Hercules City Council
September 13, 2022

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

Agreement No. 22-054
Resolution No. ________ CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“ Agreement”) for professional services is made on September 13 , 20 22, between the City of Hercules , a California municipality (“City”), and MIG, Inc. , 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 September 13, 2022 (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated soone r in accordance with Section 10 of th is 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 One Hundred Ninety Thousand Eight Hundred Forty Five Dollars ($190,845), 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 Servic es; 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 Con sultant 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 ma nner 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.

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

5. Consultant’s Warranties.

5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practic es and standards for Consultant’s profession in the Bay Area.

5.2 Consultant war rants 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 deliv ery service, or by e mail 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 MIG, Inc.
111 Civic Drive 800 Hearst Ave
Hercules, CA 94547 Berkeley, CA 94710
(510) 799-8200 (510) 845-7549
Attn: Dante Hall Attn: Cindy Mendoza
[email protected] [email protected]
Copy to: [email protected] Copy to: _____________________ [email protected] Email: _______________________

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 o r 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

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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 insur ance coverage required by this S ection 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 S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.

8.1.2 Automotive. Commercial automotive liability coverage for owned, non - owned 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 Emp loyer’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 self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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 automotiv e 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 S ection is a condition precedent to either Party commencing litigation in relation to the dispute.

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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 a nd the effective date of th e 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 p ayment 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, C onsultant 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. Co nsultant 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 w ith regulations adopted by the City of Hercules to allow for verification of Consultant compliance with

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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 o ver 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 brea ch, 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.

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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.]

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Parks and Recreation Facilities Master Plan

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: MIG, Inc.

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

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Scope of Services

Attachment A

SCOPE OF SERVICES

<Detailed description of the required Services attached in the following page(s)>

August 31, 2022

Dante Hall, City Manager
Mike Roberts, Public Works Director / City Engineer
City of Hercules
Via Email: [email protected]; [email protected]

Subject: Parks and Recreation Facilities Master Plan

Dear Mr. Hall and Mr. Roberts:

Thanks for considering MIG’s proposal for developing a Parks and Recreation Facilities Master Plan for the City of Hercules. MIG is a national leader in park and recreation planning, with expertise in evaluating parks and facilities, identifying community needs, defining realistic and actionable capital improvement plans, and summarizing implementation strategies in clear, concise documents.

The City of Hercules is being proactive in addressing aging park facilities, responding to the need for inclusive parks, and anticipating the future recreation needs of the community. By preparing a Parks Master Plan, the City will gain an understanding of infrastructure and facility needs as well as community priorities for the future. This information will support informed discussion and decision-making related to park needs and opportunities. Through this process, City staff will be better able to strategically allocate resources and leverage grant opportunities and other funding options to ensure that the needs of the community are met into the future.

MIG will collaborate with City staff to identify the appropriate steps and budget for this planning process. This letter confirms our interest in working with the City of Hercules. The attached materials provide an overview of MIG, highlight key staff who will lead this project, and identify our proposed approach and project tasks. It has been refined based on our recent discussion with City staff.

Please let us know if you have any questions or would like an additional information. I can be reached at 503-297-1005 x2100 or [email protected]. We look forward to working with you.

Sincerely,

Cindy Mendoza, CPRP
Principal | Director of Parks + Recreation

2 MIG, Inc.

About MIG
MIG, Inc., improves, adapts, and creates organizations, environments, and tools for human development. We are a community of designers, planners, engineers, scientists, and storytellers who engage people in creative problem solving and collective action. For four decades, MIG has worked with public, private, and nonprofit agencies and their constituents to effectively address any issue on the planning and design spectrum related to parks and recreation—concept to construction, strategic plan to master plan, placemaking to open space conservation, ADA accessibility to financial feasibility, and everything in between.

The depth of our expertise encompasses the full range of planning, analysis, outreach, and design to help cities leverage and responsibly manage available resources—ensuring the right balance in the amount, size, types and locations of park land, recreation facilities and services now and in the future.

For this project, we offer the multi-disciplinary expertise of our firmwide team of approximately 300 staff. Key leaders for this effort include:

• Cindy Mendoza, CPRP, is the Director of MIG’s firmwide park and recreation planning practice. She will provide overarching project direction and ensure contract compliance. • Rachel Edmonds, ASLA, is an MIG Landscape Architect and Project Manager. She will oversee the day-to-day tasks, manage the budget and schedule, oversee the facility condition evaluations, and be the point of contact for communications. • Myrna Ortiz is MIG’s Meeting and Outreach Specialist who will provide direction for outreach efforts, present findings at meetings, and advise on outreach and communications with City leaders and Hercules stakeholders and residents.
• Noé Noyola is our lead facilitator for community workshops. Noé is co-Director of MIG’s Equity Studio and will ensure that diverse voices are heard in community meetings. • Heather K. Buczek is a Consulting Principal and MIG’s Director of Accessibility Services. She will oversee the ADA assessment of parks and facilities. • Melissa Erikson, ASLA, PLA, Consulting Principal, is a California-licensed Landscape Architect who will ensure contract compliance for any design work. • MIG Team member, Ballard*King & Associates, lends their expertise to identifying needs for recreation programs, recreation facilities, and facility operations.

This team will draw from MIG’s deep bench of specialists in urban planning, landscape architecture, park design, GIS, recreation operations, graphic communications, community engagement, and green infrastructure, bringing in the right resources where needed for this project.

M
IG, Inc. | Hercules Parks and Recreation Facilities Master Plan 3 Proposed Approach and Workplan
The MIG Team proposes a five-phased approach to evaluate Hercules’ park system and develop the City’s first Parks and Recreation Facilities Master Plan. Public engagement activities and advisory group guidance are built into the planning process to deliver a prioritized community-driven master plan that provides clear direction for phased investments over the next ten years.

The proposed approach is described in five phases.
• P
hase 1: State of the Park System
• Phase 2: ADA Assessment (Parks, but not Buildings)
• Phase 3: Park Needs and Opportunities
• Phase 4: Recommendations and Prioritization
• Phase 5: Plan Development
The
planning process is intended to evaluate and provide direction for:
• City parks, including their outdoor recreation amenities and facilities; • Indoor recreation facilities with regards to accommodating current and future activities (but not building condition, improvements, ADA access, or maintenance); and • Recreation programs and events as these affect facility needs.

T
he process references review and involvement from four advisory groups:
• The Project Leadership Team (PLT) will be comprised of the City’s Project Manager and 2-3 key staff to guide the project. This group will meet twice via videoconference: to initiate the project and internally review and discuss the ADA Facility Barrier Report Review. • The project’s Steering Committee will consist of two appointed representatives of the Community and Library Services Commission and two from the Planning Commission joined by members from both the City’s Project Leadership Team. The Steering Committee will review deliverables and provide guidance at key milestones. These public meetings may be held in person or via Zoom. MIG recommends meeting two via videoconference during the planning p
rocess.
• T
he Joint Community and Library Services Commission and Planning Commission will bring to
gether all members of both commissions in one meeting to review the Draft Plan and make s
eparate recommendations to City Council for adoption.
• C
ity Council members will be involved twice in the planning process: once via videoconference interviews in Phase 1 to identify key issues the Master Plan should address; and later via an in- person meeting to review the Draft Plan review prior to adoption. City staff may provide a
dditional updates to Council at key milestones.

PH
ASE 1: STATE OF THE PARK SYSTEM

1.1. PLT Videoconference: Project Kickoff (Zoom)
MIG will meet with the City’s Project Manager and key staff in a 1.5 or 2-hour [videoconference] meeting to initiate the project and discuss desired project outcomes, available background materials, communication protocols, Steering Committee makeup, engagement strategies, and schedule. MIG will host the call on Zoom and provide an agenda.

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 4

1.2. Background Information Request and Collection
MIG will submit an information request letter and create a shared drive with links for City use in uploading relevant project information. Information includes but is not limited to GIS data, existing inventories, site master plans and air photos, relevant reports and documents, recreation programs data, capital projects list, and policy directions relevant to the Master Plan. MIG has allotted time to make the information request and take a cursory look at materials to know where to incorporate information into other tasks. Client will upload all information to a specified, secure location on MIG’s internal file share server.

1.3. Engagement Strategy and Process Graphic
The MIG team will document an Engagement Strategy to drive participation for the planning process. The strategy will address communication tools, media, and network lists available to promote outreach activities. It will also identify shared roles and responsibilities. MIG will also create a “planning process” graphic that illustrates the project phases and timeline. This helps communicate to the public and advisory groups the intent and trajectory of the Master Plan process.

1.4. System Inventory and GIS Base Map
MIG will cross-check inventory data provided by the City against GIS parks data to create an Excel spreadsheet accounting for City park sites, park acreage and recreation facilities. (Amenities such as tables, benches, trash receptacles, parking spaces, etc., are not counted.) Using GIS data provided by the City, we will produce one draft citywide base map (11” x17”) showing existing City parks, open space, major recreation facilities, and trails on an overlay of information including City planning areas, water bodies, roadways, and schools. The draft inventory and base map will be revised into final form based on one round of consolidated comments from the City.

1.5. Park Tour and Evaluation App (In Person)
MIG will develop a customized, Esri-based Park Evaluation App to use in evaluating City of Hercules parks. It will include a rating system for facility condition, plus track facility location in GIS and record images and comments regarding site quality that can be downloaded in digital reports. As part of this task, MIG will spend one day (6-8 hours) touring representative parks and recreation facilities accompanied by City staff. The tour will provide an opportunity to discuss park strengths, planned development or improvements, maintenance and operations challenges, and recreation needs. The City will schedule and coordinate the site tour, ensuring that staff are available to answer questions.

1.6. Park Condition Assessment (In Person)
This task includes a two-day allowance for two MIG staff to visit City parks, using the Park Evaluation App to photograph and score park conditions. At the completion of all park visits, MIG will download park assessment scores and summarize key findings in a memo to inform the planning process.

1.7. Steering Committee Meeting: Orientation and SWOC (In Person) While in town for the park tour, MIG will meet with the Steering Committee to provide an overview of the planning process and facilitate a discussion of the strengths, weaknesses,

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 5 opportunities, and challenges for the park system. MIG will provide an agenda and following the meeting, a summary of comments.

1.8. City Council Videoconference Interviews (Zoom)
City staff and MIG will meet individually with City Council members (5) and the City Manager in one-on-one interviews to identify the issues and opportunities that City leaders want addressed in the plan. The City will extend the invitations to Council and coordinate scheduling. MIG will develop a set of interview questions and conduct thirty-minute interviews over a video conference platform such as Zoom. MIG will summarize the findings in a memorandum (pdf).

1.9. Parks & Recreation System Summary
MIG will summarize Phase 1 findings in an attractive, graphic, easy-to-read memo, providing an overview of City parks, facilities, recreation programs and funding resources. MIG will provide a draft document (pdf or Word file), revising this into final form based on one round of consolidated and vetted (no conflicting) City comments.

1.10. Project Management and Administration
This task includes half-hour biweekly progress and coordination videoconferences between MIG and the City’s Project Manager and other City staff as needed for discussion of schedule management, project administration and invoicing, communication, and coordination for project tasks/deliverables.

PHASE 1 DELIVERABLES:
• Project Initiation Meeting Agenda
• Request for Information Letter
• Engagement Strategy
• Draft and Final Park System Base Map and Inventory
• Park Evaluation App and Summary
• Steering Committee Agenda and Summary
• Key Leader Interview Questions and Memo
• Draft and Final Park & Recreation System Summary

PHASE 2: ADA ASSESSMENT

2.1. Prepare Park Facility Diagrams
MIG will prepare diagrams of all City parks and building exteriors using the GIS data provided by the City. The diagram base data will be in a GIS format and will be included in the facility reports described in Task 2.3. The diagrams will be used to indicate the location of ADA barriers identified during the evaluations.

City staff involvement: The City will provide any GIS data delineating the boundaries of each park property.

2.2. Conduct ADA Facility Barrier Evaluations
MIG will evaluate all publicly available portions of Parks’ facilities where members of the public engage in City Parks’ programs, activities, and services (see list of facilities below within this task). This does not include areas that are for authorized personnel only, staff

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 6 workspaces, maintenance spaces, or facilities located within the public right-of-way. The evaluation of building exteriors will be limited to recreation program areas associated with the building and the accessible route from the building to the program area and will not include the building entry route, parking facilities, interior support facilities, or other exterior facility elements.

The evaluation will identify physical barriers that limit accessibility for the public and compare each facility to the 2019 California Building Code, 2010 ADA Standards, and the 2015 ABA Outdoor Developed Areas Standards. The facility locations to evaluate are as follows:

Facility Inventory
The following list identifies the assumptions for facilities addressed during the site assessment. All assessments will address the accessible route to the program spaces, except where noted otherwise.

Parks
• Bayside Park – restrooms, grass play area, playground; • Duck Pond Park – parking, picnic tables, gazebo, restrooms, grass play area, sports courts (basketball, bocce and horseshoes);
• Foxboro Park – restrooms, playground, picnic facilities, grass play area, sports courts (tennis and basketball);
• Frog Pad Park - picnic facilities, playground;
• Hanna Ranch Park – parking, restrooms, grass play area, sports fields (soccer and baseball);
• Ohlone Dog Park – picnic facilities, dog park, community garden; • Railroad Park – playground, grass play area;
• Refugio Valley Park – parking, picnic tables, gazebo, restrooms, grass play area, playgrounds, sports court (tennis);
• Refugio Valley Linear Trail - includes parcourse elements, benches, and amenities adjacent to the shared-use trail, route from trail to program areas, parking along Refugio Valley Road, and the accessible route from parking to the trail, but does not include the shared-use trail. Parking along the northside of Refugio Valley Road included in the evaluation is at the following locations:
 Across from Hanna Ranch Park and Hanna Ranch ES.
 Between Midship Drive and Southwind Drive
 Across from the Hercules Middle-High School Buildings  Across from the Hercules Middle-High School Stadium
• Shasta Park –picnic facilities, playground, grass play area; • Shoreline Park - picnic facilities, restrooms, grass play area, playground; • Sierra Park – picnic facilities, grass play area, workout elements; and • Woodfield Park - picnic facilities, restrooms, grass play area, playground, sports courts (tennis and basketball).

Recreation Program Areas – Building Exteriors Only
• Hercules Community Swim Center - pool and supporting exterior amenities;

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 7 • Foxboro Community Center
• Senior Center - routes leading to building entrance and parking area; • Ohlone Community Center – small grass patch; and
• Teen Center - pedestrian trail from Redwood Road to Teen Center and Hercules Community Swim Center parking area.

City staff involvement: City staff will be responsible for providing access to any locked City facilities – restrooms and building exterior spaces that are fenced off. Otherwise, MIG staff will not require accompaniment by a city staff person.

2.3. Prepare ADA Facility Barrier Reports
MIG will produce a report for each facility with a master list detailing each barrier identified within state and federal accessibility regulations. The report will include:
• Barrier Identification Table: Lists specific barriers encountered during the evaluation process. Barriers will be organized by architectural element and located by reference number on the facility diagram. MIG will include as-built dimensions and required dimension or condition, and code reference citations.
• Conceptual Solution: MIG will provide a conceptual solution to resolving the barrier in text format and will recommend alternate solutions or equivalent facilitation when feasible.
• Planning Cost Estimate: Each barrier removal action, such as the replacement of a doorknob with lever-type door hardware, is assigned a cost. Costs represent a planning level estimate based on the cost of construction, which can be used to determine the cost for removing barriers at facilities.
• Reference Diagram: The report will include a reference diagram locating the barriers on a floor plan, site plan, or aerial photograph of the facility. • Photograph: Images of the facility barriers will be included with the barrier identification details.

City staff involvement: Review report before Task 2.4 and provide one set of consolidated edits if needed.

2.4. PLT Videoconference: ADA Facility Barrier Report Review (Zoom) MIG will meet with the PLT to finalize the observations included in the reports, to answer questions, to prepare for the pass of barrier mitigation tracking data, and to discuss how the City will use the reports in the development of an ADA transition plan. The meeting will assist City staff in determining appropriate responses to mitigating barriers, either through modification of the facilities, by relocating programs, or by other programmatic solutions.

City staff involvement: Participation of staff responsible for maintaining the facilities in one review session.

2.5. ADA Implementation Data
MIG will finalize the barrier prioritization and provide the City with GIS data containing all the barrier information for facilities, including relevant codes, barrier removal actions, planning cost estimates, and site photographs. The same information will also be provided in a

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 8 companion Excel workbook. The data provided is intended to be the living document for tracking, mapping, and monitoring the barrier removal efforts.

City staff involvement: Review and use the data provided for the barrier mitigation tracking and the future development of a transition plan schedule.

2.6. Project Management and Administration
This task includes half-hour biweekly progress and coordination videoconferences between MIG and the City’s Project Manager and other City staff as needed for discussion of schedule management, project administration and invoicing, communication, and coordination for project tasks/deliverables.

PHASE 2 DELIVERABLES:
• Park Diagrams for reporting
• ADA Barrier Evaluations
• PDF of the ADA Facility Barrier Reports for review before the PLT meeting • PLT Meeting Agenda and Materials
• GIS data for parks barriers in a geodatabase format with a companion Excel document

PHASE 3: PARK NEEDS AND OPPORTUNITIES

3.1. Park and Recreation Questionnaire (English)
MIG will develop a Parks and Recreation Questionnaire to gather feedback from the community on recreation and park use, priorities and needs. Available in English, the online questionnaire will be tablet, computer, and smartphone friendly. MIG will draft the questionnaire, revise it based on one round of City comments, and program questions online.

MIG will host the questionnaire for four or five (4) weeks, providing a link and QR code to the City for web posting and distribution. City staff will be responsible for advertising the questionnaire. At its completion, MIG will summarize key findings.

3.2. Community Workshop: Park and Recreation Needs (In Person) MIG will host a public workshop to solicit input regarding the community’s park and recreation needs. City staff will identify and book the venue location and publicize the meeting via newsletters, website, and social media channels. MIG will create an agenda and meeting materials, and following the meeting, provide a summary memo of key comments.

3.3. Level of Service, Distribution and Gap Analysis
MIG will evaluate access to three different types of recreation facilities or opportunities (e.g., sports fields, picnic areas, trails, neighborhood parks) through a technical mapping analysis using ArcGIS Network Analyst™. The geographic analysis will consider physical barriers to park access, focusing on the different ways that city residents travel to parks and facilities, including walking, cycling, car and transit, using existing transportation networks. A service area for each site or facility will be depicted graphically, identifying opportunities to increase the area served by improving access. MIG will create up to three hard copy maps illustrating facility distribution, using this information to identify potential park and trail needs and

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 9 facility needs through a level of service analysis. Following City review of the maps, findings will be incorporated into the Needs Assessment Summary.

3.4. Recreation Facilities and Programs Analysis
The MIG Team will review recreation data and existing information on the Hercules Community Center and Pool, Ohlone Community Center, Foxboro Community Center, Teen Center, Senior Center, and sports fields to identify needs for more or different types of facilities and programmable space. The analysis includes a brief review of the City’s program service areas to discuss needs to expand or enhance recreation programs and events.

Findings will be incorporated into the Needs Assessment Summary.

3.5. Evolving Trends and Demographics
The MIG Team will use publicly available demographic and recreation data, plus our knowledge of recreation trends, to project changing needs for parks and recreation facilities.

This will include an overview of key trends and innovations for providing parks, facilities, and programs in built-out communities. Findings will be incorporated into the Needs Assessment Summary.

3.6. Needs Assessment Summary
MIG will create a summary report of Phase 2 findings, which combines the results of the technical analysis and engagement findings to identify community needs for parks, recreation facilities, trails, and programs. The Needs Assessment will identify overarching key themes across all outreach and engagement tasks. It will summarize existing service levels and service gaps. MIG will provide a draft Summary Report and revise this based on one round of consolidated comments from City staff

3.7. Steering Committee Videoconference: Needs (Zoom)
MIG will create an agenda and PowerPoint and facilitate a videoconference meeting on needs assessment findings and their implications for future facilities and services. This includes an overview of cross-cutting themes from engagement activities, proposed level of service standards, and needs assessment. MIG will provide an agenda, and following the meeting, email an action-item summary.

3.8. Project Management and Administration
This task includes half-hour biweekly progress and coordination videoconferences between MIG and the City’s Project Manager and other City staff as needed for discussion of schedule management, project administration and invoicing, communication, and coordination for project tasks/deliverables.

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 10 PHASE 3 DELIVERABLES:
• Draft and final online questionnaire, link and QR code, 2-3 social media graphics, and summary • Community Connections agenda and consolidated summary • Draft and Final Access Analysis Maps (3 maps)
• Draft and Final Needs Assessment Summary
• Steering Committee Agenda, PowerPoint, and Summary

PHASE 4: RECOMMENDATIONS AND PRIORITIZATION

4.1 Systemwide Strategies
Using the General Plan goal framework, MIG will define key strategies related to the systemwide enhancement and management of the park system. MIG will summarize these recommendations for City review. Comments will be incorporated into the Administrative Draft Master Plan.

4.2 Site Recommendations and Map
MIG will identify site recommendations for existing (and, if relevant, proposed parks). Site recommendations will address potential land acquisition/site expansion, development, renovations, improvements, added elements, and potential partner projects. Site recommendations will be defined in a matrix format and spatially depicted on the 11” x17” base map to illustrate the mapped locations of projects or programmatic changes. MIG will draft the site recommendations and map for City review. Comments will be incorporated into the CIP and Administrative Draft Master Plan.

4.3 CIP / Capital and Operations Costs
MIG will create a capital projects list and cost matrix (Excel spreadsheet) to summarize a 10- year CIP. This includes identifying the planning-level costs for recommended capital projects, along with facility lifecycle replacement costs and maintenance costs for each project. The model will incorporate cost data based on MIG’s experience in managing park construction projects. MIG will provide a draft cost spreadsheet and revise it based on one round of edits from City staff.

4.4 Online Prioritization Activity
MIG will develop an online prioritization activity, inviting participants to help identify project priorities by making hypothetical investment choices in various park projects, programming, and different types of improvements. The data collected will help identify the right investment level and priorities for project phasing. MIG will develop questions for City review, program the activity online, refine it based on one round of City comments, host it for 2 weeks, and summarize results in conjunction with Task 4.5 findings. City staff will be responsible for promoting the online activity.

4.5 Steering Committee: Prioritization Open House (In Person) MIG will develop materials and facilitate one in-person workshop that is co-hosted by the Steering Committee to discuss project priorities. In conjunction with the online prioritization activity, the data collected will inform the action plan. MIG will facilitate the workshop, and

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 11 afterwards, summarize findings in conjunction with Task 4.4. City staff will be responsible for promoting the workshops, securing locations, and recruiting participants.

4.6 Action Plan
MIG will create a phased action plan that identifies short, medium, and long-term capital projects. The Action Plan will be incorporated into the Administrative Draft Plan for City review.

4.7 Funding Strategies
MIG will review budget data provided by the City to identify potential funding sources and to support City Parks and Recreation capital projects and operations in the short and long term.

The information will be incorporated into the Administrative Draft Plan for City review.

4.8 Project Management and Administration
This task includes biweekly progress and coordination videoconferences between MIG and the City’s Project Manager, schedule management and invoicing, project administration, communication, and coordination.

PHASE 4 DELIVERABLES:
• Draft Systemwide Policy Recommendations
• Draft Site Recommendations and Project Map
• Draft Capital Project List and Costs (spreadsheet)
• Online Community Prioritization Activity and Consolidated Summary • Community Workshop Materials
• Action Plan (in Administrative Draft Plan)
• Funding Strategies (in Administrative Draft Plan)

PHASE 5: PLAN DEVELOPMENT

5.1 CEQA Memo
MIG will prepare a memo that explains CEQA options for Master Plan approval. Following a brief consultation with the City Manager or City attorney (via a phone call or short team videoconference), the memo will conclude with a recommendation about the level of environmental documentation required for CEQA (i.e., Categorical Exemption (CE), Initial Study/Negative or Mitigated Negative Declaration (IS/ND or MND).

5.2 Administrative Draft Master Plan
MIG will create a full draft Master Plan, formatted as an attractive, easy-to-read document for review. The plan will be illustrated with graphics, maps, and photos so that City staff may use it as a communication’s tool to build community support for implementation. Prior to developing the Master Plan, MIG will create an outline for City review and buy-in on plan content. MIG will then draft the document, providing an electronic file (PDF) and comments log (Excel) to the City for internal review.

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 12

5.3 Draft Master Plan
Using one set of City consolidated comments, MIG will revised the document and add an Executive Summary, providing a web-ready pdf of the revised document to the City for posting and distribution.

5.4 Joint Commission Meeting: Draft Plan Review (In Person) MIG will present the Draft Master Plan to all members of the Community and Library Services Commission and Planning Commission to gather input as it relates to the upcoming Draft Master Plan presentation to City Council.

5.5 City Council Meeting: Draft Plan Review (In Person) MIG will update the Joint Commission PowerPoint to include Joint Commission feedback and present the Draft Plan at a City Council work session or meeting for review, discussion, and potential adoption.

5.6 Final Master Plan
Based on one set of consolidated comments provided by the City, MIG will finalize the Master Plan, providing a print-ready pdf and all original files to the City.

5.7 Project Management and Administration
This task includes biweekly progress and coordination videoconferences between MIG and the City’s Project Manager, schedule management and invoicing, project administration, communication, and coordination.

PHASE 5 DELIVERABLES:
• Master Plan Outline
• Administrative Draft Master Plan (60-125 pages, including graphics, maps, and appendices) • Draft Master Plan
• Joint Commission Meeting PowerPoint
• Council PowerPoint
• Final Plan
• Transmittal of final GIS data

OPTIONAL TASK
OPT.1 Community Connections (3 videoconferences and training) To understand the needs of different community groups, MIG will host up to three 1-hour “Community Connection” videoconferences. These informal meetings with existing community groups provide focused opportunities to learn about unique priorities and needs. They also provide an opportunity to involve traditionally underrepresented groups in the planning process. MIG will host one training for City staff and Commissioners to facilitate additional “Community Connections” either via videoconference or in person. MIG will coordinate with City staff in identifying potential community groups for meetings. With City staff support, MIG will coordinate scheduling of these meetings and send out invitations to participants. MIG will provide an agenda and data input tool for City staff and Commissioners to use in summarizing feedback. Following the meetings, MIG will provide a consolidated summary of key comments heard across all meetings.

MIG, Inc. | Hercules Parks and Recreation Facilities Master Plan 13 Scope Assumptions
The scope described on the previous pages is based on several assumptions noted below.  The project management budget assumes a 7- to 9-month project. It includes one hour per month for calls, emails, and coordination meetings between MIG and the City’s Project Manager as noted in each phase.
 To ensure cost efficiencies, MIG combines in-person and videoconference meetings as noted in the scope and budget. Field work will be conducted in person with social distancing and following public health protocols in place.
 The City will provide consolidated documents and GIS data based on MIG’s request for information, using MIG’s Egnyte portal and links for the transmission of materials.  The City will arrange, advertise, promote, host, recruit participants, schedule, and identify locations for public meetings, stakeholder interviews, and outreach activities. MIG will attend, facilitate, take notes, and summarize findings.  The City will be responsible for all website updates, posts to social media, press releases, communications and promotion of the online questionnaire and public meetings.  MIG will provide digital/electronic files (pdfs) of all project memorandums, master plans, and PowerPoint presentations.
 Drafts and final documents will be provided where noted in the scope. If not specified, it is presumed that any edits will be incorporated into subsequent tasks. For each round of revisions, City staff will provide a single, consolidated set of comments in track changes for Word files, pdf comments, or in a comments log for all other documents where requested.

Proposed Budget
Project costs are identified by phase below. These are inclusive of labor and direct costs for travel and materials.
# Phase Estimated Cost
1 State of the Park System $40,200
2 ADA Assessment $40,700
3 Park Needs and Opportunities $40,880
4 Recommendations and Prioritization $32,310
5 Plan Development $32,090
Total* $186,180
OPT Focus Group Meetings (if desired) $4,665
*Includes a 5% markup on direct expenses.

Hercules Parks and Recreation Facilities Master Plan
4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 5 12 19 26 Task 1: State of the Park System

1.1 PLT Videoconference: Project Kickoff

1.2 Background Information Request and Collection

1.3 Engagement Strategy and Process Graphic

1.4 System Inventory and GIS Base Map

1.5 Park Tour and Evaluation App *

1.6 Park Condition Assessment *

1.7 Steering Committee Meeting: Orientation and SWOC *

1.8 City Council Videoconference Interviews * *

1.90 Parks & Recreation System Summary

1.10 Project Management and Administration
Task 2: ADA Assessment

2.1 Prepare Park Facility Diagrams

2.2 Conduct ADA Facility Barrier Evaluations *

2.3 Prepare ADA Facility Barrier Reports

2.4 PLT Videoconference: ADA Facility Barrier Report Review *

2.5 ADA Implementation Data

2.9 Project Management and Administration
Task 3: Parks Needs & Opportunities

3.1 Park and Recreation Questionnaire * * * *

3.2 Community Workshop * *

3.3 Level of Service, Distribution and Gap Analysis

3.4 Recreation Facilities and Programs Analysis

3.5 Evolving Trends and Demographics

3.6 Needs Assessment Summary

3.7 Steering Committee Videoconference: Needs *

3.8 Project Management and Administration
Task 4: Recommendations and Prioritization

4.1 Systemwide Strategies

4.2 Site Recommendations and Map

4.3 CIP / Capital and Operations Costs

4.4 Online Prioritization Activity * *

4.5 Steering Committee: Prioritization Open House *

4.6 Action Plan

4.7 Funding Strategies

4.8 Project Management and Administration
Task 5: Plan Development

5.1 CEQA Memo

5.2 Administrative Draft Master Plan

5.3 Draft Master Plan

5.4 Joint Commission Meeting: Draft Plan Review *

5.5 City Council Meeting: Draft Plan Review *

5.6 Final Master Plan

5.7 Project Management and Administration
Anticipated Schedule
* references anticipated meeting/event dates. The time in green reflects the entire period needed for meeting or outreach preparation, event, and documentation.

April May8/31/22 September October November December January February March MIG, Inc. City of Hercules - Parks and Recreation Facilities Master Plan | Schedule

Professional Services Agreement Agreement No. <22-054> City Attorney Approved, 082321 Payment

Attachment B

PAYMENT

< Prices/rates that will be used to determine payments to the Consultant attached in the following page(s)>

City of Scappoose – Parks Master Plan Comprehensive Update MIG Hourly Rate Sheet
PROJECT PERSONNEL $/Hr
Cindy Mendoza, Director 185
Rachel Edmonds, Project Manager 135
Heather Buczek, ADA Consulting Principal 195
Lena Roper, ADA Specialist 150
Alison Lee, Parks and Recreation Planner 145
Tucker McPhaul, Designer/Planner 110
Myrna Ortiz, Meeting/ Outreach Specialist 135
Noe Noyola, Facilitation Lead 155
Zachary Likins, GIS Specialist 135
Ray Pendro, CEQA Specialist 205
Melissa Erikson, Consulting Principal 210
Additional MIG professional time will be billed
according to the hourly rates as presented
below.

STAFF BILLING RATES
CATEGORY $/HR
Senior Planner 165-185
Planner 145-165
Senior Landscape Architect 155-175
Landscape Architect 135-155
Landscape Designer 115-135
Associate Planner II 110-145
Associate Planner I 95-110
Assistant Planner 75-90
Support Staff 75-90

EXPENSES
CATEGORY Basis
Commercial travel Cost+5%
Automobile travel Current IRS rate
Lodging/Meals Cost+5%
BW Photocopy (letter) $0.25/ea
Color copies (letter) $1.50/ea
Color copies (tabloid) $2.50/ea
Color poster plotting $8.50/sf
Commercial report reproduction Cost+5%
Other (lab, aerial photos, etc.) Cost+5%

Pag e 1

CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECT
ION A:

To be completed by City Representative Prior to Distribution to Contractor:

City Representative Phone Project Spec No.

Department Contract/Proposal Name
SE
CTION 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 SE
CTION 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 t his 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
SE
CTION D:

To Be Completed by Administrative Services Departmen t with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Agreement 22-054
Resolution No._______
Dante Hall 510-799-8200
City Manager Parks & Recreation Facilities
Master Plan
X
X X

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 Compl eted Form by Contractor
Date Received by City By
Dante Hall 510-799-8200
Agreement No. 22-054
Resolution No. ________
City Manager Parks & Recreation
Facilities Master Plan
X
X X

ORDINANCE NO. 486

AN ORDINANCE OF THE CITY OF HERC ULES ESTABLISHING POLICIES TO

ADDRESS AND PREVENT NEPOTISM A ND CRONYISM IN CITY EMPLOYMENT

AND CONTRACTING

WHEREAS, to promote and maintain confidence in City government, it is imperative that City employment and contracting are free from nepotism, cronyism, patronage, and favoritism; and

WHEREAS, it is imperative that City employment and City contracts be based on merit, so that citizens are assured that City employees will be providing the highest quality service to those deserving citizens; and

WHEREAS, nepotism, cronyism, patronage, a nd favoritism are demoralizing and dispiriting to the dedicated, hard-working employees of the City; and

WHEREAS, the hiring of city officials, contra ctors and consultants who have a family, business, or consensual romantic and/or sexual relationship with a City official creates the appearance of impropriety and should be discouraged.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Hercules as follows:

1. The Hercules Municipal Code is hereby amended to include Title 2, Chapter 3, Article 4, to read as follows:

“Article 4. PREVENTION OF NEPOTISM AND CRONYISM IN

EMPLOYMENT AND CONTRACTING

Sec. 2-3.401 Purpose

In adopting this Article, it is the intent of the City Council to prohibit the contracting with, and employment of, relatives and friends of C ity Officials, to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hiring, promotion, contracting and/or transfer practices of the City.

The regulations established by th is Article shall apply to all City officials, as defined herein, and to all individuals or firms who pr ovide services to the City as independent contractors or paid consultants.

Sec. 2-3.402 Definitions

“City” as used herein shall mean the City of Hercules, California.

DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557

“City Official s” for the purposes of this Article means City Elected Officials, City Appointed Officials, appointees to City ad hoc or standing committees, appointees to City Commissions, and City Employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City Agencies and Departments.

“Contractor” means any individual or firm providing material, equipment, or services to the City pursuant to a written or oral agreement with the City as an independent contractor or consultant, and not as an employee.

"Family Relationship" means a relationship by blood, adoption, marriage, domestic partnership, foster care , and cohabitation, and includes parents, grandparents, great - grandparents, grandchildren, great-grandchildren, children, foster children, uncles, aunts, nephews, nieces, first cousins, second cousins, siblings , and the spouses or domestic partners of each of these relatives and cohabitants. This definition includes any relationship that exists by virtue of marriage or domestic par tnership, such as in -law and step relationships, which are covered to the same extent as blood relationships.

"Consensual Romantic and/or Sexual Relationship" means any consensual romantic and/or sexual relationship between a City official or Contractor and any City official who may supervise him or her directly or indirectly, or who may influence the terms and conditions of his or her employment or contract with the City.

“Cronyism” means making an employment or contracting decision based upon personal, political, financial, or commercial relationships instead of merit when the person or entity benefitting from the employment, promotion , supervision or contract does not have the qualifications for the position or contract, or is being compensated at a rate that is more than the rate that would be paid other employees or contractors performing the same or similar functions.

“Nepotism” means employing, promoting, supervising or contracting with a person or persons who have a family relationship or a consensual romantic and/or sexual relationship with a City official.

Sec. 2-3.403 Restricting Nepotism and Cronyism in Public Employment.

(a). Statement of Policy.

It is the policy of the City of Hercules to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions.

The employment of relatives of City officials, in positions where one might have influence over the other’s status or job security, is regarded as a violation of this Section. Nepotism and c ronyism, as defined in Section 2 -3.402, are prohibited from City employment decisions to the full extent permitted by law.

It is therefore the City’s policy to prohibit nepotism and cronyism in public employment according to the guidelines below:

DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557

(1) An individual will not be hired, promoted, transferred, or otherwise placed into a position whe n a person with whom the individual has a family relationship or consensual romantic and/or sexual relationship occupies a position in his or her direct supervisory chain of command.

(2) Individuals will not be hired, promoted, transferred , or otherwise placed into a position when to do so would constitute cronyism.

(3) Department Heads are prohibited from employing or supervising any person with whom the Department Head has a family relationship or consensual romantic and/or sexual relationship within his/her d epartment in any capa city in which that person may receive compensation.

(4) Department Heads are prohibited from employing or supervising any individual, when to do so would constitute cronyism.

(5) City positions should be advertised to the public and filled pursuant to an objective selection process based upon qualification.

(b) Resolving a Violation.

In the event nepotism or cronyism arises due to circumstances such as through promotion, transfer, the development of a consensual romantic and/or sexual relationship or marriage, the involved individuals have six (6) months in which to settle the issue voluntarily (i.e. by having one of them change assignment or leave City employment.)

If the affected parties are unable to re solve the situation within the time provided , their immediate su pervisors will review the case at the end of the six -month period. The supervisor’s decision concerning which employee must change assignment , made after consultation with the Director of Human Resources, will be binding.

(c) Responsibility to Report.

It is the responsibility of a City Official to report a violation of this Section . A City employee must notify his/her supervisor , and it is the responsibility of an elected or appointed official to notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when any of the following situations occur:

(1) When a person who is hired or appointed, or is being considered to be hired or appointed, has a family relationship or consensual romantic and/or sexual relationship with a City Official, and/or

(2) When a City Official has or develops a family relationship or consensual romantic and/or sexual relationship with another City Official who occupies a position in his or her direct supervisory chain of command, and/or

(3) When hiring, promotion , appointment or supervision of a City Official constitutes cronyism as defined in Section II.

DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557

The intent of this Section is to ensure that no conflict of interest, favoritism, preferential treatment, or discrimination enters into the hir ing, promotion, and/or transfer practices of the City.

(d) Penalty for Failure to Report.

A City Official, other than an elected official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City , or who knows or should know of any employment decision that constitutes nepotism or cronyism and fails to report the violation , is subject to discipline, including but not limited to suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is employed by the City, or who knows or should know of an employment decision that constitutes nepotism or cronyism and fails to report the violation, is subject to censure.

Sec. 2-3.404 Restricting Nepotism and Cronyism in Public Contracting.

(a) Statement of Policy.

It is the policy of the City of Hercules to avoid favoritism or di scrimination 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.

It is therefore the City’s policy to prohibit nepotism and cronyism in City contracts , according to the guidelines below:

(1) An individual Contractor shall not be awarded a contract with the City when the Contractor has a family relationship or consensual romantic and/or sexual relationship with a City Official who may have some influence over the award or management of the contract , or when the award of a contract to that individual Contractor would constitute nepotism or cronyism.

(2) Firms shall not be awarded contracts with the City when an owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with a City Official who may have some influence over the award or management of the contract , or when the award of a contract to a firm would constitute nepotism or cronyism.

DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557

(3) A City Official is prohibited from awarding contracts to any individual with whom he or she has a family relationship or consensual romantic and/or sexual relationship, or to any firm when a n owner, manager, senior member, principal, officer, or partner of the firm has a family relationship or consensual romantic and/or sexual relationship with the employee or official , or when to do so would constitute nepotism or cronyism.

The intent of this Section is to ensure that no conflict of interest, favoritism, or discrimination enters into the contracting practices of the City.

(b) Responsibility to Report a Violation of Regulations Against Contracting with Relatives or Contracts that Constitute Cronyism.

It is the responsibility of a City Official to report a violation of this Section . A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, or the City Attorney in the case of a violation by the City Manager, when he or she is aware of any of the following situations:

(1) When a person who has a family relationship or consensual romantic and/or sexual relationship with a City Official is being considered for the award of a contract to provide services to the City, and/or

(2) When a City Official has or develops a family relationship or a romantic and/or consensual sexual relationship with a person who has an existing contract to provide services to the City, and/or

(3) When the award of a contract would constitute nepotism or cronyism as defined in Section 2-3.402.

(c) Penalty for Failure to Report.

A City Official, other than an elected city official, who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.

An elected official who knows or should know that a person with whom he or she has a family relationship or consensual romantic and/or sexual relationship is being considered for or has been awarded a contract with the City in violation of this Section and fails to report the violation, is subject to censure.

A Contractor who has a contract with the City or who seeks a contract with the City and fails to report that a person with whom she or he has a family relationship or consensual romantic and/or sexual relationship is employed by the City or is a City Official, or that the award of the contract constitutes cronyism in violation of this Section, may have his or her contract terminated and may be precluded from being awarded any future contracts with the City.

DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557 DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557 ORDINANCE NO. 534

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING HERCULES MUNICIPAL CODE TITLE 2, BY ADDING A NEW ARTICLE 5 (CHAPTER 2-3.5) ENTITLED, “CITY CONTRACTOR EQUAL PAY ACT COMPLIANCE ”, TO PROVIDE A

LOCAL MEANS OF DETERMINING WHETHER ENTITIES CONTRACTING WITH

THE CITY OF HERCULES ARE IN COMPLIANCE WITH THE REQUIREMENTS OF

THE CALIFORNIA EQUAL PAY ACT
WHEREAS, the California Equal Pay Act was originally enacted to prohibit an employer from paying its employees less than employees of the opposite sex for equal work; and WHEREAS, in 2015, Governor Jerry Brown signed the California Fair Pay Act, which strengthened the California Equal Pay Act and signaled California’s commitment to achieving real gender pay equity; and
WHEREAS, since 2015 there have been additional amendments to the California Equal Pay Act; effective January 1, 2017, Governor Brown signed a bill that added race and ethnicity as protected categories so that the Act now prohibits paying employees less than employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work; and WHEREAS, the protections, procedures, and remedies relating to race- or ethnicity-based claims are now identical to the ones relating to gender; and
WHEREAS, in addition, employers are prohibited from using prior salary to justify any sex -, race-, or ethnicity-based pay difference; and
WHEREAS, while the State of California has amended the Equal Pay Act to eliminate loopholes and expand its protections, there is no mechanism for a local agenc y to determine whether contractors or firms who seek to contract with the local agency are in compliance with the requirements of the Equal Pay Act; and
WHEREAS, recent salary studies have shown that women continue to be paid less than men for the same line of employment; and
WHEREAS, recent salary studies have verified that similarly qualified Black, Asian, and Latinx women continue to earn less on average than their white counterparts; and WHEREAS, anecdotal evidence suggests that the COVID -19 pandemic has disproportionately impacted women, especially women of color.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. Amendment. That the City Council of the City of Hercules does hereby AMEND the Hercules Municipal Code to ADD Title 2, Chapter 3, Article 5, to read as follows:
“Article 5. City Contractor EQUAL PAY ACT Compliance
Sec. 2-3.501 Purpose.

In adopting this Article, it is the intent of the City Council to provide a local means of determining whether entities contracting with the City are in compliance with the California Equal Pay Act.

The regulations established by this Article shall apply to all individuals or firms who provide services to the City as independent contractors or paid consultants.

Sec. 2-3.502 Definitions.
“City” as used herein shall mean the City of Hercules, California. “City Officials,” for the purposes of this Article, means City elected officials, City appointed officials, and City employees, including all individuals who are employed by the City Manager, City Attorney, and City Clerk, as well as all employees of City agencies and departments.
“Contractor” means any individual or firm providing or proposing to provide material, equipment, or services to the City as an independent contractor or consultant.

Sec. 2-3.503 Requiring Equal Pay Act Compliance in Public Contracting. (a) Statement of Policy. It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, and professional or other services to contractors that are not in compliance with the requirements of the California Equal Pay Act. The awarding of a contract or the approval of payments or expenses under a contract DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557 by a City Official, to a person or entity that has not complied with the reporting requirements of this Article, is regarded as a violation of this Section.

It is therefore the City’s policy to prohibit awarding City contracts, according to the guidelines below:
(1) A contractor shall not be awarded a contract with the City when the contractor has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years.
(2) A firm shall not be awarded a contract with the City when an owner, manager, senior member, principal, officer, or partner of the firm has been determined to have violated the Equal Pay Act at any time within the preceding five (5) years. (3) A City Official The City Manager is prohibited from approving the awarding of a contract to a contractor who refuses to comply with the requirement to provide an acknowledgment of Equal Pay Act compliance pursuant to Section 2-3.506.

The intent of this Section is to ensure that no discrimination against individuals or groups protected under the California Equal Pay Act enters into the contracting practices of the City.
(b) Responsibility to Report a Violation of Contractor Equal Pay Act compliance requirements. It is the responsibility of City Officials to report a violation of this Section.

A City employee must notify his or her supervisor, and an elected or appointed official must notify the City Manager, when he or she is aware of any of the following situations:
(1) When a contractor has been found to be in violation of the Equal Pay Act and is being considered for the award of a contract to provide services to the City; and/or (2) When a City Official becomes aware of a contractor with an existing contract to provide material, equipment or services to the City is found to be in violation of the Equal Pay Act.
(c) Penalty for Failure to Report. A City Official who knows or should know that a contractor is being considered for or has been awarded a contract with the City in violation of this Article, and fails to report the violation, is subject to discipline, including, but not limited to, suspension or termination.

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557 (d) A contractor with a contract with the City or who seeks a contract with the City and fails to report a violation of the Equal Pay Act or is otherwise not in compliance with requirements of this Article may have his or her contract terminated and may be precluded from being awarded any future contracts with the City.

Sec. 2-3.505 Penalties Not Exclusive.

The penalties provided under this Article are not exclusive, and do not preclude punishment under any other applicable provision of law.

Sec. 2-3.506 Notice and Acknowledgment.
(a) The requirements of this Article shall be acknowledged by all contractors, on a form developed by the City Attorney and provided to contractors by the City Clerk. No contract shall be entered into without submission of the required acknowledgment form. (b) All contractors, and all prospective contractors, shall be notified in writing of the requirements of this Article at the time the City issues a request for proposals or qualifications, and prior to entering into an agreement.” SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phr ase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 4. Effective Date and Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 13 th day of July, 2021, and was passed and adopted at a regular meeting of the Hercules City Council on the 27th day of July, 2021, by the following vote:

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557 AYES:

NOES:

ABSENT:

ABSTAIN:

Chris Kelley, Mayor
__________________________________________
Lori Martin, MMC
Administrative Services Director / City Clerk
COUNCIL MEMBERS: T. Grimsley, D. Romero, A.Walker-Griffin, Vice Mayor D. Bailey, Mayor C. Kelley.

None.

None.

None.

DocuSign Envelope ID: 6377961B-C5E9-4CBB-B346-030C1DD7589C DocuSign Envelope ID: 83E71697-5A93-4631-8A2E-F18EE53A6557