basis

19. Minimal disease control is practiced and handled on a case -by -case basis.

20. Rodent Control
a. All mounds, burrows, or other minor damage shall be discovered in a timely manner and repaired by Contractor. Rodent problems should be identified and reported to City in their early stages during weekly inspections before causing critical damage to areas. Lack of early discovery will be considered negligence on the part of Contractor. Depending on the scope of the problem, rodent control in the form of baiting or trapping will be recommended and scheduled work.
b. Gopher control
i. Contractor shall obtain a written pest control recommendation from a licensed Pest Control Advisor for baiting for gopher control. All bait shall be placed below ground in the burrow system. Any spilled bait shall be promptly picked up. Any dead gophers found on the surface shall be collected and properly disposed of. ii. Trapping may be used provided that Contractor remains on site while traps are in place. Dead gophers must be disposed of properly.
iii. Contractor shall comply with all other provisions of pesticide requirements. iv. Contractor shall promptly remove or disperse any soil mounds discovered on the turf.
c. Ground Squirrel control shall be handled case -by -case and coordinated with City representative. Three park facilities have above -normal ground squirrel activity because of surrounding pressure from adjacent agriculture, open space areas, and/or stream channels.

Section 3- Work Hours
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shall be done on the weekends, holidays, and before or after these specified hours, unless otherwise approved by the City's authorized representative. Any modification approval by City will be considered a temporary change to the schedule.

Section 4- Solicitation of Work / Outside Work
Contractor is prohibited from using any of its crew, including direct or line -level supervisory staff, assigned to perform work under the Agreement, to solicit or perform work for private parties outside of this Agreement during the hours, including lunch and break times, that they are scheduled to be executing any part of this Agreement. The contractor's equipment and/or vehicles assigned to executing any part of this Agreement may not be used for any residential or commercial work outside of this Agreement at any time within City limits during the hours of work scheduled under this Agreement, including lunch and other breaks.

Section 5- Preservation of Property and Utilities

1. General
Due care shall be exercised to avoid damage to existing roadway improvements or facilities, utility facilities, adjacent property, roadside trees, and shrubbery.

2. Provider Responsible to Replace Plant Material
The contractor shall replace at the same size and shape, at the Contractor's own expense, any lawn, groundcover, trees, shrubs, or other plant materials requiring replacement through negligent acts resulting from the Contractor's failure to provide maintenance following the provision herein. All plant materials replaced or provided by the Contractor shall be warranted by the Contractor to be of good quality, healthy, and disease -free for one year from the date of planting. The City will replace plant materials not replaced by the established date given by the City and the cost of labor and materials will be deducted from the Contractor's monthly payment.

All existing pipes, conduits, sewer drains, curbs, surveying monuments, valve boxes, irrigation parts, pedestrian/bike paths, and other structures and amenities shall be carefully protected from damage by the Contractor, and in case of damage, the damage shall be immediately reported to City who shall oversee the restoration at Contractor's expense.

3. Utilities
The contractor is required to take due precautionary measures to protect the existing improvements and any other utilities, irrigation system components, structures, or amenities found at the site. Contractor shall be responsible for protecting existing storm drain systems free from any landscape material and shall not deposit any landscape material into existing storm drain system. If Contractor deposits landscape material into existing storm drain system, the material will need to be removed by Contractor immediately. Should Contractor fail to remove the materials, City will perform the removal at Contractor's expense.

Section 6- Dust and Noise Control
At all times, Contractor shall comply with City's Dust Control and Noise Ordinances. (Sections Page - 12 - BrightView Landscape Services
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17.16.040 and 17.16.100 respectively in the Hollister Municipal Codes) Contractor shall be responsible for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in controlling and preventing the formation of an airborne dust nuisance by watering as required by City, to treat the site of the work in such a manner that it will confine dust particles to the immediate surface of the work.

Contractor shall make every reasonable effort to control noise generated as a result of this landscape maintenance to the satisfaction of City. Use of power equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m. unless otherwise authorized by City.

Section 7- Disposal of Material
Unless otherwise specified, all materials shall become property of Contractor and disposed of by Contractor at Contractor's expense. Contractor shall be responsible for disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. Contractor shall not allow any refuse to be disposed upon paved streets or into City's storm drain system.

Section 8- Meetings and Reports
A. Work Program

1. Contractor shall perform the work by the schedule and will immediately notify City if the scheduled work cannot be performed. The notification will include a new completion date (no more than seven business days) for the task, and no additional cost will be assessed to the City.

2. The contractor will attend monthly progress meetings and other meetings scheduled by the City. City reserves the right to change the frequency and location of meetings.

B. Form Submittals
Contractor will submit the following forms to City as specified below:

1. Work Schedule: A monthly work schedule calendar will be submitted to City by Contractor's Supervisor.

2. Notification of Problem or Repair: Notification shall be submitted to the City's authorized representative immediately after discovering a problem or needed repair via email or City work order system.

Section 9- Provisions for Extras
No extra work will be considered unless a separate estimate is given in writing for said work and the estimate is approved in writing by the Parks and Recreation Director or designee before the work is commenced. Verbal authorizations will not be permitted.

Section 10- Inspection and Corrective Work
The contractor shall perform the work described herein to the satisfaction of City. City may make inspections of the work at any time and request. Contractor make corrections to any work that does not meet the standards outlined in this Scope of Service.. If corrective work is required, City shall provide Contractor with a written list of items that need correcting, and Contractor shall make the necessary corrections within the time frame(s) established by City. If the corrections are not made, City shall deduct those applicable portions, pro-rata as determined by City, from Contractor's payment to be performed by its own forces and/or by a third party. Unless otherwise negotiated, billing Page - 13 - BrightView Landscape Services
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adjustments for incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed. Repeated failures to provide services at the standards stated in these specifications, or failure to respond to requests for corrective work, may result in the termination of the Agreement.

Section 11- Acceptability of Work Performed
All work must be reasonably acceptable to the City, or the Contractor shall re -perform it until it is acceptable, at no further cost to City. There shall be a weekly meeting at Pauline Valdivia Memorial Community Center-300 West Street, Hollister, CA or on -site with Contractor and a City representative, to certify the accomplishment of work. Any specific problem area which does not meet the conditions of the specifications set forth herein will be called to the attention of Contractor along with action required to satisfy the specifications.

Section 12- Workforce, Safety, Workmanship, Supervision, and Damages a. Contractor shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers (if applicable) who are skilled in the required work type are employed. Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.
b. Contractor shall take all necessary precautions for the safety of employees on the workforce to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. Contractor shall provide and properly maintain at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post appropriate signs warning against hazards created by such features of landscape maintenance. All work to be done by CMUTCD, Title 13, SB 198 and CAL/OSHA. c. Where landscape maintenance may create potential or known hazards on streets or roads and to persons traveling them, Contractor shall obtain at its own expense, and place whatever signs, lights, barricades, or other safety devices as necessary to prevent accidents, injuries, or damages, consistent with City and CMUTCD (Traffic Control Handbook). An annual traffic control plan for encroachment in the right-of-way, including an obstruction to pedestrian and bicycle traffic, for review and approval by City.
d. All operations will be conducted to provide maximum safety for the public, City staff, and Contractor.
e. Contractor's Supervisor will have control of all work crews assigned to perform work under this agreement.
f. Contractor's Supervisor or Project Manager is to be assigned to this project only and is to be available to City during working hours.
g. If Contractor damages any property belonging, including landscape, irrigation, equipment, trees, etc., to City, City may either retain from the money due to Contractor an amount sufficient to repair the damage or require Contractor to repair the damage to the satisfaction of City at Contractor's cost. h. Replacement of all plant materials, shrubs, ground cover, mulch, pebble, bark, and other materials or amenities due to Contractor's negligence shall be the responsibility of Contractor. It should be replaced within ten days of damage unless plant material is unavailable. Damage to irrigation system Page - 14 - BrightView Landscape Services
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components shall be immediately repaired with City approval of repairs. i. Any damage to plant material by rodents that have been neglected to be controlled by Contractor shall be replaced by Contractor, at the same size and shape, at no additional cost to City.
ii. Contractor cannot complete repair, work will be performed by City forces and deducted from the monthly payment for services. iii. Plants destroyed by vandalism or due to no fault of Contractor, shall be the responsibility of City. Contractor must notify City via work order system or email immediately.

Section 13- Personnel Qualifications and Conditions
A. Contractor Employees

1. Contractor shall employ sufficient, properly trained personnel, to perform all of the work outlined in this agreement.

2. Contractor's employees assigned to this contract shall be well groomed and dressed in a uniform that clearly identifies the employee's name and company. Contractor shall provide sufficient supervisory personnel that can represent Contractor at all times.

3. Contractor's equipment shall also be easily identified as such and in good working manner.

B. Staffing Requirements

1. Contractor shall provide, at all times, adequate and expert managerial and administrative supervision for its employees in the service area. Contractor agrees that all persons working for or on behalf of Contractor whose duties bring them upon the premises shall obey the rules and regulations that are established by City and shall comply with the reasonable directions of its officers.

2. Contractor shall have a minimum of one supervisor/foreman assigned to the City with a designated back up. City must be notified within 24 hours of any change in supervision.

Notification must include who the new supervisor/foreman is and provide contact information, even if on temporary basis (ie. vacation or sick days).

Section 14- Cleaning
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A. Contractor shall perform general and safety cleanup at all times.

B. Upon completion of any work, and before leaving site for remainder of the day, Contractor shall remove remaining excess materials, waste, rubbish, debris, and any construction and installation equipment from the premises.

C. Any dirt or stains caused by the work shall be properly removed.

D. No debris shall be forced to the street or catch basins/drainage inlets by blowing equipment or by any other means.

E. Contractor will clean pedestrianibike paths, roadways, and any other areas littered or soiled by its maintenance operations and/or equipment.

F. All equipment should be cleaned on a regular basis
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Section 15- Workmanship
A. Contractor is required to furnish all equipment, supplies, and materials to accomplish required maintenance to meet City objectives. City may determine that additional maintenance is required to meet the standards set forth in the agreement and will issue directives for additional action.

B. Work shall be performed by a skilled landscape worker and supervised by a competent supervisor with experience and technically trained in landscape maintenance work in accordance to industry standards.

C. Irrigation.

1. Complete irrigation system assessment to ensure the irrigation system is operated to match the conditions present.

2. Contractor is responsible for irrigation scheduling and programming. Contractor will provide a schedule of irrigation that is conducive to the maintenance schedule proposed.

3. Once awarded, Contractor will evaluate the irrigation system uniformity and make recommendations. If repairs to irrigation is required Contractor will provide a quote. After necessary repairs are made the Contractor is responsible for the replacement of sprinklers in the irrigation system.

4. Contractor will report to City any malfunction, poor system performance, or damage of the irrigation systems in any City maintenance area immediately including damage done by Contractor.

D. Replace any broken tree stakes and repair any loose tree ties as needed.

E. Any maintenance vehicles regularly used by Contractor, or those persons representing Contractor's company, shall be in proper working order and in a good state of repair.

Vehicles shall clearly present Contractor's company sign on both front doors which include the company name and telephone number of the local office. Vehicles will also be equipped with traffic warning beacon lights per Title 13, Article 21, and CMUTCD.

Vehicles shall be kept reasonably clean and professional in appearance.

Section 16- Locks and Keys
Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. Contractor shall properly use and keep safe all keys or locks issued or used by City to Contractor.

Contractor shall report all lost or stolen keys or locks to City representative(s) within twenty-four (24) hours after discovery of the loss. Contractor shall reimburse City for the total cost, as determined by City, of replacing the lock, re -keying the site or duplicating additional keys.

Upon termination or cancellation of Contract, Contractor shall immediately return all keys, cards etc., to City. Contractor shall reimburse City for the total cost, as determined by City, for the total cost of keys not returned.

Section 17- Deficiency Notice Procedures
a. Deficiencies will be recorded and
Contractor shall respond within 24
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presented to Contractor via e-mail or U.S. Mail.
hours with a plan to remedy and to prevent future
occurrence. Contractor will be responsible for providing follow up documentation.

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Contractor supervision is responsible for re -inspection of problem areas before notifying City the problem has been resolved.
b. Contractor's management team must be available for face-to-face meetings called by City within 48 hours of notification.
c. Failure to resolve the problem will result in a outlining a permanent resolution to the problem. Patterns of complaints, which may indicate Contractor's failure to adequately staff, train and supervise, shall cause a face-to-face meeting with the highest level of Contractor's management deemed necessary by City in order to clarify Contractor's obligations and produce a written work plan and time frame for remedying the deficiencies.
d. Repeated deficiencies will result in one or all of the following:
i. Payment deductions to Contractor for services not performed per contract where City had a substitute service.
ii. Termination of selected contracted service area/s because of Contractor's continued failure to perform in the designated areas.
iii. Contract termination for failure to perform.

Right of Severance and Termination

1. Remove worker: City shall have the right to request the removal of any specific Contractor worker from City contract properties for the following:
a. City reserves the right to request removal of any specific Contractor worker if City deems the worker incompetent or negligent based on the worker's inability to execute required project tasks.
b. For failure to adhere to City's standards
c. For worker misconduct.

2. Terminate contract: The City reserves the right to terminate this contract with the Contractor upon 10 days advance written notice should the Contractor fail to meet contract obligations. Such failures include, but are not limited to:
a. Consistent failure to respond to requests for service or to remedy contract deficiencies,
b. Consistent failure to provide qualified, trained workers and supervisors, c. Contractor failure to keep City informed.

3. Backcharge Contractor for work not performed where City staff had fill in.

Section 18-Additional Work
A. Additional work will not be performed without prior approval by City unless a condition exists wherein it appears there is an immediate safety concern, danger of injury to Consultant(s), City staff, public, or damage to property. When additional work is requested Contractor will provide a quote for services.

B. Cost to be determined based upon contracted labor rate plus materials. Material are not exceed 10% of actual cost
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EXHIBIT B
Compensation
City shall pay Contractor an amount comprised of the following:
1 :7_1:1:/ Monthly Cost
A.9 Las Brisas Park 577.00
A.12 Nora Drive Park 257.00
TOTAL 834.00
CITY FACILITIES Monthly Cost
City Hall-375 Fifth Street 257.00
TOTAL 257.00
Pond Retention Pond Monthly Cost
1 Airway Pond 202.50
4 Rustic St Pond 472.50
11 Walnut Park Pond-
Panorama 487.50
15 Hillcrest Pond 195.00
TOTAL 1,357.50
ZONE SOUNDWALL ZONES Monthly Cost
4 Buena Vista 135.00
13 San Benito Street 55. 00
18 Sunset Dr/Southside Rd 990.00
25 Royal Court -Nash Rd 45.00
28 Roberts Ranch 1,240.00
Clean CA Project HWY 25 1,330.00
TOTAL 3,795.00
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MONTHLY TOTAL $
ANNUAL TOTAL $
6,243.50
74,922.00
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EXHIBIT C

PROJECT STAFF

NAME TITLE HOURLY RATE
Richard L. Caperon Irrigation Technician Level-1 $90.00 Maurilio Guerra Crew Leader $75.00
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General Services Agreement
SR7662611
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Parks & Recreation-2025-03

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH SMITH & ENRIGHT LANDSCAPING INC. FOR PARKS,

LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the professional services agreement with Smith & Enright Landscaping Inc., for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

DISCUSSION: On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with Smith & Enright Landscaping Inc., the lowest responsible bidder, focusing on Parks, Landscape, and Sound Wall Maintenance Services. Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, the staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific grouped areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B. Additionally, specific amendments have been integrated to enhance clarity and modify certain terms of the original agreement.

Amendments:

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed three hundred nine thousand four hundred forty-four dollars ($309,444.00) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor.

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Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

These actions are proposed to ensure the continued provision of landscaping services and maintenance under the terms of the agreement.

FISCAL IMPACT: Monthly expenditure of $25,787.00. Annual maintenance is $309,444.00. Funds budgeted from the following accounts:

PREVIOUS COUNCIL OR COMMISSION ACTION: On January 31, 2022, the City Council adopted Resolution 2022-15, authorizing a professional service agreement with Smith & Enright Landscaping Inc., focusing on Parks, Landscape, and Sound Wall Maintenance Services. This agreement was amended by Resolution No. 2024-08 to extend the agreement to February 28, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution Approving Amendment to Smith & Enright Landscape Agreement

2. Second Amendment to Smith & Enright Landscaping Agreement

3. Amended Exhibit B – Service Areas and Compensation Smith & Enright

4. Smith & Enright Agreement and 2024 Amendment

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RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE AMENDED GENERAL SERVICES AGREEMENT WITH SMITH & ENRIGHT LANDSCAPING FOR PARKS, LANDSCAPES, AND SOUND WALL

MAINTENANCE SERVICES

WHEREAS, on January 31, 2022, the City Council, through Resolution 2022-15, authorized a professional service agreement with Smith and Enright Landscaping, Inc., the lowest responsible bidder, focusing on parks, landscape, and sound wall maintenance services; and
WHEREAS, the Agreement expires on February 28, 2025; and

WHEREAS, City staff recommends amending said Agreement to extend the term one year and update the scope of services and payment of fees.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize the implementation of the following changes to the Second Amendment of the Agreement as follows:

1. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

2. Section 3, “Term” – The term of the Agreement is extended to February 23, 2026.

3. Section 5, “Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed three hundred twenty-one thousand eighty- four dollars ($321,084.00) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a

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Resolution No. 2025-XX

2 detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

4. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, 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. 2025-XX

3 I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX, is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on February 4, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February 4, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SMITH AND ENRIGHT LANDSCAPING, INC.

WHEREAS, City and Contractor have previously entered into an Agreement for landscaping services (“Agreement”) dated January 31, 2022; and

WHEREAS, the term of the First Agreement Amendment is February 29, 2024, through February 28, 2025; and

WHEREAS, City and Contractor desire to amend said Agreement to extend the term one year and update the scope of services and payment of fees.

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

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed three hundred twenty-one thousand eighty-four dollars ($321,084.00) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty- five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

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2 5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER

BY:

City Manager

APPROVED AS TO FORM:

BY:

Mary F. Lerner, City Attorney

SMITH AND ENRIGHT LANDSCAPING,
INC.

BY:
(Signature)

(Typed Name)

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EXHIBIT B
Service Areas and Compensation

Soundwalls-Monthly Maintenance
C.1 Airline $ 1,567.00
C.2 Airline & Sunset Dr $ 502.00
C.3 Allendale Community $ 4,160.00
C.6 Heartland Dr $ 109.00
C.7 San Benito St/Heartland $ 109.00
C.8 Hillcrest Rd $ 362.00
C.9 Ladd Ranch $ 259.00
C.10 Ladd/Southside $ 797.00
C.11 Meridian St $ 362.00
C.12 Rustic St $ 72.00
C.14 Santa Ana Rd $ 109.00
C.15 Santa Ana Villages $ 36.00
C.15 Santa Ana Village Addition $ 36.00
C.16 Sunnyslope Rd $ 507.00
C.17 Sunnyslope Village $ 1,558.00
C.19 Cesar Chavez extra area $ 357.00
C.20 Westside & Buena Vista $ 72.00
C. 22 W. of Fairview & Union Rd $ 1,594.00
C. 27 Cerrato $ 1,071.00
C. 28 Slate Ave $ 83.00
C. 29 Keiper-Westfield $ 248.00
C. 30 Chappell Rd $ 124.00
C. 31 Amanda Lane $ 375.00
C. 32 N. Gonzalez Dr $ 245.00
C. 33 Mimosa, Cesar Chavez to Brighton $ 355.00 C. 34 Roberts Ranch/Enterprise $ 370.00
Total $ 15,439.00

Parks-Weekly Maintenance
A.2 Apricot $ 1,087.00
A.4 Frank Klauer Memorial $ 1,749.00
A.6 Veteran's Memorial - 2 softball fields $ 797.00
A.10 McCarthy St Park $ 906.00
A.11 Mirabella Orchard Park (Hacienda Ln) $ 181.00

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A.13 Santa Ana Park $ 1,770.00
156A.17 Water Reclamation/Brigantino $ 1,810.00
A.18 Mirabella II Westfield Park $ 1,087.00
A.19 Solorio 1 $ 290.00
A.20 Solorio II $ 217.00
A.21 River Trail Park $ 254.00
Total $ 10,148.00

Ponds/Basins-Monthly Maintenance
7 Homestead/Saddlebrook-Cienega $ 569.00
9 Mirabella Pond $ 321.00
16 El Cerro Additional Basin & Streetscape $ 280.00
Total $ 1,170.00

Monthly Expenditure $ 26,757
Annual Expenditure $ 321,084.00

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 23, 2024
DEPARTMENT: Recreation
DEPARTMENT HEAD: Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2024-8, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE AMENDED GENERAL

SERVICES AGREEMENT WITH SMITH & ENRIGHT LANDSCAPING FOR PARKS,

LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES
BRIEF DESCRIPTION: This Resolution will accept the amended general service agreement with Smith and Enright Landscaping, Inc. for parks, landscapes, basins, ponds, and sound wall maintenance services.

RECOMMENDATION: Adopt a resolution accepting the amended general services agreement with Smith and Enright Landscaping, Inc. for parks, landscapes, basins, ponds, and sound wall maintenance services.

DEPARTMENT SUMMARY: On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with Smith & Enright Landscaping, focusing on Parks, Landscape, and Sound Wall Maintenance Services. Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, the staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific grouped areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B. Additionally, in response to guidance from our City attorneys, specific amendments have been integrated to enhance clarity and modify certain terms of the original agreement.

Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

3. Term. The term for performance of the Services shall be the duration of the Project ("Term'), except as otherwise stated in Section 4 below, and the Contractor shall complete the Services within the Term. There shall be no term extension without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination.

The term for performance of the Services shall begin on February 29, 2024, and shall Packet Pg. 202

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A.8
end on February 28, 2025 ("Term'), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

Additional Terms:

A new term is introduced as part of this Amendment.

5. Payment of Fees for Services. The city agrees to pay the Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. The contractor shall not increase these hourly rates over the course of this Agreement.

Total fees paid by the City to Contractor for Services under the Agreement shall not exceed three hundred seventy thousand, twelve Dollars ($370,012.00), which consists of a lump sum of three hundred forty-five and twelve Dollars ($345,012.00) for the performance of the Basic Services, and a not -to -exceed amount of twenty-five thousand Dollars ($25,000.00) for the performance of any Additional Services. The city agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from the Contractor based on a percentage of work completed, including any additional supporting documentation that the City reasonably requests. City agrees to pay Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. The contractor shall not submit its invoices to the City more frequently than monthly.

City staff is making the following requests to the City Council of the City of Hollister:

Extend the professional services agreement, concluding on February 28, 2025.

Acknowledge and accept the bids that have been received for new landscaping services.

Award the amended agreement to the most qualified, responsive, and responsible bidder.

Authorize the Mayor of the City of Hollister to execute the contract with Smith & Enright Landscaping.

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These actions are proposed to ensure the continued provision of landscaping services and maintenance under the terms of the agreement.

FINANCIAL IMPACT: Monthly expenditure of $28,751.00. Annual expenditure of 345,012.00. Funds budgeted from the following accounts:

1. DocuSign_2024-02-05_Smith_and_ (1)

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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A.8
RESOLUTION NO. 2024-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING THE AMENDED GENERAL SERVICES AGREEMENT WITH SMITH &

ENRIGHT LANDSCAPING FOR PARKS, LANDSCAPES, AND SOUND WALL

MAINTENANCE SERVICES
WHEREAS, on November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and WHEREAS, On January 31, 2022, the City Council of the City of Hollister, through Resolution 2022-15, authorized a professional service agreement with Smith and Enright Landscaping, Inc. focusing on Parks, Landscape, and Sound Wall Maintenance Services; and
WHEREAS, the existing agreement, originally approved to expire on February 29, 2024, is now being recommended for an extension; and
WHEREAS, staff recommends the City Council of the City of Hollister amend the general maintenance agreement with Smith and Enright Landscaping, Inc. with the following amendments; and
Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if 1) Contractor materially breaches any of the terms of this Agreement, (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City's insurance premiums, (3) Contractor is adjudged a bankrupt, - Packet Pg. 205

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4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the notice.

Additional Terms:

A new term is introduced as part of this Amendment.

5. Payment of Fees for Services. The city agrees to pay the Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. The contractor shall not increase these hourly rates over the course of this Agreement.

Soundwalls-Monthlv Maintenance
C.1 Airline 1,567.00
C.2 Airline & Sunset Dr 502.00
C.3 Allendale Community 4,160.00
C.6 Heartland Dr 109.00
C.7 San Benito St/Heartland 109.00
C.8 Hillcrest Rd 362.00
C.9 Ladd Ranch 259.00
C.10 Ladd/Southside 797.00
C.11 Meridian St 362.00
C.12 Rustic St 72.00
C.14 Santa Ana Rd 109.00
C.15 Santa Ana Villages 36.00
c.15 Santa Ana Village Addition 36.00
C.16 Sunnyslope Rd 507.00
C.17 Sunnyslope Village 1,558.00
C.19 Cesar Chavez extra area 357.00
C.20 Westside & Buena Vista 72.00
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C.22 W. of Fairview & Union Rd 1,594. 00
C.27 Cerrato 1,071.00
C.28 Slate Ave 83.00
C.29 Keiper-Westfield 248.00
C.30 Chappell Rd 124.00
Total 14,094.00
Parks -Weekly Maintenance
A.2 Apricot 1,087. 00
A.4 Frank Klauer Memorial 1,749.00
A.5 Hollister Skate park 181.00
A.6 Veteran's Memorial - 2 softball fields 797.00
A.7 Jerry Gabe Memorial 507.00
A.8 John Z Hernandez 235.00
A.10 McCarthy St Park 906.00
A.11 Mirabella Orchard Park (Hacienda Ln) 181.00
A.13 Santa Ana Park 1,770.00
A.14 Tony Aguirre Memorial Park 616.00
A.16 Vista Park Hill w 1 softball field 1,087.00
A.17 Water Reclamation/Brigantino 1,810. 00
A.18 Mirabella II Westfield Park 1,087.00
A.19 Solorio 1 290.00
A.20 Solorio II 217.00
A.21 River Trail Park 254.00
Total 12,774.00
Facilities-BiWeekly Maintenance
B.2 I Hollister Communitv Center S 434.00
Ponds/Basins-Monthly Maintenance
2 Bridgevale Rd/ Central Ave 279.00
7 Homestead/Saddlebrook-Cienega 569.00
9 Mirabella Pond 321.00
16 El Cerro Additional Basin & Streetscape 280.00
Total 1,449.00
Monthly Expenditure 28,751.00
Annual Expenditure 345,012.00
WHEREAS, services will begin on March 1, 2024, and expire on February 28, 2025.

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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accept the contract with Smith and Enright Landscaping, Inc. from Salinas CA, to include the monthly expenditure of $28,751.00 for an annual cost of $345,012.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-8, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of February, 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 this City Council day of February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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DocuSign Envelope ID: 274DB179-3CB6- 4A7D-B871-25DF7FFF38D7 A.8.a

CITY OF HOLLISTER

All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by Smith and Enright Landscaping, Inc. professionals specially qualified to provide the services required by the City.

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DocuSign Envelope ID: 274DB179-3CB6- 4A7D-B871-25DF7FFF38D7 A.8.a
City to potential liability or may cause an increase in City's insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit C for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed three hundred seventy thousand, twelve Dollars ($370,012.00), which consists of a lump sum of three hundred fifty-one thousand, four hundred sixty-eight Dollars ($345,012.00) for performance of the Basic Services, and a not -to -exceed amount of twenty-five thousand Dollars ($25,000.00) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractors shall not submit its invoices to City more frequently than monthly.

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

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

General Services Agreement
SR766261}
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furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City's reasonable satisfaction.

General Services Agreement
SR766261}
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individuals may provide services for the contractor on this project without first obtaining the written approval of the City Manager.

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval by the City Council, City shall give Contractor written notice to proceed with the Services.

Page - 4 - Smith and Enright Landscaping, Inc.

General Services Agreement
SR7662611
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24. Time. Time is of the essence for performance of the Services under this Agreement.

General Services Agreement
SR766261}
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warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.

Page - 6 - Smith and Enright Landscaping, Inc.

General Services Agreement
SR766261}
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DocuSign Envelope ID: 274DB179-3CB6-4A7D-B871-25DF7FFF38D7 A.8.a
CITY OF HOLLISTER: CONTRACTOR:

DocuSigned by:

By: ByS
A R(.MtA, 1/22/2024 Name:

Name: rin Title:

Title: General Manager email:
[email protected] Address
for City Notices: Address for Contractor Notices: 540
work st Suite c Salinas, CA 93901 Page -
7 - Smith and Enright Landscaping, Inc. General
Services Agreement ISR7662611
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Pg. 216

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F, XHTRTT A
Scope of Services
The Scope of Services outlined in Exhibit A represents an outline of the services, which the City and Contractor agree upon.

Section 1— Definitions

2. City — City's authorized representative

3. Cobble — Permanent hardscape appearing as deliberately placed river rock or stone

4. Community Facility Districts — specially funded area referred to as "CFD"

6. General Cleanup — Removal of debris, litter, refuse, trimmings, clippings, branches, cores, tools and equipment, or any obstruction not part of the designed landscape plan

7. Hardscape - Non -living landscape in the public right-of-way that provides aesthetic and functional benefits to the public such as pedestrian/bike paths, stamped concrete, and cobble

General Services Agreement
SR766261}
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9. Median — The dividing area, either hardscaped (such as cobble or concrete) or landscaped, between opposing lanes of traffic and include turning lanes

10. Mow Strip — Grass area between curb and pedestrian/bike path

12. Pest Control — Includes the control of vertebrate pests, insects, diseases and fungi. IPM guidelines and practices are to be utilized

13. PSA — Professional Services Agreement

14. Planter Strip — Non -grass area between curb and pedestrian/bike path

15. Public Right -of -Way Area (RoW) - not considered private property which City owns and is accessible to the public for travel either by walking, bicycling, or driving

16. Shrubs/Groundcover — Area consisting of shrubs and/or other living groundcover, other than lawn or trees

17. Streetscape — Any combination of turf, trees, shrubs, and groundcover, along or within, a public right-of-way street

19. Turf or Lawn — Irregular or regular -shaped grass area

20. Sound Wall maintenance- planting, irrigation, or other types of roadside development lying outside of the right-of-way area reserved for exclusive bike/pedestrian use.

1. Fertilizing and aerating

2. Trimming, pruning, and training of shrubs

3. Pest and disease control
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4. Mowing, edging, aerating,

5. Weed control including herbicide applications

7. Leaf pick-up maintenance

8. Climbing vine and groundcover maintenance

9. Ensure proper pedestrian and vehicle clearance

10. Keeping all gutters, curbs, turn lane noses, parking lots, and pedestrianibike paths adjacent to Agreement areas free of weeds, trash, leaves, and other debris

11. Removing fallen tree limbs, dead plant material, and any other debris from landscaped and sound wall areas

12. Providing weekly written reports from the Contractor's Landscape Supervisor describing the deficiencies of work not performed

13. Providing updates within two business days of notification on work orders assigned to the Contractor by the City.

14. In sound wall areas keep any wall structure or column free of debris, falling leaves, and vines to avoid the overgrowth on the walls.

C. Pest Control

4. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration (NOAA).

5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.

7. Do not spray weeds in playground areas. Weeds are to be removed manually.

8. Reoccurring unwanted plants are to be sprayed to kill plant roots or removed by digging up root system.

9. Trees in turf - maintain a minimum 3 foot radius weed free.

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12. Spray marker — routinely using spray marker dyes is discouraged.

14. Moluskacides should be iron phosphate based or other City approved control

15. Rodenticides applied for gopher control must be applied into underground burrow.

16. Trails — keep trail shoulders free of weeds 24 inches from any trail hardscape edges. Post signs when spraying trails.

17. Pre -emergent shall not be used for spot spraying.

18. Minimal insect control is practiced and is to be handled on a case -by -case basis

19. Minimal disease control is practiced and handled on a case -by -case basis.

Section 3- Work Hours
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shall be done on the weekends, holidays, and before or after these specified hours, unless otherwise approved by the City's authorized representative. Any modification approval by City will be considered a temporary change to the schedule.

Section 5- Preservation of Property and Utilities

1. General
Due care shall be exercised to avoid damage to existing roadway improvements or facilities, utility facilities, adjacent property, roadside trees, and shrubbery.

Section 6- Dust and Noise Control
At all times, Contractor shall comply with City's Dust Control and Noise Ordinances. (Sections Page - 12 - Smith and Enright Landscaping, Inc.

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Section 8- Meetings and Reports
A. Work Program

2. The contractor will attend monthly progress meetings and other meetings scheduled by the City. City reserves the right to change the frequency and location of meetings.

B. Form Submittals
Contractor will submit the following forms to City as specified below:

1. Work Schedule: A monthly work schedule calendar will be submitted to City by Contractor's Supervisor.

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adjustments for incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed. Repeated failures to provide services at the standards stated in these specifications, or failure to respond to requests for corrective work, may result in the termination of the Agreement.

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components shall be immediately repaired with City approval of repairs. i. Any damage to plant material by rodents that have been neglected to be controlled by Contractor shall be replaced by Contractor, at the same size and shape, at no additional cost to City.
ii. Contractor cannot complete repair, work will be performed by City forces and deducted from the monthly payment for services. iii. Plants destroyed by vandalism or due to no fault of Contractor, shall be the responsibility of City. Contractor must notify City via work order system or email immediately.

Section 13- Personnel Qualifications and Conditions
A. Contractor Employees

1. Contractor shall employ sufficient, properly trained personnel, to perform all of the work outlined in this agreement.

3. Contractor's equipment shall also be easily identified as such and in good working manner.

B. Staffing Requirements

2. Contractor shall have a minimum of one supervisor/foreman assigned to the City with a designated back up. City must be notified within 24 hours of any change in supervision.

Notification must include who the new supervisor/foreman is and provide contact information, even if on temporary basis (ie. vacation or sick days).

Section 14- Cleaning
Page - 15 -
A. Contractor shall perform general and safety cleanup at all times.

C. Any dirt or stains caused by the work shall be properly removed.

D. No debris shall be forced to the street or catch basins/drainage inlets by blowing equipment or by any other means.

E. Contractor will clean pedestrianibike paths, roadways, and any other areas littered or soiled by its maintenance operations and/or equipment.

F. All equipment should be cleaned on a regular basis
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Section 15- Workmanship
A. Contractor is required to furnish all equipment, supplies, and materials to accomplish required maintenance to meet City objectives. City may determine that additional maintenance is required to meet the standards set forth in the agreement and will issue directives for additional action.

C. Irrigation.

1. Complete irrigation system assessment to ensure the irrigation system is operated to match the conditions present.

2. Contractor is responsible for irrigation scheduling and programming. Contractor will provide a schedule of irrigation that is conducive to the maintenance schedule proposed.

4. Contractor will report to City any malfunction, poor system performance, or damage of the irrigation systems in any City maintenance area immediately including damage done by Contractor.

D. Replace any broken tree stakes and repair any loose tree ties as needed.

E. Any maintenance vehicles regularly used by Contractor, or those persons representing Contractor's company, shall be in proper working order and in a good state of repair.

Vehicles shall be kept reasonably clean and professional in appearance.

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Contractor supervision is responsible for re -inspection of problem areas before notifying City the problem has been resolved.
b. Contractor's management team must be available for face-to-face meetings called by City within 48 hours of notification.
c. Failure to resolve the problem will result in a outlining a permanent resolution to the problem. Patterns of complaints, which may indicate Contractor's failure to adequately staff, train and supervise, shall cause a face-to-face meeting with the highest level of Contractor's management deemed necessary by City in order to clarify Contractor's obligations and produce a written work plan and time frame for remedying the deficiencies.
d. Repeated deficiencies will result in one or all of the following:
i. Payment deductions to Contractor for services not performed per contract where City had a substitute service.
ii. Termination of selected contracted service area/s because of Contractor's continued failure to perform in the designated areas.
iii. Contract termination for failure to perform.

Right of Severance and Termination

3. Backcharge Contractor for work not performed where City staff had fill in.

B. Cost to be determined based upon contracted labor rate plus materials. Material are not exceed 10% of actual cost
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EYLFIRIT R
Compensation
City shall pay Contractor an amount comprised of the following:

Soundwalls-Monthly Maintenance
C.1 Airline 1,567.00
C.2 Airline & Sunset Dr 502.00
C.3 Allendale Community 4,160.00
C.6 Heartland Dr 109.00
C.7 San Benito St/Heartland 109.00
C.8 Hillcrest Rd 362.00
C.9 Ladd Ranch 259.00
C.10 Ladd/Southside 797.00
C.11 Meridian St 362.00
C.12 Rustic St 72.00
C.14 Santa Ana Rd 109.00
C.15 Santa Ana Villages 36.00
c.15 Santa Ana Village Addition 36.00
C.16 Sunnyslope Rd 507.00
C.17 Sunnyslope Village 1,558.00
C.19 Cesar Chavez extra area 357.00
C.20 Westside & Buena Vista 72.00
C.22 W. of Fairview & Union Rd 1,594.00
C.27 Cerrato 1,071.00
C.28 Slate Ave 83.00
C.29 Keiper-Westfield 248.00
C.30 Chappell Rd 124.00
Total 14,094.00
Parks -Weekly Maintenance
A.2 Apricot 1,087.00
A.4 Frank Klauer Memorial 1,749.00
A.5 Hollister Skate park 181.00
A.6 Veteran's Memorial - 2 softball fields 797.00
A.7 Jerry Gabe Memorial 507.00
A.8 John Z Hernandez 235.00
A.10 McCarthy St Park 906.00
A.11 Mirabella Orchard Park (Hacienda Ln) 181.00
A.13 Santa Ana Park 1,770.00
A.14 Tony Aguirre Memorial Park 616.00
A.16 Vista Park Hill w 1 softball field 1,087.00
A.17 Water Reclamation/Brigantino 1,810.00
A.18 Mirabella II Westfield Park 1,087.00
A.19 Solorio 1 290.00
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DocuSign Envelope ID: 274DB179-3CB6- 4A7D-B871-25DF7FFF38D7 A.20 Solorio II 217.00
A.21 River Trail Park 254.00
Total 12,774.00
Facilities-BiWeekly Maintenance
B.2 I Hollister Community Center $ 434.00
Ponds/Basins-Monthly Maintenance
2 Bridgevale Rd/ Central Ave 279.00
7 Homestead/Saddlebrook-Cienega 569.00
9 Mirabella Pond 321.00
16 El Cerro Additional Basin & Street
1 scape 280.00
Total 1,449.00
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Monthly Expenditure 28,751.00
Annual Expenditure 345,012.00
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EXHIBIT C

PROJECT STAFF
TITLE
Landscape Maintenance & Weed Abatement
IPM/Herbicide Application
Irrigation Technician
Backflow Repair Work
Landscape Construction (new construction)
Landscape Operator
Project Supervisor
Tractor/Skid Steer Rental
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HOURLY RATE

75.00 an hour

80.00 an hour

85.00 an hour

90.00 an hour

85.00 an hour
145.00 an hour

80.00 an hour

75.00 an hour
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 4, 2025
REPORT # Parks & Recreation-2025-02

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH N. RAMIREZ LANDSCAPE AND CONSTRUCTION FOR

PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE SERVICES

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the professional services agreement with N. Ramirez Landscape and Construction, for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

DISCUSSION: On November 7, 2022, the City Council of the City of Hollister, through Resolution 2022-195, authorized a professional service agreement with N. Ramirez Landscape and Construction, the lowest responsible bidder, focusing on Parks, Landscape, and Sound Wall Maintenance Services. Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, th e staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific groupe d areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B. Additionally, in response to guidance from our City attorneys, specific amendments have been integrated to enhance cl arity and modify certain terms of the original agreement.

Amendments:

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

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remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

These actions are proposed to ensure the continued provision of landscaping service s and maintenance under the terms of the agreement.

FISCAL IMPACT: Monthly expenditure of $6,209.00. Annual maintenance is $74,508.00. Funds budgeted from the following accounts:

PREVIOUS COUNCIL OR COMMISSION ACTION: On January 31, 2022, the City Council adopted Resolution 2022-15, authorizing a professional service agreement with N. Ramirez Landscape and Construction, focusing on Parks, Landscape, and Sound Wall Maintenance Services. This agreement was amended by Resolution No. 2024-09 to extend the agreement to February 28, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution Approving Amendment to N. Ramirez Landscape Agreement

2. Second Amendment to N. Ramirez Landscaping Agreement

3. Amended Exhibit B – Service Areas and Compensation N. Ramirez

4. N. Ramirez Agreement and 2024 Amendment

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RESOLUTION NO. 2025-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE AMENDED GENERAL SERVICES AGREEMENT WITH N.

RAMIREZ LANDSCAPE & CONSTRUCTION FOR PARKS, LANDSCAPES, AND

SOUND WALL MAINTENANCE SERVICES

WHEREAS, on January 31, 2022, the City Council, through Resolution 2022-15, authorized a professional service agreement with N. Ramirez Landscape & Construction, the lowest responsible bidder, focusing on parks, landscape, and sound wall maintenance services; and
WHEREAS, the Agreement expires on February 28, 2025; and

WHEREAS, City staff recommends amending said Agreement to extend the term one year and update the scope of services and payment of fees.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize implementation of the following changes to the Second Amendment of the Agreement as follows:

1. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

2. Section 3, “Term” – The term of the Agreement is extended to February 23, 2026.

3. Section 5, “Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed seventy-four thousand five hundred eight dollars ($74,508.00) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performa nce of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a

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Resolution No. 2025-XX

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

4. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on February 4, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, 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. 2025-XX

3 I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Holliste r at a regular meeting held on February 4, 2025 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 February 4, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH N.

RAMIREZ LANDSCAPE & CONSTRUCTION

WHEREAS, City and Contractor have previously entered into an Agreement for landscaping services (“Agreement”) dated November 7, 2022; and

WHEREAS, the term of the First Agreement Amendment is February 29, 2024, through February 28, 2025; and

WHEREAS, City and Contractor desire to amend said Agreement to extend the term one year and update the scope of services and payment of fees.

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

1. This Second Amendment is added to the Agreement.

2. Section 1, “Contractor Services” shall be amended to include the following definition: “Service Areas” mean those locations listed in Exhibit B – Service Areas and Compensation.

3. Section 3, “Term” – The term of the Agreement shall expire on February 23, 2026.

4. Section 5, “Payment of Fees for Services” is replaced with the following language:

The total fees paid by City to Contractor for Basic Services under the Agreement shall not exceed seventy-four thousand five hundred eight dollars ($74,508.00) based upon the Service Areas and Compensation listed in Exhibit B. The City Manager may add or remove Service Areas upon thirty (30) days’ written notice to Contractor. Service Areas added shall be considered Additional Services. The Performance of any Additional Services shall not exceed twenty-five thousand dollars ($25,000). City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor. Contractor shall not increase their rates over the course of this Agreement or submit invoices to City more frequently than monthly. The City may reasonably request additional supporting documentation.

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

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2 5. Exhibit A, Section 2, “B. Maintenance Standard Summary” shall be amended to include required maintenance of “transitions between surfaces.”

6. Exhibit B, “Compensation” shall be replaced by Exhibit B – “Service Areas and Compensation”, attached hereto this First Amendment.

7. Except as herein amended, the Agreement dated February 25, 2023, shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Second Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER

BY:

City Manager

APPROVED AS TO FORM:

BY:

Mary F. Lerner, City Attorney

N. RAMIREZ LANDSCAPE &

CONSTRUCTION

BY:
(Signature)

(Typed Name)

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EXHIBIT B
Service Areas and Compensation

Soundwalls-Monthly Maintenance
8 Ladd Ranch area 1 & 2 $ 1,625.00
21 Westside Blvd $ 820.00
24 Maple Park $ 725.00
30 Sundance Drive $ 185.00
Duran Drive and San Juan Road $ 200.00
Total $ 3,555.00

City Facilities-Monthly Maintenance
Police Department (2500-Police) $ 800.00
Total $ 800.00

Parks-Weekly Maintenance
Valley View Parks & Extension w/Basin $ 1,174.00
Total $ 1,174.00

Ponds/Basins-Monthly Maintenance
4 Orchard Park Pond-Rosales Lane $ 680.00
Total $ 680.00

Monthly Expenditure $ 6,209.00
Annual Expenditure $ 74,508.00

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STAFF REPORT

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE AMENDED GENERAL SERVICES AGREEMENT WITH N. RAMIREZ LANDSCAPE AND CONSTRUCTION

FOR PARKS, LANDSCAPES AND SOUND WALL MAINTENANCE SERVICES BRIEF DESCRIPTION: This resolution will accept the amended general service agreement with N. Ramirez Landscape and Construction for parks, landscapes, basins, ponds, and sound wall maintenance services.

RECOMMENDATION: Adopt a resolution accepting the amended general services agreement with N. Ramirez Landscape and Construction for parks, landscapes, basins, ponds, and sound wall maintenance services.

DEPARTMENT SUMMARY: On November 7, 2022, the City Council of the City of Hollister, through Resolution 2022-195, authorized a professional service agreement with N. Ramirez Landscape and Construction, focusing on Parks, Landscape, and Sound Wall Maintenance Services. The existing agreement, originally approved to expire on February 29, 2024, is now being recommended for an extension.

Furthermore, upon the conclusion of development projects, the City is obligated to undertake the maintenance of newly landscaped areas as per the agreement with developers. Additionally, the staff has grouped landscaped areas to improve efficiency in supervising the maintenance company's tasks and ensuring cleanliness in their designated zones. Once the areas were grouped, staff requested new quotes from landscapers for these specific grouped areas. It is crucial to highlight that the agreement now incorporates supplements to the compensation arrangement detailed in Exhibit B.

Additionally, in response to guidance from our City attorneys, specific amendments have been integrated to enhance clarity and modify certain terms of the original agreement.

Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of Packet Pg. 230

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early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. The term for performance of the Services shall begin on February 29, 2024, and shall end on February 28, 2025 ("Term'), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City's governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

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

Additional Terms:

A new term is introduced as part of this Amendment.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed, and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed one hundred twenty thousand, seven hundred fifty-two Dollars ($120,752.00), which consists of a lump sum of one hundred thousand seven hundred fifty-two Dollars ($100,752.00) for performance of the Basic Services, and a not -to -exceed amount of twenty thousand Dollars 20,000.00) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

City staff is making the following requests to the City Council of the City of Hollister:

Extend the professional services agreement, concluding on February 28, 2025.

Acknowledge and accept the bids that have been received for new landscaping services.

Award the amended agreement to the most qualified, responsive, and responsible bidder.

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Authorize the Mayor of the City of Hollister to execute the contract with N.

Ramirez Landscape and Construction.

These actions are proposed to ensure the continued provision of landscaping services and maintenance under the terms of the agreement.

FINANCIAL IMPACT: Monthly expenditure of $8,396.00, annual expenditure 100,752.00. Funds budgeted from the following accounts:

1. 2024-1-
16_AM EN DED_General_Services_Agreement_Template_N._RAM I REZ_4876- 4056-8674 1.docx

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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A.9
RESOLUTION NO. 2024-9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE AMENDED GENERAL SERVICES AGREEMENT WITH N. RAMIREZ

LANDSCAPE AND CONSTRUCTION FOR PARKS, LANDSCAPES AND SOUND

WALL MAINTENANCE SERVICES
WHEREAS, on November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and WHEREAS, on November 7, 2022, the City Council of the City of Hollister awarded N.

Ramirez Landscape and Construction a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and
WHEREAS, the existing agreement, originally approved to expire on February 29, 2024, is now being recommended for an extension; and
WHEREAS, staff recommends the City Council of the City of Hollister amend the general maintenance agreement with N. Ramirez Landscape and Construction with the following amendments; and
Amendments:

The term and termination provisions of Section 18 of the Original Agreement are hereby amended to the following:

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if 1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City's insurance premiums; (3) Contractor is adjudged a bankrupt; 4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver Packet Pg. 233

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is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon the Contractor's receipt of the notice.

Additional Terms:

A new term is introduced as part of this Amendment.

5. Payment of Fees for Services. The city agrees to pay the Contractor based on a lump sum price for Basic Services satisfactorily performed and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. The contractor shall not increase these hourly rates over the course of this Agreement.

Total fees paid by City to Contractor for Services under the Agreement shall not exceed one hundred twenty thousand, seven hundred fifty-two Dollars ($120,752.00), which consists of a lump sum of one hundred thousand seven hundred fifty-two Dollars 100,752.00) for the performance of the Basic Services, and a not -to -exceed amount of twenty thousand Dollars ($20,000.00) for the performance of any Additional Services.

The city agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from the Contractor based on a percentage of work completed, including any additional supporting documentation that the City reasonably requests.

City agrees to pay Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. The contractor shall not submit its invoices to the City more frequently than monthly.

WHEREAS, staff recommends the City Council of the City of Hollister amend the general maintenance agreement with N. Ramirez Landscape and Construction to include the following areas;
Parks
Dunne Park and two softball fields
Valley View Park & Extension with Basin
Sound Wall Zones
Ladd Ranch Area 1 & 2
Westside Blvd.

Maple Park
Sundance Drive
Ponds/Basins
Orchard Park Pond and Rosales Lane
Leatherback Basin & Park Street
Parking Lot
City Yard & Animal Control
7t" Street
WHEREAS, services will begin on March 1, 2024, and expire on February 28, 2025.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the amended contract with N. Ramirez Landscaping and Construction.

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A.9
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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A.9
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-9, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of February, 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 this City Council day of February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CITY OF HOLLISTER

All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by N. Ramirez Landscape and Construction professionals specially qualified to provide the services required by the City.

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City to potential liability or may cause an increase in City's insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed, and based on the hourly rates listed in Exhibit C for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed one hundred twenty thousand, seven hundred fifty-two Dollars ($120,752.00), which consists of a lump sum of one hundred thousand seven hundred fifty-two Dollars ($100,752.00) for performance of the Basic Services, and a not -to -exceed amount of twenty thousand Dollars ($20,000.00) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty 60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

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

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

7. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, Equipment") which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is Page - 2 - N. Ramirez Landscape and Construction
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furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City's reasonable satisfaction.

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other Page - 3 - N. Ramirez Landscape and Construction
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individuals may provide services for the contractor on this project without first obtaining the written approval of the City Manager.

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval by the City Council, City shall give Contractor written notice to proceed with the Services.

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

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

28. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents ("Intellectual Property") not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and sub -consultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or consultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re -use of the Intellectual Property by the City in relation to other projects. Contractor represents and Page - 5 - N. Ramirez Landscape and Construction
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warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.

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CITY OF HOLLISTER: CONTRACTOR:

DocuSigned by:

N D ,"?, 1/16/2024 1 2:27:51 PM
By: By: Ac9e1DA14c4n4c1
Name: Name:

Noe Ramirez
Title: Title: owner
Address for City Notices: Address for Contractor Notices:
1940 bolsa rd Hollister ca 95023
[email protected]
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F, XHTRTT A
Scope of Services
The Scope of Services outlined in Exhibit A represents an outline of the services, which the City and Contractor agree upon.

Section 1— Definitions

2. City — City's authorized representative

3. Cobble — Permanent hardscape appearing as deliberately placed river rock or stone

4. Community Facility Districts — specially funded area referred to as "CFD"

6. General Cleanup — Removal of debris, litter, refuse, trimmings, clippings, branches, cores, tools and equipment, or any obstruction not part of the designed landscape plan

7. Hardscape - Non -living landscape in the public right-of-way that provides aesthetic and functional benefits to the public such as pedestrian/bike paths, stamped concrete, and cobble

8. IPM — Integrated Pest Management techniques for weed and pest control. Includes the use of cultural techniques, biological controls and pesticides to manage/prevent infestations and reduce pesticide usage
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9. Median — The dividing area, either hardscaped (such as cobble or concrete) or landscaped, between opposing lanes of traffic and include turning lanes

10. Mow Strip — Grass area between curb and pedestrian/bike path

12. Pest Control — Includes the control of vertebrate pests, insects, diseases and fungi. IPM guidelines and practices are to be utilized

13. PSA — Professional Services Agreement

14. Planter Strip — Non -grass area between curb and pedestrian/bike path

15. Public Right -of -Way Area (RoW) - not considered private property which City owns and is accessible to the public for travel either by walking, bicycling, or driving

16. Shrubs/Groundcover — Area consisting of shrubs and/or other living groundcover, other than lawn or trees

17. Streetscape — Any combination of turf, trees, shrubs, and groundcover, along or within, a public right-of-way street

19. Turf or Lawn — Irregular or regular -shaped grass area

20. Sound Wall maintenance- planting, irrigation, or other types of roadside development lying outside of the right-of-way area reserved for exclusive bike/pedestrian use.

1. Fertilizing and aerating

2. Trimming, pruning, and training of shrubs

3. Pest and disease control
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4. Mowing, edging, aerating,

5. Weed control including herbicide applications

7. Leaf pick-up maintenance

8. Climbing vine and groundcover maintenance

9. Ensure proper pedestrian and vehicle clearance

10. Keeping all gutters, curbs, turn lane noses, parking lots, and pedestrian/bike paths adjacent to Agreement areas free of weeds, trash, leaves, and other debris

11. Removing fallen tree limbs, dead plant material, and any other debris from landscaped and sound wall areas

12. Providing weekly written reports from the Contractor's Landscape Supervisor describing the deficiencies of work not performed

13. Providing updates within two business days of notification on work orders assigned to the Contractor by the City.

14. In sound wall areas keep any wall structure or column free of debris, falling leaves, and vines to avoid the overgrowth on the walls.

C. Pest Control

4. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration (NOAA).

5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.

7. Do not spray weeds in playground areas. Weeds are to be removed manually.

8. Reoccurring unwanted plants are to be sprayed to kill plant roots or removed by digging up root system.

9. Trees in turf - maintain a minimum 3 foot radius weed free.

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Hollister City CouncilFebruary 4, 2025

Hollister City Council
February 4, 2025