Agenda Packet — Hercules City Council, March 14, 2023

Tuesday, March 14, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 881 2554 7635
Zoom Passcode: 141370
Zoom Phone Number: 1-669-900-6833
1 March 14, 2023City Council Meeting Agenda
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL

NO CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

NO CLOSED SESSION
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL [7:00 P.M.] V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-473
Acknowledgement of the Lupine Hills Elementary School Spelling Bee Participants

2. 22-482 PROCLAMATION DECLARING MARCH 2023 PRESCRIPTION DRUG

ABUSE AWARENESS MONTH
PDA Month ProclamationAttachments:

IX. AGENDA ADDITIONS/DELETIONS

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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
XII. CONSENT CALENDAR

1. 22-481
Meeting Minutes for the Regular Meeting on February 28th, 2023 Meeting Minutes for the Regular Meeting on February 28th, 2023Attachments:

2. 22-469 2022 Annual Housing Element Progress Report
RECOMMENDATION: Accept via minute action the annual Housing Element Progress Report for the 2022 calendar year and direct staff to submit the report to the appropriate state and regional agencies.

Staff Report- 2022 Housing Element Annual Report
Attach 1- 2022 Housing Element Annual Progress Report
Attachments:

3. 22-472 Resolution Approving the Continuance of an Annual Parcel Assessment to be Adopted by the County Flood Control District for the Contra Costa Clean Water Program for FY 23-24
RECOMMENDATION: Approve a resolution approving the continuance of the parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU) for FY 2023-2024 and requesting the Contra Costa County Flood Control and Water Conservation District adopt this annual parcel assessment for drainage maintenance and the National Pollution Discharge Elimination System (NPDES) Program.

Staff Report- FY 23-24 Annual Stormwater Assessment
Attach 1- Resolution - 2023-20242 Annual Stormwater Assessment Attach 2- County Request for Assessment Resolution
Attach 3- Clean Water Program Cost Allocation by City
Attachments:

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3 March 14, 2023City Council Meeting Agenda

4. 22-474 Tripepi Smith Contract Amendment
RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving the first amendment to an agreement with Tripepi Smith for $29,000 to continue to provide professional services described in Attachment A of the original contract.

Staff Report- Tripepi Smith Contract Amendment
Attach 1- Resolution
Attach 2- 22-051_Tripepi Smith_General Communication Amendment 1 Attach 3- 22-051_Tripepi_Smith_General_Communications_Agreement Attach 4- 22-013_-_Tripepi_Smith_-_Election_Opinion_Poll_Services_Agreement Attachments:

XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-475 Direction to Staff Regarding Community Choice Energy and MCE RECOMMENDATION:

1. Receive a presentation from City and MCE staff;

2. Ask any questions;

3. Take public comment; and

4. Provide direction to staff on whether to pursue joining MCE in 2023 Staff Report- Community Choice Energy and MCE
Att 1- PG&E-MCE Joint Rate Comparisons
Att 2- MCE Rate Sheet
Att 3- MCE JPA Agreement
Att 4- MCE Voting-Shares
Presentation- MCE Presentation
Attachments:

2. 22-476 EV Charging at City Facilities
RECOMMENDATION:

1.Receive an informational update from staff and Electric Vehicle Charging Services, Inc. (EVCS) regarding their Charging as a Service model and Bay Area Air Quality Management District (BAAQMD) Charge! grant application;

2.Ask any questions;

3.Take public comment; and

4.Provide any direction to staff regarding next steps.

Staff Report- EV Charging
Attach 1- EV Charging Grants
Presentaition- EVCS Presentation
Attachments:

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4 March 14, 2023City Council Meeting Agenda

3. 22-477 Renewal and Amendment of a Maintenance and Reimbursement Agreement with San Francisco Bay Area Rapid Transit (BART) and Western Contra Costa Transit Authority (WestCat) for the Hercules Transit Center
RECOMMENDATION: The City Council adopt a resolution approving a Maintenance and Reimbursement Agreement with San Francisco Bay Area Rapid Transit (BART) and Western Contra Costa Transit Authority (WestCat) for the Hercules Transit Center and authorizing the City Manager to execute the agreement on behalf of the City Council.

Staff Report- HTC Maintenance Agreement
Attach 1 - Resolution - HTC Maintenance Agreement
Attach 2- 17-068 - BART & WCCTA - Maintenance and Reimbursement Agreement Attach 3- 2023 Maintenance and Reimbursement Agreement
Attachments:

5. 22-478 Fourth of July Celebration Show
RECOMMENDATION: That the City Council receive information on the status of the Fourth of July Celebration scheduled for July 4, 2023, and approve a fireworks celebration with or without partnership of the City of Pinole.

Staff Report- Fourth of July CelebrationAttachments:

6. 22-479 Special Events Update
RECOMMENDATION: In July of 2022, the Hercules City Council approved an agreement with the Bayfront Chamber of Commerce to produce (4) four special events during the 2022-23FY including National Night Out Bay Front Festival and Run, Bottles and Bites, and the Hercules Cultural Festival. The agreement specified the City would contribute $35,000 to assist the Chambers efforts to run these events. Staff is providing an update to the City Council on the status of these events.

Staff Report- Special Events Update
Attach 1- Proposal - Special Events FY22-23 - 7-19-22
Attach 2- National Night Out Recap -8-12-22
Attach 3- Bay Front Festival and Run-10-13-22
Attach 4- Bottles & Bites flyer- 3-26-23
Attach 5- Cultural Festival flyer- 6-4-23
Attachments:

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5 March 14, 2023City Council Meeting Agenda

7. 22-471 Members of the City Council Compensation Report Recommendation: Receive a report on total City compensation for the Council members (Attachment 1).

Staff Report- City Council Compensation Report
Attach 1- City Council Monthly Pay & Benefits
Attach 2- Res 11-119 Terminate PERS Benefit
Attach 3- Res17-054 Reinstating Limited Health Care Benefits 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.

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, March 28, 2023 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) 799-8208 (Posted: March 9, 2023)

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6 March 14, 2023City Council Meeting Agenda

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.

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7 March 14, 2023City Council Meeting Agenda
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) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez City Clerk at [email protected] or by calling (510) 799-8208.

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.

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8 March 14, 2023City Council Meeting Agenda

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.

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9 March 14, 2023City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: 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 510-799-8208 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, 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.

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10 PROCLAMATION
DECLARING MARCH 2023 PRESCRIPTION DRUG ABUSE AWARENESS MONTH

WHEREAS, When used as prescribed by a doctor, prescription medicines such as stimulants, sedatives and opioids can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences 1; and

WHEREAS, Many prescription drugs can alter a person’s thinking and judgment, and can lead to health risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy 2; and

WHEREAS, Anyone who takes prescription opioids can become addicted to them. In fact, as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with opioid use disorder (OUD) 3;

WHEREAS, Prescription opioid overdose deaths also often involve benzodiazepines. Benzodiazepines are central nervous system depressants used to sedate, induce sleep, prevent seizures, and relieve anxiety. The Centers for Disease Control and Preventi on (CDC) recommends avoiding taking benzodiazepines while taking prescription opioids whenever possible due to the risk of overdose3; and

WHEREAS, In 2021 in Contra Costa County there were 498,097 opioid prescriptions given to patients which is an age-adjusted rate of 349.6 per 1,000 residents, higher than the state rate of 321.7 4; and

WHEREAS, In 2021, a total of 21,016 emergency department visits occurred in California that were related to any opioid overdose and 341 of those visits occurred in Contra Costa County4; and WHEREAS, According to the Center for Disease Control (CDC), 106,699 drug overdose deaths occurred nationally in 2021, 80,411 were from opioids5 and 183 of those opioid related overdose deaths occurred in Contra Costa C ounty4; and

WHEREAS, Synthetic opioids other than methadone (primarily fentanyl) and stimulants such as methamphetamine were the main drivers of drug overdose deaths in the U.S. in 2021 5 ; and

WHEREAS, To help prevent substance use disorder and overdose deaths, the Hercules City Council encourages community members to dispose of their expired and unwanted prescription drugs throughout the year and safely store those still needed; and

WHEREAS, The Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages all community members in the county to participate in Prescription Drug Abuse Awareness Month activities to raise prescription drug safety awarenes s.

THEREFORE, BE IT PROCLAIMED THAT the City of Hercules does hereby declare March 2023 as Prescription Drug Abuse Awareness Month, and encourages all citizens to participate in prescription drug abuse related prevention programs and activities . Be it further proclaimed that the Hercules City Council encourages all community members to pledge to, “Spread the Word… One Pill Can Kill”.

1 https://www.drugabuse.gov/drug-topics/prescription-medicines 2 https://www.drugabuse.gov/drug-topics/commonly-used-drugs-charts#prescription-opioids 3 https://www.cdc.gov/opioids/basics/prescribed.html
4 https://skylab.cdph.ca.gov/ODdash/?tab=CTY
5 https://nida.nih.gov/research-topics/trends-statistics/overdose-death-rates

11 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, Acting City Clerk
7:00 PMTuesday, February 28, 2023
In-Person in Council Chambers or
Zoom ID: 840 0477 0714
Zoom Passcode: 399795
Zoom Phone Number: 1-669-444-9171
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL
NONE

NO CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

NO CLOSED SESSION
IV. REGULAR MEETING – RECONVENE TO OPEN SESSION- ROLL CALL [7:00 P.M] Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -

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12 February 28, 2023City Council Meeting Minutes
V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION
NONE

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449.

VI. PLEDGE OF ALLEGIANCE
Pledge of Allegiance was lead by Council Member Kelley.

VII. MOMENT OF SILENCE

NO MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
NONE
IX. AGENDA ADDITIONS/DELETIONS
City Manager, Dante Hall had no additions or deletions.

X. PUBLIC COMMUNICATIONS
NONE
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.

XI. PUBLIC HEARINGS-NONE
NONE

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13 February 28, 2023City Council Meeting Minutes
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Vice Mayor Romero, to adopt the Consent Calendar . The motion carried by the following vote:

Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Aye: 5 -

1. 22-470 Meeting Minutes for the Regular Meeting on February 14th, 2023 Meeting Minutes for the Regular Meeting on February 14th, 2023Attachments:

APPROVED

2. 22-464 Lot Line Adjustment 22-02 for Sycamore Crossing for Lots 1 and 2 of Parcel Map MS 476-97 (APNs 404-020-094 & 404-020-095)
Recommendation: Adopt a Resolution approving Lot Line Adjustment 22-02 for Sycamore Crossing to facilitate development of the approved hotel
Staff Report- Sycamore Crossing Hotel LLA 22-02
Attach 1- Resolution -Sycamore Crossing Hotel LLA 22-02 Attach 2 - Legal Description
Attach 3 - LLA Mapping Exhibit
Attachments:

APPROVED- Resolution 23-011
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-465 Sycamore Crossing Developer Update
Recommendation: Receive a report from project developers on project development and ask any questions.

Staff Report- Sycamore Crossing Developer Update
Presentation-Sycamore Crossing
Attachments:

Representatives from Lewis Group of Companies and Hercules Hospitality LLC presented. Council Members provided comment. Todd Chambers and Bill Herrick provided a response. Public Works Director, Mike Roberts also provided comment. No action was taken.

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14 February 28, 2023City Council Meeting Minutes

2. 22-467 Continuation of Yiftee Digital Gift Card Program Recommendation: Staff recommends that the City Council adopt a resolution approving the first amendment to the Yiftee Digital Gift Card program to add an additional $75,000
Adopt a resolution approving a Budget Amendment to increase the budget by $75,000 for this contract funded by American Rescue Plan Act (ARPA) fund.

Staff Report-Yiftee Gift Card Program
Attach 1 - Resolution
Attach 2 - First Amendment to the Original Agreement
Attach 3 - Original Agreement
Attachments:

Financial Director, Edwin Gato Presented. Council Members provided comment.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to adopt Resolution 23-010. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

3. 22-466
Update on the City of Hercules Public Works Department
Recommendation: Receive an update on the City of Hercules Public Works Department
Staff Report- Public Works Council Update
Presentation- Public Works Updates
Attachments:

Public Works Director, Mike Roberts gave a presentation on the Public Works Department. The presentation included a historical background, description and current status of the two divisions; Maintenance and Operations and Engineering. Staff that was present in the audience was introduced. He provided an update on current projects and projections for the future. Council Members provided comment and expressed their appreciation for the Public Works Department. Mike Roberts and City Manager, Dante Hall, provided further clarification to questions and comments made by Council Members. No action was taken.

XIV. PUBLIC COMMUNICATIONS
NONE
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.

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15 February 28, 2023City Council Meeting Minutes
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
City Manager, Dante Hall, reported on the Parks Master Plan community out reach and advertised the Spring Into Wellness Fair coming up at the Senior Center. City Attorney, Patrick Tang, had nothing to report.

Regional Committees:

Council Member Kelley- Reported on the Contra Costa Transportation Authority(CCTA) Meeting. She gave an update on their reorganization and some ceremonial items that took place. CCTA received 28.9 million in a grant, "Safe Streets for All", from the US Dept of Transportation for different projects. She also attended WCCTAC meeting.

Council Member Bailey- Attended the West Contra Costa Transportation Advisory Committee(WCCTAC) meeting. Reported on the West County Action Plan- A draft plan on bus, bike, rail and vehicle traffic going forward.

There was also communication from BARTregarding rail to San Pablo and whether this should be included in the plan. The last item discussed was amending the Joint Powers Agreement. Clarifying language of the agreement. The discussion also included Directors on the board possibly getting paid a stipend. No action was taken on the item at the meeting.

Vice Mayor Romero- Waste Water Subcommittee agreed not to meet and just received a verbal report. Overall everything is running well.

Mayor Walker-Griffin- Attended the West County Mayors and Supervisors meeting. It was the first meeting of the year.

Community Events-
Council Members attended a variety of community events locally and throughout Contra Costa County. They gave a brief description and update on what took place.

Future Agenda Items-
Council Member Bailey- To discuss raising the Pride flag and the

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16 February 28, 2023City Council Meeting Minutes
Juneteenth flag for the month of June. Due to the way the policy is written, the item has to be raised by a Council Member every year. City Attorney, Patrick Tang, will research the exact procedure that was voted on in the past and report back.

XVI. ADJOURNMENT
The meeting was adjourned by Mayor Walker-Griffin at 8:48 P.M. _________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, Acting City Clerk

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17 STAFF REPORT TO THE CITY COUNCIL

DATE: March 14, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood AICP, Community Development Director SUBJECT: 2022 Annual Housing Element Progress Report
RECOMMENDED ACTION:

Accept via minute action the annual Housing Element Progress Report for the 2022 calendar year and direct staff to submit the report to the appropriate state and regional agencies.

BACKGROUND:

Government Code Section 65400 requires each local government to complete a Housing Element Annual Progress Report (APR) on the status and progress in implementing the jurisdiction’s Housing Element of the General Plan, using forms and definitions adopted by the Department of Housing an d Community Development (HCD). Each jurisdiction must submit its APR to HCD and the Office of Planning and Research (OPR) by April 1 each year. Cities and counties with a compliant housing element and up -to-date submissions of APRs gain access to SB 2 Building Homes and Jobs Act funds.

Prior to 2019, all information was only based on when a building permit was issued.

Beginning with the 2019 calendar year, additional information was required to meet SB 35, including the number of housing units receiving all discretionary entitlements, building permits, and certificates of occupancy. Other APR reporting requirements include AB 83 (mobile home park preservation), AB 1255 (surplus land reporting), and AB 101 [Local Early Action Planning (LEAP) grant reporting], and other information such as financial assistance programs (HEAP: Homeless Emergency Aid Program; HHAP:

Homeless Housing, Assistance and Prevention Program; and HKEY: Homekey).

18 For the 2022 calendar year, additional information was required in accordance with AB 757, SB 290 and SB 9, including reporting of above moderate-income units converted to moderate-income units pursuant to Government Code 65400.0, reporting of units constructed pursuant to Government Code 65852.21, reporting of lot splits pursuant to Government Code 66411.7 and reporting of density bonus for low-income student housing developments pursuant to Government Code 65915(b)(1)(F).

Government Code Section 65400 requires that the Annual Progress Report be provided to the City Council by April 1 of each year. In the Bay Area, copies of the approved report are also forwarded to Association of Bay Area Governments (ABAG) and Contra Costa Transportation Authority (CCTA) as well.

The City Council may accept the report via minute action instead of by Resolution.

ANALYSIS:

Attached is the draft Hercules 2022 Annual Housing Element Progress Report as part of the 2015–2023 Housing Element cycle.

The annual report defines how many new residential units were c onstructed in the reporting period, broken down by income levels, and then compares this information to the regional housing needs allocation (RHNA) assigned to the City for the entire Housing Element period (2015 –2023). The report also looks at the City’s housing policies and reports on the progress in achieving those goals.

Table A2 in the Annual Housing Report for 2022 requires the reporting of the following for every housing unit:
 When entitlements are approved;
 When building permits are issued;
 When certificates of occupancy are approved;
 Affordability of all units in any phase of development;  Additional information regarding other ancillary information.

Key housing information for 2022 reflected in the report includes:
 Table A: Three (3) Accessory Dwelling Unit applications for housing were submitted in 2022.
 Table A2: Received entitlement, building permit or certificate of occupancy, including:
o Skelly housing project received entitlements to construct one (1) moderate-income deed restricted, one (1) low-income deed restricted and thirty-eight (38) above moderate-income single-family homes. o Three (3) accessory dwelling units received building permits. 19 o Three (3) accessory dwelling units received building final/certificate of occupancy.
 Table B: Progress on Regional Housing Needs Allocation (RHNA) for 2015–2023 housing cycle:
o 516 above-moderate affordable (i.e., market rate units) built, 272 units above RHNA of 244 units;
o 217 moderate affordable units (i.e., affordable at up to 120% of area median income), 117 units above RHNA of 100 units;
o 16 low affordable units (i.e., affordable at up to 80% of area median income), 112 units short of RHNA of 118 units;
o Zero (0) very low affordable units (i.e., affordable at up to 50% of area median income), 220 units short of RHNA of 220 units.
 Table C: No sites identified or rezoned to accommodate additional housing.  Table D: Progress on implementing various goals and programs of the Housing Element (limited given the dissolution of redevelopment, lack of funding for housing activities, and lack of staffing).
 Table E: No commercial development bonuses approved.
 Table F: No affordable units rehabilitated, preserved, or acquired.  Table G: No City-owned land sold, leased, or otherwise disposed.  Table H: No City-owned surplus lands.
 Table I: No dwelling units or lot splits pursuant to Senate Bill 9  Table J: No lower income student housing.
 LEAP Reporting: Local Early Action Planning grant received. o City received REAP grant award of $20,000 and LEAP grant award in 2021 of $150,000 to apply towards the update of the Housing Element for next Housing Cycle (2023–2031).

FISCAL IMPACT:

No direct financial impact of filing the annual housing report; however, failing to file the annual housing report can negatively impact the potential receipt of various grant and regional funds.

ATTACHMENTS:

Attach 1 - 2022 Housing Element Annual Progress Report

20 Jurisdiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
12_28_22
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
111 Civic Drive
Hercules
94547
Please Start Here
General Information
2022
Hercules
Contact Information
Timothy
Rood
Community Development Director
[email protected]
5107998251
Mailing Address
Annual Progress Report January 2020
21 Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you the login information for
your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at
[email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
22 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 3 3 0 0 404-480-065 2033 Railroad Ave BIR21-012517 ADU O 1/24/2022 1 1 No No 406-343-002 2081 Lupine Road BIR22-001457 ADU O 6/15/2022 1 1 No No 406-293-004 151 Daisy Court BIR22-02395 ADU O 4/12/2022 1 1 No No 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
23 Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 1 0 1 0 38 40
362-340-052 148 Bonaire Ave BIR20-011540 ADU O 0
404-480-067 2045 Railroad BIR21-007346 ADU O 0
362-320-028 296 Carson BIR21-008434 ADU O 0
404-020-012 215 Skelly FPDP#22-01 SFD O 1 1 38 9/27/2022 40 404-480-065 2033 Railroad Ave BIR21-012517 ADU O 0
406-343-002 2081 Lupine Road BIR22-001457 ADU O 0
406-293-004 151 Daisy Court BIR22-02395 ADU O 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 24 Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 0 3 3
362-340-052 148 Bonaire Ave 0
404-480-067 2045 Railroad 0
362-320-028 296 Carson 0
404-020-012 215 Skelly 0
404-480-065 2033 Railroad Ave 1 1/24/2022 1
406-343-002 2081 Lupine Road 1 6/15/2022 1
406-293-004 151 Daisy Court 1 4/12/2022 1
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 7
Project Identifier Affordability by Household Incomes - Building Permits 25 Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 3 3
362-340-052 148 Bonaire Ave 1 4/26/2022 1
404-480-067 2045 Railroad 1 5/6/2022 1
362-320-028 296 Carson 1 5/2/2022 1
404-020-012 215 Skelly 0
404-480-065 2033 Railroad Ave 0
406-343-002 2081 Lupine Road 0
406-293-004 151 Daisy Court 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
26 Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 0 0
362-340-052 148 Bonaire Ave N
404-480-067 2045 Railroad N
362-320-028 296 Carson N
404-020-012 215 Skelly 0 N Y INC 55
404-480-065 2033 Railroad Ave 0 N
406-343-002 2081 Lupine Road 0 N
406-293-004 151 Daisy Court 0 N
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density BonusProject Identifier 27 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 1 - - 15 - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - 217 - - - - Above Moderate 244 - 190 30 41 227 17 4 4 3 - 516 - 682
- 190 31 41 227 249 4 4 3 - 749 322 5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date
Total Units
Remaining
110 - - - - - - - - - - 110 102
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
217
Moderate
220
118
100
Please contact HCD if your data is different than the material supplied here 16 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
220
28 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
29 Jurisdiction Hercules
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1a: Section 8
Housing Choice Vouchers
Program 1a: Section 8 Housing Choice
Vouchers Ongoing Activity of the Housing Authority of the County of Contra Costa, as the City of Hercules is not a designated Successor Housing Agency.

Program 1a: Section 8
Housing Choice Vouchers
Assist the County in advertising this
program through the City web site,
public counters, and bulletin boards in
order to meet the HUD requirements that
70% of new Section 8 vouchers be used
by extremely-low-income households.

Ongoing
Since the dissolution of the Redevelopment Agency (RDA), the City's web site has been modified to remove all RDA components. The City's web site has been revamped to provide a link to the Housing Authority's web site and its online database of currently available housing. Have not yet received hard copy materials from Housing Authority or other agencies.

Program 1b: Affordable
Housing Development
Incentives and Outreach
Maintain a list of interested and qualified
affordable housing developers. Actively
and annually publicize to affordable
housing developers the opportunities to
develop affordable housing in Hercules,
available incentives, and financing
options provided by the City or other
agencies.

Annual
During the public hearing process through which the City adopted its current Housing Element in 2015, the City contacted non-profit housing developers. Since then, there has not been separate outreach regarding affordable housing development opportunities, as the City does not have funding incentives or financing options available.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
30 Program 1b: Affordable
Housing Development
Incentives and Outreach
Utilize State and Federal assistance
programs, such as HOME, LIHTC, and
CHFA funds, on an ongoing basis to the
fullest extent possible to develop
affordable lower income housing for
seniors, families, and persons with
disabilities, including persons with
developmental disabilities. Support
funding applications by developers if the
proposed projects are consistent with
the goals and policies of the City's
General Plan. Annually, the City will
pursue funding opportunities.

Ongoing No funding opportunities were sought due to lack of City staffing, and no developers contacted the City to support funding applications in 2022.

Program 1b: Affordable
Housing Development
Incentives and Outreach
Work with developers in the Central
Hercules Plan area and other areas of
new development on an ongoing basis
to ensure that the City's housing goals
of providing a wider mix of housing
types and affordability levels are
achieved. The City will provide
incentives, including density bonus,
expedited processing, and flexible
development standards to encourage a
variety of housing in the community,
including projects that set aside units
for households with extremely low
incomes. With limited funding available,
the City anticipates only a goal of eight
affordable units.

Ongoing
City responded to inquiries regarding the potential to develop single-family, multi- family, and/or senior housing at Lavender Place and Skelly, as well as at the Waterfront/Bayfront and Hilltown area. The City worked with Sycamore Crossing and Hilltown area projects to extend previously approved entitlements.

Program 1c: Density
Bonus Program
Continue to monitor the effectiveness of
the Density Bonus program and provide
technical assistance to developers in the
use of the City's program.

Ongoing No developers pursued density bonuses for residential projects, and therefore the use of the density bonus program was not applicable.
31 Program 1d: Extremely
Low Income Households
Explore incentives to encourage
developers to include units affordable to
extremely low income households,
including but not limited to additional
density or floor-area ratio increases,
flexible development standards (such as
parking, height limit) and priority
processing. The objective is to create
three affordable units for extremely low
income households over the planning
period.

Ongoing See Programs 1b and 1c.

Program 1d: Extremely
Low Income Households
Explore incentives to encourage
developers to include units affordable to
extremely low income households,
including but not limited to additional
density or floor-area ratio increases,
flexible development standards (such as
parking, height limit) and priority
processing. The objective is to create
three affordable units for extremely low
income households over the planning
period.

Ongoing No opportunities to offer such incentives occurred in 2022.

Program 2a: Code Continue to implement the code Ongoing The City has one part-time code enforcment officer who investigates code complaints, issues violations, and does some basic, pro-active code enforcement.

Program 2a: Code
Enforcement
Continue installation of automatic gas
shut-off valves to improve resident
safety.

Ongoing
This program continues to be implemented as every house that is sold or permitted for improvements exceeding $25,000 is required to have an automatic gas shut-off valve installed. In 2022 the City adopted an All-Electric Ordinance, requiring specific new buildings to be built without natural gas lines.

Program 2a: Code
Enforcement
Continue referring code compliance
violations to available residential
rehabilitation programs to bring those
homes up to standards.

Ongoing
Since the dissolution of the Redevelopment Agency (RDA), the City's web site has been modified to remove all RDA components. The City's web site has been revamped to provide a link to the Housing Authority's web site and its online database of currently available housing.
32 Program 6a: Energy
Conservation
Promote mixed-use/transit-oriented
development that provides opportunities
for energy conservation.

Ongoing
In 2022, the City approved entitlement extentions for the Hill Town project, comprising 598 multi-family units and 4,000 square feet of retail, and the Sycamore Crossing project, comprising of 29,511 square feet of retail commercial, a 105 room hotel, and 120 attached residential dwellings units within 1/2-mile of the existing bus transit center and less than one mile from the future Hercules Hub.

Program 6a: Energy
Conservation
Encourage developers to exceed the
California Green Building Code
requirements in incorporating energy
conservation features and techniques.

Ongoing
In 2022, the City Council adopted an All-Electric Ordinance requiring specific new buildings to be constructed without natural gas lines, exceeding the California Building Code requirements for such buildings.

Program 2b: Foreclosure
Prevention Assistance
Advertise the program through City
website and provide brochure at public
counters.

Program 2c: Owner-
Occupied Single-Family
Residential Rehabilitation
Advertise the program through City
website and provide brochure at public
counters.

Program 3a: Provision of
Adequate Sites
Continue to pursue/implement the
projects on available sites as outlined in
Table 46. Monitor the City's progress in
meeting the RHNA and work with
developers to achieve an income
distribution that meets the City's
remaining RHNA units.

Ongoing
Catalyst Housing Group in partnership with CalCHA and support from the City purchased Bayfront Block N consisting of 172 units multi-family units to be deed restricted 'middle income" housing (80% AMI). Bayfront Blocks Q & R recieved a permanent certificate of occupancy, for 232 market-rate and 15 "low income" affordable multi-family units.

Program 3a: Provision of
Adequate Sites
Update the City's sites inventory every
two years to monitor the consumption of
residential and mixed-use properties
and continued ability to fulfill the RHNA.
2015, and every two years
thereafter
The residential sites inventory was updated in 2015 with the update of the 2015- 2023 Housing Element. No properties were rezoned for residential in 2022. 33 Program 3a: Provision of
Adequate Sites
Encourage sustainable development
patterns by continuing to offer
reductions in Traffic Facilities Impact
Fees for projects that are located within
one-half mile of a transit station and for
mixed-use projects where 50% or more
of the building space is used for
residential purposes. Offer Traffic
Facility Fee reductions to mixed-use
projects, subject to funding availability.

Ongoing
In 2022, the City updated impact fees for transportation facilities. Certain projects may qualify for lower impact fees for Traffic Facilities based on the project's consistency with Section 66005.1 of the Mitigation Fee Act. Qualifying factors include, but are not limited to, proximity and access to transit and the amount of residential space and parking provided on-site. Reduced Traffic Facilities impact fees are negotiated and approved through a Development Agreement by the Office of the City Manager.

Program 4a: Development
Standards and Procedures
Annually review the development
standards, fees, and procedures and
make adjustments as appropriate and
legally feasible to encourage the
development of a variety of housing in
the community.

Ongoing In 2022, the City adopted a Senate Bill 9 Ordinance to ensure consistency with recently enacted State of California laws (ordinance adopted in May 2022).

Program 5a: Fair Housing
Continue to support the County and
refer any complaints and inquiries to the
County for resolution and services.

Program 5a: Fair Housing
Advertise fair housing services of the
County at public counters, through the
City website, and at various community
locations, including the City Library,
Community Centers, and Senior Center.

Program 5b: Reasonable
Accommodation
Advertise the program through City
website and provide brochure at public
counters.

Program 5b: Reasonable
Accommodation
Provide technical assistance regarding
the application requirements and
procedures to persons/entities seeking
reasonable accommodation.

Ongoing Community Development Department staff address questions as they come up. 34 Program 5b: Reasonable
Accommodation
Within one year of the Housing Element
adoption, revise the Reasonable
Accommodation Ordinance to remove
the primary residence requirement,
thereby allowing the application of
reasonable accommodation to all
dwellings, including secondary homes.

Completed
The City Council on June 28, 2016, adopted Ordinance 496, approving Zone Amendment #ZA 16-02, which amended the City's Zoning Ordinance, Chapter 6 (Residential Districts) and Chapter 53 (Reasonable Accommodations for Persons with Disabilities) to clarify provisions of transitional/supportive housing in the RM- L zone as similar uses in the same zone.

Program 5c: Cooperation
with Contra Costa Health
Services Homeless
Program
Advertise the program through the City
website and provide brochure at public
counters.

Program 5c: Cooperation
with Contra Costa Health
Services Homeless
Program
Participate in County Homeless Program
biennial Point-in-Time count and
participate in other regional studies and
efforts in reducing homelessness.

Ongoing City did not participate in County's annual point-in-time count in 2022. 35 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
36 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
37 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
38 Jurisdiction Hercules
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
39 Jurisdiction Hercules Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 40 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report January 2020
41 Jurisdiction Hercules ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
42 Jurisdiction Hercules
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
3 3
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 40 0 0
2 to 4 0 0 0
5+ 0 0 0
ADU 0 3 3
MH 0 0 0
Total 40 3 3
3 3
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
43 Jurisdiction Hercules
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Housing Element consultant
initiation $1,000.00 $0.00
Local
General
Fund
Housing Element and document
assessment $5,000.00 $0.00
Local
General
Fund
Preliminary RHNA site
identification $9,000.00 $0.00
Local
General
Fund
Community engagement $22,000.00 $0.00
Local
General
Fund
Draft Housing Element $40,000.00 $0.00 REAP $20,000 REAP Grant Public review of draft Housing
Element $5,000.00 $0.00
Local
General
Fund
General Plan/Zoning consistency
analysis $7,000.00 $0.00
Local
General
Fund
Housing Element review &
adoption hearings $12,000.00 $0.00
Local
General
Fund
HCD review / coordination /
approval $6,500.00 $0.00
Local
General
Fund
Final Housing Element $2,500.00 $0.00
Local
General
Fund
CEQA document $40,000.00 $0.00
Local
General
Fund
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
38 40
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
3 3
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
3 3
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
In Progress
Completed
Completed
In Progress
Completed
Completed
In Progress

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Completed
Completed
44 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Resolution Approving the Continuance of an Annual Parcel Assessment to be Adopted by the County Flood Control District for the Contra Costa Clean Water Program for FY 23-24
RECOMMENDED ACTION:

Approve a resolution approving the continuance of the parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU) for FY 202 3-2024 and requesting the Contra Costa County Flood Control and Water Conservation District adopt this annual parcel assessment for drainage maintenance and the National Pollution Dischar ge Elimination System (NPDES) Program.

BACKGROUND:

The Contra Costa Clean Water Program was established in the early 1990s and provides stormwater permit coverage for the 20 member agencies under the NPDES Program administered by the San Francisco Regional Water Quality Control Board (RWQCB).

The Clean Water Program is governed by a Management Committee, which consists of a representative from each of the 20 public agency members, including Hercules. All revenue generated in the Hercules’ Stormwater U tility Area (SUA) is required to be expended in that district except for the contribution to the regional program, which is very cost effective due to economies of scale.

45 ANALYSIS:

Regional activities performed by the Flood Control District include negotiating the discharge permit with the RWQCB, providing training to member agencies, developing stormwater design standards, public education and outreach, and coordinating the activities of the member agencies. Hercules uses the local funding componen t for stormwater activities within the City including street sweeping, catch basin cleaning, and creek cleaning. The funding also pays for staff time spent administering these programs.

In order for the Flood Control District to adopt the assessments, each member agency is required to submit a certified resolution approving the assessment rate for the coming fiscal year.

FISCAL IMPACT:

The parcel assessment rate of $35.00 per Equivalent Runoff Unit (ERU), which is the rate charged to a single-family home, has been in effect in Hercules since the 1990s and will generate approximately $321,000 in revenues. A total of $78, 957 of this revenue is retained by the County Flood Control Distr ict and constitutes Hercules’ pro rata (by population) contribution for the County to administer the regional Clean Water Program activities on behalf of the 20 member agencies. The remaining $242, 043 is returned to Hercules, deposited into the Stormwater Fund, and is used for the local clean water activities mentioned above. This revenue will be included in the FY 23-24 Budget.

ATTACHMENTS:

Attach 1 – Resolution
Attach 2 – County Request for Assessment Resolution
Attach 3 – Clean Water Program Cost Allocation by City

46 HERCULES CITY COUNCIL
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING THE CONTINUANCE OF THE PARCEL ASSESSMENT RATE OF $35.00 PER EQUIVALENT RUNOFF UNIT (ERU) FOR FY 202 3-2024 AND REQUESTING THE

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION

DISTRICT TO ADOPT THIS ANNUAL PARCEL ASSESSMENT FOR DRAINAGE

MAINTENANCE AND THE NATIONAL POLLUTION DISCHARGE ELIMINATION

SYSTEM (NPDES) PROGRAM

WHEREAS, under the Federal Water Pollution Control Act, prescribed discharges of storm water require a permit from the appropriate California Regional Water Quality Control Board under the National Pollution Discharge Elimination System (NPDES) Program; and

WHEREAS, the City of Hercules, County of Contra Costa did apply for, and did receive, an NPDES permit which requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering storm waters; and

WHEREAS, it is the intent of the City of He rcules to utilize funds received from its Stormwater Utility Area (SUA) for implementation of NPDES program and drainage maintenance activities; and

WHEREAS, at the request of the City of Hercules, Contra Costa County Flood Control and Water Conservation District (District) has completed the process for formation of a SUA, including Stormwater Utility Assessment Drainage Ordinance 93-47; and

WHEREAS, the SUA and Program Group Costs Payment Agreement between the City of Hercules and the District requires t hat the City of Hercules determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) annually before May 1 of the forthcoming fiscal year.

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

1. The City Council hereby approves the continuance of the $35.00 rate per ERU for FY 202 3-2024 and requests the Contra Costa County Flood Control and Water Conservation District adopt an annual parcel assessment for drainage maintenance and the NPDES Program.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of March 2023, by the following vote of the Council:

47 AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Alex Walker-Griffin, Mayor
ATTEST:

Eibleis Melendez, City Clerk
48 January 11, 2023

Dear Management Committee Representative:

The Stormwater Utility Area (SUA) agreement between your municipality and the Contra Costa County Flood Control and Water Conservation District states that each municipality will set their annual Equivalent Runoff Unit (ERU) rate each year.

Please submit your two certified resolutions on or before April 3, 2023. Please send your certified resolutions to the following address:

Michael Taylor
CCC Flood Control & Water Conservation District
255 Glacier Drive
Martinez, CA 94553

Please note that although your municipality’s ERU rate may be at the maximum rate, each municipality must annually set their ERU rate.

Thank you to those municipalities that have already submitted their certified resolutions.

Please contact me if you have any questions at [email protected] or (925) 313-2023.

Sincerely,

Michael Taylor
Administrative Analyst

MT:cw
G:\FC_Accounting\SUA\02 - Annual Fee Adopt\FY 23-24\Request to MC for ERU Resolutions.docx By e-mail

c: Allison Knapp, Deputy Chief Engineer
Karin Graves, Contra Costa Clean Water Program
Andrea Bullock, Contra Costa Clean Water Program
Michelle Cordis, Flood Control
Shirley Lau, PW Finance Division
49 City/County/State January 1, 2021 January 1, 2022(1) Percent Prorata % of SUA Budget (3) Change Program (2) Allocation
CONTRA COSTA COUNTY 1,161,324 1,156,555 -0.41% 3,500,000$ ANTIOCH 115,142 115,074 -0.06% 9.95% 348,240$ BRENTWOOD 64,224 64,342 0.18% 5.56% 194,714$ CLAYTON 10,964 10,863 -0.92% 0.94% 32,874$ CONCORD 124,755 123,634 -0.90% 10.69% 374,145$ DANVILLE 43,373 43,352 -0.05% 3.75% 131,193$ EL CERRITO 25,671 25,650 -0.08% 2.22% 77,623$ HERCULES 26,357 26,091 -1.01% 2.26% 78,957$ LAFAYETTE 25,217 25,064 -0.61% 2.17% 75,849$ MARTINEZ 37,195 36,908 -0.77% 3.19% 111,692$ MORAGA 17,206 17,105 -0.59% 1.48% 51,764$ OAKLEY 43,627 44,533 2.08% 3.85% 134,767$ ORINDA 19,496 19,478 -0.09% 1.68% 58,945$ PINOLE 18,819 18,628 -1.01% 1.61% 56,373$ PITTSBURG 75,788 75,156 -0.83% 6.50% 227,439$ PLEASANT HILL 34,335 34,026 -0.90% 2.94% 102,970$ RICHMOND 114,643 114,489 -0.13% 9.90% 346,470$ SAN PABLO 31,793 31,510 -0.89% 2.72% 95,356$ SAN RAMON 84,226 83,820 -0.48% 7.25% 253,658$ WALNUT CREEK 70,566 69,891 -0.96% 6.04% 211,506$ UNINCORP. COUNTY 177,927 176,941 -0.55% 15.30% 535,464$ 100.00% 3,500,000$

1. Population estimate based on State of California Department of Finance (E-1) City/County projections- January 1, 2023.

Figures are updated in May of each year.

2. Percentages based on prorata of population.

3. SUA funds allocated for budget purposes, which by policy is set at $3.5M

CONTRA COSTA CLEAN WATER PROGRAM

GROUP COSTS METHODOLOGY & ALLOCATION
FOR FISCAL YEAR 2023/24
50 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Edwin Gato, Director of Finance

SUBJECT: Tripepi Smith Contract Amendment

RECOMMENDED ACTION:

Staff recommends that the City Council adopt a resolution approving the first amendment to an agreement with Tripepi Smith for $29,000 to continue to provide professional services described in Attachment A of the original contract.

EXECUTIVE SUMMARY:

On August 9, 2022, the City Council authorized the City Manager to execute an agreement with Tripepi Smith for $50,000 for General Communication Support in implementing effective strategies, plans, and tactics to better engage our community. In order to continue the ongoing effort to effectively engage and communicate with the residents of Hercules, staff recommends continuing services with Tripepi Smith to assist the City with communication strategies, media relations, and communication assessment that evaluates existing communication and engagement strategies for an additional $29,000.

BACKGROUND:

Enhancing media relations is crucial to be open and transparent with residents and the community since residents typically receive news from local media outlets rather than the City directly. By producing press releases and building relationships with reports, the City can ensure its message is amplified throughout the region. Continuing with Tripepi Smith will continue to benefit the City, its residents, and businesses by maintaining the following efforts:

 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, one-hour 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 and 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 51 action summary email about decisions made on the phone call and related action steps. Tripepi Smith will produce work, such as 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. This work also includes a review of council agendas to develop ideas for social media and press releases. Tripepi Smith will create up to two (2) posts per week for a month (or generally eight a month) and distribute them on up to five (5) platforms (e.g., Facebook, Instagram, Nextdoor).  News articles and press releases: Tripepi Smith can draft news articles, press releases, and 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 of the essential 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 our content resonates with our communities.

Tripepi Smith has been instrumental in the City’s growth of its subscribers and engagement. 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.

FISCAL IMPACT:

There are sufficient funds in the City Manager’s budget to absorb the costs. Funds are available in the General Fund under expenditure account #100-4115-611.40-00 for this proposed first amendment to the existing agreement. The proposed first amendment increases the total contract amount under this agreement by $29,000, for a total amount of $79,000. Staff will utilize the savings from the Poll Services contract of $20,000, resulting in a net budget impact of $9,000. See below illustration:

Contract
Agreement
No. Scope of Work Approval
Contract
Approval
Date
Remaining
Balance
Move
Savings
to
Additional
Increase
Total
Contract
Original 22-013 Election Poll Resolution #22-025 4/12/2022 20,000 $ (20,000) $ - $ Original 22-051 General Communication Resolution #22-066 8/9/2022 50,000 $ Amendment #1 22-051 General Communication Recommended 3/14/2023 20,000 $ 9,000 $ 29,000 $ - $ 9,000 $ 79,000 $
52 ATTACHMENTS:

1. Resolution

2. First Amendment to the Original Agreement #22-051 (General Communications)

3. Original Agreement #22-051 (General Communications)

4. Original Agreement #22-013 (Polling Services)
53 1

RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A FIRST AMENDMENT TO AN AGREEMENT WITH TRIPEPI SMITH FOR $29,000 FOR

GENERAL COMMUNICATION 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 entered into an Agreement with Tripepi Smith for the General Communication Support including projects and social media management, press releases, metrics reporting, and quarterly strategic communications planning on August 9, 2022 for $50,000; and

WHEREAS, the proposed first amendment to the agreement will continue to help the City 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 proposed First Amendment would add $29,000 to the Tripepi Smith for general communication support, including projects and social media management, press releases, metrics reporting, and quarterly strategic communication planning. Staff is proposing to utilize the savings from the poll services contract of $20,000 to be applied to this amendment request and a $9,000 increase; and

WHEREAS, there is sufficient funds in the City Manager’s budget to absorb the additional costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules the First Amendment to Agreement with Tripepi for an amount not to exceed $29,000 is hereby approved and the City Manager is authorized to execute the first amendment to the agreement.

54 2

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of March 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Alexander Walker-Griffin, Mayor

ATTEST:

Eibleis Melendez, Acting City Clerk
55 Original Agreement No.22-051
General Communications
AMENDMENT NO. 1

APPROVING REVISED ATTACHMENT B “PAYMENT” FOR ADDITIONAL

COMPENSATION

1. Parties. The parties to this Contract Amendment are the City of Hercules, a public body corporate and the following named Contractor:

Tripepi Smith
PO Box 52152, Irvine, CA 92619
Attn: Ryder Todd Smith
(626) 536-2173 / [email protected]

The parties to this Contract Amendment do mutually agree and promise as follows:

2. Purpose. This Amendment No. 1 is being entered into to a mend an existing contract between the City and Contractor which was approved by the City Council of the City of Hercules on August 9, 2022 by Resolution No 22-066. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment Agreement.

4. Amendment. This Amendment No. 1 is intended to amend the Original Contract and previously approved amendments (collectively, the "Amended Contract") thereto to provide for additional compensation in an amount not to exceed $29,000, total contract amount $ 79,000.

5. Amendment Approval: This Amendment No. 1 is hereby approved by the City Council of the City of Hercules on this 14th day of March, 2023 via Resolution _________.

6. Signatures. These signatures attest the parties' agreement hereto:

City of Hercules

s/_______________________________
Dante Hall, City Manager

Date: ___________________________

Approved as to form:

By ______________________________
Patrick Tang, City Attorney
Tripepi Smith

s/_______________________________

_________________________________
Name/Title

Date: ___________________________

Attachments:

Attachment B: Payment

ATTACHMENT B
56 PAYMENT

The City to amend the Original Contract to provide for additional compensation in an amount not to exceed $29,000, total contract amount $79,000.

57 Professional Services Agreement Agreement No. <22-051>/ Resolution No. <22-066> City Attorney Approved, 082321 General Communications

Page 1 ends

Agreement No. 22-051
Resolution No. 22-066

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 Tripepi Smith , 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 soone r 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 Fifty Thousand Dollars ($50,000), 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 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.

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 58 Professional Services Agreement Agreement No. <22-051>/ Resolution No. <22-066> City Attorney Approved, 082321 General Communications

Page 2 ends

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 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 deliv ery service, or b y e mail as a PDF (or comparable) file. Notice is effective upon delive ry unless otherwise specified. Notice for each Party will be given as follows:

City: Consultant:

City of Hercules Tripepi Smith
111 Civic Drive PO Box 52152
Hercules, CA 94547 Irvine, CA 92619
(510) 799-8200 (626) 536-2173
Attn: City Clerk Attn: Ryder Todd Smith
[email protected]
Copy to: _____________________ Copy to: _____________________ Email: _______________________ 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 under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

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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 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 self- insured, 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. *
*Consultant does not own vehicles.

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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 S ection 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.

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 DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 61 Professional Services Agreement Agreement No. <22-051>/ Resolution No. <22-066> City Attorney Approved, 082321 General Communications

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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 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.

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.

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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 s uch 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.

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.]
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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: Tripepi Smith
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: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 9/1/2022
8/31/2022
9/12/2022
Ryder Todd Smith President
9/12/2022
64 Professional Services Agreement Agreement No. <22-051>/Resolution No. <22-066> City Attorney Approved, 082321 Scope of Services

Attachment A

SCOPE OF SERVICES

<Detailed description of the required Services attached in the following page(s)> DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 65 Proposal for General Communications Support

CITY OF HERCULES

July 15, 2022
VALID FOR 45 DAYS
By: Ryder Todd Smith, Co-Founder & President

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 66 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 67 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 68 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
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 69 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.”
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 70 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.

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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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 72 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
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 73 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 74 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

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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.

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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.

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13 Team Tripepi Smith – Org Chart

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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.

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 79 Professional Services Agreement Agreement No. <22-051>/Resolution No <22-066> City Attorney Approved, 082321 Payment

Attachment B

PAYMENT

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 80 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 81 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.

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 82 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:

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 83 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 84 City of Hercules / General Communications Support

19 REFERENCES

Descripti on
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
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 85 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 86 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.

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 87 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
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 88 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
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 89 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 90 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 91 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

DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 92 CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTIO
N A:

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

City Representative Phone Project Spec No.

Department Contract/Proposal Name
SECTI
ON 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 SECTI
ON 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 cir
cumstances 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
SECTI
ON 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
X
X
Lauren Berges 510-799-8200
Agreement No. 22-051
Resolution No. 22-066
General Communications City Clerk
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D 9/12/2022
92619PO Box 52152
6265362173
President
Irvine
Tripepi Smith and Associates, Inc.

Ryder Todd Smith
ca
City Clerk / Public Information Officer
9/12/2022
Lauren Berges
93 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
Lauren Berges 510-799-8200
Agreement No. 22-051
Resolution No. 22-066
General
Communications
City Clerk
X
X
DocuSign Envelope ID: 33AD0E17-FBB9-4DEC-86A4-E27D978E186D CA
Tripepi Smith and Associates, Inc.
92619
9/12/2022
PresidentRyder Todd Smith
Irvine
6265362173
PO Box 52152
Lauren Berges
City Clerk / Public Information Officer
9/12/2022
94 CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on April 12, 2022, between the City of Hercules , a California municipality (“City”), and Tripepi Smith, a Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

2. Term. This Agreement will become effective on April 12, 2022 (“Effective Date”), and will terminate upon the full and satisfact ory 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 FORTY-TWO THOUSAND THREE HUNDRED DOLLARS and TWENTY-SIX CENTS ($42,300.26), 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.

3.2 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. 22-013
Council Resolution No. 22-025
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 95 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.

5.3 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 P arty 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 Tripepi Smith
111 Civic Drive PO Box 52152
Hercules, CA 94547 Irvine, CA 92619
(510) 799-8200 (626) 536-2173
Attn: City Clerk Attn: Ryder Todd Smith
[email protected]
Copy to: Dante Hall 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 T o 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: E08B7EF5-A05C-4954-958F-01FACE706E9E 96 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 S ervices, 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 Serv ices under this Agreement, with limits of at least $1,000,000.00 per occurrence.

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 self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E XXXXXX*
*Consultant does not own
any vehicles
97 8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices 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.

(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.

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: E08B7EF5-A05C-4954-958F-01FACE706E9E 98 10. Early Termination.

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 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.

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.

13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries 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: E08B7EF5-A05C-4954-958F-01FACE706E9E 99 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.

13.7 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.

13.10 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 P arty waiving the breach, failure, right, or remedy. No waiver o f 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 P arty 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.

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 100

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.

[Signature page follows.]

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 101
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: Tripepi Smith
Business Name

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

Attachments:

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 5/4/2022
5/3/2022
5/5/2022
5/9/2022
PresidentRyder Todd Smith
102
Attachment A

SCOPE OF SERVICES

<Following Pages Attached - Scope of Services Details>
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Proposal submitted for:

Public Education Regarding
Utility Users Tax and Charter City Proposal for Property Transfer Tax for Potential November 2022 Ballot Measure

Submitted: April 12, 2022
By: Ryder Todd Smith, Tripepi Smith Co-Founder & President Jennifer Vaughn, Director

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City of Hercules / Public Education Regarding Sunset of City’s UUT

2 CITY OF HERCULES’S NEEDS
Ballot Measure Public Outreach/Education – Time & Materials Based on the City of Hercules’s recent survey conducted by FM3 and the Lew Edwards Group, the City is perceived as doing a good job at managing its budget and finances, but 62% still believe the City has a need for additional funding. And, 67% were in favor of extending Measure C, the 8% Utility User Tax (UUT), which generates approximately $3.6 million to the City’s general fund. There was a correlation between those that perceived the need for additional funding and support for the measure. Respondents were equally split on whether they would be interested in adopting a city charter in order to establish a local property transfer tax. Albeit, this survey question did not include a proposed tax rate. It was simply to gauge whether there was an appetite for it. Voters are unsure whether the City should adopt a city charter with a limited capability of establishing a real property transfer tax. However, with additional communication and education, there’s a possibility for strengthened support.

Project Approach
Tripepi Smith has a solid track record of supporting education and outreach efforts around City ballot measures, especially sales tax measures. Tripepi Smith’s typical approach to these projects is “measure twice, cut once”: we work with key stakeholders (especially legal counsel) to produce approved written language upfront. Any external-facing content, whatever the medium, will only use that language. This allows us to streamline the outreach/education process, ensuring voters have all the facts they need well before an election.

Our Creative Team of graphic artists, videographers and animators can transform this same written language into captivating visuals. When combined with a dedicated digital placement budget—such as Boosting Posts on Facebook—we can quantitatively prove we have reached a large portion of the City’s residents.

Below are a few City webpages we used as hubs for facts regarding the measures we worked on. Those pages contain a variety of content we produced: informational mailers, animated videos, infographics, Frequently Asked Questions, etc.
• Carson Measure K (sales tax): https://ci.carson.ca.us/Government/measureK.aspx • Grover Beach Measure F-20 (sales tax): https://www.grover.org/410/Measure-F-20 • Culver City Measure CC (sales tax): https://www.culvercity.org/City-Hall/Election- Information/Measure-CC-March-3-2020-Special-Election
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City of Hercules / Public Education Regarding Sunset of City’s UUT

3 Proposed Deliverables
The service will be provided from April 15, 2022 through October 31, 2022—a period of six and a half months.

Tripepi Smith Deliverables
Education & Outreach Deliverables Quantity/Notes
Project Management Ongoing for 6.5 months
One-time Kickoff Call Up to two (2) hours
Every-other-week Client Check-in Call
Up to sixty (60) minutes per call;
Agendized meetings, with to-do item
“recap” emails after
Content Production
Create and publish social media post content
(which we will use for Digital Placements— see
below)
1 post per week;
Graphic design included
Technology Support
Obtain custom website domain name and assist
City’s IT Department with URL redirect
Domain name purchase and hosting fees
included for twelve (12) months
Social Media Management & Monitoring Ongoing for 4 months Monitor local community-run
social media groups/pages Up to one (1) hour per week
Respond to City social media site
comments and messages Unlimited
Digital Placement (Ads) Creation &
Management
Ongoing for 4 months;
excludes digital placement budget
Produce and manage digital placements of
social media posts
Up to six (6) “Boosted Posts” for dual display
on Facebook and Instagram
Produce and manage digital placement of
animated video
One (1) “Boosted Post” for dual display
on Facebook and Instagram
Informational Mailer Excludes print & mail fees
Informational mailer for City voters
One (1) mailer;

8.5”x11”, double-sided, folded in half or tri-fold;
Digital, ADA-compliant PDF version included
for upload on City website
Manage print & mail production process
Can use City’s vendor or one of our choosing;
Mailing via Every Door Direct Mail (EDDM)
or City-provided mailing list

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City of Hercules / Public Education Regarding Sunset of City’s UUT

4 PROJECT WORK PLAN/SCHEDULE
Education and Outreach Work Schedule
Task Tentative Timeframe
Kickoff Meeting with Stakeholders Month 1
Gain Access to All City Communication Tools and Assets Month 1 Review Public Opinion Research Month 1
Community Mailer Months 1-2
Content Production & Launches Months 3-6
Ongoing Management & Monitoring Months 3-6
Final Analysis and Report Month 6

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 107

Attachment B

PAYMENT

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City of Hercules / Public Education Regarding Sunset of City’s UUT

5 COST PROPOSAL
Tripepi Smith recommends a Time & Materials model for executing the work detailed above.

Below are simplified tables of the specific line items and the costs associated with them.

Education & Outreach Deliverables Estimated Cost
Project Management $11,700.00
Mailer Design $1,750.00
Social Media Management & Monitoring $4,000.00
Digital Placement (Ads) Creation & Management $2,875.00 Flyer/Handout Design $750.00
Website Setup Fee* $4,750.00
Annual Website Hosting Fee* $610.00
Website Content Management Fee $4200.00
TOTAL COST $30,635.00

Other Costs
To avoid paying a ten percent (10%) agency fee for Tripepi Smith credit card purchases, the City can opt to pay service providers directly for the two items listed below.

City To Pay Directly Estimated Cost
Digital placement budget (for 7 placements) $5,000.00
Print and mail fees (per mail piece, via EDDM) $6,665.26 TOTAL COST $11,665.26
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:

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.

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City of Hercules / Public Education Regarding Sunset of City’s UUT

6 Digital Placements: Tripepi Smith is a Google Partner 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. For this engagement, Tripepi Smith anticipates using Facebook’s and Instagram’s built-in “advertising” features to broaden the reach of informational and educational messaging.

Hourly Rates for Ad Hoc Work
The City may request work beyond the Scope of Service listed above. In such cases, we will use the Standard hourly ad hoc rates through June 30, 2022:

Title Hourly - Standard
Principal $300.00
Director $200.00
Art Director $200.00
Senior Business Analyst $160.00
Business Analyst $110.00
Junior Business Analyst $85.00
Senior Videographer/Animator $160.00
Photographer/Videographer $110.00
Senior Graphic Designer $145.00
Graphic Designer $110.00
Web Developer $160.00
Drone Operator $160.00

Annual Increase
Tripepi Smith will increase the Standard hourly ad hoc rates for all resources by five percent (5%) or the regional CPI index—whichever is higher—on July 1, 2022. Those new hourly rates will remain in effect through June 30, 2023.

Billing
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. We will invoice the City at the end of the month in which work was performed. *Website setup and hosting will be invoiced upon launch.

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City of Hercules / Public Education Regarding Sunset of City’s UUT

7 Travel Costs
Tripepi Smith does not anticipate any travel as part of this engagement.

Video Equipment Fees
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.

Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).

DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 111

CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECTI
ON A:

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

City Representative Phone Project Spec No.

Department Contract/Proposal Name
SECT
ION 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 SECT
ION C:

The undersigned Contractor’s Representative acknowledges by his or her signature the following:

I h
ave 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 c
ircumstances 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
SECT
ION 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
Dante Hall 510-799-8200
Agreement No. 22-013
City Council Resolution 22-____
City Manager Election Opinion Poll Services
Agreement
X
Tripepi Smith 626-536-2173
PO Box 52152 Irvine CA 92619
X

XXXXXXXXXXXX
via DocuSign

XXXXXXXXXXXXX
via DocuSign
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E Ryder Todd Smith President
5/9/2022
112

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:

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. 22-013
City Council Reso 22-_______
City Manager Election Opinion Poll
Services Agreement
X
Tripepi Smith 626-536-2173
PO Box 52152 Irvine CA 92619
X

XXXXXXXXXXXX
via DocuSign

XXXXXXXXXXXXXX
via DocuSign
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E Ryder Todd Smith
5/9/2022
President
113

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023
TO: Mayor Walker-Griffin and Members of the City Council VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: Direction to staff regarding Community Choice Energy and MCE RECOMMENDED ACTION:

1. Receive a presentation from City and MCE staff;

2. Ask any questions;

3. Take public comment; and

4. Provide direction to staff on whether to pursue joining MCE in 2023.

EXECUTIVE SUMMARY:

At a Jan. 17, 2023 “shirtsleeves” study session on potential sustainability initiatives, the City Council requested more information regarding MCE and any other Community Choice Energy providers that might be interested in serving Hercules. Staff contacted representatives of MCE as well as the two other CCAs closest to Hercules: East Bay Community Energy (EBCE), which serves 15 communities in Alameda and San Joaquin Counties, and Sonoma Clean Power, which serves 13 communities in Sonoma and Mendocino Counties. EBCE and Sonoma Clean Power staff both indicated that their expansion efforts focused on jurisdictions within the counties they already serve, in order to avoid consumer confusion and provide a venue for regional collaboration on energy projects and programs.

MCE is the only CCA serving Contra Costa County jurisdictions. Staff is therefore requesting the Council provide direction on whether to pursue joining MCE in 2023.

MCE staff will provide a presentation and answer questions from the Council.

114

BACKGROUND:

Community Choice Energy
Authorized by the Legislature under AB 117 in 2002, Community Choice Energy (CCE), formerly known as Community Choice Aggregation (CCA), is a program by which local, not-for-profit public agencies provide electricity and often other energy-related programs to residents and businesses in their service area. Through Community Choice, communities join together to pool (or aggregate) their electricity load in order to purchase clean energy and develop local projects and programs on behalf of their residents and businesses. Community Choice providers work in partnership with the region’s existing Investor-Owned Utility (IOU), which continues to deliver power and maintain the power grid.

Since the launch of Marin Clean Energy (now known as MCE) in 2010, many new CCAs have formed in communities across the service territories of California’s three largest IOUs: Pacific Gas & Electric (PG&E), Southern California Edison (SCE) and San Diego Gas & Electric (SDG&E). According to Cal-CCA, the trade association representing CCAs in California, as of summer 2022, there are 24 operational CCA entities serving over 15 million people in more than 200 California cities and about half the counties in the state.

According to CalCCA, CCAs in California have contracted for over 10,000 megawatts (10 gigawatts) of new renewable energy capacity and over 2,600 megawatt -hours of new energy storage, avoided about 940,000 metric tons of GHG emissions per year, and supported thousands of jobs.

Enrollment Process
Once a city or county implements or joins a CCA program, state law requires that residential customers within a CCA member's jurisdictions be enrolled in CCA service unless they choose to opt out. The noticing process is conducted by the CCA and includes a website and telephone call center for questions. The default power product at enrollment is selected by either the CCA or th e member agency’s governing body, and once enrolled, customers have the option to “opt up” or “opt down” to a different power product, or to “opt out” of the CCA entirely at no charge and continue to purchase their electricity from PG&E. Customers will receive at least two notices during a 60-day period prior to CCA service commencement and at least two additional notices during a 60 -day period after CCA service commencement. These notices will inform the customer how to opt out of the program if he or she chooses to do so.

ANALYSIS:

At a Jan. 17, 2023 “shirtsleeves” study session on potential sustainability initiatives, the City Council requested more information regarding MCE and other Community Choice Energy providers that might be interested in serving Hercules. 115

Staff contacted representatives of MCE as well as the two other CCAs closest to Hercules: East Bay Community Energy (EBCE), which serves 15 communities in Alameda and San Joaquin Counties, and Sonoma Clean Power, which serves 13 communities in Sonoma and Mendocino Counties. EBCE and Sonoma Clean Power staff both indicated that their expansion efforts focused on jurisdictions within the counties they already serve, in order to avoid consumer confusion and provide a venue for regio nal collaboration on energy programs. MCE is the only CCA serving Contra Costa County jurisdictions. Staff is therefore requesting the Council provide direction on whether to pursue joining MCE in 2023.

MCE
In Contra Costa County, the unincorporated Coun ty and the cities of Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon and Walnut Creek are members of MCE, which now serves 37 communities in Marin, Napa, Solano and Contra Costa Counties. MCE is a Joint Powers Authority that provides renewable energy services to over 331,000 customers throughout Contra County. Over 88% of all electric customers in MCE’s Contra Costa member communities receive their electric generation from MCE

Like most CCAs, MCE is a Joint Powers Authority (JPA), with a board made up of elected officials representing its member agencies. PG&E continues to deliver the electricity through its transmission and distribution system and provide meter reading, bi lling, and maintenance services for MCE and other CCA customers in its territory, as well as to provide natural gas service. The MCE charges appear as a line item on the PG&E bill.

MCE’s standard service, Light Green, has contained 60% renewable energy or more since 2017, meeting state goals 13 years ahead of schedule. Light Green is projected to be 95% GHG-free by 2023 and will increase to 85% renewable by 2029.

MCE Default Service Option
MCE is currently piloting Deep Green as its default customer service option. If the pilot is successful and the default service in 2025 is still Deep Green, new communities enrolling in MCE would also default into Deep Green service, but customers would have the choice to opt down to MCE’s 60% renewable Light Green service, or to opt out of MCE entirely and return to PG&E at any time.

Enrollment Process and Timeline
Should the City of Hercules decide to join MCE as a new member community, Hercules community members would be eligible for a spring 2025 enrollment date in MCE services.

The steps to enter into MCE's Joint Powers Agreement are outlined below:

1. City staff complete two required PG&E forms (forms 79–1030 and 79–1031). The two forms allow MCE to access Hercules customer's electric load data from PG&E. The forms are a nonbinding agreement, and do not constitute a 116
commitment from the City of Hercules to join MCE - they simply allow MCE to access PG&E customer data.

2. Before June 30, 2023: City Council should adopt resolution, ordinance, and memorandum of understanding to join MCE;

3. Mayor signs signature page of MCE’s joint powers authority (JPA) agreement;

4. MCE conducts technical analysis;

5. MCE Board of Directors holds a vote to include prospective new communities by the end of 2023;

6. Enrollment of new communities begins in 2025, pending certification by the California Public Utilities Commission (CPUC).

Questions
During the Jan. 17, 2023 study session, members of the Council inquired about public outreach; CPUC governance of CCAs; expectations for member agency staff attendance at CCA board meetings and technical advisory committees; use of Renewable Energy Credits (RECs); renewable energy generation projects sponsored by CCAs; power contracts; and MCE’s rates, power mix, weighted voting structure, and treatment of residential solar customers.

The most recent joint comparison of PG&E and MCE’s rates as of June 1, 2022 is attached (Attachment 1), along with MCE’s current rates as of January 1, 2023 (Attachment 2). MCE’s Joint Powers Authority agreement (Attachment 3) and Voting Shares (Attachment 4) are also attached to this report.

Several of the questions raised by the Council are discussed on MCE’s Frequently Asked Questions (FAQ) page, https://www.mcecleanenergy.org/faq/. Relevant FAQ responses, in some cases updated in consultation with MCE staff, are listed below.

MCE staff will be present to respond to other questions.

Where does MCE get its electricity from?
Our energy is mostly produced from non-polluting, renewable sources such as solar, wind, geothermal, hydroelectric, and bioenergy. The projects that produce our electricity are located in California, the Pacific Northwest, and Colorado. The exact proportion of each varies with time, based on demand and availability. For example, MCE may use a higher proportion of hydroelectric energy during the spring and summer months when winter run-off generates more power at affordable prices. Learn more about MCE’s power sources.

How does MCE procure power?
We have short and long-term contracts with a variety of power suppliers to meet the energy needs of our customers. Each year, we host an “open season” 117
process where developers or owners of renewable energy projects can propose contracts. We also operate a Feed-In Tariff program, through which local developers can create and sell small renewable energy projects directly to us at a set price, provided that they are located in our service area.

How do I know that MCE is actually procuring 60% or 100% renewable energy on my behalf?
We are required to report to the California Public Utilities Commission and California Energy Commission on an annual basis to verify the amount of renewable energy procured for our customers. This is the same standard used by other California utilities, such as PG&E, for verification purposes. Learn more about MCE’s verified renewable energy procurement from our most recent Power Content Label.

Is the renewable energy in my MCE service transmitted directly to my home or business?
No. MCE buys and builds cleaner electricity sources. This electricity is fed onto the statewide shared electric grid and then moves down the path of least resistance to customers. This is why accounting is important. Clean energy is accounted through contracts and renewable energy certificates that confer the “renewable attributes” of that energy. It needs to work this way because individual electrons can’t be routed from a wind turbine to a particular house that just signed up for green power without building a new transmission line directly from the source to the home. MCE, just like PG&E, reports power purchases to the California Energy Commission and the California Public Utilities Commission so you can be sure that we are putting cleaner electricity onto the grid on behalf of our customers.

How do MCE’s rates compare to PG&E’s?
MCE’s 60% renewable electricity service is cost competitive with – and often lower than – PG&E’s 49% renewable electricity service for typical customers. As of January 2023, MCE’s standard Light Green 60% renewable service is currently 1% less expensive than PG&E on average. MCE’s Deep Green 100% renewable energy service is currently 2.2% more expensive than PG&E’s basic service.

Part of MCE’s mission is to provide stable and competitive rates. MCE's rate- setting typically occurs on an annual basis. MCE's Board of Directors sets electric generation rates for its customers, typically on an annual basis, and MCE rates are developed, discussed, evaluated, and approved at public meetings where customers are able to comment. For more information, sample cost comparisons, and cost calculators, please visit Rates.
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Does MCE offer a Net Energy Metering (NEM) program for customers who have solar?
Yes. Any MCE customer who meets PG&E’s NEM program requirements is eligible for MCE’s NEM program. Generally, this includes customers with renewable electric generation systems (such as solar, wind, biogas, and fuel cell installations) that are less than 1,000 kW. The average residential installation is 5 kW and the average commercial installation is 100-200 kW.

How does MCE set its rates?

The MCE Board of Directors sets electric generation rates for our customers. We value public participation and transparency, which is why our rates are developed, discussed, evaluated, and approved at public meetings where customers are able to comment. We invite you to attend and give us your feedback. Rate -setting typically occurs on an annual basis, and new rates are typically approved in April.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ATTACHMENTS:

1. PG&E-MCE Joint Rate Comparisons (current as of June 1, 2022)

2. MCE Rate Sheet (effective January 1, 2023)

3. MCE Joint Powers Authority agreement

4. MCE Voting Shares (updated July 2021)

5. MCE Presentation
119
1 PG&E – MCE
Joint Rate Comparisons

As a part of our mutual commitment to support your energy choice, Marin Clean Energy (MCE) and PG&E have partnered to create a comparison of our typical electric rates, average monthly charges and generation portfolio contents. Below you will find a representative comparison of our rates, average monthly bills and power generation portfolio content based on customer class. To find your specific electric rate, please scroll down to your rate plan to view the rate and bill comparisons.

Residential
• Tiered Rate Plan E-1
• Tiered Rate Plan E-1L (CARE)
• E-6
• E-6L
• Time-of-Use (Peak Pricing 4-9 p.m. Weekdays)
o E-TOUB
o E-TOUBL
• Time-of-Use (Peak Pricing 4-9 p.m. Everyday)
o E-TOUC
o E-TOUCL
• Time-of-Use (Peak Pricing 4-9 p.m. Everyday)
o E-TOUD
o E-TOUDL
• Electric Vehicle Rate Plan EV2-A
• Electric Vehicle Rate Plan EV2-AL

Small and Medium Business
• A-1
• B-1
• B-6
• B-10S

Large Commercial and Industrial

• B-19SV
120
1 Agriculture

• AG-A1
• AG-A2
• AG-B
• AG-C

Streetlight and Outdoor Lighting • LS-3
• TC-1
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Definitions
Generation Rate is the cost of creating electricity to power your home or business. The generation rate varies based on your energy provider and the resources included in your energy provider’s generation supply.

PG&E Delivery Rate is a charge assessed by PG&E to deliver electricity to your home or business. The PG&E delivery rate depends on your electricity usage, but is charged equally to both PCE and PG&E customers.

PG&E PCIA/FF represents the Power Charge Indifference Adjustment (PCIA) and the Franchise Fee surcharge (FF). The PCIA is a charge to ensure that both PG&E’s customers and those who have left PG&E service to purchase electricity from other providers pay the above market costs for generation resources that were procured by PG&E on their behalf. “Above market” refers to expenditures for electric generation resources that cannot be fully recovered through sales of these resources at the current market price. PG&E acts as a collection agent for the FF surcharged, which is levied by the California Public Utilities Commission on behalf of cities and counties in PG&E’s service territory for all customers. The costs for resources included in the PCIA and FF surcharges are included in the generation rate for PG&E bundled service customers.

Where Do I Find My Electric Rate Schedule?
Need some help finding your electric rate? Go to the “Electric Delivery Charges” section of your energy statement - you’ll find your electric rate in the upper left.

Look here to identify your electric
rate schedule. Once you have
that, you can find your rate
comparison below.
122
4 Residential *

E-1*

Residential: E-1 PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12511 $0.10700 $0.11700
PG&E Delivery Rate ($/kWh) $0.19425 $0.19425 $0.19425 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $ 0.02080
Total Electricity Cost ($/kWh) $0.34599 $0.32205 $0.33205 Average Monthly Bill ($) $168.53 $156.87 $161.74 Monthly usage: 487 kWh
Rates are current as of June 1, 2022

E-1 CARE*

Residential: E-1L PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12511 $0.107 00 $0.11700 PG&E Delivery Rate ($/kWh) $0.06936 $0.06936 $0.06936 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080 Total Electricity Cost ($/kWh) $0.22110 $0.19716 $0.20716 Average Monthly Bill ($) $107.76 $96.09 $100.97 Monthly usage: 487 kWh
Rates are current as of June 1, 2022

E-6*

Residential: E-6 PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12098 $0.10073 $0.11073 PG&E Delivery Rate ($/kWh) $0.19395 $0.19395 $0.19395 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.34156 $0.31548 $0.32548 Average Monthly Bill ($) $187.37 $173.06 $178.55 Monthly usage:549 kWh
Rates are current as of June 1, 2022

E-6 CARE*

Residential: E-6L PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12032 $0.10016 $0.11016 PG&E Delivery Rate ($/kWh) $0.06789 $0.06789 $0.06789 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.21484 $0.18885 $0.19885 Average Monthly Bill ($) $108.02 $94.95 $99.98 Monthly usage:503 kWh
Rates are current as of June 1, 2022

123
5 E-TOU B*

Residential: E-TOU B PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11970 $0.10238 $0.11238 PG&E Delivery Rate ($/kWh) $0.20096 $0.20096 $0.20096 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.34729 $0.32414 $0.334 14 Average Monthly Bill ($) $477.88 $446.02 $459.78 Monthly usage: 1,376 kWh
Rates are current as of June 1, 2022

E-TOU B CARE*

Residential: E-TOU BL PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12038 $0.10297 $0.11297 PG&E Delivery Rate ($/kWh) $0.07934 $0.07934 $0.079 34 PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.22635 $0.20311 $0.213 11 Average Monthly Bill ($) $171.05 $153.49 $161.05 Monthly usage: 756 kWh
Rates are current as of June 1, 2022

EV-2A*

Residential: EV-2A PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11834 $0.10062 $0.11062
PG&E Delivery Rate ($/kWh) $0.17961 $0.17961 $0.17961
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0 .02080
Total Electricity Cost ($/kWh) $0.32458 $0.30103 $0.31103 Average Monthly Bill ($) $286.69 $265.89 $274.72
Monthly usage: 883 kWh
Rates are current as of June 1, 2022

EV-2A CARE*

Residential: EV-2AL PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11800 $0.10032 $0.11032
PG&E Delivery Rate ($/kWh) $0.06665 $0.06665 $0.06665
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.21128 $0.18777 $0.19777 Average Monthly Bill ($) $142.67 $126.79 $133.55
Monthly usage: 675 kWh
Rates are current as of June 1, 2022

124
6 E-TOU C*

Residential: E-TOU C PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12222 $0.10369 $0.11369
PG&E Delivery Rate ($/kWh) $0.19758 $0.19758 $0.19758
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.34643 $0.32207 $0.33207 Average Monthly Bill ($) $159.20 $148.01 $152.60
Monthly usage: 460 kWh
Rates are current as of June 1, 2022

E-TOU C CARE*

Residential: E-TOU CL PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12230 $0.10376 $0.11376
PG&E Delivery Rate ($/kWh) $0.07036 $0.07036 $0.07036
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0 .02080
Total Electricity Cost ($/kWh) $0.21929 $0.19492 $0.2049 2 Average Monthly Bill ($) $88.64 $78.79 $82.83
Monthly usage: 404 kWh
Rates are current as of June 1, 2022

E-TOU D
*

Residential: E-TOU D PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12400 $0.10589 $0.11589
PG&E Delivery Rate ($/kWh) $0.19979 $0.19979 $0.19979
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $0.02080
Total Electricity Cost ($/kWh) $0.35042 $0.32648 $0.33648 Average Monthly Bill ($) $393.95 $367.04 $378.28
Monthly usage: 1,124 kWh
Rates
are current as of June 1, 2022

E-TOU D CARE*

Residential: E-TOU DL PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12482 $0.10662 $0.11662
PG&E Delivery Rate ($/kWh) $0.07749 $0.07749 $ 0.07749
PG&E PCIA/FF ($/kWh) $0.02663 $0.02080 $ 0.02080
Total Electricity Cost ($/kWh) $0.22894 $0.20491 $0.21491 Average Monthly Bill ($) $158.59 $141.95 $148.88
Monthly usage: 693 kWh
Rates are current as of June 1, 2022

* Please note this rate comparison excludes the California Climate Credit from the State of California which is issued twice a year to residential customers. For more information visit www.energyupgradeCA.org/credit.
125
7 Small and Medium Business **

A-1**
Commercial/Industrial:

A-1
PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11768 $0.10334 $0.11334
PG&E Delivery Rate ($/kWh) $0.19540 $0.19540 $0.19540
PG&E PCIA/FF ($/kWh) $0.02533 $0.01979 $0.01979
Total Electricity Cost ($/kWh) $0.33841 $0.31853 $0.32853 Average Monthly Bill ($) $131.11 $123.41 $127.28
Monthly usage: 387 kWh
Rates are current as of June 1, 2022

B-1 Time of Use**
Commercial/Industrial:

B-1
PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11937 $0.10431 $0.11431
PG&E Delivery Rate ($/kWh) $0.18304 $0.18304 $0.18304
PG&E PCIA/FF ($/kWh) $0.02533 $0.01979 $0 .01979
Total Electricity Cost ($/kWh) $0.32774 $0.30714 $0.31714 Average Monthly Bill ($) $378.80 $354.99 $366.55 Monthly usage: 1,156 kWh
Rates are current as of June 1, 2022

B-6 Time of Use**
Commercial/Industrial:

B-6
PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11317 $0.10114 $0.11114
PG&E Delivery Rate ($/kWh) $0.17334 $0.17334 $ 0.17334
PG&E PCIA/FF ($/kWh) $0.02533 $0.01979 $0 .01979
Total Electricity Cost ($/kWh) $0.31184 $0.29427 $0.30427 Average Monthly Bill ($) $626.64 $591.33 $611.43
Monthly usage: 2,009 kWh
Rates are current as of June 1, 2022

B-10S Time of Use**
Commercial/Industrial:

B-10S
PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12584 $0.10804 $0.11 804
PG&E Delivery Rate ($/kWh) $0.14577 $0.1457 7 $0.14577
PG&E PCIA/FF ($/kWh) $0.02686 $0.02099 $0.02099
Total Electricity Cost ($/kWh) $0.29847 $0.27480 $0.28480 Average Monthly Bill ($) $4,281.73 $3,942.17 $4,085.63 Monthly usage: 14,346 kWh, monthly demand: 52 kW
Rates are current as of June 1, 2022

** Please note this rate comparison excludes volumetric California Climate Credits issued to eligibl e business customers that impact PG&E Delivery Rates only. For more information visit www.energyupgradeCA.org/credit. 126
8 Large Commercial and Industrial

Large Commercial and Industrial

B-19 SV
Commercial/Industrial:

B-19 SV
PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.11517 $0.10305 $0.11305
PG&E Delivery Rate ($/kWh) $0.11253 $0.11253 $0.11253
PG&E PCIA/FF ($/kWh) $0.02537 $0.01982 $0.019 82
Total Electricity Cost ($/kWh) $0.25307 $0.23540 $0.24540 Average Monthly Bill ($) $4,626.89 $4,303.83 $4,486.66
Monthly usage: 18,283 kWh, monthly demand: 45 kW
Rates are current as of June 1, 2022

127
9 Agricultural

AG-A
1 Agricultural: AG-A1 PG&E MCE Light Green (61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.10766 $0.09798 $0.10798
PG&E Delivery Rate ($/kWh) $0.23237 $0.23237 $0.23237
PG&E PCIA/FF ($/kWh) $0.02380 $0.01860 $0 .01860
Total Electricity Cost ($/kWh) $0.36383 $0.34895 $0.35895 Average Monthly Bill ($) $243.41 $233.46 $240.15
Monthly usage: 669 kWh, monthly demand: 5 kW
Rates are current as of June 1, 2022
AG-A2

Agricultural: AG-A2 PG&E MCE Light Green (61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.10917 $0.09919 $0.10919
PG&E Delivery Rate ($/kWh) $0.16863 $0.16863 $0.16863
PG&E PCIA/FF ($/kWh) $0.02380 $0.01860 $0 .01860
Total Electricity Cost ($/kWh) $0.30160 $0.28642 $0.29642 Average Monthly Bill ($) $443.35 $421.03 $435.73
Monthly usage:1,470 kWh, monthly demand: 8 kW
Rates are current as of June 1, 2022

AG-B

Agricultural: AG-B PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.12290 $0.11981 $0.12981
PG&E Delivery Rate ($/kWh) $0.18729 $0.18729 $0.18729
PG&E PCIA/FF ($/kWh) $0.02380 $0.01860 $0.01860
Total Electricity Cost ($/kWh) $0.33399 $0.32570 $0.33570 Average Monthly Bill ($) $1,017.35 $992.10 $1,022.56
Monthly usage: 3,046 kWh, monthly demand: 22 kW
Rates are current as of June 1, 2022

AG-C

Agricultural: AG-C PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.10029 $0.09962 $0.10962
PG&E Delivery Rate ($/kWh) $0.11734 $0.11734 $0.11734
PG&E PCIA/FF ($/kWh) $0.02380 $0.01860 $0.01860
Total Electricity Cost ($/kWh) $0.24143 $0.23556 $0.24556 Average Monthly Bill ($) $3,808.08 $3,715.49 $3,873.22 Monthly usage: 15,773 kWh, monthly demand:54kW
Rates are current as of June 1, 2022
128
10 Streetlight and Outdoor Lighting

LS-3
Streetlights:

LS3 PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.10215 $0.08900 $0.09900
PG&E Delivery Rate ($/kWh) $0.15120 $0.15120 $0.15120
PG&E PCIA/FF ($/kWh) $0.02176 $0.01700 $0.01700
Total Electricity Cost ($/kWh) $0.27511 $0.25720 $0.26720 Average Monthly Bill ($) $50.47 $47.19 $49.02
Monthly usage: 183 kWh
Rates are current as of June 1, 2022

TC-1
Streetlights:

TC1 PG&E MCE Light Green
(61% Renewable)
MCE Deep Green
(100% Renewable)
Generation Rate ($/kWh) $0.10990 $0.09400 $0.10400
PG&E Delivery Rate ($/kWh) $0.17459 $0.17459 $0.17459
PG&E PCIA/FF ($/kWh) $0.02533 $0.01979 $0.01979
Total Electricity Cost ($/kWh) $0.30982 $0.28838 $0.29838 Average Monthly Bill ($) $87.19 $81.16 $83.97
Monthly usage: 281 kWh
Rates are current as of June 1, 2022
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MCE Light Green Residential Rates
(Rates effective 1.1.23)
E1, EM, ES, ESR, ET - Basic Residential
$0.149/kWh
ETOUC - Default Residential Time-of-Use
Summer - Service June 1 through September 30
Peak $0.195/kWh 4 P.M. to 9 P.M. every day
Off Peak $0.144/kWh All other hours
Winter - Service October 1 through May 31
Peak $0.149/kWh 4 P.M. to 9 P.M. every day
Off Peak $0.135/kWh All other hours
ETOUD - Residential Time-of-Use
Summer - Service June 1 through September 30
Peak $0.224/kWh 5 P.M. to 8 P.M. Monday through Friday
Off Peak $0.124/kWh All other hours including holidays** Winter - Service October 1 through May 31
Peak $0.185/kWh 5 P.M. to 8 P.M. Monday through Friday
Off Peak $0.152/kWh All other hours including holidays** ELEC - Residential Time-of-Use for Qualified Eletric Technologies Summer - Service June 1 through September 30
Peak $0.301/kWh 4 P.M. to 9 P.M. every day
Part-Peak $0.199/kWh 3 P.M. to 4 P.M. and 9 P.M. to 12 A.M. every day Off Peak $0.152/kWh All other hours
Winter - Service October 1 through May 31
Peak $0.134/kWh 4 P.M. to 9 P.M. every day
Part-Peak $0.113/kWh 3 P.M. to 4 P.M. and 9 P.M. to 12 A.M. every day Off Peak $0.099/kWh All other hours
EV2 - Rates for Electric Vehicle Owners
Summer - Service June 1 through September 30
Peak $0.210/kWh 4 P.M. to 9 P.M. Monday through Friday including weekend and holidays** Part-Peak $0.167/kWh 3 P.M. to 4 P.M. and 9 P.M. to 12 A.M. everyday Off Peak $0.128/kWh All other hours
Winter - Service October 1 through May 31
Peak $0.155/kWh 4 P.M. to 9 P.M. Monday through Friday including weekend and holidays** Part-Peak $0.144/kWh 3 P.M. to 4 P.M. and 9 P.M. to 12 A.M. everyday Off Peak $0.121/kWh All other hours
CLOSED rates
*Enrollment in these rate schedules is closed to new customers, but these rates remain temporarily available for previously enrolled customers until closure is finalized ETOUB - Residential Time-of-Use (Closed to new enrollments) Summer - Service June 1 through September 30
Peak $0.261/kWh 4 P.M. to 9 P.M. Monday through Friday (except holidays**) Off Peak $0.143/kWh All other hours including holidays** Winter - Service October 1 through May 31
Peak $0.160/kWh 4 P.M. to 9 P.M. Monday through Friday (except holidays**) Off Peak $0.123/kWh All other hours including holidays** EV - Rates for Electric Vehicle Owners (Closed to new enrollments) Summer - Service May 1 through October 31
Peak $0.298/kWh 2 P.M. to 9 P.M. Monday through Friday, 3 P.M. to 7 P.M. Saturday, Sunday, and holidays** Part-Peak $0.161/kWh 7 A.M. to 2 P.M. and 9 P.M. to 11 P.M. Monday through Friday, except holidays** Off Peak $0.117/kWh All other hours including holidays** Winter - Service November 1 through April 30
Peak $0.113/kWh 2 P.M. to 9 P.M. Monday through Friday, 3 P.M. to 7 P.M. Saturday, Sunday, and holidays** Part-Peak $0.089/kWh 7 A.M. to 2 P.M. and 9 P.M. to 11 P.M. Monday through Friday, except holidays** Off Peak $0.089/kWh All other hours including holidays** E6, EM-TOU - Residential Time-of-Use (Closed to new enrollments) Summer - Service June 1 through September 30
Peak $0.273/kWh 4 P.M. to 9 P.M. Monday through Friday except holidays** Off Peak $0.127/kWh All other hours including holidays** Winter - Service October 1 through May 31
Part-Peak $0.158/kWh 5 P.M. to 8 P.M. Monday through Friday except holidays** Off Peak $0.126/kWh All other hours including holidays** 2 PM to 4 P.M. and 9 P.M. to 10 P.M. Monday through Friday. Plus 5 P.M. to 8 P.M. Saturday and Sunday except holidays**
Part-Peak $0.194/kWh
All Electric Usage
**Holidays for the purpose of these rate schedules are New Year's Day, President's Day, Memorial day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day. The dates will be those in which the holiday are legally observed.

Updated 12.1.2022
130

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MCE Deep Green Premium
All Usage* as above plus $0.01/kWh
Customers electing the Deep Green 100% renewable energy service option will pay the applicable rate for the Light Green service option plus the following Deep Green energy charge .
*Deep Green costs an additional penny per kilowatt-hour in addition to MCE's standard Light Green rates. Based on the average residential monthly usage of 500 kWh per month, Deep Green would cost an additional $5.00 per month.

Updated 12.1.2022
131

Ma
rin Energy Authority
- Joint Powers Agreement -

Effective December 19, 2008
As amended by Amendment No. 1 dated December 3, 2009
As further amended by Amendment No. 2 dated March 4, 2010 As further amended by Amendment No. 3 dated May 6, 2010 As further amended by Amendment No. 4 dated December 1, 2011 As further amended by Amendment No. 5 dated July 5, 2012 As further amended by Amendment No. 6 dated September 5, 2013 As further amended by Amendment No. 7 dated December 5, 2013 As further amended by Amendment No. 8 dated September 4, 2014 As further amended by Amendment No. 9 dated December 4, 2014 As further amended by Amendment No. 10 dated April 21, 2016 As further amended by Amendment No. 11 dated May 19, 2016 As further amended by Amendment No. 12 dated July 20, 2017 As further amended by Amendment No. 13 dated October 18, 2018 As further amended by Amendment No. 14 dated November 21, 2019 As further amended by Amendment No. 15 dated November 19, 2020

Among the Following Parties:

City of American Canyon
City of Belvedere
City of Benicia
City of Calistoga
City of Concord
Town of Corte Madera
Town of Danville
City of El Cerrito
Town of Fairfax
City of Fairfield
City of Lafayette
City of Larkspur
City of Martinez
Town of Moraga
City of Mill Valley
City of Napa
City of Novato
City of Oakley
City of Pinole
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City of Pittsburg
City of Pleasant Hill
City of Richmond
Town of Ross
Town of San Anselmo
City of San Pablo
City of San Rafael
City of San Ramon
City of Sausalito
City of St. Helena
Town of Tiburon
City of Vallejo
City of Walnut Creek
Town of Yountville
County of Contra Costa
County of Marin
County of Napa
County of Solano

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MARIN ENERGY AUTHORITY

JOINT POWERS AGREEMENT

This Joint Powers Agreement (“Agreement”), effective as of December 19, 2008, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (“Parties”). The term “Parties” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1.

RECITALS

1. The Parties are either incorporated municipalities or counties sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants.

2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels.

The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse emissions.

3. The purposes for the Initial Participants (as such term is defined in Section 2.2 below) entering into this Agreement include addressing climate change by reducing energy related greenhouse gas emissions and securing energy supply and price stability, energy efficiencies and local economic benefits. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar and wind energy production.

4. The Parties desire to establish a separate public agency, known as the Marin Energy Authority (“Authority”), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs.

5. The Initial Participants have each adopted an ordinance electing to implement through the Authority Community Choice Aggregation, an electric service enterprise agency available to cities and counties pursuant to California Public Utilities Code Section 366.2 (“CCA Program”). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. Regardless of whether or not Program Agreement 1 is approved and the CCA Program becomes operational, the parties intend for the Authority to continue to study, promote, develop, conduct, operate and manage other energy programs.

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AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises, c ovenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:

ARTICLE 1

CONTRACT DOCUMENTS

1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.

1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.

Exhibit A: Definitions
Exhibit B: List of the Parties
Exhibit C: Annual Energy Use
Exhibit D: Voting Shares

1.3 Revision of Exhibits. The Parties agree that Exhibits B, C and D to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such exhibit.

ARTICLE 2

FORMATION OF MARIN ENERGY AUTHORITY

2.1 Effective Date and Term. This Agreement shall become effective and Marin Energy Authority shall exist as a separate public agency on the date this Agreement is executed by at least two Initial Participants after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(10). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.4, subject to the rights of the Parties to withdraw from the Authority.

2.2 Initial Participants. During the first 180 days after the Effective Date, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(10) to the Authority.

Additional conditions, described in Section 3.1, may apply (i) to either an incorporated municipality or county desiring to become a Party and is not an Initial Participant and (ii) to Initial Participants that have not executed and delivered this Agreement within the time period described above.

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2.3 Formation. There is formed as of the Effective Date a public agency named the Marin Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority.

Notwithstanding Section 8.4 of this Agreement, this Section 2.3 may not be amended unless such amendment is approved by the governing board of each Party.

2.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate as a group in the CCA Program, as further described in Section 5.1. The Parties intend that subsequent agreements shall define the terms and conditions associated with the actual implementation of the CCA Program and any other energy programs approved by the Authority.

2.5 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following:

2.5.1 make and enter into contracts;

2.5.2 employ agents and employees, including but not limited to an Executive Director;

2.5.3 acquire, contract, manage, maintain, and operate any buildings, works or improvements;

2.5.4 acquire by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property;

2.5.5 lease any property;

2.5.6 sue and be sued in its own name;

2.5.7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Section 53850 et seq. and authority under the Act;

2.5.8 issue revenue bonds and other forms of indebtedness;

2.5.9 apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state or local public agency;
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2.5.10 submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;

2.5.11 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority (“Operating Rules and Regulations”); and

2.5.12 make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services.

2.6 Limitation on Powers . As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the County of Marin.

2.7 Compliance with Local Zoning and Building Laws. Notwithstanding any other provisions of this Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed.

ARTICLE 3

AUTHORITY PARTICIPATION

3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights of Initial Participants, other incorporated municipalities and counties may become Parties upon (a) the adoption of a resolution by the governing body of such incorporated municipality or such county requesting that the incorporated municipality or county, as the case may be, become a member of the Authority, (b) the adoption, by an affirmative vote of the Board satisfying the requirements described in Section 4.9.1, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(10) and execution of this Agreement and other necessary program agreements by the incorporated municipality or county, (d) payment of the membership payment, if any, and (e) satisfaction of any conditions established by the Board.

Notwithstanding the foregoing, in the event the Authority decides to not implement a CCA Program, the requirement that an additional party adopt the ordinance required by Public Utilities Code Section 366.2(c)(10) shall not apply.

Under such circumstance, the Board resolution authorizing membership of an additional incorporated municipality or county shall be adopted in accordance with the voting requirements of Section 4.10.

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3.2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/or withdrawal or termination of Parties.

The Parties agree to participate with such other Parties as may later be added, as described in Section 3.1. The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations under this Agreement.

ARTICLE 4

GOVERNANCE AND INTERNAL ORGANIZATION

4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with Section 4.2.

4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows:

4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent from a Board meeting. The person appointed and designated as the Director or the alternate Director shall be a member of the governing body of the Party. As an alternative to appointing its own Director and alternate Director, the governing body of any Party may elect to designate another Party within the same county (the “designated Party”) to represent it on the Board with the Director and alternate Director from the designated Party (the “consolidated Parties”). Notwithstanding any provision in this Agreement to the contrary, in the case of such an election by one or more Parties in the same county, the designated Party shall have the combined votes and voting shares of the consolidated Parties and shall vote on behalf of the consolidated Parties. The governing body of a Party may revoke its designation of another Party to vote on its behalf at any time. Neither an election by a Party to designate another Party to vote on its behalf or a revocation of this election shall be effective unless provided in a written notice to the Authority.

4.2.2 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2.5.11, shall specify the reasons for and process associated with the removal of an individual Director for cause. Notwithstanding the foregoing, no Party shall be deprived of its right to seat a Director on the Board and any such Party for which its 138
Director and/or alternate Director has been removed may appoint a replacement.

4.3 Terms of Office. Each Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director in accordance with the provisions of Section 4.2 within 90 days of the date that such position becomes vacant.

4.4 Quorum. A majority of the Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law.

4.5 Powers and Function of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law.

4.6 Executive Committee. The Board may establish an executive committee consisting of a smaller number of Directors. The Board may delegate to the executive committee such authority as the Board might otherwise exercise, subject to limitations placed on the Board’s authority to delegate certain essential functions, as described in the Operating Rules and Regulations. The Board may not delegate to the Executive Committee or any other committee its authority under Section 2.5.11 to adopt and amend the Operating Rules and Regulations.

4.7 Commissions, Boards and Committees . The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement.

4.8 Director Compensation. Compensation for work performed by Directors on behalf of the Authority shall be borne by the Party that appointed the Director.

The Board, however, may adopt by resolution a policy relating to the reimbursement of expenses incurred by Directors.

4.9 Board Voting Related to the CCA Program .

4.9.1. To be effective, on all matters specifically related to the CCA Program, a vote of the Board shall consist of the following: (1) a majority of all Directors shall vote in the affirmative or such higher voting percentage expressly set forth in Sections 7.2 and 8.4 (the “percentage vote”) and (2) the corresponding voting shares (as described in Section 4.9.2 and Exhibit D) of all such Directors voting in the affirmative shall exceed 50%, or such other higher voting shares percentage expressly set forth in Sections

7.2 and 8.4 (the “percentage voting shares”), provided that, in instances in which such other higher voting share percentage would result in any one 139
Director having a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter.

4.9.2. Unless otherwise stated herein, voting shares of the Directors shall be determined by combining the following: (1) an equal voting share for each Director determined in accordance with the formula detailed in Section

4.9.2.1, below; and (2) an additional voting share determined in accordance with the formula detailed in Section 4.9.2.2, below.

4.9.2.1 Pro Rata Voting Share. Each Director shall have an equal voting share as determined by the following formula: (1/total number of Directors) multiplied by 50, and

4.9.2.2 Annual Energy Use Voting Share. Each Director shall have an additional voting share as determined by the following formula:
(Annual Energy Use/Total Annual Energy) multiplied by 50, where (a) “Annual Energy Use” means, (i) with respect to the first 5 years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWhs”), within the Party’s respective jurisdiction and (ii) with respect to the period after the fifth anniversary of the Effective Date, the annual electricity usage, expressed in kWhs, of accounts within a Party’s respective jurisdiction, and any additional jurisdictions which they represent, that are served by the Authority and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy use are designated in Exhibit C, and shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year

4.9.2.3 The voting shares are set forth in Exhibit D. Exhibit D may be updated to reflect revised annual energy use amounts and any changes in the parties to the Agreement without amending the Agreement provided that the Board is provided a copy of the updated Exhibit D.

4.10 Board Voting on General Administrative Matters and Programs Not Involving CCA. Except as otherwise provided by this Agreement or the Operating Rules and Regulations, each member shall have one vote on general administrative matters, including but not limited to the adoption and amendment of the Operating Rules and Regulations, and energy programs not involving CCA.

Action on these items shall be determined by a majority vote of the quorum present and voting on the item or such higher voting percentage expressly set forth in Sections 7.2 and 8.4.

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4.11 Board Voting on CCA Programs Not Involving CCA That Require Financial Contributions. The approval of any program or other activity not involving CCA that requires financial contributions by individual Parties shall be approved only by a majority vote of the full membership of the Board subject to the right of any Party who votes against the program or activity to opt-out of such program or activity pursuant to this section. The Board shall provide at least 45 days prior written notice to each Party before it considers the program or activity for adoption at a Board meeting. Such notice shall be provided to the governing body and the chief administrative officer, city manager or town manager of each Party.

The Board also shall provide written notice of such program or activity adoption to the above-described officials of each Party within 5 days after the Board adopts the program or activity. Any Party voting against the approval of a program or other activity of the Authority requiring financial contributions by individual Parties may elect to opt-out of participation in such program or activity by providing written notice of this election to the Board within 30 days after the program or activity is approved by the Board. Upon timely exercising its opt-out election, a Party shall not have any financial obligation or any liability whatsoever for the conduct or operation of such program or activity.

4.12 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).

4.13 Selection of Board Officers.

4.13.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair.

The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws form the Authority pursuant to the provisions of this Agreement.

4.13.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of 141
all meetings of the Board and all other official records of the Authority.

4.13.3 Treasurer and Auditor. The Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. If the Board so designates, and in accordance with the provisions of applicable law, a qualified person may hold both the office of Treasurer and the office of Auditor of the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Board may require the Treasurer and/or Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested the Authority shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 6.

4.14 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the Authority and the appointed administrative services provider or providers that will be known as an Administrative Services Agreement. The Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program.

ARTICLE 5

IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS

5.1 Preliminary Implementation of the CCA Program.

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5.1.1 Enabling Ordinance. Except as otherwise provided by Section 3.1, prior to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(10) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority.

5.1.2 Implementation Plan . The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.9.

5.1.3 Effect of Vote On Required Implementation Action. In the event that two or more Parties vote to approve Program Agreement 1 or any earlier action required for the implementation of the CCA Program (“Required Implementation Action”), but such vote is insufficient to approve the Required Implementation Action under Section 4.9, the following will occur:

5.1.3.1 The Parties voting against the Required Implementation Action shall no longer be a Party to this Agreement and this Agreement shall be terminated, without further notice, with respect to each of the Parties voting against the
Required Implementation Action at the time this vote is final. The Board may take a provisional vote on a
Required Implementation Action in order to initially
determine the position of the Parties on the Required
Implementation Action. A vote, specifically stated in the record of the Board meeting to be a provisional vote, shall not be considered a final vote with the consequences
stated above. A Party who is terminated from this
Agreement pursuant to this section shall be considered the same as a Party that voluntarily withdrew from the
Agreement under Section 7.1.1.1.

5.1.3.2 After the termination of any Parties pursuant to Section

5.1.3.1, the remaining Parties to this Agreement shall be only the Parties who voted in favor of the Required
Implementation Action.

5.1.4 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any 143
time in accordance with any applicable requirements of state law.

5.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 7.

ARTICLE 6

FINANCIAL PROVISIONS

6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing April 1 and ending March 31. The fiscal year may be changed by Board resolution.

6.2 Depository.

6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity.

6.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times.

The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

6.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

6.3 Budget and Recovery Costs.

6.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected 144
expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with the Operating Rules and Regulations.

6.3.2 County Funding of Initial Costs. The County of Marin shall fund the Initial Costs of the Authority in implementing the CCA Program in an amount not to exceed $500,000 unless a larger amount of funding is approved by the Board of Supervisors of the County. This funding shall be paid by the County at the times and in the amounts required by the Authority. In the event that the CCA Program becomes operational, these Initial Costs paid by the County of Marin shall be included in the customer charges for electric services as provided by Section 6.3.4 to the extent permitted by law, and the County of Marin shall be reimbursed from the payment of such charges by customers of the Authority. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County of Marin shall not be entitled to any reimbursement of the Initial Costs it has paid from the Authority or any Party.

6.3.3 CCA Program Costs. The Parties desire that, to the extent reasonably practicable, all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric services under the CCA Program, including the establishment and maintenance of various reserve and performance funds, shall be recovered through charges to CCA customers receiving such electric services.

6.3.4 General Costs. Costs that are not directly or indirectly attributable to the provision of electric services under the CCA Program, as determined by the Board, shall be defined as general costs. General costs shall be shared among the Parties on such basis as the Board shall determine pursuant to an Authority Document.

6.3.5 Other Energy Program Costs. Costs that are directly or indirectly attributable to energy programs approved by the Authority other than the CCA Program shall be shared among the Parties on such basis as the Board shall determine pursuant to an Authority Document.

ARTICLE 7

WITHDRAWAL AND TERMINATION

7.1 Withdrawal.

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7.1.1 General.

7.1.1.1 Prior to the Authority’s execution of Program Agreement 1, any Party may withdraw its membership in the Authority by giving no less than 30 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. To permit consideration by the governing body of each Party, the Authority shall provide a copy of the proposed Program Agreement 1 to each Party at least 90 days prior to the consideration of such agreement by the Board.

7.1.1.2 Subsequent to the Authority’s execution of Program Agreement 1, a Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to the Authority and each Party, and upon such other conditions as may be prescribed in Program Agreement 1.

7.1.2 Amendment. Notwithstanding Section 7.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement in the manner provided by Section 8.4.

7.1.3 Continuing Liability; Further Assurances. A Party that withdraws its membership in the Authority may be subject to certain continuing liabilities, as described in Section 7.3. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. The Operating Rules and Regulations shall prescribe the rights if any of a withdrawn Party to continue to participate in those Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party.

7.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement or the Authority Documents upon an affirmative vote of the Board in which the minimum percentage vote and percentage voting shares, as described in Section

4.9.1, shall be no less than 67%, excluding the vote and voting shares of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or the Authority Documents that the Party has allegedly violated. The Party subject to possible termination 146
shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in the Authority terminated may be subject to certain continuing liabilities, as described in Section

7.3. In the event that the Authority decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 rather than Section 4.9.1.

7.3 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or liabilities arising from the Party’s membership in the Authority through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any claims, demands, damages, or liabilities arising after the date of the Party’s withdrawal or involuntary termination. In addition, such Party also shall be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party’s liability for the costs described above. Any amount of the Party’s funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party.

7.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7.1.

7.5 Disposition of Property upon Termination of Authority. Upon termination of this Agreement as to all Parties, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Parties in proportion to the contributions made by each.

ARTICLE 8

MISCELLANEOUS PROVISIONS

8.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should 147
such efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be settled by binding arbitration in accordance with policies and procedures established by the Board.

8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees.

8.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties and the public.

The Authority shall defend, indemnify and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement.

8.4 Amendment of this Agreement. This Agreement may be amended by an affirmative vote of the Board in which the minimum percentage vote and percentage voting shares, as described in Section 4.9.1, shall be no less than 67%.

The Authority shall provide written notice to all Parties of amendments to this Agreement, including the effective date of such amendments. A Party shall be deemed to have withdrawn its membership in the Authority effective immediately upon the vote of the Board approving an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board’s vote of the Party’s intention to withdraw its membership in the Authority should the amendment be approved by the Board.

As described in Section 7.3, a Party that withdraws its membership in the Authority in accordance with the above-described procedure may be subject to continuing liabilities incurred prior to the Party’s withdrawal. In the event that the Authority decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 rather than Section 4.9.1.

8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the 148
successors and assigns of the Parties. This Section 8.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement.

8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.

8.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.

8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties.

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ARTICLE 9

SIGNATURE

IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority)

By:

Name:

Title:- - --="Ci"t'y-'--=M=:.=.:..a:=a.g:n: =cr:e.-_ _ _ _ _ _

Date:- - ----=-J=-u=ne::...1..:.2, =2.,,,'"0"'-1"'-9 _ _ _ _ _ _

Party: City of Vallejo

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184

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186
Exhibit A

To the
Joint Powers Agreement
Marin Energy Authority

-Definitions-

“AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA.

“Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.)

“Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by the Authority with an entity that will perform tasks necessary for planning, implementing, operating and administering the CCA Program or any other energy programs adopted by the Authority.

“Agreement” means this Joint Powers Agreement.

“Annual Energy Use” has the meaning given in Section 4.9.2.2.

“Authority” means the Marin Energy Authority.

“Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.

“Board” means the Board of Directors of the Authority.

“CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2.

“CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.4 and 5.1.

“Director” means a member of the Board of Directors representing a Party.

“Effective Date” means the date on which this Agreement shall become effective and the Marin Energy Authority shall exist as a separate public agency, as further described in Section 2.1.

“Implementation Plan” means the plan generally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the 187
California Public Utilities Commission for the purpose of describing a proposed CCA Program.

“Initial Costs” means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of an Executive Director and any administrative staff, any required accounting, administrative, technical and legal services in support of the Authority’s initial activities or in support of the negotiation, preparation and approval of one or more Administrative Services Provider Agreements and Program Agreement 1. Administrative and operational costs incurred after the approval of Program Agreement 1 shall not be considered Initial Costs.

“Initial Participants” means, for the purpose of this Agreement, the signatories to this JPA as of May 5, 2010 including City of Belvedere, Town of Fairfax, City of Mill Valley, Town of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon and County of Marin.

“Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority.

“Parties” means, collectively, the signatories to this Agreement that have satisfied the conditions in Sections 2.2 or 3.2 such that it is considered a member of the Authority.

“Party” means, singularly, a signatory to this Agreement that ha s satisfied the conditions in Sections 2.2 or 3.2 such that it is considered a member of the Authority.

“Program Agreement 1” means the agreement that the Authority will enter into with an energy service provider that will provide the electricity to be distributed to customers participating in the CCA Program.

“Total Annual Energy” has the meaning given in Section 4.9.2.2.

188
Exhibit B

To the
Joint Powers Agreement
Marin Energy Authority

-List of the Parties-
City of American Canyon
City of Belvedere
City of Benicia
City of Calistoga
City of Concord
Town of Corte Madera
Town of Danville
City of El Cerrito
Town of Fairfax
City of Fairfield
City of Lafayette
City of Larkspur
City of Martinez
Town of Moraga
City of Mill Valley
City of Napa
City of Novato
City of Oakley
City of Pinole
City of Pittsburg
City of Pleasant Hill
City of Richmond
Town of Ross
Town of San Anselmo
City of San Pablo
City of San Rafael
City of San Ramon
City of Sausalito
St. Helena
Town of Tiburon
City of Vallejo
City of Walnut Creek
Town of Yountville
County of Contra Costa
County of Marin
County of Napa
County of Solano

189
Exhibit C

Marin Clean Energy
This Exhibit C is effective as of November 19, 2020.

MCE Member Communities
- Annual Energy
Use -
This Exhibit C is effective as of November 19, 2020.

MCE Member Community kWh (2019)
City of American Canyon

76,695,933
City of Belvedere

7,577,958
City of Benicia

113,063,212
City of Calistoga

25,994,261
City of Concord

498,162,604
Town of Corte Madera

46,419,358
County of Contra Costa

673,004,355
Town of Danville

159,347,837
City of El Cerrito

57,817,586
Town of Fairfax

17,969,915
City of Fairfield*

452,596,498
City of Lafayette

94,682,154
City of Larkspur

42,611,547
City of Martinez

151,009,009
City of Mill Valley

44,571,991
County of Marin

231,346,718
Town of Moraga

43,994,965
190
City of Napa

306,136,179
County of Napa 299,606,262
City of Novato

184,366,404
City of Oakley

105,972,646
City of Pinole

64,070,289
City of Pittsburg

404,506,338
City of Pleasant Hill*

125,951,493
City of Richmond

374,022,160
Town of Ross

9,855,768
Town of San Anselmo

32,381,273
City of San Ramon

301,946,012
City of Saint Helena

48,784,002
City of San Pablo

63,337,637
City of San Rafael

218,232,540
City of Sausalito

32,001,734
County of Solano*

176,902,587
Town of Tiburon

29,057,049
City of Vallejo*

332,927,602
City of Walnut Creek

344,139,693
Town of Yountville

30,941,216
MCE Total Energy Use

6,222,004,783

*2019 usage data as provided by PG&E.

All other usage data reflects MCE customer billing records for 2019.

191
Exhibit D

Marin Clean Energy
- Voting Shares -
This Exhibit D is effective as of November 19, 2020.

MCE Member Community kWh (2019)
Section

4.9.2.1 Section

4.9.2.2 Voting
Share
City of American Canyon 76,695,933 1.35% 0.62% 1.97% City of Belvedere 7,577,958 1.35% 0.06% 1.41% City of Benicia 113,063,212 1.35% 0.91% 2.26%
City of Calistoga 25,994,261 1.35% 0.21% 1.56% City of Concord 498,162,604 1.35% 4.00% 5.35%
Town of Corte Madera 46,419,358 1.35% 0.37% 1.72% County of Contra Costa 673,004,355 1.35% 5.41% 6.76% Town of Danville 159,347,837 1.35% 1.28% 2.63%
City of El Cerrito 57,817,586 1.35% 0.46% 1.82% Town of Fairfax 17,969,915 1.35% 0.14% 1.50%
City of Fairfield* 452,596,498 1.35% 3.64% 4.99% City of Lafayette 94,682,154 1.35% 0.76% 2.11% City of Larkspur 42,611,547 1.35% 0.34% 1.69%
City of Martinez 151,009,009 1.35% 1.21% 2.56%
City of Mill Valley 44,571,991 1.35% 0.36% 1.71% County of Marin 231,346,718 1.35% 1.86% 3.21%
Town of Moraga 43,994,965 1.35% 0.35% 1.70%
City of Napa 306,136,179 1.35% 2.46% 3.81%
County of Napa 299,606,262 1.35% 2.41% 3.76%
City of Novato 184,366,404 1.35% 1.48% 2.83%
City of Oakley 105,972,646 1.35% 0.85% 2.20%
City of Pinole 64,070,289 1.35% 0.51% 1.87%
City of Pittsburg 404,506,338 1.35% 3.25% 4.60%
City of Pleasant Hill* 125,951,493 1.35% 1.01% 2.36% City of Richmond 374,022,160 1.35% 3.01% 4.36%
Town of Ross 9,855,768 1.35% 0.08% 1.43%
Town of San Anselmo 32,381,273 1.35% 0.26% 1.61% City of San Ramon 301,946,012 1.35% 2.43% 3.78%
City of Saint Helena 48,784,002 1.35% 0.39% 1.74% City of San Pablo 63,337,637 1.35% 0.51% 1.86% City of San Rafael 218,232,540 1.35% 1.75% 3.11% City of Sausalito 32,001,734 1.35% 0.26% 1.61% 192
County of Solano* 176,902,587 1.35% 1.42% 2.77%
Town of Tiburon 29,057,049 1.35% 0.23% 1.58%
City of Vallejo* 332,927,602 1.35% 2.68% 4.03%
City of Walnut Creek 344,139,693 1.35% 2.77% 4.12% Town of Yountville 30,941,216 1.35% 0.25% 1.60% MCE Total Energy Use 6,222,004,783 50.00% 50.00% 100.00%

*2019 usage data as provided by PG&E.

All other usage data reflects MCE customer billing
records for 2019.

193
Marin Clean Energy
- Voting Shares -
This Exhibit D is effective as of July 15, 2021.

MCE Member Community kWh (2020) Section 4.9.2.1 Section 4.9.2.2 Voting Share City of American Canyon 82,384,918 1.35% 0.66% 2.02% City of Belvedere 8,242,838 1.35% 0.07% 1.42% City of Benicia 113,121,572 1.35% 0.91% 2.26% City of Calistoga 24,292,616 1.35% 0.20% 1.55% City of Concord 484,268,773 1.35% 3.90% 5.26% Town of Corte Madera 43,401,404 1.35% 0.35% 1.70% County of Contra Costa 668,467,979 1.35% 5.39% 6.74% Town of Danville 164,741,848 1.35% 1.33% 2.68% City of El Cerrito 56,749,229 1.35% 0.46% 1.81% Town of Fairfax 18,752,266 1.35% 0.15% 1.50% City of Fairfield* 452,596,498 1.35% 3.65% 5.00% City of Lafayette 97,521,046 1.35% 0.79% 2.14% City of Larkspur 41,775,165 1.35% 0.34% 1.69% City of Martinez 151,918,231 1.35% 1.22% 2.58% City of Mill Valley 43,839,922 1.35% 0.35% 1.70% County of Marin 240,899,692 1.35% 1.94% 3.29% Town of Moraga 45,842,978 1.35% 0.37% 1.72% City of Napa 297,725,185 1.35% 2.40% 3.75% County of Napa 291,011,498 1.35% 2.35% 3.70% City of Novato 188,205,506 1.35% 1.52% 2.87% City of Oakley 115,381,073 1.35% 0.93% 2.28% City of Pinole 62,405,765 1.35% 0.50% 1.85% City of Pittsburg 415,746,820 1.35% 3.35% 4.70% City of Pleasant Hill* 125,951,493 1.35% 1.02% 2.37% City
of Richmond 370,450,695 1.35% 2.99% 4.34% Town of Ross 9,922,043 1.35% 0.08% 1.43% Town of San Anselmo 32,630,026 1.35% 0.26% 1.61% City
of San Ramon 297,700,524 1.35% 2.40% 3.75% City of Saint Helena 43,715,366 1.35% 0.35% 1.70% City of San Pablo 62,680,406 1.35% 0.51% 1.86% City of San Rafael 216,005,447 1.35% 1.74% 3.09% City of Sausalito 30,315,945 1.35% 0.24% 1.60% County of Solano* 176,902,587 1.35% 1.43% 2.78% Town of Tiburon 28,605,599 1.35% 0.23% 1.58% City of Vallejo* 332,927,602 1.35% 2.68% 4.04% City of Walnut Creek 336,666,633 1.35% 2.71% 4.07% Town of Yountville 28,773,329 1.35% 0.23% 1.58% MCE Total Energy Use 6,202,540,516 50.00% 50.00% 100.00% *2019 usage data as provided by PG&E.

All other usage data reflects MCE customer billing records for 2020. 194
MCE
Joint Powers Authority, Enabling Community Choice
1 195
How Electric Service Works
2 196
OUR MISSION Confront the climate crisis by eliminating
fossil fuel greenhouse gas emissions,
producing renewable energy, and
creating equitable community benefits.

Lead California to an equitable, clean,
affordable, and reliable energy
economy by serving as a model for
community-based renewable energy,
energy efficiency, and cutting-edge
clean-tech products and programs.

OUR VISION
197
Community
Choice in
California
4 • Enabling Legislation
AB 117, 2002
• Opt-out model
• Customers can
always return to
PG&E service
198
37 Member Communities
5 4 Bay Area
Counties
580,000
Accounts

1.5 million +
Customers
199
Not-for-Profit Public Agency
33 Board Members. Elected officials. No tax dollars.

Solano County Marin County
Contra Costa County
6 Napa County
200
Understanding MCE Rates
• MCE sets rates for electricity generation
only. MCE does not set rates for electric
delivery, or natural gas.
• MCE typically sets its rates once a year.
• MCE’s rates are released to the public
with a 30-day rev
iew and comment
period. All rate changes are reviewed
publicly by MCE’s Boar
d of Directors
and approved in a voting meeting.
7 201
Sample Bill
8 With PG&E
Service
With PG&E
Service
MCE charges
replace PG&E’s
MCE charges
replace PG&E’s
202
Your choice
supports new CA
renewables
9 Renewable (%) 49% 60% 100%
Bioenergy 4 6 0
Geothermal 5 6 0
Small Hydro 2 1 0
Solar 27 31 50
Wind 11 16 50
Large Hydro 4 37 0
Natural Gas 8 0 0
Nuclear 39 1 0
Unspecified/Other 0 2 0

PG&E MCE
Light Green
MCE
Deep Green
2021 Power Content
203
Your Dollars at Work
Energy
Efficiency
Audits, Rebates,
Usage Reduction
• $2.4M in rebates
• Over 1,200
customers served
Electric
Vehicles
Vehicle and Charging
Station Rebates
• Over 1,100 EV
charging ports
install
ed
• 300+ vehicle rebates
Electrification
Heat Pump Installs and
Contractor Training
• 25+ contractors
engaged and 125
pumps install
ed
Equity, Health,
& Safety
Health, Safety, and
Resiliency Upgrades
• 200 portable
batteries distributed
• $750,000 in solar
rebates
Energy
Resiliency
Distributed Resources,
Demand Response,
Virtual Power Plant,
and Behavioral
Programs
• Shifting load out of
peak hours
204
The Power of MCE
700K metric tons of GHGs eliminated since 2010
60% renewable since 2017, 100% renewable service option 95% carbon-free by 2023
$214 M reinvested in MCE communities since 2010
$2.4 B committed to building new CA renewable projects
48 MW of new renewable projects built in our service area

2.8 M labor hours supported
6,000 jobs created
11 205
Timeline & Staff
Commitment
12 206
Steps to Join MCE

1. City staff completes two required PG&E forms (forms 79–1030 and 79–1031);

2. Before June 30, 2023: City Council passes resolution, ordinance, and memorandum of
understanding to join MCE;

3. Mayor signs signature page of MCE’s joint powers authority (JPA) agreement;

4. MCE conducts technical analysis;

5. MCE board of directors holds vote to include prospective new communities by end of 2023;

6. Enrollment of new communities begins in 2025, pending certification by the California Public Utilities Commission (CPUC).

There is no cost to join MCE in 2023.
13 207
Staff Time

1. PG&E Forms (79-1030 and 79-1031)
Requires signature from City Manager, low time commitment

2. Resolution, Ordinance and MOU
MCE will provide examples that staff can edit with appropriate information, minimal time commitment

3. JPA Signature Page and Board Appointment
Requires signature from City Manager, low time commitment

4. Communication with MCE staff prior to and during enrollment Subject to staff and council interest and availability
MCE works to minimize staff time.
14 208
Thank You!
mceCleanEnergy.org
[email protected]
@mceCleanEnergy
15 209

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, AICP, Community Development Director SUBJECT: EV Charging at City Facilities
RECOMMENDED ACTION:

1. Receive an informational update from staff and Electric Vehicle Charging Services, Inc. (EVCS) regarding their Charging as a Service model and Bay Area Air Quality Management District (BAAQMD) Charge! grant application;

2. Ask any questions;

3. Take public comment; and

4. Provide any direction to staff regarding next steps.

BACKGROUND:

At a special “shirtsleeves” meeting on sustainability initiatives held on January 17, 2023, the City Council requested that staff return with more information on options for accelerating the deployment of public Electric Vehicle (EV) charging facilities in Hercules.

In its regulatory capacity, the City complies with state streamlining requirements for EV charger permitting. The City has also adopted a “reach code” that goes beyond 2022 California Building Code requirements to require additional operationa l EV charging at new multifamily and hospitality facilities. In addition, the City has negotiated EV charging commitments through development agreements for major projects , including Safeway, the hotel at Sycamore Crossing, and the Bayfront development.

As part of the ENGIE engineering services contract executed in 2020, the City installed conduit and verified sufficient electrical capacity to install EV chargers at City Hall and the Community Swim Center parking facilities; however, no chargers were inst alled. At that 210
time, ENGIE estimated the installed cost per charger at $33,500 to $42,000 for Level 2 chargers and $100,000 to $112,500 per charger for Level 3 DC Fast Charging (DCFC).

ANALYSIS:

City staff consulted with ENGIE regarding likely cost escalation from their 2020 estimates.

Using the California Construction Cost Index published by the state Department of General Services, Real Estate Division, construction costs have escalated by 33% from June 2020 through January 2023. This results in an estimated installed cost per charger of approximately $45,000 to $56,000 for Level 2 chargers and $133,000 to $150,000 for Level 3 DCFC.

In January and February 2023, City staff consulted with staff from the Governor’s Office of Business and Economic Develo pment, the Governor’s Office of Planning and Research, the Metropolitan Transportation Commission, Contra Costa Transportation Authority, Contra Costa Public Works Department , and City of El Cerrito regarding EV charging grant and partnership opportunities.

Staff identified and analyzed seven grant or partnership programs that provide funding for EV charging facilities . The results are summarized in Attachment 1. Many of these programs are limited to, or prioritize funding for, Disadvantaged and/or Low -Income Communities, which makes Hercules ineligible or likely uncompetitive for these programs.

The programs for which Hercules is eligible typically cover up to only about one -third of the cost of the installation and charging equipment, provide this partial reimbursement one to three years after installation, and have extensive maintenance and reporting requirements. Given the City’s limited staffing, staff does not believe the City could be competitive on its own in seeking EV charging grants, nor does it have the staff capacity to manage procurement, installation, maintenance, reporting, and grant administration. In addition, funding has not been identified for the City’s up -front costs to install charging facilities.

Charging As A Service Model
Given these and similar limitations, it is common for site hosts to partner with vendors who specialize in EV charging facilities, who bundle multiple sites into a grant application that could be more com petitive, provide gap funding, and then install, own, and operate the chargers under a site hosting agreement with the property owner.

The Bay Area Air Quality Management District offers a grant program to provide funding to offset the cost of purchasing and installing publicly accessible, pay -for-use EV chargers. In a coordinated effort to expand the infrastructure network in Solano County, the Solano Transportation Authority (STA) contacted six vendors from the air district - approved vendors list and identified Electric Vehicle Charging Solutions, Inc. (EVCS) as the most responsive EV charger vendor.
211

EVCS was founded in 2018 and currently is one of the larger electric vehicle charging networks on the West Coast. Its fast chargers are powered by 100% ren ewable energy and offer a turn-key approach that utilizes public and private funding sources to promote more installations . According to the company, its mission is to cut emissions while simultaneously improving air quality by enabling the rapid adoption of zero -emission electric vehicles.

In 2022, EVCS announced it had raised $68.8 million in funding to help expand its presence to over thirty -five new cities in California, Oregon, and Washington.

Previously, EVCS had secured over $50 million in government funding and implemented nearly 150 partner sites to establish its net zero carbon charging network. EVCS currently has active agreements with Solano County and the Cities of Fairfield, Vallejo and Vacaville. EVCS will receive and manage grants and there is no local match required.

The estimated completion time ranges from 18 to 30 months. Contra Costa County is in the process of negotiating a similar agreement with EVCS.

In consultation with Contra Costa County Publi c Works staff, City staff identified the opportunity to install publicly accessible DCFC stations at the Hercules Civic Center and Community Swim Center with no material cost to the City. This opportunity would be created through a public private partnership with EVCS. EVCS would own, operate, and maintain the DCFC units and will establish new electrical service meters with PG&E to supply sites with dedicated electrical capacity. EVCS would be responsible for all material and labor costs associated with des ign, construction, maintenance, and operation of DCFC units, including electricity costs. These DCFC units would be open to the public and not dedicated to City fleet use.

Jessie Guo, Director of Network Expansion for EVCS, will make a brief presentation and be available to answer questions.

Charge! Grant Application
On February 27, 2023, EVCS made City staff aware of an opportunity to participate as a potential site host in a Charge! Grant application to the Bay Area Air Quality Management District, with an application deadline of March 3, 2023 . The Charge! Program provides grant funding to offset the cost of purchasing and installing new chargers for light -duty electric vehicles (EV) at workplaces, destinations, transit parking locations, along transportation corridors, and multi-unit dwelling facilities.

Given the short timeframe for the grant application, with the approval of the City Manager, EVCS’s grant application included two City-owned sites in Hercules: the Civic Center and the Community Swim Center.

212
Next Steps
Charge! grant awards are expected to be announced in May or June 2023. If the grant is successful, staff will return to Council for authorization to negotiate a Site Host Agreement with EVCS for each site.

On March 7, 2023, the Contra Costa County Board of Super visors agenda included an item authorizing County Public Works staff to negotiate Site Host Agreements with EVCS for Direct Current Fast Chargers at over 20 County -owned library locations and other County-owned facilities. If approved by the Board, the Cou nty agreement with EVCS would provide a template for the City’s agreement under similar terms, as allowed by the consolidation provisions of the California Public Contract Code.

FISCAL IMPACT:

There is no fiscal impact associated with this informational update. If the City enters into a Site Host Agreement with EVCS, the design, construction, maintenance, operation, and other services would be provided by EVCS at no cost to the City. The contract would generate revenue for the City at a rate of $0.07/kilowatt hour (kWh). The estimated annual revenue to the County is $7,000 per charger , or $70,000 per charger for the term of the agreement. City project management would be undertaken by Community Development staff.

ATTACHMENTS:

Attach 1 – EV Charging Funding Opportunities
Attach 2 – EVCS presentation

213
EV Charging Funding Opportunities
Funder Program Eligibility Deadline Criteria/Priorities Funding Min. award Max award Terms Reporting BAAQMD Charge! Eligible for non-
PPA funds
3/3/2023 60% of funding reserved for
Priority Population Areas
(PPAs)
$2,000,000 for non-PPAs $10,000 for
multifamily or
government
projects
85% after 1 year,
remainder after 3 years
semi-annual
operational and
expenditure
reports
PG&E EV Fast Charge Eligible for pole
to parking space
infrastructure
only
rolling Disadvantaged Communities
priority
Outside DACs, PG&E pays for make-ready infrastructure
(pole to parking space) only
Vendor applies on behalf
of site host; 5 year
maintenance
commitment
CARB Low Carbon Fuel
Standard Credits
Potentially
eligible (DCFC
only)
12/31/2025 Public and workplace EV
charging; hydrogen and
DCFC only
Low carbon fuel credits based on unused fueling
capacity; as usage increases, site will generate more
LCFS fuel credits and fewer infrastructure credits
Tax credit; may not have
value to a tax-exempt
entity
Tesla Charging Partners Potentially
eligible, but City-
owned sites may
not be
competitive
Partners expected to
purchase and install six or
more Wall Connectors at a
single location to provide
convenient charging access
for facilities such as hotels,
restaurants, offices or
professionally managed
apartment complexes.

Tesla pays for the installation and maintenance of, and electrity for, Superchargers (the Tesla High-Voltage DC Charger, or Fast Charger), which they own. The other
kind of Tesla charger, called a destination charger,
appears to be paid for and installed by the site owner.

Destination chargers are an amenity to attract Tesla
owners, and are placed at locations where people will
be staying for an extended time, like a hotel. The
property owner can choose whether or not to have a
cost to use the charger.

To qualify for listing on
Tesla’s Find Us map and
Trip Planner, sites must
have regular business
hours, the ability to
accommodate the public
with goods and services
and have full-time
employees on site during
those hours.

State of
California
EV infrastructure
Project (CAL eVIP)
Not eligible Disadvantaged Communities
or Low-Income Community
census tracts only
Rebates up to 50% of project's total approved costs $100,000 per active
connector
California
Energy
Commission
Convenient, High-
Visibility, Low-Cost
Level-2 Charging
(CHiLL-2)
Not eligible Minimum of 500 Level 2
chargers installed per
project, minimum 2 site
types with at least 100
chargers per site type, all
within a 1-mile radius
$24 million total funding available Up to
$10,000,000 per
award
California
Energy
Commission
Golden State Priority
Project
Not eligible Exclusively for DCFC in
disadvantaged and low-
income communities
$30 million
U.S. Internal
Revenue
Service
Section 30C tax credit
Alternative Fuel
Vehicle Refueling
Property Credit
(Inflation Reduction
Act)
Not eligible Low-Income Community or
outside urban area
6% base credit with full 30% available only if prevailing wage/apprenticeship requirements met; preserves tax
cerdit eligibility for infrastructure owned by a tax-
exempt entity (EVCS developer is considered "taxpayer"
for credit purposes)
up to 30% of
cost/ $100,000
per station
214
THE

REVOLUTION

IS HERE
www.evcs.com
@evcsnetwork
(877) 400-3827 (EVCS)
About Us
We’re committed to leading the
electric transportation
revolution by building the
nation’s largest carbon-neutral
vehicle charging infrastructure
that reduces the economic
burden of commuting while
simultaneously improving air
quality. We pledge to focus on
installing stations at key
junctures, commercial sites, and
underrepresented communities.

Visit evcs.com/find-a-charger
to find a location near you
215
Search by zip code, city or address

THE ELYSIAN
1115 W. Sunset Blvd,
Los Angeles, CA 90012
� 4 4 Level 2 Chargers
11} 3 DC Fast Chargers

NOYAN FRAZIER PROPERTIES LLC
1951 W Clinton Avenue,
Fresno, CA 93705
� 7 level 2 Chargers

COVENANT OF FAITH FAMILY
CHURCH
6269 E Kings Canyon Ave,
Fresno, California 93727
� 10 Level 2 Chargers

BENEFICIAL STATE BANK FRESNO
170 W Shaw Ave
Fresno, California 93704
� 10 Level 2 Chargers
Q.

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216
Our Pricing
EVCS App
Download our free app and simply
enter your name and email to sign up.

Input payment information
Scan the QR code at any EVCS station
and charge!

1. 2.

3. DC Fast Charging:
$0.49/kWh
Level 2 Charging:
$0.29/kWh
Most EVs will charge to 80% in less
than 60 minutes using DC fast
chargers. Level 2 charges between
18-25 miles of range per hour.

The average useable battery
capacity of fully electric
vehicles is 60 kWh.

How to:

2. Unlimited
Charging Monthly
Subscription Plan
Credit Card
At EVCS stations, you also can pay with
credit card through the on-station reader
or by calling our support team over the
phone at (877) 400-3827 (EVCS)
For other questions please visit evcs.com or email [email protected].

Sign up at evcs.com/register
to unlock 30 days FREE of
unlimited charging. You may
cancel your plan anytime at
evcs.com/account.

Pay As You Go1.
0$ for 30 days
$49.99/month after
the free trial
217
How fast do your stations charge?
Most EVs will charge to 80% in less than 60 minutes using DC fast chargers. Level 2 charges a typical electric car (60kWh battery) in just under 8 hours to charge from empty to full.

Charging
FAQs
How many kilowatt hours does it take to charge a vehicle? The average useable battery capacity of fully electric vehicles is 60 kWh. An example of an EV with a smaller battery is the Honda e, which carries a 35.5 kWh pack. On the other hand, the Tesla Model S Plaid offers a battery size close to 100 kWh.

How do I calculate the cost of a charge?
If your car requires 40 kWh to recharge fully and the charging rate is $0.29/kWh, you will be charged $11.60 for a full charge.

Do your connectors work with all EV’s?
Yes, all EVCS charging stations can charge all EVs on the road. For Teslas, you do need an adapter to be able to charge at EVCS charging stations.

What are some other factors that influence charging speed? You can only charge a vehicle’s battery at the maximum charge rate the vehicle can accept. For example; if your vehicle’s max charge rate is 7kW, you won’t charge any faster by using a 22kW chargepoint. Also, environmental factors come into play as a colder temperature can make it take slightly longer to charge. 218
Case Study
STA
Sites info:

County of Sol ano: 9 sit es are id entified, cu rrently 3 site fun ded by BAAQMD, MCE a nd LCFS, 1 site is in PG&E F ast Chargin g Program. Total of 30 DCFC and 26 level I Is in which 15 DCFC and 17 level II s are funded and in design p hase.

City of Valle jo: 22 Sites are identified, 21 sites are funded by BAAQMD, MCE and LCFS, 1 site is in PG&E Fas t Charging Progr am. Tot al of 65 DC FC and 90 Level II are fun ded and in design phase.

City of Fair fiel d: 9 Sites are identified , 9 site s are funded by BAAQM D, MCE a nd LCFS, 1 site is in P G&E Fas t Charging Progr am. Tot al of 33 DC FC and 31 Level II 31 are in design p hase CSU Marit ime: 4 sites are identified, 4 si tes are funded by BAAQMD, MCE and LCFS,2 sites are bei ng applied into PG& E Fle et prog ram. Total of 8 DCFC are in de sign phase City of Beni cia: 7 sites are identified
City of Vaca ville: 8 sites are iden tifie d
City of Dixon : 4 sites a re iden tifie d
Funding P rogram u sed:

BAAQMD
MCE
PG&E Fast Ch arging Program
PG&E Fleet program
LCFS
Grant program ap proached:

Carts
REACH
BAAQMD 2022
Total Fun ds secur ed: Around $3.48 Million Plus the IOU committed infrastructure Future Plan: Plan more sites and submit application(s) to NEVI grant. 219
220
221
Program
Detail
Turnkey Solution: Charge as a Service Model
EVCS Owns, Oper ates, M aintains a nd Repairs the C harger Constructi on:

Site Assess ment
Plan & Desig n
Permit
Preconstruc tion Mee ting
Constructio n
Commission
Utility Com pany engagement :

Submit new s ervice application
Facilitate co mmuni cation
Make necess ary pa yment
Discuss design opti ons
Register Meter and P ay electri city bil l (optional)
Maintenance and Repair:

Monitor th e charger
Remote r eboot the C harger
On site repair and replacement
Funding application
Reporting
Profit Share:

Share $0.05 per kW to sit e host
Current Status wi th CCC: Site Host Agreement has been approved and will allow city to use it.
222
Site
Examples
223

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Renewal of a Maintenance and Reimbursement Agreement with San Francisco Bay Area Rapid Transit (BART) and Western Contra Costa Transit Authority (WestCat) for the Hercules Transit Center RECOMMENDED ACTION:

The City Council adopt a resolution approving a Maintenance and Reimbursement Agreement with San Francisco Bay Area Rapid Transit (BART) and Western Contra Costa Transit Authority (WestCat) for the Hercules Transit Center and authorizing the City Manager to execute the agreement on behalf of the City Council.

BACKGROUND:

BART owns the Hercules Transit Center, a satellite park-and-ride facility in the City of Hercules at the corner of Willow Avenue and the I-80 Off-Ramp/SR-4 On-Ramp. Since 2009, the City of Hercules has partnered with BART and WestCAT to operate and maintain the facility. Under the current three party-agreement, Hercules operates the parking program and maintains the facility, including collection of parking fees via a third-party vendor Clancy International, trash removal, street sweeping, landscaping, and repairs. WestCAT provides free connecting bus services to the El Cerrito del Norte BART station to those who have purchased parking, and maintains on-site bus operator restrooms. From the parking fees it collects, Hercules reimburses itself for operating and maintenance expenses and reimburses WestCAT for each free connecting bus trip provided to customers. In FY2022, about 250 such subsidized round trips to BART were made on the bus from the facility to the El Cerrito del Norte BART station. Any remaining money collected from parking fees is retained for future capital expenses or submitted to BART.
224

ANALYSIS:

Due to low facility utilization and increase of remote work options following the COVID- 19 pandemic, the parties are seeking to optimize operating costs while improving the customer experience. The parties agree that, by enabling parking payments in the BART Official App, BART can more cost-effectively collect parking revenues than Hercules’ parking vendor. This would also provide an improved and modernized parking payment experience for customers, who must currently obtain a paper printout or hangtag to park.

The parties further agree that Hercules is best positioned to continue to maintain the facility given its location within the City, allowing for the inclusion of the site in existing city maintenance contracts and servicing by City staff. The parties therefore seek to create a new agreement whereby BART operates the parking program and collects parking revenues, Hercules continues to maintain the facility, and WestCAT continues to receive a subsidy for providing free connecting bus service to BART.

Key terms of the new agreement include the following:
 The base agreement duration will be four (4) years, and will be automatically extended each year, for up to six (6) additional years, unless one of the parties gives notice of termination. This Agreement may be extended beyond the initial ten (10) year term for an additional length of time by written mutual agreement of the Parties.
 BART will collect parking fees via the BART Official App and a parking payment website (once available). Consistent with current practice, a limited number of parking spaces will be set aside for free use for first-time customers who arrive without a smartphone.
 Hercules will continue to perform agreed-upon maintenance expenses which will be paid for from a revolving fund held by the City and for which BART will provide an initial deposit and replenish based upon quarterly invoices of expenses by the City.
 Customers who purchase Daily Parking will continue to receive a free round-trip bus trip to BART. BART will continue to reimburse WestCAT $1.36 for each one- way trip to BART. The existing discount offered for a combined monthly parking and transit pass will be discontinued due to low usage and high administrative burden.
 Facility capital expenses will be prioritized as part of BART’s overall capital budgeting process.

In addition to revising the agreement, BART is working to deliver a capital project at the facility. Funded by Costa County Transportation Authority Measure J, the project has installed emergency blue light telephones and restriped the parking area. By June 30th, the project will also install bus shelter wind screens, new signage, and electrical improvements. BART has also committed to contribute $100K towards the Willow/Palm Pedestrian Corridor Transit Center Connector Project, which is currently out to bid.

225
FISCAL IMPACT:

BART will provide an initial deposit of 50% of the FY 23 -24 Budget less contingency to Hercules for a revolving fund. Expenditures will be made by the City in accordance with the agreed upon budget and the Cit y will reimburse itself by drawing down from the revolving fund balance, so no out -of-pocket expenditures occur. Quarterly invoices will be submitted to BART to replenish the revolving fund on a forward moving basis.

The FY 23/24 & 24/25 City of Hercules maintenance budget, which will be incorporated into each agencies’ annual budget and can be modified as needed by mutual agreement, is shown below.

Item Description Budgeted
Cost FY24
Budgeted
Cost FY25
Program
Administration
City of Hercules staff time for
management of maintenance
contracts. 24 hrs/year
$4,000 $5,000
Street Sweeping Street sweeping $4,000 $5,000
Water (EBMUD) Water & wastewater costs $18,000 $20,000 Landscape
maintenance
Plant, tree, shrub and
sprinkler system
maintenance and repair.
$13,300 $15,000
Trash removal Trash receptacles checked
daily and cans emptied as
needed. Graffiti removed as
needed (work performed by
the City at 5 hrs/week)
$19,000 $19,000
Restrooms Two porta potties cleaned
weekly
$6,200 $7,000
Power washing Power washing twice
annually
$2,500 $3,000
Other expenses /
contingency
Miscellaneous repair (e.g.
damage to fencing, benches
and lighting fixtures).
$15,000 $15,000
Total budgeted costs $81,900 $90,200

ATTACHMENTS:

Attach 1- Resolution
Attach 2- Maintenance and Reimbursement Agreement
Attach 3- 2023 Maintenance and Reimbursement Agreement
226

HERCULES CITY COUNCIL
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING A

MAINTENANCE AND REIM BURSEMENT AGREEMENT WITH SAN FRANCISCO B AY AREA

RAPID TRANSIT (BART) AND WESTERN CONTRA COSTA TRANSIT AUTHOR ITY (WESTCAT)

FOR TH E HERCULES TRANSIT C ENTER AND AUTHORIZIN G THE CITY MANAGER T O

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY COUNCIL

WHEREAS, BART owns the Hercules Transit Center, a satellite park -and-ride facility in the City of Hercules at the corner of Willow Avenue and the I-80 Off-Ramp/SR-4 On-Ramp; and

WHEREAS, since 2009, the City of Hercules has partnered with BART and WestCAT to operate and maintain the facility; and

WHEREAS, under the current three party-agreement, Hercules operates the parking program using a 3rd party vendor , maintains the facility, and reimburses these maintenance activities through the parking revenue generated; and

WHEREAS, the parties wish to update the terms of the agreement including switching parking payments to the BART Official App, allowing BART to more cost-effectively collect parking revenues and for a better customer experience , and establishing a revolving fund which would allow the City to pay for maintenance activities without incurring out of pocket costs.

NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Hercul es that the City Council hereby approves a Maintenance and Reimbursement Agreement with San Francisco Bay Area Rapid Transit (BART) and Western Contra Costa Transit Authority (WestCat) for the Hercules Transit Center and authorizing the City Manager t o execute the agreement on behalf of the City Council.

The foregoing Resolution was duly a nd regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 14th day of March 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Alex Walker-Griffin, Mayor

ATTEST:

227

Eibleis Melendez, Acting City Clerk
228
~\1-0b'O

MAINTENANCE AND REIMBURSEMENT AGREEMENT

HERCULES TRANSIT CENTER

BART REPLACEMENT PARKING FACILITY

HERCULES, CALIFORNIA
(
This Maintenance and Reimbursement Agreement(" Agreement") is made and entered into this 10th day of August 2017 (the "Effective Date"), by and between the City of Hercules, a municipal corporation ("Hercules"), the San Francisco Bay Area Rapid Transit District ("BART"), and the Western Contra Costa Transit Authority ("WCCTA") on the following terms and conditions. Hercules, BART and WCCTA may be referred to individually as a "Party" or collectively the "Parties".

RECITALS
A. Effective April 10, 2006, BART and Hercules entered into an Exchange Option Agreement (the "EOA") whereby BART agreed to exchange its 6.25 acre site 15 which includes its Park and Ride Lot ("Hercules Transit Center") and several undeveloped acres of land located at the comer of Sycamore and San Pablo Avenues (the "PNR Site") for an unimproved 8.69 acre parcel of land owned by Hercules, commonly described as Contra Costa County Assessor's Parcel #406-070-043 (the "C-1 Parcel") with the intent that a Replacement Parking Facility ("RPF") be constructed on the C-1 Parcel. A C-1 parcel map and site plan drawing of the RPF is attached hereto as Exhibit A and incorporated herein by this reference.

B. BART now owns the C-1 Parcel and the RPF and the Hercules Transit Center operation has been relocated from the PNR site to the RPF.

C. On September 25, 2005, the BART Board of Directors adopted Resolution No. 4965 authorizing the General Manager to implement a parking fee program including new parking rates and charges for the Hercules Park and Ride lot. The authorized fees have been applied to the Hercules Transit Center operation at the Replacement Parking Facility.

D. The RPF, sited upon the C-1 Parcel, is located within the boundaries of the City of Hercules.

E. Proper operation, maintenance, and repair of the RPF are in the best interests of and will benefit the Parties to this Agreement as well as the entire region.

F. In July 2009, BART, WCCTA, and the Redevelopment Agency of the City of Hercules entered into a one year Maintenance and Reimbursement Agreement (the "Original Agreement") intended to determine the primary responsibilities of the parties regarding maintenance and operation of the parking program at the RPF.

G. The terms of the July 2009 Original Agreement were never continued by written agreement of the Parties as required by Section 1.03 ofthe Original Agreement.

H. The Parties have agreed to a means to reconcile the paid parking revenues and operating expenses since the inception of the Original Agreement through June 30th 2017 and have agreed to the amount owed by the Hercules Successor Agency to BART. 229
I. Since the Original Agreement became effective, redevelopment agencies across California have been dissolved, so that any new agreement should designate the City of Hercules, and not the Redevelopment Agency, as the appropriate Party to represent the City's interests.

J. For the above reasons, the Parties agree that the Original Agreement has effectively expired, and wish to enter into a New Agreement that properly identifies the current participating Parties, and the primary responsibilities of the respective Parties.

The Parties intend hereby to enter this Agreement whereby the City of Hercules will assume primary responsibility for keeping the RPF in good maintenance, condition and repair, and operating the paid parking program at the RPF, which is expected to generate the funds necessary for its proper maintenance and repair.

NOW, THEREFORE, in consideration of the mutual promises and covenants of this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

Article 1. Term of this Agreement

1.1 Term. The term of this Agreement is 4 years, from August 1, 2017 until July 31, 2021. Upon expiration of the 4-year term, the Agreement shall automatically be extended for six successive 1-year terms, unless a Party provides notice to the other two Parties to terminate the automatic extension.

Notice to terminate the automatic extension is to be in writing and received at least sixty (60) days before the automatic extension would become effective on August 1.

1.2 Termination. This Agreement may be terminated at any time by written mutual agreement of the Parties. Such written agreement shall include provisions for wind-down of operations and final settlement of all financial matters.

1.3 Extension. This Agreement may be extended beyond its term for an additional length of time by written mutual agreement of the Parties.

Article 2. Operation of the BART Paid Parking Program

2.1 Commencement. BART commenced its paid parking program at the new location of the Hercules Transit Center, which is the Replacement Parking Facility ("RPF"), upon the opening date of the RPF.

2.2 Operation by Hercules. BART agrees that the paid parking program at the RPF be operated by Hercules, as BART's agent, according to the roles and responsibilities more particularly described in Exhibits B and C, attached hereto and incorporated by reference. Hercules agrees to require its paid parking program contractor to include BART and WCCTA as additional insured parties for liability resulting from acts or omissions of said contractor in connection with operation of the paid parking program.

2.3 Transit Revenue. BART agrees that WCCTA shall receive the revenue for transit fares when such fares are included in parking rates charged to the public under the paid parking program, 230
and WCCTA agrees to receive such revenue as full payment for fares charged to BART patrons between the Hercules Transit Center and BART's El Cerrito del Norte station.

2.4 Self-Funding of RPF Maintenance. BART agrees that the costs of maintaining the RPF are to be funded by revenues obtained from the paid parking program at the RPF. The parties agree that if the revenues obtained from said parking program are insufficient to cover maintenance and repair, as described in Article 3.4 below, and/or operation of the paid parking program, as described in this Article 2, the Parties shall meet and confer to determine the means to pay for such maintenance and repair costs.

Article 3. Maintenance and Repair of the Replacement Parking Facility 3 .1 Maintenance and Repair by Hercules. BART and Hercules agree that Hercules will prepare an annual operating budget which includes maintenance and repair, and then maintain and repair both the RPF and BART's C-1 parcel (for maintenance, repair and operation purposes hereinafter collectively referred to as the "RPF") on behalf of BART as described in this Article. Hercules agrees to require its maintenance and repair contractor to include BART and WCCT A as additional insured parties for liability resulting from the acts or omissions of said contractor in connection with maintenance and repair of the RPF.

3.2 Budgeting of Maintenance and Repair. At least once each fiscal year, Hercules shall prepare and submit to the Parties for their consideration a budget for anticipated RPF maintenance and repair costs for the current or ensuing fiscal year. The Parties shall thereafter negotiate any proposed changes to the submitted budget and shall adopt a mutually agreed budget upon commencement of operations and prior to the start of each ensuing fiscal year.

3.3 Hercules Implementation of Budgeted Maintenance and Repair. Once a budget is adopted, and except for damage repair as provided in ( d) below, Hercules shall coordinate, procure, implement, incur costs within budget and account for all normal, typical and usual maintenance and repair of the RPF. Hercules shall then claim all such costs, including reasonable administrative, supervision and overhead costs, against the revenues generated from the paid parking program.

3.4 Parties' Responsibilities for Maintenance and Repair. (a) Hercules Responsibilities. Hercules shall initially expend funds, to be reimbursed from revenues generated from the paid parking program to accomplish maintenance and repair tasks including without limitation:
(i) Emptying all trash receptacles not less than three times per week and more frequently as needed; and
(ii) Keeping the RPF pavement and pavement markings in good order, condition and repair; and
(iii) Maintain in good order the restroom, bus shelters and lighting fixtures; and (iv) Provide or pay for water, power and wastewater services; and 231
( v) Providing for landscape maintenance services including, but not limited to, plant, tree and shrub and sprinkler system maintenance and repair; and (vi) Remove trash and graffiti from all surfaces as needed; and (vii) Repairing fencing, benches and signs as required; and (viii) Monitoring the RPF on a weekly basis to determine other operating, maintenance and repair needs; and
(ix) Planning, coordinating and conducting an annual meeting of the Parties. (b) BART Responsibilities. BART shall, at its sole cost and expense:
(i) Attend, and cause a representative of its police force to attend, an annual meeting of the Parties; and
(ii) Promptly notify Hercules of any maintenance and repair needs of which it becomes aware at the RPF.
( c) WCCT A Responsibilities. WCCT A shall, at its sole cost and expense:
(i) Reimburse Hercules for cleaning, maintenance and supplies in the restroom, to which WCCT A shall control and limit access to only its employees; and (ii) Reimburse Hercules for maintenance and repair costs for unusual pavement or striping wear due to bus traffic in the areas traveled by WCCT A buses; and (iii) Attend the annual meeting of the Parties; and
(iv) Promptly notify Hercules of any maintenance and repair needs of which it becomes aware at the RPF.
( d) Notwithstanding anything to the contrary in this Agreement, if a Party or any person acting under the authority of that Party, including any licensee, invitee, agent, employee, tenant, guest or family member thereof, damages the RPF, the responsible Party shall pay all costs to repair or replace the damaged portion of the RPF.

3.5 Emergency Repairs. Notwithstanding anything in this Agreement to the contrary, any Party may make such emergency repairs as that Party, in the exercise of its reasonable business judgment, considers necessary in order to render the RPF safe for its intended use (the "Repairing Party"). The Repairing Party shall immediately notify the other Parties (the "Non-Repairing Parties") in writing of the reason for and the cost of the emergency repairs, together with such supporting documentation as may be reasonably requested by the Non-Repairing Parties. The emergency repair costs shall be charged against parking revenues, or, if such charges cause more than a ten per cent deviation from the budgeted amount remaining in the current fiscal year, the Parties shall meet and confer to determine the means to pay for such deviation.

3.6 Budgeting of Capital Improvements. Concurrently with the preparation of an annual ~\7-fX/b
232
operating budget, Hercules will prepare a Capital Improvement Budget which proposes improvements to the RPF and immediate area and which will identify which of the Parties shall undertake and implement the Capital Improvements.

3. 7 Implementation of Capital Improvement Budget. Once a Capital Improvement Budget is adopted, any of the Parties may coordinate, procure, implement, incur improvement costs within budget and shall be reimbursed all such costs, including reasonable administrative, supervision and overhead costs, against the revenues generated from the paid parking program.

3.8 Insurance. BART shall, at its sole cost and expense, cause its general liability insurance or self-insurance policies to include full coverage for liability arising from the ownership, use, maintenance and repair of the RPF, to the extent that such liability is not a result of the acts or omissions of Hercules' contractors for the paid parking program or maintenance and repair, and to the extent that such liability is not a result of the active negligence or willful misconduct of an Indemnitee (other than BART) as defined in Section 5.07 below.

Article 4. Alternative Dispute Resolution Procedures

4.1 Resolution Notice. If any dispute arises between Parties regarding the rights or duties of the Parties under this Agreement, any Party may submit a written request to the other Parties to have the dispute resolved in accordance with the provisions of this Article 4 (the "Resolution Notice"), The Resolution Notice shall specify the nature of and basis for the dispute for which resolution is sought

4.2 Resolution Meeting. No later than 20 business days following the receipt of the Resolution Notice by the other Parties, duly authorized representatives of all Parties shall meet and negotiate in good faith in an effort to resolve the dispute. Each representative shall be duly authorized to bind the Party it represents to a resolution of the dispute and shall be prepared to devote a full day to the negotiations. If a Party refuses or fails to meet for any reason or if the dispute cannot be resolved as a result of the meeting, the Parties shall in good faith attempt to resolve the dispute in accordance with the procedures described in Section 4.03.

4.3 Mediation. Any dispute that remains unresolved after the Resolution Meeting described in Section 4.2 above shall immediately be submitted to non-binding, neutral mediation before a mutually acceptable, neutral retired judge or justice at the Walnut Creek or San Francisco Offices of the Judicial Arbitration and Mediation Services ("JAMS"). If within five (5) days after the Resolution Meeting the Parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at JAMS shall serve as the neutral mediator. The Parties agree to dedicate at least one full day (8 hours) to the mediation process.

Each primary contact, or the duly authorized person acting in their absence, shall attend the mediation and shall have full authority to resolve the dispute. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the Parties agree to each bring to the neutral mediation a list of at least five ( 5) neutral arbitrators, including their resumes, whose availability for an arbitration hearing within fifteen ( 15) days after the mediation has been confirmed.
~\1-0/6
233
The mediation shall be held in Contra Costa County or such other county mutually agreed upon by the Parties, The mediation shall be subject to the provisions of California Evidence Code sections 1115 through 1128, or any successor statues thereto, except as the Parties may agree otheiwise in writing or orally in accordance with the requirements of California Evidence Code section 1118. There shall be no stenographic record of the mediation process. The expenses of person participating in the mediation at the request of any Party shall be paid by that Party. The expenses of the mediator shall be borne equally by the Parties unless they agree otheiwise.

If mediation is unsuccessful, the parties may pursue their respective remedies at law or equity.

Article 5 Miscellaneous

5.1 Amounts Owed to BART by Hercules Successor Agency. The Parties agree that the City shall use its best efforts to have the amount owed to BART as established on Exhibit D added to the Successor Agency Recognized Obligation Payment Schedule (ROPS) and to secure approval of the addition from the State Department of Finance for the repayment to BART by the Hercules Successor Agency.

5.2 No Joint Venture; No Public Rights. No provision of this Agreement shall be deemed to constitute the Parties as partners or joint venturers of one another, or in any way to obligate any Party for the performance of any obligation of the other Party not expressly assumed in this Agreement.

5.3 Binding Effect. All of the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

Any person accepting a deed or other instrument conveying, granting or assigning any property affected or benefited by this Agreement or any portion thereof or interest therein shall take title subject to this Agreement and such person shall be deemed to have assumed all of the applicable obligations imposed on the Parties with regard to such property regardless of whether this Agreement is mentioned in such deed or other instrument. 5 .4 Amendments. This Agreement may be amended only by a written instrument which is executed by the Parties. No other method of amendment or termination of this Agreement will be effective for any purpose.

5.5 No Waiver. No waiver of, acquiescence in or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in or consent to, any other, further or succeeding breach of the same or any other term, covenant or condition.

5.6 Interpretation. If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this Agreement shall not be affected, and each such remaining term and provision shall be valid and enforced to the fullest extent permitted by applicable law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

5.7 Notices. All notices and payments required under the terms of this Agreement shall 234
be sent to the Parties at the addresses set forth below:

Hercules:

BART:

With a Copy to:

WCCTA:

City of Hercules
111 Civic Drive
Hercul~_s, .California 9454 7
Attention: City Manager
San Francisco Bay Area Rapid Transit District
Real Estate and Property Development Department
300 Lakeside Drive, 22nd Floor
Oakland, California 94612
Attention: Department Manager
San Francisco Bay Area Rapid Transit District
Office of the General Counsel
300 Lakeside Drive, 23rd Floor
Oakland, California 94612
General Manager
Western Contra Costa Transit Authority
601 Wa~ter Avenue
Pinole, California 94564
Any notice or payment shall be deemed given and received when personally delivered or seventy two (72) hours after deposit into the United States mail, certified or registered, return receipt requested, addressed to the appropriate foregoing address, or to such other address as a Party may specify by written notice delivered as provided in this paragraph. '

5.8 Indemnification. Each of the Parties here to (each, an "lndemnitor") agrees to defend, indemnify, and hold harmless each of the other Parties hereto, their directors, .· officers, agents, and employees (each, an "lndemnitee"}, from all claims, demands, suits, loss, damages, injury, and liability, direct or indirect (including any and all costs and expenses in connection therewith}, to the extent incurred by reason of any act or failure to act, of lndemnitor, its directors, officers, agents, or employees and contractors, under or in connection with this Agreement. Each Indemnitor agrees at 'its own cost, expense, and risk to defend any and all claims, action, suits or other legal proceedings brought or instituted against Indemnitees, their directors, officers, agents and employees, arising out of or resulting from any activity related to this Agreement, and to pay and satisfy any resulting judgments. The foregoing indemnification shall be applicable regardless of BART's appointment of Hercules as its Agent for the paid parking program. The foregoing indemnification obligation shall not apply to liability arising solely from active negligence or willful misconduct of an Indemnitee, its directors, officers, agents, or employees. 235
The Parties have executed, acknowledged and delivered this Agreement as of the date first above written.

Approved as to Form:
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Ci~ Attorney '
City of Hercules
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San Francisco Bay Area Rapid Transit District
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Date: __ z_t_1U_u~_ff __ Z_GJ_f ....... 8c.,__ __
West Contra Costa Transit Authority
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Date: b - 4 - lB
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EXHIBIT A

REPLACEMENT PARKING FACILITY
237

EXHIBITB

HERCULES TRANSIT CENTER

PAID PARKING PROGRAM
Names of Facilities and Operations
BART is the owner and operator of the Hercules Park and Ride Lot, and will be the owner and operator of the Replacement Parking Facility. The program of operation, regardless of which facility is used, has been identified and branded to the public as "Hercules Transit Center." BART's Paid parking Program
BART has implemented a system-wide program of paid automobile parking at its parking facilities, including at its property in Hercules. The purposes of the paid parking program are to encourage the use of transit properties for transit purposes, and to generate revenue to support transit.

Hercules Appointed BART's Agent; Scope of Agency
BART hereby appoints the City of Hercules ("Hercules") as its Administrative and Fiscal Agent ("Agent") for the paid parking program at the Hercules Transit Center.

Hercules shall consult with BART in identifying the manner in which a paid parking program is to be introduced and operated at the RPF, including the vendor, equipment, placement of equipment and operation of the program (the "Program Parameters"). BART shall have final approval of the Program Parameters and shall designate its approval in writing to the City .

Duties of Hercules and BART
As Agent, Hercules shall perform the following duties:

H 1. Inform the public, via signage and other means, of the rates and charges applicable for automobile parking at the RPF.

H2. Issue daily and monthly permits ("Permits") for automobile parking at the RPF by selling Permits to the public; and providing related information and services to the public by telephone and other means.

H3. Enforce compliance with permit conditions by patrol and issuance of notices of violations ("Tickets").

H4. Collect and account for revenue from Permits ("Permit Revenue") and from Tickets ('Ticket Revenue")
HS. Select and contract a vendor to perform some or all of duties (Hl) through (H4).

H6. Remit a sum to WCCTA, monthly, equal to the portion of Permit Revenue collected for transit fares.
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H7. Remit a sum to BART, monthly, equal to the amount of Operating Income to BART as computed under the heading "Distribution of Operating Income" below.

H8. Appoint a single BART Program Manager for routine communication and decisions about the day-to-day operation of the paid parking program.

H9. Perform other related acts, and assume other responsibilities, necessary and reasonably related to the businesslike performance of duties (Hl) through (H7); such other acts and responsibilities subject to prior written notice and approval of BART.

As Owner and Operator, BART shall perform the following duties:

B 1. Establish rates and charges for daily and monthly automobile parking at the RPF. The initial rates and charges shall be as set forth in Exhibit C.

B2. Provide signage and other equipment as needed to announce the paid parking program to the public; such media to identify the paid parking program as a policy of BART and not Hercules.

B3. Appoint a Customer Access Manager to assist and direct Hercules in the day-to-day operation of the paid parking program.

Distribution of Operating Income
Hercules shall, on behalf of BART, collect Permit Revenue from the public. Each month, the following amounts shall be deducted from Permit Revenue, in the following order:

1. Transit Revenue to WCCT A.

2. Costs of collecting Ticket Revenue, including vendor costs and allocations of staff costs for accounting and other administrative services related to issuing permits, serving the public, and revenue accounting and distribution.

3. Maintenance and Repair Costs for the RPF, as agreed by the Parties in the body of this Agreement, and pursuant to the annual adopted Operating Budget.

4. Capital Improvements Costs for the RPF, as agreed by the Parties each year.

The amount remaining, if any, after deductions (I) through (4) in the order listed, is the "Operating Income" of the paid parking program and shall be paid an nu a 11 y from Hercules to BART.

Ticket Revenue
Hercules shall also collect Ticket Revenue. The amount of Ticket Revenue remaining after paying the costs of collecting Ticket Revenue shall be remitted to Hercules for the purpose of partially reimbursing public safety costs incurred by the City of Hercules Police Department on BART property in the City of Hercules.
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Daily Paid Parking

EXHIBITC

INITIAL PARKING RATES AND CHARGES

FOR THE

PAID PARKING PROGRAM
ATTHE

HERCULES TRANSIT CENTER
A $3.00 daily parking fee will be charged which includes two one-way dated WCCTA bus tickets valid to and from the BART El Cerrito del Norte Station.

Reserved Parking
The monthly fee for the Monthly Reserved Parking permit is $63.00. The monthly fee for the discounted monthly reserved parking permit with a 31-day unlimited-use pass for WCCTA is $80.00.

Adjustments To The Parking Rates And Charges
BART shall be responsible for any adjustments in the daily parking fee and the monthly reserved permit fee. The Customer Access Manager shall notify the Agency in writing of any fee adjustments and when they are to become effective. Unless modified by an action of the BART Board of Directors, the daily parking fee may be adjusted within a range of $3.00 to $8.00 and the monthly reserved permit fee may be adjusted within a range of $42.00 to $105.00 based on the utilization of the RPF, if such adjustment is necessary to ensure that priority in use is provided to BART patrons using WCCTA access from the lot to the El Cerrito del Norte BART Station. 240

MAINTENANCE AND REIMBURSEMENT AGREEMENT

HERCULES TRANSIT CENTER

BART REPLACEMENT PARKING FACILITY

HERCULES, CALIFORNIA

RECITALS

A. The Hercules Transit Center (HTC), a park and ride facility (“the facility”) in the City of Hercules, California (Exhibit A), has been maintained and operated under a joint agreement between the City of Hercules, BART, and the Western Contra Costa Transit Authority (WestCat) for more than a decade. Proper operation, maintenance, and repair of the facility are in the best interests of and will benefit the Parties to this Agreement and the region.

B. The facility moved to its present location on Willow Ave after BART and Hercules entered into an Exchange Option Agreement (the "EOA") on April 10, 2006, whereby BART agreed to exchange a 6.25 acre park and ride site (site 15) and several undeveloped acres of land located at the corner of Sycamore and San Pablo Avenues for the present 8.69 acre parcel of land owned by Hercules, commonly described as Contra Costa County Assessor's Parcel #406-070-043 (the "C-1 Parcel"). The C-1 parcel was developed into a new park-and-ride facility owned by BART, and is subject to parking prices as approved by the BART Board of Directors Resolution No. 4965 (September 25, 2005).

C. In July 2009, BART, WCCTA, and the Redevelopment Agency of the City of Hercules entered into a one-year Maintenance and Reimbursement Agreement (the "Original Agreement") describing responsibilities for facility maintenance and operation. The Redevelopment Agency was dissolved on February 1, 2012 and all money remitted to them was redirected to the State of California. The City of Hercules applied for the release of these funds back to BART, but the request was denied.

D. The terms of the July 2009 Original Agreement were never continued by written agreement of the Parties as required by Section 1.03 of the Original Agreement. The parties agreed that the Original Agreement had effectively expired and that since the Redevelopment Agency had dissolved, the City of Hercules should be party to a new agreement. BART, the City of Hercules and WCCTA then executed a new agreement on June 21st, 2018, in which Hercules assumed primary responsibility for maintaining the facility and operating the paid parking program. Hercules and its vendors have continued facility operation to date.

E. Following the COVID-19 pandemic, which significantly reduced parking revenue, the parties sought to reduce facility operating costs while improving the customer experience. The parties agreed that BART could more cost-effectively collect parking revenues than Hercules’ vendor and BART can provide an improved and modernized parking payment experience through the BART Official App. The parties further agreed that Hercules is best positioned to maintain the facility given its location within the City, allowing for the inclusion of the site in existing city maintenance contracts, and allowing for closer oversight due to the relatively small size of the facility and the distance from other BART facilities. 241
The parties therefore seek to create a new agreement whereby BART operates the parking program and collects parking revenues, and Hercules continues to maintain the facility.

NOW, THEREFORE, the Parties agree as follows:

Article 1. Term of this Agreement

1.1 Term. The term of this Agreement is 4 years, from July 1st, 2023 to June 30th, 2027. Upon expiration of the 4-year term, the Agreement shall automatically be extended for six successive 1-year terms, unless a Party provides notice to the other two Parties to terminate the automatic extension. Notice to terminate the automatic extension is to be in writing and received 180 days before the automatic extension would become effective on July 1.

1.2 Termination. This Agreement may be terminated by any of the parties by providing 180-day notice of termination. Such written agreement shall include provisions for wind-down of operations and final settlement of all financial matters, including payback of the initial cash advance provided by BART, as provided in Section 3.6.

1.3 Extension. This Agreement may be extended beyond its term for an additional length of time by written mutual agreement of the Parties.

Article 2. Operation of the BART Paid Parking Program

2.1 Operation by BART. The paid parking program will be operated by BART. This will include:
• Setting parking rates within limits set by the BART Board of Directors. Hercules and WCCTA will be informed in advance of any planned parking rate changes; • Collecting parking fees;
• Implementing parking policies including determination of which parking products to offer (daily fee, carpool, monthly, reserved) and the designation of different parking areas within the facility (e.g. for free parking, Reserved parking); • Informing the public of changes to the parking program; and • Enforcement of parking compliance and collection of parking citation revenues.

Article 3. Maintenance and Repair of the Replacement Parking Facility

3.1 Maintenance by Hercules. Hercules will be primarily responsible for day-to-day maintenance and repair activities, except where handled by BART or WCCTA as described below.

3.2 Hercules maintenance and repair responsibilities. Hercules’ maintenance and repair responsibilities will initially include the following:
• Monitor for trash and emptying receptacles;
• Maintain in good order the portable restrooms, bus shelters and lighting fixtures; • Provide or pay for water and wastewater services;
• Provide for landscape maintenance services including, but not limited to, plant, tree and shrub and sprinkler system maintenance and repair;
• Remove trash and graffiti from all surfaces as needed; including via regular street sweeping;
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• Repair fencing and benches as required;
• Conduct power-washing of the facility;
• Manage maintenance contracts required to keep the facility in good order.

BART will reimburse Hercules for these maintenance and repair activities. The specific activities may be adjusted during the biennial budgeting process (Section 3.5).

Hercules agrees to require its maintenance and repair contractor to include BART and WCCTA as additional insured parties for liability resulting from the acts or omissions of said contractor in connection with maintenance and repair of the facility.

BART shall, at its sole cost and expense, cause its self-insurance policies to include full coverage for liability arising from the ownership, use, maintenance and repair of the facility, to the extent that such liability is not a result of the acts or omissions of Hercules' contractors for the paid parking program or maintenance and repair, and to the extent that such liability is not a result of the active negligence or willful misconduct of an Indemnitee (other than BART) as defined in Section 7.1.

3.3 BART maintenance and repair responsibilities. BART will:
• Provide and install replacement parking and wayfinding signage • Provide for and install bicycle lockers; and
• Provide power.

BART will cover its own costs for these maintenance and repair activities.

3.4 WCCTA maintenance and repair responsibilities. WCCTA will:
• Clean, stock, maintain and repair operator restrooms.

WCCTA will cover its own costs for these maintenance activities.

3.5 Budgeting of maintenance and repair. Every other year, by November 1st, Hercules shall submit to BART a budget for anticipated maintenance and repair costs, as described in Article 3, for the ensuing two fiscal year starting July 1st. The Parties shall thereafter negotiate and confirm any proposed changes to the submitted budget by February 1st. The budget will include at least a 10 percent contingency. BART will not be obligated to reimburse for expenses not agreed upon in advance. Exhibit B provides the proposed budget for the two-year period beginning July 1st, 2023. The parties will meet annually to discuss the budget and consider possible adjustments if needed.

3.6 Invoicing of maintenance and repair. Once a purchase order is issued by BART for the approved budget amount, Hercules shall incur costs within budget and submit invoices in accordance with the budget to BART on a quarterly basis. Within 90 days of agreement execution, BART will provide 50% of the adopted FY24 budget less contingency (or $33,500) to Hercules to be kept as a revolving fund. Subsequent invoice payments by BART will then replenish this fund, so that Hercules will not need to use its own cash resources to cover maintenance expenses. Upon termination of the agreement, the initial cash advance must be returned to BART within 90 days.

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3.7 Damage and Repair. Notwithstanding anything to the contrary in this Agreement, if a Party or any person acting under the authority of that Party, including any licensee, invitee, agent, employee, tenant, guest or family member thereof, damages the facility, the responsible Party shall pay all costs to repair or replace the damaged portion of the facility.

Article 4 – Capital Improvements and Fund Balance Closeout

4.1 BART primarily responsible for capital improvements. BART will be primarily responsible for undertaking any major capital improvements to the site, and such improvements will be prioritized within BART’s agency-wide capital budgeting process. If unusual pavement or striping wear occurs in the areas traveled by buses, the parties will meet and confer on how to cover the cost, and WCCTA may be asked to contribute. Any of the parties may also serve as the lead agency for a capital project at the facility upon the written agreement of BART.

4.2 Fund balance closeout. Under the 2018 Agreement, Hercules accumulated parking revenues.

Within 90 days of the execution of this agreement, Hercules will remit the remaining fund balance to BART.

Article 5 – Provision of Transit Transfer Discounts

5.1 Discounts provided for transit transfers to BART. Those purchasing daily parking from the HTC will receive two free one-way bus trips to BART (currently, the JL/JR and JX/JPX lines connecting to the El Cerrito del Norte Station). Riders will show proof of parking purchase to receive a fare discount, and the driver will record the number of discounted trips offered. BART and WCCTA will share the cost of the free trips where BART will pay $1.3575 of the cost and WCCTA will pay the remainder. BART’s contribution to the subsidy, and the type of subsidies offered, may be adjusted during the bi-annual budgeting process.

5.2 Budgeting of transit transfers. Every two years, by November 1st, WCCTA shall submit to BART a budget for anticipated transit transfers for the ensuing two fiscal years starting July 1st.

The Parties shall thereafter negotiate and confirm any proposed changes to the submitted budget by Feb 1st of the following year. BART will not be obligated to reimburse for unapproved costs.

Exhibit B provides the proposed budget for the first two years of operation commencing July 1st, 2023. The budget will include a 10% contingency.

5.3 Invoicing of transit transfers. WCCTA will invoice BART quarterly for BART’s share of the discounts provided in the prior quarter. The invoice will show the total number of one-way trips recorded on the subject bus lines, the total number of discounts provided, and the cost of the discounts.

Article 6 Ongoing Coordination, Auditing

6.1 Appointed representative. Each party will designate a main point of contact for coordination.

6.2 Ongoing coordination. BART will convene the parties to review and confirm the two-year budget. The parties will meet as needed outside of the budget process.

6.3 Audit. BART reserves the right to examine the City and WCCTA’s books, work, documents, papers, materials, payrolls, records, accounts and data during the three (3) year period following 244
the final payment under this Agreement and until all pending matters are closed; and City and WCCTA shall in no event dispose of, destroy, alter or mutilate said books, work, documents, papers, materials, payrolls, records, accounts and any and all data in any manner whatsoever for three (3) years after the final payment under this Agreement, or until all pending matters are closed, whichever is later. Pursuant to California Government Code Section 8546.7, the parties to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of BART or as part of any audit of BART by the State Auditor, for a period of three (3) years after final payment under this Agreement. The examination and audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the cost of administering this Agreement.

Article 7. Alternative Dispute Resolution Procedures

7.1 Resolution notice. If any dispute arises between Parties regarding the rights or duties of the Parties under this Agreement, any Party may submit a written request to the other Parties to have the dispute resolved in accordance with the provisions of this Article 7 (the "Resolution Notice"), The Resolution Notice shall specify the nature of and basis for the dispute for which resolution is sought.

7.2 Resolution meeting. No later than 20 business days following the receipt of the Resolution Notice by the other Parties, duly authorized representatives of all Parties shall meet and negotiate in good faith in an effort to resolve the dispute. Each representative shall be duly authorized to bind the Party it represents to a resolution of the dispute and shall be prepared to devote a full day to the negotiations. If a Party refuses or fails to meet for any reason or if the dispute cannot be resolved as a result of the meeting, the Parties shall in good faith attempt to resolve the dispute in accordance with the procedures described in Section 7.3.

7.3 Mediation. Any dispute that remains unresolved after the Resolution Meeting described in Section 7.2 above shall immediately be submitted to non-binding, neutral mediation before a mutually acceptable, neutral retired judge or justice at the Walnut Creek or San Francisco Offices of the Judicial Arbitration and Mediation Services ("JAMS"). If within five (5) days after the Resolution Meeting the Parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at JAMS shall serve as the neutral mediator. The Parties agree to dedicate at least one full day (8 hours) to the mediation process. Each primary contact, or the duly authorized person acting in their absence, shall attend the mediation and shall have full authority to resolve the dispute. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the Parties agree to each bring to the neutral mediation a list of at least five ( 5) neutral arbitrators, including their resumes, whose availability for an arbitration hearing within fifteen ( 15) days after the mediation has been confirmed.

The mediation shall be held in Contra Costa County or such other county mutually agreed upon by the Parties, The mediation shall be subject to the provisions of California Evidence Code sections 1115 through 1128, or any successor statues thereto, except as the Parties may agree otherwise in writing or orally in accordance with the requirements of California Evidence Code section 1118. There shall be no stenographic record of the mediation process. The expenses of person participating in the mediation at the request of any Party shall be paid by that Party. 245
The expenses of the mediator shall be borne equally by the Parties unless they agree otherwise. If mediation is unsuccessful, the parties may pursue their respective remedies at law or equity.

Article 8 Indemnification

8.1 Indemnification. Each of the Parties here to (each, an "lndemnitor") agrees to defend, indemnify, and hold harmless each of the other Parties hereto, their directors, officers, agents, and employees (each, an "lndemnitee"), from all claims, demands, suits, loss, damages, injury, and liability, direct or indirect (including any and all costs and expenses in connection therewith), to the extent incurred by reason of any act or failure to act, of lndemnitor, its directors, officers, agents, or employees and contractors, under or in connection with this Agreement. Each Indemnitor agrees at 'its own cost, expense, and risk to defend any and all claims, action, suits or other legal proceedings brought or instituted against Indemnitees, their directors, officers, agents and employees, arising out of or resulting from any activity related to this Agreement, and to pay and satisfy any resulting judgments. The foregoing indemnification shall be applicable regardless of BART's appointment of Hercules as its Agent for the paid parking program. The foregoing indemnification obligation shall not apply to liability arising solely from active negligence or willful misconduct of an Indemnitee, its directors, officers, agents, or employees.

Article 9 Miscellaneous

9.1 No Joint Venture; No Public Rights. No provision of this Agreement shall be deemed to constitute the Parties as partners or joint venturers of one another, or in any way to obligate any Party for the performance of any obligation of the other Party not expressly assumed in this Agreement.

9.2 Binding Effect. All of the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. Any person accepting a deed or other instrument conveying, granting or assigning any property affected or benefited by this Agreement or any portion thereof or interest therein shall take title subject to this Agreement and such person shall be deemed to have assumed all of the applicable obligations imposed on the Parties with regard to such property regardless of whether this Agreement is mentioned in such deed or other instrument.

9.3 Amendments. This Agreement may be amended only by a written instrument which is executed by the Parties. No other method of amendment or termination of this Agreement will be effective for any purpose.

9.4 No Waiver. No waiver of, acquiescence in or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in or consent to, any other, further or succeeding breach of the same or any other term, covenant or condition.

9.5 Interpretation. If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable under applicable law, then the remaining terms and provisions of this Agreement shall not be affected, and each such remaining term and provision shall be valid and 246
enforced to the fullest extent permitted by applicable law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

9.6 Notices. All notices and payments required under the terms of this Agreement shall be sent to the Parties at the addresses set forth below:

Hercules:

City of Hercules
111 Civic Drive
Hercules, California 94547
Attention: City Manager

BART:

San Francisco Bay Area Rapid Transit District
Real Estate and Property Development Department
2150 Webster Street, 9th Floor
Oakland, California 94612
Attention: Department Manager

WCCTA:

General Manager
Western Contra Costa Transit Authority
601 Water Avenue
Pinole, California 94564

Any notice or payment shall be deemed given and received when personally delivered or seventy-two (72) hours after deposit into the United States mail, certified or registered, return receipt requested, addressed to the appropriate foregoing address, or to such other address as a Party may specify by written notice delivered as provided in this paragraph.

City of Hercules
By: _________________________
Its: _________________________
Date: ________________________

San Francisco Bay Area Rapid Transit District
By: _________________________
Its: _________________________
Date: ________________________
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West Contra Costa Transit Authority
By: _________________________
Its: _________________________
Date: ________________________
The parties have executed, acknowledged and delivered this Agreement as of the date first above written.

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Exhibit A – Hercules Transit Center Facility Location

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Exhibit B – Budgets for FY2024 & FY2025
Fiscal Year 2024 (July 1, 2023 – June 30, 2024)
and Fiscal Year 2025 (July 1, 2024-June 30, 2025)

City of Hercules Maintenance Budget

Item Description Budgeted Cost
FY24
Budgeted Cost
FY25
Program
administration
City of Hercules staff time for
management of maintenance
contracts. 24 hrs/year
$4,000 $5,000
Street Sweeping Street sweeping - annually $4,000 $5,000 Water (EBMUD) Water & wastewater costs $18,000 $20,000 Landscape
maintenance
Plant, tree, shrub and sprinkler
system maintenance and repair.
$13,300 $15,000
Trash removal Trash receptacles checked daily
and cans emptied as needed.

Graffiti removed as needed (work
performed by the City at 5
hrs/week)
$19,000 $19,000
Restrooms Two porta potties cleaned weekly. $6,200 $7,000 Power washing Power washing twice annually $2,500 $3,000 Subtotal $67,000 $74,000

Other expenses /
contingency
Miscellaneous repair (e.g. damage
to fencing, benches and lighting
fixtures).
$15,000 $15,000
Total budget $82,000 $89,000

West Contra Costa County Transit Authority Transit Transfer Discounts

Item Description Budgeted Cost
FY24
Budgeted Cost
FY25
Transit Transfer
Discounts
BART will reimburse WCCTA
$1.3575 on every access trip.
$7,500 $10,000

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1 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14,2023

TO: Mayor and Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Christopher Roke, Parks and Recreation Director

SUBJECT: Fourth of July Celebration Show

RECOMMENDED ACTION:

That the City Council receive information on the status of the Fourth of July Celebration scheduled for July 4, 2023, and approve a fireworks celebration for the City of Hercules.

EXECUTIVE SUMMARY:

During the June budget meetings in 202 2, the Hercules City Council allocated $5 0,000 towards a July 4, 2023, fireworks or drone celebration show. Staff has been working on the event for the past several months and is here to share plans for the event. The largest portion of the funds will go toward the actual products in the show as well as production fees, show operator, cleanup, permits and public safety needs. The City of Pinole has opted to run their own event this year.

BACKGROUND:

In 2022, the Cities of Hercules and Pinole reached an agreement to work together to create one large Fireworks Celebration show. A task force was formed with that objective in mind. After researching options, both separately as well as together, the two cities agreed to launch the joint Fireworks Celebration Show from the back corner of block M of the Hercules Bayfront. At the time, both cities believed that this may be the last opportunity to have a land launch in either city. The end result was a spectacular aerial show that lasted a little over 20 minutes, to a delighted crowd of a few thousand people along the Bayfront.

ANALYSIS:

For the past several months, staff has again been researching possibilities for a July 4, 2023, show. At the request of City Council, staff researched the possibility of offering a drone show versus a fireworks show. Staff has put together a few pros and cons for each option.

The pros and cons for a drone show include...
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2 Pros: Drones run on batteries, so they are environmentally friendly. A drone show could be held just about anywhere. A drone show presents no concern for fire danger which means less need for emergency personnel at the event. Additional shows can be performed with the swap out of batteries. Often times drone operators will offer a second show at a fraction of the cost of a first show. So you could have a group come in, watch a show, then reset for a second show an hour later.

Cons: Drone operators require a minimum of 100 drones per show. Each drone costs on average $400. The battery life for drones is limited, so show operators typically hold 10 minute shows. Synchronizing 100 drones to move into a formation can take time. Some of the more sophisticated maneuvers can take up to a minute. Thus, a 10 minute drone show would cost $40,000, and s pectators would expect to see approximately 20 different formations and/or shapes.

The pros and cons for a fireworks show include...

Pros: Fireworks are visually pleasing and provide an immediate wow factor. A fireworks show typical runs 20 minutes. Multiple fireworks can be launched at the same time, or in rapid succession. Fireworks come in a wide variety of shell sizes and do different things:
some are loud; others are colorful. A thousand fireworks can be discharged in a show and provide immediate results.

Cons: Fireworks can be dangerous. Often times small fires can break out from embers returning to the ground, so emergency personnel need to be at the ready to minimize issues.

After looking at the pros and cons for drones versus fireworks, it is clear to staff that fireworks are still a better choice at this time. And given the land constraints of Hercules, this may be the last time a fireworks show could be launched from land within City limits.

FISCAL IMPACT OF RECOMMENDATION:

The Hercules City Council has already allocated $50,000 towards a July 4, 2023, fireworks or drone celebration show. Staff has already secured use of the same location from 2022.

Staff recommends the Hercules City Council approves the decision to move forward with a fireworks show from block M of the Hercules Bayfront with or without our neighboring city.

ATTACHMENTS:

1. None

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1 STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023

TO: Mayor and Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Christopher Roke, Parks and Recreation Director

SUBJECT: Special Events Update

RECOMMENDED ACTION:

In July of 2022, the Hercules City Council approved an agreement with the Bayfront Chamber of Commerce to produce (4) four special events during the 2022-23FY including National Night Out Bay Front Festival and Run, Bottles and Bites, and the Hercules Cultural Festival. The agreement specified the City would contribute $35,000 to assist the Chamber’s efforts to run these events. Staff is providing an update to the City Council on the status of these events.

EXECUTIVE SUMMARY:

The Hercules City Council allocated $35,000 to help provide (4) four events for the City of Hercules in the 2022-23FY. At this time staff is reporting that (2) two events were completed in the Fall; National Night Out and Bay Front Festival and Run. The third event, Bottles and Bites, is coming up at the end of March (Sunday, March 26), tickets are on sale now. And the final event, the Cultural Festival, will be held Sunday, June 4, at Refugio Valley Park.

Staff has attached the original proposed events with the anticipated financial support from the city, as well as a recap of the first two events showing where money was spent, and the flyer for the upcoming Cultural Festival. The largest portion of the funds will go toward the final event called the Cultural Festival. Costs include money to pay for event marketing, equipment rentals (i.e. stages), and entertainment (i.e. live bands performing at the event).

BACKGROUND:

In 2022, the City of Hercules entered into an agreement with the Bayfront Chamber of Commerce to hold the following events:

National Night Out was held Tuesday, August 2, 2022 at Refugio Valley Park. A crowd of approximately 1,500 people attended including the Chamber directors, Hercules City Manager and Council members, City of Hercules Police Department and Rodeo-Hercules 253

2 Fire District firefighters, CHP, a host of non -profit organizations, businesses, several Hercules HOA’s and food trucks. The event featured a train ride, face painting, photo opportunities, a myriad of games and activities and more. Completed.

Bay Front Festival and Run was held Sunday, October 2, 2022, at the Bay Front in Hercules. The event was a collaboration between the Hercules Education Foundation, the Bay Front Chamber and the City of Hercules. The event featured a 5/10K chip timed run, as well as a 1 mile walk/run, along with a Kids Fun Run. The event was very well attended with 340 registered runners who got a chance to stretch their legs and breathe the fresh air along the Bay Trail in Hercules. The Festival followed the run and drew approximately 3,000 people who danced, strolled, ate, shopped and socialized, as they listened to live music.

Completed.

Bottles and Bites will be held at the Hercules Community Swim Center on Sunday, March 26, from 1-4pm. Tickets are available now on Eventbrite, or in person at Rodeo Hardware.

The Chamber anticipates 300 tickets to be sold. The event features a wide variety of food and beverage vendors including several local restaurants including Cabalen, Sweet Cravings, Sugar Toof, Zaiqa, Leila By the Bay and more. There will be a silent auction and raffle, wi th the main attraction, the infamous liquor cabinet. Attendees will have an opportunity to purchase a key. Whichever key opens the cabinet, takes home all the spirits.

Last year this was the first indoor event held at the Community Center as we were coming out of the pandemic. 230 tickets were sold in 2022. Upcoming.

Cultural Festival is making a comeback this summer and will be held at Refugio Valley Park from 11am-6pm, on Sunday, June 4. The Cultural Festival will feature live bands, local performers, food trucks and more. The Chamber anticipates at least 2,000 attendees for this event. Upcoming.

ANALYSIS:

The City of Hercules has benefited from the partnership with the Bayfront Chamber with all these great in-town events.

FISCAL IMPACT OF RECOMMENDATION:

The Hercules City Council allocated $35,000 towards (4) specific events to be produced by the Bayfront Chamber of Commerce. Staff will be returning prior to the budget process to make recommendations for events in FY 2023-24.

ATTACHMENTS:

1. Proposed Special Events FY22-23

2. Recap of National Night Out

3. Recap of Bay Front Festival and Run

4. Flyer for Bottles and Bites

5. Flyer for Cultural Festival
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2022-23 EVENTS PROPOSAL WITH FUNDING

National Night Out
Tuesday, August 2, 2022 - Refugio Valley Park - $5,000

After the 2021 being so successful we anticipate the attendance to increase. This is an opportunity for the community to meet their neighbors, non-profits and members of the business community. The event will include similar items from the 2021 event like the Train in the park and a car show, but will also include additional items like a Dunk Tank, Lawn Bowling, Rock Painting, a Pop-a-shot, face-painting and a lot more

Bay Front Festival & Run
Sunday, October 2, 2022 - Bayfront Blvd - $7,500

An increase of $2,500 from previous year. Additional funding will cover cost increases for goods and services and will allow us to improve the entertainment portion of the festival. With 300 runners and approximately 2,000 in attendance at the festival it was great marketing for our community. Along with Hercules residents, this event brings in visitors from all over the bay area. Many have not been to Hercules and this event brings them to the Bayfront area which promotes the housing in the area and may bring potential businesses to the area.

Bottles & Bites
TBA (likely Saturday, March 26, 2023, but still TBA) - Hercules Community Center - $5,000

While all the other events held are family oriented this event gives our adult residents an opportunity to enjoy an afternoon of food tastings, adult beverages, music and mingling with other members of the community. We also provide a free child watch for young families to give parents the opportunity to participate.

Hercules Cultural Festival
Saturday, June 3, 2023 - Refugio Valley Park - $17,500

We would like to bring back this event to our community as a one-day event. Traditionally this was two-day event that our community looked forward to. It was well attended but was cut due to cost. Unfortunately, we will not get large sponsor funding as we have a small pool of large businesses who are already sponsoring other annual events for our community. We plan on having two stages, one with community acts such as local dance schools, martial arts demonstrations among others. On the main stage we will have three bands providing music through out the day. Funding would help fund the two stages, canopies for both the stages and audience, generators, sound, three bands, and staff. Although we will rely heavily on volunteers to run the event, key paid staff will be required. Considering the amount requested is about a fifth of what was spent on this event in the past and inflation in costs this is going to be done using the money received as prudently as possible.

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Bay Front Chamber of Commerce
P.O. Box 5283, Hercules, CA 94547

These are the first two events of up to four events that the City has contracted the Bay Front Chamber to coordinate and run for the community. The Special Events Contract was approved by the City Council during the budget for FY22-23

National Night Out

On August 2nd, the Chamber hosted National Night Out Hercules! We were pleasantly surprised by the increase in the turnout from last year’s event. Approximately 1,500 people attended showing a strong spirit of community.

Present were Chamber directors, Hercules City Manager and Council members, City of Hercules Police officers and RHFD firefighters, CHP and a host of non-profit organizations and local businesses, and five food trucks
The crowd was largely families. Children played on playground equipment, rode the train, took advantage of free face painting, books, snack packs and participated in a myriad of games and activities.

A highlight for many, was getting their photos taken on the CHP motorcycle. The train ride was also a favorite, full capacity the entire event.

The weather cooperated and much of the crowd stayed till dark, camped out in folding chairs and on blankets to watch the movie provided by the Hercules Park & Rec Department.

The event was promoted widely with posters, flyers, outdoor banners, and through many social media platforms.

This event was made possible by sponsorship from the City of Hercules.

EXPENSES
- Marketing 365
- Entertainment 975 (train & face painters)
- Games 230 (pop a shot) - Kids Snack Packs 384
- Staff 550
- Rentals 879 (tables, chairs, van) - Insurance 200
- Event Coordination 1,417
TOTAL EXPENSES 5,000

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Bay Front Chamber of Commerce
P.O. Box 5283, Hercules, CA 94547

This was the second of four events that the City of Hercules has contracted the Bay Front Chamber to coordinate and run for the community. The Special Events Contract was approved by the City Council during the budget for FY22-23

Bay Front Run & Bay Front Festival

On October 2nd, Hercules Education Foundation and Bay Front Chamber hosted the annual Bay Front Run and Festival. Chamber directors, HEF directors and community volunteers were on site to coordinate and manage the event.

Beginning at 10 am with 5/10K chip timed runs and 1 Mile walk/run, along with a Kids Fun Run, the community got a chance to stretch its legs and breath the fresh bay air along the Bay Trail. 340 runners registered for the event.

Following the run, the crowd moved down the street to the festival, where Bayfront Blvd and John Muir Parkway was closed for live music, food trucks, vendors, and classic cars. A crowd of approximately 3,000 filled the streets, strolling, dancing, eating, shopping, and socializing.

The event was promoted widely with posters, flyers, outdoor banners, and through many social media platforms.

We were able to enhance the festival thru funding provided by the City of Hercules sponsorship.

EXPENSES
- Stage & Canopies 1.847
- Sound System/technician 900
- Band 1,300
- Generator 2,684 - Face Painting 300 - Porta Potties 469 TOTAL EXPENSES 7,500

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STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 14, 2023

TO: Members of the City Council

VIA: Dante Hall, City Manager

SUBMITTED BY: Edwin Gato, Director of Finance

SUBJECT: Members of the City Council Compensation Report

RECOMMENDED ACTION:

Receive a report on total City compensation for the Council members (Attachment 1).

BACKGROUND:

The City Council consists of five members, elected at-large on a non-partisan basis, who serve staggered four-year terms. They are paid a monthly stipend of $831.60. In addition to such compensation, members of the City Council shall receive their actual and necessary expenses incurred in the discharge of their official duties. Such salary and expense reimbursement shall be paid with the first payroll distribution of each month and shall include salary and expense reimbursement payable for the immediately preceding month. (Municipal Code, section 2-103 Salary of Council Members)

On September 27, 2011, the City Council adopted Resolution No. 11-119 authorizing Council members not currently enrolled in the CalPERS program to participate in the ICMA (International City/County Management Association) deferred compensation plan as a stop-gap measure to provide parity among Council members who were enrolled in the CalPERS program until such time that the CalPERS enrollees are no longer on the City Council and this benefit can be eliminated. The terms for those Council members enrolled in the CalPERS program ended in 2019. Three Council members received this benefit before its elimination in 2019.

On July 11, 2017, the City Council adopted Resolution No. 17-054 reinstating the limited healthcare benefits for members of the City Council to provide healthcare coverage at the Kaiser single level, and with an option for a Councilmember to waive health benefits 260
and waive the opt-out provision of 50%. Currently, there is one Councilmember enrolled in the healthcare benefits program.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

ATTACHMENTS:

1. Mayor and City Council Monthly Compensation Report & Regional Stipends

2. Resolution No.11-119

3. Resolution No.17-054
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City Paid
Pay Type: Health Contribution Total
Name Stipend Benefit 457K Compensation
Bailey, Anjulant 831.60 $ -$ 154.79$ 986.39$
Grimsley, Tiffany 831.60 $ -$ -$ 831.60$
Kelley, Christine 831.60 $ -$ 154.79$ 986.39$
Romero, Daniel 831.60 $ 891.02$ 154.79$ 1,877.41$
Walker-Griffin, Alex 831.60 $ -$ -$ 831.60$
City Council Monthly Pay & Benefits
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Hercules City CouncilMarch 14, 2023

Hercules City Council
March 14, 2023