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Agenda packet, regular meeting

Hollister City Council
June 2, 2025

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Agenda packet, regular meeting
Meeting
June 2, 2025
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Hollister City Council
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757
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CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, June 2, 2025, 6:30 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/government/

City of Hollister YouTube Channel:

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

Public Participation:

The public may attend meetings.

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

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

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

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

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or 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

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

5.CLOSED SESSION REPORT

6.SPECIAL ORDERS OF THE DAY

6.1 RECEIVE A REPORT FROM SAN BENITO LEADERSHIP INSTITUTE FOR THEIR 2024-2025 PROGRAM
RECOMMENDED ACTION:

Receive a presentation from San Benito Leadership Institute for their 2024-2025 program reporting.

7.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.

8.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.

8.1 APPROVE MAY 19, 2025 REGULAR MEETING MINUTES

8.2 WARRANT REGISTER
RECOMMENDED ACTION:

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

City of Hollister City Council Meeting

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8.3 A RESOLUTION AMENDING AND AUTHORIZING INCREASE OF $125,989 FOR THE MICROSOFT 365 GOVERNMENT COMMUNITY CLOUD (GCC) LICENSING

UTILIZING THE AGREEMENT BETWEEN CA DEPARTMENT OF TECHNOLOGY (CDT) AND MICROSOFT IN A TOTAL AMOUNT OF $451,000 FOR THREE YEARS RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to enter into a contract with the California Department of Technology and to execute agreements that account for standard annual software license increases, not to exceed 5%, as well as to procure additional licenses as needed to support employee growth.

8.4 RESOLUTION APPROVING A REGULATORY PERMIT RENEWAL INCLUDING A CHANGE IN LOCATION FOR THE CANNABIS REGULATORY PERMIT – MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER, INC.

RECOMMENDED ACTION:

Adopt a resolution approving the cannabis regulatory permit renewal For Monterey Bay Alternative Medicine Hollister at 1785 San Felipe road with the subject conditions of approval listed.

8.5 RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT AMENDMENT WITH PLACEWORKS INC IN A NOT-TO-EXCEED AMOUNT OF $431,319 TO

AMEND THE GENERAL PLAN, CLIMATE ACTION PLAN, AND PREPARE AN EIR

ADDENDUM
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute a contract amendment with Placeworks Inc. in an amount not-to-exceed $431,319 for the update of the City’s General Plan, Climate Action Plan, and preparation of an addendum to the certified Environmental Impact Report, and authorizing a $30,000 contingency for the City Manager’s ability to make minor contract amendments as may be needed to complete the project.

8.6 A RESOLUTION AWARDING A JANITORIAL CONTRACT TO EXECUTIVE FACILITIES SERVICES INC. AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT, ANY AMENDMENTS, AND ALL OTHER RELATED

DOCUMENTS
RECOMMENDED ACTION:

Approve a resolution awarding a janitorial contract to Executive Facilities Services, Inc. and authorizing the City Manager to execute the agreement, any amendments, and all other related documents.

8.7 A RESOLUTION APPROVING THE FINAL INITIAL STUDY/MITIGATED NEGATIVE

DECLARATION REPORT FOR THE HOLLISTER MUNICIPAL AIRPORT RUNWAY 6 SAFETY IMPROVEMENT PROJECT
RECOMMENDED ACTION:

Adopt a resolution approving the Final Initial Study/ Mitigated Negative Declaration for the Hollister Municipal Airport Runway 6 Safety Improvement Project and authorize the City Manager to take necessary actions and execute necessary documents related to the California Department of Fish and Wildlife and filing of the report.

9.COUNCIL BUSINESS
City of Hollister City Council Meeting

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9.1 INFORMATIONAL REPORT REGARDING THE DEVELOPMENT OF THE FISCAL YEAR 2025-26 BUDGET PRIOR TO BUDGET HEARINGS SCHEDULED FOR JUNE 9, 2025.

RECOMMENDED ACTION:

Receive the informational report regarding the development of the Fiscal Year 2025- 26 and provide direction to staff.

9.2 DISCUSSION REGARDING A CANNABIS REGULATORY PERMIT FOR FAULTLINE MANUFACTURING AT 1785 SAN FELIPE ROAD
RECOMMENDED ACTION:

Review the request for renewal, and provide direction to staff to return at a later meeting to either approve or deny the Cannabis Regulatory Permit for Faultline Manufacturing for the 2025- 2026 term.

9.3 DISCUSSION REGARDING A CANNABIS REGULATORY PERMIT FOR HIGHER LEVEL OF CARE HOLLISTER DISPENSARY AT 1802 SHELTON DRIVE RECOMMENDED ACTION:

Review the request for renewal, and provide direction to staff to return at a later meeting to either approve or deny the Cannabis Regulatory Permit for Higher Level of Care Hollister for the 2025- 2026 term.

10.PUBLIC HEARINGS

10.1 A RESOLUTION CONFIRMING AND APPROVING THE BOUNDARY DIAGRAM

AND ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS OF LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025-2026
RECOMMENDED ACTION:

Adopt a resolution approving the final engineer’s report, confirming the boundary and assessments, and ordering the levy and collection of assessments of Landscape and Lighting District No. 93-1 for Fiscal Year 2025-2026.

10.2 APPEAL 2025-2 ALEXANDER SYWAK REGARDING THE LOCATION OF

FENCING IN THE FARMSTEAD SUBDIVISION
RECOMMENDED ACTION:

Adopt a resolution denying the appeal, affirm the Planning Commission’s determination, and direct the applicant to revise the building permit applications to demonstrate the location of the rear yard fences of Lots 1 and 2 no closer than 5.5 feet from the northern property line.

CEQA: The appeal is exempt from CEQA pursuant to Section 15061(b)(3) as it does not have any potential for causing a significant effect on the environment.

10.3 AN ORDINANCE AMENDING TITLE 17, ZONING, CHAPTER 17.10, INDUSTRIAL

AND MANUFACTURING ZONES TO ALLOW FOR SPECIALIZED SCHOOLS IN THE LIGHT INDUSTRIAL (M1) AND INDUSTRIAL BUSINESS PARK (IBP) ZONING DISTRICTS AND AMENDING SECTION 17.02.020 TO INCLUDE

DEFINITIO
RECOMMENDED ACTION:

Hold a Public Hearing, Introduce the Ordinance, and schedule the second reading and adoption of the ordinance for the June 16, 2025 City Council meeting.

CEQA: Categorically Exempt, Section 15061(B)(3)
City of Hollister City Council Meeting

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11.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.

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

11.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

11.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

12.CLOSED SESSION

12.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 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)

12.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 190 Maple Ave., Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Under Negotiation: Purchase Terms and Conditions

13.ADJOURNMENT

14.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of June 2, 2025 was posted on the bulletin board at City Hall on May 30, 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

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

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

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

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

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

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

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

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

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # City Manager-2025-32

AGENDA ITEM: RECEIVE A REPORT FROM SAN BENITO LEADERSHIP INSTITUTE FOR THEIR 2024-2025 PROGRAM

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

RECOMMENDED ACTION: Receive a presentation from San Benito Leadership Institute for their 2024-2025 program reporting.

DISCUSSION: San Benito Leadership Institute will give a presentation regarding their nine-month leadership development program.

The leadership program was designed to cultivate a diverse network of emerging and established leaders in San Benito County. Program theme s included values-driven leadership, conflict navigation, and change management. Sessions blended experiential learning with community-based civic immersion, small-group collaboration, and wellness- focused practices to support sustainable leadership. When provided $20,000 in funding to start the program, the City Council required an update be provided in front of the City Council upon completion.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: City Council approved Resolution No. 2024-23 - $20,000.00 for SBLI Program 2024-2025.

CEQA: N/A

ATTACHMENTS:

1. Presentation – 2024-2025 Program Report

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SAN BENITO

LEADERSHIP

INSTITUTE
City Council Meeting
June 2, 2025 @ 6:30 pm
sanbenitoleadership.org

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WHERE GREAT

LEADERS ARE GROWN
Our Purpose Our Values Our Vision
To build a stronger community
by cultivating a diverse group
of new, emerging, and existing
leaders who will effectively
serve, unite and benefit the
residents of San Benito County.

We believe in integrity,
inclusivity, equity, and
selflessness for the benefit of
all residents of San Benito
County. Our program is driven
by our values and belief in the
value of good leadership.

We envision San Benito County
thriving with diverse,
committed, and educated
leaders.

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ASSOCIATE'S
8 HIGH SCHOOL
5 MASTER'S
4 BACHELOR'S
3 NON-DISCLOSED
2 DOCTORATE
1 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

PARTICIPATION & EDUCATION

C O M M ITTED C O M P LETED
25 23

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WOMEN
17 MEN
6 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

GENDER, AGE & RACE
40-49
8 30-39
7 50-59
5 20-29
2 60-69
1 HISPANIC
14WHITE
5 MULTI-RACIAL
3 ASIAN
1 BLACK
1

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0 1 2 3 4 5 6 7

GOVERNMENT

NONPROFITS

BUSINESS

HEALTHCARE
7 7
6 3
0 5 10 15 20

HOLLISTER
AROMAS

SAN JUAN BAUTISTA
20 2
1 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

INDUSTRIES & RESIDENCE

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Day Month Topic
20 September Opening – Finding Your Why: Connecting to Your Leadership Purpose 18 October Your Leadership Strengths: Leadership and Self Awareness 15 November Navigating Conflict: The Importance of Social & Emotional Intelligence 4 December Community Leadership Engagement: Simulated Society Experience (SimSoc) 17 January Collaborative Leadership: Strengthening & Supporting Leaders at all Levels. 21 February Inclusive Leadership: Understanding Diversity, Inclusion & Equity 21 March Change Leadership: Leading & Supporting Transitions 18 April Enduring Leadership: Strategies for Sustainability (Pinnacles National Park) 16 May Closing: Your Leadership Legacy
2024 - 2025PROGRAM DAYS

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OUTCOMES
Over 50% have taken on new responsibilities or
leadership roles during the program, and the
remaining half plan to do so in the future.

Outcomes at work:

Better team performance
Improved communication with staff
Improved team morale
Better decision making
Increased transparency at work
Team empowerment
“What I loved about this program was the approach to learning about yourself as an individual in order to serve the community better.”

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IMPACT
Professional network expansion
Increased confidence
Leading with integrity
Seeking to understand others
“This program has taught me about who I am as a leader - each section contributed to my understanding of how I want to lead and the impact I want to have in my community, family, and career.”

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THANK YOU!Page 18 of 757

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

May 19, 2025, 6:30 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 regular meeting of the City Council of the City of Hollister to order at 6:31 p.m.

2. ROLL CALL

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

4. CLOSED SESSION
City Attorney Mary Lerner announced Item 12.2 would be heard in closed session with item 4.1.

Mayor Stephens opened public comment at 6:33 p.m.

Mary Zanger commented on the services provided by Jovenes de Ant año to seniors in the community.

Alice Miranda urged the City to continue to allow Jovenes de Antaño to use the Community Center and spoke regarding the services provided by Jovenes.

Wendy Rothwell commented on the services provided by Jovenes de Antaño to seniors in the community.

Marysol Rordirguez spoke regarding the meals provided by Jovenes de Antaño to seniors in the community.

Karen Wasserman commented on the services provided by Jovenes de Antaño to seniors in the community.

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2 Araceli Caballeros provided comments in Spanish.

Nellie C. urged the City to continue to allow Jovenes de Antaño to use the Community Center.

Danny Barrera, Executive Director of Jovenes de Antaño, asked expressed concern that the organization was never allowed to negotiate with the City and asked the Council to allow more time for Jovenes to secure a new location.

Soledad Jaourdgy provided comments in Spanish.

Josefina Figueroa provided comments in Spanish.

Alejo Hernandez urged the City to continue to allow Jovenes de Antaño to use the Community Center and spoke regarding the services provided by Jovenes.

Mayor Stephens closed public comment at 6:53 p.m.

City Manager David Mirrione provided information regarding how grant funding for seniors is awarded in San Benito County and stated the City does not have control over or decision-making authority over these funds.

Councilmember Morales summarized City Manager David Mirrione's comments in Spanish.

Clay Kempf with Martha's Kitchen stated services will continue for seniors in the community with a planned start date of July 1, 2025. If Jovenes de Antaño ends their services earlier than that, Martha's Kitchen will begin providing services as soon as possible.

City Attorney Mary Lerner read the closed session titles.

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

4.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8
Property: 300 West St., Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Negotiating Party: Jovenes de Antano
Under Negotiation: Lease Terms
Mayor Stephens convened the meeting into closed session at 7:06 p.m.

The City Council reconvened in open session at 7:45 p.m.

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3 5. CLOSED SESSION REPORT
City Attorney Mary Lerner stated no reportable action was taken in closed session.

6. SPECIAL ORDERS OF THE DAY

6.1 SAN BENITO HEALTH FOUNDATION PROCLAMATION

7. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Rene Baez inquired how the City is supporting new high school graduates not planning to attend college, such as supporting commercial growth, small development projects, and improved infrastructure.

8. CONSENT ITEMS
Councilmember Picha invited Alexander Sugiura to speak regarding his proposed Eagle Scout project at Veterans Memorial Hall.

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

The consent calendar items are approved.

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

8.1 APPROVE MAY 5, 2025 REGULAR MEETING MINUTES

8.2 WARRANT REGISTER
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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

Carried

8.3 A RESOLUTION APPROVING AN UPDATED AIRPORT USE

AGREEMENT WITH TRUWEATHER SOLUTIONS, INC TO PLACE

ADVANCED WEATHER SENSOR INSTRUMENTS AT THE HOLLISTER

MUNICIPAL AIRPORT
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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4 Adopt a resolution approving an updated Airport Use Agreement with TruWeather Solutions, Inc. to place advanced weather sensor instruments at the Hollister Municipal Airport and authorizing the City Manager to execute the updated Agreement.

Carried

8.4 A RESOLUTION APPROVING A BOY SCOUTS OF AMERICA EAGLE

SCOUT CANDIDATE TO COMPLETE A PROJECT ON THE GROUNDS

AT THE VETERANS MEMORIAL BUILDING AND NAMING THE

VETERANS MEMORIAL BUILDING AS PROJECT BENEFICIARY
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Approve a Boy Scouts of America Organization Eagle Scout candidate to complete a project on the Veterans Memorial Building grounds and the Veterans Memorial Building named project beneficiary.

Carried

8.5 A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND
HOLLISTER DOWNTOWN ASSOCIATION FOR FY 2025/26 FOR THE

CALIFORNIA MAINSTREET PROGRAM IN DOWNTOWN HOLLISTER
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 2025/26.

Carried

8.6 A RESOLUTION AUTHORIZING AN APPLICATION FOR THE

PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE

AND/OR STATE FINANCIAL ASSISTANCE
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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5 Adopt a resolution authorizing the City Council to approve and assign a Designation of Applicant’s Agent for the required Non-State Agencies Form 130 to be eligible to receive funding from the State of California Governor’s Office of Emergency Services.

Carried

8.7 A RESOLUTION APPROVING AN AGREEMENT WITH LONG’S

CUSTOM DISCING TO MITIGATE WEEDS ON CERTAIN PROPERTIES

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

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

Adopt a resolution approving an agreement with Long’s Custom Discing for Weed Abatement Services and authorize the City Manager to execute the agreement.

Carried

8.8 A RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY

AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026 AND SETTING THE

PUBLIC HEARING
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution declaring the intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 and setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 for June 2, 2025 at 6:30 pm in the City of Hollister’s Council Chambers, 375 Fifth Street, Hollister, CA 95203.

Carried

8.9 A RESOLUTION APPROVING THE ANNEXATION OF THE 1940

AIRWAY DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 61 (PUBLIC FACILITIES SERVICES)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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6 Adopt a resolution approving the annexation of the1940 Airway Drive Project into CFD#4.

Carried

8.10 A RESOLUTION APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND

ACCOUNTABILITY ACT
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving a list of projects funded by SB 1: the Road Repair and Accountability Act of 2017.

Carried

9. PUBLIC HEARINGS

9.1 RESOLUTIONS FOR WEST FAIRVIEW SPECIFIC PLAN AMENDMENT, SITE & ARCHITECTURAL REVIEW 2022-13, AND CONDITIONAL USE PERMIT 2022-5 FOR BRIGHT FUTURE RECOVERY.

Councilmember Resendiz recused himself regarding this item stating his partner contracts with the applicant. Councilmember Resendiz left the room.

Senior Planner Erica Frasier provided the staff presentation.

Mayor Stephens opened the public hearing at 8:07 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 8:07 p.m.

Moved by: Council Member Morales
Seconded by: Mayor Stephens

Adopt resolutions approving the CEQA Addendum, West Fairview Specific Plan Amendment, Site & Architectural Review, and Conditional Use Permit.

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

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7 Carried (4 to 0)

9.2 PLANNED DEVELOPMENT 2025-1 AND TENTATIVE MAP 2025-1 – AUGIE DENT – EVERGLEN PHASE 2 SUBDIVISION (APN 051-230- 005)
Councilmember Resendiz returned to the dais.

Senior Planner Erica Frasier provided the staff presentation.

Mayor Stephens opened the public hearing at 8:24 p.m.

Augie Dent, project applicant, provided additional information regarding the prior density calculation for the project.

Mayor Stephens closed the public hearing at 8:29 p.m.

Councilmember Resendiz expressed concern that no affordable or multi- family houses are included in the project.

Moved by: Council Member Resendiz
Seconded by: Mayor Stephens

Deny introduction of an ordinance approving a Planned Development Rezone; and deny adoption of a resolution approving a Tentative Map for the Everglen Phase 2 development.

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

10. COUNCIL BUSINESS

10.1 CONSIDER, DISCUSS, AND PROVIDE DIRECTION REGARDING

CREATING A BUSINESS ADVISORY COMMISSION
City Clerk Jennifer Woodworth provided the staff report.

Mayor Stephens opened public comment at 8:40 p.m.

Pete Hernandez supported creation of a Business Advisory Commission.

Mayor Stephens closed public comment at 8:43 p.m.

By consensus, the City Council directed staff to return with a draft resolution to form a Business Advisory Commission with the following qualifications and requirements:

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8  Commission to meet quarterly
 Members required to own a business that generates sales tax revenue for the City
 Five-member Commission with each member of the City Council to recommend a Commission member for Council approval
 Majority of Commission members will be small business owners  At least one member of the Commission will have a business located in the Downtown area
 Commissions purpose to:
o Enhance economic development in the City
o Help the City create policies to positively impact internal City operations to help the business community thrive
o Commission will not duplicate the responsibilities of the Planning Commission

10.2 DISCUSSION AND DIRECTION REGARDING THE RESTRUCTURING

OF VARIOUS CITY COMMISSIONS
City Clerk Jennifer Woodworth provided the staff report.

Mayor Stephens opened public comment at 9:17 p.m.

No speakers present.

Mayor Stephens closed public comment at 9:17 p.m.

By consensus, the City Council directed the following:

1. Consolidate the Parks and Recreation Commission, Arts and Culture Commission, and Youth Commission into a single Commission, return with a Council item to determine the structure of the new consolidated commission, with seven members, one of which is a youth member aged 16-21, and setting quarterly meetings;

2. Sunset the Historic Resources Commission;

3. Adopt a bylaws amendment to modify the meeting schedule of the Airport Advisory Commission, changing its frequency from monthly to quarterly;

4. Formally disband the Disaster Council; and

5. Staff to bring back resolution(s) and ordinance (if required) reflecting the recommended changes.

10.3 DISCUSSION REGARDING A REGULATORY PERMIT FOR
MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER INC. AT A
NEW LOCATION OF 1785 SAN FELIPE ROAD

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9 Cannabis Affairs Program Manager Maria Mendez provided the staff report.

Mayor Stephens opened public comment at 9:29 p.m.

Bryce Berryessa, with Monterey Bay Alternative Medicine Hollister, Inc., requested the Council approve the Cannabis Regulatory Permit with a proposed language change to remove the requirement for the applicant to correct current code violations.

Victor Gomez, representing Monterey Bay Alternative Medicine Hollister, Inc., requested the Council approve the Cannabis Regulatory Permit with a proposed language change to remove the requirement for the applicant to correct current code violations.

Mayor Stephens closed public comment at 9:34 p.m.

By consensus, the City Council directed staff to return with a resolution to approve the Cannabis Regulatory Permit for Monterey Bay Alternative Medicine Hollister, Inc. at a proposed new location, 1785 San Felipe Road.

By consensus, the City Council approved continuing the meeting past 10:00 p.m.

The City Council recessed at 9:57 p.m. and reconvened at 10:00 p.m. with all members of Council present.

10.4 INFORMATIONAL REPORT ON FISCAL YEAR (FY) 2024-25 QUARTER 3 BUDGET MONITORING AND RECEIVE A PRELIMINARY UPDATE
REGARDING FISCAL YEAR 2025-26 BUDGET DEVELOPMENT
City Manager David Mirrione provided the staff report.

Mayor Stephens opened public comment at 10:48 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 10:48 p.m.

11. INFORMATIONAL REPORTS

11.1 COMMITTEE ASSIGNMENTS
Councilmember Resendiz reported he attended meetings of the San Benito County Council of Governments.

Councilmember de Anda and Mayor Stephens reported the Animal Services ad hoc committee met to discuss partnerships and options to reduce costs.

Councilmember Picha reported he and Mayor Stephens met with the Monterey Bay Confederation of Clubs and discussed the 2025 Independence Rally. Councilmember Picha also attended a meeting of the

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10 Association of Monterey Bay Area Governments and meetings of the San Benito County Council of Governments.

Councilmember Morales reported she attended the San Benito County Leadership Academy graduation.

11.2 COUNCIL REPORTS
No reports.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

11.3 CITY MANAGER REPORT
No reports.

1. UPDATED CITY COUNCIL PROJECTS

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

Mayor Stephens opened public comment at 11:04 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 11:04 p.m.

Mayor Stephens convened the meeting into closed session at 11:05 p.m.

12.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 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)

12.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code Request to Cure Brown Act Violation – Weinberg Roger & Rosenfeld

13. CLOSED SESSION REPORT
City Attorney Mary Lerner reported in closed session, the City Council provided unanimous consent and direction to staff to make the following report:
"The Hollister City Council hereby affirms its unconditional commitment to uphold and protect the public’s right to address the Council during meetings in accordance with the provisions of the Ralph M. Brown Act (California Government Code Section 54950, et seq.). The Council shall not impose any condition, policy or practice that unlawfully restricts the public’s right to make public comment on agenda items or matters within the subject matter jurisdiction of the legislative body. This commitment is made without qualification or

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11 limitation. The City Council shall ensure that all meetings subject to the Brown Act provide meaningful opportunities for public comment, consistent with the Act’s letter and spirit."

14. ADJOURNMENT
Mayor Stephens adjourned the meeting at 12:25 a.m.

Jennifer Woodworth, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Finance-2025-13

AGENDA ITEM: WARRANT REGISTER

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Grizelle Gonzalez, Management Analyst
STAFF CONTACT: Maricela Romero, Acct Tech II

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

FISCAL IMPACT: 24/25

ATTACHMENTS:

1. Expense Approval Register DP 5-6-25

2. Expense Approval Register AP 5-6-25

3. Expense Approval Register PYR 5-7-25

4. Expense Approval Register DP 5-8-25

5. Expense Approval Register DP 5-8-25-2

6. Expense Approval Register AP 5-13-25

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # IT-2025-04

AGENDA ITEM: A RESOLUTION AMENDING AND AUTHORIZING INCREASE OF $125,989 FOR THE MICROSOFT 365 GOVERNMENT COMMUNITY CLOUD (GCC)

LICENSING UTILIZING THE AGREEMENT BETWEEN CA DEPARTMENT OF TECHNOLOGY (CDT) AND MICROSOFT IN A TOTAL AMOUNT OF $451,000 FOR

THREE YEARS

DEPARTMENT: Information Services
DEPARTMENT HEAD: Sean Colt, Information Services & Technology Director STAFF CONTACT: Ravikumar Donthi, IT Assistant Director

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to enter into a contract with the California Department of Technology and to execute agreements that account for standard annual software license increases, not to exceed 5%, as well as to procure additional licenses as needed to support employee growth.

DISCUSSION: The City of Hollister utilizes Microsoft Office Production Suite for all word- processing, data spreadsheet applications, and email communications . The Microsoft 365 G5 Suite includes tools that allows City Staff to visualize, share data, and seamlessly collaborate, and the Microsoft 365 G5 Suite includes Cloud Security and Compliance features which include Identify Protection, Verifiable Credentials, Security Center and Condition Access Control through Multifactor Authentication. The California Department of Technology (CDT) has established a Microsoft Licensing Contract to provide the Microsoft 365 G5 Suite to all state and local government entities at the best price point in the country, and the Agreement price is based upon the California Department of Technology Procurement Services, which allow local agencies to procure certain items through general purchasing schedules.

The City Municipal Code allows the city to purchase services without competitive bidding when using “cooperative purchasing with other governmental agencies.

The cost increase is due to a rise in user subscriptions, from 240 to 294 active licenses.

Of these, 286 have been assigned and allocated from the available license pool.

Authorizing the City Manager to execute agreements allows the flexibility and ensures continuity of service, timely support of business needs, and streamlines procurement processes in alignment with operational demands.

FISCAL IMPACT: $125,989.00 currently leveraged from the budgeted amounts in FY 2024-25 with cost split across Fund 101 - $54,175.00 (43%), Fund 601 - $16,379.00 (13%), Fund 620 - $27,718.00 (22%) and Fund 660 - $27,718.00 (22%). Budget amounts for the Fiscal Year 2025-26 will increase split over the same funds and percentages based on employee count increase and not to exceed 5% annual software licensing cost increases.

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PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution No. 2023-46 for initial purchase and service, approved by City Council, March 20, 2023

CEQA: N/A

ATTACHMENTS:

1. Resolution no: 2023-46, Dt: 20/March/2023

2. Yearly Cost Distribution and increase in user licenses

3. Master Service Agreement (MSA) established between Microsoft and California Department of Technology to provide competitive pricing

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING RESOLUTION NO. 2023-46 AND AUTHORIZING THE
INCREASE OF $125,989 FOR THE MICROSOFT 365 GOVERNMENT

COMMUNITY CLOUD (GCC) LICENSING UTILIZING THE AGREEMENT

BETWEEN CALIFORNIA DEPARTMENT OF TECHNOLOGY (CDT) AND
MICROSOFT IN A TOTAL CONTRACT AMOUNT OF $451,000 FOR
THREE (3) YEARS ENDING FY 2025-26

WHEREAS, the City of Hollister utilizes Microsoft Office Production Suite for all word - processing, data spreadsheet applications, and email communications; and

WHEREAS, Microsoft hosts their products via a Cloud-based solution and has introduced the Government Community Cloud (GCC) for Government Agencies. The Microsoft 365 G5 Suite includes tools that allow city staff to visualize, share data, and seamlessly collaborate; and

WHEREAS, the California Department of Technology (CDT) created a Microsoft Licensing Contract to provide the Microsoft 365 G5 Suite to all state and local government entities at the best price point the county, and the Agreement price is based upon the California Department of Technology Procurement Services, which allow local agencies to procure certain items through purchasing schedules; and

WHEREAS, the additional cost increase of $125,989 is based on city employee count increase and a 5% annual software licensing cost increase for FY 2025-26, with a total contract amount of $451,000 for three (3) years; and

WHEREAS, authorizing the City Manager to enter into a contract with the California Department of Technology (CDT) and execute agreements for standard annual software license increases not to exceed 5%, as well as to procure additional licenses as needed to support employee growth will allow flexibility to ensure continuity of service, timely support of business needs, and streamlined procurement processes in alignment with operational demands.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister amend resolution no. 2023-46 and authorize the increase of $125,989 for the Microsoft 365 Government Community Cloud licensing utilizing the agreement between California Department of Technology and Microsoft in a total contract amount of $451,000 for three (3) years ending FY 2025-26.

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Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 2, 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 June 2, 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 June 2, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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EXHIBIT A

STATEMENT OF WORK

1. Contract Description:

Insight Public Sector, Inc. (hereinafter referred to as “the Contractor”) agrees to provide the California Department of Technology (hereinafter referred to as the “State,” “CDT,” and/or the “Licensee”) with the Microsoft Implementation Services for the design, development, deployment of M365 GCC E5 products and capabilities, as listed in Section 4. Project Tasks/Deliverables.

2. Term/Period of Performance:
a. The period of performance for the Contract shall be for eleven (11) months and eighteen (18) days, estimated from April 12, 2024 or upon approval, whichever is later through March 31, 2025. Any Purchase Orders/Work Authorizations (WA) issued for services that begin or extend beyond the term of the Software Cooperative Agreement (SCA) and shall be subject to the terms of the SCA.
b. The State reserves the option to extend the term of this Agreement at its sole discretion for up to one (1) optional one (1) year extension.
c. The Contractor shall not be authorized to deliver or commence the performance of services as described in this Statement of Work (SOW) until written approval has been obtained from all entities. Any delivery or performance of service that is commenced prior to the signing of the Contract shall be considered voluntary on the part of the Contractor and non-compensable.
d. Consistent with the terms and conditions of the original solicitation, and upon mutual consent, the CDT and the Contractor may execute written amendments for changes to this contract that were evaluated and considered.

3. Notices:

All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties of this Agreement at their address as set below unless changed from time to time, in which event each party shall notify the other in writing, and all such notices shall be deemed duly given if deposited, postage prepaid, in the United States mail and directed to the following addresses:

The technical representative during the term of this Agreement will be:

State Agency Manufacturer
CDT, Acquisitions & IT Program Management
Branch
Microsoft Services
Attn: Isiah Clay Attn: Ross Trousdale
Phone: (916) 857-9807 Phone: (612) 226-4158
E-mail:[email protected] E-mail:[email protected]

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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Contract inquiries should be addressed to:

State Agency Contractor
CDT, Acquisitions & IT Program Management Branch Insight Public Sector, Inc.

Attn: Jamie Wong Attn: Chris Robertson
Address: PO Box 1810
Rancho Cordova, CA 95741
Address: 2701 E Insight Way
Chandler, Arizona 85286
Phone: (916) 857-9682 Phone: (916) 480-409-6775
E-mail:[email protected] E-mail:[email protected]

4. Project Task/Deliverable:

PROJECT
AREA

DESCRIPTION TYPICAL

DELIVERABLES

ESTIMATED
HOURS
Implementation
Services
Professional service offerings for
technical deployment and
implementation services directly from
Microsoft Professional Services.

Provides a Microsoft-authorized service
offering aligned to deploying and
implementing Microsoft-based
technology solutions.

Security
o O365 components
o Windows components
o EMS components
Compliance
o Information Protection
o Information Governance
o Insider Risk
Voice
o Network Readiness
Assessment
o Teams Voice Assessment
and Plan
o Phone System Site
Enablement
o Adoption Scenario
Workshop
Office 365 Core Services
o Exchange
o ProPlus
o OneDrive
o SharePoint Online
o Teams
Additional Playbooks – defined by
customer needs and Microsoft
guidance
o Power BI, Planner, etc.

As defined in
each Work
Authorization(s)
25,000

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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5. Work Authorization (WA):
a. Each WA shall consist of a detailed statement of the Purpose, Objective, and/or Goals of the work to be undertaken by the Contractor and all information requested to be provided per WA form, Exhibit A-1.

b. All WAs must be completed, signed and submitted in writing by the Contractor to CDT’s Contract Administrator.

c. CDT has the right to require the Contractor to stop or suspend work, at any time, for any WA.

d. CDT has the right to cancel any WA upon request for any reason with a thirty (30) day notification.

e. Personnel resources will not be expended (at a cost to the CDT) on task/deliverable accomplishment in excess of estimated work hours required unless the procedure below is followed:

1) If, in performance of the work, the Contractor determines that a WA to be performed under this Contract cannot be accomplished within the estimated work hours, the Contractor will immediately notify the CDT in writing of the Contractor’s estimate of the work hours which will be required to complete the WA in full. Upon receipt of such notification, the CDT may:

a) Authorize the Contractor to expend the estimated additional work hours or service in excess of the original estimate necessary to accomplish the WA;

b) Terminate the WA; or

c) Alter the scope of the WA in order to define tasks that can be accomplished within the remaining estimated work hours.

2) The CDT will notify the Contractor in writing of its decision within seven (7) calendar days after receipt of the notification. If notice of the decision is given to proceed via an amended WA signed by the Contractor and Customer Department, the Contractor may expend the estimated additional work hours for agreed upon services. The CDT agrees to reimburse the Contractor for such additional work hours.

6. Performance:

The CDT and Customer Department will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed by the Contractor fail to meet the CDT and Customer Department conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

a. The CDT will notify the Contractor in writing within five (5) State business days after completion of each phase of service of any acceptance problems by identifying the specific inadequacies and/or failures in the services performed by the Contractor. The costs related to rework of unacceptable work products shall not be billed to the CDT.

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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b. The Contractor will, within five (5) State business days after initial problem notification, respond to the CDT by submitting a detailed explanation describing precisely how the identified services actually adhere to and satisfy all applicable requirements, and/or a proposed corrective action plan to address the specific inadequacies and/or failures in the identified services. Failure by the Contractor to respond to the CDT’s initial problem notification within the required time limits may result in immediate termination of the Contract.

c. In the event of such termination, the CDT shall pay all amounts due the Contractor for all work accepted prior to termination.

d. The CDT will, within five (5) State business days after receipt of the Contractor’s detailed explanation and/or proposed corrective action plan, notify the Contractor in writing whether it accepts or rejects the explanation and/or plan. If the CDT rejects the explanation and/or plan, the Contractor will submit a revised corrective action plan within three (3) State business days of notification of rejection. Failure by the Contractor to respond to the CDT’s notification of rejection by submitting a revised corrective action plan within the required time limits may result in immediate termination of the Contract. In the event of such termination, the CDT shall pay all amounts due the Contractor for all work accepted prior to termination.

e. The CDT will, within three (3) State business days of receipt of the revised corrective action plan, notify the Contractor in writing whether it accepts or rejects the revised corrective action plan proposed by the Contractor. Rejection of the revised corrective action plan will result in immediate termination of the Contract. In the event of such termination, the CDT shall pay all amounts due the Contractor for all work accepted prior to termination.

7. Contractor Reporting Requirements:

The Contractor must submit monthly written status reports in MS Word or Excel format to the CDT Contract Administrator as directed. The reports shall be detailed regarding current status and future activities. Status reports are not considered deliverables under the terms of this Contract. These reports shall include, but not limited to:

a. A summary of the work completed during the reporting period, showing actual vs. planned.

b. Monthly usage hours per customer department, per WA.

c. Highlighted tasks that are behind schedule, adopted remediation plans, and overall impact on the project.

d. The status of the overall engagement and all phases/projects, including discussion of risks, problems encountered, solutions, and proposed solutions.

e. The tasks expected to be completed in the next reporting period.

f. An accounting of Contractor staff person(s) hours for the prior week and for the Contract to date i.e. time sheets.

g. Ad hoc reporting as required.

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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h. If requested, the Contractor shall participate in periodic briefings for Executive Management, as deemed appropriate by the CDT.

8. Contractor Responsibilities:
a. The Contractor will provide its own equipment necessary to perform the required duties.

b. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

c. The Contractor will notify the CDT, in writing, within five (5) calendar days of any changes in the personnel assigned to the project tasks/deliverables. If a Contractor employee is unable to perform due to illness, resignation, or other factors beyond the Contractor’s control, the Contractor will make every reasonable effort to provide suitable substitute personnel. The substitute personnel must be equal or better qualifications than the replaced personnel, meet all requirements and be approved in advance of any performance under the Contract by the CDT Contract Administrator. The rates for the substituted personnel must be less than or equal to the rates of the personnel that they are replacing.

d. The Contractor personnel shall perform their duties on any of the premises of the State’s facilities located within the greater Sacramento area, a Microsoft facility, a customer’s facility, a US Government facility, or various remote and off-site locations (including Microsoft employee home offices) during regular State business hours (Monday through Friday, 8:00 a.m. – 5:00 p.m. PT) and at all other times as required to successfully provide the services described in this SOW.

e. The Contractor will adhere to the CDT policies and procedures, guidelines and templates including access and security requirements.

f. All project communications and documentation must be in English.

g. The Contractor shall notify the State of any change in the product/service catalog that could increase the cost of services being provided to the State.

9. CDT’s Responsibilities:
a. Designate a person to whom all Contractor communication may be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

b. Provide Contractor personnel with standard Department imaged desktop(s), phone equipment, and standard cubicle and/or office working facilities at any of the CDT sites and/or other locations specified by the CDT, as necessary, with limited network connectivity to access team working documents.

c. Provide access to department staff and management, offices and operation areas, as required, to complete the tasks and activities defined under this Contract.

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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d. Provide at least a minimum of ten (10) State business days for the timely review and approval of information and documentation provided by the Contractor to perform its obligations.
e. Provide information regarding the business structure of the CDT, and schedule the availability of the CDT personnel for interviews, as required by the Contractor to perform its responsibilities.

10. Service Request Process:
a. Customer Department shall contact the Contractor, Microsoft and CDT Customer Engagement Account Lead with a request for services.
b. The Contractor, Microsoft and Customer Department shall work together to create a SOW, engaging FastTrack as necessary, and provide an estimated level of effort/budgetary estimate. Customer Department shall submit a Service Request or Case to CDT, attaching SOW and estimated level of effort/budgetary quote 1) Service Request or Case shall contain: Customer Name, dollar amount, term, description, budgetary Quote and SOW.
c. CDT shall execute a WA with Contractor

11. Acceptance of Project Tasks/Deliverables:

It shall be in the State’s sole determination as to whether a project task/deliverable identified in this Agreement or in a WA, Exhibit A-1 has been successfully completed and acceptable to the State. Acceptance criteria shall consist of the following:
a. The approval process for each WA will be as outlined in Section 6, Performance unless that WA defines an alternative approval process for that WA’s deliverable(s). b. A signed Work Authorization Acceptance Document (WAAD), Exhibit A-2 is required for each project tasks/deliverable identified in a WA.
c. The Contractor shall meet all timelines, as agreed to in the Contract or in WA.

12. Problem Escalation:

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to the State’s attention. Problems or issues shall normally be reported in regular status reports.

There may be instances, however, where the severity of the problems justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate CDT personnel. CDT personnel notified, and the time period taken to report the problem or issue, shall be at a level commensurate with the severity of the problem or issue.

CDT personnel include, but are not limited to, the following:

First Level: CDT Contract Administrator
Second Level: CDT Branch Chief
Third Level: CDT Deputy Director

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STATE OF CALIFORNIA INSIGHT PUBLIC SECTOR, INC.

DEPARTMENT OF TECHNOLOGY PO No. 23-15341 / SC No. 23-0139455

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13. Amendments:

Consistent with the terms and conditions of the original solicitation, and upon mutual consent, the CDT and the Contractor may execute amendments to this Agreement for changes to add available services per the most current SLP pricelist posted on the Cal eProcure website for quantity, money and/or time. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, and agreed upon by both parties and approved, as required.

No verbal understanding or agreement not incorporated into the Agreement is binding on any of the parties.

14. Cancellation Provisions:

CDT may exercise its option to terminate the resulting Agreement at any time with 30 calendar days’ prior written notice.

15. Other Contract Considerations:
a. The Contractor will act as prime contractor under this Contract. In addition to identifying all personnel proposed to work under this Contract, the Contractor shall also identify its subcontractor affiliation, as applicable.
b. The CDT reserves the right to approve all subcontractors prior to the performance of any work by the subcontractor.
c. Nothing contained in this Contract shall create any contractual relationship between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor is fully responsible to the CDT for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them.
d. If a subcontractor is a California Certified Small Business (SB) and/or Disabled Veteran Business Enterprise (DVBE), then those amounts paid to certified subcontractors shall be identified on the Contractor’s invoice(s).
e. The Contractor’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. f. Military and Veteran Code (MVC) 999.5(d), Government Code (GC) 14841, and California Code of Regulations (CCR) 1896.78(e) requires all Prime Contractor’s that had a DVBE firm perform any element of work for a contract to report DVBE information. g. Prime Contractors are required to maintain records supporting the information that all payments to DVBE subcontractor(s) were made. The Prime DVBE Subcontracting form can be found at the following link:
http://www.documents.dgs.ca.gov/pd/smallbus/Prime%20DVBE%20Sub%20Report.xls and the instructions can be found at the following link:
http://www.documents.dgs.ca.gov/pd/smallbus/Prime%20DVBE%20Sub%20Report%20I nstruction.doc. Completed forms are to be e-mailed to: [email protected].

16. Federal Tax Administration Requirements:

CDT must notify the United States Internal Revenue Service (IRS) prior to executing, or amending, any agreement to disclose, or provide access to, federal tax information (FTI) to a Contractor or Sub-Contractor, at least 45 calendar days prior to the disclosure of FTI, to

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ensure appropriate contractual language is included and that Contractors are held to safeguarding requirements. This procedure conforms to IRS Publication 1075.

Subject to the IRS, FTI requirements, if an unfavorable response is received by the IRS, this contract will be terminated immediately, per the General Provisions – Information Technology (GSPD-401IT), clause 23, Termination for Default. In conformation with IRS Publication 1075, Contractor must comply with Exhibit D - Special Terms and Conditions to Safeguard Federal Tax Information.

17. Security and Data Protection Requirements:

CDT must ensure agreements with state and non-state entities include provisions which protect and minimize risk to the state when engaging in the development, use, or maintenance of information systems, products, solutions, or services. In order to comply with the State Administrative Manual (SAM) Section 5305.8, the Contractor must comply with Exhibit E, Security and Data Protection.

18. Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1388).

The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

19. Certificate(s) of Insurance
When submitting the Response to the solicitation, the Contractor is required to provide a copy of the insurances listed below. At the time the Responses are due, only a copy of existing insurance is required. The State does not need to be named as an additional insured prior to the Agreement’s award. When the Agreement is awarded to the Contractor, the State will require that the Certificate Holder on the Certificate Insurance include CDT as an additional insured and list CDT’s address as: California Department of Technology, Attention: APMB, 10860 Gold Center Drive, Rancho Cordova, CA 95670 and the Agreement Number (which will be assigned at time of Agreement award). The certificate can be emailed to CDT’s Acquisitions & IT Program Management Branch representative.

The Contractor's certificate of insurance shall comply with the following requirements:
a.Commercial General Liability:

On an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate or proof of adequate self-insurance if the Contractor is a self-insured government and/or a public entity. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. The commercial general liability insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor's limit of liability.

In the case of the Contractor's utilization of subcontractors to complete the contracted scope of work, the contractors shall include all subcontractors as insured under the Contractor's insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of the Contractor.

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b.Professional Liability:

The Contractor shall maintain professional liability/errors and omissions insurance with limits no less than $1,000,000 for each claim covering damages caused by negligent errors, acts or omission. The policy retroactive date must be displayed on the certificate and must be before the date this Agreement is executed or before the commencement of work.
c.Automobile Liability: The Contractor shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.
d.Workers’ Compensation Insurance:
1) Provisions of section 3700 of the California Labor Code requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with such provisions before commencing performance of work under the Agreement.
2) The Contractor shall maintain statutory workers’ compensation and employer's liability coverage for all its employees who will be engaged in the performance of the Agreement. Employer's liability limits of $1,000,000 are required. 3) If your business is a Sole Proprietorship and does not employ any other individual(s), a signed statement on business letterhead stating, "I certify under penalty of perjury under the laws of the State of California that I do not employ any person in any manner as to become subject to the Workers' Compensation laws of California. I further certify that the CDT will be notified within thirty (30) days of any changes which results in the business becoming subject to the Workers' Compensation laws of the State of California." This letter must be on file for this Agreement.

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EXHIBIT A-1

WORK AUTHORIZATION (WA) FORM
The task/deliverable(s) will be performed in accordance with this Work Authorization and the provisions of Agreement Number:

WORK AUTHORIZATION NUMBER PAGE(S)
OF

TITLE OF TASK/DELIVERABLE
TASK/DELIVERABLE SUMMARY (Detailed description of task/deliverable to be performed under work authorization. Please ensure to include the Purpose, Objectives, and/or Goals of the work to be undertaken by the Contractor.) Background
Microsoft will provide implementation services to help standardize and accelerate the deployment of the M365 GCC E5 product technologies and their capabilities in a manner that is advantageous to the CDT and the customers that it serves.

The strategic design and deployment of these products allows the State and Microsoft Team to take a statewide perspective, and to collaborate in providing participating entities with the capability to accelerate deployment of the Microsoft products in Years 1, 2 and 3 of the new Enterprise Agreement.

Deliverables
Microsoft to provide professional service offerings for technical deployment and implementation services directly from Microsoft Professional Services. The deliverables will be developed in partnership between Customer, Microsoft and CDT through the Work Authorization process.

Microsoft-authorized service offering will be aligned with deploying and implementing M365 GCC E5 solutions and includes the following:
• Security Tools – threat protection solutions
• Identity & Access Management – secure cloud identities & replication • Additional Playbooks - defined by needs and guidance
• Office 365 Core Services Enablement – Teams, Teams Voice, OneDrive, Power BI, Planner, etc.

Job Title Job Description
Implementation Services
Consultant Level 1
Assists with the implementation of innovative and enterprise-scale solutions. Demonstrates technical expertise around Microsoft solutions.

Implementation Services
Consultant Level 2
Implements innovative and enterprise-scale solutions. Demonstrates technical expertise around Microsoft architecture and solutions.

Implementation Services
Consultant Level 3
Serves as an escalation point for both the customer and delivery teams. Focuses on solution status and realized value, removing risks and blockers, and strategic planning. Monitors key performance indicators to ensure a healthy implementation engagements.

Implementation Services
Consultant Level 4
Manages or supports implementation of innovative and enterprise- scale solutions, demonstrating deep technical expertise and insights around Microsoft architecture and solutions. Engages with senior-level technical and business decision makers.

Implementation Services Leads implementation of innovative and enterprise-scale solutions,

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Consultant Level 5 demonstrating deep technical expertise and insights around Microsoft architecture and solutions. Engages with senior-level technical and business decision makers.

Implementation Services
Consultant Level 6
Provides a deep understanding of infrastructure technologies, business drivers, emerging computing trends on implementation projects

CLASSIFICATION/ROLE RATE PER
HOUR*

ESTIMATED
HOURS

EXTENDED
TOTAL

Microsoft Services Total

START DATE COMPLETION DATE

TOTAL ESTIMATED NUMBER OF LABOR HOURS TOTAL ESTIMATED COST

Cancel (Check this box if you are requesting to cancel your WA.)

APPROVALS
CONTRACTOR’S CONTRACT ADMINISTRATOR NAME: TITLE:

SIGNATURE: TITLE:

CUSTOMER DEPARTMENT: TITLE:

CUSTOMER DEPARTEMENT AUTHORIZED REPRESENTATIVE: DATE:

SIGNATURE: TITLE:

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The following pages are not mandatory, as long as the task/deliverable summary on the WA form is detailed, but highly recommended.

1. TASK/DELIVERABLE SUMMARY INFORMATION

SUMMARY
Task/Deliverable Number
Task/Deliverable Name
Version Number
Total Review Time for Draft
and Final Document
Task/Deliverable in State
Business Days
Total Review Time Draft Review Final Review

Delivery/Format
Number of Copies
Intended Audience

2. INTRODUCTION

3. REQUIREMENTS
A. REQUIREMENTS DESCRIPTION

B. SPECIAL REQUIREMENTS/CLARIFICATIONS

4. TASK/DELIVERABLE CONTENT

A. SCOPE

B. DESCRIPTION
Project Management Approval – Section where approval signatures are gathered. There should be two tables for review log and management approval signatures.

Table 1.1 Task/Deliverable Review History Log

TASK/DELIVERABLE REVIEW HISTORY LOG
Reviewer/Role Date Comments

Table 1.2 Task/Deliverable Project Management Approval

TASK/DELIVERABLE XXXX
Approver/Role Date Signature
Project Manager

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TASK/DELIVERABLE XXXX
Comments:

C. REFERENCED DOCUMENTS
D. CRITICAL DEPENDENCIES
E. RESOURCES
The following table lists the key resources by organization required to achieve a successful signoff on Task/Deliverable XXXX.

STATE KEY RESOURCES
Role Responsibilities
OTech Project Manager Responsible for Acceptance of the Final Task/Deliverable.

OTech Project Director Responsible for Senior Leadership review and approval.

XXXX Project Manager Responsible for Senior Leadership review and approval.

VENDOR KEY RESOURCES
Role Responsibilities
Vendor Project Manager Responsible for Quality Assurance review.

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EXHIBIT A-2

WORK AUTHORIZATION ACCEPTANCE DOCUMENT (WAAD)
Contractor’s Name:

Customer Department
Name:

CDT’s Agreement No.:

WAAD No.:

WA’s Title:

WA’s Completion Date:

Total Cost of WA:

WA DESCRIPTION:

CUSTOMER DEPARTMENT ACCEPTANCE OR REJECTION:

ACCEPTANCE REJECTION
COMMENTS TO SUPPORT DECISION:

AUTHORIZED AND APPROVED:

Contractor’s Signature and Date Customer Department
Signature and Date
Note: Once the Contractor and the Customer Department have accepted and approved the WAAD, as stipulated in the Agreement, the Contractor may submit an invoice for the completed, and accepted work. Please refer to the payment provisions in Exhibit B.

A copy of this completed record must also be submitted immediately to the APMB IT Acquisitions Analyst.

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment and Invoicing:
a. Payment for services performed under this Contract shall be hourly by Work Authorization. It shall be the CDT’s sole determination as to whether a task/deliverable has been successfully completed and is acceptable. A signed WA Acceptance Document, Exhibit A-2 is required from the CDT Contract Administrator before processing an invoice for payment.
b. Upon successful completion and acceptance of each project task/deliverable identified in a WA, the Contractor will submit an invoice for payment associated with the individual payment amounts. Payment shall be based on the cost worksheet and acceptance by the CDT.
c. Invoices shall be submitted in triplicate, and shall identify labor and costs charged for each approved WA. Invoices shall be submitted monthly, in arrears, identifying Contractor personnel by name and classification, hourly rate of pay and hours expended; however, invoices shall be due and payable, and payment shall be made, only after the CDT acceptance of hours worked or completion of each WA under this Contract.
d. The Contractor costs related to items such as travel and per diem are costs of the Contractor, shall be inclusive of the hourly rate bid, and will not be paid separately as part of this Contract.
e. Submit your invoice using only one of the following options:
1) Send via U.S. mail in TRIPLICATE to:

California Department of Technology
Administration Division – Accounting Office
P. O. Box 1810
Rancho Cordova, CA 95741
OR
2) Submit electronically at: [email protected]
f. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

2. Budget Contingency Clause:
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract shall be of no further force and effect. In this event, the State

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shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this contract and Contractor shall not be obligated to perform any provisions of this contract.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Contract with no liability occurring to the State, or offer a contract amendment to the Contractor to reflect the reduced amount.

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EXHIBIT C

COST WORKSHEET

MICROSOFT IMPLEMENTATION SERVICES
Term: April 12, 2024 through March 31, 2025

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS TO SAFEGUARD FEDERAL TAX INFORMATION Federal statute, regulations and guidelines require that all contracts for services relating to the processing, storage, transmission, or reproduction of federal tax returns or return information, the programming, maintenance, repair, or testing of equipment or other property, or the providing of other services, for tax administration purposes include the provisions contained in this Exhibit.

Contractor agrees to comply with 26 United States Code (U.S.C) §6103(n), as revised in the future, 26 Code of Federal Regulations (C.F.R) §301.6103(n)-1(a)(2) and (d), as revised in the future, and Internal Revenue Service (IRS) Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (Rev. 11-2021, or as revised in the future), Section 2.C.8., 2.C.9, and Exhibit 7) and all applicable conditions and restrictions as may be prescribed by the IRS by regulation, published rules or procedures, or written communication to the Contractor.

Internal Revenue Service (IRS) Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (Rev. 11-2021, or as revised in the future) https://www.irs.gov/pub/irs-pdf/p1075.pdf
EXHIBIT 7 SAFEGUARDING CONTRACT LANGUAGE
I. PERFORMANCE
In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by officers or employees with the following requirements:
(1) All work will be performed under the supervision of the contractor. (2) The contractor and contractor’s officers or employees to be authorized access to FTI must meet background check requirements defined in IRS Publication 1075. The contractor will maintain a list of officers or employees authorized access to FTI. Such list will be provided to the agency and, upon request, to the IRS.
(3) FTI in hardcopy or electronic format shall be used only for the purpose of carrying out the provisions of this contract. FTI in any format shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection or disclosure of FTI to anyone other than the contractor or the contractor’s officers or employees authorized is prohibited. (4) FTI will be accounted for upon receipt and properly stored before, during, and after processing. In addition, any related output and products require the same level of protection as required for the source material.
(5) The contractor will certify that FTI processed during the performance of this contract will be completely purged from all physical and electronic data storage with no output to be retained by the contractor at the time the work is completed. If immediate purging of physical and electronic data storage is not possible, the contractor will certify that any FTI in physical or electronic storage will remain safeguarded to prevent unauthorized disclosures. (6) Any spoilage or any intermediate hard copy printout that may result during the processing of FTI will be given to the agency. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts and will provide the agency with a statement containing the date of destruction, description of material destroyed, and the destruction method.

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(7) All computer systems receiving, processing, storing, or transmitting FTI must meet the requirements in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to FTI.
(8) No work involving FTI furnished under this contract will be subcontracted without the prior written approval of the IRS.
(9) Contractor will ensure that the terms of FTI safeguards described herein are included, without modification, in any approved subcontract for work involving FTI. (10) To the extent the terms, provisions, duties, requirements, and obligations of this contract apply to performing services with FTI, the contractor shall assume toward the subcontractor all obligations, duties and responsibilities that the agency under this contract assumes toward the contractor, and the subcontractor shall assume toward the contractor all the same obligations, duties and responsibilities which the contractor assumes toward the agency under this contract.
(11) In addition to the subcontractor’s obligations and duties under an approved subcontract, the terms and conditions of this contract apply to the subcontractor, and the subcontractor is bound and obligated to the contractor hereunder by the same terms and conditions by which the contractor is bound and 202 obligated to the agency under this contract. (12) For purposes of this contract, the term “contractor” includes any officer or employee of the contractor with access to or who uses FTI, and the term “subcontractor” includes any officer or employee of the subcontractor with access to or who uses FTI. (13) The agency will have the right to void the contract if the contractor fails to meet the terms of FTI safeguards described herein.

II. CRIMINAL/CIVIL SANCTIONS

(1) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that FTI disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any FTI for a purpose not authorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. (2) Each officer or employee of a contractor to whom FTI is or may be accessible shall be notified in writing that FTI accessible to such officer or employee may be accessed only for a purpose and to the extent authorized herein, and that access/inspection of FTI without an official need-to-know for a purpose not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.
(3) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that any such unauthorized access, inspection or disclosure of FTI may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000 for each unauthorized access, inspection, or disclosure, or the sum of actual damages sustained as a result of such unauthorized access, inspection, or disclosure, plus in the case of a willful unauthorized access, inspection, or disclosure or an unauthorized access/inspection or disclosure which is the result of gross negligence, punitive damages, plus the cost of the action. These penalties are prescribed by IRC sections 7213, 7213A and 7431 and set forth at 26 CFR 301.6103(n)-1. (3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure

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imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
(4) Granting a contractor access to FTI must be preceded by certifying that each officer or employee understands the agency’s security policy and procedures for safeguarding FTI. A contractor and each officer or employee must maintain their authorization to access FTI through annual recertification of their understanding of the agency’s security policy and procedures for safeguarding FTI. The initial certification and recertifications must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, a contractor and each officer or employee must be advised of the provisions of IRC sections 7213, 7213A, and 7431 (see Exhibit 4, Sanctions for Unauthorized Disclosure, and Exhibit 5, Civil Damages for Unauthorized Disclosure). The training on the agency’s security policy and procedures provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. (See Section 10) For the initial certification and the annual recertifications, the contractor and each officer or employee must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.

III. INSPECTION

The IRS and the Agency, with 24-hour notice, shall have the right to send its inspectors into the offices and plants of the contractor to inspect facilities and operations performing any work with FTI under this contract for compliance with requirements defined in IRS Publication 1075. The IRS’ right of inspection shall include the use of manual and/or automated scanning tools to perform compliance and vulnerability assessments of information technology (IT) assets that access, store, process or transmit FTI. Based on the inspection, corrective actions may be required in cases where the contractor is found to be noncompliant with FTI safeguard requirements.

IRS Publication 1075 (Rev. 11/2021 or as revised in the future) Section 2.C.8, Control over Processing through 2.C.9, Service Level Agreements (SLA)

2.C.8 Controls Over Processing
The agency must establish adequate controls to prevent disclosing FTI to other state agencies, tax or non-tax, or to political subdivisions, such as cities or counties, for any purpose, including tax administration, absent explicit written IRS authority granted under IRC § 6103(p)(2)(B).

Processing of FTI in an electronic media format including removable media, microfilms, photo impressions or the conversion to other formats (including tape reformatting or duplication, reproduction or conversion to digital images or hard copy printout) will be performed as indicated in the environments listed in 2.C.8.1 and 2.C.8.2.

2.C.8.1 Agency-owned and Operated Facility

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Processing under this method will take place in a manner that will protect the confidentiality of the information on the electronic media. All safeguards outlined in this publication also must be followed and will be subject to IRS safeguard reviews.

2.C.8.2 Agency, Contractor or Sub-Contractor Shared Facilities Recipients of FTI are permitted to use a shared facility but only in a manner that does not allow access to FTI by employees, agents, representatives, or contractors of other agencies using the shared facility.

For purposes of applying sections 6103(l), (m) and (n), the term “agent” includes contractors and subcontractors.

Access restrictions pursuant to the IRC authority by which the FTI is received continue to apply; for example, human services agencies administering benefit eligibility programs may not allow contractors or sub-contractors, including consolidated data center contractors, access to any FTI.

The agency must include, as appropriate, the requirements specified in Exhibit 7, Safeguarding Contract Language.

The agency, as well as its contractor, sub-contractor and shared sites that receive, process, store, access, protect and/or transmit FTI, are subject to Safeguard reviews.

These requirements also apply to releasing electronic media to a private contractor, sub- contractor or other agency office, even if the purpose is merely to erase the old media for reuse.

2.C.9 Service Level Agreements (SLA)
Agencies using support functions, including, but not limited to, consolidated data centers, shared print facilities, and disaster recovery sites, must implement appropriate controls to ensure the protection of FTI. This includes a service level agreement (SLA) between the agency authorized to receive FTI and support functions. The SLA must cover the following:

The agency with authority to receive FTI is responsible for ensuring the protection of all FTI received. The state support function shares responsibility for safeguarding FTI.

The Exhibit 7 language must be included in the SLA between the recipient agency and support functions and in all contracts involving contractors or sub-contractors hired by the state support function.

The SLA provides written notification to the state support function’s management that they are bound by the provisions of Publication 1075, relative to protecting all FTI within their possession or control.

The SLA shall detail the IRS’s right to inspect state support function facilities and operations receiving, processing, storing, accessing, protecting and/or transmitting FTI under this agreement to assess compliance with requirements defined in IRS Publication 1075. The SLA shall specify that IRS’s right of inspection includes the use of manual and/or automated scanning tools to perform compliance and vulnerability assessments of information technology (IT) assets that access, store, process or transmit FTI.

The SLA shall detail the state support function’s responsibilities to address corrective action recommendations to resolve findings of noncompliance identified by IRS inspections.

The agency will conduct an internal inspection of the state support function every 18 months, as described in Section 2.D.3, Internal Inspections. Multiple agencies sharing a state support function such as a consolidated data center may partner together to conduct a single, comprehensive internal inspection. However, care must be taken to ensure agency representatives do not gain unauthorized access to other agencies’ FTI during the internal inspection.

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The employees from the state support function with access to or use of FTI, including system administrators and programmers, must:

1. Meet the background check requirements defined in Background Investigation Minimum Requirements and

2. Receive disclosure awareness training and sign a confidentiality statement, prior to initial access to or use of FTI, as well as annually thereafter. These provisions also extend to any contractors or sub-contractors hired by the state support function that have authorized access to or use of FTI.

The specific data breach incident reporting procedures for all state support function employees, contractors and sub-contractors must be covered. The required disclosure awareness training must include a review of these procedures.

Responsibilities must be identified for coordination of the 45-day notification of the use of contractors or sub-contractors with access to FTI.

Require a formal sanction process for individuals covered by the SLA for failing to comply with established FTI security policies and procedures. Notification of designated agency personnel is required within 72 hours when the formal sanction is a proposed disciplinary or adverse action involving an unauthorized access or disclosure of FTI and must include the date the unauthorized access or disclosure of FTI occurred.

Generally, consolidated data centers are operated either by a separate state agency (e.g., Department of Information Services) or by a private contractor or sub-contractor. If an agency is considering transitioning to either a state-owned or private vendor consolidated data center, the Office of Safeguards strongly suggests the agency submit a request for discussions with Safeguards as early as possible in the decision making or implementation planning process. The purpose of these discussions is to ensure the agency remains compliant with safeguarding requirements during the transition to the consolidated data center.

Disclosure awareness training videos produced by the IRS can be found at:
https://www.irs.gov/privacy-disclosure/irs-disclosure-awareness-videos

REFERENCES
26 U.S.C. §6103(n) Confidentiality and disclosure of returns and return information (n) Certain other Persons
Pursuant to regulations prescribed by the Secretary, returns and return information may be disclosed to any person, including any person described in section 7513(a), to the extent necessary in connection with the processing, storage, transmission, and reproduction of such returns and return information, the programming, maintenance, repair, testing, and procurement of equipment, and the providing of other services, for purposes of tax administration.
26 C.F.R. §301.6103(n)-1 Disclosure of returns and return information in connection with written contracts or agreements for the acquisition of property or services for tax administration purposes.
(a) General rule.
(1) Pursuant to the provisions of section 6103(n) of the Internal Revenue Code and subject to the conditions of this section, officers and employees of the Treasury Department, a State tax agency, the Social Security Administration, or the Department of Justice, are

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authorized to disclose returns and return information (as defined in section 6103(b)) to any person (including, in the case of the Treasury Department, any person described in section 7513(a)), or to an officer or employee of the person, for purposes of tax administration (as defined in section 6103(b)(4)), to the extent necessary in connection with a written contract or agreement for the acquisition of -
(i) Equipment or other property; or
(ii) Services relating to the processing, storage, transmission, or reproduction of returns or return information, the programming, maintenance, repair, or testing of equipment or other property, or the providing of other services.
(2)Any person, or officer or employee of the person, who receives returns or return information under paragraph (a)(1)of this section, may - (i)Further disclose the returns or return information to another officer or employee of the person whose duties or responsibilities require the returns or return information for a purpose described in this paragraph (a); or
(ii) Further disclose the returns or return information, when authorized in writing by the Internal Revenue Service (IRS), to the extent necessary to carry out the purposes described in this paragraph (a). Disclosures may include disclosures to an agent or subcontractor of the person, or officer or employee of the agent or subcontractor. (3) An agent or subcontractor, or officer or employee of the agent or subcontractor, who receives returns or return information under paragraph (a)(2)(ii) of this section, may further disclose the returns or return information to another officer or employee of the agent or subcontractor whose duties or responsibilities require the returns or return information for a purpose described in this paragraph (a).
(4) Any person, or officer, employee, agent or subcontractor of the person, or officer or employee of the agent or subcontractor, who receives returns or return information under this paragraph (a), may, subject to the provisions of § 301.6103(p)(2)(B)-1 (concerning disclosures by a Federal, State, or local agency, or its agents or contractors), further disclose the returns or return information for a purpose authorized, and subject to all applicable conditions imposed, by section 6103.
(b) Limitations.
(1) Disclosure of returns or return information in connection with a written contract or agreement for the acquisition of property or services described in paragraph (a) of this section will be treated as necessary only if the performance of the contract or agreement cannot otherwise be reasonably, properly, or economically carried out without the disclosure. (2) Disclosure of returns or return information in connection with a written contract or agreement for the acquisition of property or services described in paragraph (a) of this section shall be made only to the extent necessary to reasonably, properly, or economically perform the contract. For example, disclosure of returns or return information to employees of a contractor for purposes of programming, maintaining, repairing, or testing computer equipment used by the IRS or a State tax agency shall be made only if the services cannot be reasonably, properly, or economically performed without the disclosure. If it is determined that disclosure of returns or return information is necessary, and if the services can be reasonably, properly, or economically performed by disclosure of only parts or portions of a return or if deletion of taxpayer identity information (as defined in section 6103(b)(6)) reflected on a return would not seriously impair the ability of the employees to perform the services, then only the parts or portions of the return, or only the return with taxpayer identity information deleted, may be disclosed.

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(c)Penalties.Any person, or officer, employee, agent or subcontractor of the person, or officer or employee of the agent or subcontractor, who receives returns or return information under paragraph (a)of this section, is subject to the civil and criminal penalty provisions of sections 7431, 7213, and 7213A for the unauthorized inspection or disclosure of the returns or return information.
(d)Notification requirements.Any person, or agent or subcontractor of the person, who receives returns or return information under paragraph (a) of this section shall provide written notice to his, her, or its officers and employees receiving the returns or return information that -
(1) Returns or return information disclosed to the officer or employee may be used only for a purpose and to the extent authorized by paragraph (a) of this section and that the officer or employee is subject to the civil and criminal penalty provisions of sections 7431, 7213, and 7213A for the unauthorized inspection or disclosure of the returns or return information; (2) Further inspection of any returns or return information for a purpose or to an extent not authorized by paragraph (a)of this section constitutes a misdemeanor, punishable upon conviction by a fine of as much as $1,000, or imprisonment for as long as 1 year, or both, together with costs of prosecution;
(3) Further disclosure of any returns or return information for a purpose or to an extent not authorized by paragraph (a) of this section constitutes a felony, punishable upon conviction by a fine of as much as $5,000, or imprisonment for as long as 5 years, or both, together with the costs of prosecution;
(4) Further inspection or disclosure of returns or return information by any person who is not an officer or employee of the United States for a purpose or to an extent not authorized by paragraph (a) of this section may result also in an award of civil damages against that person in an amount not less than $1,000 for each act of unauthorized inspection or disclosure; or the sum of actual damages sustained by the plaintiff as a result of the unauthorized inspection or disclosure plus, in the case of a willful inspection or disclosure or an inspection or disclosure that is the result of gross negligence, punitive damages. In addition, costs and reasonable attorneys fees may be awarded; and (5) A conviction for an offense referenced in paragraph (d)(2) or (3) of this section shall, in addition to any other punishment, result in dismissal from office or discharge from employment if the person convicted is an officer or employee of the United States. (e) Safeguards.
(1) Any person, or agent or subcontractor of the person, who may receive returns or return information under paragraph (a) of this section, shall agree, before disclosure of any returns or return information to the person, agent, or subcontractor, to permit an inspection by the IRS of his, her, or its site or facilities.
(2) Any person, or officer, employee, agent or subcontractor of the person, or officer or employee of the agent or subcontractor, who receives returns or return information under paragraph (a)of this section, shall comply with all applicable conditions and requirements as the IRS may prescribe from time to time (prescribed requirements) for the purposes of protecting the confidentiality of returns and return information and preventing any disclosure or inspection of returns or return information in a manner not authorized by this section.

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(3)The terms of any written contract or agreement for the acquisition of property or services as described in paragraph (a) of this section shall provide, or shall be amended to provide, that any person, or officer, employee, agent or subcontractor of the person, or officer or employee of the agent or subcontractor, who receives returns or return information under paragraph (a)of this section, shall comply with the prescribed requirements. Any contract or agreement shall be made available to the IRS before execution of the contract or agreement.

For purposes of this paragraph (e)(3), a written contract or agreement shall include any contract or agreement between a person and an agent or subcontractor of the person to provide the property or services described in paragraph (a)of this section. (4)If the IRS determines that any person, or officer, employee, agent or subcontractor of the person, or officer or employee of the agent or subcontractor, who receives returns or return information under paragraph (a)of this section, has failed to, or does not, satisfy the prescribed requirements, the IRS, consistent with the regulations under section 6103(p)(7), may take any actions it deems necessary to ensure that the prescribed requirements are or will be satisfied, including -
(i) Suspension of further disclosures of returns or return information by the IRS to the State tax agency, the Social Security Administration, or the Department of Justice, until the IRS determines that the conditions and requirements have been or will be satisfied; (ii) Suspension of further disclosures by the Treasury Department otherwise authorized by paragraph (a)of this section; and
(iii) Suspension or termination of any duty or obligation arising under a contract or agreement with the Treasury Department.
(f)Definitions. For purposes of this section -
(1) The term Treasury Department includes the IRS, the Office of the Chief Counsel for the IRS, and the Office of the Treasury Inspector General for Tax Administration; (2) The term State tax agency means an agency, body, or commission described in section 6103(d); and
(3) The term Department of Justice includes offices of the United States Attorneys. (g) Effective date. This section is applicable on June 5, 2007. 26 U.S.C. §7213. Unauthorized disclosure of information (a) Returns and return information
(1) Federal employees and other persons
It shall be unlawful for any officer or employee of the United States or any person described in section 6103(n) (or an officer or employee of any such person), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b)). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.
(2) State and other employees
It shall be unlawful for any person (not described in paragraph (1)) willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b)) acquired by him or another person under subsection (d), (i)(1)(C), (3)(B)(i), or (7)(A)(ii), (k)(10), (13), (14), or (15), (l)(6), (7), (8), (9), (10), (12), (15), (16), (19), (20), or

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(21) or (m)(2), (4), (5), (6), or (7) of section 6103 or under section 6104(c). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. (3) Other persons
It shall be unlawful for any person to whom any return or return information (as defined in section 6103(b)) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.
(4) Solicitation
It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information (as defined in section 6103(b)) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.

(5) Shareholders
It shall be unlawful for any person to whom a return or return information (as defined in section 6103(b)) is disclosed pursuant to the provisions of section 6103(e)(1)(D)(iii) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. (b) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both, together with the costs of prosecution; and the offender shall be dismissed from office or discharged from employment.
(c) Disclosures by certain delegates of Secretary
All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a “delegate” within the meaning of section 7701(a)(12)(B). (d) Disclosure of software
Any person who willfully divulges or makes known software (as defined in section 7612(d)(1)) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution.
(e) Cross references
(1) Penalties for disclosure of information by preparers of returns For penalty for disclosure or use of information by preparers of returns, see section 7216. (2) Penalties for disclosure of confidential information For penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. 26 U.S.C. §7213A. Unauthorized inspection of returns or return information (a) Prohibitions

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(1) Federal employees and other persons
It shall be unlawful for—
(A) any officer or employee of the United States, or
(B) any person described in subsection (l)(18) or (n) of section 6103 or an officer or employee of any such person,willfully to inspect, except as authorized in this title, any return or return information.
(2) State and other employees
It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2) or under section 6104(c).
(b) Penalty
(1) In general
Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution.
(2) Federal officers or employees
An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment.
(c) Definitions
For purposes of this section, the terms “inspect”, “return”, and “return information” have the respective meanings given such terms by section 6103(b). 26 U.S.C. §7431. Civil damages for unauthorized inspection or disclosure of returns and return information
(a) In general
(1) Inspection or disclosure by employee of United States If any officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against the United States in a district court of the United States. (2) Inspection or disclosure by a person who is not an employee of United States If any person who is not an officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103 or in violation of section 6104(c), such taxpayer may bring a civil action for damages against such person in a district court of the United States. (b) Exceptions
No liability shall arise under this section with respect to any inspection or disclosure— (1) which results from a good faith, but erroneous, interpretation of section 6103, or (2) which is requested by the taxpayer.
(c) Damages
In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of— (1) the greater of—
(A) $1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is found liable, or (B) the sum of—

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(i) the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure, plus
(ii) in the case of a willful inspection or disclosure or an inspection or disclosure which is the result of gross negligence, punitive damages, plus
(2) the costs of the action, plus
(3) in the case of a plaintiff which is described in section 7430(c)(4)(A)(ii), reasonable attorneys fees, except that if the defendant is the United States, reasonable attorneys fees may be awarded only if the plaintiff is the prevailing party (as determined under section 7430(c)(4)).
(d) Period for bringing action
Notwithstanding any other provision of law, an action to enforce any liability created under this section may be brought, without regard to the amount in controversy, at any time within 2 years after the date of discovery by the plaintiff of the unauthorized inspection or disclosure. (e) Notification of unlawful inspection and disclosure: If any person is criminally charged by indictment or information with inspection or disclosure of a taxpayer’s return or return information in violation of—
(1) paragraph (1) or (2) of section 7213(a),
(2) section 7213A(a), or
(3) subparagraph (B) of section 1030(a)(2) of title 18, United States Code, the Secretary shall notify such taxpayer as soon as practicable of such inspection or disclosure. The Secretary shall also notify such taxpayer if the Internal Revenue Service or a Federal or State agency (upon notice to the Secretary by such Federal or State agency) proposes an administrative determination as to disciplinary or adverse action against an employee arising from the employee’s unauthorized inspection or disclosure of the taxpayer’s return or return information.The notice described in this subsection shall include the date of the unauthorized inspection or disclosure and the rights of the taxpayer under such administrative determination.
(f) Definitions
For purposes of this section, the terms “inspect”, “inspection”, “return”, and “return information” have the respective meanings given such terms by section 6103(b). (g) Extension to information obtained under section 3406For purposes of this section— (1) any information obtained under section 3406 (including information with respect to any payee certification failure under subsection (d) thereof) shall be treated as return information, and
(2) any inspection or use of such information other than for purposes of meeting any requirement under section 3406 or (subject to the safeguards set forth in section 6103) for purposes permitted under section 6103 shall be treated as a violation of section 6103.

For purposes of subsection (b), the reference to section 6103 shall be treated as including a reference to section 3406.
(h) Special rule for information obtained under section 6103(k)(9) For purposes of this section, any reference to section 6103 shall be treated as including a reference to section 6311(e).

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EXHIBIT E

SECURITY AND DATA PROTECTION

Contractor shall certify to the State compliance with applicable industry standards and guidelines, including but not limited to relevant security provisions of the California State Administrative Manual (SAM), California Statewide Information Management Manual (SIMM), The National Institute of Standards and Technology (NIST) 800-53 v5 and Federal Information Processing Standard (FIPS) Publication 199 which protect and minimize risk to the State. At a minimum, provision shall cover the following:

1. The Contractor assumes responsibility of the
confidentiality, integrity and availability of the
data under its control. The Contractor shall
implement and maintain all appropriate
administrative, physical, technical, and
procedural safeguards at all times during the
term of the Agreement to secure such data
from data breach or loss, protect the data and
information assets from breaches, introduction
of viruses, disabling of devices, malware and
other forms of malicious or inadvertent acts that
can disrupt the State’s access to its data or
affects the integrity of that data.

2. Confidential, sensitive or personal information
shall be encrypted in accordance with SAM
5350.1 and SIMM 5305-A.

3. The Contractor shall comply with statewide
policies and laws regarding the use and
protection of information assets and data.

Unauthorized use of data by Contractor or third
parties is prohibited.

4. The Contractor shall provide a signed Security
and Confidentiality Statement for all personnel
assigned during the term of the Agreement.

5. Apply security patches and upgrades, and keep
virus protection software up-to-date on all
information asset on which data may be stored,
processed, or transmitted.

6. The Contractor shall notify the State data
owner immediately if a suspected security
incident involving the information asset occurs.

7. The State shall have the right to participate in
the investigation of a security incident involving
its data or conduct its own independent
investigation. The Contractor shall allow the
State reasonable access to security logs,
latency statistics, and other related security
data that affects this Agreement and the State’s
data, at no cost to the State.

8. The Contractor shall be responsible for all
costs incurred by the State due to a security
incident resulting from the Contractor’s failure
to perform or negligent acts of its personnel,
agents, subcontractors, and volunteers, that
results in an unauthorized disclosure, release,
access, review, destruction; loss, theft or
misuse of an information asset. If the
Contractor experiences a suspected loss or
breach of data, the Contractor shall
immediately report the suspected loss or
breach to the State. If the State data owner
determines that notice to the individuals whose
data has been lost or breached is appropriate,
the Contractor will bear any and all costs
associated with the notice and the cost of any
mitigation selected by the data owner. These
costs include, but are not limited to, staff time,
material costs, postage, media
announcements, and other identifiable costs
associated with the breach or loss of data.

9. The Contractor shall immediately notify and
work cooperatively with the State data owner to
respond timely and correctly to Public Records
Act requests.

10. The Contractor will dispose of State data as
instructed by the State during the term of this
agreement. No data shall be copied, modified,
destroyed or deleted by the Contractor other
than for normal operation or maintenance
during the Agreement period without prior
written notice to and written approval by the
State.

11. Remote access to data from outside the
continental United States, including remote
access to data by authorized support staff in
identified support centers, is prohibited unless
approved in advance by the State.

12. The physical location of Contractor’s data
center where the Data is stored shall be within
the continental United States.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Community Development-2025-34

AGENDA ITEM: RESOLUTION APPROVING A REGULATORY PERMIT RENEWAL

INCLUDING A CHANGE IN LOCATION FOR THE CANNABIS REGULATORY PERMIT – MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER, INC.

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C Mendez, Cannabis Affairs Manager

RECOMMENDED ACTION: Adopt a resolution approving the cannabis regulatory permit renewal For Monterey Bay Alternative Medicine Hollister at 1785 San Felipe road with the subject conditions of approval listed.

DISCUSSION:

Monterey Bay Alternative Medicine Hollister, Inc. currently holds one of two a ctive Cannabis Regulatory Permits issued by the City of Hollister. The permit was originally approved in 2018 for operations at 773 San Felipe Road. However, the site remains undeveloped and has not commenced retail operations. Pursuant to Section 5.42.110 of the Hollister Municipal Code, a change in location requires submittal of a new application and is not considered a continuation of the existing permit.

On May 19, 2025, the City Council reviewed MBAM’s request to relocate its cannabis dispensary permit to a new site at 1785 San Felipe Road. After discussion, Council directed staff to return with a resolution approving the change in location, subject to specific conditions to ensure compliance and timely activation of the site.

Staff has prepared a resolution approving the requested change in location based on Council’s direction. The approval includes the following conditions:

1. Initiation of Operations
Public retail operations at 1785 San Felipe Road must commence within one (1) year of Council approval.

2. Code Violation Compliance
All existing code violations at the new location must be corrected no later than December 4, 2025, and the property must be brought into full compliance with the City of Hollister Municipal Code and the California Building Code.

3. Land Use and Construction Compliance
Any land use, construction, or tenant improvement activities must comply with all applicable local and state codes.

4. Timely Payment of Fees and Taxes
All operational fees and taxes must be paid in full and on time, in accordance with City and State requirements.

5. Permit Revocability
The Cannabis Regulatory Permit shall remain revocable for cause as set forth in

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Section 5.42.120 of the Hollister Municipal Code.

FISCAL IMPACT: Approval of a functional dispensary could result in future cannabis sales tax revenue

PREVIOUS COUNCIL OR COMMISSION ACTION: On May 19, 2025, the City Council reviewed MBAM’s request to relocate its cannabis dispensary permit to a new site at 1785 San Felipe Road. After discussion, Council directed staff to return with a resolution approving the change in location, subject to specific conditions to ensure compliance and timely activation of the site.

CEQA: Categorical Exemption – Existing Facilities (Class 1)

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 – Existing Facilities. The project involves the renewal of a regulatory permit for an existing business relocating to a previously developed commercial site with no expansion of use or significant alterations. The proposed activity does not involve any expansion of the existing or former use and will not result in any significant environmental impacts.

ATTACHMENTS:

1. Resolution

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE RENEWAL AND LOCATION CHANGE OF THE

CANNABIS REGULATORY PERMIT FOR MONTEREY BAY
ALTERNATIVE MEDICINE HOLLISTER, INC. TO OPERATE A
DISPENSARY AT 1785 SAN FELIPE ROAD (APN 051-120-076-000)

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of June 04, 2018, issued a cannabis use permit; and

WHEREAS, Monterey Bay Alternative Medicine Hollister, Inc. has applied to the City of Hollister requesting the renewal of its Cannabis Regulatory Permit for operations previously issued at 773 San Felipe Road; and

WHEREAS, in accordance with Section 5.42.110 of the City of Hollister Municipal Code, any change in the location specified in the regulatory permit requires the cannabis facility to reapply, and a relocation is not considered an automatic continuation of an existing permit; and

WHEREAS, the City Council retains the authority to deny a regulatory permit based on the findings outlined in HMC § 5.42.120; and
WHEREAS, on May 19, 2025, the City Council of the City of Hollister reviewed and discussed the request by Monterey Bay Alternative Medicine Hollister, Inc. (MBAM) to relocate its Cannabis Regulatory Permit to a new site located at 1785 San Felipe Road; and
WHEREAS, following deliberation, the City Council directed staff to return with a resolution of approval for the change in location, subject to specified conditions of approval; and
WHEREAS, the City Council determined that, as a condition of permit approval, all existing code violations at the new location of 1785 San Felipe Road must be corrected no later than December 4, 2025, and that the site must be brought into full compliance with the provisions of the City of Hollister Municipal Code and the California Building Code; and
WHEREAS, the City Council further required that any engineering, land use, or construction-related activities at the new location comply with all applicable local and state requirements, including any applicable tenant improvements; and

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Resolution No. 2025-XX

WHEREAS, the City Council established that all fees and taxes associated with the operation of the cannabis dispensary must be paid in full and on time, as prescribed by the City of Hollister and the State of California; and
WHEREAS, the Council directed that the Cannabis Regulatory Permit shall be revocable for cause in accordance with Section 5.42.120 of the Hollister Municipal Code.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hollister that the request by Monterey Bay Alternative Medicine Hollister, Inc. to relocate its Cannabis Regulatory Permit to 1785 San Felipe Road is hereby approved, subject to the following conditions of approval:

1. Initiation of Operations:

Public retail operations of the permitted dispensary shall commence at the new location of 1785 San Felipe road within one (1) year of the date of Council approval of the Cannabis Regulatory Permit renewal.

2. Code Violation Compliance:

All existing code violations at the new location of 1785 San Felipe Road shall be brought into compliance with provisions of both the City of Hollister Municipal Code and California Building Code no later than December 4, 2025.

3. Land Use and Construction Compliance
All applicable land use and/or construction related activities or tenant improvements associated with the property located at 1785 San Felipe Road shall adhere to all applicable requirements set forth in both the City of Hollister Municipal Code and the California Building Code.

4. Timely Payment of Fees and Taxes
All fees and taxes associated with the operations of the permitted cannabis dispensary shall be paid in full and on time as required by the City of Hollister and the State of California.

5. Permit Revocability
Approval of the Cannabis Regulatory Permit shall be revocable for cause, in accordance with Section 5.42.120 of the Hollister Municipal Code.

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Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 2, 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 June 2, 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 June 2, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Community Development-2025-36

AGENDA ITEM: RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT

AMENDMENT WITH PLACEWORKS INC IN A NOT-TO-EXCEED AMOUNT OF $431,319 TO AMEND THE GENERAL PLAN, CLIMATE ACTION PLAN, AND

PREPARE AN EIR ADDENDUM

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a contract amendment with Placeworks Inc. in an amount not-to-exceed $431,319 for the update of the City’s General Plan, Climate Action Plan, and preparation of an addendum to the certified Environmental Impact Report, and authorizing a $30,000 contingency for the City Manager’s ability to make minor contract amendments as may be needed to complete the project.

DISCUSSION: On February 3, 2020 the City Council adopted Resolution 2020-17 entering into a professional services agreement with Placeworks, Inc. for the preparation of a citywide General Plan Update, Climate Action Plan, Agricultural Lands Preservation Program, and associated environmental review. On December 3, 2025, the City Council adopted Resolutions 2024-200, 2024-201, and 2024-202 certifying the Environmental Impact Report (EIR), adopting the 2040 General Plan, and adopting the Climate Action Plan, respectively. Following the adoption of the 2040 General Plan, a referendum petition was filed against the adoption of Resolution 2024-201 adopting the 2040 General Plan. As a result of the referendum petition, on March 3, 2025, the City Council adopted Resolution 2025-26 repealing Resolution 2024-201 and the 2040 General Plan.

On April 21, 2025 the City Council provided direction to staff that would encompass preparing amendments to the adopted and previous draft 2040 General Plan to continue with a comprehensive update to the 2005 -2023 current general plan, and additional amendments to the Climate Action Plan and environmental review that are necessary for consistency.

Placeworks Inc. has provided a scope, timeline, and budget for execution of this work, included as Attachment 2. This resolution would authorize the City Manager to execute a contract amendment with Placeworks Inc.to replace any remaining work under the previous contract and complete the requested update to the General Plan, Climate Action Plan, and necessary environmental review. The resolution would also authorize the City Manager to make any necessary minor contract amendments in order to complete the project, with a contingency authorization of up to $30,000.

FISCAL IMPACT: $431,319 from the General Fund, with the option of an additional $30,000 contingency; intended to be budgeted to 101-4010-730000, professional

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services, within the 2025/2026 Fiscal Year.

PREVIOUS COUNCIL OR COMMISSION ACTION:

2/3/2020 – Resolution 2020-17 entering into Professional Services Agreement with Placeworks, Inc.

11/2/2021 – Resolution 2021-2023 authorizing Contract Amendment No. 1

12/19/2022 – Resolution 2022-216 authorizing Contract Amendment No. 2

6/20/2023 – Resolution 2023-136 authoring Contract Amendment No. 3

11/6/2023 – Resolution 2023-224 authoring Contract Amendment No. 4

12/3/2024 – Resolutions 2024-200, 2024-201, 2024-202 certifying the EIR, adopting the 2040 General Plan, and adopting the Climate Action Plan, respectively

3/3/2025 – Resolution 2025-26 repealing Resolution 2024-201 and the adoption of the 2040 General Plan

4/21/2025 – Council provided direction to staff regarding bringing back a contract amendment to execute updates to the General Plan, Climate Action Plan, and complete environmental review of the revised project.

CEQA: The project is anticipated to require the preparation of an Addendum to the certified Environmental Impact Report, and the contract includes costs associated with the preparation of this report. The execution of the contract itself is not a project subject to the California Environmental Quality Act.

ATTACHMENTS:

1. Resolution authorizing the execution of Contract Amendment No. 5 with Placeworks, Inc.

2. Scope of Work

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RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE EXECUTION OF CONTRACT AMENDMENT NO. 5

WITH PLACEWORKS INC IN A NOT-TO-EXCEED AMOUNT OF
$431,319 FOR THE PREPARATION OF A CITYWIDE GENERAL PLAN

UPDATE, AMENDMENTS TO THE ADOPTED CLIMATE ACTION PLAN,

AND PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT

ADDENDUM

WHEREAS, on February 3, 2020 the City Council adopted Resolution 2020 -17 authorizing the City of Hollister (“City”) to enter into a Professional Services Agreement with Placeworks, Inc. (“Placeworks”) for the preparation of a citywide General Plan Update and associated environmental review (“2040 General Plan Update”); and

WHEREAS, on November 2, 2021 the City Council adopted Resolution 2021-203 approving an amendment to the contract to additionally include work to develop an Inclusionary Housing Ordinance (Contract Amendment No. 1); and

WHEREAS, on December 19, 2022 the City Council adopted Resolution 2022 -216 approving an amendment to the contract to address necessary changes needed to the Environmental Impact Report and Climate Action Plan based on recently amended state legislation (Contract Amendment No. 2); and

WHEREAS, on June 20, 2023 the City Council adopted Resolution 2023 -136 approving an amendment to the contract to include additional public outreach meetings related to the Inclusionary Housing Ordinance (Contract Amendment No. 3); and

WHEREAS, on November 6, 2023 the City Council adopted Resolution 2023 -224 approving an amendment to the contract to address the City Council’s recommended changes to the Draft General Plan (Contract Amendment No. 4) ; and

WHEREAS, on December 3, 2024 the City of Hollister City Council adopted Resolution 2024-201 adopting the 2040 General Plan and Resolution 2024-202 adopting the Climate Action Plan; and

WHEREAS, on March 3, 2025, following a referendum petition, the City Council adopted Resolution 2025-26, repealing Resolution 2024-201 and the adoption of the 2040 General Plan; and

WHEREAS, on April 21, 2025, following a presentation and public hearing, the City Council directed staff to amend the contract with Placeworks in order to revise the 2040 General Plan, Climate Action Plan, and prepare an Addendum to the certified Environmental Impact Report to address the revised project description.

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Resolution No. 2025-XX

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize the City Manager to execute Contract Amendment 5 with Placeworks for the revision of the 2040 General Plan, Climate Action Plan, and environmental document as directed, in a not-to-exceed amount of $431,319.

BE IT FURTHER RESOLVED, that the City Manager is also authorized to execute any additional contract or scope of work amendments that may be needed to complete the project, including up to a $30,000 contingency that may be added by the City Manager at their discretion for any unforeseen necessary work.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on June 2, 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 June 2, 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 June 2, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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PLACEWORKS 1
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EXHIBIT A:

SCOPE OF SERVICES AND COSTS FOR

HOLLISTER GENERAL PLAN REVISIONS
This Exhibit responds to direction from the April 21, 2025 Council Meeting, at which the Council directed preparation of a revised Draft General Plan that contains most features of the 2023 Draft General Plan, with revisions to address some changed conditions over the past two years. It includes revisions and additions to the Scope of Services, a schedule, our cost proposal, and a summary of assumptions on which the cost proposal is based.

REVISIONS AND ADDITIONS TO THE

SCOPE OF SERVICES
This scope includes revisions to Task 1 found in PlaceWorks’ existing contract for the project, and it includes new Tasks 12, 13, 14 and 15 to complete the Revised Draft General Plan, Climate Action Plan, and Revised Draft Environmental Impact Report.

Startup and Project Management

1.6 Ongoing Communication
PlaceWorks will continue to provide regular project status calls with City staff to maintain close, effective communication between project team members.

1.7 Project Management
PlaceWorks will continue to manage the consultant team and coordinate on a day-to-day basis with City staff.

1.8 Website Maintenance
PlaceWorks will continue to maintain the existing www.Hollister2040.org website. This task assumes approximately two hours per month for up to 9 months for ongoing updates and website posts; it does not include significant redesign or restructuring of the www.Hollister2040.org website.

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2025 Draft General Plan

12.1 Administrative Draft General Plan
PlaceWorks will update the first Draft General Plan originally prepared in 2023 to reflect direction provided by the City Council in April 2025. This direction included reverting back to the 2023 General Plan with the following additions:
• Use the 2024 General Plan designations for the Meridian Road area. • Incorporate the 2024 North Gateway Mixed-Use land use designation modification, allowing both commercial and residential uses. • Incorporate Action AC-4.2 from 2024 General Plan: "Public Art Fee. Prepare a study that evaluates and compares potential public art fee programs to be paid by new development that establish new publicly accessible art." • Add an action in the Land Use Element to consider amending the already adopted Inclusionary Housing Ordinance to go to 20 percent.
• Update the Safety Element to reflect the new Very High Fire Hazard Severity Zone and assist the City with the CAL FIRE review process.

PlaceWorks will review each element of the Draft General Plan and update as needed to ensure consistency with the updated General Plan Land Use Map and Council policy direction. PlaceWorks will also update all figures to reflect the updated City Limits and Sphere of Influence boundaries. PlaceWorks will submit an Administrative Draft General Plan for City staff review and comment.

To conform with State law passed since 2023, this task will include the following additional items:

Senate Bill 1425 and Assembly Bill 1889 Open Space Requirements PlaceWorks will update the Natural Resources Element to reflect Senate Bill 1425 and Assembly Bill 1889 which requires jurisdictions to plan ensure equitable access to open space, speak to the co-benefits of open space in relation to climate change, rewilding opportunities, and wildlife connectivity.

PlaceWorks will review publicly available resources to identify and analyze wildlife and habitat connectivity and determine how the General Plan’s existing goals, policies and actions address the topics identified in AB 1889. It is assumed that this research and documentation will be performed by PlaceWorks and will not require a specialized biological resource subconsultant. PlaceWorks will also consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the City’s jurisdiction, and any open-space district that owns lands designated for conservation within the City.

The result of this exercise will be a memo with recommendations of topics for new policies that could address habitat connectivity, such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards.

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With City staff approval of the topics to be addressed in new policies, PlaceWorks will prepare an administrative draft of the updated goals, policies and actions to address AB 1889.

Assembly Bill 747 Evacuation Assessment Requirement
Assembly Bill 747 (California Government Code Section 65302.15) requires jurisdictions to identify evacuation routes and their capacity, safety, and viability and evacuation locations under a range of emergency scenarios. PlaceWorks will expand our team to include Kittelson & Associates, Inc. (Kittelson) to lead this assessment in partnership with the City and PlaceWorks.

The evacuation assessment will provide an estimate of roadway capacity constraints during evacuations, potential impacts to the roadway network under evacuation scenarios, and changes in travel times associated with buildout of the General Plan. It will meet the requirements outlined in Assembly Bill 747, specifically requiring agencies to evaluate the resiliency of their transportation system and capacity of evacuation routes. The evaluation will also consider the California Office of the Attorney General’s “Best Practices for Analyzing and Mitigating Wildfire Impacts of Development Projects Under the California Environmental Quality Act” from October 2022 and the Governor’s Office of Land Use and Climate Innovation “DRAFT Evacuation Planning Technical Advisory” from April 2023.

PlaceWorks will incorporate the assessment’s findings and recommendations into the Safety Element.

12.2 2025 General Plan Buildout Projections
PlaceWorks will redistribute the buildout from the 2025 General Plan buildout to the 2023 General Plan Land Use Map. These calculations to be used in preparation of the General Plan itself, the CAP and the EIR Addendum. We will use the same methodology for this calculation as we used for the two prior drafts of the General Plan.

PlaceWorks will prepare a draft set of revised buildout numbers, make any changes needed, and provide staff with an opportunity for a final review before using those numbers as the basis for work on both the CAP and the EIR Addendum.

12.3 Screencheck Draft General Plan
PlaceWorks will incorporate City staff comments on the Administrative Draft General Plan and produce a Screencheck Draft General Plan for City review.

12.4 Draft General Plan
PlaceWorks will incorporate City staff comments on the Screencheck Draft General Plan and produce a Public Review Draft General Plan.

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12.5 State Agency Review
PlaceWorks will coordinate public agency review of the Safety Element during the public review period for the General Plan. This review will include coordination with the Governor’s Office of Emergency Services, the Governor’s Office of Land Use and Climate Innovation (formerly the Office of Planning and Research), the Department of Conservation, and CAL FIRE staff for the Board of Forestry review required by California Government Code Section 65302(g).

The CAL FIRE / Board of Forestry coordination will include review of the Safety Element by CAL FIRE staff informally, a recommendation from CAL FIRE staff to the Board of Forestry, and formal review by the Board of Forestry during a public meeting of the Resource Protection Committee. PlaceWorks staff will prepare a CAL FIRE checklist for the Safety Element, participate in meetings with CAL FIRE staff, and one member of the project team will participate virtually in one meeting of the Resource Protection Committee. 2025 Climate Action Plan
PlaceWorks will update the Climate Action Plan, adopted in December 2024, to reflect the changes to the General Plan as directed by the City Council in April 2025. The proposed changes to the General Plan will result in changes to the assumptions supporting the CAP’s forecasts of GHG emissions for future years. Changes to growth forecasts for population, households, jobs, and vehicle miles traveled (VMT) will result in changes to GHG emissions.

The revised CAP will present the forecasted cumulative GHG emissions from proposed buildout of the City and will have the potential to serve as a CEQA-qualified GHG reduction strategy which could streamline GHG emissions review of new projects subject to CEQA.

The growth assumptions in the CAP will be consistent with the proposed buildout of the revised General Plan.

PlaceWorks will also conduct a focused update of the CAP to ensure consistency with the updated General Plan and State regulations and guidance at the time of preparation.

13.1 Update AMBAG Community-wide GHG Emissions
Inventory
The adopted CAP includes community-wide GHG emissions inventories for the calendar years 2005 and 2019. The 2005 emissions inventory is important for target setting and serves as the “baseline year” for the CAP. The 2019 emissions inventory serves as the existing conditions analysis year for the CAP and General Plan.

Given that several years have passed since the City has inventoried GHG emissions, the CAP update will include a community-wide GHG inventory for a more recent year in addition to the 2005 and 2019 inventories. Preparation of a more recent inventory will support revisions to the GHG reduction strategies (Task 13.3). To leverage existing work and expenditure of public resources, PlaceWorks will review and update or expand on the most recent GHG emissions inventory available from AMBAG. The update will ensure that the recent year inventory includes the same sectors or sources of GHG emissions and follows the same method used for the 2005 and 2019 inventories. PlaceWorks will provide

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the detailed inventory in an Excel spreadsheet and summarize the results in a memo. We will provide draft and final versions of the inventory.

13.2 Update Greenhouse Gas (GHG) Emissions Forecasts
PlaceWorks will update the General Plan buildout assumptions in both the General Plan and CAP. Changes to the buildout and VMT will result in changes to the GHG emissions forecasts. PlaceWorks will update the GHG forecasts for 2030, 2045, and 2050 based on both the buildout projections completed in Task 12.2 and the traffic analysis conducted in Task 14.3. This will result in updates to the GHG reduction targets and the quantification of all State and local strategies and actions in the CAP. In addition to updating the buildout assumptions, PlaceWorks will also update the reduction assumptions for State policies or programs that have changed since adoption of the CAP, either in response to changes in rulemaking by a State or federal agency, judicial decisions, revised budget commitments, or other changes. PlaceWorks will update the forecast and quantification Excel workbooks and summarize the results in a memo for City staff review and discussion.

We believe that these changes are likely to result in GHG emission levels higher than projected in the adopted CAP, which will result in a gap between projected emissions and emissions reduction targets. The City’s targets are to reduce GHG emissions 40% below 1990 levels by 2030 and 80% below 1990 by 2045, on path toward carbon neutrality.

13.3 Update GHG Reduction Strategies
PlaceWorks will update the GHG reduction strategies found in the current CAP to reflect the new buildout assumptions and GHG emissions forecasts completed in Task 13.2.

To address the expected gap between projected emissions and emissions reduction targets described in Task 13.2, PlaceWorks will review the GHG reduction potential and assumptions for each climate action strategy in the adopted CAP and revise performance assumptions to reflect best practice and current regulations and guidance.

PlaceWorks will share the results of this review with City staff. If a gap to target achievement remains, PlaceWorks will next identify opportunities to modify existing CAP strategies and actions or add new CAP strategies and actions to achieve greater community-wide GHG reductions.

Following City staff’s confirmation of revisions to CAP strategies and actions, PlaceWorks will conduct a second round of quantification updates and review results with City staff.

PlaceWorks will provide results in an Excel workbook and summary memo.

The goal of this task will be to provide climate action strategies and actions that have the potential to achieve the city’s GHG reduction targets. However, it is possible that target achievement might not be feasible due to the City’s resources and/or changes in supportive State, federal, and regional resources.

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13.4 Prepare Administrative Draft CAP Update
Following the updated technical analyses of community-wide GHG emissions and GHG emissions reduction strategies, PlaceWorks will prepare an update of the CAP. PlaceWorks anticipates updating text, tables, figures, and supporting graphics throughout the CAP and its technical appendices to reflect the updated technical analyses. PlaceWorks does not anticipate changes to the CAP document template or outline. PlaceWorks will provide an Administrative Draft of the CAP Update in track changes and without tracked changes for the City’s review. PlaceWorks will meet with City staff to review questions, comments, and requests for revisions.

13.5 Prepare Screencheck Draft and Public Review Draft CAP PlaceWorks will incorporate City staff comments on the Administrative Draft CAP and produce a Screencheck Public Review Draft CAP for City review.

13.6 Prepare Public Hearing Draft CAP and Final CAP
Following the completion of the public review period, PlaceWorks will review public comments and discuss requests for revisions to the CAP. PlaceWorks will incorporate revisions as directed by City staff into a Public Hearing Draft CAP for review by the Planning Commission and City Council. PlaceWorks will support staff with preparation of the CAP adoption resolution and staff reports for public hearings.

Following adoption of the General Plan and CAP Update, PlaceWorks will create a Final CAP for distribution and archiving.

13.7 CAP Coordination and Meetings
This task includes management and coordination of the CAP update. Updates to the CAP will require coordination with City staff and the PlaceWorks teams working on the General Plan update and environmental analysis. PlaceWorks will meet regularly with the General Plan Update project team and City staff during the update process.

13.8 Prepare CAP Consistency Checklist
The CAP includes several actions that apply to new development and also provides an opportunity for qualified development projects to benefit from its GHG analyses and environmental review. A CAP Consistency Checklist allows project applicants to demonstrate their project’s consistency with CAP strategies and actions. The checklist also provides transparency to the project review process and supports City staff with monitoring and reporting for CAP implementation.

PlaceWorks will prepare a CAP Consistency Checklist for City staff, which will include preparation of an administrative draft, draft, and final versions. This task includes meetings with planning and building department staff to review the approach, design, and content

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of the checklist and to ensure ease of use by City staff and project applicants. The checklist will be provided as a Word or Excel document.
2025 Environmental Review
As described below, the PlaceWorks team will analyze the modified General Plan and CAP prepared in Tasks 12 and 13 to assess whether new impacts are created beyond those identified in the General Plan EIR certified in October 2024 and to ensure that none of the conditions in CEQA Guidelines Section 15162 or Section 15163 requiring the preparation of a Subsequent EIR or Supplemental EIR, respectively, have been met.

Assuming that there are no new impacts and no triggers requiring a Subsequent EIR or Supplemental EIR, then PlaceWorks will prepare an Addendum to the certified General Plan EIR. If PlaceWorks finds that an Addendum is not advisable, we will work with the City to determine a scope and additional budget for a Subsequent or Supplemental EIR, as appropriate.

14.1 Project Description
PlaceWorks will work with City staff to draft and refine a Project Description based on the revised General Plan, CAP, and Agricultural Lands Preservation Program (ALPP). Upon review and approval by City staff, the Project Description will be distributed to the PlaceWorks team for reference and folded into the Addendum.

14.2 Tribal Outreach
PlaceWorks will request a current list of tribes from the Native American Heritage Center (NAHC). PlaceWorks will PlaceWorks will prepare draft tribal outreach letters to the list of tribes provided by the NAHC. Draft tribal outreach letters will be submitted to the City for finalization and inclusion on City letter head. PlaceWorks assumes that this government- to-government consultation will be led by the City and that the outcome of those discussions will be provided to PlaceWorks for inclusion in the Addendum.

14.3 Technical Analysis
This task assumes the worst-case scenario that the proposed modified project would result in significant changes to vehicle miles traveled (VMT) and travel patterns, thereby also requiring air quality, GHG emissions, and/or noise remodeling. In the instance these changes are minimal and no air quality, GHG emissions, and/or noise remodeling is required, costs would be reduced by approximately $20,000.

Transportation
Kimley-Horn will revise one land use alternative that represents differing levels of managed growth within the City. The spatial allocation of growth including specific land use types will be developed in cooperation with the City and PlaceWorks. The land use information provided by the City and PlaceWorks will be the basis for updating the Traffic Analysis

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Zones (TAZ) inputs included within the current General Plan version of the AMBAG Travel Demand Model (AMBAG TDM) that will subsequently be used to develop traffic forecasts and VMT estimates as required by the Monterey Bay Air Resources District.

Kimley-Horn will update the roadway network within City boundaries for the City of Hollister specific version of the current AMBAG TDM if any additional roadway projects are proposed. Kimley-Horn will compare the volume difference between the current horizon year model traffic volumes and the revised horizon year model traffic volumes. This comparison will be used to determine if the level of service (LOS) analysis is deemed necessary for the proposed General Plan land use updates.

Kimley-Horn will conduct the VMT analysis using the updated land use assumptions. The revised VMT analysis will assess how changes in land use types, intensities, and distributions influence VMT generation within the EIR Study Area. The updated VMT estimates will be compared against previous results to identify changes and evaluate consistency with applicable VMT thresholds and General Plan goals. In addition, the analysis will evaluate how modifications to the land use mix affect travel patterns, including shifts in trip lengths and distributions for both internal trips within the City and external trips entering or exiting the City. This assessment will help identify the extent to which the new land use configuration promotes more localized travel and reduces regional trip- making.

Air Quality, GHG Emissions, and/or Noise
Depending on the results of the VMT analysis, remodeling of air quality, GHG emissions, and/or noise may be required. If necessary, PlaceWorks will conduct new analyses of these environmental factors based on the updated VMT estimates, and a quantitative analysis will be provided in the Addendum.

14.4 Administrative Draft Addendum
PlaceWorks will prepare an Addendum to the General Plan EIR, which will qualitatively describe how impacts associated with the proposed modified project are accounted for in the General Plan EIR. It will include a discussion that compares the approved General Plan analyzed in the General Plan EIR to the proposed modified project using the Environmental Checklist. The analysis for each environmental issue area will describe the impact conclusions for each environmental threshold identified in the General Plan EIR (including mitigation strategies adopted as part of the General Plan EIR) and evaluate if the adoption and implementation of the proposed modified project would result in new or more severe impacts compared to what was evaluated in the General Plan EIR.

The Addendum will include the following sections:
 Introduction: The introduction will summarize the proposed modified project and its relationship to the previous environmental analyses. This section will reference State CEQA Guidelines and case law to demonstrate why the Addendum is the appropriate environmental review document.
 Project Description: The refined Project Description prepared in Task 14.1 will be included in the Addendum.

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 Environmental Analysis: The Addendum will include qualitative discussions for each of the CEQA-required topical areas, referencing the conclusions in the General Plan EIR, wherever possible, for the conclusions in the Addendum.

The City will act as a clearinghouse for comments and will provide PlaceWorks with one set of comments on the Administrative Draft Addendum. As part of our regularly scheduled meetings PlaceWorks will meet with reviewers to discuss comments on the Administrative Draft Addendum.

14.5 Screencheck and Final Addendum
After receipt of a consolidated, internally reconciled set of City comments on the Administrative Draft Addendum, PlaceWorks will revise the document and prepare a Screencheck Draft Addendum for the City’s final review. After receipt of a consolidated, internally reconciled set of the City’s final comments, PlaceWorks will prepare the Final Addendum.

14.6 Notice of Determination
Within five days of approval of the project, PlaceWorks will prepare the Notice of Determination (NOD) to be filed by the City at the County Clerk’s Office. PlaceWorks will submit the NOD to the State Clearinghouse via CEQAnet. Our scope of work does not include any filing fees required pursuant to the County Clerk. Note, the Addendum will not require payment of the required California Department of Fish and Wildlife fees. 2025 Public Review and Adoption
In this task, PlaceWorks will shepherd the revised General Plan, CAP and EIR Addendum through the adoption and certification process, prepare final versions of the documents, and provide the City with tools to implement the General Plan.

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15.1 Certification and Adoption Hearings
PlaceWorks will attend one hearing with the Planning Commission and one hearing with the City Council to review and adopt the EIR Addendum and to then review and adopt the General Plan and CAP.

15.2 Final Documents
Once the General Plan is adopted, PlaceWorks will create a Final General Plan and CAP for distribution and archiving. PlaceWorks will submit the native files and PDFs of the final documents. As part of this submittal, PlaceWorks will also provide the final GIS shapefiles.

S CHEDULE
As shown in Figure 1, PlaceWorks anticipates this scope of work will take approximately 9 months to complete. Assuming a start date of June 9, work would be completed by the end of February 2026, unless unforeseen delays occur.

COSTS
As shown in Table 1, PlaceWorks’ estimated cost to complete this scope of services is $431,319.

Our current contract authorization still has approximately $150,000 remaining in it.

The contract amendment to cover this scope of services comes to the difference between these two amounts, which is $281,319.

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FIGURE 1 - SCHEDULE

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TABLE 1 – COST TABLE

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ASSUMPTIONS
This scope of work and cost estimate assumes that:
• Billing rates for this project are guaranteed through December 2026. Billing rates would be subject to an increase of up to 6 percent on January 1, 2027, and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 1, 2027.
• PlaceWorks will send an invoice for work completed each month. The invoice will show hours worked by labor category, billing rate, and total by labor category plus subconsultants and reimbursable expenses. Special invoicing requirements may necessitate an additional fee.
• Our cost estimate includes the meetings shown above. Additional meetings would be billed on a time-and-materials basis. The Principal-in-Charge will attend all project meetings, public workshops and other public meetings. Each project meeting will last up to two hours. Subconsultant team members could also attend additional meetings or hearings for an additional cost based on time and materials.
• No more than 40 hours of PlaceWorks staff time will be required to respond to comments on the EIR. If additional labor is necessary, a contract amendment allowing additional work will be necessary.
• City of Hollister staff will act as a clearinghouse for comments on all administrative draft documents, and will provide PlaceWorks with a single, internally reconciled set of comments on each administrative draft. • There will be a single round of intensive review and revision to each administrative draft product prior to the screencheck draft. If City of Hollister staff feels that a second administrative draft is needed, a contract amendment allowing additional work will be necessary.
• Revisions to screencheck drafts will focus on typographical errors, formatting and other minor edits. Such revisions will not include content changes. • PlaceWorks will use Microsoft Word and/or Adobe InDesign for page layout of reports, plans, and similar documents. Additional software such as Adobe Illustrator, Adobe Photoshop, ArcGIS and AutoCAD will be used to create illustrations, maps, diagrams and other graphics.
• All products will be submitted to City of Hollister in their native file format (ex.

Word, InDesign, etc.) and electronic (PDF) format.
• PlaceWorks will submit two color printed and bound copies of the final General Plan, CAP, and EIR.
• PlaceWorks will not be responsible for designing and mailing notices for public meetings.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Public Works-2025-37

AGENDA ITEM: A RESOLUTION AWARDING A JANITORIAL CONTRACT TO EXECUTIVE FACILITIES SERVICES INC. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, ANY AMENDMENTS, AND ALL

OTHER RELATED DOCUMENTS

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

RECOMMENDED ACTION: Approve a resolution awarding a janitorial contract to Executive Facilities Services, Inc. and authorizing the City Manager to execute the agreement, any amendments, and all other related documents.

DISCUSSION: On February 21, 2025, Public Works issued a Request for Proposals (RFP) for janitorial services. A site tour was conducted on March 21, 2025, to give the potential proposers the opportunity to view the buildings and formulate any questions they may have. Questions were received until March 28, 2025, to allow any potential proposers to gain any clarifications about the RFP, the buildings, the process, and any other items needed to provide a responsive and responsible proposal.

A total of nine (9) proposals were received and evaluated by three (3) City staff members.

The evaluation was conducted by reviewing the proposals and scoring each using the following criteria: Experience, completeness and quality of the proposal, available resources to complete tasks, and pricing. These criteria were weighte d with experience the highest (40 points), then pricing (25 points), resources (20 points), and proposal (15 points), for a total possible of 100 points. The scores of the three raters were then averaged and a final score was given to each proposal. A pass ing score of 80 was set to narrow down the list of potential candidates and six (6) of the nine (9) proposals passed this mark. Executive Facilities Services Inc. scored the highest with an average score of

91.33 points.

FISCAL IMPACT: The cost of janitorial services is currently budgeted in each department’s budget and the increased cost of this new contract is minimal.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

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

ATTACHMENTS:

1. Resolution

2. Agreement

3. Executive Facilities Services, Inc. Proposal

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Page 1 of 2 ends

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AWARDING A CONTRACT FOR JANITORIAL SERVICES TO
EXECUTIVE FACILITIES SERVICES, INC. AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT, AMENDMENTS,
AND ALL ASSOCIATED DOCUMENTS.

WHEREAS, City Staff issued a Request For Proposals (RFP) for Janitorial Services on February 21, 2025; and

WHEREAS, proposals were received until April 25, 2025; and

WHEREAS, staff received nine (9) proposals; and

WHEREAS, three (3) staff members reviewed, evaluated, and scored each proposal; and

WHEREAS, the scoring criteria included experien ce, quality of proposal, available resources, and pricing, with a total possible score of 100; and

WHEREAS, the highest scoring proposal, with an average score of 91.33, was received from Executive Facilities Services, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby awards a contract for janitorial services to Executive Facilities Services, Inc. and authorizes the City Manager to execute the agreement, any amendments not to exceed $100,000 collectively, and all associated documents.

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

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 June 2, 2025, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and aff ixed the official seal of the City of Hollister on June 2, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Executive Facilities Services, Inc.

Central Coast – Inland Empire – Ventura County
Corporate Headquarters
1227 Flynn Road. Suite 307
Camarillo, CA 93012
Regional Office 1228
San Gabriel Ct.

Watsonville, CA 95076
844-780-2626 | Fax 951-346-3922 951 415-0799
www.execservices.biz
City of Hollister RFP: RFP-PW2025-1
For Citywide Janitorial Services
April 25, 2025
1Page 132 of 757

EXECUTIVE FACILITIES SERVICES, INC.

TABLE OF CONTENTS
Company Bios. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Contract Understanding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Statement of Responsibility (Signature Page). . . . . . . . . . . . . . . . . . . . . . . . . .3 Executive Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Contractors Background Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Company Profile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Contractor Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Project Staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Training Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Attachment B Certification of Non-Collusion . . . . . . . . . . . . . . . . . . . . . . . . 5 Customer Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Quality Assurance / Quality Control . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Additional Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 2 Cost Proposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

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Page - 10 - DRAFT Janitorial Services Agreement

ATTACHMENT A

STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-- responsive.

Contractor Authorized Representative
Company Name: Date:

Representative:

Title:

Phone:

Address:

Federal Tax ID:

RFP Contact Information (if different than above)
Contact Person:

Title:

Phone:

Email Address:

Certifications:

1.Do you agree to comply with specifications, RFP instructions, draft contract requirements and other pertinent references contained in this RFP? □YES □NO

2.Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120 days after the proposal is opened?
□YES □NO

3.Do you certify that all statements in the proposal are true? This shall constitute a warranty, which if falsified, shall entitle the City to pursue any remedy authorized by law, and shall include the right, at the option of the City, of declaring any agreement made as a result thereof to be void.
□YES □NO
Executive Facilities Services, Inc. 4/09/25
Jim Ferraro
Company Owner
844-780-2626
1228 San Gabriel Ct. Watsonville, CA 95076
52-2445448
RJ Storm-Larsen
Director of Business Development
805-705-4195
[email protected]
X
X
X
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Page - 11 - DRAFT Janitorial Services Agreement

4.Do you agree to provide the City with any other information the City determines is necessary for accurate determination of your qualifications to provide services? □YES □NO

5.Do you agree that the proposal amount includes all costs incident to the proposed contract?
□YES □ NO
To the best of my knowledge and belief, the information provided in this initial determi nation of responsibilities is true and correct.

Authorized Representative :
(printed name)
Signature:

Date:

X
X
Jim Ferraro
4/09/25
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ATTACHMENT B

CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalty of perjury, that this proposal has been made in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Name of Proposer
Date
Executive Facilities Services, Inc.

Signature of Authorized Representative
04/09/25
5Page 136 of 757

April 25, 2025
Mr. William ViaPublic Works Director1321 South Street Hollister, CA 95023 Dear Mr. Via,
Thank you for allowing Executive Facilities Services, Inc. (EFS, Inc.) the opportunity to present to you and your team for consideration our cost and service proposal in response to the RFP: RFP-PW2025-1 Citywide Janitorial Services.

Since 2004, EFS Inc. has worked very hard to establish a track record of meeting and exceeding our clients’ expectations every day. The quality of our nightly janitorial and additional facility services, the expertise of our staff, the performance of our front-line employees, and our excellent ongoing communications with our clients separate us from our competitors.

Our Service Proposal specifically addresses each of the items identified in the Request for Proposal identified on pages 5 through 7. EFS, Inc.’s Service Proposal clearly defines our experience and qualifications, provides evidence of responsibility and references, key personnel, work plan, communication plan, quality control process along additional services we perform for our clients.

EFS, Inc. has extensive experience in providing a variety of services for our long-term partners such as Dignity Health in Santa Cruz, the Superior Court of California, County of San Benito, the City of Capitola, and Watsonville’s St. Francis High School. With each client, EFS, Inc. provides extensive services for their community centers, police departments, city halls, public works yards, wharfs, and historical buildings.

Each site has different environmental regulatory requirements, scope of works, and servicing time requirements that are similar to the services outlined in RFP: Citywide Janitorial Services.

Having been in the service industry for over 40 years, I have learned that what matters most to current and potential new clients is a quality service that exceeds expectations and is provided at a cost-effective price.

Essentially, Price and Service.

I know from strategically growing EFS, Inc. for the last 21 years that we may not be the lowest-cost service provider providing a cost proposal to The City of Hollister and we fully understand the reason behind this.

We suspect that your current service provider is utilizing independent contractors and would unknowingly put the City of Hollister in violation of Assembly Bill 5. In these cases, the service provider’s independent contractors do not have to carry workers’ compensation insurance. If an employee of the independent contractor is injured onsite, they could turn to the City of Hollister for a claim.

I continue to see both the public and the private sector ignore AB 5 and Labor Code 2775-2787 and I have witnessed some of the negative consequences of doing so. Executive Facilities Services, Inc. is in complete compliance with all State of California labor laws and codes including California Assembly Bill 5 and Labor Code section 2776 which covers business-to-business contracting for janitorial services.

The State of California has attempted to address this issue via Assembly Bill 5. (Please see attached letter from EDD dated December 13, 2019, regarding Assembly Bill 5.) EFS, Inc. knows that to attract, train, and retain quality employees, our base hourly wage will begin at $16.50 per hour, the State of California’s minimum wage. EFS, Inc. is focused on retaining and investing in each of our employees as we know they are the foundation for our success and reputation in the industry. EFS, Inc. provides health benefits and savings programs for each of our employees demonstrating our commitment to our front-line workforce.

EXECUTIVE SUMMARY
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With a strategically staffed facility located in Watsonville, CA, EFS, Inc. is positioned for quick responses to ongoing, last-minute emergencies brought to us by our clients throughout Monterey, San Benito, and Santa Cruz counties. Our Watsonville location alone provides quality nightly janitorial, carpet cleaning, window and upholstery cleaning, hard floor services, and disinfecting services for our clients.

Our four operating locations in Southern and Central California currently service approximately seven million square feet of cleanable space per night with a labor pool of over 280 employees.

EFS, Inc. will only hire employees locally to service this contract. This keeps tax dollars local and encourages spending within the City of Hollister.

We currently employ over 40 individuals within Monterey, Santa Cruz, and San Benito counties. The density of our client sites also allows us to increase our employees’ nightly labor hours and provide a higher standard of living. EFS, Inc. will not utilize subcontractors to complete the work outlined in the scope of work for the City of Hollister.

EFS, Inc. has built a strong regional presence across Monterey, San Benito, and Santa Cruz counties, earning a reputation for excellence and reliability. With a proven track record of success, the company consistently delivers high-quality services that meet the needs of its clients. EFS, Inc. is dedicated to maintaining long- lasting relationships through its commitment to professionalism, expertise, and innovative solutions, making it a trusted regional leader.

At all EFS, Inc. operating locations, we consistently maintain the correct number of staff members, front-line employees, and casual labor to meet our clients' ever-changing needs. Most importantly, our ongoing front- line employee training and monitoring allow us to efficiently meet and/or exceed your facility’s needs.

We look forward to having a future opportunity to work closely with the team at the City of Hollister.

EXECUTIVE FACILITIES SERVICES, INC.

Jim Ferraro
Company Owner
Executive Facilities Services, Inc.
6865 Weaver St.

Riverside, CA 92504
Office: (844) 780-2626
Cell: (909) 815-0144
Fax: (951) 346-3922
Email: [email protected]
RJ Storm-Larsen
Director of Business Relations
Executive Facilities Services, Inc.
6865 Weaver St.

Riverside, CA 92504
Office: (844) 780-2626
Cell: (805) 705-4195
Fax: (951) 346-3922
Email: [email protected]
47Page 138 of 757

EXECUTIVE FACILITIES SERVICES, INC.

A path of strategic and sound growth
Over the years, EFS, Inc. has grown significantly through acquisitions and by adding new clients. The following is a list of acquisitions that have taken place in the last five years and a few of the resulting impacts upon our operations:
•Acquired Excellent Building Maintenance (January 2014), White Glove Professional Cleaning Services (October 2015), Best Janitorial Services (August 2017) and HMC Solutions (January 2021)
•Operates from four facilities and one satellite location to increase convenience and response times.
•Utilizes a computerized inventory system for all locations, maintaining an ample inventory at all times.
•Hired and trained six full-time Operations Managers, seven full-time Night Super- visors and numerous site-specific lead employees to ensure continuity and excellence of service.
•Established four floor care teams and three window cleaning teams.

CONTRACTOR'S BACKGROUND INFORMATION

COMPANY PROFILE
The experience and history of Executive Facilities Services, Inc. (EFS, Inc.), founded in 1981, is a testament to our ability to serve clients in a variety of business and building types throughout Southern and Central California. Jim Ferraro purchased the company, with nine clients covering 29 locations, from George Horokia in August 2004. EFS, Inc. has grown to serve more than 125 clients with 350 sites over the ensuing years. EFS, Inc. has a long history of providing janitorial, day porter, and disinfecting services for commercial clients, government, municipalities, and public agencies.

Initial actions taken by Jim Ferraro to enhance the infrastructure and strengthen the company’s capacity serve a greater number of clients while maintaining excellence, included:
•Established Executive Facilities Services, Inc. as a California corporation on August 4, 2004.
•Created an Employee Handbook (revised annually) as well as a Safety Manual and ongoing employee safety training program.
•Developed employee recruitment, training and performance evaluation programs to ensure continuity and quality.
•Established a long-term relationship with Imperial Dade Supply that enables consistency and quality of inventory.
•Upgraded all commercial cleaning equipment.
•Developed an annual business and financial planning model to ensure future viability.
•Developed a daily cash flow analysis model.
•Developed a financial stability and capacity to support controlled growth year over year
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EXECUTIVE FACILITIES SERVICES, INC.
•A proven ability to respond to emergency situations including COVID-19 disinfecting/deep cleans at client facilities. Certified to perform COVID-19 disinfecting services.
•Utilizes ONLY W-2 employees to perform services, does NOT use independent contractors and is NOT a franchised organization.
•In compliance with Assembly Bill 5 and registered with the Department of Industrial Relations.
•EFS, Inc. has earned a solid reputation and currently services 350 sites within Southern and Central California.
•Experience spans a range from commercial clients with a single location to school districts with multiple sites and everything in between. •Warehouse and office facilities in Riverside, Camarillo, Watsonville, and Orange County California.
•Clients have 24/7 access to company owner
•Maintains a large on-call labor force and all of our supervisors are English speakers. •Web based communication methods enable swift response times and employees working on site.
•Financially strong organization that maintains a two-week inventory of supplies in addition to client onsite inventories
•EFS, Inc. does not have litigation for any past or present projects undertaken.

Building a solid reputation through experience
Executive Facilities Services, Inc. is proud of our reputation as an organization known for providing excellent janitorial services. We have built long standing relationships with clients through professionalism, excellent communication, and exceptional customer service. Here are highlights of some of the clients and services we have been fortunate to serve over the years.
•2004 to present: Provide janitorial and additional facility services to San Bernardino County Superintendent of Schools for their 34 locations totaling more than 495,000 square feet of space.
•Spring 2005 to present: Provide nightly janitorial services for all 13 Provident Bank locations. Perform carpet and window cleaning, maintenance of hard floor surfaces and replenishment of all paper products and restroom materials. •September 2010: Provided emergency janitorial services for San Bernardino County Superintendent of Schools, Desert Mountain Region. Services provided at 20 locations within days of the request to the client’s complete satisfaction. •January 2014: Acquired Excellent Building Maintenance and assumed responsibility for the servicing of 10 Conejo Recreation & Park District locations. Currently provide janitorial services for numerous outdoor restrooms and community centers in the City of Thousand Oaks. Responsible for restocking consumables, sanitizing restroom fixtures, wiping down mirrors, removing trash, and replacing liners. Performed additional services including emergency water extraction, hot water extraction carpet cleaning, maintenance of hard floor surfaces, window cleaning, and power washing.

COMPANY PROFILE
The EFS, Inc. advantage
Some of the many advantages that EFS, Inc. brings to the City of Hollister:
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EXECUTIVE FACILITIES SERVICES, INC.
•2014 to present: Initially serviced 10 Dignity Health Medical Foundation clinic locations in Ventura and Los Angeles counties, performing a combination of nightly janitorial, annual scheduled services, hard floor services, hot water extraction carpet cleaning, window washing, construction clean-up, and disinfecting services. Beginning September 2018, successfully responded by providing janitorial and carpet/floor services for 26 sites throughout Santa Cruz County. Continue to perform scheduled and emergency tasks to ensure that facilities adhere to the highest levels of clean-liness for patients, staff, and physicians. Complete a nightly cleaning checklist available to the site manager on a weekly basis.
•July 2020: Monterey Salinas Transit awarded EFS, Inc. the contract to provide janitorial services, and additional services for 7 sites throughout the Salinas and Monterey area.

EFS, Inc. performing a combination of nightly janitorial, annual scheduled services, hard floor services, hot water extraction carpet cleaning, window washing, construction clean-up, and disinfecting services.
•December 2021 to present: The City of Costa Mesa awarded EFS, Inc. the contract to provide services for 11 locations totaling 208,689 square feet and 13 parks across the City. EFS, Inc. was chosen over the incumbent janitorial provider due to its detailed response, and work plan strategy to operate and manage all of the aspects of the scope of work that was provided in the request for proposal. At each location EFS, Inc. provides nightly janitorial services, along with carpet cleaning, hard floor services, and window cleaning services.
•June 2022 to Present: PennyMac Financial awarded EFS, Inc. the contract for night janitorial, dayporter services, carpet cleaning, hard floor services, and window cleaning services for four of its locations throughout Ventura County. EFS, Inc. and PennyMac partnered in creating their standard procedure, adjusting their scope of work to fit their needs, and improved the on site equipment to bring the overall standard of the building to exceed expectations.
•April 2023 - Present: The City of Banning awarded EFS, Inc. the agreement for janitorial services at all city facilities, including the Police Department, Public Works, City Hall, Senior Center, and Community Center. EFS, Inc. provides nightly janitorial, carpet cleaning, hard floor services, and window cleaning services. •March 2024 - Present: The Superior Court House of San Benito County awarded EFS, Inc. the contract to provide nightly janitorial services, carpet cleaning, hard floor services, and window cleaning services. for its court house. EFS, Inc. performed the necessary background checks with each of its employees to ensure that each employee adhered to the high security requirements of the court house. •December 2024 - Present: The City of Capitola awarded EFS, Inc. the contract to provide nightly janitorial, carpet cleaning, hard floor services, window cleaning services. and trash removal services for all city facilities. EFS, Inc. responded to a request ot provide emergency services as the previous service provider was unable to perform the services of the agreement.

Experience (continued)
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EXECUTIVE FACILITIES SERVICES, INC.

COMPANY PROFILE

INLAND EMPIRE FACILITY
San Bernardino, Orange, Riverside, and
San Diego County

VENTURA COUNTY
San Luis Obispo, Santa Barbara,
Ventura, and Los Angeles County

CENTRAL COAST FACILITY
Santa Clara, Santa Cruz, San Benito,
and Monterey County
Service Area
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EXECUTIVE FACILITIES SERVICES, INC.

CONTRACT UNDERSTANDING

PROJECT SCHEDULE/WORK PLAN
for Night Janitorial, Day Janitorial and Additional Services In order to fully develop our approach to servicing the City of Hollister's facilities, EFS, Inc. will develop a Project Schedule/Work Plan. We have found this tool to be the most successful for ensuring excellent service for new and existing clients. The Project Schedule/Work Plan is adhered to by all members of our team. This Project Schedule/ Work Plan was developed and has been tested by Jim Ferraro, Company Owner, who is actively involved in all aspects of the business. We view our Project Schedule/Work Plan as a "living document" that continues to evolve based upon our clients’ site-specific requirements.

All of our Operations Managers, Supervisors, site-specific lead employees, on-site employees, and support staff play a role in our Project Schedule/Work Plan. If EFS, Inc. is awarded the contract to provide janitorial services at all of the City of Hollister's buildings, a detailed Project Schedule/Work Plan for each location will be developed.

EFS, Inc.’s Project Schedule/Work Plan will strictly adhere to the scope of services that has been provided in the Request for Proposal for janitorial services for all the City of Hollister's facilities.

The Project Schedule/Work Plan will also include the site-specific needs and/or requirements that are identified during our initial site visits with a representative from the City of Hollister in order to understand all needs. We have learned from experience that this additional information is vital to a successful startup of services and for a seamless start-up for our clients.

It all begins with an initial meeting with the appropriate City of Hollister representatives and the EFS, Inc. management team to thoroughly review and discuss all aspects of the scope of work. If EFS, Inc. is awarded the contract, we will work closely with the City of Hollister staff to ensure that each location has been thoroughly cleaned and disinfected nightly.

Our Project Schedule/Work Plan will enable EFS, Inc. to create a detailed plan for performing the janitorial services that are required as per the Request for Proposal and scope of services that has been provided by the City of Hollister.

Through our 20 years of experience, this process allows us to monitor, schedule, and perform regular additional services effectively and with little interruption to our clients.

Performing additional services at each location on a semi-annual schedule will provide the City of Hollister with janitorial services that exceed their staff and residents expectations.

EFS, Inc. clearly understands the importance of providing thorough janitorial services for these locations and maintains the same attention to detail day in and day out to ensure that the City of Hollister staff and citizens can be confident that the areas they are visiting have been cleaned properly.

Robert Ornelas, Operations Manager/Account Manager, will serve as the main point of contact and Account Manager for the City of Hollister and its staff. Robert Ornelas will be supported by Jim Ferraro, our management team members, and our administrative staff throughout the life of the contract. Robert Ornelas possesses excellent communication skills, and he has learned that ongoing communication is one of the keys to success in the service industry.
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EXECUTIVE FACILITIES SERVICES, INC.
•EFS, Inc. company owner leads the development of the Project Schedule/Work Plan required for each client and each site.
•It clearly defines hours and work to be performed to ensure that the provision of EFS, Inc. services are most convenient for the client’s operations. •It reflects the scope of services provided in the Request for Proposal. It will also include the site-specific needs and/or requirements identified during initial site visits. This information is vital to a successful and seamless startup of services. •A "playbook" is developed for each client site. It includes laminated pages consisting of the scope of services and work plans, floor plans, property maps (if needed), emergency contact numbers, and any additional necessary information identified during our initial site visits.
•A proposed Project Schedule/Work Plan is included with this proposal and would be refine and implemented if EFS, Inc. is awarded this contract. •EFS, Inc. has included the Scope of Services provided in the RFP as an acknowledgment of the services listed, and to utilize the language within our Work Plan.

PROJECT SCHEDULE/WORK PLAN
Our administrative staff will play a vital role in the ongoing daily communication with the representatives of the City of Hollister and/or site-specific personnel.

Robert Ornelas and our Operations team will be responsible for the training of all new and existing EFS, Inc. employees that will be assigned to the City of Hollister locations listed in this Request for Proposal. Robert Ornelas has extensive experience in the managing and training of our supervisors, our lead employees, and our front-line employees.

Jim will be leading the development of the Project Schedule/Work Plan required for each site in the City of Hollister. Jim has extensive experience in the development of Project Schedule/Work Plan that are based upon the client’s scope of services. The integration of individual site needs that are identified during the initial site visit are then incorporated into the Project Schedule/Work Plan.
"Playbooks" are developed for each client site that we provide janitorial services for that has multiple locations. These books contain laminated pages consisting of the scope of services, Work Plans, floor plans, property maps (if needed), emergency contact numbers, local authority phone numbers, and any additional information we identify as necessary during our initial site visits. We use our "Playbook" daily, performing functions such as employee training, site inspections by our supervisors, ongoing monitoring of quality control, site visits with our clients, and performance of janitorial services.

If EFS, Inc. is awarded this contract, the following Project Schedule/Work Plan would be included in our "playbook" for each site. Planning for a short window start-up period will require detailed planning and implementation according to the Project Schedule/Work Plan. We realize that all parties will need to be flexible enough to respond to the challenges that may arise.

A detailed Project Schedule/Work Plan is developed for each Executive Facilities Services, Inc. client and location. It is a "living document" that continues to evolve based on client’s site-specific requirements.
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CITYWIDE JANITORIAL SERVICES

EXHIBIT A
Scope of Services
Services and Supplies: Contractor agrees to provide all labor, materials, and equipment needed to perform the specified services. City will provide Contractor with replacement light bulbs, trash liners, and restroom supplies such as toilet paper, paper towels, hand sanitizer, and hand soap. Contractor’s materials and equipment are not to be stored at City Facilities.

SERVICE SCHEDULE FOR THE FOLLOWING BUILDINGS:

City Hall, Animal Shelter, Police Department, and Community Center Daily services (5 times per week, Monday-Friday)
•Collect and remove all trash from office(s).
(Empty trash containers in appropriate waste receptacles; lock receptacles). •Collect recycling from all recycling (blue) containers inside the entire building and place the recycling materials in the outside recycling bins. Contractor to ensure to place only recycling in the outside recycling bins; trash is to be kept separate from recycling.
•Empty and clean all ashtrays located in the front outside of buildings. •Clean counter tops (front counters).
•Clean tables and counters in lunchroom.
•Spot clean doors, door frames, light switches, walls & partitions. •Spot clean carpets as needed.
•Spot clean glass entry doors/windows.
•Vacuum all carpeting in offices and reception areas.
•Sweep floors and mop all uncarpeted areas using disinfectant cleaner. •Empty shredders and dispose in recycle container (Lock when done). 14Page 145 of 757

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CITYWIDE JANITORIAL SERVICES
•Clean restrooms (see below)
•Perform high and low dusting on offices (baseboards, chair and table legs, windows, and door molding).

Restroom Services (per cleaning):
•Restock supplies for toilet paper, seat covers, paper towels, hand sanitizer, and hand soap (as needed)
•Empty trash containers and install new liners.
•Sweep floors prior to mopping and mop floors using disinfectant floor cleaner. •Spot clean baseboards, walls, partitions, and doors
•Scrub all toilets and urinals.
•Polish mirrors
•Scrub sinks and polish metal fixtures.
•Clean or dust flat surfaces such as sinks and counters (whichever is needed). •Wring mop and remove water from mop bucket after each use •Contractor’s cleaning chemicals are not to be stored at City Facilities.

Weekly Services:

All the above and:
•Dust office furniture (top of desk, chairs, file cabinets and bookshelves), windowsill, ledges and other flat surfaces. Wipe down/clean water dispensers (coolers). Moved items shall be returned to their original location.

Monthly Services (includes restrooms services)
•Clean glass inside and out on front office glass doors/windows (public areas) •Clean doors, door frames, light switches, walls & partitions. •Clean and sanitize telephones.
•Sanitize desks (if desk is cleared).

SERVICE SCHEDULE FOR THE FOLLOWING BUILDINGS:

Public Works Department, Finance Department, Utility Office, Old City Hall, Airport Office/Restrooms.
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CITYWIDE JANITORIAL SERVICES
Bi-Weekly Service: (Twice weekly)
•Collect and remove all trash from office(s).
(Empty trash containers in appropriate waste receptacles; lock receptacles). •Collect recycling from all recycling (blue) containers inside the entire building and place the recycling materials in the outside recycling bins. Be sure to place only recycling in the outside recycling bins -keep trash separate from recycling. •Empty and clean all ashtrays located in the front outside of buildings •Clean counter tops (front counters)
•Clean tables and counters in lunchroom
•Spot clean doors, door frames, light switches, walls & partitions •Spot clean carpets as needed
•Spot clean glass entry doors/windows.
•Vacuum all carpeting in offices and reception area
•Sweep floors and mop all uncarpeted areas using disinfectant cleaner •Empty shredders & keep recycle items separate from garbage and dispose in recycle container (Lock when done)
•Dust flat surfaces (top of desks). Moved items shall be returned to their original location, to minimize complaints from each Department.
•Clean/wipe down water dispensers {coolers)
Restroom Services (per cleaning}:
•Restock supplies for toilet paper, seat covers, paper towels, hand sanitizer and hand soap
•Empty trash containers replace new liner
•Sweep floors prior to mopping - use disinfectant floor cleaner •Spot clean baseboards, walls, partitions, and doors
•Scrub all toilets and urinals
•Polish mirrors
•Clean sinks and polish metal fixtures
•Clean or dust flat surfaces such as sink counters (whichever is needed) •Squeeze out mop and remove water from mop bucket after each use •Contractor’s cleaning chemicals are not to be stored at the Hollister Airport or Recreation Center.
16Page 147 of 757

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CITYWIDE JANITORIAL SERVICES
\
Monthly Services
•Perform high and low dusting on office baseboards, table legs, and window and door moldings, file cabinets & bookshelves. Moved items shall be returned to their original location, to minimize complaints from each Department.
•Clean glass inside and out on front office glass doors/windows (public areas) •Clean doors, door frames, light switches, walls & partitions. •Clean and sanitize telephones.
•Desk sanitization (if desk is cleared).

SERVICE SCHEDULE FOR THE BRIGGS BUILDING AND POLICE SUBSTAION Parking Garage (3 times per week)
•Pick up garbage on the 1st, 2 nd, 3 rd, and 4 th level Elevator (1 time per week)
•Clean the threshold, tile interior windows inside and outside glass panel of the elevator door.

Police Substation (including hall to restrooms) (2 times per week) •Dust windowsill-ledges and desks.
•Sweep and mop all tile floor areas.
•Clean baseboards, walls, and doors (as needed)
•Vacuum carpeted areas.
•Clean Restrooms (see above)
Stairs: Level 1 to roof (both sets) (1 time per week)
•Clean litter
•Wipe down handrails
•Sweep/blow/pick-up all debris
•Pressure Wash (Monthly)
17Page 148 of 757

Page 13 ends

CITYWIDE JANITORIAL SERVICES

ADDITIONAL JANITORIAL SERVICES
Bl-ANNUAL SERVICES (TWO TIMES A YEAR)
Bi-Annual Services for the following locations:

Community Services, Utility Office, City Hall, Finance Department, Animal Shelter, Old City Hall, Briggs Building, Police Department, Airport Office/Restrooms, and Community Center Gabilan room.
•Carpet Care - (May and November) -Thoroughly vacuum all carpeted areas, remove all
stains, and steam clean all carpeted areas of City Buildings. (48 hours’ notice) •Floor Care (May and November) - Floor Stripping, sealing and finish (non-slip wax) as applicable to each department or building, except no wax shall be applied to any floor in the Police Department. •Window Cleaning - (May & September) - Clean all windows inside and outside. Clean all window frames and tracks
•Bathrooms deep cleaned – “Turbo” type cleaning of tile and grout for floors and walls – Community Center only (May and November) Contractor shall notify the contact person in each Department one (1) week in advance of the date and time the services are to occur so that the department can specify areas in need of service.

Police Department should be notified 1 month in advance before steam cleaning is done due to training in restricted areas.

Contractor shall notify each department contact person 24 hours after services are completed to verify that those services are satisfactory to each department.

BIOHAZARDOUS WASTE REMOVAL AND/OR CLEANUP.

If the janitorial staff encounters restrooms that have biohazardous waste that needs to be removed from surfaces other than the interior of the toilet, the janitorial staff needs to contact their employer and have them notify the City of 18Page 149 of 757

EXECUTIVE FACILITIES SERVICES, INC.

MAPPED SITES OF CITY OF HOLLISTER
19Page 150 of 757

EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

SAMPLE WORK
PLAN City of Hollister

WORK PLAN / INITIAL SITE VISITS

STEP DATE ACTION PERSON RESPONSIBLE DUE

DATE STATUS
Initial site visits: develop
building visitation schedule for
all City of Hollister Sites
Complete all site visits
Add agreed upon additional
services requirements
Identify site specific
additional needs
requirements if needed
Identify point of contact
at each site
Identify important dates for each
site special events, etc.

Review scope of work with
facility representative if needed
TBD
TBD
TBD
TBD
TBD
TBD
TBD
1 2
3 7
4 5
6 R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
J. Ferraro / City of
Hollister
20Page 151 of 757

EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Hollister

WORK PLAN / SPECIFIC FACILITY INFORMATION

ACTION PERSON RESPONSIBLE DUE

DATE STATUS
Identify location of janitorial
and storage closets
Request alarm codes for facility,
if needed
Identify all entry and exit
points for each location
Determine if additional
specialty cleaning products are
required for each site
Discuss locked door
and safety protocol with
facility staff
Develop equipment needs list
for each facility
Develop emergency contact list
TBD
TBD
TBD
TBD
TBD
TBD
TBD
1 2
3 8
5 6
7 R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
9 TBD Develop keys / key fob
inventory for each location R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
R. Ornelas / J. Luis Razo
21Page 152 of 757

EXECUTIVE FACILITIES SERVICES, INC.

Reference: Dignity Health Organization
Contact: Tom Sullivan, Director of Operations Facilities Services Phone Number: (916) 450 - 2311
Email: [email protected]
Project Cost: $ 610,060.12
EFS, Inc. Staff Involved: Jim Ferraro, Robert Ornelas, Jorge Luis Razo, RJ Storm- Larsen, Martin Borboa, Carlos Quiroz, Jorge Hernandez,
In 2014, EFS, Inc. acquired Excellent Building Maintenance and began servicing Dignity Health Medical Foundation clinics throughout Ventura County.

In late September of 2018, Dignity Health Medical Foundation, contacted Executive Facilities Services, Inc. regarding starting up janitorial and carpet / floor services for 26 sites throughout Santa Cruz County. Executive Facilities Services, Inc. successfully responded to this request without any service issues.

EFS, Inc. has since maintained and serviced the contract held with Dignity Health Medical Foundation, while adding new locations in both Santa Cruz and Northern Los Angeles. The list of additional services now includes interior and exterior window washing, power washing, and emergency clean-up services for the various locations we service in Central and Southern California.

Service Date:

Awarded contract in 2014

CONTRACTOR EXPERIENCE
22Page 153 of 757

EXECUTIVE FACILITIES SERVICES, INC.

Reference: Superior Court of the State of California, County of San Benito (Hollister) Contact: Nancy Iler
Phone Number: (831) 902 - 0529
Email: [email protected]
Project Cost: $ 57,024.59
EFS, Inc. Staff Involved: Jim Ferraro, Christian Ferraro, RJ Storm-Larsen, Robert Ornelas, Jorge Luis Razo
Executive Facilities Services, Inc. started services for the Superior Court of the State of California, County of San Benito in 2024. EFS, Inc. was awarded the contract out of 15 other qualified service providers.

EFS, Inc. currently provides janitorial services to administrative, deputy offices, judge offices, and detention holding areas for the Superior Court of the State of California, County of San Benito (Hollister). At each of the locations, EFS, Inc. is responsible for sweeping and mopping, vacuuming carpeted areas, horizontal surface disinfecting wipe downs, spot glass cleaning, restocking consumables, sanitizing all restroom fixtures, wiping down mirrors, removing trash, and replacing liners.

EFS, Inc. has performed additional services such as: emergency water extraction, hot water extraction carpet cleaning, hard floor services, window cleaning, emergency disinfecting services, and power washing.

Service Date:

Awarded contract in February of 2024

REFERENCES
23Page 154 of 757

EXECUTIVE FACILITIES SERVICES, INC.

Reference: St. Francis High School
Contact: Kenny Nakagawa
Phone Number: (831) 818-4839
Email: [email protected]
Project Cost: $ 58,278
EFS, Inc. Staff Involved: Jim Ferraro, Christian Ferraro, RJ Storm-Larsen, Robet Ornelas, Jorge Luis Razo
Executive Facilities Services, Inc. started services for St. Francis High School in 2019, and has continued to partner with the private school through the pandemic and beyond.

EFS, Inc. provides janitorial services for the individual classrooms, administrative offices, locker rooms, and gymnasium that span the massive campus.

EFS, Inc. is responsible for sweeping and mopping, vacuuming carpeted areas, horizontal surface disinfecting wipe downs, spot glass cleaning, restocking consumables, sanitizing all restroom fixtures, wiping down mirrors, removing trash, and replacing liners.

EFS, Inc. has performed additional services such as: emergency water extraction, hot water extraction carpet cleaning, hard floor services, window cleaning, emergency disinfecting services, and power washing.

Service Date:

Awarded contract in May of 2019

REFERENCES
24Page 155 of 757

EXECUTIVE FACILITIES SERVICES, INC.

Reference: City of Capitola
Contact: Shelon Bennett
Phone Number: (831) 475-7300
Email: [email protected]
Project Cost: $ 128,426.00
EFS, Inc. Staff Involved: Jim Ferraro, RJ Storm-Larsen, Robet Ornelas, Jorge Luis Razo Executive Facilities Services, Inc. started services for the City of Capitola in December of 2024 after being awarded the most responsibile and capable bidder out of serveral local service providers.

EFS, Inc. provides janitorial services for the city hall, police department, community rooms, senior center, wharf, and common areas street trash cans.

EFS, Inc. is responsible for sweeping and mopping, vacuuming carpeted areas, horizontal surface disinfecting wipe downs, spot glass cleaning, restocking consumables, sanitizing all restroom fixtures, wiping down mirrors, removing trash, and replacing liners.

EFS, Inc. has performed additional services such as: emergency water extraction, hot water extraction carpet cleaning, hard floor services, window cleaning, emergency disinfecting services, and power washing.

Service Date:

Awarded contract in December of 2024

REFERENCES
25Page 156 of 757

EXECUTIVE FACILITIES SERVICES, INC.

CHELSEA STORM-LARSEN
Dir of Corporate Compliance
RJ

STORM-LARSEN
Dir of Business Development

JIM FERRARO
Company Owner
City of Hollister
Central Coast Facility Staff
NIGHT

SUPERVISOR
JORGE

HERNANDEZ
Night
Supervisor
City of Hollister
EFS, Inc. W- 2 Employees
MARTIN
BORBOA
Operation
Manager
RJ

STORM-LARSEN
Dir of Business
Development

CRYSTAL
MATA
Client
Relations
BRIT
BROCK
Executive Admin Assistant ROBERT

ORNELAS
Operations
Manager
Corporate Staff

PROJECT STAFF

PERSONNEL ASSIGNED
Management, staff and employees of Executive Facilities Services, Inc. are its greatest asset and the reason the company has earned a solid reputation for janitorial services that set the standard for the industry. They are the reason we are trusted to the job right with expertise and experience and a dedication to doing our very best for each client. We work to ensure that every customer service experience is an excellent one.

Organizational Charts
Central Coast Facility Staff
Night
Supervisor
JORGE

LUIS RAZO RECRUITER

DEBRA FERRARO
Corporate Finance Officer

CHRISTIANFERRARO
Snr Opertaions
Manager Staff Accountant

PROJECT MANAGER
Stacy
Kelly
26Page 157 of 757

EXECUTIVE FACILITIES SERVICES, INC.

JIM FERRARO

COMPANY OWNER
Since launching his career in 1984, Jim has held positions of increasing responsibility that equip him with the leadership, management and communication skills to adeptly run the corporation that he now owns.

After graduating with a bachelor’s degree in business administration from Bloomsburg University located in Pennsylvania, Jim went on to earn his master’s in business administration from the University of Phoenix. He draws on his formal and continuing education and decades of corporate experience to lead EFS, Inc. to ever greater solidity and success.

His primary responsibilities include client and employee relations, safety and quality control, strategic planning, management training and onsite evaluations to ensure compliance with all COVID-19 protocols and practices.

Contact Information (24/7 accessibility)
Cell: (909) 815-0144
Office: (844) 780-2626
Email: [email protected]
DEBRA A. FERRARO

CORPORATE FINANCIAL OFFICER
Debra brings nearly 30 years of experience in financial information processing and reporting to her position as Corporate Financial Officer.

She is responsible for all financial functions of EFS, Inc. Debra earned a bachelor of science degree in accounting from Bloomsburg University located in Pennsylvania in 1984 and has worked in both public and private sectors. She has a keen understanding of various business structures and accounting systems. She passionate about and actively involved in a variety of local nonprofit service organizations. Debra joined EFS, Inc. in 2004.

Her primary responsibilities include client billing, accounts receivable and payable, preparation of financial statements, account analysis, payroll, corporate tax reporting, and human resources.

Contact Information
Phone: (844) 780-2626
Email: [email protected]

COMPANY BIOS
Corporate Support
27Page 158 of 757

EXECUTIVE FACILITIES SERVICES, INC.

CHELSEA STORM-LARSEN

DIRECTOR OF CORPORATE COMPLIANCE
Prior to joining EFS, Inc. in January 2021, Chelsea Storm-Larsen was director of organizational engagement for corporate affairs with Sharecare, Inc. In that role, she managed more than 25 worksites to ensure that all team members understood and complied with the organization’s policies and procedures. She graduated with Honors of Distinction from California State University, Monterey Bay with a bachelor’s in collaborative health and human services and went on to earn her master’s in public administration at California State University, Dominguez Hills.

Her primary responsibilities include corporate compliance, human resources, labor and client relations, and internal quality control.

Contact Information
Phone: (844) 780-2626
Email: [email protected]

CHRISTIAN FERRARO

SENIOR OPERATIONS MANAGER
Christian joined EFS, Inc. in 2010 and learned the business from the ground up. He worked with a variety of clients and projects garnering extensive experience in operations management, financial reporting and the nuances of the janitorial, disinfecting, and building maintenance industry. He transitioned to the position of controller where he currently oversees financial operations for the headquarters facility in Riverside.

He is a graduate of California State University, Chico, holding a bachelor’s in business finance.

His primary responsibilities include financial reporting, client relations, quality control, staff supervision and training, disinfecting training, and COVID-19 onsite evaluations.

Contact Information (24/7 accessibility)
Cell: (951) 776-7249
Office: (844) 780-2626
Email: [email protected]

COMPANY BIOS
28Page 159 of 757

EXECUTIVE FACILITIES SERVICES, INC.

RJ STORM-LARSEN

DIRECTOR OF BUSINESS DEVELOPMENT /

OPERATION MANAGER / POINT OF CONTACT
RJ Storm-Larsen joined EFS, Inc. in January 2017 and worked alongside the company’s janitorial, disinfecting, and floor service teams to develop a thorough working knowledge of operations. Today, he serves as director of business development. RJ graduated from California State University, Monterey Bay with a bachelor’s in science and went on to earn a master’s in business administration from the same university. He continues to take a hands-on approach to hone his skills and expand his knowledge of the industry via his ongoing involvement with staff and clients.

His primary responsibilities include client relations, customer service, business development, quality control, and support for operations managers.

Contact Information (24/7 accessibility)
Cell: (805) 705-4195
Office: (844) 780-2626
Email: [email protected]

BRITTANEE BROCK

EXECUTIVE ADMINISTRATIVE ASSISTANT
Brittanee joined EFS, Inc. in 2015 and serves as the primary point of contact for our clients. She facilitates client requests, work orders, responses and follow up to ensure continuity and consistency of service.

Her additional responsibilities include tag job scheduling, payroll processing and COVID-19 pre-site evaluations.

Contact Information
Office: (844) 780-2626
Email: [email protected]

COMPANY BIOS
29Page 160 of 757

EXECUTIVE FACILITIES SERVICES, INC.

COMPANY BIOS

JORGE HERNANDEZ

SENIOR NIGHT SUPERVISOR
Jorge, who joined EFS, Inc. in 2022 has been
in the janitorial industry for more than 15
years. Jorge has worked throughout Southern
California supervising both day porter and
janitorial services. Jorge serves as EFS, Inc.
night supervisor and is responsible for
oversight of operations and quality control.

MARTIN BORBOA

OPERATIONS MANAGER
Martin joined EFS, Inc. in 2019 after working
with Martinez and Associates Management
for seven years. There, he managed multiple
mobile home facilities in Southern California
and was responsible for project development
and management, rule enforcement, rent
collection, site maintenance, janitorial
management, and responding to facility
emergencies. Bryant brings his ample
experience to EFS, Inc. where his
responsibilities continue to expand based
upon his excellent performance.

Contact Information
Cell: (805) 523-3015
Office: (844) 780-2626
Email: [email protected]
Central Coast Facility Staff

ROBERT ORNELAS

OPERATIONS MANAGER / PROJECT

MANAGER / PRINCIPAL CONTACT
Robert joined EFS, Inc. in 2022 and brought
with him over 20 years of experience that he
has within the janitorial and building
maintenance industry. Robert previously
worked in Santa Clara County, and will apply
his understanding of the work force, client
expectations, and communication that is
required for this highly visible region. Robert
has applied his experience and expertise to
each employee in the area to further improve
our service and client relations.

His primary responsibilities include safety,
supply inventory management, quality control,
equipment maintenance, employee training,
site inspections, disinfecting training and
services, and COVID-19 onsite evaluations.

Contact Information (24/7 accessibility)
Cell: (951) 415-0799
Office: (844) 780-2626
Email: [email protected]

JORGE LUIS RAZO

NIGHT SUPERVISOR / SECONDARY

POINT OF CONTACT
Jorge, who joined EFS, Inc. in 2022 has been in
the janitorial industry for more than 5 years.

He has worked throughout the Monterey
Peninsula, Santa Cruz County, and San Jose
serving as a landscaping technician and
janitor.

Jorge, is responsible for oversight of
operations, client relations, employee
retention, and quality control.

Contact Information (24/7 accessibility)
Cell: (909) 635-9019
Office: (844) 780-2626
30Page 161 of 757

EXECUTIVE FACILITIES SERVICES, INC.
•Every person being considered for employment undergoes an in-person interview with a member of our management team. Each potential employee receives a new hire packet containing current tax, immigration, workers compensation labor code, and health benefits forms. Our human resources department uses the information to perform a thorough background check and to verify that each of our employees is an approved to work resident. •EFS, Inc. is ADA compliant and an Equal Opportunity Employer. We are committed to diversity and inclusion in the workplace. We prohibit discrimination and harassment of any kind based on race, color, sex, religion, sexual orientation, national origin, disability, genetic information, pregnancy, or any other protected characteristic as outlined by federal, state, or local laws. This policy applies to all employment practices within our organization, including hiring, recruiting, promotion, termination, layoff, recall, leave of absence, compensation, benefits, training, and apprenticeship. EFS, Inc. makes hiring decisions based solely on qualifications, merit, and business needs at the time.
•Once a potential employee is hired, they are monitored by one of our management staff while working alongside an experienced employee at a current client’s job site. •EFS, Inc. employees wear uniforms that are appropriate and identifies them as an employee of EFS, Inc. This includes full-length pants, a navy blue short-sleeve shirt with the EFS, Inc. logo on the left chest area, closed-toed shoes and all correct Personal Protective Equipment required while on property performing services for the City of Hollister. •Training will cover the specific services, processes and scope of work for the City of Hollister •This training method ensures that each employee understands the standards that EFS, Inc. expects, and the services outlined in the Scope of Work provided by the City of Hollister •New employees will be monitored by the Operations Manager to ensure that if any additional re-training is necessary, it is performed immediately onsite. This method of employee training has proven to be successful over our 20 years of service and demonstrates to our clients that EFS, Inc.’s employees that perform janitorial can exceed their expectations.

TRAINING PROGRAMS
To ensure consistency, accountability and competency throughout the organization, Executive Facilities Services, Inc. puts a high priority on recruiting, vetting, hiring and training our most valuable asset--our employees. Investing time in hiring qualified and dependable employees and equipping them with the tools they need to provide each client with excellent service is a hallmark of EFS, Inc.

Recruitment, Hiring and Training New Employees
31Page 162 of 757

EXECUTIVE FACILITIES SERVICES, INC.

TRAINING PROGRAMS
Ongoing Training is a Shared Responsibility
Training is an ongoing process at Executive Facilities Services, Inc. It’s a strategy and value we utilize whether in response to a change in employment law, OSHA or other government agency criteria, identified opportunities where we can do things even better or a change in processes or policies at a client’s business. It is also a way to invest in the future of EFS, Inc. employees, providing tools and supporting them so they can do and be their very best.

Training janitorial employees is a shared responsibility within the EFS, Inc. organization.

The owners, managers, and supervisors work together to establish training goals, identify, communicate and facilitate training and ensure that the related goals are met.

Workplace safety is a top priority at EFS, Inc. Our supervisors perform nightly site inspections and use their observations and data to identify additional workplace safety training opportunities. Proper training can then be applied to ensure that employees are safely performing their required duties.

EFS, Inc. documents and reports trainings for all personnel performing work under this contract. Trainings include refreshers in Cal/OSHA’s Injury and Illness Prevention Program (IIPP) standard, Cal/OSHA Hazard Communication standard, Emergency Action Plan standard, and Blood Borne Pathogen protocols. Additional on-the-job training is completed when a new product or procedure is to be implemented.

Training extends to on-call staffing
EFS, Inc. understands that emergencies, last-minute requests and special circumstances that require an infusion of additional staff can happen at any time. That is why EFS, Inc. maintains well-trained, regular and specialized on-call staff at all levels.

EFS, Inc. has a large labor pool of established employees that are able to perform a wide variety of janitorial, disinfecting, and building maintenance services should the need arise. EFS, Inc. will utilize these experienced and trained employees should back-up staffing be required.

Executive Facilities Services, Inc. has numerous resources to ensure that the services outlined in the Scope of Work are completed day and night. 32Page 163 of 757

EXECUTIVE FACILITIES SERVICES, INC.

CAL/OSHA
Training Emergency
Action Plan

SUPERVISORY EXPERIENCE
Executive Facilities Services, Inc. has a proven track record of client satisfaction due in large part to the selection, training, experience and dedication of our management team and supervisory staff.

A rigorous training program ensures a thorough understanding of the industry, the extensive range of services provided by EFS, Inc., company policies and procedures and OSHA protocols for workplace safety, Injury and Illness Prevention, Hazard Communication standards and Emergency Action Plans. If awarded the contract, we will provide the City of Hollister with our IIPP within 30 days.

Supervisors routinely perform building inspections to review completed work as well as work in progress. Supervisors are authorized and equipped to respond to questions and requests and address any issues that require resolution.

All EFS, Inc. supervisors are equipped with a phone to provide clients with 24-hour access via call, email or text.

No more than nine employees are assigned to a single supervisor for the duration of the contract. All supervisors are fluent English in both verbal and written communications.

Highly-trained, vetted and professional supervisors support each employee to ensure their success in carrying out daily responsibilities and that they understand their value to the organization and our clients.

Injury & Illness
Prevention Program
Hazard Communication
Standard

SUPERVISOR

EXPERIENCE
33Page 164 of 757

EXECUTIVE FACILITIES SERVICES, INC.

SUBCONTRACTORS
Executive Faciliites Services, Inc. will not be utilizing independent contractors.

EFS, Inc. has a W-2 workforce, and will only be using its own employees to complete the services outlined in the RFP.
34Page 165 of 757

EXECUTIVE FACILITIES SERVICES, INC.
•Monthly inspection reports summarize any reported issues and how they were resolved.
•Site visit schedules are developed weekly and unannounced, enabling EFS, Inc. to monitor and control the quality of service as well as interact with onsite employees on a regular basis.
•A copy of our Building Inspection form can be found on the page following this one. Each time a site is visited by an EFS, Inc. supervisor, whether it be a service issue, a supply delivery or a weekly site visit, the form is completed by the supervisor. Operations Managers review all Building Inspection forms daily/ nightly to ensure that any issues are addressed and resolved. •EFS, Inc. and its management team will ensure that each of the City of Hollister's buildings remains secure during provision of services. The EFS, Inc. Operations Manager will train each employee on the proper door locking etiquette and alarm system protocols, and verify that all protocols are being followed. •EFS, Inc. has the responsibility of categorizing and storing highly specialized keys, access cards, and key fobs for clients. As can be seen from our current client list provided with the proposal, EFS, Inc. works with several cities, municipalities, and private and public entities. We store all client keys in a locked key box at our location in our headquarters's location in Watsonville. This facility has 24-hour surveillance and an alarm system.
•EFS, Inc. will not duplicate keys to any of the City of Hollister without permission.

QUALITY ASSURANCE / QUALITY CONTROL

BUSINESS PERFORMANCE AND QUALITY CONTROL
Executive Facilities Services, Inc. has learned from experience that the most effective method in ensuring quality service to our clients is through routine site visits. All sites serviced by EFS, Inc. are visited by supervisors on a bi-weekly basis in addition to regular supplies delivery and inspections. Also, the City of Hollister will be visited by Jim Ferraro, Company Owner, Robet Ornelas, Operations Manager, Jorge Luis Razo, Night Supervisor, RJ Storm-Larsen, Director of Business Development, Martin Borboa Operations Manager. All operations managers and supervisors carry a smart phone so they can respond quickly to requests for required or emergency services.

During nightly visits to various sites, our staff members review and assess all aspects of the buildings included in the scope of services. If any issues are noticed by a staff member, the employee is made aware and the issues are addressed and resolved that evening. We believe that this is a foundational business practice between EFS, Inc. and its clients. It creates a fast-track line of communication between EFS, Inc. and our clients to ensure that they are receiving the highest of quality service. 35Page 166 of 757

EXECUTIVE FACILITIES SERVICES, INC.

BUSINESS FORMS
Janitorial Inspection Sheet
36Page 167 of 757

EXECUTIVE FACILITIES SERVICES, INC.

EFS, Inc. Client Service Principles
•Client
specifications are
confirmed and
adhered to Client
communication,
statements,
reports, and
responses are on
time and accurate
•Consistent level of
service and
delivery
importance placed
on each and every
client interaction
•Staff is familiar
with procedures
and technology
and answers
questions with
accuracy
•Clients can access
executive
management
directly at any time
•Client
requirements are
met in an
atmosphere
of calmness,
capability, and
enthusiasm
•Staff is well trained
to respond to
exceptional
requests, and can
think outside the
box to provide
answers and
solutions
•
•
Client satisfaction
is prioritized,
monitored,
measured, and
managed
Clients can reach a
representative by
phone or online 24
hours a day to get
answers to
questions
•Service quality
issues are
addressed and
resolved quickly
•Clients will receive
continuing updates
on service
challenges until the
issue is fully
resolved
•Staff are well
trained to listen to
customers
empathetically
and professionally
•Staff can analyze
and solve customer
service issues
•Client issues are
resolved fairly and
quickly by staff
advocating at
higher levels
Reliability
Responsiveness
Assurance
Empathy

KEY PRINCIPLES OF CUSTOMER SERVICE
37Page 168 of 757

EXECUTIVE FACILITIES SERVICES, INC.

EXCEPTIONS
Executive Facilities Services, Inc. does not have exceptions to the requirements or services outlined in the RFP.
38Page 169 of 757

EXECUTIVE FACILITIES SERVICES, INC.

COST PROPOSAL
38Page 170 of 757

EXECUTIVE FACILITIES SERVICES, INC.

We also created geo-fenced locations in the
Connecteam app that each employee is
responsible for. These geo-fences are set up
with alerts that provide current and up to
date reports to Supervisors and Operations
Managers notifying when employees arrive
for work. This allows EFS, Inc. to verify that
employees are arriving on time and
provides our clients with the peace of mind
that their service provider is monitoring all
service activities day and night.

EFS, Inc. has used these business practices
to outperform our clients’ expectations for
over 20 years and will apply these same
foundational principles to the delivery of
janitorial services for the City of Hollister.

ADDITIONAL INFORMATION

TECHNOLOGY INNOVATIONS
EFS, Inc. utilizes a web-based, mobile time tracking and scheduling app called Connecteam. Connecteam is able to track employees’ hours during their shifts and allows the management team to monitor and verify that employees are arriving at the job site and spending the correct amount of time at their designated janitorial or disinfecting site.

Connecteam employs a robust reporting engine to manipulate data however customers require. A key feature EFS, Inc. has seen great value in Connecteam is the "Who’s Working" widget, which shows you which individuals are on the clock, which groups are working, and a map of where people are signed-in at a designated region such as the City of Hollister as pictured below. 39Page 171 of 757

EXECUTIVE FACILITIES SERVICES, INC.

MAPPED SITES OF EFS, Inc. CLIENT LOCATIONS
40Page 172 of 757

EXECUTIVE FACILITIES SERVICES, INC.

MAPPED DRIVE TIME FROM EFS, Inc. HOLLISTER SITES
41Page 173 of 757

EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Hollister

SAMPLE OF SIMILAR CLIENTS
CLIENT NAME # OF LOCATIONS SQFOOTAGE ANNUALCOSTS
Riverside County
Library System
Riverside County
Library System
Provident Bank
San Bernardino County
Superintendent
of Schools
City of Thousand Oaks
Conejo Recreation &
Park District
1998
2016
2005
2010
2020
2014
2014
10/2009
Under
contract
Under
contract
Under
contract
Under contract
Under
contract
Under
contract
22 26
14 34
15 10
41 226,300
326,208
885,203
495,937
296,804
136,308
$258,000
$715,645
$205,640
$1,253,686
$404,093
$286,204
$610,060

CONTRACTSTART CONTRACTEND
Dignity Health Medical
Foundation
City of Costa Mesa 2021 Under
Contract 24 $580,551170,013
City of Agoura Hills 2021 Under
Contract
2 21,098 $28,065
PENNYMAC 2022 Under
Contract 4 210,000 $907,012
City of Capitola 2024 Under
Contract
7 82,400 $128,425
Hollister Court House 2024 Under
Contract 1 55,000 $59,000
42Page 174 of 757

CITY OF HOLLISTER

JANITORIAL SERVICES AGREEMENT

This services agreement (“Agreement”) is made and entered into effective July 1, 2025 (the “Effective Date”), by and between the City of Hollister (“City”) and Executive Facilities Services, Inc. (“Contractor” and together with City, the “Parties”).

1. Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): Citywide Janitorial Services (“Project”), (as further described in Exhibit A to this Agreement). “Services” shall mean Basic and Additional Services. Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by janitorial professionals specially qualified to provide the services required by the City.

1.1 Additional Services. Contractor shall provide services related to the Project other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services. In such cases, Contractor shall provide City with the cost to provide the Additional Services and the time necessary to complete the services. Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, an d has given written authorization to perform the service. Each additional service so authorized shall constitute an amendment to this agreement, shall be identified and sequentially numbered as “Additional Contractor Service no. 1” and so forth, shall be subject to all of the provisions of this agreement, and shall be attached as a new exhibit entitled “EXHIBIT D: SCOPE OF CONTRACTOR SERVICES-ADDITIONAL; COMPLETION SCHEDULE”.

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

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 an y Contractor Parties performing Services shall be competent to perform those Services.

3. Term. The initial term for performance of the Services shall begin on July 1, 2025, and shall

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end on June 30, 2030 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services during the Term. 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 prop er.

3.1 Extension. This agreement may be renewed for one (1) additional three (3) year term at the sole discretion of the City. The Contractor shall give City notice of their desire to extend the agreement not less than one hundred and eighty (180) days prior to expiration of the agreement.

The City shall notify the Contractor of their desire to extend the agreement not less than ninety (90) days prior to expiration of the agreement.

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.

5. Payment of Fees for Services. City agrees to pay Contractor based on the per building per day rates listed in Exhibit B for Services satisfactorily performed. Contractor shall not increase these rates over the course of this Agreement, except as provided in Section 5.1 below. City agrees to make payment within sixty (60) days of receipt of a detailed invoice from Contractor based on services performed and per building per day rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly. Contractor will not be compensated for any Basic or Additional Services required as a result of wrongful acts or omissions.

5.1 CPI Adjustment. Contractor shall be entitled to an increase in the rates listed in ATTACHMENT “A” on each anniversary of the agreement at a rate determined using the U.S.

Bureau of Labor Statistics San Francisco-Oakland-San Jose, CA Consumer Price Index (CPI) for the month of April. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percentage change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in the rates in any contract year will not exceed 3.5%. The increase shall take effect on the first day of the month following the anniversary date.

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

6. Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City

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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 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 procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work b y the Contractor, his agents, representatives, employees or subcontractors. The minimum scope and limit of insurance is contained in EXHIBIT “E”.

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

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City and/or to which City’s employees are normally entitled.

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

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

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work.

No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

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

14. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents, or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the District. 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 District.

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

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

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

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Parties, and approved by City Council if required.

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.

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 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 th e other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

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

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

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

26. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records

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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 subconsultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or 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 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.

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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 t he 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.

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

CITY OF HOLLISTER CONTRACTOR:

Executive Facilities Services, Inc.

By: ____________
Name: David Mirrione
Title: City Manager

By:

Name:

Title:

Address for City Notices: Address for Contractor Notices:

375 5th Street
Hollister, CA 95023

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EXHIBIT A

Scope of Services

Services and Supplies: Contractor agrees to provide all labor, materials, and equipment needed to perform the specified services. City will provide Contractor with replacement light bulbs, trash liners, and restroom supplies such as toilet paper, paper towels, hand sanitizer, and hand soap. Contractor’s materials and equipment are not to be stored at City Facilities.

SERVICE SCHEDULE FOR THE FOLLOWING BUILDINGS:

City Hall, Animal Shelter, Police Department, and Community Center

Daily services (5 times per week, Monday-Friday)
• Collect and remove all trash from office(s).
(Empty trash containers in appropriate waste receptacles; lock receptacles). • Collect recycling from all recycling (blue) containers inside the entire building and place the recycling materials in the outside recycling bins. Contractor to ensure to place only recycling in the outside recycling bins; trash is to be kept separate from recycling.
• Empty and clean all ashtrays located in the front outside of buildings. • Clean counter tops (front counters).
• Clean tables and counters in lunchroom.
• Spot clean doors, door frames, light switches, walls & partitions. • Spot clean carpets as needed.
• Spot clean glass entry doors/windows.
• Vacuum all carpeting in offices and reception areas.
• Sweep floors and mop all uncarpeted areas using disinfectant cleaner. • Empty shredders and dispose in recycle container (Lock when done). • Clean restrooms (see below)
• Perform high and low dusting on offices (baseboards, chair and table legs, windows, and door molding).

Restroom Services (per cleaning):
• Restock supplies for toilet paper, seat covers, paper towels, hand sanitizer, and hand soap (as needed)
• Empty trash containers and install new liners.
• Sweep floors prior to mopping and mop floors using disinfectant floor cleaner.

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• Spot clean baseboards, walls, partitions, and doors
• Scrub all toilets and urinals.
• Polish mirrors
• Scrub sinks and polish metal fixtures.
• Clean or dust flat surfaces such as sinks and counters (whichever is needed). • Wring mop and remove water from mop bucket after each use • Contractor’s cleaning chemicals are not to be stored at City Facilities.

Weekly Services:

All the above and:
• Dust office furniture (top of desk, chairs, file cabinets and bookshelves), windowsill, ledges and other flat surfaces. Wipe down/clean water dispensers (coolers). Moved items shall be returned to their original location.

Monthly Services (includes restrooms services)
• Clean glass inside and out on front office glass doors/windows (public areas) • Clean doors, door frames, light switches, walls & partitions. • Clean and sanitize telephones.
• Sanitize desks (if desk is cleared).

SERVICE SCHEDULE FOR THE FOLLOWING BUILDINGS:

Public Works Department, Finance Department, Utility Office, Old City Hall, Airport Office/Restrooms.

Bi-Weekly Service: (Twice weekly)
• Collect and remove all trash from office(s).
(Empty trash containers in appropriate waste receptacles; lock receptacles). • Collect recycling from all recycling (blue) containers inside the entire building and place the recycling materials in the outside recycling bins. Be sure to place only recycling in the outside recycling bins -keep trash separate from recycling. • Empty and clean all ashtrays located in the front outside of buildings • Clean counter tops (front counters)
• Clean tables and counters in lunchroom
• Spot clean doors, door frames, light switches, walls & partitions • Spot clean carpets as needed
• Spot clean glass entry doors/windows.
• Vacuum all carpeting in offices and reception area
• Sweep floors and mop all uncarpeted areas using disinfectant cleaner • Empty shredders & keep recycle items separate from garbage and dispose in

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\
recycle container (Lock when done)
• Dust flat surfaces (top of desks). Moved items shall be returned to their original location, to minimize complaints from each Department.
• Clean/wipe down water dispensers {coolers)

Restroom Services (per cleaning}:
• Restock supplies for toilet paper, seat covers, paper towels, hand sanitizer and hand soap
• Empty trash containers replace new liner
• Sweep floors prior to mopping - use disinfectant floor cleaner • Spot clean baseboards, walls, partitions, and doors
• Scrub all toilets and urinals
• Polish mirrors
• Clean sinks and polish metal fixtures
• Clean or dust flat surfaces such as sink counters (whichever is needed) • Squeeze out mop and remove water from mop bucket after each use • Contractor’s cleaning chemicals are not to be stored at the Hollister Airport or Recreation Center.

Monthly Services
• Perform high and low dusting on office baseboards, table legs, and window and door moldings, file cabinets & bookshelves. Moved items shall be returned to their original location, to minimize complaints from each Department.
• Clean glass inside and out on front office glass doors/windows (public areas) • Clean doors, door frames, light switches, walls & partitions. • Clean and sanitize telephones.
• Desk sanitization (if desk is cleared).

SERVICE SCHEDULE FOR THE BRIGGS BUILDING AND POLICE SUBSTAION Parking Garage (3 times per week)
• Pick up garbage on the 1 st, 2 nd, 3rd, and 4 th level Elevator (1 time per week)
• Clean the threshold, tile interior windows inside and outside glass panel of the elevator door.

Police Substation (including hall to restrooms) (2 times per week)

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• Dust windowsill-ledges and desks.
• Sweep and mop all tile floor areas.
• Clean baseboards, walls, and doors (as needed)
• Vacuum carpeted areas.
• Clean Restrooms (see above)
Stairs: Level 1 to roof (both sets) (1 time per week)
 Clean litter
 Wipe down handrails
 Sweep/blow/pick-up all debris
 Pressure Wash (Monthly)

ADDITIONAL JANITORIAL SERVICES

Bl-ANNUAL SERVICES (TWO TIMES A YEAR)
Bi-Annual Services for the following locations:

Community Services, Utility Office, City Hall, Finance Department, Animal Shelter, Old City Hall, Briggs Building, Police Department, Airport Office/Restrooms, and Community Center Gabilan room.
• Carpet Care - (May and November) -Thoroughly vacuum all carpeted areas, remove all
stains, and steam clean all carpeted areas of City Buildings. (48 hours’ notice) • Floor Care (May and November) - Floor Stripping, sealing and finish (non-slip wax) as applicable to each department or building, except no wax shall be applied to any floor in the Police Department. • Window Cleaning - (May & September) - Clean all windows inside and outside. Clean all window frames and tracks
• Bathrooms deep cleaned – “Turbo” type cleaning of tile and grout for floors and walls – Community Center only (May and November) Contractor shall notify the contact person in each Department one (1) week in advance of the date and time the services are to occur so that the department can specify areas in need of service.

Police Department should be notified 1 month in advance before steam cleaning is done due to training in restricted areas.

Contractor shall notify each department contact person 24 hours after services are completed to verify that those services are satisfactory to each department.

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BIOHAZARDOUS WASTE REMOVAL AND/OR CLEANUP.

If the janitorial staff encounters restrooms that have biohazardous waste that needs to be removed from surfaces other than the interior of the toilet, the janitorial staff needs to contact their employer and have them notify the City of Hollister as soon as possible. Janitorial staff will not be required to c lean up any biohazardous waste that is not contained within the toilet.

MISCELLANEOUS ITEMS

1. Contractor employee must wear ID badge where it can be readily visible with photo and company name at all times while at City facilities. This allows easy identification by City employees.

2. Theft of any items that belong to City or City employees, including food from refrigerator, and office supplies is prohibited and may be cause for criminal prosecution.

3. All interior lights shall be turned off (unless directed otherwise) after work is performed.

4. No solicitation on City premises.

5. Employees of the Contractor shall not be assisted nor accompanied by any individual that is not an employee of the Contractor, who has cleared their background check, while performing duties related to the contract. This includes friends, children, and/or other relatives. Employees of the contractor that violate this stipulation shall be deemed objectionable to the City and shall not be allowed to work in City facility.

6. All new employees under training shall be accompanied by experienced employees. The City expects contractor's employee to be skilled in performing janitorial work.

7. Contractor shall not duplicate any of the keys to the City Buildings. All keys
entrusted to the contractor for the fulfillment of this agreement must be fully protected at all times. If Contractor or its employees lose any keys, it will be the responsibility of the contractor to have the locks re-keyed. All building keys shall be returned to the City after the term of contract.

8. Break rooms may be used by janitorial staff during their break time. However, Only City employees are allowed to use refrigerators and microwaves.

9. Contractors may schedule to work on City Holidays.

10. Contractor must follow up with email after any phone communications with City contacts.

11. Additional services may be requested from time to time. The contractor shall use the
hourly proposal when additional services are requested.

12. Contractor's employees shall be prohibited in the use or possession of the following items while working on City premises: guns, knives, other weapons, alcohol and/or controlled substances. Contractor's employees shall not be under the influence of alcohol, cannabis, or illegal drugs. Any employee violating this policy shall be removed immediately from City facilities and replaced with acceptable personnel.

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13. Telephones and office equipment shall not be used by the Contractor or its employees for personal or business reasons with the following exception(s):
to call employer for reporting time/location purposes, report need of emergency medical aid, fire or need of law enforcement, and notification to the City of Hollister Police Department of damage as required in this contract. Any telephone usage to numbers other than those above or usage of any other office equipment will be considered a violation of the agreement.

BACKGROUND CHECKS
Janitorial staff will be subject to background checks. These checks may include, but not be limited to live scan clearance, fingerprinting, criminal history, as well as verifying past and current references. The Contractor shall be responsible for ensuring all staff has completed their full background check. Once the verification is complete, the contract will be executed, and work shall begin. Background checks are performed by the City of Hollister Police Department by appointment only. The Contractor shall be responsible for all fees required for background checks.

EXCLUSIONS
• The contract excludes the cleaning of the entrance atrium glass and cleaning of the interior windows or any other services in the "off limits" areas of the Police Department.
• The contract excludes the Exterior elevator glass at the Briggs Building.

* END OF SECTION *

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EXHIBIT B

Rates

Additional Services
Rates

During Regularly Scheduled Hours - while the employe is onsite - CUSTODIAL HOURLY RATE: $ 34.17

Emergency Call Back - CUSTODIAL HOURLY RATE: $ 47.34 two hours minimum

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EXHIBIT C

PROJECT STAFF

NAME TITLE HOURLY RATE

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EXHIBIT “D”

SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF

APPPLICABLE)

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EXHIBIT “E”

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or, if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy

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The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

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2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, then the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: June 2, 2025
REPORT # Airport-2025-08

AGENDA ITEM: A RESOLUTION APPROVING THE FINAL INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION REPORT FOR THE HOLLISTER MUNICIPAL AIRPORT RUNWAY 6 SAFETY IMPROVEMENT PROJECT

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

RECOMMENDED ACTION: Adopt a resolution approving the Final Initial Study/ Mitigated Negative Declaration for the Hollister Municipal Airport Runway 6 Safety Improvement Project and authorize the City Manager to take necessary actions and execute necessary documents related to the California Department of Fish and Wildlife and filing of the report.

DISCUSSION: In July 2023, the Airport/City received a Federal Aviation Administration (FAA) Grant, no. 3-06-0105-027-2023, for the Runway 6 Safety Improvement Project (Project). Runway 6 is the crosswind/east to west aligned runway. The project removed 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, installed new LED Runway Edge Lights, and installed several Taxiway C LED Edge Lights in the area of new construction.

California Environmental Quality Act (CEQA): The City/Airport engaged with Kimley-Horn to prepare an Initial Study for the Project in accordance with the requirements of the California Environmental Quality Act (CEQA). Based on the findings and recommended mitigation within the Initial Study, staff determined that the Project will not have an adverse impact on the environment and prepared a Mitigated Negative Declaration. A Draft Initial Study/Mitigated Negative Declaration (IS/MND) (SCH No: 2023090117) was circulated for thirty (30) days for public comment from September 7, 2023, through October 9, 2023.

No comments were received. California Department of Fish and Wildlife (CDFW) provided a comment letter on October 19, 2023. The City provided two responses to CDFW, a memo (Attachment 2) and a letter (Attachment 3) and applicable minor clarifications are reflected in the Final IS/MND (Attachment 4). Although the IS/MND indicat es that the Project could present a significant effect with respect to Biological Resources, Cultural Resources, Geological Resources, and Tribal Cultural Resources, any potential impacts will be mitigated through the implementation of the mitigation measu res included within the Mitigation Monitoring and Reporting Program (MMRP) (Attachment 5).

Project Description: The City of Hollister is required by the Federal Aviation Administration regulations to make necessary improvements to the Hollister Municipal Airport, by constructing a new taxiway and modifying an existing runway. The Project proposes the demolition and removal of approximately 4.8 acres of paved taxiway preceding Runway 6 and construction of an approximately 0.5 -acre perpendicular taxiway to connect Runway 6 and the western end of Taxiway C and would be consistent with the City’s

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