Tuesday, August 9, 2022
6:30 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lauren Berges, City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 821 9323 7963
Zoom Passcode: 256577
Zoom Phone Number: 1-669-900-6833
1 City Council Meeting Agenda August 9, 2022
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING – 6:30 P.M. CALL TO ORDER - ROLL CALL II. PUBLIC COMMUNICATION
III. COMMISSION INTERVIEWS
1. 22-254 Commission Interviews
Recommendation: Conduct interviews for eligible candidates which have applied for the Hercules Finance Commission.
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL V. REPORT ON ACTION TAKEN IN CLOSED SESSION
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
1. 22-124 Introduction of PG&E Governmental Affairs Liaison, Claudia Luna IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.
Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.
XI. PUBLIC HEARINGS
City of Hercules Page 2
2 City Council Meeting Agenda August 9, 2022
XII. CONSENT CALENDAR
1. 22-251 Minutes
Recommendation: Approve the Special Meeting Minutes of July 21, 2022 and the Regular Meeting Minutes of July 26, 2022.
Meeting Minutes July 21, 2022
Meeting Minutes July 26, 2022
Attachments:
2. 22-244 Emergency Declaration Extension
Recommendation: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361).
Staff Report AB 361
Attach 1 - AB 361 Resolution
Attach 2 - Contra Costa County Health Officer Memo July 5 2022 Attachments:
3. 22-241 Accept the Investment Report for the Quarter Ending June 30, 2022 Recommendation: Accept the investment report for the quarter ending June 30, 2022
Investment Quaterly Report Ending 6-30-2022_SR
Attach 1 - Quarterly Investment Report
Attachments:
4. 22-249 Authorizing the City Manager to Contract With Tripepi Smith for General Communications Support
Recommendation: 1. Adopt a resolution authorizing the City Manager to execute an agreement for an amount not to exceed $50,000.00 with Tripepi Smith for General Communications Support; and 2. Amend The FY 2022-23 Budget Appropriation by $50,000.00 to pay for the associated services Staff Report - Tripepi smith Agreement 080922
Attach 1 - Resolution
Attach 2 - 2022-06 Hercules General Comms Proposal
Attach 3 - City of Hercules Communications Report
Attach 4 - Hercules Social Media Master Sheet - Engagement Results Attachments:
5. 22-250 Approve a Memorandum of Understanding with the Hercules Police Officers Association
Recommendation: Adopt a Resolution Approving a Memorandum of Understanding with the Hercules Police Officers Association.
Police MOU & Pay Plans SR 08092022
Attach 1 - Resolution
Attach 2 - HPOA MOU-Signed
Attachments:
City of Hercules Page 3
3 City Council Meeting Agenda August 9, 2022
6. 22-255 Community Development Department Organizational Review and Analysis
Recommendation: Appropriate $24,950 for an organizational review and analysis of the Community Development Department.
Staff Report - CDD Analysis
Attach 1 - Resolution - Budget Amendment
Attach 2 - Management Partners proposal
Attachments:
7. 22-257 Resolution Approving Settlement of Claim against PG&E regarding Water Pollution Control Plant Upgrade Project Delays
Recommendation: Staff recommends the City Council adopt a resolution approving a settlement of the claim against PG&E regarding monetary damages caused by delays at the water pollution control plant upgrade project
Staff Report -PG&E claim settlement-jpt
Attach 1 - Resolution
Attach 2 - PG&E Settlement - Exhibit A
Attachments:
XIII. DISCUSSION AND/OR ACTION ITEMS
1. 22-246 Commission Appointment
Recommendation: Review all eligible candidates which have applied for Hercules Boards and Commissions. City Council will make their selection and appointment directly following the special meeting interview process.
Attachments: Staff Report - Finance Commission Applicant Interview
2. 22-256 Commissioner Attendance Requirements
Recommendation: Receive and discuss the report and provide direction to staff
SR - Commissioner Attendance Requirements - JPT
Resolution 10-068 Procedures for advisory bodies
Attachments:
3. 22-248 Memorandum of Understanding (MOU) with the City of Pinole for the San Pablo Avenue Bridge Replacement Project
Recommendation: Receive a presentation on the San Pablo Avenue Bridge Replacement Project and approve an MOU including the preferred bridge alignment.
City of Hercules Page 4
4 City Council Meeting Agenda August 9, 2022
Staff Report - MOU San Pablo Bridge 08092022
Attach 1 - Resolution - MOU San Pablo Bridge 08092022
Attach 2 - MOU
Attach 3A - Pinole Staff Report 03012022
Attach 3B - Pinole Staff Report Attach B
Attach 4 - 2022_07_25 Pinole - San Pablo Avenue Bridge Replacement Pinole Webinar FINAL (1) Attachments:
4. 22-243 Sole Source Contract with Gray Bowen Scott for a Not to Exceed Amount of $474,753 to Advance the Regional Intermodal Transit Center for Grant Funding and Project Readiness and Appropriating $474,753 from the General Fund/Capital Project Reserve to Fully Fund the Contract.
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source contract with Gray Bowen Scott (GBS) for a not to exceed amount of $474,753 to advance the Regional Intermodal Transit Center (RITC) for grant funding and project readiness and appropriating $474,753 from the General Fund/Capital Project Reserve to fully fund the contract.
Staff Report - GBS RITC Contract 080922-GBSrevMRrev
Attach 1 - GBS RITC Resolution
Att 2a GBS Contract
Att 2b GBS Sole Source Form
Attachments:
5. 22-242 Award of a Construction Contract for the Sycamore Avenue Pavement Rehabilitation Project
Recommendation: Adopt a resolution authorizing the City Manager to execute a construction contract with McGuire & Hester in the amount of $925,400 for the Sycamore Avenue Pavement Rehabilitation Project, authorizing an additional expenditure of up to $92,540 for a 10% contingency on said construction contract, for a total not to exceed contract amount of $1,017,940.
Staff Report - Sycamore Ave Pavement Rehab
Attach 1 - Resolution Sycamore Ave Pavement Rehab
Attach 2 - Sycamore Ave Location Map
Attachments:
6. 22-247 FY 22-23 Capital Improvement Program Update
Recommendation: Receive presentation, discuss, and provide direction if any.
CIP Update to City Council 08092022
Att 1 - Hercules CIP Update
Att 2 - Hercules CIP Program FY22-23
Attachments:
City of Hercules Page 5
5 City Council Meeting Agenda August 9, 2022
7. 22-245 Agreement with CSG Consultants for Code Enforcement Services Recommendation: Adopt a resolution authorizing the City Manager to execute an agreement with CSG Consultants in the not-to-exceed amount of $130,000 for code enforcement services.
Staff Report - CSG Contract
Attach 1 - CSG Contract Resolution
Attach 2 - Agreement including Scope and Fee
Attachments:
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, September 13, 2022 at 7:00p.m. in the Council Chambers.
Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.
Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an enotice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the Administrative Services Department at (510) 799-8215 (Posted: August 4, 2022)
City of Hercules Page 6
6 City Council Meeting Agenda August 9, 2022
INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING
COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.
Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.
Via Zoom: Members of the public may submit a live remote public comment via Zoom video conferencing.
Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782. • Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining public comments. • Speakers will be muted until their opportunity to provide public comment.
When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.
Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.
Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8215 no later than 3:00 p.m. on the meeting date.
If you need assistance with public comment, please contact: Lauren Berges, City Clerk at [email protected] or by calling (510) 799-8215.
All public comments will become part of the official meeting record. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.
City of Hercules Page 7
7 City Council Meeting Agenda August 9, 2022
OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.
Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.
Video Streamed Live on the City’s Website:
To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.
Instructions to view Live or On-Demand Videos from the City’s website:
1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.
2. Locate the desired meeting and date.
3. Click the associated “Video” link (Video status is as follows):
Video = Video is available for on demand viewing.
In Progress = Video is available for viewing during live recording.
Not Available = Video is either unavailable or has not been recorded.
City of Hercules Page 8
8 City Council Meeting Agenda August 9, 2022
THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,
PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS
1. SPECIAL ACCOMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8215 at least 48 hours prior to the meeting.
2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.
3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, Hercules Post Office, and on the City’s website (www.ci.hercules.ca.us),
4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.
Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.
In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.
Anyone may also submit written comments at any time before or during the meeting.
5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.
6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.
City of Hercules Page 9
9 111 Civic Drive City of Hercules Hercules, CA 94547
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lauren Berges, City Clerk
Thursday, July 21, 2022 6:30 PM
SPECIAL MEETING In-Person In Council Chambers or
Zoom ID: 880 1173 2202 / Zoom Passcode: 269146
Zoom Phone Number: 1-669-444-9171
I. SPECIAL MEETING - 6:30 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley
Present: 5 -
II. PLEDGE OF ALLEGIANCE
III. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no agenda additions or deletions.
IV. PUBLIC COMMUNICATIONS
None.
V. DISCUSSION AND/OR ACTION ITEMS
1. 22-236 Resolution Calling an Election on November 8, 2022 for Voters to Consider a Ballot Measure to Extend the Existing Utility Users Tax at the Current Rate of 8%, submittal of the Ordinance to the Voters, and Requesting the County to Consolidate this Election with the Statewide General Election.
Presentation by City Manager Dante Hall. Councilmembers provided comment.
Public speakers: Bob Polacchi; Sarah Creeley; Tanya Little; Glenna Phillips; Susan Pricco; Wallie Moore; Ed Ulle; Susan Keefe; Kathleen; Marna Anning; Lori Chinn
City of Hercules Page 1
10 City Council Meeting Minutes July 21, 2022
City Attorney Tang clarifies the motion to include the supplemental information provided on the updated resolution
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-061. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, Mayor D. Bailey, and Council Member C. Kelley 5 -
VI. PUBLIC COMMUNICATIONS
Public Speakers: Tanya Little; Sarah Creeley; Ed Ulle; Marna Anning; Susan Keefe
VII. ADJOURNMENT
Mayor Bailey adjourned the meeting at 7:33 pm
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk
City of Hercules Page 2
11 111 Civic Drive City of Hercules Hercules, CA 94547
Meeting Minutes
City Council
Mayor Dion Bailey
Vice Mayor Alexander Walker-Griffin
Council Member Dan Romero
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Lauren Berges, City Clerk
Tuesday, July 26, 2022 6:00 PM
In-Person in Council Chambers or
Zoom ID: 863 9549 8475
Zoom Passcode: 143838
Zoom Phone Number: 1-669-900-6833
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. SPECIAL MEETING - CLOSED SESSION – 6:00 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, and Mayor D. Bailey
Present: 4 -
Absent: 1 - Council Member C. Kelley
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
None.
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:
22-225 Pursuant to Government Code Section 54957.6 Conference With Labor Negotiators - City Negotiators: Dante Hall, City Manager; Edwin Gato, Director of Finance; Boonmanus Seelapasay, relative to the following employee groups:
a. Teamsters Local 315 Employee Organizations
b. Hercules Police Officers Association
c. Hercules Senior Manager Employee Group
d. Confidential Unrepresented Employee Group
e. Mid Management Employee Group
City of Hercules Page 1
12 City Council Meeting Minutes July 26, 2022
IV. REGULAR MEETING – 7:00 P.M. CALL TO ORDER - ROLL CALL Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, and Mayor D. Bailey
Present: 4 -
Absent: 1 - Council Member C. Kelley
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney Tang announced there was no final or reportable action taken on the closed session items.
VI. PLEDGE OF ALLEGIANCE
Vice Mayor Walker-Griffin led the Pledge of Allegiance
VII. MOMENT OF SILENCE
None.
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
None.
IX. AGENDA ADDITIONS/DELETIONS
City Manager Hall had no additions or deletions.
X. PUBLIC COMMUNICATIONS
Public Speakers: Alison Peters of Contra Costa County Library XI. PUBLIC HEARINGS
XII. CONSENT CALENDAR
MOTION: A motion was made by Vice Mayor Walker-Griffin, seconded by Council Member Grimsley, to adopt this . The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, and Mayor D. Bailey
4 -
Absent: 1 - Council Member C. Kelley
22-240 Minutes
Recommendation: Approve the Regular Meeting Minutes of July 12, 2022.
Approved.
22-230 Emergency Declaration Extension
Recommendation: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of City of Hercules Page 2
13 City Council Meeting Minutes July 26, 2022
emergency pursuant to government code 54953 (AB 361).
Approved.
22-231 Revised Lease Agreement with New Cingular Wireless Recommendation: Approve an Amended & Restated Site Lease Agreement between the City of Hercules and New Cingular Wireless PCS, LLC (AT&T) and Authorize the City Manager Execute Related Documents.
Approved.
XIII. DISCUSSION AND/OR ACTION ITEMS
22-233 Bayfront Heights Public Outreach
Recommendation: Receive a presentation on the results of the outreach process and next steps, ask any questions, and take public comment. This item is for information and discussion only.
Prior to the presentation, City Attorney Tang recused himself from the discussion because he lives within 500 ft of the proposed project Presentation by Community Development Director Tim Rood, Bruce Brubaker and Janet Chang of Placeworks. Councilmembers provided comment
Public Speakers: James Kendle
22-239 Report on Town Hall Meeting About Promoting Racial Equity, Combating Racial Violence Against Asian Americans and All People of Color, and Celebrating Diversity and Inclusion
Recommendation: Receive this report from Circle Up Education summarizing the comments of the town hall meeting on May 17, 2022.
Presentation by City Manager Dante Hall and Tiffany Hoang of Circle Up Education. Councilmembers provided comment and recommendations to further the City's goal of inclusion. No public comment. 22-234 Report on Successor Agency to the Hercules Redevelopment Agency 2022 Tax Allocation Refunding Bonds
Recommendation: Receive an update on the refinancing of the former Redevelopment Agency Tax Allocation Bonds.
Presentation by Director of Finance Edwin Gato. Suzy Kim of RSG and Wing-See Fox of Urban Futures Inc. provided comment. Councilmembers provided comment. No public comment.
22-237 Hercules Special Event Funding Plan for FY 22-23 Recommendation: 1. Approve the proposed list of special events and maximum funding limits for FY 22-23; 2. Authorize the City Manager to enter into an agreement with the with the Bay Front Chamber of Commerce to coordinate and operate four special events for the 22-23 fiscal year; 3.
City of Hercules Page 3
14 City Council Meeting Minutes July 26, 2022
Authorize the City Manager to work with the City of Pinole to plan a Co-sponsored Fourth of July Firework Celebration event for July 2023.
Presentation by Parks and Recreation Director Christopher Roke.
Councilmembers provided comment. Sylvia Villa-Serrano of Bay Front Chamber of Commerce provided comment.
Public Speakers: Tanya Little
MOTION: A motion was made by Council Member Romero, seconded by Vice Mayor Walker-Griffin, to adopt Resolution 2022-064. The motion carried by the following vote:
Aye: Council Member T. Grimsley, Council Member D. Romero, Vice Mayor A.
Walker-Griffin, and Mayor D. Bailey
4 -
Absent: 1 - Council Member C. Kelley
XIV. PUBLIC COMMUNICATIONS
Public Speakers: Tanya Little
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,
COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS
AND FUTURE AGENDA ITEMS
Parks and Recreation Director Christopher Roke reported out on recent events and announced upcoming events. Councilmembers reported out on local and regional meetings and events.
Vice Mayor Walker-Griffin requested two future agenda items to discuss having a youth commission and a seniors health day. Mayor Bailey requested a future agenda item to have a community discussion on the City's budget and finances. Councilmember Romero requested a future agenda item to discuss having a short-term rental ordinance.
XVI. ADJOURNMENT
Mayor Bailey adjourned the meeting
_________________________________
Dion Bailey, Mayor
Attest:
_______________________________
Lauren Berges, CMC
City Clerk
City of Hercules Page 4
15 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9th, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: Emergency Declaration Extension
RECOMMENDED ACTION: Adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to Government Code Section 54953 (AB 361)
FISCAL IMPACT OF RECOMMENDATION: There are no direct financial impacts from enactment of the proposed resolution.
EXECUTIVE SUMMARY:
When the COVID-19 pandemic started, local agencies struggled to conduct their public meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stayat-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.
On September 16, 2021, Governor Newsom signed into law AB 361 – Brown Act: Remote Meetings During Emergencies. AB 361 went into effect immediately upon signature by the Governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency," and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees.
There are key differences between the Executive Orders, which expired September 30, 2021, and AB 361. AB 361 imposes requirements with respect to public comment, however, the City of Hercules currently satisfies legal requirements with respect to live public comment via Zoom in alignment with AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend measures to promote social distancing. These conditions continue to exist. Determinations by 16 the local agency that the emergency impacts the ability to meet safely in person must be revisited every 30 days.
Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. In addition, the Contra Costa County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.
Continuing the remote meetings would provide for a consistent meeting format until the pandemic emergency is lifted.
DISCUSSION:
AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers, Commissioner, or Committee Members, are teleconferencing in from. To have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council must pass a resolution stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Commissions, and Committees to meet safely in person; and
2. The State of California and the City of Hercules continue to impose or recommend measures to promote social distancing.
This Resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The Resolution authorizes teleconference meetings including hybrid meetings held both via teleconference and in-person. This Resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.
AB 361 requires City Council to make these findings every 30 days to continue teleconference hearings. If adopted, staff will agendize this item once a month until the state of emergency is over, or City Council no longer believes teleconference meetings are necessary.
If the Resolution is not adopted, the City will be required to hold public meetings in-person or conduct teleconference meetings pursuant to subsection 54953(b)(3) of the California Government Code which will require posting of the agenda at each teleconference location and for the public to be admitted to each teleconference location.
ATTACHMENTS:
1. Resolution
2. Contra Costa Health Services Recommendation
17 HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING VIRTUAL CITY COUNCIL, COMMISSION, AND COMMITTEE
MEETINGS DURING A DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)
WHEREAS, the City Council of the City of Hercules is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the City Council and its other legislative bodies created pursuant to Government Code section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings by teleconference or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which ended the provisions of Executive Order N-29-20 on September 30, 2021; and WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect on October 1, 2021; and
WHEREAS, AB 361 authorizes local legislative bodies to continue using teleconferencing and virtual meeting technology as long as there is a gubernatorial "proclaimed state of emergency," and either (1) State or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19; and
WHEREAS, the Contra Costa Health Services Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and 18 WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including its variants; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies.
Based on the California Governor’s continued declaration of a State of Emergency and the Contra Costa County Health Services Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions continue to exist pursuant to Government Code sections 54952(e)(1) and 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
Section 4. Effective Date. This Resolution shall take effect immediately and shall be in effect for a period of 30 days from the date of adoption. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9
th day of August, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
19 Lauren Berges, City Clerk
20 4
21 Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of July 5, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 7-5-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
22 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Edwin Gato, Director of Finance
SUBJECT: Accept the Investment Report for the Quarter Ending June 30, 2022
RECOMMENDED ACTION
Accept the Investment Report for the Quarter Ending June 30, 2022.
FISCAL IMPACT OF RECOMMENDATION
This is an informational report with no fiscal impact.
EXECUTIVE SUMMARY
Pursuant to California Government Code section 53646 and the City’s Investment Policy, a quarterly report and certification shall be provided to the City Council, City Manager, and City Auditor. The Quarterly Investment Report shall include a complete description of the portfolio, the type of investments, the issuers, maturity dates, par value and dollar amounts invested in all securities. The certification must provide assurances that investments were made consistent with the City’s Investment Policy and that the City will meet its expenditure obligations for the next six months. The Quarterly Investment Report for the quarter ending June 30, 2022, is provided as Attachment 1.
BACKGROUND
To comply with state law and city policy, the City is required to present quarterly investment reports detailing the City's investment portfolio to the City Council, City Manager, and City Auditor. The Council's authority to invest or reinvest funds or sell or exchange securities is delegated to the City's Finance Director, who also serves as City Treasurer. Pursuant to the Investment Policy, the City Treasurer may delegate some of their fiduciary responsibility to an outside investment management firm. An investment manager's fiduciary responsibility is a legal requirement related to registration with the Securities and Exchange Commission under the Investment Advisor Act of 1940. Due to the specialized services and expertise required to assist the City in the varied investment options available, the City has used the Local Investment Agency Fund (LAIF) and PARS experienced investment managers.
23 DISCUSSION
This report presents the City’s investment portfolio for the quarter ending June 30, 2022. It has been prepared to comply with regulations contained in California Government Code Section 53646 and City’s Investment Policy. The report includes all cash and investments managed by the City. It also includes City-related investments held by bond trustees for debt service obligations as well as money held in the irrevocable trust with PARS for pension and other post-employment benefits (OPEB). The report provides information on the investment type, issuer, maturity date, cost, and current market value for each security.
The City utilizes the Local Agency Investment Fund (LAIF) as a money market fund administered by the State Treasurer. LAIF has many governmental agency participants and holds securities through its administrator. LAIF provides local agencies a way to invest cash held in treasury pool that may be withdrawn as needed on a same-day basis to meet the agency’s cash flow needs while realizing interest generated by the Pooled Money Investment Account (PMIA). Moreover, the Investments held by Bond Trustees are administered in accordance with individual bond indentures.
As of June 30, 2022, the overall pooled investment portfolio average yield (before adjustments for changes in market value) was -1.32%, which is lower than the rate for twoyear U.S. Treasury Note at 2.92% and LAIF average monthly rate of 0.861%. The market value of the pooled portfolio was $578,707 or 0.79% lower than the book value. As the City does not intend to sell its pooled investment portfolio securities prior to maturity, this will have no effect on yield.
61.48% of the total Investment Portfolio was deposited with LAIF as of June 30, 2022. LAIF has 68.02% of its investments in U.S. Treasuries and agency notes, 5.71% in CDs and bank notes, and 26.27% in other types of investments. Additional economic summaries and specific information related to each of the investment advisors and LAIF are included in the Investment Portfolio Summary Report included in attachment 1.
The City invests its idle cash from all operating funds on a pooled basis to maximize returns.
Earnings are allocated to each fund based on the average cash balance. The timing of revenue collections, such as property tax, business licenses, and franchise tax, affects the Amount
Market Over/(Under) Average
Investment Type Value Cost Yield
Petty Cash $2,005 - 0.00%
Cash in Bank 12,524,513 - 0.05%
Local Agency Investment Fund (LAIF) 44,290,548 ($577,660) 0.86% Irrevocable Trust (Pension) 2,054,252 - -8.03%
Irrevocable Trust (OPEB) 2,559,249 - -8.03%
Investments with Bond Trustees 10,971,194 (1,047) 0.51% Total Portfolio $72,401,761 ($578,707) -1.32%
24 quarterly investment income during the year. There is adequate cash to meet expected obligations over the next six months.
Governmental Accounting Standards Board (GASB) Statement 40 requires the City to recognize the fair market value of its investments at the end of each fiscal year. The market values of investments included in this report are obtained from the State Controller’s office for LAIF and from the City’s registered investment managers and bond trustees for all other investments. These market valuations are subject to daily changes. The difference between market value and historical costs, known as Unrealized Investment Gains and Losses, are temporary in nature and are not cash related transactions. Since it is the City’s general intention to hold its investments until maturity, when they would be redeemed at par value, any unrealized gain or loss is only reported at the end of the fiscal year in the City’s Comprehensive Annual Financial Report.
Of the total cash and investments reported above, only the portions held in the City’s General Fund (approximately $14.4 million, or 20%) and Internal Service Funds (approximately $1.3 million, or 2%) are unrestricted, although a portion of these amounts may be committed for existing obligations or designated for specific purposes. The remaining $57.3 million, or 78%, of the City’s cash and investments are restricted for specific uses, in accordance with federal, state, or local agency rules and regulations.
ATTACHMENTS:
1. Quarterly Investment Report
25 1
Investment Report
For Quarter Ended June 30, 2022
City of Hercules, California
26 27
City of Hercules, California
Investment Portfolio Summary Report
For the Quarter Ended June 30, 2022
Book % of Average Market
Value Total Yield Value
Cash on Hand $2,005 $2,005
Cash on Deposit 12,524,513 12,524,513
Total Cash on Hand 12,526,518 17.16% 0.05% 12,526,518
Local Agency Investment Fund (LAIF) 44,868,208 61.48% 0.86% 44,290,548 Irrevocable Trust (Pension) 2,054,252 2.81% -8.03% 2,054,252 Irrevocable Trust (OPEB) 2,559,249 3.51% -8.03% 2,559,249 Investments with Bond Trustees 10,972,241 15.03% 0.51% 10,971,194 Total Portfolio $72,980,468 100.00% -1.32% $72,401,761
Amount over (under) Market Value vs. Book Value ($578,707) % of Portfolio -0.7930%
Investments by Type
Cash on Hand
LAIF
Irrevocable Trust
(Pension)
Irrevocable Trust
(OPEB)
Investments with
Trustees
28 City of Hercules
Detail for Investment Portfolio Summary Report
For the Quarter Ended June 30, 2022
(DAYS)
BOOK PURCHASE MATURITY LIFE TO REMAINING PAR MARKET
DESCRIPTION VALUE RATE YIELD DATE DATE MATURITY LIFE VALUE VALUE
CASH ON HAND
PETTY CASH 2,005.00 0.00% 0.00% 2,005.00 $2,005.00
CASH IN BANK
MECHANICS BANK - GENERAL CHECKING 6,737,147.70 0.00% 0.00% 6,737,147.70 6,737,147.70 MECHANICS BANK - HERCULES RDA 5,605,646.02 0.00% 0.00% 5,605,646.02 5,605,646.02 MECHANICS BANK - PD ASSET SEIZURE 161,743.37 0.00% 0.00% 161,743.37 161,743.37 CalTRUST 19,976.39 0.19% 0.19% 4/1/2022 6/30/2022 90 - 19,976.39 19,976.39 TOTAL AND AVERAGES 12,524,513.48 0.05% 0.05% 90 - 12,524,513.48 12,524,513.48
LOCAL AGENCY INVESTMENT FUND (LAIF)
LAIF 44,868,207.82 0.86% 0.86% 4/1/2022 6/30/2022 90 - 44,868,207.82 44,290,548.22
IRREVOCABLE TRUST (PENSION/OPEB)
US BANK MUTUAL (PARS-OPEB) 2,559,248.79 -8.03% -8.03% 4/1/2022 6/30/2022 90 - 2,559,248.79 2,559,248.79 US BANK MUTUAL (PARS-PENSION) 2,054,252.26 -8.03% -8.03% 4/1/2022 6/30/2022 90 - 2,054,252.26 2,054,252.26 TOTAL AND AVERAGES 4,613,501.05 -8.03% -8.03% 90 - 4,613,501.05 4,613,501.05
INVESTMENTS WITH BOND TRUSTEES
GE CAPITAL CORPORATION 4,421.94 3.03% 3.03% 4/1/2022 6/30/2022 90 - 4,421.94 4,421.94
WEBSTER BANK (STERLING NATIONAL BANK
ESCROW) 543,851.06 0.11% 0.11% 4/1/2022 6/30/2022 90 - 543,851.06 543,851.06 THE BANK OF NEW YORK (BNY) JM RESERVE FUND 55,797.47 0.00% 0.00% 4/1/2022 6/30/2022 90 - 55,797.47 55,797.47
THE BANK OF NEW YORK (BNY) MELLON TRUST
WWPT REVENUE BONDS (COST OF ISSUANCE) 2,887.50 0.00% 0.00% 4/1/2022 6/30/2022 90 - 2,887.50 2,887.50
THE BANK OF NEW YORK (BNY) MELLON TRUST
WWPT REVENUE BONDS (ACQUISITON COSTS) 8,325,000.00 0.00% 0.00% 4/1/2022 6/30/2022 90 - 8,325,000.00 8,325,000.00
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 REVENUE FUND) 433,563.35 0.99% 0.99% 4/1/2022 6/30/2022 90 - 433,563.35 432,515.81
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 DEBT SERV PRIN ACCT) 250,398.26 1.00% 1.00% 4/1/2022 6/30/2022 90 - 250,398.26 250,398.26
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 DEBT SERV INT ACCT) 398,040.37 1.00% 1.00% 4/1/2022 6/30/2022 90 - 398,040.37 398,040.37
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES PFA 09 RESERVE FD) 920,215.00 1.00% 1.00% 4/1/2022 6/30/2022 90 - 920,215.00 920,215.00
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES BASE RENTAL PYMT) 0.00% 0.00% 4/1/2022 6/30/2022 90 - - -
THE BANK OF NEW YORK (BNY) MELLON TRUST
(HERCULES 2020 INT FD) 4,567.80 0.00% 0.00% 4/1/2022 6/30/2022 90 - 4,567.80 4,567.80
THE BANK OF NEW YORK (BNY) MELLON TRUST (SA
HERCULES 2022 A B INTEREST ACCT) 2,867.59 0.00% 0.00% 4/1/2022 6/30/2022 90 - 2,867.59 2,867.59
THE BANK OF NEW YORK (BNY) MELLON TRUST (SA
HERCULES 2022 A COI ACCOUNT) 11,887.37 0.00% 0.00% 4/1/2022 6/30/2022 90 - 11,887.37 11,887.37
THE BANK OF NEW YORK (BNY) MELLON TRUST (SA
HERCULES 2022 B COI ACCOUNT) 18,743.63 0.00% 0.00% 4/1/2022 6/30/2022 90 - 18,743.63 18,743.63 TOTAL AND AVERAGES 10,972,241.34 0.51% 0.51% 90 - 10,972,241.34 10,971,193.80 TOTAL INVESTMENT REPORT $72,980,468.69 -1.32% -1.32% 90 - $72,980,468.69 $72,401,761.55 29 City of Hercules, California
Investment Portfolio Summary Report
For the Quarter Ended June 30, 2022
% of
Cash Description Book Value Total
Bond Trustee $10,972,241 15%
Irrevocable Trust 4,613,501 6%
Restricted 41,700,044 57%
General Fund 14,373,971 20%
Internal Service Funds 1,320,712 2%
$72,980,469 100%
Restricted:
Wastewater 23,360,622
Successor Housing Authority 6,305,180
Successor Agency 5,605,646
Landscape & Lighting 1,608,850
Capital Projects 1,235,572
Solid Waste 989,908
Gas Tax & Measure J "Street" 763,773
Agency Fund 520,086
Development Impact Fees 423,848
BART (Park & Ride) 276,260
Asset Seizure 233,238
ARPA 209,050
AB229 COPS Program 168,011
41,700,044
Bond Trustee
15% Irrevocable Trust
6%
Restricted
57%
General Fund
20%
Internal Service Funds
2%
Cash by Fund
30 June 0.861
May 0.684
Apr 0.523
PMIA Quarter to Date(1): 0.69%
PMIA Average Life 311 (1):
LAIF Apportionment Rate 0.75 (2):
0.00002057622201151
0.987125414
LAIF Earnings Ratio(2):
LAIF Fair Value Factor(1):
PMIA Daily(1): 0.99%
Treasuries
68.02%
Agencies
18.90%
Certificates of
Deposit/Bank Notes
5.71%
Time
Deposits
1.90%
Commercial
Paper
4.91%
Corporate
Bonds
0.21%
Loans
0.35%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a).
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 06/30/2022
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/22
Chart does not include $4,693,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
06/30/22
$234.5 billion
31 City of Hercules
As of June 30, 2022
Presented By
Andrew Brown, CFA
32 PARS: City of Hercules
Performance Inception: 6/1/2010The OPEB plan was invested in account 6746019207, PARS Balanced HighMark Plus, from June 1, 2010 to December 31, 2017. The Plan was then subsequently invested inaccount 6746050104, PARS Moderately Conservative HighMark Plus, from January 1, 2018 and onwards. Returns are gross of account level investment advisory fees and net of any fees, including fees to manage mutual fund or exchange traded fund holdings. Returns for periods over one year are annualized. The information presented has beenobtained from sources believed to be accurate and reliable. Past performance is not indicative of future returns. Securities are not FDIC insured, have no bank guarantee, andmay lose value. 2 3 Months
Year
to Date
(6 Months) 1 Year 3 Years 5 Years 10 Years
Inception
to Date
06/01/2010
Cash Equivalents .14 .15 .16 .49 .95 .54 .45
Lipper Money Market Funds Index .13 .14 .14 .47 .91 .49 .41 Total Fixed Income -4.99 -10.23 -10.34 -.84 .88 1.76 2.47 Bloomberg US Aggregate Bd Index -4.69 -10.35 -10.29 -.93 .88 1.54 2.34 Total Equities -15.95 -19.99 -16.88 6.78 7.85 10.12 10.24Large Cap Funds -17.10 -21.01 -14.77 9.76 10.44 12.47 12.12 S&P 500 Composite Index -16.10 -19.96 -10.62 10.60 11.31 12.96 13.08 Mid Cap Funds -16.79 -21.44 -17.10 6.52 7.82 9.68 10.38 Russell Midcap Index -16.85 -21.57 -17.30 6.59 7.96 11.29 11.49 Small Cap Funds -15.83 -18.85 -21.47 4.68 7.53 11.39 11.89 Russell 2000 Index -17.20 -23.43 -25.20 4.21 5.17 9.35 9.62 International Equities -12.39 -17.61 -20.09 2.16 2.86 4.65 4.75 MSCI EAFE Index -14.51 -19.57 -17.77 1.07 2.20 5.40 5.37MSCI EM Free Index -11.45 -17.63 -25.28 .57 2.18 3.06 3.07 REIT Funds -15.36 -20.45 -7.84 4.34 5.37
Wilshire REIT Index -18.48 -21.64 -6.70 4.01 5.26 7.28 9.31 Total Managed Portfolio -8.03 -12.69 -11.59 1.86 3.79 6.07 6.62 Selected Period Performance
Hercules OPEB
Period Ending: 6/30/2022
33 Asset Allocation – OPEB Plan
As of June 30, 2022
PARS: City of Hercules
3 Current Asset Allocation Investment VehicleEquity Range: 20%-40% 28.02%Large Cap Core COFYX Columbia Contrarian Core Inst3 2.79% VGIAX Vanguard Growth & Income Adm 5.23%
Large Cap Value DODGX Dodge & Cox Stock Fund 2.52%
IVE iShares S&P 500 Value ETF 1.19%
Large Cap Growth HNACX Harbor Capital Appreciation Retirement 1.61% PRUFX T. Rowe Price Growth Stock Fund I 1.61%
Mid Cap Core IWR iShares Russell Mid-Cap ETF 2.72%
Small Cap Value UBVFX Undiscovered Managers Behavioral Val R6 2.23%Small Cap Growth VBK Vanguard Small-Cap Growth ETF 2.11%International Core DFALX DFA Large Cap International I 1.78%International Value DODFX Dodge & Cox International Stock Fund 0.67% International Growth MGRDX MFS® International Growth R6 0.68% Emerging Markets HHHFX Hartford Schroders Emerging Mkts Eq F 1.86% Real Estate VNQ Vanguard Real Estate ETF 1.04%Fixed Income Range: 50%-80% 65.68%Short-Term VFSUX Vanguard Short-Term Investment-Grade Adm 13.42% Intermediate-Term DBLFX DoubleLine Core Fixed Income I 17.04% PTTRX PIMCO Total Return Instl Fund 17.11%PTRQX Prudential Total Return Bond Q 17.09% High Yield PHIYX PIMCO High Yield Instl 1.02%Cash Range: 0%-20% 6.31% FGZXX First American Government Oblig Z 6.31%
TOTAL 100.00%
34 PARS: City of Hercules
Performance Inception: 12/01/2017 Initial contribution was made on November 2017.
Returns are gross of account level investment advisory fees and net of any fees, including fees to manage mutual fund or exchange traded fund holdings. Returns for periods over one year are annualized. The information presented has been obtained from sources believed to be accurate and reliable. Past performance is not indicative of futurereturns. Securities are not FDIC insured, have no bank guarantee, and may lose value. 4 3 Months
Year
to Date
(6 Months) 1 Year 3 Years
Inception
to Date
(55 Months)
Cash Equivalents .14 .15 .16 .49 .96
Lipper Money Market Funds Index .13 .14 .14 .47 .92
Total Fixed Income -4.99 -10.23 -10.34 -.84 .74
Bloomberg US Aggregate Bd Index -4.69 -10.35 -10.29 -.93 .79 Total Equities -15.95 -19.99 -16.88 6.78 6.42Large Cap Funds -17.10 -21.01 -14.77 9.76 9.08 S&P 500 Composite Index -16.10 -19.96 -10.62 10.60 10.04 Mid Cap Funds -16.79 -21.44 -17.10 6.52 6.60
Russell Midcap Index -16.85 -21.57 -17.30 6.59 6.75
Small Cap Funds -15.83 -18.85 -21.47 4.68 5.96
Russell 2000 Index -17.20 -23.43 -25.20 4.21 3.55
International Equities -12.39 -17.61 -20.09 2.16 1.21
MSCI EAFE Index -14.51 -19.57 -17.77 1.07 .67MSCI EM Free Index -11.45 -17.63 -25.28 .57 -.10 REIT Funds -15.36 -20.45 -7.84 4.34 5.32
Wilshire REIT Index -18.48 -21.64 -6.70 4.01 5.19
Total Managed Portfolio -8.03 -12.69 -11.59 1.86 2.74
Selected Period Performance
PARS/PRSP MODERATELY CONSERVATIVE HM
Account 6746050104
Period Ending: 6/30/2022
35 Asset Allocation – Pension
As of June 30, 2022
PARS: City of Hercules
5 Current Asset Allocation Investment VehicleEquity Range: 20%-40% 28.02%Large Cap Core COFYX Columbia Contrarian Core Inst3 2.79% VGIAX Vanguard Growth & Income Adm 5.23%
Large Cap Value DODGX Dodge & Cox Stock Fund 2.52%
IVE iShares S&P 500 Value ETF 1.19%
Large Cap Growth HNACX Harbor Capital Appreciation Retirement 1.61% PRUFX T. Rowe Price Growth Stock Fund I 1.61%
Mid Cap Core IWR iShares Russell Mid-Cap ETF 2.72%
Small Cap Value UBVFX Undiscovered Managers Behavioral Val R6 2.23%Small Cap Growth VBK Vanguard Small-Cap Growth ETF 2.11%International Core DFALX DFA Large Cap International I 1.78%International Value DODFX Dodge & Cox International Stock Fund 0.67% International Growth MGRDX MFS® International Growth R6 0.68% Emerging Markets HHHFX Hartford Schroders Emerging Mkts Eq F 1.86% Real Estate VNQ Vanguard Real Estate ETF 1.04%Fixed Income Range: 50%-80% 65.68%Short-Term VFSUX Vanguard Short-Term Investment-Grade Adm 13.42% Intermediate-Term DBLFX DoubleLine Core Fixed Income I 17.04% PTTRX PIMCO Total Return Instl Fund 17.11%PTRQX Prudential Total Return Bond Q 17.09% High Yield PHIYX PIMCO High Yield Instl 1.02%Cash Range: 0%-20% 6.31% FGZXX First American Government Oblig Z 6.31%
TOTAL 100.00%
36 PARS: City of Hercules
6 1-Month 3-Month Year-to- 1-Year 3-Year 5-Year 10-Year Fund Name Return Return Date Return Return Return ReturnColumbia Contrarian Core Inst3 -7.86 -16.27 -18.76 -12.91 11.28 10.53 13.12Dodge & Cox Stock I -9.31 -12.42 -11.53 -7.57 11.27 9.92 13.09Harbor Capital Appreciation Retirement -7.93 -25.46 -35.59 -32.06 8.25 12.14 13.69iShares S&P 500 Value ETF -8.25 -11.32 -11.51 -5.04 8.05 8.01 10.78Vanguard Growth & Income Adm -8.77 -15.78 -19.06 -9.83 10.87 11.32 13.00T. Rowe Price Growth Stock I -8.62 -25.40 -36.60 -34.11 4.36 8.70 12.52S&P 500 TR USD -8.25 -16.10 -19.96 -10.62 10.60 11.31 12.96iShares Russell Mid-Cap ETF -9.99 -16.88 -21.63 -17.43 6.42 7.81 11.11Russell Mid Cap TR USD -9.98 -16.85 -21.57 -17.30 6.59 7.96 11.29Undiscovered Managers Behavioral Val R6 -9.94 -11.05 -7.91 -3.11 10.76 8.19 11.83Vanguard Small-Cap Growth ETF -8.00 -20.44 -29.94 -31.77 2.34 6.81 9.82Russell 2000 TR USD -8.22 -17.20 -23.43 -25.20 4.21 5.17 9.35Dodge & Cox International Stock I -8.77 -9.49 -10.02 -10.93 3.52 2.14 6.11DFA Large Cap International I -9.31 -13.22 -17.50 -15.71 2.48 3.01 5.62MFS International Growth R6 -6.78 -12.24 -19.38 -17.98 3.33 5.71 7.08MSCI EAFE NR USD -9.28 -14.51 -19.57 -17.77 1.07 2.20 5.40Hartford Schroders Emerging Mkts Eq F -6.94 -12.08 -19.78 -28.42 0.75 2.70 3.53MSCI EM NR USD -6.65 -11.45 -17.63 -25.28 0.57 2.18 3.06Source: SEI Investments, Morningstar Investments
INTERNATIONAL EQUITY FUNDS
Returns less than one year are not annualized. Past performance is no indication of future results. The information presented has been obtained from sources believed to be accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value.
CITY OF HERCULES
For Period Ending June 30, 2022
LARGE CAP EQUITY FUNDS
MID CAP EQUITY FUNDS
SMALL CAP EQUITY FUNDS
37 PARS: City of Hercules
7 1-Month 3-Month Year-to- 1-Year 3-Year 5-Year 10-Year Fund Name Return Return Date Return Return Return ReturnVanguard Real Estate ETF -7.51 -15.47 -20.52 -8.07 4.73 5.69 7.47 DoubleLine Core Fixed Income I -2.01 -5.50 -10.11 -10.18 -1.24 0.74 2.08 PIMCO Total Return Instl -2.07 -5.46 -11.31 -11.11 -0.77 0.99 1.87 Vanguard Short-Term Investment-Grade Adm -1.30 -1.86 -5.58 -6.10 0.22 1.25 1.70 PGIM Total Return Bond R6 -2.59 -6.71 -12.78 -12.53 -1.34 1.08 2.56 Bloomberg US Agg Bond TR USD -1.57 -4.69 -10.35 -10.29 -0.93 0.88 1.54 PIMCO High Yield Instl -6.81 -9.69 -13.94 -12.68 -0.62 1.53 3.92 ICE BofA US High Yield Mstr II Index -6.81 -9.97 -14.04 -12.66 -0.04 1.95 4.44 Source: SEI Investments, Morningstar Investments
REAL ESTATE FUNDS
BOND FUNDS
Returns less than one year are not annualized. Past performance is no indication of future results. The information presented has been obtained from sources believed to be accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value.
CITY OF HERCULES
For Period Ending June 30, 2022
38 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting August 9th, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: Authorization To Contract With Tripepi Smith for General Communications Support.
RECOMMENDED ACTION:
1. Adopt a resolution authorizing the City Manager to execute an agreement for an amount not to exceed $50,000.00 with Tripepi Smith for General Communications Support; and
2. Amend The FY 2022-23 Budget Appropriation by $50,000.00 to pay for the associated services.
EXECUTIVE SUMMARY:
The City is currently working with Tripepi Smith to assist staff with implementing effective strategies, plans, and tactics to better engage our community. Since February 2022, Tripepi Smith has been providing communication services for the City of Hercules, including social media support, press release writing, social media and news outlet media monitoring, graphic design support and hosting the roundtable Quarterly Communication Meetings to allow for department heads to think under a communication lens. During this time the followers and subscribers across all City platforms (Facebook, Instagram and Nextdoor) has significantly increased. The increase in followers can be attributed to the posting of regular content with the City’s style and methods of communication. Being able to offer City resources through our various platforms supports the City’s goals of transparency and education.
BACKGROUND AND ANALYSIS:
Enhancing media relations is a key aspect of being open and transparent with residents and the community since residents are typically receiving their news from local media outlets and not the City directly. By producing press releases and building relationships with reports, the City can ensure that their message is being amplified throughout the region. Continuing with Tripepi Smith will continue to benefit the City, its residents and businesses by maintaining the following efforts:
39 Bi-weekly Check-in calls/Content Planning: To coordinate efforts with City Staff and sustain momentum on projects, Tripepi Smith will continue to schedule a recurring, onehour monthly phone call that will include a City-designated lead for engagement. These calls will help drive content planning for press releases, social media posts and stories for a potential digital as well as any additional needs that may arise. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call.
After each call, the City will receive an action summary email about decisions made on the phone call and related action steps. Tripepi Smith will produce work, such article drafts, in a shared workspace where the City can see progress in real time and provide instant feedback as needed. These tools allow for enhanced collaboration and expedite the production process.
Social Media Management/ Content Creation: Social media content creation involves:
planning, fact-checking, sourcing graphics, grammar checking and scheduling the post.
Tripepi Smith will create up to two (2) posts per week over the course of a month (or generally 8 a month) and distribute them on up to five (5) platforms (e.g. Facebook, Instagram, Nextdoor). This work also includes review of council agendas to develop ideas for social media and press releases.
News articles and press releases: Tripepi Smith can draft news articles, press releases and/or official statements, which are typically up to five hundred (500) words in length.
The City would direct the allocation of stories with Tripepi Smith’s suggestions, making internal subject matter experts available to aid the development of the stories when needed.
Each month, Tripepi Smith provides a summary report in PDF format of the basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and other key metrics, such as website visits and “shares” related to our three platforms. This information is a great way to measure whether the content we are creating is actually resonating with our communities.
Since February of 2022, Tripepi Smith has been instrumental in the City’s growth of its subscribers and engagement. The proposed agreement will continue help us evaluate the success of our efforts as well as serve as an ongoing feedback mechanism for gathering valuable insights that can help inform ongoing communication strategy.
FISCAL IMPACT OF RECOMMENDATION:
Funds for the general communications support would need to be through the FY 22-23 Annual Budget. No additional funds are requested.
ATTACHMENTS:
1. Resolution
2. Tripepi Smith Proposal for General Communications Support Services
3. Tripepi Smith General Communications Report February-July 2022
4. Hercules Social Media Engagement Results
40 HERCULES CITY COUNCIL
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE CITY MANAGER TO CONTRACT WITH TRIPEPI SMITH AND APPROVING A BUDGET APPROPRIATION OF $50,000 FOR GENERAL
COMMUNICATIONS SUPPORT TO INCLUDE PROJECT AND SOCIAL MEDIA
MANAGEMENT, PRESS RELEASES, METRICS REPORTING AND QUARTERLY
STRATEGIC COMMUNICATIONS PLANNING
WHEREAS, The City is currently working with Tripepi Smith to assist staff with implementing effective strategies, plans, and tactics to better engage our community; and WHEREAS, enhancing media relations is a key aspect of being open and transparent with residents and the community; and
WHEREAS, working with Tripepi Smith has provided a measurable way to determine that the content we are creating is actually resonating with our communities; and WHEREAS, the City Council has adopted the FY 2022-23 Budget on June 28, 2022, representing the financial plan for conducting the affairs of the City of Hercules; and WHEREAS, staff is proposing that General Fund expenditure appropriations for the general communications support including social media management, press releases, metrics reporting and quarterly strategic communications planning; and
WHEREAS, The proposed agreement will continue to help us evaluate the success of our efforts as well as serve as an ongoing feedback mechanism for gathering valuable insights that can help inform ongoing communication strategy; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments and proposed agreement are both fair, appropriate, and warranted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
1. Adopt a resolution authorizing the City Manager to execute an agreement for an amount not to exceed $50,000.00 with Tripepi Smith for General Communications Support; and
2. Amend The FY 2022-23 Budget Appropriation by $50,000.00 to pay for the associated services.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9
th day of August 2022, by the following vote of the Council:
41 AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
City Clerk
42 Proposal for General Communications Support
CITY OF HERCULES
July 15, 2022
VALID FOR 45 DAYS
By: Ryder Todd Smith, Co-Founder & President
43 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2 Table of Contents
Table of Contents.................................................................................................... 2 Executive Summary ................................................................................................. 3 Firm Background ..................................................................................................... 4 Qualifications of Staff ............................................................................................ 10 Proposed Scope of Retainer.................................................................................. 14 Cost Proposal ........................................................................................................ 15 References ............................................................................................................. 19 Attachment A: Resumes ........................................................................................ 22 44 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3
EXECUTIVE SUMMARY
Thank you for the opportunity to present Tripepi Smith’s offerings on communication services. This proposal offers an updated scope to fit the needs of the City of Hercules.
Tripepi Smith is a team of nearly 50 communications experts—robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. We offer a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). The result: we have an ability to tell a complete story across mediums, all within our one team. As a result, the City will only need one communications partner.
Tripepi Smith is a force multiplier for the communication operations in cities across California. From City of Napa to Carlsbad and out to Indian Wells, Tripepi Smith is actively working with dozens of city governments and public agencies. We gain insights from the breadth of our work and share that knowledge with our city clients. No other communications firm has the city client depth and diversity that Tripepi Smith offers. We leverage this experience to the benefit of each client, applying experiences and lessons learned from other client work
We look forward to the opportunity to help tell the story of Hercules for the benefit of its residents, businesses and visitors.
I affirm that I have the authority to bind Tripepi Smith for this proposal.
Regards,
Ryder Todd Smith
Co-Founder & President
Tripepi Smith
45 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 4
FIRM BACKGROUND
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list.
At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Full-time creative professionals generate compelling branding, websites, design, social media, photography and video.
The collaboration between Creative Services and Analysts keeps communications engaging and on-message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need.
Additionally, sometimes for video work, printing, niche website development needs or mailing we may use subcontractors. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with:
InfoSend – Print and Mail House Services
DLS Printer Services – High-end Printing for Collateral Emily Baker – Voiceover Work
46 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 5 Grounded in civic affairs: Co-founder and CFO
Nicole Smith is a 2nd-generation civic affairs
professional (her father was a city manager for 30
years). Meanwhile, co-founder and president of
Tripepi Smith, Ryder Todd Smith, brings over a
decade of public agency marketing and
communications experience to the table.
Legal Structure and Financial Matters
Tripepi Smith is a California S Corporation.
Ownership is equally split between Co-Founders
Nicole D. Smith and Ryder Todd Smith.
Tripepi Smith has been incorporated since 2002
and has generated a profit every year it has been
in operation. We have never had a legal claim
filed against us and have never failed to fulfill a
contract commitment.
Implementing Strategy and Engaging Audiences
Tripepi Smith recognizes the important interplay of public affairs and design. It’s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith’s multi-faceted design team enables us to reach these goals and lead effective creative strategy.
Strategic
Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government.
Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community.
Creative
Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients. “…solutions that reflect
our deep understanding
of local government.”
47 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 6 Content x Distribution = IMPACT
Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution, there is no impact. 48 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 7 Our Services
Strategy, Marketing, Communications
Strategic development, research,
surveys, messaging
Social media management
Web and social media strategy,
optimization (SEO), metrics
Web hosting and support
Email campaigns
Relations (media, stakeholders,
public, government)
Support and training for events,
presentations and virtual
gatherings
Google AdWords, LinkedIn and
Facebook advertising
Creative Services
Full-service graphic design for
digital, print and outdoor
Brand and logo development
Content generation, writing and
editorial
Output services (digital
distribution, print management,
mail management)
Photography, illustration and
information graphics
Video and animation
Web design and implementation
49 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 8 Client Roster
Tripepi Smith has been selected to work with over 60 local government agencies to help with their communications. We can provide you with contacts at any of these clients and are confident you will find them to be quite happy with our services. City or city-related clients we are actively supporting are bolded.
California City Management
Foundation
City of Aliso Viejo
City of American Canyon
City of Azusa
City of Bellflower
City of Burlingame
City of Claremont
City of Coronado
(City of) Culver City
City of Cupertino
(City of) Daly City
City of Danville
City of Duarte
City of El Cerrito
City of Fountain Valley
City of Foster City
City of Fullerton
City of Gilroy
City of Grover Beach
City of Hawaiian Gardens
City of Huntington Beach
City of Indian Wells
City of Industry
City of Irvine
City of La Cañada Flintridge
City of La Palma
City of La Puente
City of La Verne
City of Lake Forest
City of Laguna Hills
City of Laguna Niguel
City of Lancaster
City of Livermore
City of Lomita
City of Lynwood
City of Manhattan Beach
City of Manteca
City of Martinez
City of Millbrae
City of Morgan Hill
City of Murrieta
City of Napa
City of Norwalk
City of Orange
City of Orinda
City of Palm Desert
City of Palmdale
City of Paramount
City of Pismo Beach
City of Placentia
City of Pomona
City of Rancho Palos Verdes
City of Rancho Mirage
City of Riverbank
City of Rolling Hills Estates
City of Santa Ana
City of Santa Clarita
City of Santa Cruz
City of Santa Paula
City of Saratoga
City of Stanton
City of South Gate
City of Tracy
City of Vallejo
City of Vista
City of Walnut
(City of) Yuba City
Town of Windsor
County of Merced
County of Fresno
County of Sonoma
County of Santa Barbara
County of Kings
California Contract Cities
Association
CalChoice Energy CCA
California Joint Powers Insurance
Authority
Citrus Heights Water District
Claremont McKenna College
Costa Mesa Sanitary District
El Toro Water District
Independent Cities Association
Independent Cities
Finance Authority
Inland Empire Utilities Agency
Institute for Local Government
League of California Cities
Municipal Management
Association of
Northern California
Municipal Management
Association of
Southern California
Orange County City
Manager Association
Orange County
Sanitation District
Palmdale Water District
Rowland Water District
San Gabriel Valley City
Managers’ Association
South Orange County Wastewater
Authority
50 City of Hercules / General Communications Support
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 9 Local Government Affiliation and Support
Tripepi Smith is firmly committed to the local government world and actively supports the local government association and professional staff who make cities work. Our sponsorship and affiliation with professional industry groups includes:
California City Management
Foundation
California Association of Public
Information Officials
League of California Cities
California Contract Cities
Association
Independent Cities Association
Orange County City Manager
Association
Cal-ICMA
San Gabriel Valley City
Managers’ Association
Municipal Management
Association of Northern
California
Municipal Management
Association of Southern
California
Institute for Local Government
University of Southern California
City/County Management
Fellowship
California Special District
Association
Work Samples
We encourage you to see all the work we have done for clients through our online portfolio at https://www.tripepismith.com/work
51 City of Hercules / General Communications Support
10 QUALIFICATIONS OF STAFF
It is anticipated that Allison Torres, Business Analyst at Tripepi Smith, will be the project lead. Allison will handle logistics, coordination and project management. Tripepi Smith Principal Ryder Todd Smith will provide his cell phone number to staff and remain available to provide 24-7 to answer questions, develop strategies and otherwise advance the engagement. Director Jennifer Vaughn will manage the account and lead overall strategy. Junior Business Analysts Cailyn Thompson and Melanie Moore will provide agenda management, editorial calendar maintenance, website writing and content support, metric dashboard creation and other duties as assigned.
Of course, Tripepi Smith is a collaborative firm, with many available skillsets. Resources will be brought to the table when necessary to aid the City in telling its story.
Proposed Team
Ryder Todd Smith Jennifer Vaughn Allison Torres
Cailyn Thompson Melanie Moore
52 City of Hercules / General Communications Support
11 Team Details
(See the Resume Attachment A for full professional experience, education and degrees) Team Member Role Description
Ryder Todd Smith
Principal
Role: Strategy
Based in Tustin, CA
Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, publisher of PublicCEO and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics.
Jennifer Vaughn
Director
Role: Account lead,
strategy and quality
assurance
Based in Keller, TX
Jennifer brings over 20 years of experience in the public sector working for local government and public utilities. Prior to coming to Tripepi Smith, Jennifer spent 18 years with Southern California Gas Company (SoCalGas) in a variety of roles. As Public Affairs Manager, she was responsible for representing the company to many Orange County cities by maintaining government and community relations. She served on several Chamber of Commerce boards and as President for the Coastline Community College Foundation. She played an advisory role on the Asian Business Association of Orange County and the Groundwater Replenishment Program. Jennifer also managed a staff promoting energy efficiency solutions to local governments in her role as Public Sector Programs and Partnerships Supervisor before promoting to Public Policy Manager where she provided policy direction and strategy.
Jennifer garnered her initial city government experience with both the City of Anaheim as well as the City of Pasadena. She managed public relations efforts for the Anaheim/Orange County Visitor and Convention Bureau (now Visit Anaheim) during a $4.2 billion renovation of the Anaheim resort. She also served as Marketing and Communications Manager for an international economic development firm that promoted the Alsace region of France.
Jennifer earned both a Bachelor’s Degree in Political Science and a Master’s Degree in Communication from San Diego State University where she also taught public speaking.
53 City of Hercules / General Communications Support
12 Allison Torres
Business Analyst
Role: Content,
Presentations
Based in Chino Hills,
CA
Allison Torres brings a strong background in social media marketing and data analytics to the Tripepi Smith team. Allison graduated from Biola University with a degree in Business Management and flexed her leadership skills as a two-year captain of Biola Women’s tennis team.
She gained experience in marketing and project management during the various internships she held. Previously, she executed social media marketing at TSE Worldwide Press. Allison is a certified Hootsuite Social Marketing Professional and Constant Contact Solutions Provider.
Her client work includes Santa Clarita Valley Water Agency, Clean Energy Alliance, the City of Martinez and the City of Manteca. She is also working closely with Tripepi Smith clients on the 2021 redistricting process.
Cailyn Thompson
Junior Business Analyst
Role: Website and
Project Management
Based in Long Beach,
CA
Cailyn Thompson brings a strong work ethic and open-minded dynamic to the Tripepi Smith Team with a background in recreation, collegiate athletics and event management. She graduated from St.
John’s University (SJU) with a Master of Business Administration degree in Strategic Management and a Bachelor of Science degree in Sport Management with a minor in Business Administration. She developed her skills in leadership, organization and event management in her time at SJU with on-campus internships, the graduate assistantship program and summer employment with the City of Cypress Recreation. Cailyn is a certified Hootsuite Social Marketing Professional.
Her client work includes the City of Tracy, City of Renton, City of Tracy and the City of Downey.
Melanie Moore
Junior Business Analyst
Role: Website and
Project Management
Based in San Mateo,
CA
Melanie is a driven and detail-oriented individual with a background in financial research and marketing. She graduated from Claremont McKenna College with a Bachelor of Arts degree in Economics.
Melanie’s prior experience includes her on-campus involvement with the Financial Economics Institute where she strengthened her research, reporting and data analysis skills to provide insightful models and literature on an accounting labor market issue. She also exercised her creative skill set with website rebranding and B2C marketing solutions work as a marketing intern for CoralTree Hospitality Group and a marketing research analyst for Exous Inc.
Melanie is a certified Hootsuite Social Marketing Professional. Her clients include the City of Manteca and the City of San Bruno.
Resumes for this team who are expected to be assigned to the Hercules engagement are included as Attachment A in the back of this proposal. Tripepi Smith may assign or swap resources as needed to address client specific demands or to leverage certain expertise when needed by Hercules. 54 City of Hercules / General Communications Support
13 Team Tripepi Smith – Org Chart
55 City of Hercules / General Communications Support
14 PROPOSED SCOPE OF RETAINER
Bi-Weekly Check-In Calls & Content Planning
To coordinate our efforts with City Staff and sustain momentum on projects, Tripepi Smith will schedule a recurring, one-hour monthly phone call that will include a City-designated lead for our engagement. These calls will help drive content planning for press releases, social media posts and stories for a potential digital as well as any additional needs that may arise. This will be a working call during which Tripepi Smith will manage an agenda and provide notes for each call. After each call, the client will receive an action summary email about decisions made on the phone call and related action steps. We will produce work, such article drafts, in a shared workspace where the City can see our progress in real time and provide instant feedback as needed.
These tools allow for enhanced collaboration and expedite the production process.
Social Media Management
Content Creation: Social media content creation involves: planning, fact-checking, sourcing graphics, grammar checking and scheduling the post. Tripepi Smith will create up to two (2) posts per week over the course of a month (or generally 8 a month) and distribute them on up to five (5) platforms (e.g. Facebook, Instagram, Twitter, LinkedIn, Nextdoor).
Council Agenda Monitoring: Our work also includes reviewing upcoming council agendas to develop additional ideas worthy of social media or press releases.
News Articles & Press Releases
Tripepi Smith can draft news articles, press releases and/or official statements, which are typically up to five hundred (500) words in length. The City would direct the allocation of stories with Tripepi Smith’s suggestions, making internal subject matter experts available to aid the development of the stories when needed. Additionally, this assumes the City would provide a media and external agencies notification list for use by Tripepi Smith where a press release scenario is desired. The City would also facilitate timely approval of quotes in the release when connected with City Staff or City Councilmembers.
Monthly Dashboard Metrics Report
Each month, Tripepi Smith will provide a summary report in PDF format of the basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and other key metrics if available, such as website visits and e-newsletter platform metrics. This will help us evaluate the success of our efforts as well as serve as an ongoing feedback mechanism for gathering valuable insights that can help inform ongoing communication strategy.
Quarterly Communications Calendar Planning Sessions
The main goal during these two-hour meetings is that each department identifies key communication opportunities and wins to celebrate in the next 6-12 months. We document all this into a shared spreadsheet/editorial calendar that can then serve as a roadmap for the organization to track communications opportunities–or to hand off to the communications team to execute. The exercise breaks down barriers between departments and often helps senior staff recognize communications opportunities they were simply unaware of before. The process also includes Tripepi Smith preparing and giving a presentation that covers notable communications wins to review what has worked well. We conduct these meetings on a quarterly process to refresh our 12-month calendar and stay apprised of the upcoming communication priorities.
Additionally, Tripepi Smith will curate a content calendar with staff that can be shared with media contacts. 56 City of Hercules / General Communications Support
15 COST PROPOSAL
Estimated Cost of Retainer Engagement
Deliverable Quantity/Notes
Project Management Leverages Director, Business Analyst and Junior Business Analyst
Conduct bi-weekly client check-in calls,
provide check-in call recap outlining action
items and deadlines, advise on media
relations and strategy
Max. of 60 minutes per call
TOTAL TASK COST $2,240.00
Social Media Management Leverages Junior Business Analyst with support from Business Analyst
Create and publish social media post
content.
Council Agenda Review to mine
opportunities for social media
2 posts/week
Social media graphic design included
TOTAL TASK COST $2,175.00
Press Releases Leverages Junior Business Analyst
with support from Business Analyst
Create and publish press releases and/or
website news articles
1 press release or news article per month
TOTAL TASK COST $580.00
Metrics Reporting Leverages Junior Business Analyst with review support from Business Analyst
Produce regular report on key performance
metrics for external communication
channels: social media, email, etc.
1 report per month (PDF file)
TOTAL TASK COST $535.00
Quarterly Strategic Communications
Planning
Leverages Principal or Director, Business Analyst,
Junior Business Analyst
Quarterly meeting with Dept. heads to plan
next year of communication opportunities
1 meeting every 3 months
Max. of 2 hours per meeting
Keeping centralized “Content Calendar”
updated throughout the year for staff’s
reference
Via Google Sheets
TOTAL TASK COST $650.00
TOTAL MONTHLY COST $6,180.00
57 City of Hercules / General Communications Support
16 Time and Materials Work
Sometimes, the nature of the work we do cannot be included in a retainer and is best handled on a project price basis or a time & materials basis. In these cases, Tripepi Smith will use the following information and rates to price this additional work with the City. Tripepi Smith can provide regular updates on the budget use and how it is being spent, depending on the nature of the engagement or project.
Title Resource Hourly - Standard Hourly - Retainer
Principal $330 $275
Director $220 $185
Art Director $220 $185
Senior Business Analyst $175 $150
Business Analyst $120 $100
Junior Business Analyst $95 $80
Senior Videographer/Animator $175 $150
Photographer/Videographer $120 $100
Senior Graphic Designer $160 $135
Graphic Designer $120 $100
Junior Graphic Designer $95 $80
Web Developer $175 $150
Drone Operator $175 $150
Retainer Discount
When client monthly retainers exceed six-thousand-five-hundred dollars ($6,500) a month, have access to our reduced Hourly – Retainer rates noted below. Otherwise, any ad hoc work done outside the scope of the Retainer would be at the Hourly – Standard rates.
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional CPI index–whichever is higher-each year on the anniversary of the contract, starting in calendar year 2023.
Billing Schedule & Terms
Retainer Billing
All non-ad hoc work requested by the City will be on a retainer basis with a net 30-day payment term. Tripepi Smith will invoice Hercules on the 15th of every month for that month’s service. Any ad hoc work performed during the prior month will be invoiced on the last day of the month. 58 City of Hercules / General Communications Support
17 Tripepi Smith will email an invoice to the designated email address(es) of the person overseeing our contract and will accept payment by check. Preference is for payment with net 30-day terms.
Fixed price project work will be invoiced per the above noted payment schedule.
Time & Materials Billing
For ad hoc work, time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours.
Other Costs
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement that we want to tell you about.
Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Hourly Rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.
As such, in those cases, the following rates apply:
Title Half Day Full Day
Video Equipment $350 $550
Drone Equipment N/A $500
• Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. • Three-hundred-fifty dollars ($350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed.
• Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
Service Fees
Title Client Pays Directly Client Reimburses TS
Print costs, digital advertising, media
placement, voiceover/captions No Fees 10%
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
59 City of Hercules / General Communications Support
18 Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.
Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees.
Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazine or websites.
Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.
Tripepi Smith Partnership Discounts
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:
PublicCEO
– digital news about public affairs, reaching over 10,000 California government executives https://www.publicceo.com
Civic Business Journal
– digital interest stories about the people in local government https://www.civicbusinessjournal.com
FlashVote
– planning, implementing, measuring civic surveys
https://www.flashvote.com
TS Talent Solutions
– talent search services for local government and related agencies https://tstalentsolutions.com
60 City of Hercules / General Communications Support
19 REFERENCES
Description
City of American Canyon
Jen Kansanback
Communications Manager
707.647.5355
[email protected]
4381 Broadway St., Suite 201, American Canyon, CA
94503
On-demand crisis communications, platforms review,
policy strategy expertise, graphic design, content
production support, video production support, event
management and facilitation, photography services,
media outreach, social media management,
communications and leadership strategy, metric
reporting, website content updates, copywriting services, quarterly communications calendar planning, professional development training.
Primary Assigned Personnel:
Jon Barilone, Principal
Karen Villaseñor, Senior Business Analyst
Kalee Cummings, Junior Business Analyst
Period: 2019 to present
City of Culver City
Shelly Wolfberg
Asst. to the City Manager
310.253.6008
[email protected]
9770 Culver Blvd, Culver City, CA 90232
Communications Assessment, strategy and action items,
social media management, social media and media
monitoring, ongoing communications support,
videography, monthly metrics reporting, photography,
graphic design, bi-weekly client calls and crisis
communications.
Primary Assigned Personnel:
Jon Barilone, Principal
Saara Lampwalla, Senior Business Analyst
Kaetlyn Hernandez, Business Analyst
Claire Torza, Junior Business Analyst
Period: 2017 to present
61 City of Hercules / General Communications Support
20 City of Duarte
Dan Jordan
City Manager
626.590.4633
[email protected]
1600 Huntington Drive, Duarte, CA 91010
Tripepi Smith conducted a full communications
assessment for the City of Duarte in 2014. After ad hoc video, photo and email outreach work over a few years,
the City engaged Tripepi Smith in 2020 to refresh the
2014 communications assessment, create a style guide,
consult in creating a new website and to redesign its
quarterly newsletter. Additionally, the City entered a
retainer agreement for social media services, writing news articles and press releases, updating the website,
delivering monthly metrics reports, conducting weekly
project management calls as well as quarterly strategy
calls with leadership and to produce the quarterly
newsletter.
Primary Assigned Personnel:
Saara Lampwalla, Senior Business Analyst
Danielle Rodriguez, Business Analyst
Claire Torza, Junior Business Analyst
Period: 2014 to present
City of La Cañada Flintridge
Carl Alameda
Assistant City Manager
818.790.8880
[email protected]
One Civic Center Dr., La Cañada Flintridge, CA 91011
Communications assessment, and on-demand
communications support. Community newsletter
generation, media relations management, videography
and strategic message development.
Primary Assigned Personnel:
Cameron Grimm, Director
Kjerstin Wingert, Senior Graphic Artist
Period: 2016 to present
City of Martinez
Eric Figueroa
City Manager
510.325.0072
[email protected]
525 Henrietta St., Martinez, CA 94553
Weekly client calls, social media management, content
production, metrics reporting, graphic design, video
production, website development.
Primary Assigned Personnel:
Jennifer Vaughn, Director
Allison Torres, Business Analyst
Period: 2019 to present
62 City of Hercules / General Communications Support
21 Certificates of Insurance
Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements of the City. 63 City of Hercules / General Communications Support
22 ATTACHMENT A: RESUMES
RYDER TODD SMITH
TRIPEPI SMITH – PRESIDENT 11/00 – PRESENT
● Provide communications advice, strategy and execution services to a range of small to mid-sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals
MAVENT INC – SENIOR VICE PRESIDENT, OPERATIONS 5/05 – 11/09 ● Responsible for quality assurance, technology operations and internal infrastructure organizations ● Built team of technology professionals to manage multi-site production environment at co-location facilities.
● Managed vendor relationships and reviewed all invoices ● Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security ● Developed and managed the departmental budgets for three groups MAVENT INC – VICE PRESIDENT, MARKETING 08/04 – 05/05
● Managed the Company’s outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications
● Developed and managed the marketing budget
MAVENT INC – VICE PRESIDENT, GOVERNMENT RELATIONS 02/03 – 08/04 ● Monitored nationwide political activities that were pertinent to Mavent’s interests ● Developed relationships with third-party interest groups that impacted the Company’s product ● Participated in industry conferences and represented the Company at industry events OLYMPIC STAFFING SERVICES – INFORMATION TECHNOLOGY MANAGER 01/98 – 11/00 ● Managed and controlled all aspects of the technology environment at this five-location, 35- employee company
NORTHROP GRUMMAN CORPORATION – GOV’T REPRESENTATIVE 07/97 – 12/97 ● Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman
● Developed agendas to target upcoming legislative issues ● Assisted in lobbying work and development of testimony
EDUCATION
CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA
● Bachelor of Arts in Politics – Philosophy – Economics with Dual in Economics o Cum Laude Honors
64 City of Hercules / General Communications Support
23 JENNIFER VAUGHN
TRIPEPI SMITH – DIRECTOR 01/22 – PRESENT
● Provide key account project management, strategy and support for communication and marketing initiatives
● Develop content, direct staff and manage timely deliverables to ensure results for clients ● Mentor talent and provide leadership on new marketing efforts and platforms TARRANT COUNTY COLLEGE – ADJUNCT PROFESSOR 09/22 – PRESENT ● Teach public speaking to students with emphasis on informative and persuasive speeches ● Prepare course materials (syllabus, assignments and grading) for accessibility on Canvas online portal
● Manage the learning environment with thoughtful evaluations and enforcement of academic policies
SOCALGAS – PUBLIC POLICY MANAGER 01/21 – 03/21
● Provided policy direction and support for staff with comment letters, talking points and presentations ● Monitored climate action and adaptation plans to ensure natural gas technologies are included ● Presented SoCalGas’ policies via participation in conferences and industry committees SOCALGAS – PUBLIC SECTOR PROGRAMS 12/17 – 1/21
● Supervised eight program managers charged with promoting energy efficiency to local government
● Monitored and maintained $1.8 million budget amongst 12 local government partnership programs
● Implemented strategy to serve higher education & food service customers by collaborating across departments to generate publicity, retain customer base and capitalize on programs and opportunities
SOCALGAS – PUBLIC AFFAIRS MANAGER 02/03 – 12/17
● Represented SoCalGas for the County of Orange and served as official spokesperson and liaison to members of Congress, State Senate and Assembly
● Partnered with Media Relations, Field personnel and first responders during damage incidents to provide a safe working environment and respond to news inquiries via television, radio and print ● Developed and implemented outreach communications strategies for various SoCalGas projects ● Conducted community meetings and ongoing communication with impacted residents during SoCalGas projects, including outrage management of high-profile, hostile customers CITY OF PASADENA – MANAGEMENT ANALYST 03/02 – 01/03
● Coordinated the Planning and Development department’s relations with the Mayor, City Council and Executive Committee ● Led inter-department team to establish an employee communication plan to be administered in the Planning and Development department
● Researched and analyzed various legislative and administrative issues pertinent to the department ranging from zoning and building permits to demolition of single-family homes
EDUCATION
SAN DIEGO STATE UNIVERSITY – SAN DIEGO, CA
● Master of Arts in Communications
● Bachelor of Arts in Political Science
65 City of Hercules / General Communications Support
24 ALLISON TORRES
TRIPEPI SMITH – BUSINESS ANALYST 10/20 – PRESENT
● Conduct market research to provide client insights
● Manage social media and respond to public questions
● Write stories and press releases for the firm’s website and city clients TSE WORLWIDE PRESS – WEB DESIGNER, MARKETING LIAISON 05/20 – 08/20 ● Designed two custom websites for TSE Worldwide Press and United Yearbook, a subsidiary company
● Developed strategic social media audits and campaigns ● Implemented a Diversity and Inclusion Policy through researching the company and policy FELLOWSHIP MONROVIA – CENTER FOR RACIAL RECONCILIATION INTERN 08/19 – 05/20 ● Conducted research for racial disparities within Los Angeles County and created visual reports on Tableau
● Assisted in the development of new programs and educational content ● Supported the Center’s director with scheduling and daily tasks SOUTHERN CALIFORNIA EDISON – TACTICAL SCHEDULING INTERN 05/18 – 08/19 ● Automated and programmed an interactive tool for change management to existing projects ● Lead four department wide training on how to use the change management tool ● Assisted the department Director with implementing an updated organizational structure
EDUCATION
● Bachelor of Science in Business Management – Biola University – La Mirada, CA o Dean’s List Recipient
PROFESSIONAL DEVELOPMENT
● Writing with Flair: How to Become an Exceptional Writer Udemy Course 11/20 ● Ninja Writing: The Four Levels of Writing Mastery Udemy Course 11/20 ● Editing Mastery: How to Edit Writing to Perfection Udemy Course 11/20
CERTIFICATIONS
● Hootsuite Social Marketing 10/20
SOFTWARE
● Microsoft PowerApps
● Canva
● Hootsuite
● SharePoint Designer
● Tableau
● Microsoft Office
66 City of Hercules / General Communications Support
25 CAILYN THOMPSON
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 09/21 – PRESENT ● Conduct market research to provide client insights
● Manage social media platforms and respond to public questions ● Write stories and press releases for the firm’s website and city clients CITY OF CYPRESS – DAY CAMP DIRECTOR 04/19 – 09/21
● Planned and coordinated the program’s day-to-day operations ● Managed participant information, camp supply records and resource records ● Directed staff trainings and conducted weekly planning meetings ST. JOHN’S UNIVERSITY – ATHLETIC ADMINISTRATION GRADUATE ASSISTANT 09/19 – 05/21 ● Assisted with the coordination and creation of game contracts for 16 NCAA Division I teams ● Supported the Deputy Athletics Director by organizing the staffing and operation of the Athletic Fueling Station
● Maintained program budgets and expense reports
ST. JOHN’S UNIVERSITY – ATHLETIC EQUIPMENT OPERATIONS INTERN 09/18 – 05/19 ● Assisted in the daily operations of equipment procurement ● Maintained inventory and assisted with the distribution of equipment for 16 NCAA Division I teams, team staff and athletics departmental staff
ST. JOHN’S UNIVERSITY – ATHLETIC EVENTS AND PROGRAMMING INTERN 09/16 – 05/19 ● Supported the Assistant Athletics Director by overseeing Division I game day operations ● Assisted with event planning and management
● Acted as site supervisor for external events
● Conducted daily walkthroughs of athletic facilities including Carnesecca Arena, Belson Stadium and Jack Kaiser Stadium
EDUCATION
● Master of Business Administration in Strategic Management – St. John’s University – Queens, NY ● Bachelor of Science in Sport Management – St. John’s University – Queens, NY
CERTIFICATIONS
● Hootsuite Social Marketing 09/21
SOFTWARE
● Adobe Lightroom
● Adobe Acrobat
● Microsoft Office
● Google Suite
● Concur Solutions
67 City of Hercules / General Communications Support
26 MELANIE MOORE
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 08/21 – PRESENT ● Conduct market research to provide client insights
● Manage social media platforms and respond to public questions ● Write stories and press releases for the firm’s website and city clients FINANCIAL ECONOMICS INSTITUTE – RESEARCH ANALYST 07/20 – 05/21 ● Surveyed and compiled yearly numerical research into excel on the 150-hour rule ● Aggregated a database of existing literature and research ● Created in-depth statistical models and graphs in STATA and excel ● Wrote academic literature compiling findings
CORALTREE HOSPITALITY GROUP – MARKETING INTERN 07/20 – 08/20 ● Sourced digital media to rebrand the CoralTree website ● Curate photographic and written content for CoralTree’s portfolio websites ● Created a pitch deck repository as a reference guide for future investment pitches ● Conscripted COVID-19 safety emails and messaging for hotels EXOUS INC. – MARKETING RESEARCH ANALYST 06/19 – 08/19
● Compiled customer feedback from in-store retailers to assess customer satisfaction ● Analyzed weekly sales reports of Bay Area in-store retail distribution channels ● Formulated suggestions to improve store compliance and sales strategies ● Tracked weekly service installation reports to increase monthly customer retention
EDUCATION
● Bachelor of Arts in Economics – Claremont McKenna College – Claremont, CA o Scholar Athlete Recipient
CERTIFICATIONS
● Hootsuite Social Marketing 08/21
SOFTWARE
● Python, Stata, R
● Photoshop
● Microsoft Office
● WordPress
● Google Suite
● Hootsuite
68 City of Hercules / Communications Engagement
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 1
CITY OF HERCULES
Communications Report
February 2022 – July 2022
69 City of Hercules / Communications Engagement
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2
INTRODUCTION
Tripepi Smith appreciates the opportunity to communicate to residents and the public on behalf of the City of Hercules and be able to further the City Council goal of increased transparency.
Since February 2022, Tripepi Smith has been providing communication services for the City of Hercules, including social media support, press release writing, social media and news outlet media monitoring, graphic design support and hosting the roundtable Quarterly Communication Meetings to allow for department heads to think under a communication lens.
Outside of the normal retainer work, the Tripepi Smith team has aided the City in creating its new biweekly newsletter on Constant Contact, a survey for its Diversity Equity & Inclusion town hall, mailers for both the Housing Element Update and Ballot Initiative, a website for the Ballot Initiative and executed a stock photoshoot.
This document supplements the Dashboard Report to highlight the City’s communication successes with the Tripepi Smith partnership.
70 City of Hercules / Communications Engagement
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3
FOLLOWERS & SUBSCRIBERS
Since February 2022, the followers and subscribers across all City platforms (Facebook, Instagram and Nextdoor) has increased by 5.1%. The increase in followers can be attributed to the creation of the Instagram account and posting regular content.
Tripepi Smith worked with the City to create the City’s Instagram account at the start of the engagement. By sharing content on Instagram, residents within the City have an additional avenue to communicate with the City and stay up-to-date on City initiatives and events. Instagram typically has a younger demographic that would not be on Facebook or Nextdoor. Being able to offer City resources through Instagram supports the City’s goals of transparency.
NUMBER OF POSTS
The City was posting on social media an average of 2 times per month prior to contracting with Tripepi Smith. Sihce February, when the retainer agreement was initiated, the City has increased posting by an average of 57 posts per month.
Tripepi Smith meets with staff quarterly to collect pertinent information from City leadership to share onto the City’s channels. Bi-weekly calls assist with fine tuning those messages and ensuring the Hercules citizens stay apprised of the City’s many achievements and activities.
The current retainer allows for three social media posts to be posted on each platform every week.
Tripepi Smith is a firm believer that Content x Distribution = Impact. The sheer number of posts combined with consistency demonstrates the City’s commitment to open lines of communication with its residents and businesses. Residents become accustomed to the steady stream of communication, which builds trust and transparency. The City will always have important and timely information that needs to be shared with the community, and this partnership allows staff the opportunity to share that information efficiently.
IMPRESSIONS AND ENGAGEMENT
The impressions and engagement from February to July has yielded an increase of nearly 5500%.
The increase in the City’s metrics is tied to how many posts the City has been posting, showing that the consistent posts are impacting residents.
Tripepi Smith’s understanding how each platform operates has contributed to the record-breaking metrics.
71 City of Hercules / Communications Engagement
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 4 Facebook tends to be a “catch-all” on what performs well, but it is definitely a platform where people like to engage with the City.
Generally, for Instagram, more light-hearted and visually appealing posts generated positive engagement, such as class instructor highlights.
While Nextdoor does not generate as much regular discussion as Facebook, residents tend to pay attention to updates that can have a substantial and potentially long-term impact on the community. This can be reflected in the engagement that the Charter City message received since it reached its highest engagement on Nextdoor.
TOP POSTS AND SOCIAL MEDIA WINS
The City of Hercules’ top social media posts and wins are reflective of what posts perform well on each platform. Boosted posts are also another significant social media win for the City.
Tripepi Smith has boosted posts on behalf of the City for the Housing Element Update, the Ballot Initiative and the Waterfront Workshops. Boosted posts can be place on Facebook and Instagram and are a great way to make the City’s posts more effective. Boosting posts places them higher on community members' newsfeeds, which means the community has a much higher chance of seeing the City’s content.
Other social media wins include the increased comments and messages the City has been receiving across all platforms. Residents have felt more comfortable to express their opinions with the City on the social channels since there have been an increase effort in communicating important City updates.
MEDIA MENTIONS AND WINS
Tripepi Smith utilized a powerful and effective media monitoring tool called Meltwater.
Under the Tripepi Smith engagement the City has been publishing an average of two press releases per month. With the consistent stream of information being sent out to the media, the City has seen an increase of media mentions by 33%.
Leverage and enhancing media relations is a key aspect of being open and transparent with residents and the community since residents are typically receiving their news from local media outlets and not the City directly. By producing press releases and building relationships with reports, the City can ensure that their message is being amplified throughout the region.
72 City of Hercules / Communications Engagement
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 5
CLOSING REMARKS
The City has done a phenomenal job engaging its citizens through various media channels and leveraging partners like Tripepi Smith to help execute that work. As the data shows, the City has received ample amount of attention from residents and the community at large. Keeping up with the number of communications (press release and social media posts) is key in being able to continue this upward trajectory.
We are excited for the opportunity to continue our partnership and celebrate additional success with the City of Hercules.
73 Dashboard Report
Mid-July 2022
FOLLOWERS / SUBSCRIBERS / MEMBERS NUMBER OF POSTS
City Facebook [1]
City Instagram
[2] City Nextdoor SUM Growth (%) City Facebook City Instagram City Nextdoor 2022 - February 980 - 8,109 9,089 -- 2022 - February 2 0 0 2022 - March 1,016 - - 1,016 -- 2022 - March 8 0 4
2022 - April 1,045 2 8,225 9,272 -- 2022 - April 20 5 17 2022 - May 1,069 18 8,277 9,364 -- 2022 - May 24 22 24
2022 - June 1,096 58 8,353 9,507 -- 2022 - June 22 19 19 2022 - July (as of 7/20) 1,127 71 8,383 9,581 5.41% 2022 - July (as of 7/20) 13 12 12 IMPRESSIONS [3]
City Facebook
Impressions
City Instagram
Impressions
City Nextdoor
Impressions SUM Growth (%)
2022 - February 983 - 0 983 -%
2022 - March 39,408 - 2,004 41,412 -
2022 - April 31,584 669 9,268 41,521 -
2022 - May 17,700 324 10,452 28,476 -
2022 - June 77,636 12,398 10,024 100,058 -
2022 - July (as of 7/20) 8,099 588 5,972 14,659 1391.3% ENGAGEMENT [4]
City Facebook City Instagram City Nextdoor SUM Growth (%) 2022 - February 26 - 0 26 -%
2022 - March 2,276 - 4 2,280 -
2022 - April 1,456 1 23 1,480 -
2022 - May 1,252 25 67 1,344 -
2022 - June 3,236 44 83 3,363 -
2022 - July (as of 7/20) 1,010 31 63 1,104 4146.2%
74 TOP SOCIAL MEDIA POSTS [5]
City Facebook
City Instagram
75 SOCIAL MEDIA WINS
Boosted Posts
City Facebook Comments/Engagement
76 City Nextdoor Comments/Engagement
77 MEDIA MENTIONS & WINS
78 [1] Facebook followers is reported as likes and shows the number of Facebook users who liked your page. [2] The City Instagram page was created in mid-April.
[3] Definition of "impressions" is the number of times that any content associated with your page was displayed to a user. [4] Definition of "Post Engagement"
the number of times that users reacted to, commented on, shared, or clicked on your posts [5] Top posts for the City's Facebook page were related to city updates, and local events.
Top posts for the City's Instagram were related to city updates, and local events.
The top posts show that the residents and followers of the City engage the most with news that will directly impact them on a daily basis. 79 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Approve Memorandum of Understanding with the Hercules Police Officers Association (HPOA).
RECOMMENDATION:
Adopt a Resolution Approving a Memorandum of Understanding with the Hercules Police Officers Association (HPOA).
FISCAL IMPACT OF RECOMMENDATION:
Approval of these new labor-related items will result in costs, both ongoing and one-time in nature.
The proposed MOU and Pay Plans cover a two-year period. The ongoing costs for the employees covered through these approvals are illustrated below. The table below breaks out the costs by fiscal year:
FY 2022-23
Group Annualized On-Going Costs One-Time Costs
Police $162,000 $87,000
2023-24
Group Annualized On-Going Costs One-Time Costs
Police $175,000 $90,000
The adopted FY 22-23 Budget provides an amount for both ongoing and one-time costs of 3% Ongoing and 3% One-time Retention Bonus. The long-term forecast projects a 3% increase in costs on an ongoing basis. Available ongoing and one-time monies are anticipated to be sufficient in FY 22-23 and FY 23-24 to meet the obligations. Labor agreements are still pending with the Teamsters represented groups of employees and the executive, mid-management, and unrepresented groups of employees. Depending on the outcome of those negotiations, it is anticipated that total ongoing costs will exceed what is budgeted for FY 22-23. As expected in the budget, these costs would be funded from the available balance, and the budget will be adjusted at mid-year. 80 DISCUSSION:
Existing Memorandums of Understanding (MOU) and agreements with HPOA employees have terms which ended June 30, 2022. The City has been engaged in the meet and confer process as required by law with the represented employees and in a consultation process with non-represented employees.
The City Council has been providing the City’s labor negotiator with direction in closed sessions over the past few months. The City has reached an agreement with the HPOA on a proposed two-year Memorandum of Understanding. A summary of the changes proposed by the HPOA employee groups is set forth below:
Group Summary of Terms
Hercules POA
MOU Term to June 30, 2024
(two years)
FY 22-23
4.5% COLA effective July 1, 2022
One-time 3% non-PERSable
retention payment with employees
able to elect to direct payment to
deferred comp.
FY 23-24
4.5% COLA effective July 1, 2023.
One-time 3% non-PERSable
retention payment with employees
able to elect to direct payment to
deferred comp.
ATTACHMENTS:
1. Resolution
2. Memorandum of Understanding with Hercules POA
81 RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A MEMORANDUM OF UNDERSTANDING “MOU” WITH THE HERCULES POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2024 WHEREAS, the most recent agreement between the City of Hercules and the Hercules Police Officers Association (HPOA) expired on June 30, 2022; and WHEREAS, the City and the HPOA have been engaged in negotiations for a successor Memorandum of Understanding (MOU); and
WHEREAS, the resulting MOU reflects a two-year package that will enable the City to provide reasonable workforce stability; and
WHEREAS, the first year ongoing costs of approximately $162,000 and the one-time costs of approximately $87,000 in 2022-23 fiscal year will be included in the FY 2022-23 Mid-Year Budget Adjustments; and
WHEREAS, the ongoing second-year costs of approximately $175,000 and the one-time costs of approximately $90,000 in the 2023-24 fiscal year will be included in the budget that year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves and authorizes the City Manager to sign and implement the Memorandum of Understanding with the Hercules Police Officers Association covering July 1, 2022, to June 30, 2024.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9th day of August 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
______________________________
Lauren Berges, City Clerk/PIO
82 MEMORANDUM OF UNDERSTANDING FOR
POLICE OFFICERS’ ASSOCIATION
OF THE CITY OF HERCULES
Effective July 1, 2022 through June 30, 2024
Per Resolution No. 22-xxx
July 1, 2022 – June 30, 2024
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 83 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERCULES AND
THE HERCULES POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
Page
ARTICLE I - RECOGNITION ........................................................................................................ 1 ARTICLE II - NONDISCRIMINATION ....................................................................................... 1 ARTICLE III - MANAGEMENT RIGHTS AND RESPONSIBILITY ..................................... 1 A. Management Rights ................................................................................................. 1 ARTICLE IV - SUPPORT OF AGREEMENT.............................................................................. 2 ARTICLE V - LEAVES..................................................................................................................... 3 A. Sick Leave ......................................................................................................................... 3 B. Authorized Leaves of Absence Without Pay ........................................................... 3 C. Unauthorized Leaves of Absence ............................................................................ 5 D. Jury Duty ................................................................................................................. 5 E. Military Leave.............................................................................................................. 5 F. Pregnancy Disability Leave ..................................................................................... 5 G. Family Medical Leave Act of 1993 ......................................................................... 6 H. Catastrophic Illness and Donations of Leave by Employees...................................... 6 I. Bereavement Leave...................................................................................................... 6 ARTICLE VI - HOURS OF WORK ........................................................................................... 6 A. Work Assignment ........................................................................................................ 6
1. Hours of Work ............................................................................................ 6
2. Break Periods................................................................................................... 7 B. Overtime .................................................................................................................. 7 C. Compensatory Time Off .......................................................................................... 7 D. On Call Pay ............................................................................................................. 7 E. Call Back Pay....................................................................................................... 8 F. Court Pay................................................................................................................. 8 G. Department Training.................................................................................................... 9 ARTICLE VII - VACATION PLAN ............................................................................................... 9 ARTICLE VIII - HOLIDAYS......................................................................................................... 10 A. Holidays...................................................................................................................... 10 ARTICLE IX - GENERAL PROVISIONS................................................................................... 11 A. Payroll Deductions..................................................................................................... 11 ARTICLE X - COMPENSATION ................................................................................................. 11 i
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 84 A. Salaries........................................................................................................................ 11 B. Salary Upon Hire................................................................................................... 12 C. Salary Step Advancement.......................................................................................... 12 D. Incentive Pay Plan................................................................................................. 12 E. Education Reimbursement......................................................................................... 13 F. Education Incentive Pay........................................................................................ 14 G. Bilingual Pay......................................................................................................... 14 H. Field Training Officer Pay Differential ................................................................. 14 I. Shift Differential…………………………………………………………………14
J. Assigned Positions……………………………………………………………….14 K.
Out-of-Class Work ............................................................................................................ 15
1. Officer in Charge ........................................................................................... 15
2. Acting Commander ................................................................................... 15
3. Acting Chief of Police ............................................................................... 15 L. Uniforms..................................................................................................................... 15
1. New Employees............................................................................................. 15
2. Uniform Allowance ....................................................................................... 16 M. Work-Out Pay ....................................................................................................... 16 N. K-9 Differential.......................................................................................................... 16 O. Longevity Pay ....................................................................................................... 16 P. Assigned Take-Home Department Vehicles............................................................. 17 Q. Assigned Position - Corporal..................................................................................... 17 R. Computer Loan Program ........................................................................................... 17 ARTICLE XI - DEFERRED COMPENSATION PLAN............................................................ 17 ARTICLE XII - EMPLOYEE RETIREMENT PLAN............................................................ 17 ARTICLE XIII - MEDICAL AND INSURANCE BENEFITS.................................................. 18 A. Medical.................................................................................................................. 18
1. Medical Redirect............................................................................................ 21
2. Vision/Dental ................................................................................................. 21 B. Dental and Orthodontic.............................................................................................. 21 C. Vision.......................................................................................................................... 21 D. Other Insurance Benefits ........................................................................................... 22
1. Long-Term Disability ................................................................................ 22
2. Life ................................................................................................................. 22
3. Accidental Death and Dismemberment........................................................ 22 E. Vantage Care Retiree Health Savings Program........................................................ 22 ARTICLE XIV - LAY-OFF POLICY AND PROCEDURE..................................................... 22 A. Discretion of City.................................................................................................. 22 B. Notification................................................................................................................. 22 C. Vacancy and Demotion ......................................................................................... 22 D. Employee Rights................................................................................................... 23 E. Seniority................................................................................................................ 23 F. Employment Status.................................................................................................... 23 DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 85 G. Re-employment List ....................................................................................................... 23 H. Duration of Re-employment List .................................................................................. 24 ARTICLE XV - OUTSIDE EMPLOYMENT AND OUTSIDE ACTIVITIES ....................... 24 A. General Prohibition.................................................................................................... 24 B. Definition .............................................................................................................. 24 C. Chief of Police’s Approval ........................................................................................ 25 D. Retroactive and Prospective Application ............................................................... 25 E. Grievance Authority .............................................................................................. 25 F. Penalty for Violation of this Section ..................................................................... 25 ARTICLE XVI - DISCIPLINARY ACTION PROCEDURES.................................................. 25 A. Applicability of This Section................................................................................. 25 B. Grounds for Discipline............................................................................................... 25 C. Delegation of Disciplinary Action......................................................................... 26 D. Types of Discipline ............................................................................................... 26
1. Written Reprimand ........................................................................................ 27
2. Suspension ..................................................................................................... 27
3. Demotion................................................................................................... 28
4. Reduction in Pay ....................................................................................... 28
5. Discharge ....................................................................................................... 28 E. Disciplinary Appeal Process...................................................................................... 28 ARTICLE XVII - GRIEVANCE PROCEDURE......................................................................... 33 A. Definitions.................................................................................................................. 33 B. General Provisions..................................................................................................... 33 C. Procedures .................................................................................................................. 34
1. Level I - Information/Resolution .................................................................. 34
2. Level II - Formal Written Grievance......................................................... 34
3. Level III - Appeal to the Chief of Police................................................... 35
4. Level IV - Advisory Mediation................................................................. 35
5. Level V - Appeal to the City Manager...................................................... 36 ARTICLE XVIII - WAIVER CLAUSE ........................................................................................ 37 ARTICLE XIX - SEVERABILITY................................................................................................ 37 ARTICLE XX - DURATION.......................................................................................................... 37 ARTICLE XXI - PERSONNEL RULES AND REGULATIONS ............................................. 37 SIGNATURE PAGE......................................................................................................................... 38 DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 86 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERCULES AND
THE HERCULES POLICE OFFICERS ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code section 3500 et seq). Parties to this Memorandum of Understanding (“MOU” herein) are the City of Hercules (“City” herein) and the Hercules Police Officers Association (“Association” herein). The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of the employees represented by the Association and have exchanged freely information, opinions and proposals and have endeavored to reach an agreement on matters relating to the employment, conditions, and employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council as a joint recommendation of the undersigned for salary, fringe benefits, and other working conditions for the period of July 1, 2022 - June 30, 2024, and shall be in full force and effect at such date as herein prescribed, on ratification by both the City Council and affected members of the Police Association.
ARTICLE I - RECOGNITION
The City recognizes the Association as the exclusive representative of the full-time sworn employees of the Hercules Police Department in the classifications of Sergeant and Police Officer.
Said recognition herein shall remain in full force and effect unless decertified according to procedures adopted in conformity with State law. The provisions of this article shall not preclude any individual representing him/herself in matters of employer/employee relations.
ARTICLE II - NONDISCRIMINATION
No bargaining unit members represented by the Association shall be reduced or removed, or in any way favored or discriminated against because of race, sex, national origin, or religion.
Neither the City nor the Association shall interfere with, intimidate, restrain, coerce, or discriminate against bargaining unit members because of the exercise of their rights to engage or not to engage in employee organization activities pursuant to Government Code Section 3500 et seq.
ARTICLE III - MANAGEMENT RIGHTS AND RESPONSIBILITY
1. Management Rights
- The City retains all its exclusive rights and authority under State law and expressly and exclusively retains its management rights, which include, but are not limited to:
- The exclusive right to determine the mission and organization of its constituent departments and commissions;
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 87 - Set standards and levels of service;
- Determine the procedures and standards of selection for employment and promotions;
- Establish and effect administrative regulations consistent with laws and the provisions of this Memorandum of Understanding to direct its employees; - Maintain the efficiency of governmental operations;
- Determine the methods, means, and numbers and kinds of personnel by which governmental operations are to be conducted;
- Determine methods of financing;
- Determine and/or change the facilities, methods, technology, means, organizational structures, and size and composition of the work force and allocate and assign work by which the City operations are to be conducted;
- Determine and change the numbers of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions; - Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; - Take all necessary actions to carry out its mission in emergencies; - Exercise complete control and discretion over its organization and the technology of performing its work; and
- Take actions as are in the interest of effective service to the community.
The City maintains the right to use qualified volunteers or reserves in the Police Department. Use of said individuals shall be in accordance with State law and Police Department regulations.
ARTICLE IV - SUPPORT OF AGREEMENT
During the term of this agreement, the City agrees not to negotiate with any organization other than the Police Officers Association or its designated representatives on matters on which the Association is the exclusive representative and which is within its scope of representation. The Association agrees to negotiate only with the representatives officially designated by the City to act on its behalf.
The Association is given a bank of 120 hours for Association business during the term of this MOU.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 88 ARTICLE V - LEAVES
A. Sick Leave
1. The City provides paid sick leave benefits for all full-time sworn employees. Sick leave accrues at the rate of eight (8) hours per month for each month in which an employee has worked a minimum of 96 hours. The maximum accrual of sick leave is 2,080 hours. The City does not pay employees for unused sick leave upon termination for any reason.
Sick leave may be taken by an employee only under the following circumstances:
- When sickness prevents performance of services, functions, or duties; - In the event of a serious illness to a member of the employee’s immediate family (defined as the employee’s spouse, parent, step-parent, brother, sister, child, step child, domestic partner, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparent, grandchild or legal guardian); or for a scheduled medical or dental appointment for the employee or the employee’s dependent children, in the event that the appointment requires the employee to be absent from work.
In requesting sick leave, members must notify, or make reasonable effort to notify, the watch commander four (4) hours prior to the member’s work shift. The City may require an employee to submit a doctor’s excuse for sick leave under the following circumstances:
- More than two (2) consecutive sick leave days taken by the employee. - With prior notification of the employee.
In cases where an employee’s request for sick leave would normally be approved, but there is no sick leave accrual available, then the absence shall be charged against the available vacation or compensatory time balance. If there is no such vacation or compensatory time available, then the time off shall be recorded as an authorized unpaid Leave of Absence. An employee claiming for long-term disability benefits shall not be required to first exhaust paid leave.
If an employee’s death is duty-related, his beneficiary shall be entitled to reimbursement for all that officer’s accumulated unused sick leave.
B. Authorized Leaves of Absence Without Pay
1. Requesting Leave
Upon the recommendation of the Chief of Police, the City Manager may, in his or DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 89 her discretion, grant an employee an unpaid Leave of Absence not to exceed three (3) months. Employees desiring to take time off without pay who have no leave balances available shall submit a request in writing to the Chief of Police. Whenever possible, such request shall be submitted at least five (5) weeks in advance.
2. Extension of Leaves
During the period of the Leave of Absence, an employee may request that the leave be extended by submitting such a request in writing to the City Manager stating the reason for the extension. Such a request may be approved or disapproved by the City Manager as described in the above section. No Leaves of Absence exceeding one (1) year may be granted under any circumstances.
3. Early Return From Leaves of Absence
An employee may request permission from the City Manager to return to work prior to the approved expiration of the leave. Approval of the City Manager for such early returns is discretionary.
4. Failure to Return to Work From Leave of Absence
Failure of an employee to return to work on the approved date is grounds for disciplinary action up to and including dismissal.
5. Benefits During Leaves of Absence
Employees on leave of absence may continue their medical and insurance benefit coverage by reimbursing the City directly for the amount of the insurance premiums in advance. Such reimbursement must be made in advance by the 30th day of the preceding month for the subsequent month for each month in which the employee wishes to receive coverage. Should the employee fail to submit payment on a timely basis, the Personnel Department will send the employee a reminder notice. Coverage in any plan will be dropped if the employee is more than 30 days late in making a premium payment.
6. Status of Employee on Authorized Leave of Absence
a. An authorized Leave of Absence does not represent a break in employment for a full time sworn employee. Such an employee retains all accrued vacation, sick leave, and other rights as exist at the time the Leave of Absence begins.
However, only active full-time service shall count towards accumulated seniority or toward benefits, which accrue according to length of service (including vacation and sick leave). Vacation, sick leave, holiday, and merit salary increases do not accrue to an employee on leave during the period of such leave.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 90 b. An employee returning from Leave of Absence shall return to the same salary step or relative placement in the pay range existing at the time the employee returns to work.
C. Unauthorized Leaves of Absence
Any unauthorized Leave of Absence may be cause for disciplinary action.
D. Jury Duty
The City provides jury duty leave with pay for all sworn employees who are called upon to serve for court jury duty according to the following provisions:
1. An employee called for jury duty should immediately notify the Chief of Police by providing the jury summons indicating the date, time, and place.
2. An employee may either remain in regular pay status and turn over to the City all jury duty wages (less mileage allowance if provided by the Court), or may take vacation leave, compensatory time off, or authorized Leave of Absence without pay and retain all jury duty wages.
E. Military Leave
Military Leave of Absence shall be granted within the provisions of State law.
F. Pregnancy Disability Leave
1. Employees are entitled to use sick leave, accrued vacation and/or compensatory time off for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing Leaves of Absence for other temporary illness or medical disability.
2. Such leave shall not be used for childcare, child rearing, or preparation for childbearing, but shall be limited to those disabilities as set forth above.
3. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the employee and the employee’s physician; however, the Personnel Department may require a verification of the extent of disability through a physical examination of the employee by a physician appointed by the City at City expense.
4. Employees are entitled to leave without pay or other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave has been exhausted on the same terms and conditions applicable to other temporary illness or medical disability.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 91 5. The employee on pregnancy disability leave shall be returned to an equivalent position within her classification.
G. Family Medical Leave Act of 1993
1. The City shall provide eligible employees with family care leave in accordance with the Federal Family Medical and Leave Act (FMLA) and the California Family Rights Act (CFRA). Under FMLA and the CFRA, eligible employees may take up to twelve (12) weeks of unpaid leave; however, employees must first use accrued vacation and compensatory time leave.
H. Catastrophic Illness and Donations of Leave by Employees
1. HPOA members may participate in the City of Hercules Catastrophic Illness Plan as donors and receivers of hours.
I. Bereavement Leave
Bereavement leave of up to 24 hours shall be provided to employees in the event of a death in the immediate family of the employee. In addition to the 24 hours of bereavement leave, employees may use accrued unused vacation or sick leave to extend their bereavement leave up to a total of 40 hours. At the discretion of the City Manager, additional time may be taken as vacation, sick leave or unpaid leave.
Immediate family of an employee is defined as: parents, step-parents, parent-in-laws, spouse, domestic partner, child, step child, brother, sister, grandparents, grandchildren, brother/sister in-law, son/daughter-in-law or legal guardian.
In special cases, the City Manager may approve a leave of absence for bereavement in other circumstances.
ARTICLE VI - HOURS OF WORK
A. Work Assignment
Full-time employees shall be assigned to a shift designated by the Chief of Police after a meet and confer with the HPOA on the number of days and hours equaling eighty (80) hours per two week period at such times as designated by the Chief of Police.
1. Hours of Work
a. Effective January 1, 1996, the City designated a 7(k) exemption under FLSA of one hundred and seventy-one (171) hours per 28-day period as the standard work period.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 92 2. Break Periods
Employees shall receive one (1) fifteen-minute break during the mid-portion of each four-hour block of time. In addition, employees shall receive allowance of forty-five minutes for meals during each shift of duty. If an employee does not receive at least thirty minutes for meal break during a shift, he/she shall be paid compensation for forty-five minutes at a time and one-half (1-1/2) rate.
B. Overtime
1. All employees required to work in excess of their regularly assigned shift shall receive compensation at the rate of time and one-half (1-1/2) of the employee’s regular base rate of pay for each additional quarter hour of work performed.
2. An employee required to work in excess of 171 hours per 28-day period shall receive time and one-half (1-1/2) of the employee’s regular base rate plus, if assigned shift differential, Officer-In-Charge (OIC) pay, Field Training Officer pay, and education incentive pay.
3. Overtime shall be earned and recorded in quarters (1/4th) of an hour increments rounded to the nearest quarter (1/4th) of an hour.
C. Compensatory Time Off
In lieu of receiving cash payment at the regular rate of pay (Section B) for overtime hours worked, an employee may elect the option of taking compensatory time off (CTO).
Compensatory time off shall be earned at the rate of time and one-half for each hour worked. Compensatory time off must be requested by the employee when submitting an overtime slip. No more than two hundred forty (240) hours of compensatory time off may be accumulated. Compensatory time off must be scheduled with the advance approval of the Chief of Police or his/her designee. Use of accumulated compensatory time off shall follow the current guidelines provided by the United States Department of Labor.
D. On Call Pay
Detectives and other employees who are required to remain on call or on court telephone standby by the Chief of Police or his/her designee shall be restricted from traveling to any location which would preclude his/her return to duty within one-half hour and shall be required to maintain the ability to be contacted by phone at all times. Employees shall be compensated at the following rate:
$50.00 per weekday
$55.00 per weekend day
$60.00 per holiday
Detectives shall have full use of a take-home City vehicle while on call.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 93 E. Call Back Pay
When an officer is called back to duty by a supervisor, that officer shall be compensated at one and one-half (1-1/2) times his/her regular hourly rate. Any compensation for being called back to duty shall cease after the officer is relieved from duty by his/her supervisor.
Any employee represented by the Association who is called back in accordance with this article shall be compensated for a minimum of four (4) hours. The City and the Association agree that the intent of this Article is to compensate employees who are called back to duty on an emergency or urgent basis, or for department meetings, training, or City business, and that this Article shall not apply if “call back” work hours are contiguous either prior to or at the end of the employee’s normally assigned shift. If an employee receives, less than eight (8) hours notice to return to duty for hours that are contiguous and prior to the normally assigned shift, the minimum shall apply.
F. Court Pay
An employee shall be entitled to receive compensation for a court appearance as a witness subpoenaed by the City, the State of California, or the United States, as follows:
1. Court appearances made while on-duty shall constitute normal hours of work.
2. In the event a court appearance extends beyond the end of the officer’s regularly assigned shift, such time spent in court will be treated as normal work time for the purpose of computing the officer’s overtime compensation.
3. Employees required to appear in court during their off-duty time shall be paid as follows:
a. Morning Session Only: Employees shall receive a minimum of four (4) hours compensation at the appropriate rate. Time in excess of the minimum compensation shall be on an actual time basis at time and one-half (1-1/2). b. Afternoon Session Only: Employees shall receive a minimum of four (4) hours compensation. Time in excess of the minimum compensation shall be on an actual time basis at time and one-half (1-1/2). c. Morning and Afternoon Sessions: When an employee is required to be present at both a morning and an afternoon court or attorney conference, the employee shall receive overtime compensation for the actual time spent in court from the time of arrival until dismissed by the court including lunch recesses.
d. Afternoon and Evening Sessions: When an employee is required to be present at both an afternoon and an evening court or attorney conference, the employee shall receive a minimum of four (4) hours compensation for the afternoon session. When the employee is released from court one (1) or DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 94 more hours prior to the start of the evening session, or the evening session is scheduled for a court in a different city than that of the afternoon session, the employee shall receive a minimum of four (4) hours compensation for the evening session.
e. In the event the time spent in court extends into the beginning of the employee’s regularly scheduled work shift, time spent in court shall be deemed ended at the time such shift is scheduled to begin for the purpose of computing the employee’s overtime compensation.
f. Compensation for court pay is subject to the employee submitting the appropriate form reflecting the beginning and ending time of the court appearance.
If a morning court appearance is canceled with six (6) hours or less notice provided to the employee or an afternoon appearance is canceled with two (2) hours or less notice provided to the employee, the employee shall be compensated for one (1) hour pay at the overtime rate.
G. Department Training
1. For the purpose of department scheduled training, work assignments shall not be modified with less than seven (7) calendar days notice or upon mutual agreement by the employee and the Chief of Police or designee.
2. Training Hours: Any training of six (6) hours or more shall be considered a full shift; less than six (6) hours, the employee shall be required to return to duty on that shift.
3. Any travel time that is outside the work assignment and in excess of the employee’s normal commute is subject to compensation by The City. The City will compensate employees for travel time to training through an established Travel Time Guide.
ARTICLE VII - VACATION PLAN
A. Accrual Rate and Accumulation
The City provides paid vacation benefits for all full-time employees. Vacation shall be paid at the regular rate of pay earned at the time of vacation is commenced. The amount of annual paid vacation accrual is based on the number of years of full-time service based on total time in public service for each member. Existing designated employees may qualify as being eligible for this provision on a forward going basis. The vacation accrual is as follows:
- Start to 4 years of service – 96 hours annually
- 5 to 9 years of service – 120 hours annually
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 95 - 10 to 15 years of service – 144 hours annually
- 16 to 19 years of service – 160 hours annually
- 20 years plus of service – 176 hours annually
The maximum vacation balance which may be accumulated is 280 hours. When an employee reaches this maximum balance, no additional earned vacation is added to his/her account. The maximum amount of vacation accrual which may be added to the vacation balance in any one (1) year is the amount earned during the year less forty (40) hours.
No vacation leave may be earned by an employee while he/she is on Leave of Absence. In addition, an employee may not take vacation during his/her firstsix (6) full months of employment.
When an employee is terminated for any reason, he/she shall be entitled to all vacation pay earned and accumulated up to and including the effective date of the termination.
B. Vacation Sell Back
Consistent with City policy, employees may sell back up to 40 hours of their accrued unused vacation annually, once during each fiscal year. Employees will only be allowed to cash-out a maximum of 40 hours of vacation, provided that after doing so it leaves them with at least 40 hours of vacation and/or compensatory time on the books and 40 hours of sick leave at the time of cashout.
ARTICLE VIII - HOLIDAYS
A. Holidays
The City provides paid time off for all full-time permanent employees for thirteen (13) holidays per year. Payment for holidays shall be as follows:
- Employees not receiving extra days off for City holidays shall be compensated for holidays in the pay period in which the holiday falls.
- Employees who are not assigned to a uniformed position shall continue to have the option of working the designated City Holiday schedule and thus receive the above holiday compensation. The decision to work the holiday schedule will be a yearly one and must be declared to the finance department prior to the start of the fiscal year. Those employees that choose not to work the City Holiday schedule and receive compensation in the form of time off shall not receive financial compensation for the days off as outlined in Article VIII on this MOU. - Employees separated from City service before June 1 or December 1 shall be entitled to receive holiday pay at the rate of one (1) holiday for each month that the employee was in paid status through the first pay period of the month, e.g., employees who separate on or after the 16th of March shall be entitled to three (3) DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 96 holidays at eight (8) hours straight time; employees who separate from City service before the 16th of March shall be entitled to two (2) holidays at straight time. - Each POA member will be allocated floating holiday hours. The number of hours will be determined by the holiday schedule issued by the City Manager for the city offices. Each member may select these floating holidays, subject to the requirement that their supervisor must approve requests for time off that do not incur a cost to the city. Floating holidays are provided for annually on each fiscal year (July 1 – June 30) and cannot be carried forward each year. - Proclaimed Holidays
• Independence Day
• Labor Day
• Veterans' Day
• Thanksgiving Day
• Day After Thanksgiving
• Christmas Eve Day
• Christmas Day
• New Year's Day
• Martin Luther King Day
• President's Day
• Memorial Day
• Two Floating Holidays
If any of these Holidays fall on a Sunday, the Monday following shall be observed as the holiday. If any of these Holidays fall on a Saturday, the preceding Thursday shall be observed as the Holiday.
- To be eligible for Holiday pay, employees must have worked the workday before and the workday after the Holiday, or be in approved paid leave status the workday before and the work day after the Holiday.
ARTICLE IX - GENERAL PROVISIONS
A. Payroll Deductions
The City shall grant payroll deductions for membership dues to the Association.
ARTICLE X - COMPENSATION
A. Salaries
The salaries in Table 1 below include a 4.5% Cost of Living Adjustment (COLA), effective July 1, 2022.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 97 TABLE 1
Safety employees shall receive an additional 4.5% Cost of Living Adjustment, effective July 12, 2023 as shown in Table 2 below.
TABLE 2
1. Effective the first full pay period following July 1, 2018, all bargaining unit members will be required to participate in the City’s Direct Deposit program for all regular paychecks.
All members of the bargaining unit shall receive a one-time, non-recurring, nonpensionable retention payment of three percent (3%) of their gross annual salary earned in FY 2021-22 and a one-time, non-recurring, non-pensionable retention payment of three percent (3%) of their gross annual salary earned in FY 2022-23.
These retention payments shall be paid in the second pay period of August 2022 and August 2023. Members may elect to direct the retention payment to their Deferred Compensation Plan if desired.
B. Salary Upon Hire
A. Police Officer Trainees, while at the Police Academy and who have not graduated from the Police Academy, shall be compensated at a rate of ten percent (10%) less than Step 1 of the range for Police Officer.
C. Salary Step Advancement
It is the responsibility of the City to establish appropriate standards of performance for employees and to review employees’ performance in meeting established standards. Employees will be evaluated as to whether the employee meets standards, exceeds standards, or fails to meet standards. Employees evaluated as meeting or exceeding standards overall will receive a salary step advancement to the next salary step until the employee reaches the top step of the salary range. For employees hired on or after
July 1, 2022 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer $ 8,225.77 $ 8,472.56 $ 8,726.72 $ 8,988.54 $ 9,258.20 $ 9,535.94 Police Seargent $ 9,723.94 $ 10,015.65 $ 10,316.14 $ 10,625.60 $ 10,944.35 $ 11,272.72 July 1, 2023 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Police Officer $ 8,595.93 $ 8,853.82 $ 9,119.42 $ 9,393.02 $ 9,674.82 $ 9,965.06 Police Seargent $ 10,161.52 $ 10,466.35 $ 10,780.36 $ 11,103.75 $ 11,436.84 $ 11,779.99 DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 98 July 1, 1990, the salary step advancement shall become effective the first pay period following the employee’s anniversary date. Excepted from this provision shall be those employees whose anniversary date falls on the first day of the pay period. An employee evaluated as failing to meet standards overall will receive no salary step advancement and such an employee’s evaluation will indicate the specific areas of improvement needed in order to meet standards overall; such an evaluation may be appealed initially to the Chief of Police and then, if desired, to the City Manager whose determination shall be final.
An employee evaluated as failing to meet standards overall will receive a follow-up evaluation not less than three (3) months nor more than six (6) months following the initial evaluation and will be granted a salary step advancement at that time if the employee’s performance is rated as meeting or exceeding standards overall.
Employees are eligible for further salary step advancement twelve (12) months following their previous salary step advancement, except as provided in B, 1, above. When an employee demonstrates an outstanding level of performance in the opinion of the Chief of Police, the employee may be evaluated and awarded salary step advancement, even though twelve (12) months have not elapsed since the employee’s previous salary step advancement.
The evaluation will be discussed with the employee and space will be provided on the evaluation form for the employee’s comments. The employee will be given a copy of the evaluation.
The HPOA salary schedule will consist of six steps, with each additional step above #1 receiving an additional 3% of salary.
D. Incentive Pay Plan
HPOA employees will be eligible for the same incentive plan that the rest of the City employees have. The City will meet and confer with HPOA on the formulation of this policy.
E. Education Reimbursement
An employee who is enrolled in a technical/vocational, an associate of arts, bachelor’s, or master’s degree program which the City determines is in a job-related field may receive reimbursement for tuition and books in an amount not to exceed three thousand five hundred dollars ($3,500) per fiscal year. The Chief of Police, the Human Resources Department and the City Manager must approve the reimbursement prior to enrollment.
Evidence of a grade of “C” or better – or, if no grade is given, successful completion of the course – shall be required as a condition of obtaining reimbursement. There will be a total of $30,000 dollar annual allocation in the Education Reimbursement Program for all City employee groups. A POA member who is enrolled in a degree program and has received reimbursement monies the prior year will have priority and cannot be bumped from the DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 99 program by a member who did not receive a reimbursement the prior fiscal year.
F. Education Incentive Pay
Extra compensation for possession of POST certificates and/or college degrees shall be provided pursuant to the following schedule:
A. Intermediate POST Certificate: 3.5% of base wage;
B. Associate of Arts Degree: 4% of base wage;
C. Advanced POST Certificate: 4.5% of base wage;
D. Bachelor of Arts Degree: 5% of base wage.
An employee shall only be eligible for one of the foregoing education incentive payments.
G. Bilingual Pay
Effective July 1, 2019, an employee certified as bilingual shall receive an additional premium of 1% of base wage per month if he or she is certified as bilingual as follows:
A. The employee has the demonstrated ability to translate Spanish, Chinese or Tagalog into English and vice versa, both in writing and verbally, established by passing a proficiency test administered by the City’s Human Resources representative or its designee; and,
B. The employee and department head certify that the employee’s bilingual skills are desired by the department, and the employee may be called upon when necessary to translate communications as required by the department head.
H. Field Training Officer Pay Differential
An employee who is assigned as a Field Training Officer will be paid an additional five percent (5%) of his/her salary for actual time spent as a Field Training Officer. This differential shall also apply to the Field Training Sergeant.
I. Shift Differential
The City agrees to pay a differential of three percent (3%) of base salary for officers and sergeants assigned to swing and/or relief swing and five percent (5%) of base salary for officers and sergeants assigned to the graveyard shift. The differential shall be available only to those employees actually performing duties on the covered shifts.
J. Assigned Positions
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 100
The City agrees to pay sworn employees designated to work a regular assigned position including Administrative Sergeant, Investigative Sergeant, and Training Sergeant, excluding patrol, an additional five percent (5%) of his/her base salary.
This differential does not include sworn employees temporarily assigned to the position. Sworn employees temporarily assigned shall have the work schedule adjusted to include a paid lunch. Officers receiving Specialty Pay incentive will retain pay incentive even when working shifts not related to the Specialty Pay.
K. Out-of-Class Work
a. Officer in Charge
During the absences of regular supervisors, a sworn officer shall be designated as Officer-in-Charge (OIC) to handle field supervision or station responsibilities as required. The OIC shall be compensated at a rate which is five percent (5%) above said employee’s existing salary rate for every hour worked in such temporary service. Any out-of-class work for which premium compensation is provided requires advanced written approval of the Chief of Police, or his or her designee. b. Acting Commander
An employee who is appointed Acting Commander shall receive an hourly rate equal to five percent (5%) above said employee’s existing salary rate for every hour worked in such temporary assignment. Any out-of-class work for which premium compensation is provided requires advanced written approval of the Chief of Police, or his or her designee. c. Acting Chief of Police
An employee who is appointed Acting Chief of Police shall receive an hourly rate equal to ten percent (10%) above said employee’s existing salary rate for every hour worked in such temporary appointment. Any out-of-class work for which premium compensation is provided requires advanced written approval of the Chief of Police, or his or her designee.
L. Uniforms
a. New Employees
The City shall provide all new members with a uniform which includes three (3) short sleeve shirts, three (3) long sleeve shirts, three (3) pants, one (1) tie, one (1) hat, and leathers and rain gear, as determined by the Chief of Police and as approved by the City Manager. The City shall also provide safety equipment, including DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 101
weapons, ammunition, and body armor vest, as determined necessary by the Chief of Police and as approved by the City Manager. Each employee is responsible for the care, maintenance, and replacement of such uniforms. The City shall reimburse employees for the cost of serviceable uniforms damaged in the course of employment. In addition, each employee is responsible for the care and maintenance of the issued safety equipment.
b. Uniform Allowance
The City will compensate each employee an additional $75.00 per month ($900.00 annually) as payment for such maintenance and replacement. Such compensation shall be made semi-annually during the second pay period in January and the second pay period in July. Due to the retention payment mentioned in Article X.A.1, the July Uniform Allowance will be deferred to the first pay period in August of 2017.
Payment shall be made by a separate check and not as part of a regular paycheck.
Employees shall become eligible to receive the first semi-annual payment following their first anniversary date. With respect to the time between the employee’s first anniversary date and the semi-annual payment, the allowance will be prorated on a monthly basis with an employee having to work more than sixteen (16) days to receive payment for that month. The uniform allowance is considered a prospective payment and there shall be no payment or reimbursement upon separation from City service.
M. Work-Out
During the term of this MOU, the City and the Association agree to explore establishing an on-site gym to allow for possible work-out release time for officers.
N. K-9 Differential
An employee who is assigned as a K-9 officer will be paid an additional five percent (5%) of her/his salary.
O. Longevity Pay
Hercules Police Officer’s longevity pay is calculated as a percentage of their salary and the City will make the payments in 26 bi-weekly installments. Existing designated employees may qualify as being eligible for this provision on a forward going basis. The calculations are based on total public service sworn time and will be as follows in addition to the employee’s base salary:
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 102
At 5 years of service: 2 %
At 10 years of service: 4 %
At 15 years of service: 6 %
At 20 years of service: 8 %
At 25 years of service: 10%
P. Assigned Take-Home Department Vehicles
Employees holding certain specialized assignments may be assigned take-home City vehicles. These include City owned and City rented vehicles. Employees assigned takehome vehicles are not considered on duty and eligible for compensation for time spent driving to and from work in their City vehicle. Employees may be considered on duty and eligible for compensation when engaging in a law enforcement action while driving to or from work.
Q. Assigned Position – Corporal
An employee who appointed Corporal will be paid an additional five percent (5%) of his/her base salary as described in Section K. This amount is intended to cover the additional effort and responsibilities associated with this position and will be paid to the employee during the entire period they serve in this assignment, whether or not they are working under the supervision of a police sergeant or have an assigned trainee.
This position incorporates the duties previously performed on an as needed basis by the Officer in Charge (OIC) and Field Training Officer (FTO) specialized assignments.
Employees who are not assigned Corporals may only perform OIC and FTO duties if they are on the current Corporal list and have the approval of the Patrol Division Commander.
R. Computer Loan Program
Eligible Employees: Regular full time employees that have completed their initial one-year probation period with the City. Employee must maintain a balance of up to 40 hours of vacation and/or compensatory time until the loan is paid in full. The hours employee must maintain will vary on the amount borrowed.
Maximum Loan Amount: The City will loan employees a maximum of $2,500 for the purchase of computer hardware and software. Employees may not have more than one loan outstanding at any time. If the purchase exceeds $2,500, the remainder of the purchase price is the employee’sresponsibility. No interest will be charged by the City under this program.
ARTICLE XI - DEFERRED COMPENSATION PLAN
Voluntary employee contributions may be made to the Deferred Compensation Plan through an authorized payroll deduction from the employee’s salary.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 103
ARTICLE XII - EMPLOYEE RETIREMENT PLAN
Members hired on or before 6/30/2011 shall receive the 3% at 50 PERS retirement formula through their employment with the City of Hercules to include final year compensation One Year Final Compensation pursuant to Section 20024.2 of the California Government Code. Members hired after 6/30/2011 but before 01/01/2013 shall receive the 3% at 55 PERS retirement formula through their employment with the City of Hercules to include final year compensation One Year Final Compensation pursuant to Section 20024.2 of the California Government Code. Members agree to pay the employee’s portion of nine percent (9%) pre-tax under the PERS Plan. In the event that the contribution amount is increased above the nine percent (9%) amount, the parties agree to meet and confer on the additional payment. Effective with the pay period beginning November 4, 2018, safety members will pay an additional 3% to be applied to the Employer CalPERS Contribution Rate.
The current MOU requires that the member employee pay the full member contribution effective July 1, 2011. Section 414(h)(2) of the Internal Revenue Code allows the public agency who is a member of PERS to designate employee retirement contributions required by the MOU, as being picked up by the employer and treated as employer contributions for tax purposes.
Members hired on or after 01/01/2013 shall receive the 2.7% at 57 PERS retirement formula, shall contribute 50% of the total annual normal cost of their pension benefit to the pension plan as determined by the City’s actuary and shall have their final compensation based on the employee’s highest annual compensation earnable averaged over a consecutive 36-month period. The City and members agree that all the provisions of AB 340 and AB 197 will be followed. Effective with the pay period beginning November 4, 2018, safety members will pay an additional 3% to be applied to the Employer CalPERS Contribution Rate.
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965 .If an employee elects to convert their entire balance of sick leave to service credit they must notify the City at least one year prior to the date of retirement.
The Association shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, damages, costs, expenses or liability including, but not limited to, liability for back taxes, and all claims of any type by the IRS, Franchise Tax Board, Unit members or their heirs, successors or assigns arising out of this Agreement to pay or partially pay or "pick-up" an employee's contribution to PERS.
ARTICLE XIII - MEDICAL AND INSURANCE BENEFITS
A. Medical
1. The City contribution to the PERS health plan on behalf of all active and retired employees shall be minimum established by CalPERS which for the 2019 calendar year is $139.00.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 104
2. Active employees shall commence cost sharing starting in calendar year 2020 based on a dollar amount equal to the premium of the Kaiser Bay Area Region plan asfollow:
2020 Calendar Year
The City contribution shall be the 2019 Kaiser Bay Area Region plan rate plus the first 3% increase in cost. The Employee shall pay up to the next 3% increase in cost, with the City responsible for anything above a total of 6%.
2021 Calendar Year
The City contribution shall be its share of the 2020 Kaiser Bay Area Region plan rate plus the first 3% increase in cost. The Employee shall pay up to the next 3% increase in cost, with the City responsible for anything above a total of 6%. (For example, the City would only contribute an amount equal to the premium of the Kaiser Bay Area Region plan employee only coverage.)
3. If the employee chooses a plan where the premium exceeds the amount allowed, such excess shall be paid by the employee.
4. If the employee chooses a plan, which has a lower premium than the amount allowed, the employee shall not receive the difference in cash.
5. Supplemental Optional Monies Allowance for Retirees:
Eligibility
The City will provide an optional monetary allowance currently in the amount of $334.70 per month with an annual three percent adjustment on January 1st of each year to employees who retire as regulated by the Public Employee’s Retirement System. To be eligible for the optional monies, an employee must retire as follows:
1. Service Retirement: Employees who have served the City for at least ten (10) years prior to retirement and are at least fifty (50) years old when they separate service from the City.
2. Disability Retirement: Employees who retire with a disability retirement are not required to be a certain age, but must have at least twenty (20) years of service with the City.
To be eligible for the optional money allowance, employees must also have the minimum amount of sick leave on the books, as outlined in the chart below. If an employee has below the DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 105
amount of sick leave required for their years of service, then they will only be eligible for the percentage paid equivalent to the amount of sick leave they do have on the books.
Additionally, employees must retire within one hundred twenty (120) days of separation from City employment to be eligible to receive the optional money allowance.
Years of Service Amount of sick leave hours on the
books on the day employee separates
service
Percentage of Optional Money
Available
10 480 50
11 528 55
12 576 60
13 624 65
14 672 70
15 720 75
16 768 80
17 846 85
18 864 90
19 912 95
20 960 100
21 960 100
22 960 100
23 960 100
24 960 100
25 No minimum amount required 100
Employees who separate service from the City of Hercules, but do not retire as a PERS annuitant within 120 days of separation, shall not be eligible for medical retirement under this program.
Retiree Reaches Age 65
The City will pay a portion of the optional money to a retiree until the retiree reaches age 65, upon which they are required to enroll in Medicare. At that time, the optional money will drop to an amount equivalent to the Kaiser Supplemental to Medicare rate through PERS. The retiree will be eligible for the same percentage of the Supplemental Optional Monies as they were eligible for under the Basic Optional Monies plan. Employees who are not eligible for Medicare must provide the City proof that they are not eligible for Medicare, either through their own employment history or their spouse and after providing such proof, the city will continue to pay the percentage of the Basic Optional Monies Plan. If proof is not provided, the City will automatically begin paying the Supplemental Optional Monies Plan percentages.
This benefit, which is effective January 1, 2001, is expected to last into perpetuity. The funds being established for this program may not be used by the City or HPOA for any DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 106
purpose other than what is expressly stated in this section of the MOU. If in the future the City and HPOA mutually agree to end or modify this benefit, they can do so only for active employees. Any retiree who is currently receiving this benefit will continue to receive the benefit as stated in the MOU that was in effect at the time of their retirement. Conversely, if the City and HPOA increase this benefit, they can do so only for active employees and retiree benefits will remain the same as it was when they retired.
The City shall provide to the HPOA an annual statement of prior year balances in the medical retirement fund no later than December 31st of each year.
Payment
Payment will be made on a bi-annual basis. The optional money allowance for the months of January through June will be made the third week in July; July through December will be paid the third week in January of each year. Checks will be mailed to the address on file. Supplemental Optional Money payments are subject to applicable Federal and State Income Tax regulations.
1. Medical Redirect - If an employee elects for no health coverage, and can demonstrate to the City on an annual basis that the employee has alterative health care coverage; the employee shall be entitled to use 50% of their eligible contribution to the compensation of their choice.
2. Vision/Dental - The City agrees that it will continue to pay the full premium for VSP and Delta Dental Insurance for the employee and their immediate family members if Medical Redirect option is exorcised by the employee.
B. Dental and Orthodontic
The City shall pay the premium for Delta Dental Plan, including orthodontic benefits, coverage for full-time employees plus eligible dependents.
Benefit summary:
• The City will provide Dental Insurance with a maximum benefit of $1,500 of coverage per calendar year for each family member.
• The City will provide 50% Orthodontic coverage with a lifetime maximum of $2,500 for each eligible family member.
C. Vision
The City has contracted with Vision Service Plan (VSP) in order to offer vision benefits to employees and eligible dependents. The City shall pay the premium for the VSP benefit for full-time employees plus eligible dependents.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 107
Benefit summary:
• Vision Exam - $20.00 co-pay- every 12 months
• Prescription Glasses- $20.00 co-pay - every 12 months • Frames- $130 allowance for frame of choice/ 20% off amount over your allowanceevery 12 months • Contact Lenses – No co-pays applies – every 12 months ($130.00 allowance for contacts and the contact lens exam/fitting & evaluation) Retirees may participate in the Vision Plan, provided the Plan will allow them to do so and the retiree pays the group rate plus the administrative fee that is allowed under COBRA laws (currently two (2) percent) to the City.
D. Other Insurance Benefits
The City will pay the monthly premiums for all full-time employees for life, long-term disability, and accidental death and dismemberment insurance. The insured valued benefit for each type of coverage is as follows:
1. Long-Term Disability - The City will provide Long Term Disability Premier (Plan B) through Police Officers Standards and Research (PORAC). The cost of said insurance plan shall be added to each employee’s salary. The employee will then pay the premium through payroll deduction.
2. Life - In the amount of $50,000.
3. Accidental Death and Dismemberment - In the amount of $50,000.
E. VantageCare Retiree Health Savings Program
VantageCare Retiree Health Savings Program allows employees to accumulate assests to pay for health insurance and out-of-pocket expenses in retirement.
Management agrees to open the contract to discuss the VantageCare Retiree Health Savings Program (and only this program), if the HPOA decides to participate in it.
ARTICLE XIV - LAY-OFF POLICY AND PROCEDURE
A. Discretion of City
Whenever it becomes necessary to abolish any position of employment, the employee holding such position of employment may be laid off or demoted without disciplinary action and without the right of appeal.
B. Notification
Employees to be laid off shall be given at least thirty (30)-calendar day’s prior notice.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 108
C. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with Section F below is qualified.
All persons so demoted shall have their names placed on the re-employment list.
D. Employee Rights
An employee affected by lay-off shall have the right to displace an employee who has less seniority in a lower class in the same class series or a lower classification in which the affected employee once had permanent status. For the purpose of this section and Section “E” below, seniority includes all periods of full-time service at or above the classification level where lay-off is to occur.
E. Seniority
In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the City Manager within five (5) working days of receipt of notice of lay-off.
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in a new class unless they have previously successfully completed a probationary period in the class or a class in the class series.
Whenever two (2) or more employees have the same hire date, the order of seniority shall be determined by lottery. The names of all employees having the same sworn date will be drawn at random, one (1) name at a time until all names are drawn. The order of selection shall determine the order of seniority, with the employee whose name is drawn first having the greater seniority. Lottery selection will be made by the Chief or his or her representative in the presence of an Association representative.
F. Employment Status
Employees shall be laid off in inverse order of seniority according to their date of hire as a full time sworn employee of the City of Hercules. Employees holding the rank of Sergeant shall be laid off in inverse order according to their date of promotion.
G. Re-employment List
The names of persons laid off or demoted in accordance with these rules shall be entered DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 109
upon a re-employment list. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list.
H. Duration of Re-employment List
Names of persons laid off shall be carried on a re-employment list for one (1) year, except the persons appointed to permanent positions on the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse re-employment shall be dropped from the list. Persons re-employed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for one (1) year.
ARTICLE XV - OUTSIDE EMPLOYMENT AND OUTSIDE ACTIVITIES
A. General Prohibition
No employee shall engage in employment, activities, or enterprises for compensation of any kind or character which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as an employee of the City or the duties, functions, or responsibilities of his or her position or the City itself.
B. Definition
For the purpose of this section, an employment activity or enterprise is inconsistent, incompatible, in conflict with, or inimical to those various duties, functions, or responsibilities set forth above if it:
a. Involves the use for private gain or advantage of the City’s time, facilities, equipment, or supplies; or except in limited cases of police officers, the badge, uniform, prestige, or influence of the City; or
b. Involves receipt or acceptance by a City employee of any money or other consideration from anyone other than the City for performing an act which the employee would be required or expected to perform in the regular course of working as a City employee; or
c. Involves the performance of an act in an outside capacity which may be subject directly or indirectly to the control, approval, inspection, review, audit, or enforcement of an officer, employee, or elected official of the City; or
d. Involves such time demands as would render performance of duties as a City employee less efficient, in the opinion of the Chief of Police and concurrence of the City Manager; or
e. Gives the appearance of involving or potentially involving the influence, directly or DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 110
indirectly, or knowledge acquired by virtue of one’s City office or employment; or f. Involves an employment activity or enterprise which is inconsistent with the nature of the employment or professional standards called for by the employee’s position.
C. Chief of Police’s Approval
No employee shall be gainfully employed at any employment activity or enterprise outside of the City service without the prior approval from the Chief of Police. Such approval shall be denied only if the employment violates Section B of this Article.
D. Retroactive and Prospective Application
All provisions of this section shall apply to outside employment held by an employee on the effective date of this Agreement, as well as any outside employment sought after the date of this Agreement. As to any outside employment held on the effective date of this Agreement which is not approved, the City Manager may allow a reasonable period, not to exceed one year, for the employee to cease such outside employment.
E. Grievance Authority
An employee dissatisfied with a decision of the Chief of Police under this section may request a review before the City Manager in a manner provided in Article XVII of this Agreement. The City Manager’s decision is final.
F. Penalty for Violation of this Section
An employee’s failure to abide by this section may be cause for disciplinary action and/or disciplinary action and/or dismissal.
ARTICLE XVI - DISCIPLINARY ACTION PROCEDURES
A. Applicability of This Section
1. The provisions of this article shall be administered in compliance with the requirements of State law governing police officer discipline set forth under Section 3303 of the California Government Code.
B. Grounds for Discipline
Causes for disciplinary action include, but are not limited to, the following:
1. Fraud in securing appointment;
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 111
2. In competency, inefficiency, inexcusable neglect of duties, or failure to perform duties;
3. Insubordination;
4. Dishonesty;
5. Drunkenness on duty or chronic abuse of alcohol;
6. Addiction to or use of narcotics or habit-forming drugs;
7. Violation of City or departmental rules;
8. Misuse or appropriation of City property or funds;
9. Negligence or misconduct resulting in damage to public property or waste of public supplies;
10. Failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment;
11. Discourteous or non-cooperative treatment of the public or other City personnel;
12. Acceptance of gifts or gratuities for the performance of services, functions, or duties for which employee is retained by the City;
13. Conviction of a crime;
14. Engaging in any employment, activity, or enterprise which is inconsistent, incompatible, in conflict with, or inimical to performance of services, functions, and duties for which the employee is retained by the City;
15. Failure to maintain required licenses and certificates;
16. Failure to maintain eligibility for vehicle insurance coverage where driving is a requirement of the job classification. For purposes of this section, “driving is a requirement of the job classification” when the job description for the classification lists a driver’s license as one of the requirements for the position.
C. Delegation of Disciplinary Action
The City Manager may impose discipline or authorize any Department Head to discipline subordinate employees subject to these procedures.
D. Types of Discipline
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 112
The specific disciplinary actions which may be imposed against City employees are defined below. The City may also issue non-disciplinary letters of instruction. A letter of instruction shall be removed from the employee’s personnel file on completion of the annual evaluation subsequent to its issuance.
1. Written Reprimand
A written reprimand is a formal notice to an employee that his or her performance or behavior must be improved and that further disciplinary action, including additional reprimands, suspension, reduction in pay, demotion, or dismissal, may be taken unless the employee’s performance or behavior is improved.
a. The content of the written reprimand should include the following:
- A description of the action or activity necessitating a written reprimand; - The date(s) and time(s) of the action or activity causing the written reprimand.
b. The written reprimand should be prepared in duplicate and presented to the employee for his or her signature.
c. The written reprimand should then be distributed as follows:
- One copy to the employee;
- Copies to the Department Head and City Manager;
- One copy to the employee’s personnel file.
d. Employees shall have sixty (60) calendar days within which to respond to any adverse comments entered in his or her personnel file. Such responses shall be attached to the adverse comments.
e. There shall be no right to appeal a written reprimand beyond Level III review by the City Manager as provided above in this agreement.
f. After one (1) year, an employee may request that the Chief of Police remove a written reprimand from the employee’s record.
2. Suspension
a. Suspension is the temporary removal, without pay, of an employee from his or her duties.
b. The Chief of Police may suspend an employee for up to three (3) working days for each violation.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 113
c. Suspensions of more than three (3) days are imposed by the City Manager.
There shall be no right to appeal suspensions of three (3) days or less beyond a Level III review by the City Manager as described in Article XVII of this Agreement.
3. Demotion
a. A demotion is the removal of an employee from his or her existing position to a lower paying position.
b. All demotions shall follow the guidelines of the Disciplinary Procedures in Section E below.
c. The rejection of an employee who is serving in a probationary promotional position and subsequent removal is a failure by the employee to satisfactorily complete the promotional testing process. Such an employee would be returned to his or her prior position. Such a rejection and removal is not disciplinary action subject to this Agreement.
4. Reduction in Pay
a. A reduction in pay within an employee’s salary range represents a permanent or temporary lowering of an employee’s salary rate, with a corresponding reduction in all other salary-based fringe benefits.
b. Reduction in pay resulting from the rejection of an employee who is serving in a probationary promotional position and is rejected during that period is not a disciplinary action subject to these procedures.
5. Discharge
a. Discharge is the permanent removal of an employee from the City’sservice. b. Job abandonment as defined in the City’s Rules and Regulations is neither a “discharge” nor disciplinary action, but is construed as the voluntary resignation of the employee.
E. Disciplinary Appeal Process
1. Upon the suspension without pay, demotion, reduction in pay, or discharge of an employee who is an Association member, the procedures described in Section 3 below shall be followed.
2. These procedures shall also constitute the administrative appeal rights and DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 114
protections afforded by the Public Safety Officers Procedural Bill of Rights Act (Government Code Sections 3300 et seq.)
3. These disciplinary appeal procedures include notice and four Levels (I, II, III, IV) of Response.
a. Preliminary Notice of Possible Disciplinary Action
No employee for whom this section applies shall be subject to disciplinary action unless prior to the action the employee has received:
i. Notice of possible disciplinary action, including the specific nature of such discipline;
ii. A written copy of the charges and the grounds for such charges; iii. Copies of all relevant materials upon which the charges are based; and
iv. Notice of a reasonable time which shall not be less than seven (7) calendar days within which to respond orally and/or in writing to the charges or schedule a meeting at which to respond orally to the charges.
b. Notice of Disciplinary Action Taken
1. No disciplinary action shall be taken against an employee until the time period provided herein has passed for a response from the employee to the notice of possible disciplinary action and no response was received, or after the employee has responded to the preliminary notice of disciplinary action.
2. Thereafter, the employee shall be given written notice of the discipline to be imposed, if any, including the charges and the grounds for such charges, as well as notice of the employee’s appeal rights under these provisions.
c. Appeals
1. A “disciplinary appeal” is a formal written objection or challenge to any disciplinary action, including dismissal, demotion, suspension, or reduction in salary. The reduction in pay or change in assignment which occurs in the course of regular rotation is not punitive and shall not be subject to this grievance procedure.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 115
2. Appeal of Written Reprimand or Suspension of Three (3) Days or Less A written reprimand or suspension of three (3) days or less may be appealed in writing to the City Manager within fifteen (15) calendar days of receipt of the notice of disciplinary action.
The City Manager, within a reasonable time, shall conduct a hearing and render a written decision which shall be final
3. Appeal of Suspension of More Than Three (3) Days, Demotion, Reduction in Pay, or Discharge
An employee shall have the right to an appeal of a disciplinary action involving a suspension of more than three (3) days, a demotion, a reduction in pay and/or discharge. The procedures described in Sections 1 through 5 below shall be followed for all appeals.
1. Notice
(1) Within fifteen (15) calendar days of receiving a written notice of disciplinary action, the employee may submit
a written request to the City Manager for a hearing before a hearing officer from the California Office of Mediation and Conciliation.
(2) The parties shall request that State Mediation and
Conciliation supply a list of seven (7) names of
persons experienced in hearing public employment
discipline matters. If the City and the Association are unable to mutually agree on a hearing officer, each party shall alternately strike a name from the list until only one remains. The order of strike shall be determined by lot.
(3) The hearing shall be scheduled within sixty (60) days of such a request unless both parties agree to waive this
provision.
(4) Written notice of the hearing shall be given to the employee and his/her representative, if any, promptly
upon the scheduling of the hearing, but in no event shall the hearing be scheduled with less than twenty (20) days notice. For good cause, the Hearing Officer may grant a continuance.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 116
(5) This notice shall be mailed by ordinary mail and also by certified mail, return receipt requested, to the
employee’s last address of record on file in the Personnel Office. The employee bears the burden of keeping a
current address on file.
2. Appearance; Representation; Witnesses; Conduct of
Hearing
(1) At the administrative hearing, the employee and the City Manager shall each be entitled to representation.
(2) An official record shall be made of the hearing by a certified court reporter. The cost of a transcript shall be borne by the party requesting a transcript. Such
transcript shall be the official record of the proceeding; however, either party may tape record the proceedings.
(3) The hearing may be public or closed, at the employee’s option. Both the employee and City may designate a
person who shall not be subject to exclusion as a witness and who has investigated the matter at issue in the
hearing and whose assistance during the hearing is
necessary to the efficient conduct of the hearing.
Witnesses shall be subject to cross examination.
(4) The hearing shall proceed generally as follows:
(1) The City and the employee or his or her
representative may make opening statements.
(2) The City shall present evidence in support of the
City’s position. The employee may present
evidence on his or her behalf.
(3) Both the City and the employee may subpoena
witnesses and present rebuttal evidence as they
deem necessary and appropriate.
(4) The Hearing Officer shall rule on any objections
made to the admissibility of evidence or
otherwise relating to the conduct of the hearing.
Such rulings shall be final. Hearsay evidence
shall be admissible but shall not form the sole
basis for a finding.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 117
(5) The City and the employee may make closing
statements.
(6) Written briefs shall be submitted at the request
of either party.
3. Hearing Officer’s Decision
(1) Upon the conclusion of the hearing, the Hearing Officer shall cause proposed findings and recommendations to
be prepared in writing and shall certify the same.
(2) The Hearing Officer shall, at a minimum, find whether the City has shown that the charges in support of the
disciplinary action have been substantiated. Such a
finding shall be made as to each charge. If the Hearing Officer finds that none of the charges are supported by the evidence presented, the recommendation shall be
that no disciplinary action be taken. If the Hearing
Officer finds that any or all the charges are supported, he/she shall either:
Recommendations shall be filed as a permanent record
with the City Manager. The City Manager shall deliver
a certified copy of such findings and recommendations
to the City Council and to the employee affected by such findings and recommendations.
(4) If, due to any cause, a hearing cannot be held and an employee is consequently denied such a hearing within
the time stated herein, action shall be deferred until a hearing can be scheduled.
(1) Recommend that the proposed disciplinary
action be carried out;
(2) Recommend that no disciplinary action be
taken; or
(3) Recommend that the proposed disciplinary
action be modified.
(3) The Hearing Officer’s findings and
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 118
(5) The cost of the Hearing Officer shall be borne by
the City. All other costs shall be the responsibility
of the party incurring them.
4. City Council Action
(1) The City Council shall have the following options
with respect to the Hearing Officer’s findings and
recommendations:
* Adopt the findings and recommendations as
prepared;
* Modify the findings and recommendations; or
* Reject the Hearing Officer’s findings and
recommendations and adopt separate Council
findings and recommendations.
(2) If the findings and recommendations of the Hearing
Officer are adopted as proposed, the members of the
City Council need not review the record of the
hearing before the Hearing Officer. Otherwise, the
Council shall review such record.
(3) The employee will be notified pursuant to
California Code of Civil Procedure section 1094.6
that he or she has ninety (90) calendar days within
which to file an appeal in Superior Court of the
Council’s decision.
ARTICLE XVII - GRIEVANCE PROCEDURE
A. Definitions
a. A “grievance” is an allegation by an employee or group of employees who claim to have been adversely affected by an alleged violation, misinterpretation, or misapplication of a specific provision of this Agreement, the City’s Personnel Rules and Regulations or Police Department Policies.
b. A “grievant” is an employee adversely affected by an alleged violation, misinterpretation, or misapplication of a specific provision of this Agreement, or the City’s Personnel Rules and Regulations or the Association specifically naming one or more such individuals.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 119
B. General Provisions
1. Until final disposition of a grievance, the grievantshall comply with the directions of the grievant’s immediate supervisor.
2. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the employee.
3. Time limits for appeal provided at any level of this procedure shall begin the first day following receipt by the grievant of the written decision.
4. If any grievance meeting or hearing is scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released for a reasonable period of time from regular duties without loss of pay.
5. An employee may at any time present grievances to the City and have such grievances adjusted without the intervention of the Association, as long as the adjustment is not inconsistent with the terms of an applicable Memorandum of Understanding. The City shall not agree to a resolution of the grievance until the affected Association has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the Association.
6. Time limits may be extended by mutual agreement of the parties.
C. Procedures
1. Level I - Information/Resolution
a. An employee who believes he or she has a grievance shall present the grievance orally to the immediate supervisor within fifteen (15) calendar days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. b. Failure to do so will render the grievance null and void. c. The immediate supervisor shall hold discussions and attempt to resolve the matter within fifteen (15) calendar days after the presentation of the grievance.
d. It is the intent of this informal meeting procedure that at least one personal conference be held between the aggrieved employee and the immediate supervisor.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 120
2. Level II - Formal Written Grievance
a. If the grievance is not settled during the informal conference and the grievant wishes to press the matter, the grievant shall present the grievance in writing to the Commander within fifteen (15) calendar days after the oral decision by the immediate supervisor.
b. The written information shall include:
1. A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance;
2. The provisions of this Agreement or the City’s Personnel Rules and Regulations which are alleged to have been violated;
3. The reasons why the immediate supervisor’s proposed resolution of the problem is unacceptable;
4. The specific actions requested of the City which will remedy the grievance.
c. The Commander shall communicate the decision to the grievant in writing within fifteen (15) calendar days after receiving the grievance. If the Commander does not respond within the time limits, the grievant may appeal to the next level.
d. Within the above time limits, either party may request a personal conference.
3. Level III - Appeal to the Chief of Police
a. If the grievant is not satisfied with the decision at Level II, the grievant may within fifteen (15) calendar days of the receipt of the decision at Level II appeal the decision to the Chief of Police. The grievant shall present the grievance in writing to the Chief of Police within fifteen (15) calendar days after the decision by the Commander.
b. The written information shall include:
1. a description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance;
2. the provisions of this Agreement or the City’s Personnel Rules and Regulations which are alleged to have been violated; DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 121
3. the reasons why the Commander’s proposed resolution of the problem is unacceptable;
4. the specific actions requested of the City which will remedy the grievance. c. The Chief of Police shall communicate the decision to the grievant in writing within fifteen (15) calendar days after receiving the grievance. If the Chief of Police does not respond within the time limits, the grievant may appeal to the next level.
d. Within the above time limits, either party may request a personal conference.
4. Level IV - Advisory Mediation
a. If the grievant is not satisfied with the decision at Level III, either party by mutual agreement, may request the assistance of a mediator from the Mediation and Conciliation Service of the State of California.
b. The grievant must make his/her written request to submit the grievance to advisory mediation within fifteen (15) calendar days of the receipt of the decision at Level III. c. The City and the Association shall mutually agree upon a mediator from the Mediation and Conciliation Service of the State of California.
Those present at mediation shall include the Assistant City Manager, or the person the City Manager designates, the Chief of Police, the grievant, and his/her representative. d. The proceedings shall be tape recorded, including the opinion of the State mediator. The taped recording shall be sealed, signed, and dated by both parties. A written transcription shall be provided to both parties, if requested.
e.The mediator shall have no authority to resolve the grievance. In the event the grievance is not resolved, neither stipulations, admission, settlement proposals nor concessions agreed to or offered during the mediation shall be admissible at any subsequent hearing.
5. Level V - Appeal to the City Manager
a. If advisory mediation fails, the grievant may within fifteen (15) calendar days file a written appeal to the City Manager.
b. The statement of appeal shall include a copy of the original grievance and a clear, concise statement of the reasons for the appeal to Level V. c. Within the fifteen (15) calendar days, the City Manager shall complete factfinding which may include review of the mediation transcript, scheduling DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 122
a meeting with the grievant, Chief of Police, and their representatives, if any.
d. The City Manager shall communicate his or her decision to the grievant within fifteen (15) calendar days of the completion of fact-finding. e. The decision of the City Manager shall be final in resolving all employee grievances.
ARTICLE XVIII - WAIVER CLAUSE
Except as otherwise provided herein, no changes or modifications of this Agreement shall be offered, urged, or otherwise presented by the Association or the City during the term of this Agreement, provided, however, that nothing herein shall prevent the parties to this Agreement from meeting and conferring and making modifications herein by mutual consent. Any additions or changes in this Agreement shall not be effective unless reduced to writing and properly executed by both parties.
ARTICLE XIX - SEVERABILITY
If any provision of the Agreement, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
ARTICLE XX - DURATION
This Agreement shall be effective July 1, 2022, and shall continue in full force and effect until June 30, 2024, and become amendable thereafter with the exception that there shall be one (1) reopener during the term of this agreement to discuss possible technical language clarifications to the HPOA MOU. The City and the Association shall meet prior to June 30, 2023 and confer on a successor M.O.U.
ARTICLE XXI - PERSONNEL RULES AND REGULATIONS
The Personnel Rules and Regulations which shall hereafter be adopted by the City shall control and determine any matters or subjects not specifically provided for herein. The Association shall have the opportunity to meet and consult with management on said Personnel Rules and Regulations prior to their adoption by the City Council.
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 123
FOR THE POLICE OFFICERS ASSOCIATION:
Chun Kim Date
HPOA President
Dan Miller Date
HPOA Negotiator & HPOA Treasurer
_________________________________ ________________________ Luis Montenegro Date
HPOA Negotiator
FOR THE CITY:
Dante Hall Date
City Manager
DocuSign Envelope ID: FF994980-059D-4C78-88E0-ED20822F02B6 8/3/2022
8/2/2022
8/3/2022
124
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, Community Development Director SUBJECT: Community Development Department Organizational Review and Analysis
RECOMMENDATION:
Appropriate $24,950 from the adopted FY 2022-2023 Budget for an organizational review and analysis of the Community Development Department.
FISCAL IMPACT:
One-time appropriation of $24,950 from the General Fund
DISCUSSION:
The Community Development Department provides a broad range of services, including overseeing and updating the City’s General Plan and zoning ordinance; planning and zoning permitting; building permitting (in collaboration with the Contra Costa County Department of Conservation & Development); code enforcement; public information regarding planning and building; staffing the Planning Commission; managing multiple contract staff; representing the City on multiple County and regional working groups; coordinating economic development activities and policy development; and collaborating with the Public Works Department on multiple projects, including the Regional Intermodal Transit Center, grant applications, master planning for City facilities, and civil review of private development. These services have been delivered with an organizational structure, staffing level, and staffing configuration that have remained constant since 2014, following staffing reductions that occurred due to the City’s financial hardship.
Given the time that has passed as well as the changes the City has undergone since 2014, the administration proposes to retain Management Partners to evaluate the Community Development Department and provide recommendations to ensure services are as efficient and effective as possible and the department remains responsive to the public. If the Council approves the appropriation, the City Manager will execute a contract with Management Partners for the scope and budget detailed in the attached proposal.
125
In addition to drawing upon their in-house expertise, Management Partners’ organizational assessment process would include reviewing the City’s permitting data and documents and customer information materials. They would also complete a departmental comparison with four other similar cities in Contra Costa County and provide recommendations for implementation.
Staff looks forward to using the Organizational Review and Analysis as a guide to ensure the Community Development Department is optimally configured to best serve the public and the City’s needs into the foreseeable future.
ATTACHMENTS:
1. Resolution
2. Proposal from Management Partners dated July 19, 2022 Financial Impact
Description: Community Development Department Organizational Review and Analysis Funding Source: General Fund
Budget Recap:
Total Estimated cost: $24,950 New Revenue: $
Amount Budgeted: $ Lost Revenue: $
New funding required: $24,950 New Personnel: $
Council Policy Change: Yes No
126
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING THE GENERAL FUND FY 2022-23 BUDGET INCREASING ITS APPROPRIATION BY $24,950
WHEREAS, the City Council has adopted the FY 2022-23 Budget on June 28, 2022, representing the financial plan for conducting the affairs of the City of Hercules; and WHEREAS, staff is proposing that the General Fund expenditure appropriations be increased by $24,950 for Management Partners to provide an organizational review and analysis of the Community Development Department; and
WHEREAS, the City Council has considered the report and recommendations of the City Manager on the budget amendments and has determined that the budget amendments are both fair, appropriate and warranted.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows:
1. The Council hereby approves amendment to the City’s General Fund FY 2022-23 Budget to add $24,950 for Management Partners to provide an organizational review and analysis of the Community Development Department.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9
th day of August 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, CMC
City Clerk/PIO
127
July 19, 2022
Revised
Mr. Timothy Rood
Community Development Director
City of Hercules
111 Civic Drive
Hercules, CA 94547
Dear Mr. Rood:
We are pleased to provide this proposal to conduct an organization review and assessment for the City’s Community Development Department. The significant resources property owners devote to development require a particular sensitivity to the time and quality of the work in this department. The proposed scope of services is based on Carol Jacobs’ conversation with you. We are looking forward to assisting you with this project. Before we discuss our approach, we would like to share some brief information about our firm.
About Management Partners
As you may know from our previous work with the City, Management Partners was founded in 1994 with a specific mission to help local government leaders improve their service to the public. Since then, we have worked with cities, counties, towns, and special districts of all sizes across the United States to help them work more effectively and run more efficiently.
We offer a balance of perspectives with a practitioner’s bias and a proven track record of successful consulting engagements. This experience gives us a sensitivity that produces positive outcomes. We are proud to say that as a result of our quality work, many of our clients ask us to complete subsequent assignments.
We Know Local Government. Our associates have served in local governments, so we have a deep understanding of the operating and political environments in which you work. We Take a Collaborative Approach. We consider ourselves part of your team and strive to ensure our work supports your overall corporate strategy and goals. We Have Extensive Experience. Each of our more than 100 associates is an expert in one or more service areas, and our firm has assisted hundreds of jurisdictions in 44 states. We Have Developed Proven Methodologies. We understand the importance of a holistic approach to improving organizations, using field-tested methods for each aspect of the work. Our Work Plan is Tailored to Your Needs. Each of our projects is individually tailored to our client’s unique needs, starting with a careful learning process. We Take Pride in the Quality of Our Work. Our internal processes ensure first-rate, complete staff work and adherence to the highest of ethical standards in public service. 128
We Are Focused on Implementation. As practitioners, our recommendations make practical sense and are able to be implemented.
We Provide a Full Suite of Services. Management Partners’ services include everything required to support local government leaders, including organization assessments, performance management, process improvement, strategic planning, and financial planning, budgeting and analysis.
Understanding of the Engagement
Hercules is a community of about 26,000 residents located in western Contra Costa County along the coast of San Pablo Bay. We understand there is interest in having an assessment of the City’s development review processes to identify opportunities to streamline them, improve clarity for property owners, and improve efficiency and effectiveness. The assessment will include a review of contracted positions to evaluate whether in would best to bring them inhouse.
Customers going through the review process want as much certainty as possible, early information so they know what they need to do to meet City requirements, and turnaround times that will enable them to complete their projects in a timely manner. Management Partners’ assessment will address these issues.
Outcome of the Assessment
The result of our work will be a memorandum that contains the following components:
Summary of what is currently working well in the City’s development review processes, Best practices applicable to Hercules’ environment,
Analysis of the contract work to determine whether it would be more efficient and effective to accomplish the work in house,
Analysis of data from peer cities, and
Recommendations for improving development processes.
This project will be conducted through Zoom video meetings or on the telephone. Management Partners has successfully used Zoom for many of our engagements.
Plan of Work
This project will involve the four activities described below. This is amenable to modification based on discussions with you.
Activity 1 – Start Project
We will begin with a kickoff meeting with you and other appropriate staff to discuss the objectives and scope of the assessment. During the meeting we will review the work plan and schedule, as well as communications about the project. We will also provide a document request that will allow us to begin data collection, as described in the next activity.
We understand that the work associated with this review is in addition to the normal work of the organization. Our goal is to integrate our activities in a manner that is thoughtful and minimizes disruption to the department.
129
Activity 2 – Gather Information
During this activity, we will gather information using a variety of techniques. The focus of this activity will be to establish a factual understanding of the City’s development review processes. Review data and documents. We will review information about the number and value of permits issued, metrics used by the department for plan review, and, if data are available, actual turnaround times compared with targets. If process maps and customer satisfaction data are available, we will review them.
Review customer-focused information materials. We will review the current entitlement and building permit applications and any other materials available to the public that assist prospective applicants with preparing application submittals. We will also review how the public counter operates and suggest improvements for direct customer service, if needed. As a result of the COVID-19 pandemic, we may also suggest modifications to the counter to address the public service environment that may be the “new normal.” Conduct interviews. We propose to conduct up to 8 individual interviews via telephone or videoconference with Council members, Planning Commissioners, the city manager, you, and the other staff member to understand the City’s development review processes. The purpose of the interviews is to hear about the strengths and weaknesses of the development process as well as ideas for improvements.
Conduct interviews with customers. We will conduct interviews by telephone or videoconference with up to four individuals who have used the City’s review process for various types of projects. We will solicit input about communication, aspects of the processes that work well, and areas for improvement, including timeliness of plans review and permit issuance. The interviews will be confidential and only themes will be reported. Collect and analyze data from comparable cities’ community development processes. We will review the organizational structures and assigned functions of four municipalities in Contra Costa County: El Cerrito, Pinole, Moraga, and Orinda. We will determine data points for comparison such as organization structure, staffing, budgets, service delivery methods and technology. We will seek information from the peer cities’ websites and develop a questionnaire to collect additional information needed from each jurisdiction.
At the conclusion of this activity, we will summarize results, develop themes, and identify any additional information gathering work that will round out our understanding of the department’s operations.
Activity 3 – Conduct Analysis
During this activity we will conduct our analysis based on the information gathered, which will help us frame opportunities for improving the department’s processes. We will examine the following:
Effectiveness of contract planners,
Organizational structure and staffing configuration,
Explanatory materials about requirements and processes, Established turnaround times and actual results,
Customer perceptions,
Staff suggestions for improvements, and
Other efficiency improvements that will have been identified through the data gathering phase.
Activity 4 – Report Results
We will prepare a draft memorandum that will contain our analysis, observations, and preliminary recommendations. We take pains to ensure that our observations and subsequent recommendations are organized in an easy-to-understand format and presented in a positive manner. 130
We will review our observations and preliminary recommendations with you and the city manager.
Based on the feedback we receive, we will finalize the draft memorandum and provide it to you for review and comment. We will then make revisions, as necessary, to address your comments and questions.
We undertake several discrete steps to ensure quality control. Management Partners retains responsibility for its professional recommendations, but we expect that vetting the draft memorandum with management improves its utility. In addition to vetting it for accuracy the draft review provides an opportunity to discuss the recommendations and to identify implementation issues.
We are committed to recommending actions that result in meaningful operational improvements and can be implemented in the “real world” environment. Once comments have been received, the final project memorandum will be prepared.
Project Team
Management Partners has a strong project team that is well-qualified to complete this work for Hercules. This project will be a top priority for Management Partners and our team members will be available in whatever capacity and with whatever availability will contribute to the success of the project. Carol Jacobs will provide project management, and will be assisted by Dan Marks and Elaine Costello. Both have extensive experience in planning and community development processes. Brief qualifications for each are provided below.
Carol Jacobs, Executive Vice President/Chief Operating Officer Serves as Management Partners’ executive vice president/chief operating officer, with operating responsibility for the entire firm. Jacobs has held a wide range of roles across local government and consulting, including multiple stints as a city manager, and served most recently as assistant city manager of the City of Newport Beach, California. In that role she had responsibility for functions as varied as fire, library, harbor, information technology, utilities and homelessness, with service as interim finance director and harbormaster. She also served as city manager for the Southern California cities of Eastvale and Stanton; as interim city manager for the City of Grand Terrace, California; and a series of roles with increasing responsibility for the City of Costa Mesa, California. Jacobs’ consulting experience includes managing a financial solutions practice area that served local governments, with responsibility for managing client needs, preparing financial studies, and conducting management and organizational reviews.
Dan Marks, Special Advisor, AICP
More than 23 years of experience as a local government planner, including 14 years as a community development director and planning director.
Brings a deep understanding of the complexities of the development review and approval process, the policy and political context for decision-making, and years of experience successfully managing departments through the ups and downs of the development cycle and fiscal constraints.
131
Areas of expertise include management and budgeting, permitting procedures, community engagement and facilitation, zoning, historic preservation, policy development, sustainable development practices and the California Environmental Quality Act. Currently one of the lead consultants on a specific plan project for the City of San Bruno pertaining to YouTube.
Elaine Costello, Special Advisor, AICP
More than 25 years of experience at the executive level in local government, having served as director of community development in Mountain View, South San Francisco and Belmont.
Currently managing the specific plan process for the City of San Bruno pertaining to a major YouTube project.
Eight years’ experience as a consultant helping communities create innovative and effective solutions to challenging community development issues.
Areas of experience as a consultant include process improvement and reengineering of local government development review processes, economic development, organizational development and negotiation expertise, Elaine’s areas of experience include facilitation, leadership development, training and community outreach. In Mountain View, streamlined the development review process, focusing on making development decisions timely, predictable and fair, while also producing built projects of awardwinning design and planning quality. This approach facilitated a major business expansion, including the planning and design for the Google, Microsoft, Alza, Verisign and Symantec campuses.
Experience and References
We have provided several references for projects that involved review of land development processes.
In addition to the references below, our website, managementpartners.com, has information about our past clients, which includes hundreds of jurisdictions in 42 states. You are welcome to contact any of them about our performance.
City of Fernley, Nevada Development Review Organization Assessment Management Partners was retained by the City of Fernley to streamline development review functions and analyze operations by staff in the departments of Planning, Building, and Public Works, Utilities, and the North Lyon Fire District. We conducted customer interviews, interviewed members of the City Council and Planning Commission, and reviewed staffs’ use of the SmartGov permitting system. After providing our analysis to the City’s Management Team, we facilitated a workshop based on the GE Work-Out™ technique. The Work-Out included employees responsible for intake and customer service, plans review, permitting, and inspections. Project recommendations addressed organizational culture, customer information and resources, workflow management, the development review business system, and performance tracking and reporting.
Contact: Ms. Daphne Hooper, (Former Fernley City Manager) Director of Community Indigenous Relations, University of Nevada, Reno 1664 North Virginia Street, Room 409, Reno, NV 89557
(775) 784-4912
City of Pleasant Hill, California Pleasant Hill Building Permit Intake Process Review
132
The City of Pleasant Hill engaged Management Partners to assess the City’s building permit intake and review process. We provided practical recommendations for improving the process so allows customers to be most successful and enables the City’s employees to provide a relatively seamless service as a coordinated, professional team with a common set of objectives. Our areas of focus included leadership and management of the departments involved in the review, the permit tracking system as an important tool, and the need for agreed upon processing standards and schedules.
Contact: Ms. June W. Catalano, City Manager 100 Gregory Lane, Pleasant Hill, CA 94523
(925) 671-5270
[email protected]
City of Pacifica, California Building Division Assessment Management Partners was retained to assess Pacifica’s Building Division and workflows for plan review, permitting and inspection services. The City's goal was to improve the process and optimize services delivered to customers, and to assess whether using contractors instead of City staff resulted in better outcomes. We conducted interviews, analyzed performance data, and compared service delivery methods with comparable cities. While service levels were good, we concluded that hiring a building official would balance the reliance on external contractors and improve communication. A building official would also help improve the management of the division, enhance performance measurement, and bolster services to the public. Our work led to the City establishing a single point of contact for applicants and improving information materials (hardcopy and online) to enhance the customer experience. It also led to a reevaluation of the City's land management system to promote data-driven decision making.
Contact: Ms. Tina Wehrmeister, Planning Director/Assistant City Manager City of Pacifica
1800 Francisco Blvd.
Pacifica, CA 94044
(650) 738-7409
[email protected]
Hours and Cost Proposal
Management Partners will spend a total of 130 hours to achieve the outcomes you are seeking for a fixed fee of $24,950, which includes all expenses. The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.
Conclusion
We look forward to working with you on this important project. Please let me know if we can provide any additional information.
Sincerely,
Jerry Newfarmer
President and CEO
133
Accepted for the City of Hercules by:
Name: _________________________________
Title: _________________________________
Date: _________________________________
134
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
SUBJECT: Resolution Approving Settlement of Claim Against PG&E regarding Water Pollution Control Plant Upgrade Project Delays
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving a settlement of the claim against PG&E regarding monetary damages caused by delays at the water pollution control plant upgrade project
BACKGROUND:
The Pinole-Hercules Water Pollution Control Plant (the “Plant”) is owned equally by the cities of Pinole and Hercules. In 2019, Pinole and Hercules undertook a major project to upgrade the Plant (the “Project”). Pacific Gas and Electric (“PG&E”) was the utility responsible for providing critical gas and electric services for the Project during construction. PG&E failed to timely provide the necessary utility services, which caused significant delays in the completion of the Project. These delays are estimated to have increased the cost of the Project by $931,697. While the Project was ongoing, PG&E declared bankruptcy.
In 2019, the cities of Pinole and Hercules filed a claim for damages against PG&E as part of PG&E’s ongoing bankruptcy proceeding. Because PG&E was in bankruptcy, the bankruptcy court had the exclusive authority over the claim. The bankruptcy court had the ability to order the parties to mediation, and if mediation was not successful, to set the matter for trial. 135
DISCUSSION:
At the direction of the bankruptcy court, Hercules and Pinole engaged in mediation with PG&E in June 2022. Pinole was the lead counsel in the matter and kept the City of Hercules informed during the mediation process. During the mediation, PG&E provided a “last, best, and final” settlement offer of $110,000 to settle the cities’ claims against it. Pinole’s city council has already voted to accept the settlement offer. The proposed settlement must be approved by both the Hercules and Pinole City Councils.
Staff recommends that Hercules in turn formally accept PG&E’s settlement offer by adopting the attached resolution. While the proposed settlement is less than the estimated cost of the delays, there is no guarantee the cities would prevail during a trial, and the cost of pursuing the claim via litigation would be prohibitive. Among other reasons, PG&E claims that the delays were for reasons outside of its control. If a court agreed with PG&E, the cities would recover nothing.
The proposed settlement is for $110,000, of which Hercules’ share would be $55,000. If approved, the proceeds will be deposited into the Sewer Enterprise Fund, which was used to pay for the Project.
It should be noted that even with the additional costs caused by the delays, the Project was completed under budget.
ATTACHMENTS:
Resolution Approving Settlement of Claim Against PG&E Regarding Water Pollution Control Plant Upgrade Project Delays. Exhibit A: Settlement Agreement 136
Attachment 1
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING
SETTLEMENT OF CLAIM AGAINST PG&E REGARDING WATER POLLUTION
CONTROL PLANT UPGRADE PROJECT DELAYS
WHEREAS, the Pinole-Hercules Water Pollution Control Plant (the “Plant”) is owned equally by the cities of Pinole and Hercules; and
WHEREAS, in 2019, Pinole and Hercules undertook a major project to upgrade the Plant (the “Project”), and Pacific Gas and Electric (“PG&E”) was the utility responsible for providing critical gas and electric services for the Project during construction; and WHEREAS, PG&E failed to timely provide the necessary utility services, which caused significant delays in the completion of the Project and increased the cost of the Project; and WHEREAS, the cities of Pinole and Hercules filed a claim for damages against PG&E as part of PG&E’s then ongoing bankruptcy proceeding; and
WHEREAS, PG&E has offered to settle the cities’ claims against it for $110,000, which would be split evenly between the cities of Pinole and Hercules; and WHEREAS, the Hercules City Council desires to accept PG&E’s offer in order to avoid the cost of litigation.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hercules hereby declares as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. The City of Hercules hereby approves the proposed $110,000 settlement of the claim against PG&E regarding the Water Pollution Control Plant Upgrade Project delays, of which the City’s share is $55,000.
3. The City Manager is authorized and directed to execute the settlement agreement, attached herein as "Exhibit A" in a form approved by the City Attorney, and take such other actions as are necessary to carry out the purpose and intent of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED the foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9 th
day of August, 2022 by the following vote of the Council:
137
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________
Dion Bailey, Mayor
ATTEST:
____________________
Lauren Berges, City Clerk
138
139
140
141
142
143
144
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: Finance Commission Appointment to Fill a Vacancy RECOMMENDED ACTION:
Based on interviews conducted prior to the Regular Meeting tonight, decide whether to make an appointment to fill the vacancy on the Finance Commission.
FISCAL IMPACT OF RECOMMENDATION:
There is no fiscal impact associated with this item.
DISCUSSION:
With the recent resignation of Commissioner Risbi, The City’s Finance Commission (listed below) has one vacant seat with a term expiration of December 31, 2023. The City conducted a recruitment for applicants to fill the seat for the unexpired term. The recruitment ended on July 20, 2022.
Finance Commission – One (1) term ending December 2023.
The Finance Commission meets bi-monthly on the third Wednesday at 7 p.m. The Commission is advisory to the Council. One (1) application was received from Terrell Kingwood.
ATTACHMENTS: None.
145
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Mayor Bailey and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Patrick Tang, City Attorney
Lauren Berges, City Clerk
SUBJECT: Commissioner Attendance Requirements
RECOMMENDATION:
Receive and discuss the report and provide direction to staff.
BACKGROUND:
As a Future Agenda Item, the City Council directed staff to agendize a discussion of current Commissioner attendance requirements. This report is responsive to the Council’s direction.
DISCUSSION:
Pursuant to the Hercules Municipal Code (relevant provisions provided below), all of the current council-created commissions have commissioner attendance requirements that call for the automatic removal of a commissioner who is absent from three meetings during any rolling twelvemonth period; there are no exceptions provided. The Council adopted in 2010 Resolution No. 10- 068 (see Attachment A) establishing procedures for appointments to commissions and other bodies that provides as follows:
“A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability.” (Page 4, Section E(3)) Taken together, the provisions of the Hercules Municipal Code and Resolution No. 10-068 cited in this report are construed to mean that a commissioner who is absent from three meetings within 146
a rolling twelve-month period is automatically removed from the commission, but may request a waiver from the City Council and, at the discretion of the Council, may be reinstated.
Consistent with the requirements of Resolution 10-068, it is the City’s practice to provide notice to commissioners who have missed two meetings within a twelve-month period, and a termination notice if the member has missed three meetings in a twelve-month period.
CONCLUSION:
If the Council were to decide to change the current policy regarding commissioner attendance, then the Municipal Code sections excerpted below would need to be amended, as well as Resolution No. 10-068. This would require: 1) two readings and final passage of an ordinance which would go into effect 30 days from the date of final adoption, and 2) passing a resolution setting forth amended procedures for handling the revised commission attendance requirements.
Hercules Municipal Code - Commission Attendance Requirements Planning Commission:
Sec. 2-2.103 Attendance at Meetings.
Any member of the Planning Commission who is absent from three (3) meetings of the Planning Commission during any rolling twelve (12) month period shall be automatically removed from the Commission. The vacancy thereby created shall be filled as provided in Section 2-2.104. (Ord. 519 § 2 (part), 2019: Ord. 474 § 1, 2013: Ord. 370 § 1 (part), 2002: Ord. 171 § 1 (part), 1983)
Sec. 2-2.104 Vacancies.
If a vacancy occurs in the membership of the Planning Commission whether by death, resignation, automatic removal as provided in Section 2-2.103, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 171 § 1 (part), 1983)
Community and Library Services Commission:
Sec. 2-2.503 Attendance at Meetings.
147
Any member of the Community and Library Services Commission who is absent from three (3) meetings of the Commission during any rolling twelve (12) month period shall be automatically deemed to have resigned from the Commission. The vacancy thereby created shall be filled as provided in Section 2-2.504. (Ord. 519 § 2 (part), 2019: Ord. 444 § 2 (part), 2009)
Sec. 2-2.504 Vacancies.
If a vacancy occurs in the membership of the Community and Library Services Commission whether by death, resignation, automatic removal as provided in Section 2-
2.503, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 444 § 2 (part), 2009) Finance Commission:
Sec. 2-2.603 Attendance at Meetings.
Any member of the Finance Commission who is absent from three (3) meetings of the Commission during any rolling twelve (12) month period shall be automatically deemed to have resigned from the Commission. All Commission appointees are required to be provided notice of the automatic removal provision after each absence, and prior to termination. The vacancy thereby created shall be filled as provided in Section 2-2.604. (Ord. 519 § 2 (part), 2019: Ord. 481 § 1 (part), 2014)
Sec. 2-2.604 Vacancies.
If a vacancy occurs in the membership of the Finance Commission, whether by death, resignation, automatic removal as provided in Section 2-2.603, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 481 § 1 (part), 2014)
Education Commission:
Sec. 2-2.403 Attendance at Meetings.
Any member of the Education Commission who is absent from three (3) meetings of the Education Commission during any rolling twelve (12) month period shall be 148
automatically removed from the Commission, and the Council shall fill the vacancy thereby created as provided in Section 2-2.404. (Ord. 519 § 2 (part), 2019: Ord. 384 § 1 (part), 2004)
Sec. 2-2.404 Vacancies.
If a vacancy occurs in the membership of the Education Commission, whether by death, resignation, automatic removal as provided in Section 2-2.403, removal by the Council or for any other reason, the vacancy shall be filled in accordance with the process for appointments established by City Council resolution, as amended from time to time. (Ord. 519 § 2 (part), 2019: Ord. 384 § 1 (part), 2004)
Attachments:
1 . Resolution No. 10-068
149
150
151
152
153
154
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Memorandum of Understanding (MOU) with the City of Pinole for the San Pablo Avenue Bridge Replacement Project
RECOMMENDED ACTION:
Receive a presentation on the San Pablo Avenue Bridge Replacement Project and approve an MOU including the preferred bridge alignment.
FISCAL IMPACT OF RECOMMENDATION:
There is no cost associated with this agenda item.
DISCUSSION:
The San Pablo Avenue Bridge is located in Pinole, just south of the Hercules city limits. It spans over the BNSF railroad tracks and is 4 lanes wide and 425 ft long. Being 80 years old, the bridge does not meet current structural design standards and lacks pedestrian and bicycle facilities. Approximately $20M in grant funding has been programmed by Pinole out of the total $30M needed to replace the bridge. The project is currently in design, with the technical studies and environmental phase underway.
The bridge is on a regional route of significance, carrying many Hercules residents traveling by car to and from work and other activities. Adding bike lanes and sidewalks will provide the facilities for Hercules residents to walk or bike south on San Pablo Avenue. The bridge is also on a designated evacuation route for Hercules, so having a more resilient bridge in place during a natural disaster is highly desirable.
While the bridge itself is located entirely within Pinole, work and project impacts will occur in Hercules. Detouring, traffic control, and construction of the northerly approach will occur within the city limits and adjacent residential properties in Hercules will be affected by the project. Given the interests of both cities and mutual benefit of the project, it is proposed that a Memorandum of Understanding (MOU) be executed to ensure the project can proceed forward successfully while meeting both cities’ needs and expectations.
155
The proposed MOU establishes:
The Project shall be administered by Pinole under a single construction contract and Hercules will not make a direct financial contribution.
Pinole shall own, maintain, and operate the new bridge, similar to the existing bridge. Hercules will issue the necessary approvals to perform site investigations, project development, and construction activities needed to advance the project as requested by Pinole in a reasonable amount of time.
Acquisition of easements for the temporary detour will be in accordance with the requirements and procedures of Caltrans and the Federal Highway Administration, who are providing the project funding.
The project will be required to comply with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), including identifying environmental impacts and associated mitigation measures. Hercules supports the preferred bridge alternative.
The preferred bridge alternative, which is identified as Alternative 1 in the presentation material (Att #4), is to replace the bridge on its current alignment versus Alternative 2, which would align the bridge farther to the north, closer to the homes on Skelly and Dunham Court. Alternative 1 has less right of way impacts long-term, is less impactful to traffic, faster to build, and costs less. The project development team will present this information in detail, which is discussed at length in Attachments 3 & 4, at the meeting tonight as well as the public outreach which has occurred to date, which includes 2 meetings with the Hercules By The Bay Homeowners Association.
ATTACHMENTS:
1. Resolution
2. Memorandum of Understanding (MOU)
3. Pinole Staff Report March 1, 2022
4. Presentation
Financial Impact
Description: Not applicable
Funding Source:
Budget Recap:
Total Estimated cost: $ New Revenue: $
Amount Budgeted: $ Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
156
HERCULES CITY COUNCIL
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A
MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITY OF PINOLE FOR THE SAN
PABLO AVENUE BRIDGE REPLACEMENT PROJECT
WHEREAS, the San Pablo Avenue Bridge is located in Pinole just west of the Hercules city limits; and WHEREAS, the 80 years old bridge is in need of replacement because it does not meet current structural design standards and lacks pedestrian and bicycle facilities; and WHEREAS, Pinole has programmed approximately $20M in grant funding out of the $30M needed to replace the bridge; and
WHEREAS, to construct the Project work will need to be completed within the Hercules city limits and impact residential properties; and
WHEREAS, it is recommended the cities enter into an MOU that specifies respective roles and responsibilities to ensure the project can proceed forward successfully while meeting both cities’ needs and expectations; and WHEREAS, the MOU includes support for the preferred alternative, which will construct the replacement bridge along the current alignment, resulting in less impact to the adjacent properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby approves a Memorandum of Understanding (MOU) with the City of Pinole for the San Pablo Avenue Bridge Replacement Project.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9
th day of August, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk/PIO
157
MEMORANDUM OF UNDERSTANDING FOR THE SAN PABLO AVENUE BRIDGE
PROJECT
THIS AGREEMENT is made and entered into this ____ day of ______________, 2022, by and between the City of Pinole, hereinafter called “PINOLE”, and the City of Hercules, hereinafter called “HERCULES” (individually referred to as “Party” or collectively as “Parties”).
RECITALS:
WHEREAS, PINOLE and HERCULES recognize the need for the replacement of the San Pablo Avenue Bridge, located in PINOLE, adjacent to the border of PINOLE and HERCULES, with a project to effectuate such replacement hereinafter referred to as “the Project;” and
WHEREAS, two bridge design alternatives have been considered, and the design alternative that maintains the existing alignment of the bridge and constructs a temporary bridge for detour traffic during construction is the preferred alternative; and WHEREAS, HERCULES supports the preferred alternative; and WHEREAS, the southern approach roadway and the bridge structure is located in PINOLE, and the northern approach roadway is located in HERCULES; and WHEREAS, the Project will be mutually beneficial to PINOLE and HERCULES; and, WHEREAS, PINOLE is the sponsor of the Project and is responsible for securing funding for all phases of the Project; and
WHEREAS, it is anticipated that certain approvals and actions will be required by HERCULES to facilitate the Project, including but not limited to an encroachment permit to construct the northern bridge approach, utility relocation, and the temporary bridge that lies within HERCULES.
NOW, THEREFORE, it is mutually agreed as follows:
1. The Project shall be performed and administered by PINOLE under a single construction contract, and HERCULES shall not make direct financial contributions to fund any phase of the Project.
2. Upon completion of the Project, PINOLE will continue to maintain the bridge structure and roadway that lie within the boundaries of PINOLE.
3. HERCULES agrees to issue PINOLE and its contractors the necessary approvals to perform site investigation, project development, and construction activities for the Project within the jurisdictional boundaries of HERCULES as requested by PINOLE and in a reasonable amount of time.
158
4. Temporary construction easements for the temporary detour during construction of the new bridge are anticipated. The R/W acquisition process will follow the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) as required with oversight from Caltrans and the Federal Highway Administration (FHWA). The Uniform Act ensures that owners of real property to be acquired for Federal and federally-assisted projects are treated fairly and consistently and encourages and expedites acquisition by agreements with such owners.
5. The Project shall comply with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) which includes identifying environmental impacts and associated mitigation measure as appropriate. PINOLE will serve as the Project Lead Agency with HERCULES serving as a responsible agency for the CEQA process while Caltrans has been assigned NEPA authority by the Federal Highway Administration (FHWA).
6. PINOLE agrees to indemnify, save, hold harmless, and at HERCULES request, defend HERCULES, its officers, agents and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of PINOLE, its officers, agents and employees, under this Agreement; provided that nothing herein shall constitute a waiver by PINOLE of governmental immunity available under or pursuant to Government Code Section 810 et seq. This section shall survive expiration or termination of this agreement.
7. Neither Party shall assign, transfer or sub-contract this Agreement nor any of its respective rights or duties hereunder without the written consent of the other Party.
8. This Agreement shall become effective upon execution by the Parties hereto and shall remain in effect until such time as construction of the Project has been completed and accepted by all Parties hereto and any associated claims have been settled or otherwise fully and finally resolved.
9. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
10. Each Party acknowledges that it has read and fully understands the content of this Agreement. This Agreement represents the entire and integrated Agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may 159
be modified only by written instrument executed by duly authorized representatives of both PINOLE and HERCULES.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first set forth above.
CITY OF PINOLE CITY OF HERCULES
By:___________________________ By:___________________________ [NAME] [NAME]
[TITLE] [TITLE]
APPROVED AS TO FORM APPROVED AS TO FORM
CITY OF PINOLE CITY OF HERCULES
LEGAL COUNSEL LEGAL COUNSEL
By:___________________________ By:___________________________ [NAME] [NAME]
[TITLE] [TITLE]
DATE:_________________________ DATE: _______________________
REVIEWED AND RECOMMENDED
FOR APPROVAL
By:____________________________
Sanjay Mishra, Director
Pinole Department of Public Works
REVIEWED AND RECOMMENDED
FOR APPROVAL
By:____________________________
Mike Roberts, Director
Hercules Department of Public Works
160
CITY COUNCIL
REPORT XX
DATE: MARCH 1, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA KAUR, SR. PROJECT MANAGER
SUBJECT: REVIEW TWO DESIGN ALTERNATIVES FOR REPLACEMENT OF THE
SAN PABLO AVENUE BRIDGE OVER BURLINGTON NORTHERN
SANTA FE RAILROAD (CIP PROJECT # RO1710) AND PROVIDE
DIRECTION
RECOMMENDATION
Staff recommends that the City Council:
1. Review two design alternatives for the replacement of the San Pablo Avenue bridge over Burlington Northern Santa Fe railroad (CIP Project # RO1710, the “Project”);
2. Accept Alternative 1 as the preferred design alternative and authorize conducting additional studies to proceed with preparation of environmental documents; and
3. Authorize staff to draft a Memorandum of Understanding with the City of Hercules regarding project development and construction coordination, which would need to be approved by the City Council prior to execution.
BACKGROUND
San Pablo Avenue is a four-lane regional arterial throughout Contra Costa County that connects Pinole with the City of San Pablo to the south and City of Hercules to the north.
The San Pablo Avenue bridge crosses over the Burlington Northern Santa Fe (BNSF) railroad track, approximately 900 feet northeast of the intersection of San Pablo Avenue and Pinole Valley Road. The bridge is a 425-foot-long and 13-span, reinforced concrete, parabolic slab structure that serves as the area’s direct route between the cities of Pinole and Hercules, without using the freeway.
Built in 1938, the bridge no longer meets American Association of State Highway and Transportation Officials (AASHTO) lane width and/or shoulder width standards for current and projected future average daily traffic (ADT). Bicycle and pedestrian access are not available on the existing bridge; however, bicyclists and pedestrians utilize the bridge to cross the railroad since no other method for crossing the BNSF railroad track is available 161
City Council Report
March 1, 2022 2
in the vicinity of San Pablo Avenue. In addition, the existing bridge does not meet current horizontal or vertical railroad setback requirements. The age and condition assessment of the existing bridge support replacement.
In early 2012, City staff completed a grant application to seek Measure J Transportation for Livable Cities funds from the Contra Costa Transportation Authority (CCTA) for construction of a new pedestrian/bicycle bridge crossing over the Burlington Northern Santa Fe right-of-way at San Pablo Avenue. The goal of the project was to provide safe pedestrian/bicycle access over the railroad. The City was notified that a grant in the amount of $47,000 was approved for design.
Shortly after, a State inspection revealed that the San Pablo Avenue bridge must be rehabilitated and was eligible for funding through the Highway Bridge Program (HBP).
City staff worked with CCTA and received approval to reprogram grant funds and use them for pedestrian/bicycle improvements on the San Pablo Avenue bridge.
The replacement of the San Pablo Avenue bridge over BNSF Railroad is an approved project in the current adopted Capital Improvement Plan (CIP Project # RO1710, the “Project”). The purpose of the Project is to provide a safe, modern bridge and roadway that enhances and supports multi-modal transportation.
In September 2015, the City submitted an HBP application and Project Study Report (PSR) to Caltrans for the Project. In December 2015, the City was approved for initial funding from the Federal Highway Administration (FHWA’s) Highway Bridge Program (HBP) to complete preliminary engineering (PE).The HBP provides federal aid to local agencies to replace and rehabilitate structurally deficient locally owned public highway bridges or complete preventative maintenance on bridges that are not deficient.
The PE phase is defined as all project initiation and development activities undertaken through the completion of the plans, specifications, and estimates (PS&E). It includes preliminary right-of-way engineering and investigations necessary to complete environmental documents.
The Project will rely on federal funding through the HBP, therefore, environmental documentation pursuant to the National Environmental Policy Act (NEPA) is required.
FHWA works with the California Department of Transportation (Caltrans) to implement NEPA on federal-aid projects on the state highway system and local streets and roads.
Caltrans is the lead agency under NEPA. Environmental documentation under the California Environmental Quality Act (CEQA) is also required for the project. The City of Pinole is the lead agency under CEQA.
162
City Council Report
March 1, 2022 3
The primary steps to complete the Project are the following: 1) completion of project studies and environmental documents (CEQA & NEPA); 2) development and completion of final PS&E; 3) acquisition of right-of-way; 4) acquisition of all regulatory agency permits; and 5) advertise, award, and administer the construction project.
Due to the limited initial funding allocation from the HBP, the PE will be completed in two phases. It was necessary to begin the preliminary design and environmental process to develop a final cost estimate and to pursue funding opportunities to support additional PE and all other phases of the Project. On February 18, 2020, City Council adopted Resolution 2020-07 to authorize the City Manager to negotiate and execute an agreement with Quincy Engineering, Inc. for preliminary engineering services to advance the Project.
In the first phase of PE, Quincy Engineering, Inc. is tasked with initiating preliminary design and environmental process through the preparation of alternatives analysis and bridge type selection, preliminary coordination with BNSF railroad, preparation of a project report, preliminary utility coordination, and environmental technical studies to support completion of CEQA and NEPA documents. The first phase of PE is expected to be completed by Fall 2022.
Before Fall 2022, the City will prepare and submit a funding request to the HBP to complete the second phase of PE, acquire right-of-way, and advance to the Project thru construction.
The second phase of PE will involve final utility coordination, final coordination with BNSF railroad, completion of final PS&E, and acquisition of regulatory permits. The anticipated timeline for this work is Fall 2022 – Fall 2023 (contingent upon funding from HBP). The acquisition of right-of-way will also occur simultaneously during the second phase of PE.
After completion of both phases of PE and right-of-way acquisition, the Project will be advertised for construction. It is anticipated that the Project award and construction will occur between Spring 2024 – Spring 2026 (contingent upon funding from HBP).
REVIEW & ANALYSIS
Several alignment and bridge type alternatives were investigated, and two alternatives were selected for further study based on minimizing project constraints including right-ofway needs, traffic impacts during construction, utility impacts, and construction duration.
Both alternatives will result in the construction of a new, approximately 490-foot-long and 82-foot-wide pre-cast/pre-stressed concrete girder bridge designed to accommodate two 12-foot lanes in each direction, a 4-foot-wide raised median, 8-foot shoulders with Class 163
City Council Report
March 1, 2022 4
II bicycle lanes, and a 10-foot sidewalk on the west side of San Pablo Avenue. Up to 200 feet of approach roadway in either direction may be slightly realigned from the existing condition between the intersections of Hercules Avenue and John Street.
There are several project considerations and challenges, noted below:
Staging area – during construction, contractors will need area to stage equipment.
A preliminary area for staging has been identified.
Pinole Gateway – the gateway sign, landscaping, and irrigation will need to be replaced.
Coordination with BNSF railroad – the existing bridge does not meet current horizontal and vertical clearance requirements noted in the BNSF – UPRR “Guidelines for Railroad Grade Separation Projects”. The existing bridge has 8.5 feet of horizontal clearance. The current guidelines note the absolute minimum horizontal clearance to be 18 feet. The existing bridge has 20.7 feet of vertical clearance, while the guidelines require a minimum of 23.33 feet. Utility coordination – there are utilities that are present in the area and will need to be protected in place or relocated (temporary or permanent). San Pablo Avenue is a major utility corridor for both overhead and underground utilities. Existing PG&E, East Bay Municipal Utility District (EBMUD), AT&T, and Comcast facilities occur within the project site. PG&E has underground natural gas service and transmission lines, while EBMUD has an underground water line within the extent of the project site. AT&T and Comcast maintain telecommunication lines in a large duct array suspended on the north side of the existing bridge. Impact to neighboring properties – depending on bridge location, there may be either a temporary or permanent impact to Hercules residences. There is also a private driveway at the southwest corner of the existing bridge that will need improved access from San Pablo Avenue.
Traffic – there will be temporary delays due to bridge construction. Pedestrian access – the Project will be mindful of multimodal users. During construction, the existing trail will be connected to new sidewalk at the northeast corner of the bridge.
Project Outreach
This Project was introduced to the West Contra Costa Transportation Advisory Committee (WCCTAC) in September 2020, and later presented to both the City Councils of Pinole and Hercules. The presentations covered the purpose and need of the Project, an introduction to the Project development process, an overview of Project considerations and challenges, and HBP funding constraints.
164
City Council Report
March 1, 2022 5
City staff routinely coordinates with the City of Hercules staff to share Project information.
In February 2021, City staff attended a meeting hosted by a Hercules homeowner’s association (Hercules by the Bay) to discuss the Project and address community questions and concerns.
In November 2021, a website (www.pinolesparabridge.com) was launched to provide Project information and provide access to recorded meetings. On December 8, 2021, a virtual public workshop was held to present design alternatives and answer questions for members of the public. Postcard invitations were mailed to all Pinole residents and Hercules residents who live near the Project. The City of Hercules also conducted outreach to invite residents to the workshop. The workshop was broadcast on PCTV and a recording is available for viewing on the Project website.
Responses to project questions and concerns received throughout the life of the Project and at the workshop are summarized in Attachment A.
Alignment Alternatives
Attachment B is a visual representation of the alternatives described below.
Alternative 1 – demolition of the existing four-lane San Pablo Avenue Bridge over the BNSF railroad and construction of a new bridge in the same location. A temporary twolane detour route with temporary bridge would be constructed northwest of the existing bridge to detour traffic around the project site during the approximate 18-month construction period. Numerous utilities are mounted on the existing bridge and would be temporarily relocated during construction and then mounted to the new bridge at the end of bridge construction. A sidewalk would be constructed along the edge of the southbound traffic lane and a 5-foot-wide walkway would be constructed on the temporary bridge.
Construction of the temporary detour road and bridge would require securing a temporary construction easement from the City of Hercules and private properties. The estimated cost of construction for this alternative is $29.1 million.
Alternative 2 – constructing the new four-lane San Pablo Avenue Bridge over the BNSF railroad parallel to the existing bridge. Traffic remains on the existing bridge during construction and minimizes traffic delays during construction while the new single stage bridge is constructed. This alternative places traffic closer to the residences at Hercules by the Bay in the City of Hercules and has significant impacts to PG&E and EBMUD underground utilities. Construction is expected to take approximately 18 months. The estimated cost of construction for this alternative is $36.2 million. 165
City Council Report
March 1, 2022 6
Staging and associated challenges for both alternatives are summarized below:
Alternative Description Staging Challenges
1 New bridge at
existing
bridge
location
(2-Lane temporary Bridge
during Detour)
Stage 1: A 2-lane temporary
bridge detour alignment will be
constructed west of the existing
bridge; existing traffic will
remain in its existing condition.
Stage 2: traffic will be diverted
onto the 2-lane temporary
bridge detour (1 lane for NB
traffic and 1 lane for SB traffic);
pedestrians will have a 4' wide
passageway separated from
traffic by k-rail; the existing; the
existing bridge will be removed;
the proposed bridge will be
constructed along the same
alignment as the existing.
Traffic impacts
from reduced
capacity during the
project
Detour alignments
will encroach onto
adjacent properties
2 Fully
separated
bridge
Stage 1: traffic will remain in its
existing configuration while the
new bridge is built.
Stage 2: the roadway
approaches to the bridges will
be constructed under traffic
control.
Largest permanent
footprint of all the
alternatives
(environmental,
utilities)
Permanent traffic
closer to Hercules
by the Bay
properties
Bridge will
encroach onto
adjacent properties
A value analysis was completed based on the following criteria:
# Criteria Weighting
1 Right-of-way – minimize permanent right-of-way impacts 40% 2 Traffic impacts – minimize traffic disruption during construction 30% 3 Utility impacts – minimize permanent impacts to utilities 20% 166
City Council Report
March 1, 2022 7
4 Construction duration – minimize construction duration 10% Total 100%
Criteria Weighting Alternatives Score
(1-10)
Criterion
score
Baseline
Right-of-way 40
Alternative 1 10 400 Final bridge within existing
right-of-way
Alternative 2 4 160
Edge of bridge deck moves
closer to existing homes in
Hercules
Traffic
impacts 30
Alternative 1 3 90 2-lane section through
construction
Alternative 2 4 120
4-lane section through
construction (reduced lane
widths)
Utility impacts 20
Alternative 1 4 80
Temporary impacts from
building temporary bridge &
roadway over utilities
Alternative 2 2 40 Impacts to PG&E natural gas
and EMBUD water lines
Construction
duration 10
Alternative 1 7 70
Existing bridge constructed
in 1 stage – temporary
bridge option
Alternative 2 3 30 Staged construction – partial
bridge removal
The total performance score for each alternative based on the criterion is summarized below:
CRITERION
Right-ofwayTraffic Utility
impacts
Construction
duration
Total =
Performance
Score
Weighting 40% 30% 20% 10% 100%
Alternative 1 400 90 80 70 640
Alternative 2 160 120 40 30 350
The value index score is calculated for each alternative by dividing the performance score with the estimated cost.
Alternative Performance
Score
Estimated
Cost
(Millions)
Value Index Score
(Performance score/Cost)
Alternative 1 640 $29.1 21.99
167
City Council Report
March 1, 2022 8
Alternative 2 350 $36.2 9.67
Based on the criterion scoring summary and value index score, staff recommends that City Council accept Alternative 1 as the preferred design alternative and authorize conducting additional studies to proceed with preparation of environmental documents.
Prior to the conclusion of the first phase of PE, the City will submit a project report which includes a Bridge Type Selection document to Caltrans for review and approval. The project report will document the process that was followed to select a preferred alternative. The HBP will review the project report and will approve funding based on a value analysis.
Next Steps
Based on the preferred design alternative, the consultant will continue completion of project studies and environmental documents. The project involves continued coordination with Caltrans, BNSF, utilities, and the City of Hercules.
The Project will be mutually beneficial to Pinole and Hercules. While the City of Pinole is the sponsor of the Project and is responsible for securing funding for all phases of the Project, it is anticipated that certain approvals and actions will be required by the City of Hercules. Approvals will be required for contractors to perform site investigation, project development, and construction activities for the Project within the jurisdictional boundaries of Hercules.
In order to most efficiently collaborate with the City of Hercules, staff requests Council’s authorization to draft a Memorandum of Understanding with the City of Hercules regarding project development and construction coordination. The City Councils of Pinole and Hercules would ultimately need to approve the Memorandum of Understanding before it could be executed.
FISCAL IMPACT
In September 2015, the City submitted an HBP application and Project Study Report (PSR) to Caltrans for the Project. The PSR identified a total budget of $16,766,800 for the Project of which $893,000 was for PE, $100,000 for right-of-way, and the remainder $15,773,800 for construction. The HBP contributes 88.53% of the bridge replacement cost and the remaining 11.47% is the local share.
Based on the project costs identified in the PSR, in December 2015, Caltrans programmed the Project in the HBP funding plan and committed to providing $790,573 168
City Council Report
March 1, 2022 9
(88.53% of $893k) for the PE phase. The City also secured $1,600,000 for local share from West Contra Costa Transportation Advisory Committee for all phases of the Project.
In addition, the City secured $387,000 from the CCTA for the design, right-of-way, and environmental clearance for the Project . That is sufficient funding for the local share of the PE phase.
A funding gap still exists for completion of the second phase of PE, right-of-way, and construction. The City will also need to continue to seek additional local share funds for the construction phase. The planning level construction cost estimate for Alternative 1 and Alternative 2 is $29.1 million and $36.2 million, respectively. The HBP allows local agencies to request additional grant allocation when bid proposals come in higher than initially budgeted for construction. Completion of preliminary design is necessary to develop a final cost estimate and facilitate the City in pursuing funding to support all phases of the Project.
ATTACHMENTS
A. Project Questions and Concerns
B. Alignment Alternatives
169
San Pablo Avenue Bridge Replacement Project
Alternative 1- Existing Alignment
170
San Pablo Avenue Bridge Replacement Project
Alternative 1- Detour
171
San Pablo Avenue Bridge Replacement Project
Alternative 2- Parallel Alignment
172
San Pablo Avenue Bridge Replacement Project
S A N PA B LO AV E N U E B R I D G E R E P L A C E M E N T P R OJ E C T 173
San Pablo Avenue Bridge Replacement Project
Introduction
Misha Kaur, City of Pinole
Sanjay Mishra, City of Pinole
Mike Roberts, City of Hercules
Jason Jurrens, Quincy Engineering
174
San Pablo Avenue Bridge Replacement Project
Project Goal
175
San Pablo Avenue Bridge Replacement Project
Existing Bridge
• 80-Year Old Bridge
• Defined “Structurally Deficient”
by Caltrans
• Eligible for Replacement
• Existing Deficiencies
176
San Pablo Avenue Bridge Replacement Project
Project Location
177
San Pablo Avenue Bridge Replacement Project
Project Considerations & Challenges
178
San Pablo Avenue Bridge Replacement Project
Alternative 1- Existing Alignment
179
San Pablo Avenue Bridge Replacement Project
Alternative 1- Detour
180
San Pablo Avenue Bridge Replacement Project
Alternative 2- Parallel Alignment
181
San Pablo Avenue Bridge Replacement Project
Cost
Alternative Roadway Structures Right of Way
& Utility
Relocation
Design &
CM
Total
1 $4.6M $20.0M $260K $4.2M $29.1M
2 $4.5M $25.2M $2.26M $4.2M $36.2M
• $16.767M Total Programmed for Project
$14.843M Federal HBP (88.53%)
$1.923M Local Match (11.47%)
• Local Match Secured to Date
$1.6M – WCCTC Subregional Transportation Mitigation Program (STMP)
$387,000 – CCTA Measure J TLC
• Project funding gap still exists
182
San Pablo Avenue Bridge Replacement Project
Value Analysis
Criterion Share Comment
1 Right of Way 40% Minimize permanent R/W impacts
2 Traffic Impacts 30% Minimize traffic disruption during construction 3 Utility Impacts 20% Minimize permanent impacts to utilities 4 Construction Duration 10% Minimize construction duration Right of Way, 40%
Traffic Impacts,
30%
Utility Impacts,
20%
Construction
Duration,
10%
Performance Criteria
183
San Pablo Avenue Bridge Replacement Project
Value Analysis
Criterion Weighting Crossing Score (1-10) Criterion Score Baseline (5) - Minimize impacts to adjacent homes Right of Way 40 Alt 1 10 400 Final bridge within existing R/W Alt 2 4 160 Edge of bridge deck moves closer to existing homes Criterion Weighting Crossing Score (1-10) Criterion Score Baseline (5) - Minimize traffic impacts Traffic
Impacts 30
Alt 1 3 90 2-lane section through construction
Alt 2 4 120 4-lane section through construction (reduced lane widths) Criterion Weighting Crossing Score (1-10) Criterion Score Baseline (5) - Minimize utility impacts Utility
Impacts 20 Alt 1 4 80 Temporary Impacts from building temporary bridge & roadway over utilities Alt 2 2 40 Impacts to PG&E Natural Gas and EBMUD Water Lines Criterion Weighting Crossing Score (1-10) Criterion Score Baseline (5) - Minimize construction duration Construction
Duration 10 Alt 1 7 70 Existing bridge constructed in 1 stage- Temp bridge option Alt 2 3 30 Staged Construction- Partial Bridge Removal
184
San Pablo Avenue Bridge Replacement Project
Value Analysis
Criterion Scoring Summary Right of Way Traffic Impacts Utility Impacts Construction Duration
Total = Performance
Score
Weighting 40% 30% 20% 10%
Alt 1 400 90 80 70 640
Alt 2 160 120 40 30 350
185
San Pablo Avenue Bridge Replacement Project
Value Analysis
Note: High value index score (Performance Score / Cost) is best value Crossing Performance Score Cost (Millions) Value Index Score (P/C) Alt 1 640 $29.1 21.99
Alt 2 350 $36.2 9.67
0.00 5.00
10.00 15.00
20.00 25.00
Alt 1 Alt 2
Value Index
186
San Pablo Avenue Bridge Replacement Project
Key Concerns
• What can this project do to mitigate speeding?
• Will there be accommodations for bicycles and
pedestrians during construction?
• What impact will there be to current state of parking and access between John Street and Pinole Valley Road
during construction?
187
San Pablo Avenue Bridge Replacement Project
Next Steps
• Continue Technical Studies
• Develop Type Selection Document
• Continue Coordination with Caltrans
• Continue Coordination with BNSF
• Continue Utility Coordination
• Develop Project Report
• Complete CEQA and NEPA
• Begin Final Design and Right of Way
188
San Pablo Avenue Bridge Replacement Project
HBP Process
189
San Pablo Avenue Bridge Replacement Project
Schedule
Agency Meetings, Railroad
Coordination, Utility Coordination,
& other Outreach throughout
Jan – Jun 2021
• Begin Utility
Coordination
Advertise Project- Spring 2024
Construction- Summer 2024 through Spring 2026
• Complete 30% Plans
Planning & Design Utilities & Right-of-Way
Initiate Project
• Topo Surveys
• Preliminary Geotech
• Begin Environmental Studies
• Begin Railroad Coordination
• Complete
Environmental
Anticipate
NEPA CE & CEQA
IS/MND
• Complete Final
Plans
Jul – Dec 2020 Jul – Dec 2021 Jan – Jun 2022 Jul – Dec 2022 Jan – Jun 2023 Jul – Dec 2023 • Complete R/W Acquisition • Complete
Utility
Coordination
• Begin R/W Acquisition
• Complete
Environmental
Technical Studies
190
San Pablo Avenue Bridge Replacement Project
Q & A
191
San Pablo Avenue Bridge Replacement Project
Misha Kaur
Sr. Project Manager
2131 Pear Street
Pinole, CA 94564
Email: [email protected]
Phone: (510) 724-9839
https://www.pinolespabridge.com
Contact Information
192
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Sole Source Contract with Gray Bowen Scott for a Not to Exceed Amount of $474,753 to Advance the Regional Intermodal Transit Center for Grant Funding and Project Readiness and Appropriating $450,000 from the General Fund/Capital Project Reserve and $24,753 from Traffic Impact Fee Fund to Fully Fund the Contract.
RECOMMENDED ACTION:
Adopt a Resolution authorizing the City Manager to execute a sole source contract with Gray Bowen Scott (GBS) for a not to exceed amount of $474,753 to advance the Regional Intermodal Transit Center (RITC) for grant funding and project readiness and appropriating $450,000 from the General Fund/Capital Project Reserve and $24,753 from Traffic Impact Fee Fund to fully fund the contract.
FISCAL IMPACT OF RECOMMENDATION:
The General Fund/Capital Project Reserve was established to ensure the City had the financial capability to respond when opportunities arose to advance top priority projects, such is now occurring with the RITC. While there is sufficient funding in the Capital Project Reserve for the full scope of work being proposed, Task 3 in the amount of $84,243 would only advance if grant funding opportunities surface before 2023 as determined by the City Manager.
SUMMARY
There is a unique window of opportunity over the next 5 months to pursue grant funding for the RITC, which includes the potential for a future bus, rail, and ferry on Bayfront Boulevard. An unprecedented amount of federal and state grant funding for pandemic relief, economic stimulus, and infrastructure investment is becoming available on a competitive basis.
The RITC is highly competitive, having received approximately $46M to date, and continues to score exceptionally well on grant criteria. The Project relieves congestion on I-80; reduces greenhouse gases; is the cornerstone of a transit-oriented development that includes over 400 new apartments with another 325 slated for construction in the coming months; and is an easy sub-10 minute bike ride on the Bay Trail from Rodeo, a community of concern.
193
Approximately $70M in additional funding is needed to build the infrastructure necessary for the Capitol Corridor train to stop. Over the past several years the City, with the assistance of the GBS team, has raised the profile of the RITC and built the relationships with regional, state, and federal officials needed to secure this level of funding. However, key senior regional elected officials will be ending their term in December.
This contract is for GBS to make a concerted, focused effort through the end of the year and beyond to take advantage of this unique window of opportunity and position the City for grant funding. The scope of work falls into 3 broad categories:
1. Positioning the Project for Competitiveness
The work completed under this contract will best position the RITC for grants during this window of opportunity, and beyond. While competing for grants is inherently uncertain, getting the Project “shovel ready” is a necessary step to receiving grants in the future.
2. Project Management
Since 2014, City staff has been directly managing the design of this project, coordinating with agencies such as CCJPA, BART, and utility companies to reconcile issues that affect design of this project. Given current demands on city staff and intensity of effort needed, it is recommended GBS’s scope include project management services. Agencies, such as the Contra Costa Transportation Authority use consultants to manage their complex projects. GBS, as CCTA’s Deputy Project Manager, led the delivery of CCTA’s $120M I-680 Express Lanes Project.
3. Grant Applications (optional, at the City Manager’s discretion) When a call for projects is issued for grant funding, the timeline to submit the application is often very short. Including grant applicants in the scope of work will ensure the timely submittal of applications and that funding opportunities are not missed. Funding will only be expended, however, if a grant opportunity surfaces and at the City Manager’s discretion.
GBS has been assisting the City of Hercules to secure funding and advance the RITC in Hercules since 2012. At least $46M in Federal, State, Regional and Local funds have been invested to date in the RITC. The Project has attained NEPA and CEQA approvals. The Path to Transit as well as Bay Trail East and West phases have been constructed. Capitol Corridor Joint Powers Authority has formally recognized Hercules as a Candidate Station. GBS has played a key role over this 10-year period and gained intimate knowledge of all facets of this complex project. Given the work needing to be accomplished over the next 5 months, which could not successfully be completed without a deep knowledge of the project, staff is recommending proceeding with a sole source contract.
DISCUSSION:
Since 2012, much progress has been made. The Project now needs an estimated $70M to fully fund the construction of the station, which includes completion of the design, relocation of utilities, and construction of a third track and station platforms.
Under a current contract in place, Gray-Bowen-Scott and Zell & Associates has accomplished the following over the first half of 2022:
Grant Opportunities:
o Reviewed and evaluated funding options and the feasibility of various sources for funding RITC improvements.
194
o Prepared a funding request in response to Senator Padilla’s call for projects. The City’s request for design funds was not selected for this very competitive source. Stakeholder Engagement on Funding Strategy: GBS worked with staff on the development of a funding strategy to pursue funding from Federal, State, and Regional sources and options for a local match by engaging with key funding stakeholders. The GBS team structured, scheduled, and led site tours to provide an update of the project and discuss strategies for funding through Federal, State, and Regional (MTC) funding with key project stakeholders, including:
o Supervisor Jim Spering, MTC Commissioner and CCJPA member, and MTC Commissioner Amy Worth: Supervisor Spering subsequently brought Andy Fremier, MTC Deputy Executive Director for Operations to Hercules. Mr. Spering gave Mr.
Fremier a tour of the site and explained the regional significance of the City’s project to his staff.
o Supervisor Federal Glover, MTC Commissioner Amy Worth, and CCTA executive management staff, Executive Director Tim Haile and Director of Programming Hisham Noemi,
o GBS is working on rescheduling a meeting and tour with WETA Chair Jim Wunderman and ferry advocate Bobby Winston to discuss opportunities for ferry service in Hercules. Bobby was instrumental in the establishment of the Richmond Ferry and will be very helpful in assisting in securing WETA support for a Hercules Ferry.
o GBS is also currently working on a meeting with Supervisor Glover and Commissioner Worth with key MTC leadership staff to identify sources of funding.
As a result of the GBS team’s outreach, the most senior Commissioners on MTC support funding the RITC. GBS also supported Councilmember Kelly’s unique position as Chair of CCTA.
The following scope of work is proposed under the new contract. All work under these tasks will be billed on a time and materials basis.
Task 1 - Position the Project for Competitiveness Cost $145,750 Finalize the strategy to secure full funding of the Project Synthesize all of the strategic input gathered thus far into a complete funding strategy. Identify a Project Champion to help garner the support of key elected and appointed officials. Prescribe actions necessary to increase the likelihood of securing funds from each target. Develop key asks of elected officials and granting agencies for the project, garner their help in identifying specific sources of grant funds and define a mechanism to document tangible consensus on a conceptual funding strategy:
o CCTA Board Members
o MTC Commissioners
o State representatives
o State officials
o Federal officials
195
o Congressman Thompson
o Congressman DeSaulnier
o Congressman Garamendi
Identify team members to serve as liaisons with key stakeholders and granting agencies such as WETA, CTC, and MTC. These liaisons would attend meetings to help position the Project and identify additional funding opportunities as they emerge. Arrange periodic meetings with executive management of funding agencies and the City to facilitate joint decisions on policy-level issues such as funding strategies and programming options.
Strategic Guidance and Stakeholder Coordination (with Zell & Associates) The Consultant team will conduct ongoing coordination with key stakeholders to brief them on the findings and recommendations resulting from past and current planning, technical, and engineering studies to foster and secure support for grant funding. As appropriate, Consultant will strategize with stakeholders to pursue grant funding opportunities consistent with the Plan. Stakeholders will include groups such as community, business, and advocacy organizations as well as agency partners such as CCTA, WestCat, and WETA. This subtask includes regular meetings with City management staff to continually refine and strategize our ongoing work program and coordinate the implementation of our Outreach Plan. Eric Zell, Zell & Associates, will lead all government relations and public affairs strategies and stakeholder engagement for the team.
Strategic Communications Program – Phase 1(with BMWL)
Update and communicate messaging about the benefits and features of the Project.
Residential units which are part of the City’s Transit Oriented Development have been constructed and/or are under construction. This includes creation of a new messaging guide and an update of all communications materials with information about the latest developments in the Project vicinity expressed to resonate best with the target audience. Messaging will target key stakeholders such as the elected officials of MTC, WestCat, WETA, Capitol Corridor, CCTA, and local, state, and federal officials to increase awareness of the project and its potential benefits. Details of BMWL’s scope are attached of which just Phase 1 would be conducted under this amendment.
Task 1 5-month Deliverables
Commitment from MTC on inclusion of Project into one or more funding programs Documentation of funding strategy
Task 2 - Project Management and Controls Cost $244,760
This task is focused on starting up leadership of the project’s delivery and preparing for the maintenance of such leadership through close out of the Project. Consultant will serve as the City’s Deputy Project Manager providing direct management of the City’s design consultant contract scope, cost, and schedule.
Consultant will serve as the City’s extension of staff for project delivery issues with the City’s partners, stakeholders, and consultants as required and will keep the City’s Project Manager apprised of, and involved in, project progress and issues on a regular basis. The specific subtask include:
Contract Management
Manage the design consultant contracts including review and approval of invoices and processing amendments as needed.
196
Develop strategies to structure the construction contract documents and associated environmental re-evaluation to allow for phased construction based on availability of funds. Establish a Contracting and Staffing Plan that indicates who will perform all different portions of the Project scope, when it will be done and the anticipated associated cost. Support the City in addressing and complying with requirements imposed by Caltrans Audits and Investigations.
Project Meetings and Communication
Develop an organization chart to define communications protocols and reinforce consistent messaging within the project team and to key stakeholders. Arrange and facilitate meetings as needed to address project issues. Lead and/or attend various project-specific meetings, including meeting preparation. Report regularly to City on progress, issues, and resource needs. Provide as-needed project status reports and funding reports. Serve as the liaison between the project team and the City. Serve as the primary liaison between the City and key stakeholders. Work with the City to ensure public questions and concerns are addressed.
Project Execution and Issue Resolution
Compile a thorough understanding of the project status including history of previous decisions, and discussions with key stakeholders.
Provide leadership to the Project Team, including project vision, delivery goals and team decision-making protocols.
Develop strategies to guide various project issues to resolution. Work with railroad subconsultant to establish communication with UPRR and to resolve issues as they arise.
Project Controls
Develop a risk register to identify, manage, and communicate project risks and mitigation strategies; implement selected mitigation measures.
Compile an all-in (complete) Project Cost Estimate including escalation and risk contingency. Compile and monitor all project expenditures against approved funded project budget. Implement a project change management process and documentation. Develop and manage a detailed project schedule. Document assumptions with respect to project schedule.
Develop and track detailed project cost estimates and forecasts.
Detailed Funding Plan
Develop and initiate implementation of a funding plan based upon the funding strategy which includes a plan to secure the local match for federal grants. Remind CCTA and leverage that Hercules voluntarily “returned” $5m in STIP funds several years ago when CTC needed to deprogram projects due to lack of State funds. Compile project grant requirements such as procurement limitations, timely use of funds deadlines, and invoice reporting (provided by Task 3).
Optimize the use of the fund sources and address match requirements of various grants. Review the terms of funding agreements and assign eligible items of work to various funds programmed to this project.
Facilitate or participate in meetings with City’s funding partners to achieve consensus on proposed approach.
Manage efforts to secure grant funding.
197
Task 2 5-month Deliverables
Contracting and Staffing Plan for delivery of the entire project All-in cost estimate
Risk register
Cost monitoring report
Funding plan showing target grants and the Project delivery schedule Task 3 – Grants – Monitor Opportunities, Complete Applications and Assist with Approvals Cost $84,243
Under this task, Consultant will support Client in working with Caltrans, Federal agencies (primarily Federal Highway Administration and Federal Transit Administration), CCTA, East Bay Regional Parks District, MTC, and the CTC to fully fund the Project consistent with the funding strategy (Task 1).
Monitor opportunities
Gather background information and documents.
Clarify and confirm deadlines and requirements for each grant. Define the scope of technical and other studies or reports needed to support efforts to secure funding and necessary approvals.
Complete and submit grant applications
Complete applications with help from other resources as appropriate. Facilitate agency review and decision-making process.
Secure approvals
Secure permission to expend funds, including preparation of programming, allocation, and other requests (i.e. extension requests if required to Caltrans and / or CTC). Secure reimbursement of funds.
Assist with preparation of documents required by FHWA, FTA, Caltrans, and CCTA.
Following submittal of the package(s), Consultant will coordinate with the appropriate agencies such as Caltrans (including Local Assistance or Division of Rail, and at District and HQ levels) and FHWA to make sure requests are properly fulfilled.
Task 3 5-month Deliverables
To be defined by Consultant when the need arises and then authorized by the City Manager consistent with authority delegated by City Council.
The Proposed Team
GBS has assembled a team of experienced project leaders with deep local and regional relationships with transportation agencies and their policy officials and paired them with specialized expertise in rail. Individuals listed below will assist as detailed below. Leo Scott will serve as Gray-Bowen-Scott’s primary lead (Deputy PM) with the City’s PM. Individuals listed below will assist as follows:
Leo Scott, Sheena Patel, Terry Bowen, Matt Todd, Norma Ortega and support staff of GrayBowen-Scott: Leo will serve as the Deputy Project Manager working with Sheena Patel to set up the Project Management and Controls processes. Once the plans for this are agreed upon, Sheena will lead the implementation. Terry will partner with Eric on strategic stakeholder outreach as well as be a resource on historical strategic and technical knowledge of this 198
project. Matt will lead the preparation of the funding plan and grant applications. Norma Ortega, retired Caltrans CFO, has specialized knowledge in federal and state transportation funding. As with Project Management, once funding and grant development plans are agreed upon, GBS support staff will conduct the majority of the implementation. Eric Zell, Zell & Associates: Eric will continue to provide strategic guidance and assistance to bring intercity rail service to Hercules. He will lead strategic stakeholder outreach and coordination. Eric adds Bobby Winston, Ferry advocate, to his team to assure effectiveness with WETA.
John Whitehurst and Jill Nelson-Golub, BMWL Strategic Communications, Public Affairs, Advocacy: Under Eric and Terry’s direction, BMWL will prepare communication and advocacy material and help implement our communications plan. JMA, Rail Specialist: We plan to add JMA to our team as a resource for communications with UPRR and CCJPA.
Ryan Bissegger and technical staff, Mark Thomas and Company: We work with Ryan on other grant application efforts and he will function as a member of our team to deepen our bench and strengthen our Gray-Bowen-Scott grant application capabilities and capacity.
ATTACHMENTS:
1. Resolution
2. Agreement including GBS Proposal.
Financial Impact
Description:
Expenditure of an amount not to exceed $474,753 to be fully funded with $450,000 from General Fund/Capital Project Reserve and $24,753 from Traffic Impact Fee Fund.
Funding Source:
General Fund/Capital Project Reserve $450,000
Traffic Impact Fee Fund $24,753
Budget Recap:
Total Estimated cost: $ 474,753 New Revenue: $
Amount Budgeted: $0 Lost Revenue: $
New funding required: $474,753 New Personnel: $
Council Policy Change: Yes No
199
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE CITY MANAGER TO EXECUTE A SOLE SOURCE
CONTRACT WITH GRAY BOWEN SCOTT FOR A NOT TO EXCEED AMOUNT OF $474,753 TO ADVANCE THE REGIONAL INTERMODAL TRANSIT CENTER FOR GRANT FUNDING AND PROJECT READINESS AND APPROPRIATING $450,000 FROM THE GENERAL FUND/CAPITAL PROJECT RESERVE AND $24,753 FROM
TRAFFIC IMPACT FEE FUND TO FULLY FUND THE CONTRACT
WHEREAS, there is a unique window of opportunity over the next 5 months to pursue grant funding for the Regional Intermodal Transit Center (“RITC”) due to an unprecedented amount of federal and state grant funding for pandemic relief, economic stimulus, and infrastructure investment becoming available on a competitive basis; and WHEREAS, the RITC is highly competitive and approximately $70M in additional funding is needed to build the infrastructure necessary for the Capitol Corridor train to stop; and WHEREAS, given the unique knowledge Gray Bowen Scott (“GBS”) has obtained over the past decade providing strategic guidance and governmental affairs support to the City on the RITC, the complexity of the project, and narrow window of opportunity, it is recommended the City Council proceed with a sole source contract; and
WHEREAS, the General Fund/Capital Project Reserve was established to ensure the City had the financial capability to respond when opportunities arose to advance top priority projects, such is now occurring with the RITC, and there is sufficient funding in the Capital Project Reserve to fully fund the contact.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby authorizes the City Manager to execute a sole source contract with Gray Bowen Scott for a not to exceed amount of $474,753 to advance the Regional Intermodal Transit Center for grant funding and project readiness and appropriating $450,000 from the General Fund/Capital Project Reserve and $24,753 from Traffic Impact Fee Fund to fully fund the contract.
The foregoing Resolution was duly and regularly adopted at a special meeting of the City Council of the City of Hercules held on the ninth day of August, 2022 by the following vote of the Council:
AYES:
NOES:
ABSENT:
____________________________
Dion Bailey, Mayor
200
ATTEST:
Lauren Berges, City Clerk
201
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on August 9, 2022, between the City of Hercules, a California municipality (“City”), and Gray Bowen Scott (GBS), a Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on August 9, 2022 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement.
Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed Four Hundred Seventy Four Thousand Seven Hundred Fifty Three Dollars ($474,753), without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement.
Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services.
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Agreement No. 22-040
City Council Resolution No. _________
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 202
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Gray Bowen Scott (GBS)
111 Civic Drive 1211 Newell Ave, Suite 200
Hercules, CA 94547 Walnut Creek, CA 94596
(510) 799-8200 (925) 937-0980
Attn: City Clerk Attn: Leo Scott
[email protected]
Copy to: Mike Roberts Terry Bowen: [email protected] [email protected] Matthew Todd: [email protected]
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 203
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”). CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, nonowned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is selfinsured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 204
8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 205
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.
13.3.2 Compliance with the California Equal Pay Act. Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 206
the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 207
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 208
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Lauren Berges, City Clerk
Date: ___________________________
CONSULTANT: Gray Bowen Scott (GBS)
Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 President Leo Scott
7/29/2022
209
Attachment A
SCOPE OF SERVICES
<Attached detailed description of the required Services in the following pages> This page was intentionally left blank
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 210
July 27, 2022
Mr. Dante Hall, City Manager
City of Hercules
111 Civic Drive
Hercules, CA 94547
Dear Mr. Hall:
We appreciate the opportunity to continue assisting the City of Hercules with the Regional Intermodal Transit Center (RITC) Project. At your request, Gray-Bowen-Scott is pleased to furnish you with a proposed scope and budget for the remainder of the 2022 calendar year. Based on our discussions with you regarding the City’s current needs, we have included proposed scope and budget for project management services in addition to the continuation of our work to help the City secure needed project funding.
Objectives for the next 5 months
Based upon the work and accomplishments to date, our proposed scope and budget (attached) are structured to accomplish the following:
• Achieve tangible consensus with and between MTC and CCTA elected officials and executive staff on a conceptual funding plan,
• As your Deputy Project Manager and staff, determine a strategy and process to reconcile technical issues that affect the scope and cost of the RITC, compile a complete comprehensive cost estimate to substantiate the funding need, and establish the Project’s delivery schedule; and • Continue positioning the project for grant funding and prepare grant applications as opportunities arise.
Tasks to achieve objectives
To build upon the progress thus far and achieve these three objectives, we propose the following three tasks and corresponding deliverables.
Task Title Deliverables by Dec. 31, 2022 Request
Amount
Upon
Authorization
of City
Manager
Task 1: Position the Project for
Competitiveness
• Commitment from MTC on
inclusion of Project into one or
more funding programs
• Documentation of funding
strategy
$145,750
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 211
Task 2: Project Management and
Controls
• All-in cost estimate
• Risk register
• Funding plan showing target
grants and the Project delivery
schedule
• Contracting and Staffing Plan for
delivery of the entire project
$244,760
Task 3: Grants – Monitor
Opportunities, Complete
Applications and Assist
with Approvals
[OPTIONAL]*
• Completed applications (if
determined appropriate within
the Funding Strategy and
necessary before the end of
2022
$84,243
Totals $390,510 $84,243
Contract Authorized Not to Exceed Amendment $474,753
*Were a target grant identified through the work of Tasks 1 and 2 that had a call for projects prior to the end of 2022, the City Manager would be authorized by City Council to initiate the work of Task 3 based upon an estimate of cost from the Consultant.
The contract would compensate the consultant and all subconsultants on a time and materials basis, so if the cost to perform the work is not as high as the estimated amount, the cost to the City would be less than shown. In addition, there are one-time start-up activities needed to launch the Project Management and Controls scope. These start-up activities involve strategy and planning from more experienced staff.
Once the full Project status is known and the management processes established, it is anticipated that the monthly on-going cost to manage the Project from January 2023 onward will be less than the average monthly of charges during this 5-month window.
Achievements to date
Since 2012, Gray-Bowen-Scott has been assisting the City of Hercules to secure funding for the RITC in Hercules. Much progress has been made. At least $46M in Federal, State, Regional and Local funds have been invested to date in the RITC. The Project has attained NEPA and CEQA approvals. The Path to Transit as well as Bay Trail East and West phases have been constructed. Plans, specifications, and estimates for the remaining phases are approximately 65% complete. Capitol Corridor Joint Powers Authority recognizes Hercules as a Candidate Station. The Project now needs an estimated $70M to fully fund the construction of the station, which includes completion of the design, relocation of utilities, and construction of a third track and station platforms.
During the first half of 2022, Gray-Bowen-Scott and Zell & Associates have accomplished the following:
• Grant Opportunities:
o Reviewed and evaluated funding options and the feasibility of various sources for funding RITC improvements.
o Prepared a funding request in response to Senator Padilla’s call for projects. The City’s request for design funds was not selected for this very competitive source. • Orientations for new City Leadership:
o During 2021 and 2022, the City saw major changes in leadership. You joined the City during August 2021 and three new members of the Council took office in 2022. Our team DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 212
briefed you and City Council members on the evolution of the RITC including funding, development to date, our success with the Capitol Corridor JPA identifying Hercules for a train stop, the effectiveness of our earlier “Let’s Get I-80 Moving” campaign, and the funding opportunities and strategic thoughts for moving forward. City Council recently reaffirmed the RITC is still the City’s number one capital priority project. • Stakeholder Engagement on Funding Strategy: We worked with you and your staff on the development of a funding strategy to pursue funding from Federal, State, and Regional sources and options for a local match by engaging with key funding stakeholders. Our team structured, scheduled, and led site tours to provide an update of the project and discuss strategies for funding through Federal, State, and Regional (MTC) funding with key project stakeholders, including:
o Supervisor Jim Spering, MTC Commissioner and CCJPA member, and MTC Commissioner Amy Worth: Supervisor Spering subsequently brought Andy Fremier, MTC Deputy Executive Director for Operations to Hercules. Mr. Spering gave Mr. Fremier a tour of the site and explained the regional significance of the City’s project to his staff. o Supervisor Federal Glover, MTC Commissioner Amy Worth, and CCTA executive management staff, Executive Director Tim Haile and Director of Programming Hisham Noemi,
o We are working on rescheduling a meeting and tour with WETA Chair Jim Wunderman and ferry advocate Bobby Winston to discuss opportunities for ferry service in Hercules.
Bobby was instrumental in the establishment of the Richmond Ferry and will be very helpful in assisting in securing WETA support for a Hercules Ferry. o We are also currently working on a meeting with Supervisor Glover and Commissioner Worth with key MTC leadership staff to identify sources of funding.
As a result of our outreach, the most senior Commissioners on MTC support funding the RITC.
Our team is also supporting Councilmember Kelly’s unique position as Chair of CCTA.
The Importance of Project Management
As we discussed, most transportation facility projects today exceed $10M in value, require three or more contracts, involve multiple stakeholders, and require consistent public engagement. In this context, the ability of a project sponsor (such as the City of Hercules) to successfully deliver their projects depends upon having experienced, dedicated leadership with the bandwidth to run the project. The Project Manager is the one individual typically in responsible charge and assigned to lead the project on behalf of the sponsor.
The RITC Project is a large-scale complex project with many “moving parts.” Due to funding and other factors, the RITC will involve six or more contracts over multiple phases and years. The project needs to secure $70M (maybe more) in grant funds to fully fund design and construction. In addition, successful delivery of this project requires building momentum and consensus with two critical stakeholders, CCJPA and UPRR, with potentially competing interests.
The Project Sponsor, the City of Hercules, has a small staff with many other municipal responsibilities on their plate. As such, it makes sense that the City designate a staff member to serve in responsible charge as the Project PM with needed support from a consultant that can provide day-to-day leadership. We have found that the best way for a city, such as Hercules, to deliver a complex project like the RITC Project is to hire a consultant as the Project Sponsor’s Deputy PM working closely with the agency’s PM and DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 213
providing special expertise and support as needed. Since this Project has so many important elements all requiring concurrent, active management, we believe this solution is appropriate for Hercules. Agencies, such as CCTA, use this project management model.
At your request, Gray Bowen Scott has included the proposed scope and budget for GBS as the City’s Deputy PM. I would be the Gray-Bowen-Scott PM acting as your Deputy PM. For cost-effectiveness, I would be supported by other members of our staff. In addition, Terry Bowen, Eric Zell, and Matt Todd with their institutional knowledge and strategic federal, state, regional, and local relationships will continue to play an active role. Because pursuing grant funding so closely dovetails with reconciling issues with UPRR, CCJPA, and community and stakeholder relationships, our firm’s history on the Project has made us strategically positioned to help lead the Project. We have the experience, track record, and relationships needed to successfully move the RITC forward. Recently, I have delivered the $120M I-680 Express Lanes Project for CCTA as well as the $500M State Route 101 Express Lanes Project on the Peninsula; in both cases serving as the Deputy PM for the Project Sponsor. On each project, I earned the trust of the agency PM and executives to run their project, making decisions to address issues and move the project forward, representing them in project-specific meetings, keeping them informed on decisions and progress, involving them when necessary, and presenting to their boards.
The Proposed Team
We have assembled a team of experienced project leaders with deep local and regional relationships with transportation agencies and their policy officials and paired them with specialized expertise in rail.
Individuals listed below will assist as detailed below. I will serve as Gray-Bowen-Scott’s primary lead (Deputy PM) with the City’s PM. Individuals listed below will assist as follows:
• Leo Scott, Sheena Patel, Terry Bowen, Matt Todd, Norma Ortega and support staff of Gray-BowenScott: Leo will serve as the Deputy Project Manager working with Sheena Patel to set up the Project Management and Controls processes. Once the plans for this are agreed upon, Sheena will lead the implementation. Terry will partner with Eric on strategic stakeholder outreach as well as be a resource on historical strategic and technical knowledge of this project. Matt will lead the preparation of the funding plan and grant applications. Norma Ortega, retired Caltrans CFO, has specialized knowledge in federal and state transportation funding. As with Project Management, once funding and grant development plans are agreed upon, GBS support staff will conduct the majority of the implementation.
• Eric Zell, Zell & Associates: Eric will continue to provide strategic guidance and assistance to bring intercity rail service to Hercules. He will lead strategic stakeholder outreach and coordination.
Eric adds Bobby Winston, Ferry advocate, to his team to assure effectiveness with WETA. • Bobby Winston, Bay Crossings (subconsultant to Zell & Associates): Bobby is the proprietor of Bay Crossings, an online publication that focuses on Bay Area maritime and ferry issues. For over 20 years ago, he’s been a strong advocate for ferries in the Bay Area, helping to expand ferry service in the Bay Area.
• John Whitehurst and Jill Nelson-Golub, BMWL Strategic Communications, Public Affairs, Advocacy: Under Eric and Terry’s direction, BMWL will prepare communication and advocacy material and help implement our communications plan.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 214
• Jon Marshall and Allene Rieger, JMA Civil: JMA Civil, founded by Jon Marshall, brings more than 40 combined years of experience in railroad facility design, consulting, and general civil engineering. Together they have completed hundreds of railroad projects, most with UPRR and BNSF Railway. They have worked closely with the CPUC and these other important rail agencies:
CCJPA, CAHSR, BART, Caltrain, Amtrak and VTA.
• Ryan Bissegger and technical staff, Mark Thomas and Company: We work with Ryan on other grant application efforts and he will function as a member of our team to deepen our bench and strengthen our Gray-Bowen-Scott grant application capabilities and capacity.
To be realistic, completing this Project will require project management leadership and associated costs over the course of years. Due to the current status of the project and the need to continue building momentum to secure needed funding, our initial level of effort is anticipated to be more intense than what would become a normal level of support beginning in 2023. The cost for the work proposed herein and the cost for project and grant management through completion of the project will be accounted for as a project cost for which funds will be secured. Based on the tasks identified to date, we request our budget be augmented by $390,510, that our contract be extended through December 2022, and that the City Manager be authorized to increase our contract by up to $84,243 in the event that work on Task 3 is needed before 2023.
Thank you for the opportunity to present this proposal. GBS is prepared to make a commitment of time and treat this project as a priority. If you have any questions or would like any additional information, please do not hesitate to call me.
Gray-Bowen-Scott appreciates the opportunity to continue assisting the City of Hercules in the effort to secure full funding to construct the Regional Intermodal Transit Center (RITC) to bring new intercity rail and ferry service to Hercules.
Very truly yours,
Leo Scott
LSS/TKQB/ejm
Attachment: Scope of Work with BMWL separate scope
Key Staff Bios
Proposed Budget
cc: Matt Todd
Eric Zell
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 215
EXHIBIT A
CITY OF HERCULES
REGIONAL INTERMODAL TRANSIT CENTER (RITC) IN HERCULES
GRAY-BOWEN-SCOTT
SCOPE OF WORK
The Gray-Bowen-Scott Team (Consultant) shall provide the City the following services to support the delivery of the Hercules Regional Intermodal Transit Center (RITC) Project for the remainder of the 2022 calendar year (approximately 5 months). Services are defined in three tasks:
• Task 1 – Position the Project for Competitiveness
• Task 2 – Project Management & Controls
• Task 3 – Grants – Evaluate Opportunities, Complete Applications and Assist with Approvals [to be authorized by City Manager should the need arise before Dec. 31, 2022.] Consultant, along with subconsultants, shall provide services of each task as directed by the City’s Project Manager. Consultant will manage and provide oversight of their sub-consultants work and work products.
Task 1 - Position the Project for Competitiveness
Finalize the strategy to secure full funding of the Project • Synthesize all of the strategic input gathered thus far into a complete funding strategy. • Identify a Project Champion to help garner the support of key elected and appointed officials. • Prescribe actions necessary to increase the likelihood of securing funds from each target. • Develop key asks of elected officials and granting agencies for the project, garner their help in identifying specific sources of grant funds and define a mechanism to document tangible consensus on a conceptual funding strategy:
o CCTA Board Members
o MTC Commissioners
o State representatives
o State officials
o Federal officials
o Congressman Thompson
o Congressman DeSaulnier
o Congressman Garamendi
• Identify team members to serve as liaisons with key stakeholders and granting agencies such as WETA, CTC, and MTC. These liaisons would attend meetings to help position the Project and identify additional funding opportunities as they emerge.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 216
• Arrange periodic meetings with executive management of funding agencies and the City to facilitate joint decisions on policy-level issues such as funding strategies and programming options.
Strategic Guidance and Stakeholder Coordination (with Zell & Associates) • The Consultant team will conduct ongoing coordination with key stakeholders to brief them on the findings and recommendations resulting from past and current planning, technical, and engineering studies to foster and secure support for grant funding. As appropriate, Consultant will strategize with stakeholders to pursue grant funding opportunities consistent with the Plan.
Stakeholders will include groups such as community, business, and advocacy organizations as well as agency partners such as CCTA, WestCat, and WETA.
• This subtask includes regular meetings with City management staff to continually refine and strategize our ongoing work program and coordinate the implementation of our Outreach Plan.
Eric Zell, Zell & Associates, will lead all government relations and public affairs strategies and stakeholder engagement for the team.
Strategic Communications Program – Phase 1(with BMWL)
• Update and communicate messaging about the benefits and features of the Project. Residential units which are part of the City’s Transit Oriented Development have been constructed and/or are under construction. This includes creation of a new messaging guide and an update of all communications materials with information about the latest developments in the Project vicinity expressed to resonate best with the target audience. Messaging will target key stakeholders such as the elected officials of MTC, WestCat, WETA, Capitol Corridor, CCTA, and local, state, and federal officials to increase awareness of the project and its potential benefits.
Details of BMWL’s scope are attached of which just Phase 1 would be conducted under this amendment.
Task 1 5-month Deliverables
• Commitment from MTC on inclusion of Project into one or more funding programs • Documentation of funding strategy
Task 2 - Project Management and Controls
This task is focused on starting up leadership of the project’s delivery and preparing for the maintenance of such leadership through close out of the Project. Consultant will serve as the City’s Deputy Project Manager providing direct management of the City’s design consultant contract scope, cost, and schedule. Consultant will serve as the City’s extension of staff for project delivery issues with the City’s partners, stakeholders, and consultants as required and will keep the City’s Project Manager apprised of, and involved in, project progress and issues on a regular basis. The specific subtask include:
Contract Management
• Manage the design consultant contracts including review and approval of invoices and processing amendments as needed.
• Develop strategies to structure the construction contract documents and associated environmental re-evaluation to allow for phased construction based on availability of funds.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 217
• Establish a Contracting and Staffing Plan that indicates who will perform all different portions of the Project scope, when it will be done and the anticipated associated cost. • Support the City in addressing and complying with requirements imposed by Caltrans Audits and Investigations.
Project Meetings and Communication
• Develop an organization chart to define communications protocols and reinforce consistent messaging within the project team and to key stakeholders. • Arrange and facilitate meetings as needed to address project issues. • Lead and/or attend various project-specific meetings, including meeting preparation. • Report regularly to City on progress, issues, and resource needs. • Provide as-needed project status reports and funding reports. • Serve as the liaison between the project team and the City. • Serve as the primary liaison between the City and key stakeholders. • Work with the City to ensure public questions and concerns are addressed.
Project Execution and Issue Resolution
• Compile a thorough understanding of the project status including history of previous decisions, and discussions with key stakeholders.
• Provide leadership to the Project Team, including project vision, delivery goals and team decision-making protocols.
• Develop strategies to guide various project issues to resolution. • Work with railroad subconsultant to establish communication with UPRR and to resolve issues as they arise.
Project Controls
• Develop a risk register to identify, manage, and communicate project risks and mitigation strategies; implement selected mitigation measures.
• Compile an all-in (complete) Project Cost Estimate including escalation and risk contingency. • Compile and monitor all project expenditures against approved funded project budget. • Implement a project change management process and documentation. • Develop and manage a detailed project schedule. Document assumptions with respect to project schedule.
• Develop and track detailed project cost estimates and forecasts.
Detailed Funding Plan
• Develop and initiate implementation of a funding plan based upon the funding strategy which includes a plan to secure the local match for federal grants. Remind CCTA and leverage that Hercules voluntarily “returned” $5m in STIP funds several years ago when CTC needed to deprogram projects due to lack of State funds.
• Compile project grant requirements such as procurement limitations, timely use of funds deadlines, and invoice reporting (provided by Task 3).
• Optimize the use of the fund sources and address match requirements of various grants. • Review the terms of funding agreements and assign eligible items of work to various funds programmed to this project.
• Facilitate or participate in meetings with City’s funding partners to achieve consensus on proposed approach.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 218
• Manage efforts to secure grant funding.
Task 2 5-month Deliverables
• Contracting and Staffing Plan for delivery of the entire project • All-in cost estimate
• Risk register
• Cost monitoring report
• Funding plan showing target grants and the Project delivery schedule Task 3 – Grants – Monitor Opportunities, Complete Applications and Assist with Approvals Under this task, Consultant will support Client in working with Caltrans, Federal agencies (primarily Federal Highway Administration and Federal Transit Administration), CCTA, East Bay Regional Parks District, MTC, and the CTC to fully fund the Project consistent with the funding strategy (Task 1).
Monitor opportunities
• Gather background information and documents.
• Clarify and confirm deadlines and requirements for each grant. • Define the scope of technical and other studies or reports needed to support efforts to secure funding and necessary approvals.
Complete and submit grant applications
• Complete applications with help from other resources as appropriate. • Facilitate agency review and decision-making process.
Secure approvals
• Secure permission to expend funds, including preparation of programming, allocation, and other requests (i.e. extension requests if required to Caltrans and / or CTC). • Secure reimbursement of funds.
• Assist with preparation of documents required by FHWA, FTA, Caltrans, and CCTA. Following submittal of the package(s), Consultant will coordinate with the appropriate agencies such as Caltrans (including Local Assistance or Division of Rail, and at District and HQ levels) and FHWA to make sure requests are properly fulfilled.
Task 3 5-month Deliverables
• To be defined by Consultant when the need arises and then authorized by the City Manager consistent with authority delegated by City Council
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 219
To: Terry Bowen, Gray Bowen Scott
Eric Zell, Zell & Associates
From: BMWL
Date: June 21, 2022
Subject: Communications Program for Hercules RITC
OVERVIEW
Outlined below is a proposed communications plan for the City of Hercules to increase awareness and build support around the Regional Intermodal Transportation Center (RITC) project. The goal of this media program, in addition to growing overall awareness and support, is to clearly communicate about the latest project news, inform people of its impact on the community, and drive action. We will target key stakeholders such as the MTC, WestCat, WETA, Capitol Corridor, CCTA and local, state, and federal elected officials to increase awareness of the project and its potential benefits. We will also conduct outreach to the general public to drive awareness and build potential ridership.
MEDIA PLAN
This plan consists of two phases and utilizes a mix of traditional and digital media to maximize impact and budget. We will target known and likely supporters, use available demographic data wherever possible, follow behavioral trends, and utilize influencer lists that include key stakeholders and other decision makers as well as their direct networks (family members, friends, coworkers, etc.) to ensure they are seeing our communications.
Phase 1
During this phase, we will create a new messaging guide and update all communications materials with information about the latest developments in the RITC project and messaged in a way that will resonate best with our target audience, with a particular focus on housing. This will be accessible via electronic and printed collateral – brochures, flyers, etc. – and a website or simple landing page that people can navigate to when they’d like to learn more. We will optimize the website to drive sign ups and engagement, making it easy for people to learn more and provide their information. We will build a list of key decision makers to target during phase two.
During this phase, we will also produce new imagery including photography and videography of the site.
Phase 2
After we’ve updated all materials, we will work with the client and consulting team to develop a media and outreach plan for Phase 2. During Phase 2, we will ramp up our efforts to build awareness and support for the project. The first portion of this phase could target key decision makers, and the second portion could expand to the general public.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 220
Phase 2 outreach could include:
● Digital Advertising: Ads on Facebook, Instagram, Programmatic Display and Video (websites), OTT/CTV (streaming), and Google Search would ensure we are saturating opinion leaders, decision makers and their networks with our main messaging points wherever they are spending their time online.
● Direct Mail: We could send all key decision makers the brochure with key background information on the project and include the website as an opportunity for them to learn more. We could also send direct mail to a larger universe of potential riders, increasing awareness of the project and recruiting participation, including a tear-off reply card and directing readers to the website to take action.
● Text Survey: We could send a text message survey to the same larger universe of potential riders. This is a great way to talk one-on-one with people and is more likely to be seen than any other medium. We are able to increase awareness and easily direct them to our online petition.
BUDGET
Phase 1 Cost
Photography and Videography $2,500
Messaging Guide $0
Brochure Design $2,000
Fact Sheets $0
Website $5,000
Fee $7,500 per month
Phase 2
Direct Mail $50,000-$75,000
Digital Advertising $50,000-$75,000
Texting $5,000
Fee $7,500 per month
ABOUT BMWL
BMWL is a full-service advocacy, strategic communications and public affairs consultancy. Our disciplined research, message, organizing and government relations programs allow our clients to effectively tell their stories, influence decision-makers and win in the halls of government, at the ballot box and in the marketplace of ideas. We know how to tell a story well and effectively across multiple channels, including print, direct mail, websites and social media channels, your DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 221
website, and your partners’ websites and social media pages. With over 20 years of experience working in the Bay Area, and specifically on transportation projects and measures, we know your audience and your partners, and we know how to effectively leverage all your resources to help achieve your goals.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 222
GRAY-BOWEN-SCOTT STAFF BIOS
LEO SCOTT, Gray-Bowen-Scott
As President, Leo provides leadership to the company’s staff working in four disciplines: project and program management; grants applications and management; encroachment permits and Federal compliance; and transit management agency operations. He is developing and adding staff in each discipline, which in turn increases the ability of Gray-Bowen-Scott to provide solutions for current and new clients around the San Francisco Bay Area.
Concurrently, Leo leads several project teams consisting of clients, Caltrans, and other agency members to ensure the successful delivery of projects. He employs his 30-year history of relationships with Caltrans personnel and broad knowledge of Caltrans policy and procedures, transportation funding, and the political climate to assist the client. His strong listening ability and consensus-building skills keep diverse groups working together toward the common goal of delivered projects.
SHEENA PATEL, Gray-Bowen-Scott
Sheena has over 15 years of transportation design and management experience on projects in all delivery phases, ranging from design alternative analysis and feasibility studies through final PS&E and construction support. She has led projects that include components of pedestrian and bicycle facilities, state highways and local roads, freight rail, and commuter rail. While she is extremely knowledgeable of Caltrans’ methodology, she also enjoys the challenge of working on multi-modal projects with a variety of stakeholders with differing perspectives and priorities. Sheena holds a Master of Science degree in Civil Engineering/Transportation Engineering from the University of California, Berkeley.
TERESA BOWEN, Gray-Bowen-Scott
For over 40 years, Terry Bowen has helped over a hundred complex transportation and land development projects come to fruition. Utilizing collaborative partnerships with various stakeholders including her local government relationships, Terry helps her clients navigate “the system.” Whether she's securing approvals of environmental documents, right of way certifications, design plans, encroachment permits or obligating state or federal funds, Terry has spent decades developing respected relationships through trust and collaboration with Caltrans, FHWA, CTC and regional transportation agencies. Terry holds a Bachelor of Science in Civil Engineering from the University of California, Berkeley.
MATTHEW TODD, Gray-Bowen-Scott
With over 26 years in the industry, Matt has extensive experience and knowledge to fund and deliver projects. Prior to joining Gray-Bowen-Scott, Matt was the Manager of Programming at the Alameda County Transportation Commission (ACTC), where he helped program and coordinate transportation funding and assisted local agencies in delivering and managing complex projects and programs involving multiple stakeholders. Matt is well versed in today’s regulatory and political environment, which often requires navigation through a maze of state, regional, and local agencies. Matt holds a Bachelor of Science in Civil Engineering from the University of California, Davis.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 223
SUBCONSULTANT STAFF BIOS
ERIC ZELL, Zell and Associates
Eric is a specialist in public policy, governmental affairs and political strategy. He has over thirty years of experience achieving successful implementation of difficult and high profile state and local public policy issues including the passage of state environmental, education and energy legislation; the establishment of Contra Costa County's Transportation Sales Tax and Growth Management Program; gaining approvals for state-of-the-art energy facilities; and the passage of Contra Costa County's landmark Industrial Safety Ordinance. He has implemented public affairs and political campaigns on a variety of issues and for numerous candidates on the state and local levels as well as local ballot measures.
In 1991, Eric formed Zell & Associates, a highly respected government relations and public affairs consulting firm. Prior to forming his own company, Eric held the position of Vice President, Governmental Relations and Public Affairs, for William R. Gray and Company, a transportation consulting firm, for a period of four years. From 1980 through 1987, he served as local Chief-of-Staff to State Assemblyman Bob Campbell.
In addition, Eric is active in the local community, serving on the Board of Directors of the Contra Costa College Foundation and the East Bay Leadership Council. In 2010, he served as Finance Co-Chair of the East Bay Regional Park District's successful Measure WW bond measure campaign. From 2007-2016 he served as an elected member of the West Contra Costa Healthcare District Board of Directors.
He received his B.A. degree in political science from UCLA.
BOBBY WINSTON, Bay Crossings (subconsultant to Zell and Associates) Bobby Winston founded and ran the San Francisco Shakespeare Festival before joining a group advocating comprehensive regional ferry service that founded the Water Transit Authority (WTA), now WETA. He published ‘Bay Crossings’, the ferryrider’s newspaper, for 20 years and partners with working waterfront and community groups on initiatives including the ‘Working Waterfront Cohort’, training returning citizens for good paying jobs, and ‘Virtual Port’, a statewide collaborate aimed at digitizing port infrastructure to improve port congestion and emergency preparedness. He is also a property manager and investor who has been instrumental in bringing ferry service to Richmond.
JILL NELSON GOLUB, BMWL
Jill Nelson Golub is a leading expert in strategic communications, political campaigns and media strategy.
She utilizes her over two decades of experience and extensive project management skills to help BMWL clients create and execute innovative, winning strategies. Jill is well-known for her ability to provide key strategic counsel while also achieving real results for her clients.
Jill’s diverse background includes work in local government, electoral politics, policy research, strategic communications, new media and grassroots organizing. At BMWL, she has helped a wide variety of organizations and individuals achieve success, including the Contra Costa Transportation Authority, Jewish Community Relations Council, Google, Marin County Parks, Nike Women’s Marathon, San Diego Association of Governments, San Francisco Unified School District, Santa Clara County, Service Employees International Union and UCSF Medical Center. She also dedicates much of her time to training, supporting and running campaigns for women who are seeking public office.
Jill relocated to San Francisco from New York, where she gained extensive experience as a political strategist and senior government aide. She served as chief of staff for New York City Council Member David Yassky, as political director for Yassky’s campaign for New York City Comptroller, and as director of external Affairs for Manhattan Borough President Scott M. Stringer. Prior to that, Jill worked as a field DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 224
organizer on a variety of campaigns throughout New York State and as a researcher for the Democratic Party of Georgia. Jill has a degree in Political Science from Emory University in Atlanta, GA
JOHN WHITEHURST, BMWL
John has successfully led more than 200 public affairs, communications, and outreach campaigns over the last 30 years. As a chief strategist at BMWL and Partners, he has directed hard-fought victories for a wide range of clients in land use, healthcare, transportation, gaming, public infrastructure and education.
Known for managing programs with discipline and focus, John employs a variety of skills garnered from years of public affairs, issues, and political campaigns throughout the country. He is well-regarded for using high-impact techniques that move people to take action and help his clients win. John has been very successful in helping business, labor, and nonprofits achieve their government relations goals and has one of the best win records in the state. Through his work, John has developed relationships with key leaders in local, regional, state, and national government.
John has had a deep practice in health care, transportation, development, infrastructure, and education.
Prior to co-founding BMWL & Partners, John founded Whitehurst Campaigns in 1990 after working in several capacities in political consulting. His first professional political campaign was Gary Hart for President in 1984 where he learned to organize in Iowa, Pennsylvania, and California. John holds a bachelor’s degree in political science from The American University.
JON MARSHALL, JMA Civil
Jon Marshall is the Founder and Principal Engineer at JMA Civil and has more than 25 years of experience in railroad facility design, consulting, and general civil engineering. Jon has completed over 200 railroad projects in his career, most with UPRR and BNSF Railway. Additionally, he has led the CPUC coordination role for several dozen rail grade separation and at-grade crossing improvement projects.
His extensive experience includes designing projects and consulting for transit agencies including CAHSR, BART, Caltrain, Amtrak and VTA, and leading projects involving or impacting UPRR and BNSF Railway, especially in the Central Valley, Bay Area, and Northern Nevada.
Jon has managed projects through all stages of design, from analysis and planning to early concept and final design, through to construction support, with considerable cost estimating experience at each of these phases. Jon is also a polished public speaker. In 2017 and 2019, he was a main stage technical presenter at the American Railway Engineering and Maintenance of Way Association (AREMA) national conference where he addressed the innovative strategies and lessons learned from securing Union Pacific Railroad and BNSF shoofly approvals for the CA High-Speed Rail Program’s Construction Package 1 and 4. Jon holds a Bachelor of Science in Civil Engineering from the University of Waterloo. He is a qualified SWPP Developer /Practitioner (QSD/QSP).
ALLENE RIEGER, JMA Civil
Allene Rieger has over 20 years of experience in rail design, railroad coordination, drainage design, permitting, and site development on rail projects through all stages of design, from concept to final design, including construction support. She has worked on numerous Class 1 Railroad Main Line, Industry, and Intermodal Terminal projects for Union Pacific Railroad, BNSF, CSX, and Norfolk Southern Railway in design and leadership roles. Allene has also worked on various Commuter and Transit projects for Amtrak, CCJPA, and a wide range of transit agencies nationally. Allene’s varied experience allows her to be comfortable with addressing many challenges across the entire rail spectrum.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 225
Prior to joining the JMA team she was an Associate/AVP of TranSystems, a national transportation AEP firm, where she worked closely with Jon Marshall. During her 19 years with TranSystems, Allene worked on transit and freight railroad projects as a project manager, rail design lead, and project engineer.
Allene holds a Bachelor of Science in Civil Engineering from Virginia Polytechnic Institute & State University.
RYAN BISSEGGER, Mark Thomas and Company
Ryan has 17 years of experience in the engineering industry. He is Mark Thomas’ funding expert supporting local and regional agencies statewide. He is very knowledgeable of federal and state funding sources including the Senate Bill (SB 1) programs, Active Transportation Program (ATP), Highway Safety Improvement Program (HSIP), federal discretionary grant programs, and regional grant programs. He tracks the programs and is knowledgeable of call for project schedules. He has provided funding recommendations to agencies to pursue grant funds in order to implement improvements. His understanding of the funding programs is leveraged in the preparation of competitive grants. Over the past five years, Ryan has secured over $335 million in competitive funding. Ryan holds a Bachelor of Arts in International Business from Westminster College, and has completed training in Funding and Programming Transportation Projects in California, U.C. Berkeley Technology.
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 226
Attachment B
PAYMENT
<Attached prices/rates that will be used to determine payments to the Consultant in the following page(s)>
This page was intentionally left blank
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 227
FIRM:
Zell &
Associates
Mark
Thomas &
Associates
KEY STAFF:
Leo Scott,
Project Manager
Matt Todd,
Funding Support
Terry Bowen, Strategic
Outreach
Norma Ortega,
Industry Advisor
Sheena Patel, Project
Management Support
Erin Heltne,
Project Controls
Administrative
Support
Eric Zell,
Strategic Outreach
Partner
Senior Associate
Associate
John Marshall,
Principal Engineer
Allene Rieger,
Sr. Civil Engineer
Ryan Bissegger,
Funding Analyst
Rates ($/hr) 425.00 330.00 425.00 425.00 300.00 265.00 160.00 425.00 360.00 150.00 120.00 336.00 240.00 289.00 MILESTONES/TASKS: Hrs HrsTask 1 Position the Project for Competitiveness Task 1.1 Finalize the Funding Strategy 30.00 15.00 10.00 5.00 10.00 Task 1.2 Strategic Guidance and Stakeholder Coordination 50.00 45.00 10.00 500$ 88.00 Task 1.3 Strategic Communications Program ‐ Phase 1 (BMWL) 75.00 50.00 25.00 9,500 $ TASK 1 TOTAL HOURS 0.00 80.00 60.00 10.00 5.00 0.00 20.00 175.00 88.00 75.00 50.00 25.00 150.00 0.00 0.00 0.00 0.00 413.00 TASK 1 COST $ ‐ $ 26,400 $ 25,500 $ 4,250 $ 1,500 $ ‐ $ 3,200 500$ $ 61,350 $ 37,400 $ 27,000 $ 7,500 $ 3,000 $ 9,500 $ 47,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 145,750 Task 2 Project Management & ControlsTask 2.1 Contract Management 16.00 0.00 0.00 0.00 46.00 0.00 46.00 $ ‐ 0.00 0.00Task 2.2 Project Meetings & Communication 63.00 20.00 0.00 0.00 97.00 20.00 34.00 500$ 0.00 0.00Task 2.3 Project Execution and Issue Resolution 42.00 0.00 0.00 0.00 114.00 0.00 0.00 $ ‐ 30.00 40.00 Task 2.4 Project Controls 16.00 0.00 0.00 0.00 33.00 73.00 21.00 $ ‐ 0.00 0.00 Task 2.5 Detailed Funding Plan 4.00 7.00 0.00 0.00 30.00 28.00 72.00 $ ‐ 0.00 0.00 TASK 2 TOTAL HOURS 141.00 27.00 0.00 0.00 320.00 121.00 173.00 782.00 0.00 0.00 0.00 0.00 0.00 30.00 40.00 70.00 0.00 852.00 TASK 2 COST $ 59,925 $ 8,910 $ ‐ $ ‐ $ 96,000 $ 32,065 $ 27,680 500$ $ 225,080 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 10,080 $ 9,600 $ 19,680 $ ‐ $ 244,760 Task 3 Grants – Monitor Opportunities, Complete Grant Applications and Assist with Coordination, Processing and Approvals with Funding Partners and Stakeholders Task 3.1 Monitor Grant funding Opportunities 10.00 40.00 Task 3.2 Review Grant funding opportunities with City 2.00 4.00 7.00Task 3.3 Complete grant applications (1 if required; effort TBD) 40.00 15.00 10.00 120.00Task 3.4 Complete grant applications (1 if required; effort TBD) (Mark Thomas) 102.00
Task 3.5 Secure Approvals (post grant approval actions) TASK 3 TOTAL HOURS 2.00 54.00 15.00 0.00 10.00 0.00 167.00 248.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 102.00 350.00 TASK 3 COST $ 850 $ 17,820 $ 6,375 $ ‐ $ 3,000 $ ‐ $ 26,720 $ ‐ $ 54,765 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 29,478 $ 84,243 Total Hours 143.00 161.00 75.00 10.00 335.00 121.00 360.00 1205.00 88.00 75.00 50.00 25.00 150.00 30.00 40.00 70.00 102.00 1615.00 Total Cost $ 60,775 $ 53,130 $ 31,875 $ 4,250 $ 100,500 $ 32,065 $ 57,600 1,000$ $ 341,195 $ 37,400 $ 27,000 $ 7,500 $ 3,000 $ 9,500 $ 47,000 $ 10,080 $ 9,600 $ 19,680 $ 29,478 $ 474,753 GRAY‐BOWEN‐SCOTT
City of Hercules Regional Intermodal Transit Center
CONSULTANT SERVICES
COST PROPOSAL
Gray‐Bowen‐Scott BMWL JMA Civil
TEAM TOTAL
Hrs
Gray Bowen Scott
Other
Totals
Direct Costs
Other Direct Costs Hrs
BMWL
Totals
JMA Civil Hrs
Totals
Hercules RITC - 2022 GBS Cost Estimate_2022-07-26.xlsx
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 228
CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of this Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.
I have read Hercules Ordinance Number 486 and certify that I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 486.
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Mike Roberts 510-799-8200
Agreement No. 22-040
Resolution No.________
Public Works RITC Project Funding
X
Gray Bowen Scott (GBS) 925-937-0980
1211 Newell Ave, Suite 200 Walnut Creek CA 94596
X
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 7/29/2022
Leo Scott President
229
CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name __
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, professional or other services to contractors who are not in compliance with the equal pay requirements of the California Equal Pay Act.. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person or contractor not in compliance with the California Equal Pay Act, is regarded as a violation of this Section.
I have read Hercules Ordinance Number 534 and certify that I/we have not in the past 5 years been found to be in violation of the California Equal pay Act, and I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 534 .
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Mike Roberts 510-799-8200
Agreement No. 22-040
Resolution No. __________
Public Works RITC Project Funding
X
Gray Bowen Scott (GBS) 925-937-0980
1211 Newell AVe, Suite 200 Walnut Creek CA 94596
X
DocuSign Envelope ID: 61595FEE-AAFE-4996-9762-24429D5EBF81 Leo Scott
7/29/2022
President
230
CITY OF HERCULES
SOLE SOURCE/BRAND REQUEST
THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY SOLE SOURCE PURCHASE When a request is made for a non-competitive purchase of goods or services and the specification or special circumstances limit the bidding to one source and/or one brand or trade name, the requesting department must complete this form for City Manager approval. Please answer in the space provided, or in an attachment address by specific reference, each question listed below (1-5) in your justification. Be sure to answer each part of each question. Failure to respond fully to any of the questions could result in delay or rejection of your request due to inadequate justification.
1. Using appropriate detail, such as brand name, model number etc., briefly describe the product you wish to purchase. In the case of a service use enough detail to clearly describe to someone not familiar with the process what you are purchasing. Sole source consulting contract with Gray Bowen Scott (GBS) to advance the Regional Intermodal Transit Center (RITC) for grant funding and project readiness.
2. Please check one:
a. X_ SOLE SOURCE: Item is available from one source only. Item is one-of-a kind and is not sold through distributors. Manufacturer is exclusive distributor. Special circumstances merit consideration of sole source to save money and/or time. b. ___ SOLE BRAND: Various sources can supply the specified model and brand; competitive bids will be solicited for the requested brand only. Meets form, fit and function - nothing else will do.
c. ____ STANDARDIZATION REQUEST: The Department requires the item to standardize parts, design, quality etc. (This requires a detailed memo with analysis and justification.)
3. What are the unique performance features of the product, brand or service requested that are not available in any other product, brand or service? (For services: What unique qualifications, rights, and/or licenses does this vendor possess?) GBS has experience providing strategic guidance on grants and government affairs for the RITC since 2012.
4. (a) Why are the unique performance features REQUIRED (not merely preferred), and how would your requirement be inhibited without this particular service/item? OR (b) What are the unique circumstances that COMPEL (not merely make easier) the recommendation of this service/item at this particular time? To date $46M in grant funding has been programmed for the RITC. An additional $70M is needed to build the infrastructure necessary for a train to stop. There is a unique window of opportunity over the next 5 months to pursue grant funding for the RITC as an unprecedented amount of federal and state grant funding for pandemic relief, economic stimulus, and infrastructure investment is becoming available on a Agreement No. 22-040
Resolution No. _________
DocuSign Envelope ID: 90ADAD17-4CF1-4677-AB66-F7448841A11B 231
Sole Source Form Page 2
competitive basis. GBS is the only consultant with the experience needed to best position the City to receive grant funding and there is insufficient staff resources for this intensive effort.
5. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, and telephone number of the company representative who’s product you tested.) While there are other consultants that could be used, they do not have experience with the RITC including past and future funding sources and grants; detailed knowledge of the project complexities; and historical project-related relationships with local, regional, state, and federal agencies and elected officials.
6. If justification is based on matching and/or intermixing with existing equipment (refer to 1.c.), list the quantity, manufacturer, brand, and model of the existing equipment, and why the matching is required not simply preferred.
I HEREBY CERTIFY THAT:
1. I am an approved department representative, and am aware of the City's requirements for competitive bidding, as well as the criteria for justification for sole source/brand purchasing.
2. I have gathered the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.
3. The information contained herein justifying my request for sole source/brand purchasing and is valid in regard to meeting the City's criteria.
4. I believe that a sole source/brand purchase in this case would withstand a possible audit or a vendor's protest.
DEPT. HEAD/ DIRECTOR: ___________ DATE: ___________
FINANCE DIRECTOR: ___________
APPROVED/NOT APPROVED: DATE: ___________
COMMENTS:
BY: ________________________________________
FINAL APPROVAL DATE: ___________
______________________________ ______________________________ City Manager City Council
(Up To $50,000.00) (Over $50,000.00)
DocuSign Envelope ID: 90ADAD17-4CF1-4677-AB66-F7448841A11B 8/1/2022 Michael Roberts
Edwin Gato
8/1/2022 APPROVED
232
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Award of a Construction Contract for the Sycamore Avenue Pavement Rehabilitation Project
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute a construction contract with McGuire & Hester in the amount of $925,400 for the Sycamore Avenue Pavement Rehabilitation Project, authorizing an additional expenditure of up to $92,540 for a 10% contingency on said construction contract, for a total not to exceed contract amount of $1,017,940.
FISCAL IMPACT OF RECOMMENDATION:
The proposed budget for the Sycamore Avenue Pavement Rehabilitation Project is as follows:
Revenues:
One Bay Area Grant (OBAG) $492,000
Gas Tax/SB1 Fund $425,940
FY 20-21 Solid Waste Funds to Mitigate Garbage Truck Impacts $100,000 Total Revenue $1,017,940
Expenditures:
Construction Contract $925,400
10% Contingency $92,540
Total Expenditures $1,017,940
DISCUSSION:
The Sycamore Avenue Pavement Rehabilitation Project was advertised for bids in the West County Times on June 13 & 20, 2022 and in 4 regional plan rooms. A total of 7 bids were received at the bid opening deadline of 2pm on Monday, July 18, 2022. Upon opening and reviewing the 7 bids received, McGuire & Hester submitted the low bid in the amount of $925,400, which was determined to be responsive.
233
NO Bidder's Name Bid Proposal
1 MCGUIRE & HESTER $ 925,400.00
2 REDGWICK CONSTRUCTION CO. $ 1,014,056.90
3 RADIUS EARTHWORK, INC. $ 1,052,700.00
4 OC JONES & SONS, INC. $ 1,078,628.80
5 JV LUCAS PAVING, INC. $ 1,187,436.24
6 BAY CITIES PAVING & GRANDING, INC. $ 1,214,154.00
7 GHILOTTI BROTHERS, INC. $ 1,229,806.43
McGuire & Hester is based in Alameda, has been in business 95 years, and have extensive experience with public works projects including paving. In Hercules, they recently completed the 2021 Turquoise Pavement Rehabilitation Project.
This project will repair and overlay 0.5 miles segment of Sycamore Avenue from Civic Drive at Police Station Driveway to Palm Avenue. The work includes replacing curb ramps to meet current ADA requirements, adjusting utility frames and lids to grade, installation of pavement striping and reinstalling survey monuments.
Construction is anticipated to take place in September and October. Following the award of the construction contract, staff will meet with the contractor to firm up the schedule.
ATTACHMENTS:
1. Resolution
2. Sycamore Ave – Location Map Location Map
234
Financial Impact
Description: Expenditure amount not to exceed $1,017,940 – Project #63047 Funding Source:
One Bay Area Grant $492,000
Fund No. 295-5970-641-03-00
Gas Tax/SB1 Fund $425,940
Fund No. 262-5432-642-05-20
Solid Waste Funds to Mitigate Garbage Truck Impacts
Fund No. 291-5510-643.20-00 $100,000
Budget Recap:
Total Estimated cost: $1,017,940 New Revenue: $
Amount Budgeted: $1,017,940 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
235
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH MCGUIRE & HESTER IN THE AMOUNT OF $925,400 FOR THE SYCAMORE AVENUE PAVEMENT REHABILITATION PROJECT, AUTHORIZING AN ADDITIONAL EXPENDITURE OF UP TO $92,540 FOR A 10%
CONTINGENCY ON SAID CONSTRUCTION CONTRACT, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $1,017,940
WHEREAS, the Sycamore Avenue Pavement Rehabilitation Project was advertised for bids in the West County Times on June 13 & 20, 20212 and in 4 regional plan rooms; and WHEREAS, a total of 7 bids were received at the bid opening deadline of 2pm on Monday, July 18 and upon opening and reviewing the 7 bids received, McGuire & Hester submitted the low bid in the amount of $925,400; and
WHEREAS, McGuire & Hester has been determined to be a responsible bidder and their bid has been determined to be responsive; and
WHEREAS, there is sufficient funding in the Adopted FY 2022-23 Budget to fully fund the construction contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby adopts a resolution authorizing the City Manager to execute a construction contract with McGuire & Hester in the amount of $925,400 for the Sycamore Avenue Pavement Rehabilitation Project, authorizing an additional expenditure of up to $92,540 for a 10% contingency on said construction contract, for a total not to exceed contract amount of $1,017,940.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9th day of August 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
Lauren Berges, City Clerk
236
© 2021 Digital Map Products. All rights reserved.
350 feet
STREET REHABILITATION PROJECT- SYCAMORE AVENUE
237
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: The Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer SUBJECT: FY 22-23 Capital Improvement Program Update
RECOMMENDATION:
Receive presentation, discuss, and provide direction if any.
FISCAL IMPACT OF RECOMMENDATION:
There is no financial impact associated with this recommendation.
DISCUSSION:
This Capital Improvement Program update is being made to ensure the Council and community are informed of the current status and future plans for capital improvement projects in Hercules.
The FY 22-23 Program includes 25 projects totaling approximately $18.3M that are organized under the 5 functional areas of Streets, Sewer, Buildings & Facilities, Parks, and Regional Intermodal Transportation Center (RITC).
The update will highlight the following projects:
Streets – Sycamore Avenue Rehabilitation Project, Annual Safe Sidewalk Program, Willow Avenue Sidewalk Project, Village Parkway Traffic Calming, One Bay Area Grant Application Projects.
Sewer – Sycamore Avenue Lower and Upper Sewer Trunk Main Projects.
Buildings & Facilities – Master Plan, Community Center Gym Floor Repair & Fence Replacement.
Parks – Master Plan, Baywood Tree Replacement, Beechnut Park, Victoria Linear Park Project, Children with Disabilities Swingset.
RITC – Path To Transit Project Conservation Easement & Environmental Monitoring, Utility Relocation Phase, Consultant Contract to Advance the Project for Grant Funding.
The full Capital Improvement Program is attached (Att #2) and staff would be pleased to respond to any questions regarding projects in the Program that are not in the presentation.
ATTACHMENTS:
Attachment 1 –Capital Improvement Update Presentation
238
Attachment 2 – FY 22/23 Capital Improvement Program
239
Capital Improvement Program Update
Fiscal Year 2022-2023
August 9, 2022
240
Capital Improvements Presentation Summary
• Streets
• Sewer
• Buildings & Facilities
• Parks
• Regional Intermodal Transportation Center (RITC)
241
Pavement Management
Survey
Streets
242
Streets
243
Sycamore Avenue Rehabilitation Project
Streets
244
Streets
• Annual Sidewalk
Repair Program
• Sidewalks For All
Users
• Willow Ave
Sidewalk Project
245
Village Parkway Traffic Calming
Streets
246
Streets
Countywide Signal Upgrade Project
OBAG – 3 Project (One Bay Area Grant)
247
Sewer Master Plan
248
Sewer
249
Sewer
Sycamore Ave (Lower Trunk Main)
250
Building Facilities Plan
Coming Spring 2023
251
Building Facilities
• Community Swim
Center Gym Floor
Replacement
• Community Swim
Center Safety Fence
Replacement
• ADA Assessment
Improvement
252
Parks Master Plan
Coming Spring 2023
253
Parks
• Children with
Disabilities Swing Set
• ADA Assessment
254
Parks
• Baywood Tree Replacement
• Beechnut Park
• Victoria Linear Park
255
Regional Intermodal Transportation Center (RITC)
• Path To Transit –
Conservation Easement
• Environmental Monitoring
• Utility Relocation
• Consultant Contract to Advance the
Regional Intermodal Transit Center
for Grant Funding
256
Thank you!
Questions?
Mike Roberts, PE
Public Works Director/City Engineer
Tel. (510 )799-8241
E-mail : [email protected]
257
Project Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection State Gas Tax $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Measure J Return to Source $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 State Gas Tax $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Measure J Return to Source $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 State Gas Tax $ - $ - $ 700,000.00 $ 700,000.00 $ 700,000.00 $ 700,000.00 $ - $ 2,800,000.00 Measure J Return to Source $ - $ - $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ - $ 600,000.00 Solid Waste $ - $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ - $ 500,000.00 San Pablo Sidewalk (Future -
Unfunded) Unfunded $ - $ - $ - $ - $ - $ - $ 660,000.00 $ 660,000.00 John Muir Parkway Sidewalk (Future -
Unfunded) Unfunded $ - $ - $ - $ - $ - $ - $ 100,000.00 $ 100,000.00 ADA Transition Plan Implementation State Gas Tax Fund- 262 $ 15,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 140,000.00 Sidewalk and Safe Walkways General Fund $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 Village Parkway Traffic Calming General Fund $ 100,000.00 $ 22,000.00 $ - $ - $ - $ - $ - $ 122,000.00 Total $ 215,000 $ 247,000 $ 1,075,000 $ 1,075,000 $ 1,075,000 $ 1,075,000 $ 760,000 $ 5,522,000.00 2021 Annual Street Rehabilitation
Project - Turquoise & Future Years
Annual Restriping Project
City of Hercules
Streets CIP Summary
Annual Sidewalk Repair Program
258
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 250,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ 65,000.00
Equipment: $ -
Contingency: $ -
Total: $ 65,000.00
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed State Gas Tax Fund- 262 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Measure J Fund- 263 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Adjustment $ - $ - $ - $ - $ - $ -
Total $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 250,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Annual Sidewalk Repair Program
Repair public sidewalks throughout the City on an as-needed basis.
This work improves safety for pedestrians and reduces liability. 259
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 250,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed State Gas Tax Fund- 262 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Measure J Fund- 263 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Adjustment $ - $ - $ - $ - $ - $ -
Total $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 250,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Annual Restriping Project
This project restripes markings and striping on public streets including stop bars, stop legends, crosswalks, lane lines, centerlines, red cubs, etc.
Annual upkeep of markings and striping is needed.
260
Project Number: 63046
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 3,900,000.00
Planning and Design:
Construction Management
Construction:
Equipment:
Contingency:
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed State Gas Tax Fund- 262 $ - $ - $ 700,000.00 $ 700,000.00 $ 700,000.00 $ 700,000.00 $ - $ 2,800,000.00 Measure J Fund- 263 $ - $ - $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ - $ 600,000.00 Solid Waste Fund $ - $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ - $ 500,000.00 Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 100,000 $ 950,000 $ 950,000 $ 950,000 $ 950,000 $ - $ 3,900,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
2021 Annual Street Rehabilitation Project - Turquoise & Future Years Rehabilitate Turquoise Avenue from Cinnabar Way to Obsidian Way including in-place asphalt recycling. The project includes traffic calming with striping.
This section of Turquoise is in very poor condition and along a downhill, wide section of road with curves. It is on a route to school. Rehabilitation the street will also allow new striping to be applied. 261
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 660,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ - $ - $ - $ - $ 660,000.00 $ 660,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ - $ 660,000.00 $ 660,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
San Pablo Sidewalk
Install sidewalk on the north side of San Pablo from Sycamore Avenue to John Muir Parkway.
This project will provide connectivity to the signal at Market Place into the new Safeway center. 262
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 100,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ - $ - $ - $ - $ 100,000.00 $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ - $ 100,000 $ 100,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
John Muir Parkway Sidewalk
Future Grant Funded Project
263
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 140,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Fund $ 15,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 140,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ - $ 140,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
ADA Transition Plan Implementation
To be determined improvements to sidewalks, curb ramps, and traffic signals in accordance with the ADA selfassessment.
This work is part of the ADA Transition Plan which is a federal requirement. 264
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 100,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 100,000 $ - $ - $ - $ - $ - $ - $ 100,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Sidewalk and Safe Walkways
Repair public sidewalks and walkways using ARPA/General Funds. 265
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 122,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Fund $ 100,000.00 $ 22,000.00 $ - $ - $ - $ - $ - $ 122,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 100,000 $ 22,000 $ - $ - $ - $ - $ - $ 122,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Village Parkway Traffic Calming
For FY 21-22 complete Village Parkway Traffic Calming per City Council Decsion Package. For FY 22-23, add 2 pilot project speed bumps for $22,000.
Traffic calming striping and signage help slow automobiles down, but vertical deflection devices can be more effective. This would be on a pilot project basis to see if speed bumps would be effective in other areas of the city too.
266
Project
Funding
Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Inspect & Repair Sewer Sewer $ - $ - $ - $ 700,000.00 $ - $ - $ - $ 700,000.00 Sycamore Ave (Lower Trunk Main) Sewer $ 13,700,000.00 $ 751,000.00 $ - $ - $ - $ - $ - $ 14,451,000.00 Sycamore Ave (Upper Truck Main) Sewer $ - $ 100,000.00 $ 400,000.00 $ 4,078,000.00 $ - $ - $ - $ 4,578,000.00 Promenade Lift Station Sewer $ - $ - $ 100,000.00 $ 867,000.00 $ - $ - $ - $ 967,000.00 SR-4 & Along Willow Ave. Sewer $ - $ - $ 100,000.00 $ 230,000.00 $ 800,000.00 $ - $ - $ 1,130,000.00 Total $ 13,700,000 $ 851,000 $ 600,000 $ 5,875,000 $ 800,000 $ - $ - $ 21,826,000.00 City of Hercules
Sewer CIP Summary
267
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 700,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2047 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Sewer Fund - 420 $ - $ - $ - $ 700,000.00 $ - $ - $ - $ 700,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ 700,000 $ - $ - $ - $ 700,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Inspect & Repair Sewer (System Infiltration & Inflow SSMP) Clean and video inspect sewer mains sewer mainlines throughout the City and repair/replace as needed.
The work is included in the City's Sanitary Sewer Management Plan and required by the Regional Water Quality Control Board. Infiltration and inflow of groundwater into the mains increases the inflow into the Waste Water Treatment Plant.
268
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 14,451,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2047 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Sewer Fund - 420 $ 13,700,000.00 $ 751,000.00 $ - $ - $ - $ - $ - $ 14,451,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 13,700,000 $ 751,000 $ - $ - $ - $ - $ - $ 14,451,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Sycamore Ave (Lower Trunk Main)
Replace 5,500 ft. of the City's primary 24-inch truck sewer main beginning at Duck Pond Park and ending at the influent intake to the Waste Water Treatment Plant in Pinole.
The trunk sewer, which was constructed in 1972 and has served its useful life, needs to be increased in size to a 30 -inch pipe to convey the in increased flows associated with build-out of the City. 269
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 4,578,000.00
Planning and Design: $ 400,000.00
Construction Management $ -
Construction: $ 4,078,000.00
Equipment: $ -
Contingency: $ -
Total: $ 4,478,000.00
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2047 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Sewer Fund - 420 $ - $ 100,000.00 $ 400,000.00 $ 4,078,000.00 $ - $ - $ - $ 4,578,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 100,000 $ 400,000 $ 4,078,000 $ - $ - $ - $ 4,578,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Sycamore Ave (Upper Truck Main)
Upsize 1,446 ft. of 20-inch Gravity main to 24-inch gravity main and 1,956 ft. of 20 and 24-inch gravity main to 27-inch gravity main along sycamore Ave. The extent of this project goes from Highway 80 on the upstream end to the convergence of the trunk sewer industrial LS Force main on the downstream end.
270
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 967,000.00
Planning and Design: $ 100,000.00
Construction Management $ -
Construction: $ 867,000.00
Equipment: $ -
Contingency: $ -
Total: $ 967,000.00
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2047 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Sewer Fund - 420 $ - $ - $ 100,000.00 $ 867,000.00 $ - $ - $ - $ 967,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ 100,000 $ 867,000 $ - $ - $ - $ 967,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Promenade Lift Station
As part of the Bay Front Development Project, the Promenade Lift Station will be taken off-line and bypassed using gravity piping. The Project includes decommissioning the Promenade Lift Station and installing 1,1200 feet of 12-inch diameter gravity main. 271
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 1,130,000.00
Planning and Design: $ 250,000.00
Construction Management $ -
Construction: $ 1,250,000.00
Equipment: $ -
Contingency: $ -
Total: $ 1,500,000.00
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2047 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Sewer Fund - 420 $ - $ - $ 100,000.00 $ 230,000.00 $ 800,000.00 $ - $ - $ 1,130,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ 100,000 $ 230,000 $ 800,000 $ - $ - $ 1,130,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Repair/ Replace Sewer Lines under SR-4 & Along Willow Ave.
Replace existing main under SR-4 between Willow and Foxboro and 2 sections of main along Willow near Sycamore.
Prior cleaning/video inspection has determined the pipes are in poor condition and should be repaired.
Additional analysis during design will determine extent of repair, which appears to be full replacement. 272
Project Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Police Development
Impact Fee $ - $ - $ 550,000.00 $ - $ - $ - $ - $ 550,000.00 General Fund (Decsion
Package FY 21-22) $ 100,000.00 $ 60,000.00 $ - $ - $ - $ - $ - $ 60,000.00 Corporation Yard Landscaping General Fund $ 62,000.00 $ - $ - $ - $ - $ - $ - $ - Building Facilites Plan General / ARPA Fund $ - $ 75,000.00 $ - $ - $ - $ - $ - $ 75,000.00 ADA Assessment Improvement Facility Fund $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 Total $ 162,000 $ 160,000 $ 575,000 $ 25,000 $ 25,000 $ 25,000 $ - $ 810,000.00 City of Hercules
Facilities CIP Summary
Police Dept. Expansion
273
Project Number: BDP#22-3
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 710,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Police Development Impact Fee $ - $ - $ 550,000.00 $ - $ - $ - $ - $ 550,000.00 General Fund (Decsion
Package FY 21-22) $ 100,000.00 $ 60,000.00 $ - $ - $ - $ - $ - $ 160,000.00 Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 100,000 $ 60,000 $ 550,000 $ - $ - $ - $ - $ 710,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Police Dept. Expansion
The Locker room and restrooms used by the Police Staff are in greatly deteriorated condition as they are utilized 24 hours a day/seven days a week. In addition, as our Police staffing has become more diverse with more female officers, space needs to be reallocated to accommodate this shift. A remodel and upgrade of the locker rooms and restrooms was evaluated last year but was not feasible. The project would remake the decrepit abandoned modular building in front of City Hall and replace them for police lockers, Including private restrooms and showers, and potentially a workout/Training area.
The existing facilities are two small and in poor condition. The new facilities will allow for increased diversity and inclusion
274
Project Number: BDP#22-4
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 62,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Fund $ 62,000.00 $ - $ - $ - $ - $ - $ - $ 62,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 62,000 $ - $ - $ - $ - $ - $ - $ 62,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Corporation Yard Landscaping
Visually Screening the Corporation Yard with vegetation along the north and west fence lines parallel to Willet and sycamore respectively would cost apporximately $62K. This work would include connecting to the existing water line, installing a back flow, connecting to existing electricity, installing an irrigation controller, irrigation piping and bubblers, soil prep, and planting 5-gallon shrubs. The shrubs would need approximately 3 to 5 years grow large enough to visually screen the Corp Yard. As measure, fabric similar to the existing material could be installed.
275
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 75,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General / ARPA Fund $ - $ 75,000.00 $ - $ - $ - $ - $ - $ 75,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 75,000 $ - $ - $ - $ - $ - $ 75,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Building Facilities Plan
The Building Facilities Plan will assess the condition of all city-owned facilities and developed a prioritized schedule of needed maintenance and repairs.
The average age of City facilities is approximately30 years old. A proactive approach versus pays as you go is needed to ensure they are properly maintained.
276
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 125,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Facility Fund $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 125,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2021-22 through 2025-26
ADA Assessment Improvement
Assess all city-owned building facilities for ADA accessibility.
Periodic assessment is required by law
277
Project Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Refugio Valley Lake Dredging LLAD 83-2 Zone 10 $ 50,000.00 $ - $ - $ - $ - $ - $ 650,000.00 $ 50,000.00 Refugio Park Retaining Wall LLAD 83-2 Zone 10 $ - $ - $ - $ - $ - $ - $ 250,000.00 $ - Baywood Tree Replacement Baywood LLAD No. 2004-1 $ 162,000.00 $ - $ - $ - $ - $ - $ - $ 162,000.00 Trash Cans Replacement LLAD 83-2 Zone 10 $ - $ - $ - $ - $ - $ - $ - $ - Parks Master Plan General Funds $ - $ 150,000.00 TBD $ - $ - $ - $ - $ 150,000.00 WW Grant Funds $ 60,000.00 $ - $ - $ - $ - $ - $ - $ 60,000.00 Prop. 64 Grant Funds $ 194,000.00 $ - $ - $ - $ - $ - $ - $ 194,000.00 Victoria Linear Park Victoria LLAD No. 2002-1 $ 50,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 Children With Disabilities Swingset General Funds $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 Refugio Tennis Court Tree
Maintenance General Funds $ 6,000.00 $ - $ - $ - $ - $ - $ - $ 6,000.00 ADA Assessment LLAD 83-2 Zone 10 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 100,000.00 Community Swim Center Safety
Fence Replacement General Funds $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 Community Swim Center Gym Floor
Replacement & Misc Other General Funds $ 250,000.00 $ - $ - $ - $ - $ - $ - $ 250,000.00 Replace the Community Pool Diving
Board General Funds $ 12,000.00 $ - $ - $ - $ - $ - $ - $ 12,000.00 Victoria By The Bay - Refurbish
Gazzebo & Railing Victoria LLAD No. 2002-1 $ - $ 55,000.00 $ - $ - $ - $ - $ - $ 55,000.00 Ohlone Dog Park Tree Removal &
Pruning LLAD 83-2 Zone 10 $ - $ 85,000.00 $ - $ - $ - $ - $ - $ 85,000.00 Tree Planting & Removal Open
Space LLAD 83-2 Zone 10 $ - $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ - $ 200,000.00 Aerator Reugio Valley Parks LLAD 83-2 Zone 10 $ - $ 60,000.00 $ - $ - $ - $ - $ - $ 60,000.00 Total $ 984,000 $ 425,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 900,000 $ 1,634,000 City of Hercules
Parks and Open Space CIP Summary
Beechnut Park
278
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 700,000.00
Planning and Design: $ -
Construction Management $ 700,000.00
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ 700,000.00
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 Funds $ 50,000.00 $ - $ - $ - $ - $ - $ 650,000.00 $ 700,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 50,000 $ - $ - $ - $ - $ - $ 650,000 $ 700,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Refugio Valley Lake Dredging
Dredge Refugio Lake
Silt has filled up the lake in several locations and needs to be removed. Alternative dredging methods need to be explored given removing and disposing of all the silt at one time was estimated to cost $750K-$1M. 279
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 250,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 Funds $ - $ - $ - $ - $ - $ - $ 250,000.00 $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ - $ 250,000 $ 250,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Refugio Park Retaining Wall
Repair Retaining Wall at North End of Lake
Retaining wall is leaning towards the lake, one section had to be removed and an interim wood railing was installed.
280
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 162,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Baywood LLAD No. 2004-1 $ 162,000.00 $ - $ - $ - $ - $ - $ - $ 162,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 162,000 $ - $ - $ - $ - $ - $ - $ 162,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Baywood Tree Replacement
Replace Approximately 33 Trees in Baywood
Sycamore Trees are raising sidewalks, damaging irrigation, and creating uneven planter strip between parked cars and access to sidewalk. All the trees are to be removed and replaced at one time. Work includes repacing the turf, irrigation system, and grinding the roots.
281
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ -
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 Funds $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ - $ - $ -
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Trash Cans Replacement
Replace trash cans in City Parks.
Existing trash cans don’t keep the rain out, are falling apart, and unsightly. 282
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 150,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General / ARPA Fund $ - $ 150,000.00 TBD $ - $ - $ - $ - $ 150,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 150,000 $ - $ - $ - $ - $ - $ 150,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Parks Master Plan
The City's parks have been maintained on a pay as you go basis for the pas t decade. Additionally, requests to repair facilities or construct new facilities are received every year.
Long-term planning and budgeting are needed to proactively maintain the City's parks. Additionally, ARPA funding could be used for new facilities as well, which would benefit from public outreach to better understand the community's priorities.
283
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 254,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Eastbay Regional Park
District WW Grant Funds $ 60,000.00 $ - $ - $ - $ - $ - $ - $ 60,000.00 Prop. 64 Grant Funds $ 194,000.00 $ - $ - $ - $ - $ - $ - $ 194,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 254,000 $ - $ - $ - $ - $ - $ - $ 254,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Beechnut Park
Enhance Beechnut Park with grant funding. Improvements TBD and could include half play court with basketball hoop, play structures, picnic area, and turf play area.
Beechnut Park is the most in need of enhancing and the cost for such work is close to the available grant funding.
284
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 50,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD No. 2002-1 Funds $ 50,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 50,000 $ - $ - $ - $ - $ - $ - $ 50,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Victoria Linear Park
Tree Removal/Replacement in Victoria Linear Park.
Trees are encroaching onto and damaging adjacent private property. 285
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 100,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 100,000 $ - $ - $ - $ - $ - $ - $ 100,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Children With Disabilities Swingset
Install a swing set for children with disabilities in Refugio Park. 286
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 6,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds 6,000.00$ $ - $ - $ - $ - $ - $ - $ 6,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 6,000 $ - $ - $ - $ - $ - $ - $ 6,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Refugio Tennis Court Tree Maintenance
The tennis courts are surrounded by Eucalyptus trees that need occasional pruning and sometimes removal because of the nature of the tree (top-heavy and shallow-rooted). Some of the trees growing are volunteer trees (not planted) and need to be removed. Prune and or remove trees located at Refugio Valley Tennis as needed. Several trees are top heavy and many overhang the courts both dropping debris and raising safety concerns. 287
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 125,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ - $ 125,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ - $ 125,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
ADA Assessment
Assess parks facilities for ADA Accessibility.
Future years are to construct improvements.
Federal Requirement.
288
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 100,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds $ 100,000.00 $ - $ - $ - $ - $ - $ - $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 100,000 $ - $ - $ - $ - $ - $ - $ 100,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Community Swim Center Safety Fence Replacement
The safety fence surrounding the Community Swim Center needs to be replaced. The current fencing is a wood frame with a metal mesh material. The wood has broken, split, fallen off, and has rotted in many places (see photos). The facility's fence is approximately 680' linear feet and 8' feet tall. For safety purposes and to follow the code, the fence needs to be replaced with "anti-climb" safety fencing around the aquatic facility. Parks and Recreation staff have secured quotes from professional fencing companies to ensure that we would cover the cost to replace the entire fence. 289
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 250,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds $ 250,000.00 $ - $ - $ - $ - $ - $ - $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 250,000 $ - $ - $ - $ - $ - $ - $ 250,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Community Swim Center Gym Floor Replacement & Other Building and Deferred Maintenance The gym floor at the Community Swim Center needs to be replaced. The current flooring has been sanded and refinished many times. There are broken boards on both ends of the floor. Repairing the floor may be an option but won’t be known until the floor is pulled up in areas to assess the total damage. Parks and Recreation staff has secured quotes from professional flooring companies to ensure that this would cover the cost of replacing the entire floor, considering the cost of wood. If the floor can be repaired, the remaining money would go towards other building and deferred maintenance in the facility, including doors, interior painting, etc.
290
Project Number: BR#22-3
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 12,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed General Funds $ 12,000.00 $ - $ - $ - $ - $ - $ - $ 12,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 12,000 $ - $ - $ - $ - $ - $ - $ 12,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Replace the Community Pool Diving Board
The Diving boards are in need of replacement. The board on the 3-meter dive stand is broken and cannot be repaired.
Both boards were purchased at the same time and have gotten good use over the past decade. The cost to replace 1 board is approximately $6,000. In this case it makes sense to replace both boards for a cost of $12,000. 291
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 55,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed Victoria LLAD 2002-2-1 $ - $ 55,000.00 $ - $ - $ - $ - $ - $ 55,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 55,000 $ - $ - $ - $ - $ - $ 55,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Victoria By The Bay - Refurbish Gazebo & Railing
The gazzebo and railing in Refugio Linear Park need to be refurbished. 292
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 85,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 $ - $ 85,000.00 $ - $ - $ - $ - $ - $ 85,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 85,000 $ - $ - $ - $ - $ - $ 85,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Ohlone Dog Park Tree Removal & Pruning
The Eucalyptus trees in Ohlone Dog Park need to be removed or pruned.
Enhance Safety.
293
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 250,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 $ - $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ - $ 250,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ - $ 250,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Tree Planting & Removal Open Space
Trees in the 50-foot fire buffer need to be trimmed or removed if dead or damaging private property.
To reduce fire hazard and claims from damage to adjacent private property. 294
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 60,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Proposed Proposed Proposed Proposed Proposed Proposed LLAD 83-2 Zone 10 $ - $ 60,000.00 $ - $ - $ - $ - $ - $ 60,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 60,000 $ - $ - $ - $ - $ - $ 60,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Aerator Reugio Valley Parks
295
Project Funding Source: Prior Year FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY2027-2042 Total Budget Carryover Budget Projection Projection Projection Projection Projection Projection Path To Transit - Conservation
Easement
Bayfront Development Public
Benefit Fee $ - $ 500,000.00 $ - $ - $ - $ - $ - $ 500,000.00 Environmental Monitoring Measure J SP Grant $ 223,944.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ - $ - $ - $ 403,944.00 Utility Relocation Unfunded $ - $ - $ 21,769,750.00 $ - $ - $ - $ - $ 21,769,750.00 Track and Signal Work Unfunded $ - $ - $ - $ 32,776,768.00 $ - $ - $ - $ 32,776,768.00 Initial Rail Station Unfunded $ - $ - $ - $ - $ 10,640,738.00 $ - $ - $ 10,640,738.00 Trails, Parks, Plazas Unfunded $ - $ - $ - $ - $ - $ - $ 3,180,000.00 $ 3,180,000.00 Parking Garage Unfunded $ - $ - $ - $ - $ 5,000,000.00 $ - $ - $ 5,000,000.00 Measure J TLC Grant $ 178,911.00 $ - $ - $ - $ - $ - $ - $ 178,911.00 STMP Fund $ 724,602.00 $ 300,000.00 $ - $ - $ - $ - $ - $ 1,024,602.00 Total $ 1,127,457 $ 860,000 $ 21,829,750 $ 32,836,768 $ 15,640,738 $ - $ 3,180,000 $ 75,474,713.00 City of Hercules
RITC CIP Summary
Design Utility Relocation
296
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 500,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Bayfront Development
Public Benefit Fee $ - $ 500,000.00 $ - $ - $ - $ - $ - $ 500,000.00 Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ 500,000 $ - $ - $ - $ - $ - $ 500,000.00
City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Path To Transit - Conservation Easement
Refugio Creek Conservation Easement and Endowment funding Required as a permit condition.
297
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 403,944.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Measure J SP Grant $ 223,944.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ - $ - $ - $ 403,944.00 Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 223,944 $ 60,000 $ 60,000 $ 60,000 $ - $ - $ - $ 403,944.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Environmental Monitoring
Post - Construction Environmental Monitoring
For Completed Phase of the RITC as required by permitting Agencies 298
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 21,769,750.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ 21,769,750.00 $ - $ - $ - $ - $ 21,769,750.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ 21,769,750 $ - $ - $ - $ - $ 21,769,750.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Utility Relocation
Relocate Shell and Kinder Morgan Fuel Oil Lines, Fiber Optic Line 299
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 32,776,768.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed $ - $ - $ - $ - $ - $ - $ - $ -
Unfunded $ - $ - $ - $ 32,776,768.00 $ - $ - $ - $ 32,776,768.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ 32,776,768 $ - $ - $ - $ 32,776,768.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Track and Signal Work
Railroad Bridge, Track and Signal work, Creek Realignment, Retaining Walls Final Design, Construction Management, Permits
300
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 10,640,738.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ - $ - $ 10,640,738.00 $ - $ - $ 10,640,738.00 $ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ 10,640,738 $ - $ - $ 10,640,738.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Initial Rail Station
Initial Rail Station Building, Civic Plaza Improvement Final Design. Construction Management, Permits 301
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 3,180,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ - $ - $ - $ 3,180,000.00 $ 3,180,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $ - $ 3,180,000 $ 3,180,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Trails, Parks, Plazas
Bay Trail (Including Pedestrian Bridge Over Refugio Creek), Creekside Park, Promenade, Railroad Plaza, Final Design, Construction Management, Permits
302
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 5,000,000.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Unfunded $ - $ - $ - $ 5,000,000.00 $ - $ - $ 5,000,000.00 $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ -
Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ 5,000,000 $ - $ - $ 5,000,000.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Parking Garage
Parking Garage for RITC
303
Project Number:
Project Name:
Description:
Justification:
Projected Timing:
Estimated Start Date:
Estimated End Date:
Total Estimated Cost: Budget
Proposed Budget: $ 1,830,513.00
Planning and Design: $ -
Construction Management $ -
Construction: $ -
Equipment: $ -
Contingency: $ -
Total: $ -
Funding Source: Prior FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-2042 Total Budget Actual Budget Proposed Proposed Proposed Proposed Proposed Proposed Measure J TLC Grant $ 178,911.00 $ - $ - $ - $ - $ - $ - $ 178,911.00 STMP Fund $ 724,602.00 $ 300,000.00 $ - $ - $ - $ - $ - $ 1,024,602.00 Unfunded $ - $ - $ - $ - $ - $ 627,000.00 $ - $ 627,000.00 Adjustment $ - $ - $ - $ - $ - $ - $ - $ -
Total $ 903,513 $ 300,000 $ - $ - $ - $ 627,000 $ - $ 1,830,513.00 City of Hercules
Capital Improvement Plan
Fiscal Years 2022-23 through 2026-27
Design Utility Relocation
Advance Design of RITC by Task Order
304
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 9, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
SUBJECT: Agreement with CSG Consultants for Code Enforcement Services RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute an agreement with CSG Consultants in the not-to-exceed amount of $130,000 for code enforcement services.
FISCAL IMPACT OF RECOMMENDATION:
The cost for this contract is included in the General Fund in the proposed FY 2022-23 Budget.
DISCUSSION:
CSG Engineering has been providing the City with code enforcement servicessince September 2021.
Contract code enforcement officers Lee Holt and James Jonte have assisted the Community Development Department by investigating potential code enforcement issues, including inquiries from the public; contacting property owners, and working with them to bring properties into compliance, including the issuance of notices to abate and administrative citations when warranted.
The agreement is anticipated to provide an average of 16 hours per week of Mr. Jonte’s code enforcement services through June 30, 2023 and provide the flexibility to adapt to changing circumstances on identified tasks and on-call services for new tasks as they arise.
ATTACHMENTS:
1. Resolution
2. Agreement including scope and fee.
305
Financial Impact
Description: Expenditure amount not to exceed $130,000.
Funding Source:
General Fund $130,000
Fund No. 100-5235-611.90-00
Budget Recap:
Total Estimated cost: $130,000 New Revenue: $
Amount Budgeted: $130,000 Lost Revenue: $
New funding required: $ New Personnel: $
Council Policy Change: Yes No
306
RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
METROPOLITAN PLANNING GROUP (DBA M-GROUP) FOR A TOTAL AMOUNT NOT TO EXCEED $106,000
WHEREAS, the City of Hercules has a need for planning consulting services to perform duties involving development application review, public information, and ordinance preparation; and
WHEREAS, the City has very limited staff resources for Planning services, with a permanent full-time staff of 2.0 FTE in Community Development; and WHEREAS, M-Group is intimately familiar with the City of Hercules plans, codes, policies and procedures, having performed contract planning services for the City since August 2021; and
WHEREAS, M-Group has the expertise and capacity to continue performing contract planning services in Fiscal Year 2022-23;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hercules;
1. Authorizes the City Manager to execute a contract with M-Group for a total amount not to exceed $106,000.
2. Funding for this contract to be provided from professional services of the General Fund budget for the Community Development Department.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the ninth day of August 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
________________________________
Lauren Berges, City Clerk
307
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on July 21, 2022, between the City of Hercules, a California municipality (“City”), and CSG Consultants, Inc., a California Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on July 1, 2022 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed $130,000, without prior written authorization by City, pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services.
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 308
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other Party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules CSG Consultants, Inc.
111 Civic Drive 550 Pilgrim Dr
Hercules, CA 94547 Foster City, CA 94404
(510) 799-8200 (650) 522-2500
Attn: Tim Rood [email protected]
Email: [email protected] Copy to: [email protected]
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 309
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”). CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, nonowned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is selfinsured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
8.1.4 Professional Liability. This insurance must insure against Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount no less than $1,000,000.00 combined single limit.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 310
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotive liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self-insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute.
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 311
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, Consultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.
13.3.2 Compliance with the California Equal Pay Act. Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 312
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the Party delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 313
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Lauren Berges, City Clerk
Date: ___________________________
CONSULTANT: CSG Consultants, Inc. ________________________________ Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 Cyrus Kianpour President
7/27/2022
314
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 315
Attachment A
SCOPE OF SERVICES
Consultant shall provide municipal code & zoning enforcement services within the City, including identifying violations and responding to municipal & zoning code violation complaints, which may involve but are not limited to: weeds and overgrown landscaping; blighted and/or vacant properties; illegal structures and signs; unauthorized uses; graffiti and vandalism; public nuisance conditions; inoperable vehicles; and other municipal, zoning, and other code-related violations. Services will be provided on a regular part-time basis, with additional on-call or work orders as needed. The proposed scope of services allows flexibility for the contract service provider to work independently and to serve as an extension of City staff and may include training of volunteers assigned to code compliance tasks.
Consultant shall engage residents, stakeholders, and responsible parties to correct code violations. Beyond promoting voluntary compliance, services to be provided include a full range of code enforcement activities, including but not limited to:
• Drafting and disseminating information for the general public; • Drafting notices of violation and monitoring compliance with abatement timelines; • Enforcing abatement notices;
• Testifying in public hearings and court proceedings on behalf of the City; • Facilitating settlement agreements;
• Recommending changes to the code(s) and procedures;
• Appearing as an expert witness;
• Assisting in recording notices of violation, liens, and collections; and • Other services as outlined herein.
Code enforcement consultant shall work with City staff to maintain a comprehensive log of contacts/communications, follow-up actions, and status/results.
Sub-Contractor
The use of any sub-contractor must be approved in advance in writing by the City and must meet the requirements of this Agreement. Use of sub-contractors must be clearly explained in the proposal, and major sub-consultants must be identified by name. Prime consultants shall be wholly responsible for the entire performance whether or not sub-consultants are used.
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 316
Attachment B
PAYMENT
Price Changes
All prices shall be firm and not subject to increase during the period of the Contract.
Compensation
City will compensate Consultant for the following expenses (“Allowable Reimbursable Expenses”) at the following rate(s), not to exceed a total of $130,000, without prior written authorization:
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 317
FOSTER CITY | PLEASANTON | SAN JOSE | SACRAMENTO | NEWMAN | ORANGE | REDLANDS
EXHIBIT A
City of Hercules
Code Enforcement Services - Fee Schedule
Effective July 1, 2022
CSG's fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or licensed courier service. This service is provided at no additional cost. CSG will mail an invoice at the beginning of every month for services rendered during the previous month.
All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Overtime work will be billed at 1.5 X the hourly rates indicated in the table above. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. .
On July 1 of each year following the contract year, CSG will initiate a rate increase based on the change in CPI for the applicableregion. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.
Review Type / Role Current Hourly Rate FY 22-23 Hourly Rate Code Enforcement Officer I $115 $121
Code Enforcement Officer II $120 $126
Senior Code Enforcement Officer $130 $137
Code Enforcement Officer Manager $150 $158
Overtime 1.5 X Hourly Rate 1.5 X Hourly Rate
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 318
Attachment C
CONTRACTOR ACKNOWLEDGMENT OF
CITY OF HERCULES NEPOTISM AND CRONYISM POLICY
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 319
CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of this Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.
I have read Hercules Ordinance Number 486 and certify that I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 486.
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
✔
CSG Consultants 650-522-2500 550 Pilgrim Dr Foster City CA 94404 ✔ Tim Rood 510-799-8251 22-036 Community Development Code Enf Svcs FY 22-23 DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 7/27/2022
President Cyrus Kianpour
320
Attachment D
CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE
WITH THE CALIFORNIA EQUAL PAY ACT
DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 321
CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name __
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, professional or other services to contractors who are not in compliance with the equal pay requirements of the California Equal Pay Act.. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person or contractor not in compliance with the California Equal Pay Act, is regarded as a violation of this Section.
I have read Hercules Ordinance Number 534 and certify that I/we have not in the past 5 years been found to be in violation of the California Equal pay Act, and I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 534 .
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Tim Rood 510-799-8251 22-036 Community Development 650-522-2500 550 Pilgrm Dr Foster City CA 94404 Tim Rood CSG Consultants DocuSign Envelope ID: 94E13252-27FB-4892-9E5B-EEE5334D1279 7/27/2022
Cyrus Kianpour President
322