265
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
GRADING INSPECTION S-050
4 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING PW INSPECTOR/SPECIALIST <100 CY 2.00 $268.24 1 $268 $268 $268.24 2.00TYPE SUBTOTAL
ENGINEERING PW INSPECTOR/SPECIALIST 1,000 CY 5.00 $670.60 1 $671 $671 $670.60 5.00TYPE SUBTOTAL
ENGINEERING PW INSPECTOR/SPECIALIST 10,000 CY 8.00 $1,072.96 1 $1,073 $1,073 $1,072.96 8.00TYPE SUBTOTAL
ENGINEERING PW INSPECTOR/SPECIALIST 100,000 CY 14.00 $1,877.68 1 $1,878 $1,878 $1,877.68 14.00TYPE SUBTOTAL
$3,889 29.00TOTALS $972.25
266
S-051STORMWATER PLAN REVIEW
PLANENGINEERING
Review of a Stormwater Pollution Prevention Plan for compliance with state and federal stormwater regulations.
None
In-House: Deposit determined by staff with charges at the fully allocated hourly rates for all involved personnel.
Contract - Deposit determined by staff with charges at actual c ontract costs plus 25%
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
267
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
STORMWATER PLAN REVIEW S-051
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
268
S-052SWPPP STORMWATER INSPECTION
INSPECTIONENGINEERING
Inspection of construction sites for compliance with the Stormw ater Pollution Prevention Plan (SWPPP) and state
and federal stormwater regulations.
None
Charges at the fully allocated hourly rates for all staff invol ved plus any actual contract costs.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
269
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
SWPPP STORMWATER INSPECTION S-052
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
270
S-053UTILITY ENCROACHMENT
PERMITENGINEERING
Review and inspection of utility encroachments in the public ri ght-of-way.
Actual Costs plus 20% admin fee
Charges at the fully allocated hourly rates for all staff invol ved plus any actual contract costs.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
271
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
UTILITY ENCROACHMENT S-053
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
272
S-054ENCROACHMENT PERMIT (NON-UTILITY)
PERMITENGINEERING
Review and inspection of non-utility and private sewer lateral encroachments in the public right-of-way.
Actual Costs plus 20% admin fee
$355 per permit
100%
$300.00
$357.00
$(57.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 84.03%
$(57)
$357
$300
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
273
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ENCROACHMENT PERMIT (NON-UTILITY) S-054
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING ASSOCIATE ENGINEER 1.00 $222.74 1 $223 ENGINEERING PW INSPECTOR/SPECIALIST 1.00 $134.12 1 $134 $357 $356.86 2.00TYPE SUBTOTAL
$357 2.00TOTALS $357.00
274
S-055SEWER LATERAL CERTIFICATE
CERTIFICATEENGINEERING
Review of the video of private sewer laterals and certification due to the sale of the property.
$140.08 per certificate
$220 per certificate
100%
$140.00
$221.00
$(81.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 63.35%
$(81)
$221
$140
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
275
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
SEWER LATERAL CERTIFICATE S-055
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING PW INSPECTOR/SPECIALIST 1.00 $134.12 1 $134 PLANNING PERMIT TECHNICIAN 0.50 $86.77 1 $87 $221 $220.89 1.50TYPE SUBTOTAL
$221 1.50TOTALS $221.00
276
S-056TEMPORARY ENCROACHMENT PERMIT
PERMITENGINEERING
Review and inspection of temporary encroachments in the public right-of-way, such as dumpsters and storage
pods.
Actual Costs plus 20% admin fee
$180 per permit
100%
$150.00
$178.40
$(28.40)
5 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 84.08%
$(142)
$892
$750
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
277
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
TEMPORARY ENCROACHMENT PERMIT S-056
5 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING ASSOCIATE ENGINEER 0.50 $111.37 5 $557 ENGINEERING PW INSPECTOR/SPECIALIST 0.50 $67.06 5 $335 $892 $178.43 1.00TYPE SUBTOTAL
$892 1.00TOTALS $178.40
278
S-057SIDEWALK DINING PERMIT
PERMITENGINEERING
Review and inspection of a request by a restaurant for dining i n the public sidewalk in front of the restaurant.
None
New - $290 per permit
Renewal - $65 per permit
100%
$0.00
$357.00
$(357.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(357)
$357
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
279
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
SIDEWALK DINING PERMIT S-057
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING ASSOCIATE ENGINEER New 1.00 $222.74 1 $223 ENGINEERING PW INSPECTOR/SPECIALIST New 0.50 $67.06 1 $67 $290 $289.80 1.50TYPE SUBTOTAL
ENGINEERING PW INSPECTOR/SPECIALIST Renewal 0.50 $67.06 1 $67 $67 $67.06 0.50TYPE SUBTOTAL
$357 2.00TOTALS $357.00
280
S-058SIDEWALK VENDING PERMIT
PERMITENGINEERING
Sidewalk Vending Permit
$100 + 20% admin fee
$100 per permit
100%
$0.00
$101.00
$(101.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(101)
$101
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
281
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
SIDEWALK VENDING PERMIT S-058
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING PW INSPECTOR/SPECIALIST 0.75 $100.59 1 $101 $101 $100.59 0.75TYPE SUBTOTAL
$101 0.75TOTALS $101.00
282
S-059HOUSING MOVING PERMIT
PERMITENGINEERING
Review and inspection of a request to move a house from one lot to another lot.
Actual Costs plus 20% admin fee
Deposit determined by staff with charges at the fully allocated hourly rates for all staff involved plus any actual
contract costs.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
283
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
HOUSING MOVING PERMIT S-059
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
284
S-060HAUL ROUTE PERMIT
PERMITENGINEERING
Review of a proposed haul route for construction traffic for a development for compliance with City codes and
standards.
None
$180 per permit
100%
$0.00
$178.00
$(178.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(178)
$178
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
285
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
HAUL ROUTE PERMIT S-060
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING ASSOCIATE ENGINEER 0.50 $111.37 1 $111 ENGINEERING PW INSPECTOR/SPECIALIST 0.50 $67.06 1 $67 $178 $178.43 1.00TYPE SUBTOTAL
$178 1.00TOTALS $178.00
286
S-061WIDE LOAD PERMIT
PERMITENGINEERING
Processing a permit for a wide load on City streets.
$16.48 per permit
Fees are set by State Code:
Single Permit - $16
Annual Permit - $90
100%
$16.00
$34.00
$(18.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 47.06%
$(18)
$34
$16
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
287
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
WIDE LOAD PERMIT S-061
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST ENGINEERING PW INSPECTOR/SPECIALIST 0.25 $33.53 1 $34 $34 $33.53 0.25TYPE SUBTOTAL
$34 0.25TOTALS $34.00
288
S-062ASSESSMENT APPORTIONMENT PROCESS
DISTRICTENGINEERING
Processing and calculating Assessment District assessment fees for private developments.
Various Apportionment and Segregation fees based on the number of lots involved.
Deposit determined by staff with charges at the fully allocated hourly rates for all staff involved plus any actual
contract costs.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
289
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ASSESSMENT APPORTIONMENT PROCESS S-062
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
290
S-063ADD'L ENGINEERING PLAN REV/INSPECT
REVIEW/INSPECTIONENGINEERING
Additional plan review and inspection beyond the standard numbe r of reviews or inspections required due to the
actions of the applicant.
Actual Costs plus 20% admin fee
In-House: Deposit determined by staff with charges at the fully allocated hourly rates for all involved personnel.
Contract - Deposit determined by staff with charges at actual c ontract costs plus 25%
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
291
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ADD'L ENGINEERING PLAN REV/INSPECT S-063
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
292
S-064MISCELLANEOUS ENGINEERING SERVICES
REVIEWENGINEERING
Review or inspection of Engineering services not otherwise iden tified on the fee schedule.
None
In-House: Deposit determined by staff with charges at the fully allocated hourly rates for all involved personnel.
Contract - Deposit determined by staff with charges at actual c ontract costs plus 25%
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
293
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
MISCELLANEOUS ENGINEERING SERVICES S-064
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
294
S-065CODE ENFORCEMENT INSPECTION
INSPECTIONCODE ENFORCEMENT
Code Enforcement inspections that are needed due to the lack of action of the property owner.
General Enforcement - Cost + 20% Administrative Fee
Re-inspection for Hearing - $112.27
Request for Extension of Time - $85.49
Posting or Service of Notices - $85.49
Appeal to City Council - $224.54
Request for Entry - $167.89
Charges at the fully allocated hourly rates for all personnel i nvolved plus any contract costs.
100%
$0.00
$138.00
$(138.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(138)
$138
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
295
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CODE ENFORCEMENT INSPECTION S-065
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING 1 Hr Contract 0.00 $138.00 1 $138 $138 $138.00 0.00TYPE SUBTOTAL
$138 0.00TOTALS $138.00
296
S-066CODE ENFORCEMENT HEARING
HEARINGCODE ENFORCEMENT
Processing and conducting a Code Enforcement Hearing before a H earing Officer when requested.
$224.54 per hearing
$1,285 per hearing
100%
$225.00
$1,285.00
$(1,060.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 17.51%
$(1,060)
$1,285
$225
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
297
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CODE ENFORCEMENT HEARING S-066
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING COMM DEV DIRECTOR 1.00 $392.61 1 $393 PLANNING Hearing Officer 0.00 $340.00 1 $340 PLANNING 4 Hr Contract 0.00 $552.00 1 $552 $1,285 $1,284.61 1.00TYPE SUBTOTAL
$1,285 1.00TOTALS $1,285.00
298
S-067INSPECTION WARRANT
WARRANTCODE ENFORCEMENT
Processing and obtaining an Inspection Warrant needed to be abl e to inspect a property for code violations.
$281.19 per warrant
$1,085 per warrant plus attorney and court fees
100%
$281.00
$1,083.00
$(802.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 25.95%
$(802)
$1,083
$281
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
299
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
INSPECTION WARRANT S-067
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING COMM DEV DIRECTOR 1.00 $392.61 1 $393 PLANNING 5 Hr Contract 0.00 $690.00 1 $690 $1,083 $1,082.61 1.00TYPE SUBTOTAL
$1,083 1.00TOTALS $1,083.00
300
S-068ABATEMENT WARRANT
WARRANTCODE ENFORCEMENT
Processing and obtaining an Abatement Warrant needed to be able to access a property for nuisance abatement.
$281.19 per warrant
$1,360 per warrant plus attorney and court fees
100%
$281.00
$1,359.00
$(1,078.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 20.68%
$(1,078)
$1,359
$281
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
301
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ABATEMENT WARRANT S-068
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING COMM DEV DIRECTOR 1.00 $392.61 1 $393 PLANNING 7 Hr Contract 0.00 $966.00 1 $966 $1,359 $1,358.61 1.00TYPE SUBTOTAL
$1,359 1.00TOTALS $1,359.00
302
S-069LIEN AND SPECIAL ASSESSMENT
LIENCODE ENFORCEMENT
Set-up and eventual release of a Code Enforcement Lien and Spec ial Assessment.
Lien and Special Assessment - $281.19
Recording of Certificate of Nuisance - $281.19
Release of Recordation - $281.19
Collection - $309
$1,085 per lien plus any attorney and County fees
100%
$0.00
$1,083.00
$(1,083.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(1,083)
$1,083
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
303
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
LIEN AND SPECIAL ASSESSMENT S-069
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING COMM DEV DIRECTOR 1.00 $392.61 1 $393 PLANNING 5 Hr Contract 0.00 $690.00 1 $690 $1,083 $1,082.61 1.00TYPE SUBTOTAL
$1,083 1.00TOTALS $1,083.00
304
S-070NUISANCE ABATEMENT
ABATEMENTCODE ENFORCEMENT
Abatement of a nuisance property due to the inaction of the pro perty owner.
Cost + 20% Admin Fee
Charges at the fully allocated hourly rates for all personnel i nvolved plus any contract costs.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
305
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
NUISANCE ABATEMENT S-070
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
306
S-071PEDDLER POLICE PERMIT
PERMITPOLICE
Review and background check of a peddler operating within the C ity for compliance with City codes and
standards.
$66.95 per permit
$310 per permit plus any DOJ fees
Live Scan fees are in addition to this fee.
100%
$67.00
$312.00
$(245.00)
2 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 21.47%
$(490)
$624
$134
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
307
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
PEDDLER POLICE PERMIT S-071
2 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP ADMIN SPECIALIST 0.50 $96.21 2 $192 POLICE ADM/INSP/SUP CHIEF OF POLICE 0.50 $215.68 2 $431 $624 $311.89 1.00TYPE SUBTOTAL
$624 1.00TOTALS $312.00
308
S-072MOBILE FOOD VENDOR PERMIT
PERMITPOLICE
Processing a request to operate as a mobile food vendor within the City.
$106 per permit
$310 per permit
Live Scan fees are in addition to this fee.
100%
$106.00
$311.80
$(205.80)
5 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 34.00%
$(1,029)
$1,559
$530
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
309
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
MOBILE FOOD VENDOR PERMIT S-072
5 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP ADMIN SPECIALIST 0.50 $96.21 5 $481 POLICE ADM/INSP/SUP CHIEF OF POLICE 0.50 $215.68 5 $1,078 $1,559 $311.89 1.00TYPE SUBTOTAL
$1,559 1.00TOTALS $311.80
310
S-073MASSAGE PERMIT - NEW
APPLICATIONPOLICE
Processing a new request to operate as a massage business or te chnician without a State license.
$134.93 per application
$310 per application
Live Scan fees are in addition to this fee.
100%
$135.00
$312.00
$(177.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 43.27%
$(177)
$312
$135
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
311
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
MASSAGE PERMIT - NEW S-073
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP ADMIN SPECIALIST 0.50 $96.21 1 $96 POLICE ADM/INSP/SUP CHIEF OF POLICE 0.50 $215.68 1 $216 $312 $311.89 1.00TYPE SUBTOTAL
$312 1.00TOTALS $312.00
312
S-074MASSAGE PERMIT - RENEWAL
RENEWALPOLICE
Processing a renewal to operate as a massage business or techni cian without a State license.
$134.93 per renewal
$70 per renewal
100%
$135.00
$69.00
$66.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 195.65%
$66
$69
$135
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
313
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
MASSAGE PERMIT - RENEWAL S-074
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.50 $68.53 1 $69 $69 $68.53 0.50TYPE SUBTOTAL
$69 0.50TOTALS $69.00
314
S-075TAXI PERMIT
PERMITPOLICE
Annual review of a taxi operating within the City for complianc e with City codes and standards.
$56.65 per permit
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
315
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
TAXI PERMIT S-075
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
316
S-076ANNUAL TAXI INSPECTION
INSPECTIONPOLICE
Annual inspections of taxicabs operating in the City.
$66.95 per inspection
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
317
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ANNUAL TAXI INSPECTION S-076
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
318
S-077LIVE SCAN FINGERPRINTING
PRINTPOLICE
Providing live scan fingerprinting for private purposes.
Live Scan - $50.47 per print
Ink:
Resident - $16.49 per print
Non-Resident - $22.66 per print
Additional Card - $5.15 per card
Plus any DOJ fees
$70 per print plus any DOJ fees
100%
$50.48
$68.53
$(18.05)
40 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 73.66%
$(722)
$2,741
$2,019
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
319
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
LIVE SCAN FINGERPRINTING S-077
40 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.50 $68.53 40 $2,741 $2,741 $68.53 0.50TYPE SUBTOTAL
$2,741 0.50TOTALS $68.53
320
S-078POLICE FALSE ALARM RESPONSE
RESPONSEPOLICE
Police response to a Police burglary alarm which was determined to be false due to operator error or system
malfunction.
First three responses in a calendar year - No Charge
Fourth response - $155
Fifth and subsequent responses - $205
First three responses in a calendar year - No Charge
Fourth response - $155
Fifth and subsequent responses - $205
100%
$0.00
$129.56
$(129.56)
650
CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(84,214)
$84,214
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
321
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
POLICE FALSE ALARM RESPONSE S-078
650
REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE PATROL PD OFFICER 20 Min/Each Of 2 0.67 $129.56 650 $84,214 $84,214 $129.56 0.67TYPE SUBTOTAL
$84,214 0.67TOTALS $129.56
322
S-079NOISE DISTURBANCE RESPONSE
RESPONSEPOLICE
Police response to a noise disturbance.
None
First response in a 24 hour period - No Charge
Subsequent responses - $100 or the fully allocated hourly rates for all responding personnel
100%
$0.00
$96.69
$(96.69)
90 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(8,702)
$8,702
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
323
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
NOISE DISTURBANCE RESPONSE S-079
90 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE PATROL PD OFFICER 15 Min/Each Of 2 0.50 $96.69 90 $8,702 $8,702 $96.69 0.50TYPE SUBTOTAL
$8,702 0.50TOTALS $96.69
324
S-080DUI ACCIDENT RESPONSE
RESPONSEPOLICE
Emergency response to a traffic collision involving an individu al driving under the influence.
None
Charge the fully allocated hourly rates for all responding emer gency personnel up to a maximum of $12,000 per
State Code.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
325
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
DUI ACCIDENT RESPONSE S-080
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
326
S-081DUI ARREST
ARRESTPOLICE
Processing a booking of an individual arrested for driving unde r the influence.
$867.26 per arrest
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
327
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
DUI ARREST S-081
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
328
S-082CURFEW VIOLATION RESPONSE
RESPONSEPOLICE
Response to a curfew violation by a minor.
$111.24 per response
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
329
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CURFEW VIOLATION RESPONSE S-082
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
330
S-083BOOKING PROCESSING
BOOKINGPOLICE
Processing the booking of an arrestee.
$195.70 per booking
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
331
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
BOOKING PROCESSING S-083
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
332
S-084COUNTY JAIL ACCESS FEE
BOOKINGPOLICE
Charge from the County for jail access.
$386.25 per booking
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
333
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
COUNTY JAIL ACCESS FEE S-084
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
334
S-085VEHICLE RELEASE
RELEASEPOLICE
Towing and release of an impounded vehicle.
Ordinary Tow - $111.24 per release
Penalty Tow - $207.03 per release
$215 per release
100%
$196.39
$213.66
$(17.27)
225
CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 91.91%
$(3,887)
$48,074
$44,187
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
335
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
VEHICLE RELEASE S-085
225
REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD OFFICER 0.75 $179.40 225 $40,365 POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.25 $34.26 225 $7,709 $48,074 $213.66 1.00TYPE SUBTOTAL
$48,074 1.00TOTALS $213.66
336
S-086TOWED VEHICLE PROPERTY RELEASE
VEHICLEPOLICE
Release of property from a towed vehicle.
$66.95 per vehicle
$35 per vehicle
100%
$66.95
$34.26
$32.69
100
CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 195.42%
$3,269
$3,426
$6,695
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
337
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
TOWED VEHICLE PROPERTY RELEASE S-086
100
REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.25 $34.26 100 $3,426 $3,426 $34.26 0.25TYPE SUBTOTAL
$3,426 0.25TOTALS $34.26
338
S-087NON-RESIDENT CITATION SIGN OFF
CITATIONPOLICE
Sign-off of a mechanical failure citation from a non-resident o f the City.
$22 per citation
$60 per citation
100%
$22.00
$59.80
$(37.80)
30 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 36.79%
$(1,134)
$1,794
$660
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
339
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
NON-RESIDENT CITATION SIGN OFF S-087
30 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD OFFICER 0.25 $59.80 30 $1,794 $1,794 $59.80 0.25TYPE SUBTOTAL
$1,794 0.25TOTALS $59.80
340
S-088VEHICLE INSPECT AND CERTIFICATION
VEHICLEPOLICE
Inspection and certification of the safety of a vehicle. $22.66 per vehicle
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
341
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
VEHICLE INSPECT AND CERTIFICATION S-088
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
342
S-089VIN VERIFICATION
VEHICLEPOLICE
Verification of the vehicle identification number of a vehicle on request.
$44.29 per vehicle
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
343
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
VIN VERIFICATION S-089
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
344
S-090VEHICLE REPOSSESSION PROCESSING
VEHICLEPOLICE
Processing a notification that a vehicle is being repossessed.
Fee is set by State Code:
$15 per vehicle
Fee is set by State Code:
$15 per vehicle
45%
$15.00
$34.27
$(19.27)
45 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 43.77%
$(867)
$1,542
$675
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
345
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
VEHICLE REPOSSESSION PROCESSING S-090
45 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.25 $34.26 45 $1,542 $1,542 $34.26 0.25TYPE SUBTOTAL
$1,542 0.25TOTALS $34.27
346
S-091WEAPON STORAGE & RELEASE
WEAPONPOLICE
Storage and release of weapons required to be impounded by the Courts.
None
First Weapon - $565 per weapon
Each Additional Weapon - $190 per weapon
100%
$0.00
$583.20
$(583.20)
10 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(5,832)
$5,832
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
347
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
WEAPON STORAGE & RELEASE S-091
10 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD OFFICER 1.50 $358.80 10 $3,588 POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 1.50 $205.58 10 $2,056 $5,644 $564.38 3.00TYPE SUBTOTAL
POLICE ADM/INSP/SUP PD OFFICER Each Add'l Weapon 0.50 $119.60 1 $120 POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST Each Add'l Weapon 0.50 $68.53 1 $69 $188 $188.13 1.00TYPE SUBTOTAL
$5,832 4.00TOTALS $583.20
348
S-092PROPERTY PRESERVATION
OCCURRENCEPOLICE
Preservation of impounded property.
$134.93 per occurrence
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
349
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
PROPERTY PRESERVATION S-092
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
350
S-093CONCEALED WEAPONS PERMIT
APPLICATIONPOLICE
Processing a request to carry a concealed weapon within the Cit y.
New or Renewal - $252.35
New or Renewal - $252.35
This service is not currently provided by the City, but it is r ecommended to keep the current fee in case the City
decides to provide the service in the future.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
351
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CONCEALED WEAPONS PERMIT S-093
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
352
S-094CLEARANCE LETTER
LETTERPOLICE
Providing a local background check on an individual by request. $61.80 per letter
$45 per letter
100%
$61.80
$45.20
$16.60
15 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 136.73%
$249
$678
$927
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
353
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CLEARANCE LETTER S-094
15 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.33 $45.23 15 $678 $678 $45.23 0.33TYPE SUBTOTAL
$678 0.33TOTALS $45.20
354
S-095POLICE REPORT COPY
PAGEPOLICE
Providing copies of Police reports on request.
$0.25 per page
$0.28 per page
20%
$0.25
$1.37
$(1.12)
175
CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 18.33%
$(196)
$240
$44
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
355
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
POLICE REPORT COPY S-095
175
REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.01 $1.37 175 $240 $240 $1.37 0.01TYPE SUBTOTAL
$240 0.01TOTALS $1.37
356
S-096POLICE ELECTRONIC FILE COPY
DEVICEPOLICE
Providing a copy of an electronic Police record on request. $62 per disk
$10 per device
100%
$62.00
$6.75
$55.25
4 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 918.52%
$221
$27
$248
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
357
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
POLICE ELECTRONIC FILE COPY S-096
4 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST POLICE ADM/INSP/SUP PD SUPPORT SPECIALIST 0.05 $6.85 4 $27 $27 $6.85 0.05TYPE SUBTOTAL
$27 0.05TOTALS $6.75
358
S-097CIVIL SUBPOENA/DUCES TECUM
SUBPOENAPOLICE
Processing a civil subpoena for testimony or subpoena duces tec um for records.
Fees are set by the Courts:
Civil Subpoena - $275 per hour with a 4 hour minimum
Duces Tecum Subpoena - $15
Fees are set by the Courts:
Civil Subpoena - $275 per hour with a 4 hour minimum
Duces Tecum Subpoena - $15
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
359
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CIVIL SUBPOENA/DUCES TECUM S-097
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
360
S-098NON-DIGITAL POLICE PHOTO COPY
PHOTOPOLICE
Reproduction of Police photographs on request.
$89.61 per photo
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
361
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
NON-DIGITAL POLICE PHOTO COPY S-098
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
362
S-099VERIFICATION OF LOSS STATEMENT
STATEMENTPOLICE
Providing a verification of loss statement.
$80 per statement
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
363
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
VERIFICATION OF LOSS STATEMENT S-099
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
364
S-100POLICE RECORD REVIEW
REVIEWPOLICE
Providing a review of Police records.
$89.61 per review
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
365
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
POLICE RECORD REVIEW S-100
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
366
S-101ALARM PERMIT
PERMITPOLICE
Registration of burglar alarm to identify the contact informati on of the owner.
$44.29 per permit
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
367
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ALARM PERMIT S-101
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
368
S-102BUSINESS LICENSE PROCESSING
LICENSEFINANCE
Processing and review of business license regulatory informatio n.
Actual contract costs
Actual contract costs
100%
$0.00
$0.00
$0.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
369
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
BUSINESS LICENSE PROCESSING S-102
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
370
S-103NSF CHECK PROCESSING
NSF CHECKFINANCE
Processing of a check returned for insufficient funds.
$40.17 per NSF Check
$45 per NSF Check
100%
$40.20
$45.00
$(4.80)
10 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 89.33%
$(48)
$450
$402
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
371
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
NSF CHECK PROCESSING S-103
10 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST FINANCE OPERATIONS ACCOUNTING TECH II 0.33 $45.03 10 $450 $450 $45.03 0.33TYPE SUBTOTAL
$450 0.33TOTALS $45.00
372
S-104CHECK RE-ISSUANCE
CHECKFINANCE
Re-issuance of a vendor check due to the actions of the vendor. $39.14 per check
$45 per check
100%
$39.00
$45.00
$(6.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 86.67%
$(6)
$45
$39
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
373
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
CHECK RE-ISSUANCE S-104
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST FINANCE OPERATIONS ACCOUNTING TECH II 0.33 $45.03 1 $45 $45 $45.03 0.33TYPE SUBTOTAL
$45 0.33TOTALS $45.00
374
S-105TECHNOLOGY ENHANCEMENT SURCHARGE
N/AFINANCE
Surcharge on City fees (except Parks & Recreation fees) for the enhancement of technology used by City staff to
provide the services.
Technology Enhancement - 5% of any City fee being charged excep t Parks & Recreation and County Building
Fees
Imaging - 5% of any City fee being charged except Parks & Recre ation and County Building Fees
10% of any City fee being charged except Parks & Recreation and County Building Fees
100%
$12,591.00
$12,500.00
$91.00
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 100.73%
$91
$12,500
$12,591
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
375
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
TECHNOLOGY ENHANCEMENT SURCHARGE S-105
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING 0.00 $12,500.00 1 $12,500 $12,500 $12,500.00 0.00TYPE SUBTOTAL
$12,500 0.00TOTALS $12,500.00
376
S-106DOCUMENT REPRODUCTION
COPYCITY CLERK
Providing copies of City documents on request.
Fees are limited by the State Public Records Act:
$0.28 per copy
Campaign Statements and Statements of Economic Interest - $0.10 per copy
Retrieval of Campaign Documents over 5 years old - $5
Fees are limited by the State Public Records Act:
$0.28 per copy
Campaign Statements and Statements of Economic Interest - $0.10 per copy
Retrieval of Campaign Documents over 5 years old - $5
35%
$0.28
$0.79
$(0.51)
500
CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 35.44%
$(255)
$395
$140
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
377
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
DOCUMENT REPRODUCTION S-106
500
REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST MANAGEMENT SVCS SENIOR CLERK I 0.01 $0.79 500 $395 $395 $0.79 0.01TYPE SUBTOTAL
$395 0.01TOTALS $0.79
378
S-107ELECTRONIC DOCUMENT COPY
DEVICECITY CLERK
Providing copies of electronic City records on a physical devic e.
$2.80 per CD
$7 per device
100%
$3.00
$4.00
$(1.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 75.00%
$(1)
$4
$3
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
379
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
ELECTRONIC DOCUMENT COPY S-107
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST MANAGEMENT SVCS SENIOR CLERK I 0.05 $3.93 1 $4 $4 $3.93 0.05TYPE SUBTOTAL
$4 0.05TOTALS $4.00
380
S-108AGENDA SUBSCRIPTION
SUBSCRIPTIONCITY CLERK
Processing and mailing of meeting agendas on request.
$63.86 per year per type of meeting
This fee should be removed from the fee schedule.
100%
$0.00
$0.00
$0.00
0 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$0
$0
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
381
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
AGENDA SUBSCRIPTION S-108
0 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST
0.00 $0.00 0 $0
$0 $0.00 0.00TYPE SUBTOTAL
$0 0.00TOTALS $0.00
382
S-109LOCAL ELECTION CANDIDATE FILING
CANDIDATECITY CLERK
Processing and review of a candidate for a local election.
None
Fee is set by State Law:
$25 per candidate
5%
$0.00
$475.50
$(475.50)
2 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 0.00%
$(951)
$951
$0
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
383
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
LOCAL ELECTION CANDIDATE FILING S-109
2 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST MANAGEMENT SVCS CITY CLERK/PIO 2.00 $475.36 2 $951 $951 $475.36 2.00TYPE SUBTOTAL
$951 2.00TOTALS $475.50
384
S-110LOCAL INITIATIVE PROCESSING
INITIATIVECITY CLERK
Processing and review of a proposed local initiative for the ba llot.
$216.30 per initiative
$200 per initiative
Fee is refundable to the filer, if within one year of filing th e notice of intent, the elections official certifies the sufficiency of the petition.
This fee is limited by the State Law - Elections Code Section 9 202(b)
20%
$216.00
$1,188.00
$(972.00)
1 CITY OF HERCULES
FY 2022-2023
REVENUE AND COST SUMMARY WORKSHEET
SERVICE REFERENCE NO.
PRIMARY DEPARTMENT UNIT OF SERVICE SERVICE RECIPIENT
DESCRIPTION OF SERVICE
CURRENT FEE STRUCTURE
REVENUE AND COST COMPARISON
UNIT REVENUE:
UNIT COST:
UNIT PROFIT (SUBSIDY):
TOTAL UNITS:
TOTAL REVENUE:
TOTAL COST:
TOTAL PROFIT (SUBSIDY):
PCT. COST RECOVERY: 18.18%
$(972)
$1,188
$216
SUGGESTED FEE FOR COST RECOVERY OF:
July 12, 2023
385
July 12, 2023
CITY OF HERCULES
FY 2022-2023
COST DETAIL WORKSHEET
SERVICE
LOCAL INITIATIVE PROCESSING S-110
1 REFERENCE NO.
TOTAL UNITSNOTE
Unit Costs are an Average of Total Units
DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST MANAGEMENT SVCS CITY CLERK/PIO 5.00 $1,188.40 1 $1,188 $1,188 $1,188.40 5.00TYPE SUBTOTAL
$1,188 5.00TOTALS $1,188.00
386
Contact Information
Eric Johnson
President
Tel 714-992-9027
[email protected]
Chu Thai
Partner
Tel 714-992-9024
[email protected]
Company Information
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
Tel (714) 992-9020
www.revenuecost.com
387
Cost Allocation Plan and
Cost of Services Study
City of Hercules
October 10, 2023
388
PROJECT OVERVIEW
Revenue & Cost Specialists founded in 1980
• Cost Allocation Plans
• User Fee Studies
• Impact Fee Studies
• Long-Term Financial Plan
2 Eric Johnson
President
Chu Thai
Partner
a. Last Comprehensive User Fee Study – 2011
b. Project Kick-Off – November 2022
c. Data Used – FY 2022-23
d. Scope of work – Cost Allocation Plan &
Comprehensive User Fee Update
389
WHAT IS A COST ALLOCATION PLAN?
• A plan which accounts for the FULL COST of a government program by including all associated direct and indir
ect costs
• A Cost Allocation Plan distribute indirect costs to ensur e that programs pay for all the services it receives
• Indirect Costs are those which provide supporting services to multiple programs, and none to the public.
Examples include legal counsel, finance, human resources, IT support, insurance, records management and facility oper
ations.
• Direct Costs are those directly budgeted and benefiting a specific program. Program examples include police patrol, park and street maintenance, sewer operations, building plan check and inspections,
planning review, and recreation programs.
3 390
DIRECT versus INDIRECT
Direct Indirect
Police Patr ol
Investigation
Dispatch
Animal Control
Finance Bus Passes
Business License
Utility Billing
Accounts Payable
General Accounting
Payroll
Risk & HR Recruitments & Personnel Svcs
Risk Management
4 391
HERCULES
CAP & FEE STUDY ILLUSTRATED
Allocated
Division/Program
Allocate to Departments & Other Funds
Community Development, Public Works
Parks, Recreation & Police. LLD funds & Sewer Enterprise Fund 5 Allocate further to
Department Staffing (FBHR) and Services
$
392
CAP APPLIED TO DEPTS & FTE
6 $1,653,567
$1,942,713
$427,359
$978,550
$0 $5,000,000 $10,000,000
Police
(30.50 FTE)
Public Works
(11.87 FTE)
Community
Development (5.70 FTE)
Parks & Recreation
(29.53 FTE) Budget CAP
393
NEXT STEP…FEE STUDY
Department
Overhead &
FBHR
Cost
Allocation
Plan
Tax Services
(Community
Supported)
Fee Services
(Personal
Choice)
7 394
HERCULES SERVICES & USER FEES | Administrative/Minor Use Permit | Conditional Use Permit | Wireless Facility Special Use Permit | Combined Live/Work License | Cup Amendment
- Minor | Design Review - Administrative | Design Review - Legislative | Planning Staff Pre - Submittal Rev | Zoning Designation Change | Zoning Text Amendment | Planned Development Plan | General Plan Amendment | Development Agreement | Specific Plan | Specific Plan Amendment | Annexation | Development Standards Variance | Tentative Parcel/Subdivision Map | Lot Line Adjustment/Parcel Merger | Tentative Map Extension | Certificate of Compliance | Initial Study/Negative Declaration | Environmental Impact Report | Mitigation Monitoring Program | Minor Modification | Major Modification - Wireless | Landscape Plan Review/Inspection | Time Extension | Temporary Use Permit - PC | Temporary Use Permit - Admin | Private Property Special Event Permit | Public Property Special Event Permit | Special Event Staffing | Appeal to the Planning Commission | Appeal to the City Council | Paving Plan Review | Paving Permit | Zoning Verification Letter | Property History Letter | Preferential Parking District Permit | Extra Plan Review/Inspection | Planning Miscellaneous Review | General Plan Update Cost Recovery | Code Enforce Planning Application | Building Plan Check/Inspection | Final Parcel/Subdivision Map | Public Improvement Plan Check | Public Improvement Inspection | Grading Plan Check | Grading Inspection | Stormwater Plan Review | SWPPP Stormwater Inspection | Utility Encroachment | Encroachment Permit (Non-Utility) | Sewer Lateral Certificate | Temporary Encroachment Permit | Sidewalk Dining Permit | Sidewalk Vending Permit | Housing Moving Permit | Haul Route Permit | Wide Load Permit | Assessment Apportionment Process | Additional Engineering Plan Rev/Inspect | Miscellaneous Engineering Services | Code Enforcement Inspection | Code Enforcement Hearing | Inspection Warrant | Abatement Warrant | Lien And Special Assessment | Nuisance Abatement | Peddler Police Permit | Mobile Food Vendor Permit | Massage Permit - New | Massage Permit - Renewal | Taxi Permit | Annual Taxi Inspection | Live Scan Fingerprinting | Police False Alarm Response | Noise Disturbance Response | DUI Accident Response | DUI Arrest | Curfew Violation Response | Booking Processing | County Jail Access Fee | Vehicle Release | Towed Vehicle Property Release | Non-Resident Citation Sign Off | Vehicle Inspect and Certification | VIN Verification | Vehicle Repossession Processing | Weapon Storage & Release | Property Preservation | Concealed Weapons Permit | Clearance Letter | Police Report Copy | Police Electronic File Copy | Civil Subpoena/Duces Tecum | Non-Digital Police Photocopy | Verification Of Loss Statement | Police Record Review | Alarm Permit | Business License Processing | NSF Check Processing | Check Re-Issuance | Technology Enhancement Surcharge | Document Reproduction | Electronic Document Copy | Agenda Subscription | Local Election Candidate Filing | Local Initiative Processing | Recreation Facility Rental | Day Camp Programs | Childcare Programs | Recreation Classes | Senior Citizen Services | Tiny Tots Program | Swim Center | Sports Programs | Teen Programs | Youth/Teen Resource Center | Police Services | Code Enforcement | Right-Of-Way Maintenance | Capital Engineering Services | Transportation Services | Lighting & Landscape Districts | Sewer Services | Advanced Planning | Planning Counter/Phone Support | Economic Development | Intergovernmental Relations | Library Services
CALCULATING FULL COST OF SERVICES
395
A
Establish Service &
Time Spent
Identify all fee services
Allocate staff times
Estimate number of units
Allocate 100% of City Services
ALLOCTING PEOPLE AND TIME
Conditional Use Permit
Home Occupation Permit
New Business Application
Wireless Telecom ADD
Payroll Processing
Police Patrol
- Project Planner (20 hrs), CD Director (2 hrs)
-
Project Planner (.5 hrs)
- Accounting Tech (.25 hrs)
- Contract Engineer (2.0 hrs)
- Accounting Tech (6.0 hrs/PY Batch)
- Police Officer (6 FTE)
12/yr
4/yr
20/yr
1/yr
28/yr
365 days
9 396
A
Establish Service &
Time Spent
- Identify all fee services
-
Allocate staff times
- Estimate number of units
- Allocate 100% of City Services
CALCULATE FULL COST OF SERVICES
B
Calculate the
Full Cost of Services
Balance positions to 100%
Apply overheads & FBHR to
service times
Allocate direct costs
Calculate Full Cost of Services
10 397
A
Establish Service &
Time Spent
- Identify all fee services
-
Allocate staff times
- Estimate number of units
- Allocate 100% of City Services
DISCUSS FINDINGS
B
Calculate the
Full Cost of Services
- Balance positions to 100%
-
Apply overheads & FBHR to
service times
- Allocate direct costs
- Calculate Full Cost of Services
CD
Coordinate updated fee adoption
11 398
Taxes
(General
Fund)
Community
Supported
Services
REVENUES
COSTS
Fees &
Charges
Personal
Choice
Services
FULL COST OF FEE SERVICES
12 Taxes pay for
Community Support Services
Taxes pay for
Community Support Services
• User cannot select the service
• Service benefits community
as a whole
• 100% supported by tax
dollars
E.g. Patrol, street
maintenance,
tree
maintenance, City
special events
Fees pay for
Personal Choice Services
Fees pay for
Personal Choice Services
• User is identifiable
• Service is measurable
• Benefits an individual or
group
• E.g. Development
permit/inspection, w
ater
service, facility rental
399
POSSIBLE COST RECOVERY
Taxes
(General
Fund)
Community
Supported
Services
REVENUES
COSTS
Fees &
Charges
Personal
Choice
Services
13 TOTAL TOTAL TOTAL POSSIBLE
FEE SERVICE PROFIT/ NEW
SERVICE REVENUE COST (SUBSIDY) ACTUAL SUGGEST REVENUE
[S-001 to S-064] DEVELOPMENT SERVICES $473,257 $570,659 ($97,402) 82.9% VAR. $89,700 [S-065 to S-101] PUBLIC SAFETY $57,176 $164,782 ($107,606) 34.7% VAR. $9,300 [S-102 to S-110] ADMINISTRATION $13,391 $15,533 ($2,142) 86.2% VAR. $0 ALL FEE SERVICES $543,824 $750,974 ($207,150) 72.4% $99,000 PCT. RECOVERY
FROM FEES
400
110 FEE SERVICES
14 New
Increased (including Deposits/Hourly Rate)
Restructured
No Change (Incl. Legal Limit, Market Sensitive, Surcharge) Decreased
Deleted
23 18
38 11
16 4
401
COST OF SERVICES STUDY
APPENDIX A – SUMMARY OF CURRENT AND PROPOSED FEES
402
COST OF SERVICES STUDY
APPENDIX B – SERVICE COST CALCULATION WORKSHEETS
403
COMPREHENSIVE UPDATE
Legal
Review
17 COMPREHENSIVE
APPROACH
404
CITY COUNCIL DECIDES
FINAL TAX SUBSIDY
•Fee studies should be performed every 4-5 years to identify full cost of city services.
•This study identified the full costs of services using FY23 data, compar
ed to latest fees of 2022.
•RCS and City Staff have made fee recommendations based on best pr
actice.
•It is now up to the City Council to decide if fee-based services should be char
ged the full cost, or should they be subsidized
with tax dollars.
18 405
Questions?
Eric Johnson Chu Thai
President P artner
[email protected] [email protected]
(714) 992-9027 (714) 992-9024
www.revenuecost.com
406
DISCUSSION AND/OR ACTION
AGENDA ITEM
3. 22-669
407
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 10, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Approve a resolution to enter into a ten-year Master Agreement with Caltrans for Transit and Intercity Rail Capital Program (TIRCP) Funding.
RECOMMENDED ACTION:
Adopt a resolution approving a ten-year Master Funding Agreement with Caltrans to receive Transit and Intercity Rail Program (TIRCP) Funding and authorizing the City Manager to execute the Master Agreement on behalf of the City.
EXECUTIVE SUMMARY:
The California Department of Transportation (Caltrans) requires execution of a ten -year TIRCP Master Agreement with fund recipients to receive TIRCP funds. When TIRCP funds are allocated to a specific project by the California Transportation Commission (CTC), a separate project specific sub-agreement, called a Program Supplement, will be executed that documents the details of the project’s funding agreement.
Staff recommend approval of a resolution to execute a TIRCP Master Agreement with Caltrans and authorization for the City Manager to execute the Master Agreement and any subsequent Program Supplements to receive TIRCP funds.
Procedurally, once Caltrans receives the executed resolution from the City, they will fill - out the Agreement and mail it back to the City for signatures. 22-669
408
BACKGROUND:
At the January 24, 2023, meeting, City Council approved a resolution to support filing a joint TIRCP funding application for the Hercules Hub Project with the with the Capitol Corridor Joint Powers Authority (CCJPA) as the lead agency.
The TIRCP was crea ted to fund transformative capital improvements that modernize California’s intercity rail, ferry, and rail transit systems to achieve the following policy objectives:
1. Reduce emissions of greenhouse gases
2. Expand and improve transit service to increase ridership
3. Integrate the rail service of the state’s various rail operations, including integration with the high‐speed rail system
4. Improve transit safety
The California State Transportation Agency (CalSTA) is responsible for developing guidelines, evaluating applications, and approving a multiyear program of projects. In April 2023, th e City was notified that the Hercules Hub was awarded $2.4M in TIRCP funding for the project’s final design. The final design will cover the utility relocations, track and signa ls, platform, pedestrian overcrossing , station parking lot , and bus circulation area.
The CTC is responsible for allocating funding to projects in the TIRCP Program of projects approved by CalSTA , and Caltrans is responsible for administering the funds. Prior to CTC allocation, Caltrans requires the execution of a ten-year TIRCP Master Agreement for recipients to receive TIRCP funds; the master agreement will cover any funds that are awarded to the City from TIRCP. After the TIRCP funds are allocated to a specific project (i.e., the Hub) by the CTC , a Program Supplement (a separate project specific sub - agreement) will be executed to document the details of the project’s funding agreement.
The City has obtained a legal review indicating that the TIRCP Mast er Agreement between the City and Caltrans is suitable for signature by the City’s designated authority if a City Council resolution is passed.
Staff recommend approval of a resolution to execute a TIRCP Master Agreement with Caltrans and authorize for the City Manager to execute the Master Agreement, all Award Agreements, and any subsequent Program Supplements and amendments to receive TIRCP funds.
ANALYSIS:
Adoption of the proposed resolution will allow the City to receive future grant funding from the TIRCP Program.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
409
ATTACHMENTS:
Attach 1 - Resolution
Attach 2 – TIRCP MA Template DLA
410
RESOLUTION NO. 23-
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES
AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSIT AND INTERCITY
RAIL CAPITAL PROGRAM (TIRCP) MASTER AGREEMENT WITH CALTRANS
WHEREAS, the State of California regularly provides grant opportunities in the State’s TIRCP and requires the execution of a TIRCP Master Agreement for all funding reimbursements; and
WHEREAS, Caltrans requires City Council level approval of a resolution to execute a TIRCP Master Agreement; and
WHEREAS, the City has been successfully awarded TIRCP funding; and
WHEREAS, the C ity has obtained a legal review indicating that the TIRCP Master Agreement between the City and Caltrans is suitable for signature by the City ’s designated authority if a City Council resolution is passed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby adopts a resolution authorizing the C ity to execute a TIRCP Master Agreement which will last for ten years for the purposes of future funded TIRCP projects; and
BE IT FURTHER RESOLVED that that the fund recipient agrees to comply with all conditions and requirements set forth in this agreement and applicable statutes, regulations, and guidelines; and
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Master Agreement, all Award Agreements, and all Program Supplements and any amendments thereto with Caltrans.
The foregoing Resolution was duly and regularly adopted at a regular meeting of t he City Council of th e City of Hercules held on the 10th day of October 2023 by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Alex Walker-Griffin, Mayor
ATTEST:
Eibleis Melendez, City Clerk
411
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
10/3/2023 Page 1
California State Transportation Agency
Transit and Intercity Rail Capital Program
Grant Recipient:
Agency/Recipient Name
CalSTA Transit and Intercity Rail Capital Program Administered by:
California Department of Transportation
Division of Local Assistance
1120 N Street, Room 3300
P.O. Box 942874, MS-39
Sacramento, California 94274-0001
412
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 2
TABLE OF CONTENTS
RECITALS __________________________________________________________________________ 4 ARTICLE I - DEFINITIONS _____________________________________________________________ 5 ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION __________________________________ 7 Section 1. TIRCP Projects and Project Management _______________________________ 7 Section 2. Program Supplement _________________________________________________ 8 A. General __________________________________________________________________ 8 B. Project Overrun _________________________________________________________ 10 C. Cost Savings and Project Completion _____________________________________ 10 D. Scope of Work __________________________________________________________ 11 E. Program Supplement Amendments ______________________________________ 11 Section 3. Allowable Costs and Payments _______________________________________ 11 A. Allowable Costs and Progress Payment Invoice ___________________________ 11 B. Final Invoice _____________________________________________________________ 12 ARTICLE III – GENERAL PROVISIONS _________________________________________________ 12 Section 1. Funding ______________________________________________________________ 12 Section 2. Audits and Reports ___________________________________________________ 12 A. Cost Principles ___________________________________________________________ 12 B. Record Retention ________________________________________________________ 13 C. Reporting Requirements _________________________________________________ 14 Section 3. Special Requirements ________________________________________________ 16 A. California Transportation Commission Resolutions __________________________ 16 B. Recipient Resolution _____________________________________________________ 16 C. Termination _____________________________________________________________ 17 D. Third Party Contracting __________________________________________________ 18 E. Change in Funds and Terms/Amendments ________________________________ 18 F. Project Ownership _______________________________________________________ 18 G. Disputes_________________________________________________________________ 21 H. Hold Harmless and Indemnification _______________________________________ 21 I. Labor Code Compliance ________________________________________________ 22 J. Non-Discrimination Clause _______________________________________________ 22 K. State Fire Marshal Building Standards Code _______________________________ 23 L. Americans with Disabilities Act ___________________________________________ 23 M. Access for Persons with Disabilities ________________________________________ 24 N. Disabled Veterans Program Requirements ________________________________ 24 O. Environmental Process ___________________________________________________ 24 P. Force Majeure __________________________________________________________ 25 ARTICLE IV – MISCELLANEOUS PROVISIONS _________________________________________ 25 Section 1. Miscellaneous Provisions ______________________________________________ 25 A. Successor Acts __________________________________________________________ 25 B. Successor and Assigns to the Parties ______________________________________ 25 413
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 3
C. Notice __________________________________________________________________ 25 D. Amendment ____________________________________________________________ 26 E. Representation and Warranties of the Parties ______________________________ 26 F. Construction, Number, Gender and Captions _____________________________ 28 G. Complete Agreement ___________________________________________________ 28 H. Partial Invalidity __________________________________________________________ 28 I. Conflicts ________________________________________________________________ 28 J. Counterparts ____________________________________________________________ 29 K. Governing Law __________________________________________________________ 29 Appendix A - TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION __________ 30 Appendix B - RECIPIENT'S RESOLUTION ______________________________________________ 31
414
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 4
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Effective Date of this Agreement: Month Date, Year or upon final signature, whichever is later
Termination Date of this Agreement: Month Date, Year
Recipient: Agency Name
Application Funding: The Greenhouse Gas Reduction Fund and Senate Bill 1 Fund are the applicable funding
source covered by this Agreement and will be
identified in each specific Program
Supplement, adopting the terms of this
Agreement.
RECITALS
1. WHEREAS, The Global Warming Solutions Act of 2006 , codified at Cal.
Health & Safety C. § 38500 et seq. (the “A ct”) (Assembly Bill [AB] 32, Nunez, Chapter 488) created a comprehensive program to reduce greenhouse gas emissions in California. The Act required California to reduce greenhouse gases to 1990 levels by 2020, and to maintain and continue reductions beyond 2020. In March 2012, Governor Brown signed Executive Order B ‐16‐2012 affirming a long ‐ range climate goal for California to reduce greenhouse gases from the transportation sector to 80 percent below 1990 levels by 2050.
2. WHEREAS, the Cap ‐and‐Trade Program is a key element in California ’s climate plan. It creates a limit on the emissions from sources responsible for 85 percent of California’s greenhous e gas emissions, establishes the price signal needed to drive long ‐term investment in cleaner fuels and more efficient use of energy, and gives covered entities flexibility to implement the lowest‐cost options to reduce greenhouse gas emissions.
3. WHEREAS, in 2012, the Legislature passed and Governor Brown signed into law three bills, AB 1532 (Pérez, Chapter 807, Statutes of 2012), Senate Bill (SB) 535 (De León, Chapter 830, Statutes of 2012), and SB 1018 (Budget and Fiscal Review Committee, Chapter 39, Statutes of 2012), that established the Greenhouse Gas Reduction Fund (GGRF) to receive proceeds from the distribution of allowances via auction and provided the framework for how those auction proceeds will be appropriated and expended. These statutes require that expenditures from the 415
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 5
GGRF be used to facilitate the achievement of greenhouse gas emission reductions and further the purposes of the Act.
4. WHEREAS, in 2017, the Legislature passed and Governor Brown signed into law the Road Repair and Accountability Act of 2017 SB 1, which directed additional funding to the Transit and Intercity Rail Capital Program (TIRCP).
5. WHEREAS, TIRCP is funded pursuant to Public Resources Code section 75220 et seq. and Health and Safety Code section 39719(b)(1)(A).
6. WHEREAS, as directed by Cal. Pub. Resources C. §§ 75223, 75224 , CalSTA has established and updated TIRCP Program Guidelines that describe the policy, standards, criteria, and procedures for the development, ado ption and management of the TIRCP Program.
7. WHEREAS, Recipient submitted an application, been evaluated and selected by CalSTA in accordance with the TIRCP Program Guidelines.
8. WHEREAS, on August 17, 2015, CalSTA delegated the administration of the TIRCP Program to the Department pursuant to the TIRCP Program Guidelines and the Department’s policies and procedures for the administration of similar grant programs.
9. NOW THEREFORE, in consideration of the recitals and the rights, duties and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to the following:
10. This Agreement, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, (hereinafter referred to as Recipient), and the STATE OF CALIFORNIA, acting by and through the California Department of Transportation (hereinafter referred to as DEPARTMENT), and subject to the approval of the California State Transportation Agency (CalSTA).
ARTICLE I - DEFINITIONS
The terms defined in this Article I shall for all purposes of this Agreement have the meanings specified herein.
1.1 “Act” refers to the Global Warming Solutions Act of 2006 (the “A ct”) (Assembly Bill [AB] 32, Nunez, Chapter 488) codified at Cal. Health & Safety C. §§ 38500 et seq.
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1.2 “Agreement” shall mean this Agreement, inclusive of all appendices and Program Supplements, whereby the Department, on behalf of CalSTA, and pursuant to the Act and as set forth herein, administers the TIRCP Program.
1.3 “Award Agreement” shall mean a pro ject-specific subcontract to this agreement executed following Project award and may include Project specific information, expected outcomes, and deliverables.
1.4 “California Department of Transportation” or “Caltrans” or “Department” or “State” means the State of California, acting by and through its Department of Transportation of the State of the State of California , and any entity succeeding to the powers, authorities and responsibilities of the Department invoked by or under this Agreement or the Program Supplements.
1.5 “California Transportation Commission” or “CTC” shall refer to the commission established in 1978 by Assembly Bill 402 (Chapter 1106, Statutes of 1977).
1.6 “Effective Date” means the date set forth on page 4 of this Agreement.
1.7 “Greenhouse Gas Reduction Funds” or “GGRF” shall mean the funds subject to Chapter 26, Statu tes of 2014, authorizing the State to fund capital improvements and operational investments for California’s transit systems and intercity, commuter, and urban rail systems.
1.8 “Senate Bill 1” or “SB 1” shall mean the funds subject to Chapter 5, Statutes of 2017, authorizing the State to fund capital improvements and investments for California’s transit systems and intercity, commuter, and urban rail systems.
1.9 “Overall Funding Plan” has the meaning set forth in Article II, Section 2(A)(5)(c).
1.10 “Program Guidelines” shall mean the policy, standards, criteria, and procedures for the development, adoption and management of the TI RCP Projects established by CalSTA and provided in Appendix A.
1.11 “Program Supplement” shall mean a project -specific subcontract to this Agreement that is executed following a CTC approved action and includes all Project specific information needed to encum ber funding and shall include expected outcomes and deliverables . Also referred to as Project Supplement Agreement.
1.12 “Program Supplement Last Expenditure Date” and refers to the last date for Recipient to incur valid Project costs or credits.
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1.13 “Program Supplement Termination ” shall occur when the Recipient ’s obligations have been fully performed as set forth in Article II, Section 2D and Article III, Section 3(C)(2) or when terminated by convenience as set forth in Article III, Section 3(C)(1).
1.14 “Project” shall mean the project identified in Recipient’s application.
1.15 “Project Closeout Report” shall have the meaning set forth in Article II, Section 3(B).
1.16 “Project Financial Plan” shall have the meaning set forth in Article II, Section 2(A)(5)(d).
1.17 “Progress Payment Invoice” shall have the meaning set forth in Article II, Section 3A.
1.18 “Project Schedule” has the meaning set forth in Article II, Section 2(A)(5)(b).
1.19 “Scope of Work” has the meaning set forth in Article II, Section 2(A)(5)(a).
1.20 “Secretary” shall mean the Secretary of the California State Transportation Agency (CalSTA). Unless the context otherwise requires, any reference to the Secretary includes CalSTA and its officers and employees.
1.21 “State” shall mean the State of California.
1.22 “TIRCP Projects” shall mean projects that are selected and funded pursuant to the Transit and Intercity Rail Capital Program.
ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION
Section 1. TIRCP Projects and Project Management
1. TIRCP Projects, pursuant to the Act, are established by CalSTA in accordance with the TIRCP Program Guidelines. Under delegation from CalSTA, the Department will administer the TIRCP Program in accordance with the TIRCP Program Guidelines and b est management practices identified in the administration of similar Department grant programs.
2. By this reference, TIRCP Program Guidelines are made an express part of this Agreement and shall apply to each TIRCP Program funded Project as may be amended or updated . Recipient will cause its specific TIRCP mandated Resolution to be attached as part of any TIRCP funded Program Supplement as a condition precedent to the acceptance of GGRF or SB 1 Funds (upon availability and allocation), for such project.
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3. All inquiries during the term of this Agreement and any applicable Program Supplement will be directed to the project representatives identified below:
State’s Project Administrator:
Department of Transportation
Unit Manager Name
Branch Chief [Or other Title],
Branch Name
Phone: [Enter Phone #]
Email:
[[email protected]]
Recipient’s Project Administrator:
Agency Name
Agency Contact Name
Title
(XXX) XXX-XXXX
Contact email
Section 2. Program Supplement
A. General
1. This Agreement shall have no force and effect with respect to the Project unless and until a separate Project specific program supplement hereinafter referred to as “Program Supplement,” adopting all of the terms and conditions of this Agreement has been fully executed by both State and Recipient.
2. Recipient agrees to complete the defined scope of work for the Project, described in the Program Supplement adopting all of the terms and conditions of this Agreement.
3. A financial commitment of actual funds will only occur in e ach detailed and separate Program Supplement . No funds are obligated by the prior execution of this Agreement alone.
4. Recipient further agrees, as a condition to the release and payment of the funds encumbered for the scope of work described in each Program Supplement, to comply with the terms and conditions of this Agreement and all the agreed-upon special covenants and conditions attached to or made a part of the Program Supplement identifying and defining the nature of that specific scope of work.
5. The Program Supplement shall include a detailed scope of work, which shall include but not be limited to, a Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required in the TIRCP Program Guidelines.
a. The Scope of Work shall include a detailed description of the Project and will itemize the major tasks and their estimated costs. 419
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b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration. c. The Overall Funding Plan shall itemize the various Project Components, the committed funding program(s) or source(s), and the matching funds to be provided by Recipient and/or other funding sources, if any [these Components include Environmental and Permit s; Plans, Specifications and Estimates (PS&E); Right-of-Way (ROW); and Construction (including transit vehicle acquisition)].
d. The Project Financial Plan shall identify estimated expenditures for the Project Component by funding source , provided that for th e purposes of this Agreement the State is only monitoring compliance for expenditures for the TIRCP, including but not limited to GGRF and SB 1 Funds allocated for the Project Component.
6. Adoption and execution of the Program Supplement by Recipient and State, incorporating the terms and conditions of this Agreement into the Program Supplement as though fully set forth therein, shall be sufficient to bind Recipient to these terms and conditions when performing the P roject. Unless otherwise expressly delegated to a third-party in a resolution by Recipient’s governing body, which delegation must be expressly assented to and concurred in by State, the Program Supplement shall be managed by Recipient.
7. The estimated cost and scope of the Project will be as des cribed in the applicable Program Supplement. The State shall not participate in any funding for the Project beyond those amounts actually encumbered by the STATE as evidenced in the applicable Program Supplement unless the appropriate steps are followed and approval is granted by the CTC as described below.
8. Upon the stated expiration date of this Agreement, any Program Supplement executed under this Agreement for the Project with obligations yet to be completed pursuant to the approved Project Schedule , deliverables, and reporting requirements shall be deemed to extend the term of this Agreement only to conform to the specific Project termination or completion date, including completion of deliverables and reporting requirements, contemplated by the applicable Program Supplement to allow that uncompleted Project to be administered under the extended terms and conditions of this Agreement.
9. Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Proje ct Approval and Environmental Document (P A&ED) Right -of-Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish.
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B. Project Overrun
1. If Recipient or the State determine, at any time during the performance of the Project, that the Project budget may be exceeded, Recipient shall take the following steps:
a. Notify the designated State representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which Recipient will institute to bring the Project Budget into balance; and b. Identify the source of additional Recipient or other third-party funds that can be made available to complete Project. Recipient agrees that the allocation of the GGRF and SB 1 funds is subject to the allocation propo sed by the CalSTA, submitted by the State, and approved by the CTC.
C. Cost Savings and Project Completion
1. Recipient is encouraged to evaluate design and construction alternatives that would mitigate the costs of delivering the commitments for the Project.
Recipient shall take all steps necessary on a commercially reasonable basis that would generally be taken in accordance with best management practices. In determining cost savings, the Parties shall take into account all avoided costs, including avoided design, material, equipment, labor, construction, testing, acceptance and overhead costs and avoided costs due to time savings, and all the savings in financing costs associated with such avoided costs.
2. If there is an identification and implementation of any CalSTA approved alternative resulting in reduction of the Project costs, the parties agree that the recipient shall provide a prorated share of Project or TIRCP funded Project component cost savings based on the overall project match to the Department no later than 30 days after the submission of the final invoice. Subject to CalSTA’s approval, savings may be used towards another project component or towards increasing project benefits that are consistent with the original project award while maintaining the overall project match referenced in the project award and program supplements.
3. Program supplements will indicate the Project or Component proration of funding match.
4. The Recipient agrees to complete the Project and accepts sole responsibility for the payment of any cost increases. If either the Project or the funded components are not completed, the Recipient shall bear the burden of full TIRCP funds reimbursement to the Department.
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D. Scope of Work
1. Recipient shall be responsible for complete performance of the work described in the approved Program Supplement for the Project related to the commitment of encumbered funds. All work shall be accomplished in accordance with t he applicable provisions of the Act, Public Utilities Code, the Streets and Highways Code, the Government Code, and other applicable statutes and regulations.
2. Recipient acknowledges and agrees that Recipient is the sole control and manager of the Project and its subsequent employment, operation, repair and maintenance for the benefit of the public. Recipient shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which the GGRF and SB1 Funds are derived, (b) the CTC, (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable Program Supplement, and (f) this Agreement.
3. Recipient acknowledges and agrees that the Recipient is responsible for complying with all reporting requirements established by the TIRCP Guidelines and California Air Resource Board (CARB) Funding Guidelines.
E. Program Supplement Amendments
Program Supplement amendments will be required whenever there are CalSTA or CTC approved actions, including but not limited to, Financial Allocations, Financial Allocation Amendments, Time Extensions and Technical Corrections .
These changes shall be mutually binding upon the Parties only following the execution of a Program Supplement amendment.
Section 3. Allowable Costs and Payments
A. Allowable Costs and Progress Payment Invoice
1. Not more frequently than once a month, Recipient will prepare and submit to State signed Progress Payment Invoice for actual Project costs incurred and paid for by Recipient consistent with the allocation and Scope of Work document in the Program Supplement and State shall pay those uncontested allowable costs once the invoice is reviewed and approved by the Department, subject to CalSTA’s approval. If no costs were incurred during any given quarter, Recipient is exempt from submitting a signed Progress Payment Invoice.
2. State shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the Project Financial Plan. The State shall hold the right to determine reimbursement availability based on an approved expenditure plan and TIRCP anticipated or 422
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actual funding capacity. Each such invoice will report the total of Project expenditures from GGRF and SB 1 Funds (including those of Recipient and third parties) and will specify the percent of Sta te reimbursement requested and the GGRF and SB 1 Funds source.
B. Final Invoice
The Program Supplement Last Expenditure Dates(s) refer to the last date for Recipient to incur valid Project costs or credits. Recipient has one hundred and eighty (180) days after that Last Expenditure Date to make already incurred final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to State for reimbursement of allowable Project costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any Project costs.
Recipient expressly waives any right to allowable reimbursements from State pursuant to this Agreement for costs incurred after that termination date and for costs invoiced to Recipient for payment after that one hundred and eightieth (180th) day following the Project Last Expenditure Date.
ARTICLE III – GENERAL PROVISIONS
Section 1. Funding
1. Recipient agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the Program Supplement or any appendices thereto, toward the actual cost of the Project or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater. Recipient shall contribute not less than its required match amount toward the Project cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by Recipient and approved by State as part of a Program Supplement.
Section 2. Audits and Reports
A. Cost Principles
1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles for State and Local Government, and Audit Requirements for Federal Awards.
2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to follow 2 CFR 200 and which shall be used to determine the allowability of individual Project cost ite ms. Every sub-recipient receiving Project 423
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funds as a contractor or sub-contractor under this Agreement shall comply with 2 CFR 200.
3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to State. Should Recipient fail to reimburse moneys due State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, State is authorized to intercept and withhold future payments due to Recipient from State or any third- party source whose funding passes through the State, including but not limited to, the State Treasurer, the State Controller and the CTC.
4. The State may terminate the grant for any reason at any time if it is determined by the State , based on an audit under this section, that there has been a viola tion of any State or federal law or policy by the Recipient during performance under this or any other grant agreement or contract entered into with the State. If the grant is terminated under this section, the Recipient may be required to fully or partially repay funds.
B. Record Retention
1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement and each Program Supplement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under a Program Supplement and shall be held open to inspection, copying, and audit by representatives of State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient’s external and internal auditors may be relied upon and used by State when planning and conducting additional audits.
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2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient’s contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient’s contractors and subcontractors, and State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement and Program Supplement materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under any Program Supplement. State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested.
3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act.
C. Reporting Requirements
1. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project Program Supplement and in compliance with State laws, regulations, and administrative requirements.
2. TIRCP Progress Reporting shall be no more frequently than monthly and no less frequently than quarterly at the discretion of the State and shall generally include the following information;
a. Activities and progress made towards implementation of the project during the reporting period and activities anticipated to take place in the next reporting period;
b. Identification of whether the Project is proceeding on schedule and within budget;
c. Identification of whether the Project Deliverables are proceeding on schedule.
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d. Identification of changes to the Project funding plan, milestone schedule, or deliverables completion date;
e. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Project ’s scope of work and the efforts or activities being undertaken to minimize impacts to schedule, cost, or deliverables;
3. CARB Reporting shall be no more frequently than monthly and no less frequently than semiannually at the discretion of CARB and shall include the following information (subject to modification by CARB); a. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low-income households; b. continued reporting following project implementation to identify benefits achieved.
c. Any and all other requirements instituted by CARB.
4. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report including at a minimum:
a. Scope of completed Project as compared to Programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/or low income households, and project co - benefits as well as an explanation of the methodology used to quantify the benefits.
c. Before and after photos documenting the project
d. The final costs as compared to the approved project budget by component and fund type, and an e stimate of the TIRCP funds spent to benefit disadvantaged communities, low -income communities, and/or low -income households, and
e. The project duration as compared to the project schedule in the project application.
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Section 3. Special Requirements
A. California Transportation Commission Resolutions
1. Recipient shall adhere to applicable CTC policies on “Timely Use of Funds” as stated in Resolution G -06-04, adopted April 26, 2006, addressing the expenditure and reimbursement o f GGRF and SB 1 Funds . These resolutions, and/or successor resolutions in place at the time a Program Supplement is executed, shall be applicable to GGRF and SB 1 funds, respectively.
2. Recipient shall be bound to the terms and conditions of this Agreement, the Project application contained in the Program Supplement (as applicable); and CTC Resolutions G-06-04, G-09-11 and/or their respective successors in place at the time the Program Supplement is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of State and CTC shall accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or State. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the Program Supplement is signed (if applicable) shall also be considered to be binding provisions of this Agreement.
3. Recipient shall conform to any and all permit and mitigation duties associated with Project as well as all environmental obligations established in CTC Resolution G -91-2 and/or its successors in place at the time a Program Supplement is signed, as applicable, at the expense of Recipient and/or the responsible party and without any further financial contributions or obligations on the part of State unless a separate Program Supplement expressly provides funding for the specific purpose of hazardous materials remediation.
B. Recipient Resolution
1. Recipient has executed this Agreement pursuant to the authorizing Recipient resolution, attached as Appendix B to this Agreement, which empowers Recipient to enter into this Agreement and which may also empower Recipient to enter into all subsequent Program Supplements adopting the provisions of this Agreement.
2. If Recipient or State determines that a separate Resolution is needed for each Program Supplement , Recipient will provide information as to who the authorized designee is to act on behalf of the Recipient to bind Recipient with regard to the terms and conditi ons of any said Program Supplement or amendment and will provide a copy of that additional Resolution to State with the Program Supplement or any amendment to that document. 427
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C. Termination
1. Termination Convenience by State
a. State reserves the right to terminate funding for any Program Supplement, subject to CalSTA approval, upon written notice to Recipient in the event that Recipient fails to proceed with Project work in accordance with the Program Supplement , or otherwise violate s the conditions of this Agreement and/or the Program Supplement or the funding allocation such that substantial performance is significantly endangered.
b. No such termination shall become effective if, within thirty (30) days after receipt of a notice of termination, Recipient either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) -day period, Recipient proceeds thereafter to complete the cure in a manner and time line acceptable to State. Any such termination shall be accomplished by delivery to Recipient of a notice of termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this Agreement is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, Recipient and State shall meet to attempt to resolve any dispute.
c. Following a fund encumbrance made pursuant to a Program Supplement, if Recipient fails to expend GGRF or SB 1 monies within the time allowed specified in the Program Supplement, those funds may revert, and be deemed withdrawn and will no longer be availabl e to reimburse Project work unless those funds are specifically made available beyond the end of that Fiscal Year through re-appropriation or other equivalent action of the Legislature and written notice of that action is provided to Recipient by State. d. In the event State terminates a Program Supplement for convenience and not for a default on the part of Recipient as is contemplated in this section, Recipient shall be reimbursed its authorized costs up to State’s proportionate and maximum share of allowable Project costs incurred to the date of Recipient’s receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by Recipient to effect such termination following receipt of that termination notice.
2. Termination After Recipient’s Obligations Fully Performed Following project completion, and all obligations as defined in the TIRCP Guidelines, CARB Guidelines, and Program Supplement are fully performed, including Project completion of all deliverables and reporting, the Program 428
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Supplement shall be terminated. If the Project obligations are not fully performed, as defined under this section, the Recipient may be required to fully or partially repay funds.
D. Third Party Contracting
1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written app roval of State.
Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.
2. Any subcontract entered into by Recipient as a result of this Agreement shall contain the provisions of ARTICLE III – GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors.
3. In addition to the above, the preaward requirements of third-party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05).
E. Change in Funds and Terms/Amendments
This Agreement and the resultant Program Supplement s may be modified, altered, or revised only with the joint written consent of Recipient and State.
F. Project Ownership
1. Unless expressly provided to the contrary in a Program Supplement, subject to the terms and provisions of this Agreement, Recipient, or a designated subrecipient acceptable to State, as applicable, shall be the sole owner of all improvements and property included in the Project constructed, installed or acquired by Recipient or subrecipient with funding provided to Recipient under this Agreement. Recipient, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project dedicated to the public transportation purposes for which Project was initially approved unless Recipient, or subrecipient, as applicable, ceases ownership of such Project property; ceases to utilize the Project property for the intended public transportation purposes; or sells or transfers tit le to or control over Project and State is refunded the Credits due State as provided in paragraph (2 ) herein below.
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2. Project right-of-way, Project facilities constructed or reconstructed on the Project site and/or Project property (including vehicles and vessels) purchased by Recipient (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain permanently dedicated to the desc ribed public transit use in the same proportion and scope, and to the same extent as mandated in the Program Supplement, unless State agrees otherwise in writing. Vehicles acquired as part of Project, including, but not limited to, buses, vans, rail passe nger equipment, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this Agreement, will be determined in accordance with standard national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. The exceptions to this section are outlined below:
a. Except as otherwise set forth in this Section, State, or any other State- assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at State’s sole option, equivalent to the proportionate Project funding participation received by Recipient from State if Recipient, or a sub -recipient, as applicable, (i) ceases to utilize Project for the original intended public transportation purposes or (ii) sells or transfers title to or control over Project. If federal funds (meaning only those federal funds received directly by Recipient and not federal funds derived through or from the State) have contributed to the Project, Recipient shall notify both State and the original federal source of those funds of the disposition of the Project assets or the intended use of those sale or transfer receipts.
b. State shall also be entitled to an acquisition c redit for any future purchase or condemnation of all or portions of Project by State or a designated representative or agent of State.
c. The Credit due State will be determined by the ratio of State’s funding when measured against the Recipient’s funding participation (the Ratio). For purposes of this Section , the State’s funding participation includes federal funds derived through or from State. That Ratio is to be applied to the then present fair market value of Project property acquired or constructed as provided in (d) and (e) below.
d. For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as 430
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determined by State, of the Project property acquired or improved under this Agreement.
e. Such Credit due State as a refund shall not be required if Recipient dedicates the proceeds of such sale or transfer exclusively to a new or replacement State approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due State should that replacement project or those replacement vehicles cease to be used f or that intended described pre - approved public transit purpose.
i. In determining the present fair market value of property for purposes of calculating State’s Credit under this Agreement, any real property portions of the Project site contributed by Recipient shall not be included. In determining State’s proportionate funding participation, State’s contributions to third parties (other than Recipient) shall be included if those contributions are incorporated into the Project.
ii. Once State has received the Credit as provided for above because Recipient, or a sub-recipient, as applicable, has (a) ceased to utilize the Project for the described intended public transportation purpose(s) for which State funding was provided and State has not consented to tha t cessation of services or (b) sold or transferred title to or control over Project to another party (absent State approval for the continued transit operation of the Project by that successor party under an assignment of Recipient’s duties and obligations ), neither Recipient, subrecipient, nor any party to whom Recipient or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this Agreement to continue operation of Project and/or Project facilities for those described public transportation purposes, but may then use Project and/or any of its facilities for any lawful purpose.
iii. To the extent that Recipient operates and maintains Intermodal Transfer Stations as any integral part of Project, Recipient shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of State, Recipient shall also authorize State-funded bus services to use those stations and appurtenances without any charge to State or the bus operator. This permitted use will include the placement of signs and informational material designed to alert the public to the availability of the State-funded bus service (for the purpose of this paragraph, "State-funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316). 431
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 21
G. Disputes
Parties shall develop a mutually agreed upon issue resolution process, as described below, and issues between the Parties are to be resolved in a timely manner. The Parties agree to the following:
1. If the Parties are unable to reach agreement on any particular issue relating to either Parties’ obligations pursuant to this Agreement, the Parties agree to promptly follow the issue resolution process as outlined below:
a. The Department’s project manager and the Recipient’s equivalent may initiate the process of informal dispute resolution by providing the other Party with written notice of a dispute. The written notice shall provide a clear statement of the dispute and shall refer to the specific provisions of this Agreement or Program Supplement that pertain to the dispute. The Department’s project manager and the Recipient’s equivalent shall meet and attempt to resolve the dispute within five days from the written notice . If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties.
b. If the dispute is not resolved by the fifth day from the written notice, the Department’s senior project manager and the Recipient’s equivalent shall meet and review the dispute within five days. The Department’s senior project manager and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of their initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties.
c. If the dispute is not resolved by the tenth day, the Department’s Director or his designee and the Recipient’s equivalent manager shall meet and review the dispute within five days. The Department’s Director or his designee and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of the initial meeting. If the dispute is resolved, the Parties shall cre ate and sign a short description of the facts and the resolution that was agreed upon by the Parties. If the dispute is not resolved by the tenth day by the Department’s Director or his designee and the Recipient’s equivalent manager, the Parties shall submit the matter to the Secretary of CalSTA for a final administrative determination.
H. Hold Harmless and Indemnification
1. Neither State nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Recipient, its agents and contractors under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement or any 432
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 22
Program Supplement or as respects environmental clean-up obligations or duties of Recipient relative to Project. It is also understood and agreed that, Recipient shall fully defend, indemnify and hold the CTC and State and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done b y Recipient under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement and all Program Supplements.
2. Recipient shall indemnify, defend and hold harmless State, the CTC and the State Treasurer relative to any misuse by Recipient of State funds, Project property, Project generated income or other fiscal acts or omissions of Recipient.
I. Labor Code Compliance
Recipient shall include in all subcontracts awarded using Project funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720 -1815) be paid not less than t he general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the Recipient.
J. Non-Discrimination Clause
1. In the performance of work under this Agreement, Recipient, its contractor(s) and a ll subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, natio nal origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free f rom such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereun der (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the Californ ia Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each of Recipient’s contractors and all subcontractors shall give written notice of their obligations under this clause to labor orga nizations with which they have a collective bargaining or other agreements, as appropriate.
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Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 23
2. Each of the Recipient’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the non -discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement.
3. Should federal funds be constitu ted as part of Project funding or compensation received by Recipient under a separate Contract during the performance of this Agreement, Recipient shall comply with this Agreement and with all federal mandated contract provisions as set forth in that appli cable federal funding agreement.
4. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement.
5. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of The Civil R ights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes —Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term “Contractor” appears therein, it shall mean the Recipient.
6. The R ecipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.
K. State Fire Marshal Building Standards Code
The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State -owned or State -occupied buildings per section 13108 of the Health and Safety Code. When applicable, Recipient shall request that the State Fire Marshal review Project PS&E to ensure Project consistency with State fire protection standards.
L. Americans with Disabilities Act
By signing this Master Agreement, Recipient assures State that Recipient shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits 434
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 24
discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).
M. Access for Persons with Disabilities
Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded constr uction of buildings, structures, sidewalks, curbs and related facilities. Recipient will award no construction contract unless Recipient’s plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
N. Disabled Veterans Program Requirements
1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient’s applicable higher goals) in the award of every contract for Project work to be performed under these this Agreement.
2. Recipient shall have the sole duty and authority under this Agreement and each Program Supplement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq.
O. Environmental Process
Completion of the Project environmental process (“clearance”) by Recipient (and/or State if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting Project funds for right-of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all a ppropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Cod e section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use. 435
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 25
P. Force Majeure
Each party will be excused from performanc e of its obligations where such non - performance is caused by any extraordinary event beyond its reasonable control, such as any non -appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time.
Should a force majeure event occur which renders it impossible for a period of forty-five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service.
ARTICLE IV – MISCELLANEOUS PROVISIONS
Section 1. Miscellaneous Provisions
A. Successor Acts
All statutes cited herein shall be deemed to include amendments to and successor statutes to the cited statues as they presently exist.
B. Successor and Assigns to the Parties
Neither this Agreement nor any right, duty or obligation hereunder may be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party; provided, that unless otherwise expressly required herein, a party shall not be obligated to obtain the written consent of the other party with respect to any contract related to the Service for the provision of goods and/or services to the contracting party in the ordinary course of business.
C. Notice
Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to 436
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 26
such other addresses as may be specified in writing and given to the other party in accordance herewith.
If given to the Department:
State of California
Department of Transportation
Division of Local Assistance
P.O. Box 942874
Sacramento, CA 994274-0001
Attention: Division of Local Assistance, TIRCP Contract Manager, Mail Stop 39 with a copy to:
California State Transportation Agency
915 Capitol Mall Suite 350 B
Sacramento, CA 95814
If given to the Recipient:
Agency Name
Address.
City, XXXXX-XXXX
Attention: Contact Name
D. Amendment
This Agreement may not be changed, modified, or amended except in writing, signed by the parties hereto, and approved in advance in writing by the Secretary, and any attempt at oral modification of this Agreement shall be void and of no effect.
E. Representation and Warranties of the Parties
1. Recipient hereby represents and warrants to the Department that:
a. Recipient is in good standing under applicable law, with all requisite power and authority to carry on the activities for which it has been organized and proposed to be conducted pursuant to this Agreement.
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Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 27
b. Recipient has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement by such entity, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized by the governing board of such entity and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The Agreements have been duly an d validly executed and delivered by such entity and constitute valid and binding obligations of such entity, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to the creditor’s rights and the remedy of specific enforcement and injunctive and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought.
c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which Recipient is a party ; (ii) violate any write, order, judgment, injunction, decrees, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets.
2. The Department does hereby represent and warrant with respect to each provision of this Agreement to the Recipient that:
a. It validly exists with all requisite power and authority to carry on the activities proposed to be conducted pursuant to this Agreement. b. It has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations thereu nder. The execution and delivery of this Agreement, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The agreements have been duly and validly executed and delivered by it and constitute valid and binding obligations, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to creditor’s rights and other forms of equitable relief, and may be subject to equitable defenses and to the disc retion of the court before which any proceeding therefore may be brought.
438
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 28
c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which the Recipient is a party; (ii) violate any writ, order, judgment, injunction, decree, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets.
F. Construction, Number, Gender and Captions
The Agreements have been executed in the State of California and shall be construed according to the law of said State. Numbers and gender as used therein shall be construed to include that number and/or gender which is appropriate in the context of the text in which either is included. Captions are included therein for the purposes of ease of reading and identification. Neither gender, number nor captions used therein shall be construed to a lter the plain meaning of the text in which any or all of them appear.
G. Complete Agreement
This Agreement, including Appendices, constitutes the full and complete agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement. All attached Appendices A and B are hereby incorporated and made an integral part of this Agreement by this reference.
H. Partial Invalidity
If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein.
I. Conflicts
To the extent that any provision of or requirement of this Agreement may conflict with a provision or requirement of any other a greement between the parties hereto, or between a party hereto and any other party, which is attached to this Agreement as an appendix, the priority of agreements shall be employed to resolve such conflict. In the event of a conflict, the Master Agreement controls the Program Supplement and any further Amendments.
439
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 10/3/2023 Page 29
J. Counterparts
This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one instrument.
Copies of this Agreement may be used in lieu of the original.
K. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORATION
AGENCY NAME
BY: ______________________________ BY: ____________________________ Dee Lam
Chief, Division of Local Assistance
Name
Title
DATE: ______________________________ DATE: ____________________________
APPROVED AS TO FORM AND PROCEDURE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
BY: _____________________________
Deputy Attorney
DATE: _____________________________
440
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 9/22/20 Page 30
APPENDIX A
TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION
(INSERT GUIDELINES AND DEPARTMENT DELEGATION)
441
Agency Name
Master Agreement No. 64XXXXXMA
Program Supplement No. XXXXXXPS
Revised as of 9/22/20 Page 31
APPENDIX B
RECIPIENT’S RESOLUTION
(INSERT AGENCY BOARD RESOLUTION)
442
DISCUSSION AND/OR ACTION
AGENDA ITEM
4. 22-675
443
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 10, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, Community Development Director Patrick Tang, City Attorney
SUBJECT: Lease Agreement with AT&T Mobility – Communication Tower on Wheels at 111 Civic Drive
RECOMMENDED ACTION:
Approve the draft Site Lease agreement, Attachment 1, between the City of Hercules and AT&T Mobility and authorize the City Manager to execute all related site lease documents that are substantially similar to the approved draft.
BACKGROUND:
In 2006, the Hercules Planning Commission approved Design Review Permit No. 05 -09 and Conditional Use Permit No. 05 -01, a request to install and operate an unmanned telecommunications facility on an existing 55 -foot-tall PG&E transmission tower and construct a 250-square-foot equipment enclosure at 1625 Sycamore Avenue. On May 3, 2023, AT&T was notified that the lease agreement with PG&E would not be renewed, and all equipment must be removed by August 25, 2023. On August 9, 2023, after consultation with Robert Ross, the City’s wireless consultant, the applicant Jason Osborne, on behalf of AT&T Mobility, applied for a Temporary Use Permit to allow a communication tower on wheels (COW) at 111 Civic Drive until a permanent location can be established.
Once a termination notice is received, AT&T proceeds with reviewing the area for alternative locations. On behalf of AT&T, Crown Castle has had preliminary discussions with staff regarding a permanent site for a new tower at 111 Civic Drive. The main concern is that the timeline to secure a viable permanent alternative takes many months to conduct required public outreach, obtain City approval, and construct the new tower. This typically takes anywhere from 9 months to one year.
To mitigate the loss of the previous cellular facility at 1625 Sycamore, AT&T is proposing a temporary facility on City-owned property.
22-675
444
On August 21, 2023, the Hercules Planning Commission reviewed and approved the Temporary Use Permit (TUP #23 -28) to allow a temporary AT&T cell site at 111 Civic Drive, including a communication tower on wheels, 35 feet in height , for 24 months or until an approved replacement facility has been constructed and issued a certificate of compliance, whichever is sooner.
DISCUSSION:
Staff requests t hat Council approve the attached Site Lease and authorize the City Manager to execute all related site lease documents that are substantially similar to the approved draft. The draft lease has been approved by AT&T.
The City’s consultant, Center for Municipal Solutions (CMS), negotiated a lease rate of $1,800.00 per month, to be increased annually by 3% or the CPI, whichever is higher, with a maximum cap at 4% increase as stated in the attached Site Lease. The proposed Site Lease agreement is for approximately 1,225 square feet, which will include an area for a temporary communication tower on wheels, approximately 35 feet in height, with one pole and six (6) panel antennas affixed to two (2) telescopic masts. The base of the structure will house a temporary equipment shelter with an access door and emergency generator for the site. The length of the lease is for the duration of the approved Temporary Use Permit, which is up to 24 months from its approval (through August 21, 2025) or until a permanent site is established, whichever is sooner.
Approval of this lease for the temporary facility would help AT&T Mobility to minimize coverage gaps due to the loss of the facility at 1625 Sycamore. The temporary facility would provide cellular coverage primarily to the Highway 80 and Highway 4 interchange and to the City of Hercules. Additionally, the facility would provide emergency service coverage via Band 14 / FirstNet to the City of Hercules Police and Fire Departments.
Providing consistent cellular cover age to the community and Band 14 / FirstNet to first responders, furthers public safety and general welfare.
FISCAL IMPACT:
Increased revenue to the City of $ 1,800 per month or $21,600 annually, with an annual CPI adjustment of 3-4%.
ATTACHMENTS:
1. Draft Site Lease Agreement.
2. Resolution Authorizing the City Manager to Execute the Site Lease. 445
1 CITY OF HERCULES SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT (this " Lease") dated as of _________________ (“Commencement Date ”), is made by and between the City of Hercules, a municipal corporation ("Lessor"), and _____________________________________________________limited liability company ("Lessee").
BACKGROUND
A. Lessor owns that certain plot, parcel or tract of land, as legally described on Exhibit A, together with all rights and privileges arising in connection therewith, located in the City of Hercules, County of Contra Costa, State of California 94547 [APN: 406-150-015-05] (collectively, the “ Property”). Lessee desires to use a portion of the Property in connection with its federally licensed communications business to provide space for certain of Lessee’s equipment necessary or advisable for the operation of its antennas and associated communications fixtures and equipment in stalled or to be instal led on a communication tower on wheels.
AGREEMENT
1. Lease of Premises. Lessor hereby leases to Lessee a certain portion of the Property containing approximately One Thousand Two Hundred Twenty-Five (1,225) square feet including the air space above such ground space, as described on attached Exhibit B (the “Premises”) for the placement of Lessee ’s Wireless Communication Tower on Wheels (or “COW,” as defined in Section 4, Permitted Use, below) and permits Lessee to access the Premises through the Property only as necessary for installation or maintenance of all equipment required to connect Lessee’s antennas located on the Tower owned PG&E with the Wireless Communication Facility.
2. Term. The term of this Lease shall be until the expiration of Temporary Use Permit TUP #23-28 on August 21, 2025 or when a suitable Permanent site becomes available, whichever is sooner.
3. Rent.
(a) From and after the Commencement Date, Lessee shall pay rent to Lessor in the amount of One Thousand Eight Hundred Dollars ($1,800 .00) per month (" Rent"). If the COW draws more than the anticipated power consumption per month (which is anticipated to be 3,741 KWH), the next month’s Rent must include payment for any and all overage at the rate which Lessor pays per KWH. The first payment of Rent shall be due within thirty (30) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth (5th) day of each calendar month to Lessor at the ad dress specified in Section 1 0, Notices, below. If this Lease is terminated for any reason at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Lessee.
(b) Annually and automatically without notification, on each anniversary of the Commencement Date during the Term , the then current base Rent shall be automatically increased by the greater of (i) three percent ( 3%) over the monthly Rent paid during the previous year, or (ii) any percentage increase which occurred in the Consumer Price Index (CPI) for the San Francisco - Oakland - San Jose Metropolitan Statistical Area during the preceding year period, provided, however, that in no event shall an increase in the monthly 446
2 Rent exceed four percent (4%) over the monthly Rent paid in the immediately preceding year.
4. Permitted Use. The Premises may be used by Lessee for installation and operation of a COW, which is a temporary communication tower on wheels and associated equipment. Lessee further has the right, but not the obligation, to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services. Lessee may not use the Premises for any other purpose or use without amendment to this Lease.
5. Interference. For the purposes of this Lease, “Interference” may include, but is not limited to, any use on the Property that causes electronic or physical obstruction with, or degradation of, the communications signals related to the COW, or physical obstruction with or degradation of the Property itself. Lessee shall not use the Premises in any way that causes Interference with the use of the Property by Lessor, or other lessees or licensees of Lessor. Similarly, Lessor shall not use the Premises in any way that causes Interference with the use of the Property by Lessee. Interference shall be deemed a material default by the interfering party, who shall, upon written notice from the other, be responsible for terminating said Interference. In the event any such Interference does not cease promptly, the par ties acknowledge that continuing Interference may cause injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such Interference or to require t he other party to immediately cease all operations which are suspected of causing the Interference (except for intermittent testing to determine the cause of such Interference) until the Interference has been corrected or eliminated.
5. Improvements; Utilities; Access; Removal/Restoration. (a) Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate the COW including radio transmitting and receiving antennas, microwave dishes, tower and base, equipment cabinets and related cables and utility lines and a location based system, including, antenna(s), coaxial cable, base units, location based systems, and other associated equipment. Lessee shall have the right to maintain, enhance, and upgrade the COW within the Premises at any time during the Term of this Lease, provided that Lessee shall not expand the use outside the Premises or otherwise install any improvements not necessary to operate the COW. Lessee shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. The COW shall remain the exclusive property of Lessee. Lessee shall have the right to remove the COW at any time during the Term and upon the expiration or termination of this Lease.
(b) Lessee, at its expense, may use any and all appropriate means of restricting access to the COW so long as such means does not block access to Lessor or any third party’s equipment that is legally occupying space at the Property or block Lessor’s access to any other portion of the Property.
(c) Lessee shall, at Lessee’s sole cost and expense, at all times keep and maintain its equipment and the COW now or hereafter located on the Premises in a safe condition, and in compliance with the latest version of TIA 222 standards for the condition of the physical components of the COW, and for non -safety related matters in a commercially reasonable condition and repair during the Term of this Lease, normal wear and tear and loss by casualty or other causes beyond Lessee’s control excepted. Lessee shall have the right to install utilities, at Lessee. Lessor agrees to use reasonable efforts in assisting Lessee in obtaining any necessary utility service. Lessee shal l install Emon-Demon meters for utilities used on the Premises by Lessee. Lessor agrees to cooperate in good faith with Lessee and the utility company to correct any variation, interruption or failure of utility service. Lessor acknowledges that Lessee provides a 447
3 wireless com munication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week.
(d) Subject to Lessor’s consent with regard to size and location, Lessor grants Lessee a limited license in, under and across the Property for ingress, egress, utilities and vehicular and pedestrian access to the Premises adequate to install and maintain utilities, which include the installation of power and telephone service, coaxial cable and fiber optic cable, and to service the Premises and the COW at all times during the Term of this Lease (collectively, the " Access License"). The location of any future utility placement shall be mu tually agreed upon by Lessor and Lessee. The Lic ense granted hereunder shall have the same term as this Lease and shall automatically terminate upon termination of this Lease. The License granted above shall be in effect for 24-hours-per-day, 7-days-per-week.
(e) All portions of the COW brought onto the Premises by Lessee will be and remain Lessee’s exclusive property and, at Lessee’s option but subject to the requirements to remove the COA upon termination as provided below , may be removed by Lessee at any time during the Term. Lessor covenants and agrees that no part of the COW constructed, erected or placed on the Premises by Lessee become, or be considered as being affixed to or a part of, the Property, it being the speci fic intention of Lessee that improvements of every kind and nature constructed, erected or placed by Lessee will be and remain the property of Lessee. Within one hundred twenty (120) days after the termination of this Lease, Lessee must remove all above -ground improvements and return the Premises to Lessor in good condition, reasonable wear and tear and loss by casualty or other causes beyond Lessee control excepted.
6. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows:
(a) By either party on thirty (30) days prior written notice to the other, if the other party remains in default under this Lease after the applicable notice and cure periods;
(b) Immediately by Lessee if Lessee is unable to obtain or maintain any license (including, without limitation, an FCC license), permit or any Government Approvals (as defined in Section 13, Approvals, below) necessary to the installation and/or operation of the COW as now or hereafter intended by Lessee, or Lessee’s business; or if Lessee determines, in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable;
(c) [Intentionally omitted];
(d) Immediately upon written notice by Lessee if the Premises or the COW are destroyed or damaged so as in Lessee’s reasonable judgment to substantially and adversely affect the effective use of the COW to the extent that Lessee cannot provide service;
(e) At the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Lessee’s determination to render the Premises unsuitable for Lessee’s use, Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation;
(f) Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Lease, Lessee may terminate this Lease upon written notice to Lessor for any reason or no reason, so long as Lesseee pays to Lessor an early termination fee equal to one (1) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Lease by Lessee under any other termination provision expressly contained 448
4 in this Section 6. Such termination fee shall be paid by Lessee to Lessor prior to Lessee’s removal of any portion of the COW from the Premises.
7. Default and Right to Cure.
(a) The following will be deemed a default by Lessee and a breach of this Lease: (i ) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Lessor of such failure to pay; or (ii) Lessee’s failure to perform any other term or condition under this Lease within thirty (30) days after written notice from Lessor. Notwithstanding anything herein to the contrary, safety issues may be required by Lessor to be remedied sooner than thirty (30) days in the event of an imminent threat, as reasonably determined by Lessor. No default will be deemed to exist if Lessee has commenced cure of such default within a thirty (30) day period or such shorter period as may be reasonably warranted by the occurrence of a safety issues, and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessee. If Lessee remains in default beyond the applicable cure period, Lessor will have the right to exercise any and all rights and remedies available to it under law and equity.
(b) The following will be deemed a default by Lessor and a breach of this Lease: (i) Lessor fails to provide Access to the Premises as required by this Lease within twenty -four (24) hours after Lessor’s recei pt of wr itten notice of such failure; (ii) Lessor’s failure to c ure an Interference problem caused by Lessor, or any of its employees, contractors, on the Property as required by this Lease within ten (10) days after Lessor’s receipt of written notice of Lessor; or (iii) Lessor's failure to perform any term, condition, or covenant under this Lease within thirty (30) days after Lessor’s receipt of written notice from Lessee. No such failure, however, will be deemed to exist if Lessor has commenced to cure the defaul t within such period and such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessor. If Lessor remains in default beyond any applicable cure period, Lessee will have the right to cure Lessor’s default and to deduct the costs of such cure from any monies due to Lessor, and any and all other rights available to it under law and equity.
8. Taxes. Lessor shall pay, when due, all real property taxes for the Property, including the Premises.
In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease on a dollar -for-dollar basis. Notwithstanding the foregoing, Lessee must pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence, operation, or installation of the COW.
9. Insurance and Subrogation and Indemnification.
(a) Lessee shall procure and maintain throughout the duration of this Lease commercial general liability insurance including Lessor as an additional insured, with limits of $2,000,000.00 for bodily injury and property damage per occurrence and $5,000,000.00 aggregate, covering Lessee and occupancy of the Premises and operation of the COW, with a certificate of insurance to be furnished to Lessor thirty (30) days of the Effective Date of this Lease.
Cancellation of any required coverage that is not replaced will not occur without Lessee providing at least thirty (30) days’ prior written notice to Lessor, except ten ( 10) days’ prior notice shall be required in the event of cancellation due to a failure to pay premiums. Furthermore:
(i) Lessee shall include as additional insureds the City of Hercules, and its respective directors, officers, employee s, consultants and agents. Lessor’s ad ditional insured status shall (A ) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Lessee, Lessee’s employees, agents or 449
5 independent contractors; and (B) not extend to claims for punitive or exemplary damages arising out of t he acts or omissions of Lessor, Lessor’s employees, consultants, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Lessor, its em ployees, consultants, agents or in dependent contractors.
(ii) any insurance carried by Lessor shall be non-contributing.
(b) Lessee shall also maintain standard form property insurance ("All Risk" coverage) equal to the full replacement cost covering all of Lessee’s improvement, alterations, equipment and other personal property of Lessee on or Lessee the Premises or the Property. Permission is granted to Lessee to self-insure required property insurance.
(c) Lessor and Lessee hereby mutually release each other (and their successors or assigns) from liab ility and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder.
In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. To the extent loss or damage is not covered by their first party property insurance policies, Lessor and Lessee each agree to indemnify and hold harmless the other party from and against any and all claims, damages, cost and expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees and/or agents of the indemnifying party , or (b) a breach of any obligation of the indemnifying party under this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party, and (ii) the indemnified party's granting to the indemnifying party in writing the right to control the defense and settlement of the same at the time of notice. Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this section shall survive the expiration or termination of this Lease. Lessee shall not be responsible to Lessor for any claims, costs or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property, including the Premises.
10. Notices. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Lessee:
________________________________
____________________________
_______________________________
___________________________
________________________________
__________________________________
___________________________
_________________________
With a copy to the AT&T Legal Department:
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6 If to Lessor:
City of Hercules
111 Civic Center Drive
Hercules, CA 94547
Send Rent payments to:
City of Hercules
111 Civic Center Drive
Hercules, CA 94547
The copy sent to Lessee’s Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other as provided herein.
11. Sale of Property.
(a) Lessor shall not be prohibited from the selling, leasing or use of any of the Property except as provided below.
(b) If Lessor, at any time during the Term of this Lease, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or surrounding property, to a purchaser other than Lessee, Lessor shall notify Lessee and such rezoning, sale, subdivision or transfer shall be subject to this Lease and Lessee’s rights hereunder.
In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Lessor shall send the documents listed below in this subsection (b) to Lessee. Until Lessee receives all such documents, Lessee shall not be responsibl e for f ailure to make Rent payments under this Lease and reserves the right to hold Rent payments due under this Lease.
(i) Old deed to Property
(ii) New deed to Property
(iii) Bill of Sale or Transfer
(iv) Copy of current Tax Bill
(v) New IRS Form W-9 & CA FTB Form 590
(vi) Completed and Signed AT&T Payment Direction Form
(vii) Full contact information for new Lessor including phone number(s)
(c) Lessor agrees not to sell, lease or use any areas of the Property or surrounding property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Lessee’ s permitted use as determined by actual on -site radio propagation tests. If the radio frequency propagation tests demonstrate levels of interference that would effectively prohibit Lessee’s use, the parties will cooperatively work to find a solution and if none is found, Lessor shall not sell or lease the Property as intended.
(d) The provisions of this Section shall in no way limit or impair the obligations or rights of Lessor under this Lease, including Interference and access obligations.
12. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
451
7 13. Approvals. Lessor agrees that Lessee's ability to use the Premises and Property is contingent upon the suitability of the Premises, and Lessee's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Lessee for its use, including without limitation applications for zoning permits , zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Lessor agrees to reasonably cooperate with Lessee to prepare, execute, and file all required applications to obtain Government Approvals for Lessee’s permitted use to the extent that such Lessor assistance is consistent with applicable law.
14. Miscellaneous.
(a) Either party will, at a ny time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Lease, as so modified, is in full force and effect); (ii) the date to which the Rent and other charges are paid in advance, if any, and (iii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed.
(b) Lessee agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Lessee’s installation and operation of the COW on the Property.
Lessor agrees to comply with all Laws relating to Lessor’s and use of the Property and any improvements on the Property.
(c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, neg otiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties.
(d) This Lease shall be construed in accordance with the laws of the State of California.
(e) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the drafts man, but rather in accordance with the plain language and fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by any delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision.
(f) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated.
(g) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument.
(h) All Exhibits referred to herein and any Addenda hereto are deemed to be inseparable from this Lease and are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A (the legal de scription of the Property), Exhibit B (depiction of the Premises and COW located within the Property) and Exhibit C (Memorandum of Lease), may be attached to this Lease and the Memorandum of Lease (Exhibit C), in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and C, 452
8 as the case may be, which may have been attached hereto in preliminary form, may be replaced by Lessee with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for any purposes and this Lease shall not be effective until all said exhibits are attached in final form.
(i) The venue for any mediation or litigation between Lessor and Lessee in connection with this Lease shall be Contra Costa County, California.
453
9 IN WITNESS WHEREOF, the parties have caused this Lease to be effective as of the last date written below.
LESSOR:
City of Hercules,
a municipal corporation
By:
Printed Name:
Title:
Date: , 2023
LESSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Printed Name:
Title:
Date: , 2023
[ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
454
10 LESSOR ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, _______________________________________, (insert name and title of the officer)
personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
455
11 LESSEE ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, _______________________________________, (insert name and title of the officer)
personally appeared __________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
456
12 EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is legally described as follows:
The land referred to herein is situated in the State of California, County of Contra Costa, City of Hercules, and is described as follows:
PARCEL A, AS SHOWN ON PARCEL MAP 191PM29 FILED NOVEMBER 9, 2004 IN BOOK 406 OF MAPS, PAGE 15, CONTRA COSTA COUNTY RECORDS.
457
EXHIBIT B
DEPICTION OF PREMISES AND COMMUNICATION FACILITY
The Premises and Wireless Communication Facility are generally depicted as follows:
[Plan Set Dated December 16, 2015, Prepared by Fullerton Engineering Design, and Consisting of Thirteen (13) Pages, Appears on Following Pages]
However, it is expressly agreed and understood by and between the Lessor and Lessee that the exact and precise location of the LesseeLesseeeless Communication Facility are subject to review and approval by the planning and/or zoning Boards having jurisdic tion over the "Premises".
Therefore, it is expressly agreed and understood by and between Lessor and Lessee that the precise location of the Premises as shown on Exhibit B may be modified by LesseeLesseeder to comply with and obtain necessary planning and/ or zoning approvals, and any and all other approvals necessary for Lessee's intLesseeuse of the Property. The Premises as described herein may therefore be modified by the Lessee to reflect Lesseenal engineering design. An amended Exhibit B (if necessary) will be provided by the Lessee and attached to tLesseese in place of the existing Exhibit B, a copy of which will be provided to LessorLessoriew prior to being incorporated into the Lease. 458
EXHIBIT C
MEMORANDUM OF LEASE
[Appears on Following Pages]
459
MEMORANDUM OF LEASE
Recording Requested By
& When Recorded Return To:
APN:
(Space Above This Line For Recorder’s Use Only)
Cell Site No.:
Search Ring Name:
Cell Site Name:
Fixed Asset No.:
State: California
County: Contra Costa
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this ____ day of _______________, 2023, by and between the City of Hercules, a municipal corporation ("Lessor"), having a mailing address of 111 Civic Center Drive, Hercules, CA 94547, and_______________________, LLC, a _______________ limited liability company (" Lessee"), having a mailing address of______________________________________________________.
1. Lessor and Lessee entered into a certain Amended and Restated Site Lease dated as of _______________, 2023 (“ Lease”), for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Lease.
2. The initial lease term will be 24 Months or when an appropriate permeant facility is available to move into.
3. The portion (“Premises”) of the land (“Property”) being leased to Lessee and associated easements are described in Exhibit 1 annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease.
460
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
LESSOR:
City of Hercules,
a municipal corporation
By:
Printed Name:
Title:
Date: , 2023
LESSEE:
______________________________
________________________________________
By: AT&T Mobility Corporation
Its: Manager
By:
Printed Name:
Title:
Date: , 2023
[ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
461
LESSOR ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ____________________________________________, (insert name and title of the officer)
personally appeared _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
462
LESSEE ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ____________________________________________, (insert name and title of the officer)
personally appeared _______________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
463
EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY & DEPICTION OF PREMISES
The Property is legally described as follows:
The Premises is generally depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Contra Costa County Appears on Following Page]
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RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE THE SITE LEASE WITH AT&T MOBILITY AT 111 CIVIC DRIVE, APN 406-150-015-5
WHEREAS, on March 21, 2006, the City of Hercules Plann ing Commiss ion approved Design Review Permit No. 05 -09 and Conditional Use Permit 05-01, allowing the installation and operat ion of an unmanned telecommunications facility on an existing 55 -foot tall PG&E transmission tower, with an associated 250 square f oot enclosure at 1625 Sycamore Avenue; and
WHEREAS, on May 3, 2023, PG&E notified AT&T Mobility that their lease agreement for their tele communications facility and equipment enclosure at 1625 Sycamore Avenue woul d not be renewed and all equipment must be removed by August 25, 2023; and
WHEREAS, to el iminate telecommunication coverage gaps as much as practicable, a temporary location , until a perman ent site can be found and constructed , was sought and 111 Civic Drive was evaluated for continued coverag e and fou nd feasible; and
WHEREAS, on August 21, 2023, the City of Hercules Planning Commission approved a Temporary Use Permit No. 23 -28, to allow the relocation o f the communication tower from 1625 Sycamore Avenue to 111 Civic Drive for 24 months or when an ap proved replacement facility is constructed and issued a certificate of compliance, whichever is sooner; and
WHEREAS, the approved development proposal, Temporary Use Permit No. 23- 28, includes a communication tower on wheels, 35 -feet in height and a n eq uipment shelter on an approximate 35-foot by 35-foot, 1,225 square foot, leased area; and
WHEREAS, AT&T Mobility desires to lease the site area , a pproximately 1,225 square feet in area, to accommodate a temporary equipment shelter and a 35 -foot in height communications tower on wheels; and
WHEREAS, the City’s consultant , Center for Municipal Solutions (CMS) , negotiated a lease rate of $1,800.00 per month, to be increased annually by 3% or the CPI, whichever is higher, with a maximum cap at 4% increase as stated in the attached Site Lease; and
WHEREAS, a Site Lease has been prepared, reviewed by the City Attorney, for the City Council’s consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Hercules as follows:
465
1. The City Council approves the attached Site Lease and hereby authorizes the City Manager to execute all lease related documents, substantially similar to the attached lease, with AT&T Mobility.
The foregoin g Resolution was duly and regularly adopted at a re gular meeting of the City Council of th e City of Hercules held on the 10th day of October 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Alex Walker-Griffin, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
466